HomeMy WebLinkAbout07-1344SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY E. MCKEE,
Plaintiff
V.
STACEY POWELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (37 - J? q{
(S U lltc--?J-9
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20)
days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that,
if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money entered
against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE
OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
1-800-990-9108
-1-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY E. MCKEE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
STACEY POWELL, CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
NOTICIA
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 o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted no se defiende, la
corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o
notoficacaion y por cualquier queja o alivio que es pedido en la peticion do
demanda. usted puede perder dinero o sus propiededas o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O Si NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
1-800-990-9108
-2-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07, 12gq 6.c L?
STACEY POWELL, CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, ASHLEY E. MCKEE, by and through her
attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the
following:
FACTS APPLICABLE TO ALL COUNTS
1. Plaintiff, ASHLEY E. MCKEE, is an adult individual who currently
resides at 1200 N. Middletown Road, Carlisle, Cumberland County,
Pennsylvania.
2. Defendant, STACEY POWELL, is an adult individual whose last
known address is 395 Peach Glen Idaville Road, Gardners, Adams County,
Pennsylvania.
3. The facts and circumstances hereinafter set forth took place on
April 25, 2006, at approximately 3:14 p.m. on Georgetown Road, Dickinson
Township, Cumberland County, Pennsylvania.
-3-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
4. At the aforesaid time and place, Plaintiff, ASHLEY E. MCKEE, was
the operator of a 2005 Chevrolet Cavalier bearing Pennsylvania Registration
Number FRM8666.
5. At the aforesaid time and place, Defendant, STACEY POWELL
was the operator of a Blue Ford Ranger pick up truck.
6. At the aforesaid time and place, Plaintiff, ASHLEY MCKEE was
operating the Cavalier in the northbound lane of Georgetown Road.
7. At the aforesaid time and place, Defendant, STACEY POWELL
was operating the Blue Ford Ranger pick up truck in the southbound lane of
Georgetown Road.
8. The Defendant was operating the Ranger pick up truck at a high
rate of speed and in excess of the posted speed limit of 35 miles per hour.
9. The Ranger pick up truck crossed the center line of Georgetown
Road into the northbound lane of travel whereupon the Plaintiff was forced to
move the Cavalier onto the berm/ditch running along the east berm. The
Cavalier then struck a drain pipe, rolled over and landed in the private driveway
of a property on the east side of Georgetown Road.
10. As a result of the aforesaid collision, Plaintiff, ASHLEY E. MCKEE,
has suffered serious and permanent injuries, including but not limited to the
following:
a) Severe degloving injury to the left upper extremity;
b) Open left ulnar shaft fracture with significant tissue loss and
degloving;
-4-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
c) Severe shock to nerves and nervous system; and
d) Anguish.
11. The aforesaid collision was the direct and proximate result of the
negligence of Defendant, STACEY POWELL, in operating the Blue Ford Ranger
pick up in a careless, reckless, and negligent manner as follows:
a) In operating his vehicle at an excessive rate of speed under
the circumstances;
b) In failing to have his vehicle under proper and adequate
control;
c) In failing to yield the right-of-way to on-coming traffic;
d) In failing to yield half of the highway to on-coming
traffic;
e) In failing to keep the vehicle within the proper lane;
f) Failing to give at least one half of the main-traveled portion
of the roadway to another vehicle being occupied/operated
by the Plaintiff in violation of §3302 of The PA Motor
Vehicle Code; and
g) Failing to drive his vehicle as nearly as practicable entirely
within a single lane on a roadway which had been divided in
two or more clearly marked lanes for traffic and moving from
the lane before he had first ascertained the movement
could be made with safety in violation of §3309(1) of The
PA Motor Vehicle Code.
12. As a direct and proximate result of the aforesaid injuries, Plaintiff,
ASHLEY E. MCKEE, has undergone and in the future will undergo great
pain and suffering for which damages are claimed.
13. As a further result of the aforesaid injuries, Plaintiff, ASHLEY E.
MCKEE has suffered and may continue to suffer a loss of earnings for
-5-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
which damages are claimed.
14. As a further result of the aforesaid injuries, Plaintiff, ASHLEY E.
MCKEE, has and/or may in the future incur a loss of earning capacity for
which damages are claimed.
15. As a further result of the aforesaid injuries, Plaintiff, ASHLEY E.
MCKEE, has sustained scarring and disfigurement for which damages are
claimed.
16. As a further result of the aforesaid injuries, Plaintiff, ASHLEY E.
MCKEE, has sustained a permanent diminution in her ability to enjoy life and
life's pleasures for which damages are claimed.
17. As a further result of this collision, Plaintiff, ASHLEY E. MCKEE,
has and/or may incur reasonable and necessary medical and rehabilitative costs
and expenses in excess of the amounts paid or payable pursuant to Subchapter
B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers'
Compensation or any program, group contact, or other arrangement for payment
of benefits as defined in 75 Pa. C.S.A. Section 1719.
18. As a further result of the aforesaid injuries, Plaintiff, Ashley E.
MCKEE, 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.
19. Plaintiff, ASHLEY E. MCKEE, sustained a serious injury in this
collision which has caused her a serious impairment of body function. Therefore,
-s-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
Plaintiff, ASHLEY E. MCKEE, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
20. Plaintiff, ASHLEY E. MCKEE, sustained a serious injury in this
collision which has caused her permanent serious disfigurement. Therefore,
Plaintiff, ASHLEY E. MCKEE, remains eligible to claim compensation for non
economic loss and economic loss sustained in this collision pursuant to
applicable tort law.
WHEREFORE, Plaintiff, ASHLEY E. MCKEE, demands judgment against
Defendant, STACEY POWELL, for compensatory damages in an amount in
excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
AttornV;4l ai ntiff
Dated: 3.7-07 By &&Kl?
imoth A. Shollenberger, Esq.
Attorney I.D. #34343
2225 Millennium Way
Enola, PA 17025
(717) 728-3200
(717) 728-3400 (fax)
GATIM CASE FILES- OPEN\McKee, Ashley\Pleadings\030607 Complaint Uc].doc
-7-
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Tel. (717) 728-3200; Fax (717) 728-3400
1r?
VERIFICATION
1,?1 hereby acknowledge that I am a Plaintiff in this
action and that I have read the C(pYY1?IcLi V)?- 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.
'441
E_ `Plc LDate: ?? (?
G \GI.OEAL\WPDATAIDOCS111VITIAL CONSULT DOGS (SET-UPS)Wenficafion Wpd
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way. Enola. PA 17025
(717) 725 3200 • FAX (717) 726 3200
PQ
,
r
°n
14
Vol
J ww
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6m Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
matter.
Please enter our appearance on behalf of Defendant Stacey Powell in the above
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
by:
Brooks R. Folan , Es uire
I.D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
491505.1
". • . 1
CERTIFICATE OF SERVICE
7//
AND NOW, this ? day of , 20071, Coleen M. Polek,
of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Timothy A. Shollenberger, Esq.
Shollenberger & Januzzi, LLP
225 Millennium Way
Enola, PA 17025
Coleen M. Polek
('1 ?? i?
C,. ? -ri
??, -?'
?'' t.7 -AiC+
"" t{_}
'
E
_ "C?
t. .?
_
.? ......
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Answer with New Matter within
twenty (20) days from service hereof or a default judgment may be entered against you.
DEFENDANT'S ANSWER WITH NEW MATTER
AND NOW, comes Defendant Stacey Powell, by and through his attorneys,
Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter:
1. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 1 of Plaintiffs Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
2. Admitted.
3. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 3 of Plaintiffs Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
4. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 4 of Plaintiffs Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
5. Denied as stated. It is admitted only that Defendant Stacey Powell was
operating a Ford Ranger pickup truck some minutes prior to Plaintiffs accident.
6. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 6 of Plaintiffs Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
7. Denied as stated. It is admitted only that Defendant Stacey Powell
operated the Ford Ranger pickup truck in the southbound lane of Georgetown Road on
the date of Plaintiff's alleged accident. Any and all other allegations contained in
paragraph 7 are specifically denied and strict proof thereof is demanded at time of trial.
8. Denied. It is specifically denied that Defendant Stacey Powell was
operating the Ranger pickup truck at a high rate of speed or in excess of the posted
speed limit of 35 mph.
9. Denied. It is specifically denied that at any time material hereto that the
Ford Ranger pickup truck crossed the center line of Georgetown Road and into the
northbound lane of travel causing Plaintiff to move her vehicle onto the east berm of the
road. Any and all other allegations contained in paragraph 9 are specifically denied and
strict proof thereof is demanded at time of trial.
10. (a-d) Denied. Defendant is without information or belief as to the truth of
the averments of paragraphs 10 (a-d) of Plaintiffs Complaint and the same are
therefore denied and proof thereof is demanded at time of trial.
11. (a-g) Denied. The allegations contained in paragraphs 11 (a-g) are
conclusions of law to which no response is required. To the extent a response is
deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
2
12. Denied. The allegations contained in paragraph 12 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
13. Denied. The allegations contained in paragraph 13 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
14. Denied. The allegations contained in paragraph 14 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
15. Denied. The allegations contained in paragraph 15 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
16. Denied. The allegations contained in paragraph 16 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
17. Denied. The allegations contained in paragraph 17 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
18. Denied. The allegations contained in paragraph 18 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
3
19. Denied. The allegations contained in paragraph 19 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
20. Denied. The allegations contained in paragraph 20 are conclusions of
law to which no response is required. To the extent a response is deemed to be
required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant Stacey Powell respectfully requests that judgment be
entered against his favor and against Plaintiff Ashley E. McKee.
NEW MATTER
21. Some or all of Plaintiffs claims may be barred by Plaintiff's comparative
and/or contributory negligence.
22. Plaintiffs claims may be barred by the expiration of the applicable statute
of limitations. Plaintiffs claims may be barred or reduced by the applicable provisions of
the Pennsylvania Motor Vehicle Financial Responsibility Law.
23. Some or all of Plaintiffs injuries and/or damages, if any, may have been
caused by parties other than Defendant.
Respectfully submitted,
THOMAS, TAWAS & HAFER, LLP
by: -- 11-2-14-k 2C?--
Br6oks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
Attorneys for Defendant Stacey Powell
4
VERIFICATION
I, Stacey Powell, have read the foregoing Answer with New Matter and hereby affirm that it
is true and correct to the best of my personal knowledge, information and belief. This Verification
and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom
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 18 Pa.C.S. § 4904.
? tol'-Y
Stacey Powell
CERTIFICATE OF SERVICE ft, AND NOW, this -! day of '2o01, Coleen M. Polek,
7 U
of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Timothy A. Shollenberger, Esq.
Shollenberger & Januzzi, LLP
225 Millennium Way
Enola, PA 17025
Coleen M. Polek
av
c°a
C>
['? ? ??
-_-. ,r.? ?y??
y...lr
1-1?
..._
?a
w ?
- _ ?..
- v?
T i
_ __
_ ? Iii
,Ir._
.&
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY MCKEE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT STACEY POWELL
AND NOW COMES THE PLAINTIFF, ASHLEY MCKEE, by and through
her attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New
Matter of DEFENDANT, STACEY POWELL, and, in support thereof, respectfully
represents the following:
21. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
22. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
23. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required, same is denied
pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, the Plaintiff respectfully requests that the Defendant's New
Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of
law.
Respectfully submitted,
BROLLNB?,U Zl, LLP
Attorneys f i
By:
I.cf.
E
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY MCKEE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this 25th day of April 2007, 1 hereby certify that a true and
correct copy of the foregoing Reply to New Matter has been served upon the
following, Attorney for Defendant, via U.S. Mail:
Brooks R. Foland
Thomas Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
SHOLLENBE
By:
A.
& N We
ber,
r,
, LLP
u
Y_ Fn
w
0
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas
attached thereto was mailed or delivered to each party at least twenty (20) days in
advance of this Certificate;
2. No objection to the subpoenas have been made; and
3. The subpoenas which will be served are identical to the subpoenas which
are attached to this Notice.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Date: ?'/np By: T-4 k
BROM9-R. FOLAND, ESQUIRE
305 N. Front Street, P.O. Box 999
Harrisburg, PA 17108
(717) 237-7141
Attorney for Defendant
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Douglas Moyer, C/O 911 Communications, One Courthouse Square, Carlisle, PA 17013
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the CAD report for a date of loss of April 25, 2006 on Georgetown Road,
involving Stacey Powell and Ashley McKee.
at: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburv. PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant
DATE:
Seal of tl e Court
BY THE COURT:
(/ 1 /111.4 -k ?- - '-d
Prot ionotary/-( rk, C' iI Division
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Yellow Breeches EMS, Inc., 233 Mill Street, Mt. Holly Springs, PA 17065
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the EMS report, accident report correspondence notes statements
documents etc regarding Ashley McKee for a date of loss of April 25, 2006.
at: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O._Box_999. Harrisburg. PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant BY THE ,?OURT:
DATE:
Seal of the Court Prothonot4ry?C e , Civ Division
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of May, 2007, I, Kate A. Wilhelm, a Paralegal in the
law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct
copy of the foregoing document by placing a copy of the same in the United States Mail,
first class, postage prepaid, to the following:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
225 Millennium Way
Enola, PA 17025
Kate A. Wilhelm, Paralegal
503541.1
{'? r'i ?
?<J ._"?
S'?.3 ?..? f
i t._'.
,
hJ ;r. _'.
P -:.?:
'
? `a
.
J
_ •-G
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
STACEY POWELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-1344
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 17th day of May, 2007, 1 hereby certify that a copy of the foregoing
Supplemental Interrogatory Propounded by Plaintiff to be Answered by Defendant has
been served upon the following, via U.S. Certified Restricted Delivery Mail:
Brooks R. Foland, Esquire
Thomas, Thomas, & Hafer LLP
P.O. Box 999
Harrisburg, PA 17108
B)
5
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENNIUM WAY ! ENOLA, PA 17025
(717) 728-3200 ! FAX(717)728-3400
SHOLLENBERGER & JANUZZI, LLP
t? - c>>
_._a 'i i
..-1
.Mr r..?
L;
?: '"i ?
? -? f
4..->
SHERIFF'S RETURN - OUT OF COUNTY
.w
'CASE NO: 2007-01344 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MCKEE ASHLEY E
VS
POWELL STACEY
R. Thomas Kline
sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
POWELL STACEY
but was unable to locate Her
deputized the sheriff of ADAMS
in his bailiwick. He therefore
serve the within COMPLT, INTERR, REQ PROD
County, Pennsylvania, to
On March 22nd , 2007 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs: So answer ?,--
Docketing 18.00
Out of County 9.00
Surcharge 10.00 Thomas Kline
Dep Adams County 28.00 Sheriff of Cumberland County
Postage 3.45
6 8. 4 5 ? 3#410?
03/22/2007
SHOLLENBERGER & JANUZZI
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ashley E. McKee
vs.
Stacey Powell No. 07-1344 civil
Now, March 14, 2007 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Adams County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, March 19 , 20 07 , at 4:55 o'clock P- M. served the
within Complaint in Civil Action
upon Stacey Powell
at 395 Peacb Glen Idaville Rd., Gardners, PA
by handing to Stacey Powell
a true & attested copy of the original Complaint
and made known to Stacey Powell the contents thereof.
Sworn and subscribed before
me this day of N/A , 20
So answers,
Z L-4 ?' I;t
7c
D ut e i-eff Jason Kirkner
AA W -
'ff of Adams County, PA
COSTS
SERVICE $ 1.00
MILEAGE 10.00
AFFIDAVIT
$ 28.00 &]. 3/21/07
?Anoo swvov
JAI83HS
10 :11 V 91 UVW Lol
a3AI303H
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
STACEY POWELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES
Attached, please find Plaintiffs Answers to Defendant's Interrogatories, in the
above-captioned action. Plaintiff, Ashley E. McKee, reserves the right to supplement
these Answers.
Respectfully submitted,
SHOLLENBERGEF31& *NU,7F_l,
By:
?ShditenbA
.D. # 34343
Date: June 20, 2007
State:
(a) Your full name;
(b) The address of your present residence and the address of each other
residence which you have had during the past five years;
(c) Date of birth;
(d) Social Security Number; and
(e) The schools you have attended and the degrees or certificates awarded, if
any.
ANSWER:
(a) Ashley E. McKee
(b) 1200 North Middleton Road
Carlisle, PA 17013-8766 (1 year to present)
424 South Baltimore Avenue
Mt. Holly Springs, PA 17065 (for 18 years)
(c) June 25, 1987
(d) 168-76-3679
(e) Carlisle High School, June 2005 Graduate
2. List and describe all expenses and losses that you have incurred because of the
incident.
ANSWER: See Medical Bills attached to Plaintiff's Answers to Defendant's Request for
Production of Documents as Exhibit G.
3. If you know of anyone that has given any statement (as defined by the Rules of
Civil Procedure) concerning this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was
made, and whether it was reduced to writing or otherwise
recorded;
(c) The identity of any person who has custody of any such
statement that was reduced to writing or otherwise recorded;
and
(d) Attach a copy of each such report, statement, memorandum or testimony to
your answers to these interrogatories.
ANSWER: See statements attached to Plaintiffs Answers to Defendant's Request for
Production of Documents as Exhibits B, C. and D.
4. If you know of the existence of any photographs, motion pictures, video recordings,
maps, diagrams, or models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each item;
and
(d) The subject that each item represents or portrays.
ANSWER: See photographs attached to Plaintiffs Answers to Defendant's Request for
Production of Documents as Exhibit A.
5. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any
investigations of the incident, identify:
(a) Each person, and the employer of each person, who
conducted any investigation (s); and
(b) All notes, reports, or other documents prepared during or as a
result of the investigation (s) and the persons who have
custody thereof.
ANSWER: See police report attached to Plaintiffs Answers to Defendant's Request for
Production of Documents as Exhibit E.
6. Identify each person you intend to call as a non-expert
case, and for each person identified, state your relationship
substance of the facts to which the witness is expected to testify.
ANSWER: To be determined.
witness at the trial of this
with the witness and the
7. Identify all exhibits that you intend to use at the trial of this matter and state whether
they will be used during the liability or damages portions of the trial.
ANSWER: To be determined.
8. If you intend to use any book, magazine, or other such writing at trial, state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the writing; and
(e) The identity of the custodian of the writing.
ANSWER: To be determined.
9. If you intend to use any admissions of a party at trial, identify such admissions.
ANSWER: To be determined.
10. With respect to the allegations in Plaintiff's Complaint (concerning the negligence of
the Defendant), please state:
(a) The name, address and telephone number of each witness who has or will
provide information or testimony to support these allegations;
(b) A summary of the information given by each witness;
(c) Whether you have a statement from said witness, whether handwritten,
typed, printed, recorded or in any other fashion, and its present location; and
(d) the location of each said witness at the time of the alleged incident; and
(e) Attach a copy of all such statements to your answers to these
interrogatories.
ANSWER: See statements attached to Plaintiffs Answers to Defendant's Request for
Production of Documents as Exhibits B, C. and D. See medical records attached to
Plaintiffs Request for Production of Documents. Plaintiff has not yet determined her trial
witnesses.
11. Identify all injuries or diseases that you allege you suffered as a result of the
incident.
ANSWER: See paragraph 10 of Plaintiffs Complaint.
See also, Medical Records attach
Requests for Production of Documents as E
the answer from the attached documents in
See Pa. R.C.P. 4006(b).
ad to Plaintiff's Answers to Defendant's
xhibit F. Defendant can derive or ascertain
substantially the same way as the Plaintiff.
12. Have you fully recovered from any of your injuries, and if so, state the
approximate date of recovery. If you have not recovered from any of your injuries, state
those injuries from which you have not recovered, and in what respects you have not
fully recovered.
ANSWER: Plaintiff has not yet fully recovered from her injuries and continues to
seek medical treatment. She has not recovered from the injury to her left arm. The
doctors are currently attempting to stretch her skin. Then they have to take out the tissue
expander and stretch the skin over the old wound where the skin graft is located. By way
of further answer, see Medical Records attached to Plaintiff's Answers to Defendant's
Requests for Production of Documents as Exhibit F. Defendant can derive or ascertain
the answer from the attached documents in substantially the same way as the Plaintiff.
See Pa. R.C.P. 4006(b). Defendant can derive or ascertain the answer from the
attached documents in substantially the same way as the Plaintiff. See Pa. R.C.P. 4006
(b).
13. Prior or Subsequent Injuries or Disease:
Either prior to or subsequent to the accident referred to in the Complaint, have you
ever suffered any injuries, diseases or illness involving any portion or function of the body
claimed by you to have been affected by the accident referred to in the Complaint? If so,
(a) Identify and describe the nature of the injuries, diseases or illnesses you
suffered and the dates and causes of same:
(b) If such an injury, disease or illness was caused by an accident or incident,
state the date, place and nature of the accident or incident:
(c) Identify all hospitals, doctors or practitioners who rendered treatment or
examinations because of any such injuries, diseases or illnesses, and the
date of said treatment or examination:
(d) Identify anyone against whom a claim was made, and the court term or
number of any claim or lawsuit that was filed in connection with any such
injuries; and
(e) Set forth the name, address and claim number of any insurance company to
which you submitted no-fault, health and/or accident, workmen's
compensation or third party claims on account of any such injury or illness.
ANSWER: No prior or subsequent injuries, diseases or illness.
14. If you have received medical treatment or examination (including x-rays) because
of injury or disease you suffered as a result of the incident, state:
(a) The identity of each hospital at which you were treated or examined;
(b) The date on which each such treatment or examination at a hospital was
rendered, and the charge by the hospital for each;
(c) The identity of each doctor or practitioner by whom you were treated or
examined;
(d) The date on which each such treatment or examination by a doctor or
practitioner was rendered, and the charge for each; and
(e) The identity of any document(s) (except reports of experts subject to
Pa.R.C.P. 4003.5) regarding any medical treatment or examination, setting
forth the author and date of such document(s).
ANSWER: See Medical Records attached to Plaintiff's Answers to Defendant's
Requests for Production of Documents as Exhibit F. Defendant can derive or ascertain
the answer from the attached documents in substantially the same way as the Plaintiff.
See Pa. R.C.P. 4006(b).
15. Has Plaintiff ever suffered from or received treatment for:
a. double vision
b. blurred vision
c. instability of balance
d. infection or disease
of inner ear
e. vertigo
f. dizzy spells
g. fainting spells
h. epilepsy
i. polio
j. apoplexy
k. paralysis
1. heart disease
M. high blood pressure
n. diabetes
o. brain or nervous disorder
p. muscular disorder
ANSWER: To her knowledge, Plaintiff has not suffered from or received treatment
for any of the conditions described in subparagraphs a through p.
16. If the answer to any of the items in the previous interrogatory is yes, for each
such disorder, please state:
(a) A description of the disorder;
(b) The date of Plaintiffs last attack prior to the accident;
(c) The name and address of each medical practitioner or chiropractor who
examined or treated Plaintiff for the disorder;
(d) A description of the treatment Plaintiff received; and
(e) Whether Plaintiff was under treatment at the time of the alleged accident.
ANSWER: Not applicable.
17. For the period of five years immediately preceding the date of the incident, state:
(a) the name and address of each of your employers, or if you were self-
employed during any portion of that period, each of your business addresses
and the name of the business while self-employed;
(b) The dates of commencement and termination of each of your periods of
employment or self-employment;
(c) The nature of your occupation in each employment or self-employment; and
(d) The wage, salary, or rate of earnings received by you in each employment
or self-employment, and the amount of income from employment and self-
employment for each year.
ANSWER:
(a) Carlisle Sentinel
West Pine Street
Carlisle, PA
(b) November 2005 to November 2006
(c) Newspaper carrier (considered independent contractor)
(d) paid by the paper based on mileage
(a) McDonald's
High Street
Carlisle and
Walnut Bottom
Carlisle
(b) July 2004 - June 2005
(c) crew person
(d) 40 hours a week at $6.00/hour
(a) Sheetz
Mt. Holly Springs
(b) 2000 and 2001
(c) Facilities person
(d) 4 hours a day $6.65 per hour
18. If, as a result of this incident, you have been unable to perform any of your
customary occupational duties or social or other activities in the same manner as prior to
the incident, state with particularity:
(a) The duties and/or activities you have been unable to perform;
(b) The periods of time you have been unable to perform; and
(c) The identity of all persons having knowledge thereof.
ANSWER:
(a) Unable to work at time of injury job. Hanging out with friends. Going to the
movies. Shopping. Going out to eat. Going out in public generally. Mowing the
grass. Swimming. Fishing. Snowmobiling. Cooking. Getting dressed. Picking
things up.
(b) Since the crash.
(c) Carol McKee, 77 Big Spring Terrace, Newville, PA
Ray Fahnestock, 424 South Baltimore Ave., Mount Holly, PA
Eric McKee, 424 South Baltimore Ave., Mount Holly, PA
Amy Anderson, 25 Park Street, Mount Holly, PA
Scott Anderson, 25 Park Street, Mount Holly, PA
William Roberts, 1868 Douglas Drive, Carlisle, PA
Elizabeth Morrison, 34 Big Spring Terrace, Newville, PA
Janice Anderson, Lavista, Nebraska
Peter and Connie Vanmeter, Yates Street, Gardners, PA
Donald Paxton, 299 Starner Station Road, Gardners, PA
19. If you were under any physical or mental disability at the time of the incident,
explain the disability.
ANSWER: Not applicable.
20. If you have made any claim, other than present one, in any court or other tribunal
(such as Bureau of Workmen's Compensation, Social Security Administration or any other
administrative agency) for any injuries you allegedly sustained as a result of the incident
which forms the subject matter of this action, identify such claim by court or tribunal and
term number.
ANSWER: Not applicable.
21. Please provide a complete itemization of all insurance benefits paid to you or on
your behalf as a result of the incident which forms the subject matter of this case (including
but not limited solely to medical expenses, rehabilitation expenses, lost wages and
replacement services), and indicate the name and address of the insurance carrier and
claim number for the carrier providing such benefits.
ANSWER:
The name and address of the insurance carrier paying first party benefits is Allstate
Insurance Company, Med Pay Central, P.O. Box 650536, Dallas, TX 75265-0536.
The claim number is 1555348042.
Defendant can ascertain the amount of benefits paid by the carrier to date by subpeoning
a first party payout sheet or is they prefer, Plaintiff will sign an Authorization permitting
Allstate to disclose this information to the Defendant. This amount can also be
ascertained by adding up all amounts paid on the medical bills attached to Plaintiffs
response to Defendant request for production of documents.
22. At the time of the incident, did you have any condition for which you wore
eyeglasses, or for which eyeglasses were prescribed? If so, state:
(a) a description of the condition;
(b) whether you were wearing eyeglasses at the time of the incident;
(c) the name and address of the person who prescribed the eyeglasses; and
(d) a description of your vision at the time of the accident referred to in the
Complaint, both corrected and uncorrected.
ANSWER:
(a) nearsighted;
(b) yes;
(c) Walmart, Carlisle Pike, Silver Spring Township, Mechanicsburg, PA
(d) unsure uncorrected; 20/20 corrected.
23. Have you ever been involved in any other legal action for personal injury, or
property damage, either as a Plaintiff or as a Defendant? If so, please state:
(a) the date and place each such action was filed, identifying the name of the
Court, docket number, and attorneys representing each party;
(b) a brief description of each such incident or lawsuit; and
(c). the result of each such action, whether or not there was an appeal, and
the nature and result of any such appeal.
ANSWER: No.
24. Please state whether the limited tort option applies to you and explain in
detail the basis for your answer.
ANSWER: See complaint, specifically averments 19 and 20.
SHOLLENBERGER & JANUZZI, LLP
By:
Date: June 20, 2007
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
STACEY POWELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 20th day of June, 2007, 1 hereby certify that a copy of the foregoing
Plaintiffs Answers to Defendant's Interrogatories has been served upon the following,
via U.S. Mail:
Brooks R. Foland, Esquire
Thomas, Thomas, & Hafer LLP
P.O. Box 999
Harrisburg, PA 17108
SHOLLENBERGER & JANUZZI. LLP
By:
GATIM CASE FILES- OPENWIcKee, AshleyfDiscovery\060607 plfs answers to Interr of def [ah].DOC
. & 0
Ashley E. McKee
VERIFICATION
, hereby acknowledge that I am a Plaintiff in this
action and that I have read the Answers to Interrogatories 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.
'x a'4-k? e-
Signature
Date: June 20, 2007
G 1GLOBA1-\WPDATA\DOCSUNITIAL CONSULT DOCS (SET-UPS)\Verificalion wpd
SHOLLEN(3ERGER $ JANUZZi, LLP
2225 Mi llenm Um Way. Enola. PA 170.5
(717) 7263200. FAX (717) 728 3200
? ?
G '?
a
?-?
`-
??»
?
?. -'? iii
?'
_
y., ? .
?
?? ,> sYc
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
NOTICE OF SERVING DISCOVERY
TO THE PROTHONOTARY:
Please take notice that Plaintiff, ASHLEY E. MCKEE, served Responses to
Defendant's Request for Production of Documents pursuant to the Pennsylvania Rules
of Civil Procedure, by mail, postage prepaid, on the 12th day of July, 2007.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
0.0tyy o enberger, Esq.
Attorney I.D. # 34343
Adam T. Wolfe, Esq.
Attorney I.D. #201057
Date: July 12, 2007
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
ottnrnPvs for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
STACEY POWELL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 12th day of July, 2007, 1 hereby certify that a copy of the foregoing
Plaintiffs Answers to Defendant's Request for Production of Documents has been
served upon the following, via U.S. Mail:
Brooks R. Foland, Esquire
Thomas, Thomas, & Hafer LLP
P.O. Box 999
Harrisburg, PA 17108
SHOLLENBERGER & JANUZZI, LLP
By:
Ti by A. S One r, Es q.
Attorney ID#34343
2
Shollenberger & Januzzi, LLP
2225 Millennium Way, Enola, PA 17025
Phone: 717-728-3200 Fax: 717-728-3400
CJ '7?
- -? t
tai
rim
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attomevs for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
STACEY POWELL,
Defendant
NO. 07-1344
CIVIL ACTION - LAW
JURY TRIAL
And now, this 18th day of September, 2007, 1 hereby certify that a copy of
the foregoing Supplemental Interrogatory Propounded by Plaintiff to be
Answered by Defendant has been served upon the following, via U.S. First Class
Mail:
Brooks R. Foland, Esquire
Thomas, Thomas, & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
SHOLLENBERGE
By:
5
, LLP
SMXLENSERGER & JANUZZI, LLP
2225 MILLENNIUM WAY ! ENOLA, PA 17025
(717) 728-3200 ! FAX (717) 72834W
r.?
?"'
?- -v
??
?-?-; ro
? ? ?,
??
N ,,,,?
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
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, Plaintiff certifies that:
(1) A Notice of Intent to serve the Subpoena with a copy of the
Subpoena attached thereto was mailed or delivered to each party at least twenty
(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.
Respectfully submitted,
SHOLLENBE
Date: ?f1 (A 2-JD
By:
& JANUZZI, LLP
r( hy A. Srfoltefiberger, Esq.
ttorney I.D. # 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 11th day of January, 2008, 1 hereby certify that a copy of the
foregoing Certificate Prerequisite has been served upon the following, via First-
Class Mail:
Brooks R. Foland, Esquire
Thomas Thomas & Hafer, LLP
305 N. Front Street
Harrisburg, PA 17101
SHOLLENBERGER & JANUZZI, LLP
By:
T . S Ien erger, Esq.
A o y
rney I D# 4343
2
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY MCKEE,
Plaintiff
V.
STACEY POWELL,
y. Defendant
w r NOTI(«EOFINTENT T1
k?{ F - P O-DUGE'D®C.U E:N S ?1
,?;a z ;;w _ ? U T
TO: Brooks R. Foland
Thomas Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
P!' # y'
e -4 ?S 93 - - _ _ t .
PLEASE TAKE NOTICE that Plaintiff intends to serve a subpoena identical to
the one attached to this notice. You have twenty (20) days from the date listed below in
which to file on record and serve upon the undersigned an objection to the subpoena. If
no objection is made, the subpoena may be served.
SHOLLENBERGER & JANUZZI, LLP
By:
Date: October 22, 2007
.,
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025 .
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY MCKEE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 07-1344 CIVIL TERM
STACEY POWELL, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
- 4t,
ISM 01110-99 E
And now, this 22nd day of October, 2007, 1 hereby certify that a copy of the
foregoing Notice of Intent to Serve Subpoena has been served upon the
following, via First-Class Mail:
Brooks R. Foland
Thomas Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
By:
SHOLLENBERGER & JANUZZI, LLP
2
A
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ASHLEY MCKEE, '
Plaintiff File No. 07-1344 Civil Term
1 '
V.
STACEY POWELL,
Defendant
SUBPOENA TO PRODUCE. DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Adams County Department of Emergency Services
(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 phone and radio records from the entire day of
Tuesday, April 25, 2006.
at Shollenberger 8 Januzzi, 2225 Millennium Wav. Enola _ PA 17075,.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Timothy A. Shollenberger
ADDRESS: ),),) c AA ;I I .......:..... IA:_..
TELEPHONE: 717-728-3200
SUPREME COURT ID #-3434-1
ATTORNEY FOR: P in i n to ff
BY THE COURT:
Prothonotary, Civil Division
'Seal of the Court Deputy
na ?
I ?-
-'tifr't
?1T1
cz {
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas
attached thereto was mailed or delivered to each party at least twenty (2.0) days in
advance of this Certificate;
2. No objection to the subpoenas have been made; and
3. The subpoenas which will be served are identical to the subpoenas which
are attached to this Notice.
Respectfully submitted,
i
WRookK8 MAS 8? AFER, LLP
Date: By: ?" "V
LAND, ESQUIRE
305 N. Front Street, P.O. Box 999
Harrisburg, PA 17108
(717) 237-7141
Attorney for Defendant
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR TMNGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Allstate Insurance Company,-6345 Flank Drive, Suite 1000, Harrisburg, PA 17112; Claimant:
Ashley McKee; DOL: 04/24/06
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete conies of the entire first party and property damage claim files to include benefits Davout sheets
for wage loss or medical benefits paid, application for benefits form, wage and salary verification,
investigative materials, independent medical examination roorts, medical bills, medical records,
disability notes, correspondence photo Uhs, property damage estimates, recorded statements, and any
other documents contained in the first party and prope damage claim files,
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108-0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant BY THE COURT:
DATE:_ 0//-`0,4200's &I ?jl 'j dji P. "
Seal o the Court Prothonotary/Cler , Civil Division
?Le,=L ?
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Aspers Fire Company
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of the entire personnel files for Edward Senkbiel pertaining to his employment at your
facility in the fire and EMS departments, correspondence, memoranda, e-mail communications, reports,
performance reviews, corrective action documentation, and any other documents contained in your
personnel files.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbura. PA 17108-0999.
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 parry 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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant BY THE COURT:
DATE:_ OI Loa- /,460,R 011 6. -P.
Seal o the Court Prothonotary/C rk, Civil Division
?L? A 0 V-
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Mt. Holly Springs Borough - Mt. Holly Fire Company, 11 Mill Street, Mt. Holly
Springs, PA 17065
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the EMS report. accident report, correspondence, notes, statements,
photographs, documents, etc. regarding Ashley McKee for a date of loss of April 25. 2006.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant
DATE: //09-41-008 -
Seal of the Court
BY THE COURT:
1Ctt k.
othonotary/Clerk, Ci Division
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
vs.
STACEY POWELL,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Biglerville EMS, I 1 I South Main Street, Biglerville, PA 17307
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the EMS report, accident report, correspondence, notes, statements,
photographs, documents, etc. regarding Ashley McKee for a date of loss of April 25, 2006.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbura. PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant
17108-0999
BY THE COURT:
DATE: l W o26og
Sea of he Court
rothonotary/Clerk, GbIvil Division
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
STACEY POWELL,
Defendant
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Carlisle Regional Medical Center, Medic 83, 246 Parker Street, Carlisle, PA 17013-3618
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the EMS report, accident report, correspondence, notes, statements,
photographs, documents, etc. regarding Ashley McKee for a date of loss of April 25. 2006.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant
DATE: 01L4 goo
Seal o the Court
BY THE COURT:
5 ?.
ro honotary/Clerk, Civi ivision
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
vs.
CIVIL ACTION - LAW
STACEY POWELL,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Penn State Life Lion, 228 Petersburg Road, Hanger 15, Carlisle, PA 17013
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the flight report, accident report, correspondence, notes, statements,
photographs, documents, etc. regarding Ashley McKee for a date of loss of April 25. 2006.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbure. PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant
17108-0999
BY THE COURT:
DATE: i/oa1aDnA
Seal f thie Court
thonotary/Clerk, Ci Division
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Plaintiff
vs.
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
STACEY POWELL,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Adams County Ambulance Association, R.D. #2, Littlestown, PA 17340
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the EMS report, accident report, correspondence, notes, statements
photographs, documents, etc. regarding Ashley McKee for a date of loss of April 25, 2006.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburiz, PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant
DATE110'q-1100.0
Seal oft e Court
BY THE COURT:
5 OP
othonotary/Clerk, Civ Division
Lja[ K.
Deputy
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
ASHLEY E. MCKEE,
Attorneys for Stacey Powell
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 07-1344 CIVIL TERM
CIVIL ACTION - LAW
STACEY POWELL,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dickinson Township Fire Department, 219 Mountainview Road, Mt. Holly Springs, PA
17065
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of the EMS report, accident report, correspondence, notes. statements,
photographs, documents, etc. regarding Ashley McKee for a date of loss of April 25, 2006,
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108-
0999.
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: Brooks R. Foland, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7626
SUPREME COURT ID#: 70102
ATTORNEY FOR: Defendant BY THE COURT:
DATE: / LoaL 1.761)k
Seal f th Court
1610
r thonotary/Clerk, Civ Division
r- - " I . J?A
Deputy
CERTIFICATE OF SERVICE
D NOW this ? daY of January, 2008, I, Kate A. Wilhelm, a Paralegal in
AN „
the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct
copy of the foregoing document by placing a copy of the same in the United States Mail,
first class, postage prepaid, to the following:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
225 Millennium Way
Enola, PA 17025
Kate A. Wilhelm, Paralegal
503541.2
n.3
fQ
r, a
'iJ
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 2' day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Bob Myers has been served upon the
following via U.S. Mail, postage prepaid, addressed to:
Bob Myers
69 Pine Hill Road
Enola, PA 17025
SHOLLENB,ERGER & JANUZZI, LLP
, Esq.
ey I.D. #34343
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
s•
co
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 2 may of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Robert Orner has been served upon
the following via U.S. Mail, postage prepaid, addressed to:
Robert Orner
7 North Baltimore Ave.
Mt. Holly Springs, PA 17065
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
SHOLLENBERGER & JANUZZI, LLP
r-3
C::}
co
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 2r day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Drew Zentmeyer has been served
upon the following via U.S. Mail, postage prepaid, addressed to:
Drew Zentmeyer
25 Chestnut Street
Mt. Holly Springs, PA 17065
SHOLLENBE
By:
(i A" S
rney I
ER & JANUZZI, LLP
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
C7 °
_ CD c>
ca
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this)'d day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Sean McConnell has been served
upon the following via U.S. Mail, postage prepaid, addressed to:
Sean McConnell
554 Mountain Road
Boiling Springs, PA 17007
SHOLLE
& JANUZZI, LLP
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
cm
CO
'?j>!•`
-C, OD
ry
r - ?
co
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this Z?4-day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Daniel Paxton has been served upon
the following via U.S. Mail, postage prepaid, addressed to:
Daniel Paxton
29 Victory Church Road
Gardners, PA 17324
SHOLLENB GER & JANUZZI, LLP
By
m th oll nberger, Esq.
Attorney I.D. #34343
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
r Ij
ca
i j
fvJ
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
I JURY TRIAL
CERTIFICA E OF SERVICE
And now, this 2r dday of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Walter Wagamen has been served
upon the following via U.S. Mail, postage prepaid, addressed to:
Walter Wagamen
1507 Centermills Road
Aspers, PA 17304
By:
SHOLLENBERG?R & JANUZZI, LLP
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
ro
S co
co t
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 2.E4day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Derek Bream has been served upon
the following via U.S. Mail, postage prepaid, addressed to:
Derek Bream
7 South Walnut Street
Mt. Holly Springs, PA 17065
SHOLLEN
By:
ey I.D
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
CP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
V.
STACEY POWELL,
Defendant
CERTIFICATE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
And now, this Z- day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Dan and Dee Keck has been served
upon the following via U.S. Mail, postage prepaid, addressed to:
Dan and Dee Keck
PO Box 424
Bendersville, PA 17306
SHOLLENBERGER & JANUZZI, LLP
By:
D. #34343
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
G m
4
zf
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ASHLEY E. MCKEE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
STACEY POWELL,
Defendant
NO. 07-1344 Civil Term
CIVIL ACTION - LAW
JURY TRIAL
CERTIFICATE OF SERVICE
And now, this 2- day of April, 2008, 1 hereby certify that a true and
correct copy of the Notice of Deposition of Barry Nelson has been served upon
the following via U.S. Mail, postage prepaid, addressed to:
Barry Nelson
34 East Street
Mt. Holly Springs, PA 17065
SHOLLENBERG & NU I, LLP
By.
Timothy 'A. Shollenberger, sq.
Attorney I.D. #34343
Shollenberger & Januzzi, LLP
2225 Millennium Way Enola, PA 17025
717-728-3200
3
C7
z
P
X-
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-4300
Attornevs for Plaintiff
ASHLEY E. MCKEE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1344 Civil Term
STACEY POWELL, CIVIL ACTION - LAW
Defendant
JURY TRIAL
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned action settled, ended, and discontinued
with prejudice.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneys for the Plaintiff
By
Date: July 8, 2008
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-4300
Attornevs for Plaintiff
ASHLEY E. MCKEE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1344 Civil Term
STACEY POWELL, CIVIL ACTION - LAW
Defendant
JURY TRIAL
CERTIFICATE OF SERVICE
AND NOW this 8th day of July 2008, 1 hereby certify that I have served the
following Praecipe to Discontinue on the following by forwarding a true and
correct copy of same in the United States mail, postage prepaid, addressed to:
Thomas Thomas & Hafer, LLP
Brooks R. Foland
305 N. Front Street
Harrisburg, PA 17101
SHOLLENBERGER & JANUZZI, LLP
By: Agy?l
Ti o ber , E wire
_
? ?
,;? ?
..
x?
t "' ---?
r iZ ?._
r"'
_
1.µ.
{?.
'- ??t