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HomeMy WebLinkAbout03-4428MARSHA SHETRON and JAMES SHETRON, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. MARY J. KING, Defendant No.: ~3'- ~~020 C.~vi CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above-named defendant at the following address: Thank you. Mary J. King Cumberland County 1070 Creek Road Carlisle, Pennsylvania 17013 (717) 249-4557 i Leslie M. Fields, Esgmre I. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P. O. Box 222 Lemoyne, PA 17043 Phone: (717)761-2121 Attorney for Plaintiff Date: September 8, 2003 MARSHA SHETRON and : IN THE COURT OF COMMON PLEAS JAMES SHETRON, her husband, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ~. No.: ~~- y yag G~~ I MARY J. KING, ' ~~ ~2k (,~, :CIVIL ACTION -LAW I iS IQ , PA 1'1013Defendant :JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dated: ~ f~P~, ~. a(X.E3 ~~u~ ~~~ Curt ~~ o~~ng, Prothon tary ''/L'//y~/~7~/G~/[~, by Seal of the Court ~. off. J N ~ O ~~ ~I iC `~ VJ ~ ~- ~,~`. ;. ~' r,; ~i) ~ !- 1 i] -_ -ti SHERIFF'S RETURN - REGULAR CASE NO: 2003-04428 P COMMONWEALTH OF P;~NNSYLVANIA: COUNTY OF CUMBERL~9IVD SHETRON MARSHA ET AL VS KING MARY J HAROLD J. WEARY Sheriff or Deputy Sheriff of Cumberland County,. Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KING MARY J the DEFENDANT at 0019:59 HOURS, on the 12th day of September, 2003 at 1070 CREEK ROAD CARLISLE, PA 17013 by handing to LYLE KING (HUSBAND) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribe=_d to before me this ~Cl~ ~~yy day of ~Y~~ oCQUzJ A.D. ~ ro~ a ~y ~~~ . So Answers: r _~o:s~C~.rcP R. Thomas Kline 09/15/2003 COSTOPOULOS, FOSTER, FIELDS By: 7 ~~ `~ Dep y Sher f MARSHA SHETRON, IN THE COLfRT OF COMMON PLEAS Plaintiff CUMBERLANL) COUNTY, PENNSYLVANIA No. 2003-9:428 v. CIVIL ACT]:ON - LAW MARY J. KING, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following page:a, 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 defen:aes 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAtifYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIO]V 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania :L7013 Phone: (717) 249-3166 MARSHA SHETRON, IN THE COLJRT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-~k428 v. . CIVIL ACTION - LAW MARY J. KING, Defendant JURY TRIAL DEMANDED PLAINTIFf'S COMPLAIN'.C AND NOW comes the Plaintiff, Marsha Shetron, by and through her attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this Complaint: The Parties 1. Plaintiff, Marsha Shetron is an adult individual residing at 1 West Penn Street, No. 121, Carlis:e, Cumberland County, Pennsylvania 17013. 2. Defendant, Mary J. King, is an adult individual residing at 1070 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. Background Allegatiorrs 3. The events giving rise to this cau:ae of action occurred at approximately 7:50 p.m. on or about September 19, 2001 on Route 641 at its intersection with Route 4025 in West Pennsboro Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Defendant, Mary J. King, was operating her vehicle and travelling eastbound on Route 641 1 when she attempted to make a lefthand turn onto Route 4025 directly in the path of Plaintiff, Marsha Shetron, who was operating her vehicle and travelling westbound on Route 641, thereby causing the collision and injuries giving rise to this cause of action. Count I: Plaintiff Marsha Shetron v. Defendant Nealiaence 5. The allegations set forth in paragraphs 1 through 4 above are incorporated herein by reference. 6. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Mary J. King, in that she: a) violated Section 3322 of the Vehicle Code on "Vehicle turning left" and thus is negligent per se, 75 Pa.C.S. ~ 3322; b) did not yield the right-of-way to the vehicle of Plaintiff, Marsha Shetron, approaching from the opposite direction which wa:a so close as to constitute a hazard when L>efendant was attempting to turn left within the intersection; c) attempted to make a left turn while interfering with other traffic, including Plaintiff's vehicle; d) failed to yield the right-of-way to all vehicles, including Plaintiff's vehicle, while attempting to make a left turn; e) failed to notice that another vehicle was approaching from the opposite direction before attempting to make a left turn; f) attempted to make a left turn without sufficient lookout or margin fox- safety; 2 g) failed to maintain her vehicle under proper and lawful control; H) failed to stop before causing an accident; i) failed to keep a proper lookout; j) failed to see what she should have seen; k) failed to notice the imminence oi= an accident and to take the necessary steps to avoid the same; and 1) acted without regard for the safety and rights of Plaintiff. 7. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Mary J. King, the Plaintiff, Marsha Shetron, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) severe exacerbation of the junctional degenerative disc disease; b) a severe thoracic and lumbar strain; c) left leg pain and weakness; d) narcotic dependency for pain; e) severe headaches; and f) severe neck pain. 8. As a further direct and proximate result of the negligent, careless and/or reckless acts o:E the Defendant, Mary J. King, the Plaintiff, Marsha Shetron, has been obligated to receive and undergo medical attention, care and e~:penses for the injuries 3 she has suffered and will be obligated to continue to incur such expenses for an indefinite time in the future. 9. As a further direct and pro~:imate result of the negligent, careless and/or reckless acts of the Defendant, Mary J. King, the Plaintiff, Marsha Shetron, h,as suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and dutiE=_s which constitute her usual and customary daily activities, and in the future will continue to so suffer. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Mary J. King, the Plaintiff, Marsha Shetron, has experienced severe pain and suffering, mental anguish and humiliation, and in the future will continue to so experience. 11. As a further direct and proximate result of the negligent, careless and/or reckless acts of° the Defendant, Mary J. King, the Plaintiff, Marsha Shetron, has suffered a loss of life's pleasures and in the future will continue to suffer a loss of life's pleasures. 4 WHEREFORE, Plaintiff, Marsha Shetron, demands judgment against Defendant, Mary J. King, in an amount in e~:cess of the compulsory arbitration limits plus costs and interest as provided by law. RESPECTFULLY SUBMITTED: Leslie M. Fields, Esquire I.D. No. 294:L1 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: (717;1 761-2121 ATTORNEY FOR PLAINTIFFS DATED: 5 VERIFICATION I, Marsha Shetron, do hereby verify that the statements made in the foregoing document are true and corx-ect to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. __~~y ~n.,C~_ Marsha Shetron DATED 7 CERTIFICATE OF 3ERVIC]E I, Leslie M. Fields, Esquire, hereby certify that on this 2°d day of June 2004, a true and correct copy of the foregoing Plaintiff's Complaint was served upon all parties of record by: Hand Delivery X First Class Mail, Postage :Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es): Mary J. King 1070 Creek Road Carlisle, PA 1701.3 Lori Renaldi-Wagar Erie Insurance Group 4901 Louise DrivE: Rossmoyne Business Center Mechanicsburg, PA 17055-0710 COSTOPOULOS„ FOSTER & FIELDS i ' ~~ Lesl e M. Fields, Esquire ~_ N ~--~ ( ° cn _ r ^ T 1 _ `n _ f_ T T _._ , m-= ~ tin ~ r .p 17 r>~= . y _, ~ ~~ ?i -. .~- ;'i .. " ~ '_ 1 n~ :.1 1J~ Johnson, Duffie, Stewart & By: John R. Ninosky, Esquire I.D. No. 78000 3( P Weidner 1 Mazket Street O. Box 109 ;moyne, Pennsylvania 17043-0109 '17)761-4540 MARSHA SHETRON and JAMES SHETRON, ier husband, plaintiffs v. MARY J. KING, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBEF2LAND COUNTY, PENNSYLVANIA NO.03-4428 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRA_ TO THE PROTHONOTARY: J. King, in the PLEASE enter the appearance of the undersigned on behzilf of the Defendant, Mary above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo n R. inosky, Esquire Attorney I.D. No. 78000 301 Market StreE:t p.O. Box 109 Lemoyne, PA 1'7043-0109 Telephone (717;1761-4540 Email: jrn@jdsvv.com Attorneys for Defendant Date: ~/((f~®y CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly sensed upon the following, by depositing he same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ~/O~D4 Leslie F. Fields, Esquire Costopoulos, Foster & Fields P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, S~TEWART & WEIDNER gy Yt Jo R. Ninosky, Esquire I.D. #: 78000 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant :230412.1 227666-1 ~° N Q C'1 [,.' ~i 1. .~ L _ v R7~ 41i; ~ ~~ r ~ T, -c r ~jrrT o `'.o' -.~ -< Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARSHA SHETRON and JAMES SHETRON, her husband, Plaintiffs v. MARY J. KING, Defendant Attorneys for Defendant IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL f\CTION -LAW JURY'fRIAL DEMANDED NEW MATTER NOTICE TO: The Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. JOHNSON, DUFFIE, :iTEWART & WEIDNER By Jo R. Ninosky, Esquire I.D. #: 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 234-4161 e-mail: jrn@jdsw.com Attorneys for Defendant DATE: ~ ///_ /0 Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 MARSHA SHETRON and JAMES SHETRON, her husband, Plaintiffs v. MARY J. KING, Defendant Attorneys for Defendant IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 03-4428 CIVIL ACTION -LAW JURY'fRIAL DEMANDED DEFENDANT'S ANSWER WITH NEON MATTER TO PLAINTIFFS' COMPLAIINT AND NOW, comes the Defendant, Mary J. King, by and through her counsel, Johnson, Duffle, Stewart & Weidner, and John R. Ninosky, Esquire, who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, the Defendant is without sufficient information to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. COUNT( Plaintiff, Marsha Shetron v Defendant Nealioence 5. Defendant incorporates herein by reference her answers to Paragraphs 1 though 4 above as though fully set forth herein at length. 6. Denied. The allegations contained in Paragraph 6, including subparagraphs (a) through (I), are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 7. Denied. The allegations contained in Paragraph 7, including subparagraphs (a) through (f), are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 8. Denied. The allegations contained in Paragraph 8 are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 9. Denied. The allegations contained in Paragraph 8 are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 10. Denied. The allegations contained in Paragraph 8 are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, the Defendant respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and thatjudgment be entered in her favor. NEW_ MATTER 11. That the Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 12. That any damages that the Plaintiff may be entitled tc recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seg. 13. That Plaintiffs have failed to stated a cause of action for which relief may be granted. 14. Plaintiffs claim may be barred and/or limited by the (Limited Tort Option pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A.. §1705, et seg. 15. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages allegedly sustained by the Plaintiffs. 16. That any negligence on the part of the Defendant, which negligence is expressly denied, was iot a substantial factor, in causing the alleged injury sustained by the Plaintiff. 17. That Plaintiffs' cause of action may be barred by the applicable Statute of Limitations. 18. That if the Plaintiff suffered the injuries alleged in the Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. WHEREFORE, the Defendant respectfully requests that Plaintiffs' Complaint be dismissed, and that judgment be entered in favor of Defendant. Respectfully submitted, JOHNSCIN, DUFFIE, STEWART & WEIDNER)\\\\ By:~` ~ L/ ~J'ohn R. Ninosky Attorney LD. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 /~~ /~ Attorneys for Defendant DATE: ( `/ :228712 VERIFICATION I, Mary J. King, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Mary J. Kin ~ DATE: _ /~ //5' ~j` Da tI :230440.1 / , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Leslie F. Fields, Esquire Costopoulos, Foster & Fields P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By John . Ninos y, Esquire I.D. :78000 P.O. Box 109 Lemoyne, PA 1704ft Attorneys for Defendant :230412.1 227666-1 ~ ~ o t~ ° -n . ,` ~, c... ~! t__ T ~_ '~ ': %l ~ ern :1 C~ z _- J ,. r") 'T) :~_ ~ x_ = ~ .L' f ~ .. ~ (/~ .. ~~ _! ~ Costopoulos, Foster & Fields gy: Leslie M. Fields Attorneys for Plaintiff I.D. No. 29411 Marsha Shetron 831 Market Street Lemoyne, PA 17043-0222 (717) 761-2121 MARSHA SHETRON IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff .: No.:03-4428 v. MARY J. KING, ~; CIVIL ACTION -LAW Defendant :JURY TRIAL DE1v1ANDED PLAINTIFF'S REPLY TO NEW MATTIeR OF DEFENDANT MARY I. KING AND NOW, comes the Plaintiff, Marsha Shetron, by and through her counsel, Leslie M. Field, Esquire of Costopoulos, Foster & Fields and files this Reply to New Matter of Defendant Mary J. King by respectfully stating the following:: 11. Through 18. Denied. /~ c ,' . Lesl~ M. Fields, Esgwre COSTOP~OULOS, FOSTER & FIELDS 831 Market Street Lemoyne, PA 17043 (717) 76'I-2121 Attorney for Plaintiff Dated: July 8, 2004 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, here=by certify that on this 8th day of J- u_ lv 2004' a true and correct copy of the foregoing Plaintiff's Reply To New Matter of Defendant Mary J. King was served upon all parties of record by: Hand Delivery First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es): John R. Ninosky, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 19 Lemoyne, PA 17043-0109 J. King -Counsel for Defendant Mary COSTOPOULOS, FOSTER & FIELDS / -(~ Leslie M. Field:;, Esqui ('1 N i.-- °~ O ` r 17 ry~~ ~ ':rt'~ L mo -1 l _ I - r ~ ~~ ~ ~ 7 1 O ~ ~ _'C' ~;= -~ ~ _ :7,.~ _ _ N ,`l ri t, _, ~ .. L~ -17 G Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-442f1 v. CIVIL ACTION -LAW MARY J. KING, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:12 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (5) The subpoenas to be served are identical to the :subpoenas attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: vim. ' J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 1 i'043-0109 Telephone (717) 7614540 Attorneys for De1`endant Date: 9'x'{'0 Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Mazket Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys fir Defendant MARSHA SHETRON, Plaintiff v. MARY J. KING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Marsha Shetron and Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 PLEASE TAKE NOTICE that Defendant intends to serve seven (7) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFIE, Sl'EWART & WEIDNER By: ~ ' J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17'043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: g/a~f/Q~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION -LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Capital Area Pain Management Consultants (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ~xdered by the court to produce the following documents or things: anv and all medical records_corresoondence reports and diagnostic at Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109. Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party maM;ing 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: John R Ninoskv Esguire . ADDRESS: 301 Market Street Lemovne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: .~ ProthonotarylCVerk, Civil Divisio ~~ Deputy DATE: y Seal o the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION -LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Spirit Hospital (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: anv and all medical records correspondence reports and diagnostic at Johnson Duffle Stewart & Weidner 301 Market Street P.O. Box 109. Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party maM:ing 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: John R Ninoskv Esquire . ADDRESS: 301 Market Street Lemovne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY//THE COURT: __l ' Prothonotary/Clerk, Civil Division Deputy DATE: ~7 Seal of t e Cou (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF_CUMBERLAND MARSHASHETRON, IN 7HE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION - LANI Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TIHINGS FOR DISCOVERY PURSUANT TO RULE 400!8.22 TO: Malik Momin M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic at Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109. 'Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making-this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Pro onotarylClerk, Civil Division ~~~~~~eputy DATE: 7 Seal oft a Co rt (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION - LAVV Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TIDINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Daniel P Helv M D (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records^corresocndence reports and diaonostic at Johnson Duffle Stewart & Weidner 301 Market Street, P.O. Box 109. !Lemoyne PA 17043. You. may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R Ninoskv Esquire . ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4 540 SUPREME COURT ID #: 760D0 BY THE COUR'i: Protho-~erk, Civil Di ion ~` - ~ Deputy DATE: ~~ IT Gy Seal oft Cou (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION - LANI Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TIHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harold G Kretzina M D (Name of Person or Entrty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ~ and all medical records_corresocndence reports and diaonostic at Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109. Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable post 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: John R Ninoskv Esquire . ADDRESS: 301 Market Street Lemovne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BYTHE COUR'i: Protho-~erk, Civil Division Deputy DATE: Seal oft a Cou (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COLINTY, PENNSYLVANIA NO. 03-4426 CIVIL TERM vs. MARY J. KING, CIVIL ACTION - LAVV Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records^correspondence reports and diagnostic at Johnson Duffle Stewart & Weidner 301 Market Street P.O. Box 109. Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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: John R Ninoskv Esquire . ADDRESS: 301 Market Street Lemovne PA 17043 TELEPHONE: 717-761-4 540 SUPREME COURT ID #: 78000 BY THE COURT: __Sddlldd ProthonotarylClerk, Civil Division Deputy DATE: Seal oft Court (Eff.7(97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION - LAV'J Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Hos ital (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: ~^~I and^aIl medical records correspondence reports and diagnostic _. I r_AOO. Il(1G OIQ IAAI at Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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: John R Ninoskv Esquire . ADDRESS: 301 Market Street Lemovne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Proth~aerk, Civil Di ision C~~~ Deputy DATE: ,~.~Y~~ Seal of t e Court (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States msail, postage prepaid, at Harrisburg, Pennsylvania, on the a~~ day of S~_, 2004. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, E~TEWART & WEIDNER By: t%~ ' Joh R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA '17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~h day of .~ , 2004•. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER Jo R. Ninoslcy, Esquire Attorney I.D. Nlo. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant f ) rJ _ c. ~ ~~) ~ -rt ~ i~ -rv { -Z _,_1 i~7T ;'~~ T'C7 c.F: 7 _... CJ \'~ ~ I I ~1 u~ A7 ~ Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. BOX 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant MARSHA SHETRON, Plaintiff v. MARY J. KING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL ACTIION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 40051.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, witlh copies of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) There is no objection to the subpoena and the fi~renty (20) day rule has been waived, therefore there is no delay in serving the subpoena; (4) A copy of correspondence to Plaintiff s attorineys, confirming that there are no objections to the subpoena and the twenty (20) day notice has been waived, is attached to this Certificate; and (5) The subpoena to be served is identical to the :subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ~~ ~ . By: Jo n R. NinosM;y, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: ~ ~~ 3~ D~ JERKY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, ]R. EDMUND G. MYERS DAV[D 1h'. DELUGE JEFFERSON J. SH[PMAN RALPH H. 1~~RIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY ;MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBF,RT M. WALKER WADE D. MANLEY j ~soN OF COUNSEL HORACE A. JOHNSON R LEE SHIPMAN BRUCE J. GROSSMAN 'admitted in NY only 1';-4.1~~t1, sml`y~.~dyi~-.r,~~iu December 3, 2004 Leslie M. Fields, Esquire Costopoulos, Foster & Fields P.O. Box 222 Lemoyne, PA 17043 Re: Shertron v. King No.: 03-4428 Dear Ms. Fields: This letter confirms my telephone conversation of today with Jaime in which she informed me that you have no objections to our subpoena to Mechanicsburg Family Practice for their records relative to Marsha Shetron. I would also like to confirm that you have waived the twenty day (20) waiting period for service of this subpoena. Enclosed is the Certificate Prerequisite to Service of a Subpoena relative to Mechanicsburg Family Practice's records which we intend on filing with the court. Thank you for your cooperation in this matter. Very truly yours, JOHNSON, DUFFLE, STE~W,,A~-~RT,,~~& WEIDNER Susan M. Ladeda Paralegal to John R. Ninosky Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Stxeet P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant MARSHA SHETRON, Plaintiff v. MARY J. KING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL ACTION -LAW JURY TRIAL_ DEMANDED NOTICE OF INTENT TO SERVE SUBIPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.21 To: Marsha Shetron and Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one 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. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: (2• ,u Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: ~~ f ~~~ p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT" OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION -LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4C109.22 T0: Mechanicsburg Family Practice (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: anv and all medical records, correspondence, reports and diagnostic test results pertaining to Marsha Shetron (Fritzl (SS#: 192-34-6483; DOB: 9/8/44 . at Johnson. Duffle, Stewart & Weidner. 301 Market Street, P.O. Box 109, Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninoskv, Esquire . ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: Prothonotary/Clerk, Civil ivision ~' Deputy DATE: ~UU y Seal of the Cou (Eff. 7/97) CERTIFICATE OF SERVICE: I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of /Vo /~ yyeJj t.r , 2004. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER ~' By: Jo R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Df:fendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States email, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of ~Q~en-~-e,r , 20CI4. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER s Jo n R. Ninoslcy, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant r-~ .. , - ~ r`a -n - ::. . ~ ~ i ~ ~-; a "~ .: ~;~ i w ~1 -_~ Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 v. CIVIL ACTION -LAW MARY J. KING, Defendant JURY TRIAL DEMANDED 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 hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was 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 to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~.~i ~ 4V.1.'ufdtEi John R. Ninosky, Esquire °' Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: a'a arOS' Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com MARSHA SHETRON, Plaintiff v. MARY J. KING, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Marsha Shetron and Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one 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. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: L%~a's~l ~ /R/~updu/ J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: 113 )~pS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARSHASHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION -LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vallev Medical Group (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: anv and all medical records correspondence reports and diagnostic at Johnson Duffie Stewart & Weidner 301 Market Street P O Box 109 Lemovne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: John R. Ninoskv. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 78000 BY THE COURT: n -~ ^ ` /%/ / Proothonotary/Clerk, Civil Di 'ion Deputy DATE: Seal of the Cou (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 3)3~" day of `'fv,y~uo~f11 , 2005. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER By: L~~dfy( ~ ,~/~.ued~ Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the `da "0~ day of Y , 2005. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER By: Lf%~'.~ ~ ~'V.~4C6t~'H Jo R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Mazket Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com MARSHA SHETRON, Plaintiff v. MARY J. KING, Defendant Attorneys for Defendant IN THE COUf2T OF COMMON PLEAS OF CUMBERLANID COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL ACTIONI -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2'e! As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was 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 to be served is identical to thie subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ ~l/,tued~r Jo R. Ninos;ky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7'17) 761-4540 Attorneys for Defendant Date: 1' ~glpS Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Mazket Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4128 v. CIVIL ACTION -LAW MARY J. KING, Defendant JURY TRL4L DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Marsha Shetron and Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one 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. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By:i~~ Jo n R. Ninosky, Esquire ~ Attorney LD. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7'17) 761-4540 Attorneys for Defendant Date: (~I,~~OS~ COMMONWEALTH OF PENNSYLVP~NIA COUNTY OF CUMBERLAND MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL TERM vs. MARY J. KING, CIVIL ACTION -- LAW Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (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: 1. Anv and all medical recd correspondence. reports and at Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address fisted 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: John R. Ninoskv. Esouire . ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COIJRT: ~~_ Prothonotary/Clerk, Civil Division Deputy DATE: ~LG.,~Of- I'7. aoc~S Seal of the Court (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the o~nd day of SN`tQ._ , 2005. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER Br--- ~~ ~ ~'V~.ue4~ Joh R. Nino:;ky, Esquire ~ Attorney I.D. IVo. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 13fih day of ~ru ~j/ , 2005. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER By: 4'_ rytsced~ Jo n R. Ninosky, Esq- uire ~ Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7'17) 761-4540 Attorneys for Defendant ~ -~ PJ f_? ['~ ~'x~ -n C._ ~ ` ' n~~ -- 3 i~ C F' < I. _y~_~ -' -„ r =->; :' " ~ C: J C _y i'tl .. --`t -a: PRAECIPE FOR LISTING CASE FOR TRIAL (Mast be typewritten and submitted in. duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Ploase list the following case: ® for JURY trial at the next term of civil court. ^ for trial without a jury. CAPTION OF CASE (entire eaptioe must be stated in,full) Marsha Shetron, vs. Mary J. King, vs. (Plaintiff) (Defendant) (check one) ® Civil Action -Law ^ Appeal from arbitration (other) The trial list will be called on 8/22/06 and Trials commence on , 9/18/06 Pretrials wlll be held on 8/30/06 (Briefs art due S days before pretrials No. 2003-4428 'vii Tam Indicate the attorney who will try case for the party who files this praecipe: Jc~ R N,~, F^.cnrirp, ~3 Marl~t, Street,~yne, PA 17043 Indicate trial counsel far other parties if known: David Foster, P.O. Box 222. L~ovne. PA 17043 This case is ready for trial. Signed: Print Name: John R. Ninoskv ~-- Date: 7/25/06 Attorney for: Defendant • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 25, 2006: David Foster, Esquire Costopoulos, Foster & Fields P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Joh R. Nin sky, Esquire I.D. #: 78000 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 227666-1 ..- ~~_ --r --, .. ;. MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MARY J. KING, . Defendant 03-4428 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 22nd day of August, 2006, upon consideration of the call of the civil trial list, and neither counsel having called this case for trial, it is stricken from the trial list, and counsel are directed to relist the matter for trial at such time as they deem appropriate. By the Court, avid Foster, Esquire 831 Market Street P.O. Box 222 Lemoyne, PA 17043-1518 For Plaintiff v~ohn R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant Court Administrator mae ~.~ ,r ,~iti~~~ ~- ~ =~~r~no 90 .£ 6~d ZZ~f1~90~1 ,ikMiONv~~{.lUE9n 3Hi d0 ~~I.-1~-Q~~l-~ ~ '1 PRAECIPE FOR LISTING CASE FOR TRIAL (Mast be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ^ for trial wfthont a jury. CAPTION OF CASE (urtire caption rarest be stated in full) (other) Marsha Stretron, (Plaintiff vs. The trial list will be called on 10/10/06 aad X17' J • ~~$, Trials commence on 11/6/0h (Defendant) Pretrials will be held on X14 f 1 ~ /(~h vs. (Briefs art due S days before pretrials No. 2003-4428 Civil Term Indicate the attorney who will try case for the party who files this praeeipe: Tnl,., R NTi mckv _ Rcr=, ~i rte x,301 Market Srr~t ~ Lemoyne, PA 17043 Indicate trial counsel for other parties if known: David Foster, P.0. Boa 222, Lemoyne. PA 17D43 This case is ready for trial. Signed: `"gyp ~aLeri Print Name: John R . Ninoskv Date:September 12, 2006 Attorney for: Defendant (check one) ® Civil Action -Law ^ Appeal from arbitration ! `"' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the ~~ day of _, 2006: David Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER By Jo n R. Ninosky, Esquire I.D. #: 78000 301 Market Street Lemoyne, PA 17043 717-761-4540 jrn@jdsw.com Attorneys for Defendant L"i r-.; s ~ ~, J :. ,a _~~ ..1~ ~~ "l --+'~. 15 Marsha Shetron IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Mary J. King NO. 03-4428 CIVIL TERM ORDER OF COURT AND NOW, October 19, 2006, by agreement of counsel, the above captioned case is continued from the November 6, 2006 trial term. Counsel are requested to relist the case for trial at such time as they deem appropriate. J. ~vid Foster, Esq. For the Plaintiff R. Ninosky, Esq. For the Defendant Court Administrator kam J By the Court, PRAECIPE FOR LIST11rTG CASE FOR TRT a T (Mast be typewritten and submitted in duplicate) T4 THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the foIlowing case: ® for JIIRY trial at the next term of civil court. ^ for trial withoat a jary. CAPTION OF CASE {entire caption acust be stated in fuln Marsha Shetron, vs. (check one) ® Civil Action - Law ^ Appeal from arbitration (other) The trial list will be called on March. 20. 2007 and Mary J. King, Trials commence on April. 16, _2007 (Defendant) Pretrials Mill be held on March 28. 2007 vs. (Briefs are due S days before pretrials No. 2003-4428 Civil Term Indicate the attorney who w~11 try case for the party who files this praeeipe: _„j„f,T, R Ri;,,r,ctR. ~~rntr i rP ~~0 i T~Earket ~ 51~,reet ~ I,emoyne, PA 17043 Indicate trial counsel for other parties if known: David Foster, P.O. Boa 222, Lemvvne. PA 1743, This case is ready for trial Date. / . ~~~ Signed: /~ l./0 Print Name: John R . Ninoskv Attorney for. Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on ' (~~07 Leslie Fields, Esquire David Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER ~::--- By Jo~ri R. Ninosky, Esquire I.D. #: 78000 301 Market Street Lemoyne, PA 17043 717-761-4540 jrn@jdsw.com Attorneys for Defendant t'~ c-~ ~~. J `~ ~ - r ~ - -.~, ~`' ~ .~ ire a~ __ ~ ;7~•~' '~4 c.. h3 .ra a ~ . MARSHA SHETRON and JAMES SHETRON, her husband, Plaintiffs v MARY J. KING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-4428 CIVIL TERM JURY TRIAL DEMANDED IN RE: PARTY DISMTSSED FROM CASE ORDER OF COURT AND NOW, this 28th day of March, 2007, pursuant to an agreement reached between counsel for the parties in the person of David J. Foster, Esquire, on behalf of the Plaintiffs, and John R. Ninosky, Esquire, on behalf of the Defendant, Plaintiff, James Shetron, is dismissed from this case. ~id J. Foster, Esquire 831 Market Street P.O. Box 222 Lemoyne, PA 17043 For Plaintiff J n R. Ninosky, Esquire O1 Market Street Lemoyne, PA 17043 For Defendant mae V By the Court, ~ ', ~ ~, ~ ~ _ r c ~ ~-~= ~ ~- = _ A L,. ,. ~~ . A 11~' /-..~) tV a+/ MARSHA SHETRON and JAMES SHETRON, her husband, Plaintiffs v MARY J. KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-4428 CIVIL TERM Defendant JURY TRIAL DEMANDED ~'' C_ rrii": r fil IN RE: PRETRIAL CONFERENCE ~-`~y ~-,~- A pretrial conference was held in th~~~'~__ _i. above-captioned case in the chambers of Judge Oler on ~ ~ CJ -r- ~. t~--- N -~ w ~~~y ~. 'C1 i-~-~ March 28, 2007. Present on behalf of the Plaintiff, Marsha Shetron, was David J. Foster, Esquire; present on behalf of the Defendant, Mary J. King, was John R. Ninosky, Esquire. This is a negligence action for personal injuries to Plaintiff, Marsha Shetron (Plaintiff James Shetron having been dismissed from the case), arising out of a motor vehicle accident in West Pennsboro Township in 1991 when Defendant made a left turn at an intersection into the path of Plaintiff Marsha Shetron's vehicle. Defenses include (1) comparative negligence on the part of the Plaintiff, and (2) a lesser degree of damages than claimed by Plaintiff. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have 4 peremptory challenges, for a total of 8. The trial should take 2 to 3 days to complete. Pursuant to an agreement of counsel, Plaintiff shall furnish supplemental verified interrogatory answers with respect to two witnesses identified for the first time in Plaintiff's pretrial memorandum: Shannon Khoussine and Peg Clifford. To the extent that any deposition testimony is to be shown or read to the jury in this trial and contains objections being pursued by counsel which require rulings by the trial court, counsel .are directed to furnish to the Court at least 5 days prior to commencement of the term at which this case is tried copies of the affected deposition testimony with the areas of objection being pursued highlighted and with brief memoranda in support of their respective positions on the objections. With respect to settlement negotiations, Defendant has made more than a nominal offer to settle the case, but the parties are sufficiently far apart with respect to settlement that it appears unlikely that the case will be settled. By the Court, David J. Foster, Esquire 831 Market Street P.O. Box 222 Lemoyne, PA 17043 For Plaintiff John R. Ninosky, Esquire 301 Market Street Lemoyne, PA 17043 For Defendant :mae Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jrn@jdsw.com MARSHA SHETRON and JAMES SHETRON, her husband, Plaintiffs v. : MARY J. KING, Defendant Attorneys for Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-4428 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE AND NOW, comes Defendant, Mary Jane King, by and through her counsel, Johnson, Duffie, Stewart & Weidner, P.C., who files this Motion in Limine by respectfully stating the following: 1. This matter arises from an automobile accident which occurred on September 19, 2001. 2. This matter is scheduled to begin trial on Monday, April 16, 2007 before Judge Bayley. 3. Defendant served Interrogatories upon Defendant seeking, inter alia, the identity of all Plaintiff's expert witnesses and the substance of the proposed expert's opinions. 4. Plaintiff responded to Interrogatory 13 by stating, "Undetermined at present. Information will be supplied, when determined, to the extend (sic) required by the Pennsylvania Rules of Civil Procedure. A copy of the Interrogatory and Plaintiff's response is attached hereto as Exhibit A. 5. In her Pretrial Memorandum, Plaintiff identified a pain management physician, Dr. Jean Santo as a trial witness. 6. Dr. Santo has not been identified as an expert witness nor has Dr. Santo authored any report detailing the facts and opinions she will state at trial. 7. Pennsylvania Rule of Civil Procedure 4003.5(a)(1) and (2) require that trial experts be identified and that the substance of the proposed expert's testimony be provided to the opposing party. 8. Additionally, Plaintiff has not produced any records from Dr. Santo after August of 2004. 9. It is anticipated that Plaintiff will assert at trial that she suffered a neck injury and that she is still suffering headaches as a result of the subject accident. 10. Plaintiff has taken the deposition of Dr. Steven Wolf for use at trial. Dr. Wolf is one of Plaintiff's treating physicians and he authored an expert report pursuant to the Pennsylvania Rules of Civil Procedure. 11. Dr. Wolf's opinions focused upon Plaintiff's alleged aggravation of a pre- existing back condition. Dr. Wolf did not provide an opinion to a reasonable degree of medical certainty that the accident caused Plaintiff to suffer any neck injury. r 12. The only testimony concerning Plaintiff's neck was that an x-ray taken after the accident demonstrated severe disc degeneration and that portions of Plaintiff's cervical spine were or near "bone on bone." (Please note that at the time of the preparation of this Motion, the parties have not secured a copy of the transcript. The statements contained in this Motion are made purely upon the notes and recollection of the undersigned. The undersigned reserves the right to modify and/or supplement this Motion upon receipt of transcript). 13. Questions concerning the admissibility of evidence lie within the sound discretion of the trial court, and the trial court's decision will not reversed absent a clear abuse of discretion. Com. v. Bobin, 2007 WL 137094 (Pa.Super. 1/22/07). 14. It is submitted that Dr. Santo should be precluded from offering any testimony that the accident caused Plaintiff to suffer any injury. It is submitted that Dr. Santo should only be permitted to testify concerning the treatment rendered, not that the treatment was necessary due to the accident. See Smith v. SEPTA, 913 A.2d 338 (Pa.Commw. 2006), where the Commonwealth Court affirmed the trial court's preclusion of causation testimony from a treating physician who was not designated as an expert and who did not produce an expert report. 15. Further, any treatment concerning Plaintiff's alleged neck injury or headaches should be precluded since Dr. Wolf did not state these injuries were causally related to the accident. Thus, such testimony is irrelevant and should be precluded pursuant to Pa.R.E. 402. 16. Additionally, it is requested that Dr. Santo be precluded from offering any testimony concerning any treatment she may have rendered after August of 2004. Defendant has not received any such records, and receipt of said records on the eve of trial prejudices Defendant's ability to defend Plaintiff's allegations at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court preclude Plaintiff from introducing any causation testimony from Dr. Santo, any testimony concerning treatment for neck problems or headaches, and any testimony about treatment which occurred after August 2004. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ hn R. Ninosky, Esqui Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: April 6, 2007 } Costopoulos, Foster & Fields c ~~ By: Leslie M. Fields ~ ~ ` I.D. No. 29411 Attorneys for Plaintiff 831 Market Street Marsha Shetron Lemoyne, PA 17043-0222 (717) 761-2121 MARSHA SHETRON IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No.:03-4428 MARY J. KING, CIVI L ACTION -LAW Defendant :JURY TRIAL DEMANDED PLAINTIFF'S ANSWERS TO INTERROGATORIES PROPOUNDED BY THE DEFENDANT 1. State: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; c. The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years. e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security number; h. Your military service and positions held, if any; and i. The schools you have attended and the degrees or certificates awarded, if any. a DEFENDANT'S W EXHIBIT W .Q N J J Q ANSWER: a. A few days after the accident my daughter took me down to clean out my car and took pictures at that time. b. Note sure of the date. c. K-Mart d. My car. 11. If you, or someone not an expert subject to Pa.R.C.P. No. 403.5, 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: a. Erie Insurance Adjuster b. Erie Insurance will have any such documents. 12. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: Undetermined at present. Information will be supplied, when determined, to the extend required by the Pennsylvania Rules of Civil Procedure. 13. Identify each expert you intend to call as a witness at the trial of this matter, and or each expert state: a. The subject matter about which the expert is expected to testify; and b. The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or the interrogatory answered by the expert.) ANSWER: Undetermined at present. Information will be supplied, when determined, to the extend required by the Pennsylvania Rules of Civi{ Procedure. 14. 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. -5- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in ~// Lemoyne, Pennsylvania, on ~ lO/d/07 ' David Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 1 By J n R. Ninosky, Esquire I.D. #: 78000 301 Market Street Lemoyne, PA 17043 717-761-4540 jrn@jdsw.com Attorneys for Defendant w f ~ MARSHA SHETRON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. MARY J. KING, DEFENDANT 03-4428 CIVIL TERM VERDICT QUESTION 1: Was the negligence of defendant a factual cause in bringing about harm to plaintiff? YES N0~_ If you answer "Yes," proceed to Question 2. If you answer "No," plaintiff cannot recover and you should return to the courtroom. QUESTION 2: State the total amount of compensatory damages you find plaintiff sustained as a result of the causal negligence of defendant. TOTAL: (Date) ~~ ~r.~..Q.,~-, Foreman 4~ 4' /' 1uclge _ Gerk%Proth ~' Tips4aff ~I C*A,~S_ENO.: _ '7 _ _ COURTROOM NO.: ~ _lJll~'~hQ ~~~'1P'~' rnn VS i"I[l..t`u _ T ~ inn DOCKET NO.: ~ ~- NNa~ DATE: //~ juror # Name `(_ _ Q }p ,~,...... Random No. ~ 2 56 BIGLER, JEFFREY S 3 . -1729333956 ; 28 MCGINTY, ASHLEY -1612053630 =~ 39 KALER, DAVID WILLIAM -1458800998 ~ -14 ~ 4 DZIECIOL, CAROLINE ANN -1067471278 1 ^ /J a 22 CLAWSON, NANCY B. , ~ -1066923895 '~ 3 ~ - ~~ (s 11 SHAW, CHRISTINE M . -566429826 Z l =l 51 BLACK, BARBARA L -529710544 l fi 61 BARTLEY, SUSAN F. -375665206 (? 35 HOOD, CABBIE l ~; 16 JONES-GOERS, KATHARINA -258161257 ` 1 i) 62 SMALE (DONNELLY), JODY 34954157 197568643 1 40 MCCLURE, BREGETTE L ?~ 27 . SCHULLER, HELMUT 239023379 ~~ , 260709157 ~'=~ 26 SEELEY, EMERY W III . 657130036 ~l ~riA1v1t3AUGH, CURTIS 687130536 ?fi 43 BAREFOOT, MYRNA J. 7676283 ~? 29 RINSER, SHANNON L. DONOFRIO 83419 ~8 VANLIEU, LARYSSA E . 848700895 z) 53 EST, SANDRA A . 950780529 -3 ~~ 7 HORS DENNIS G . 1106202731 3 [ 20 BRUMBAUG ARO 1113570723 ~>~ 1 -- KLENK, MARY E 1176732469 3 i 46 ANDRE ,DAVID M . 1454271460 >>=~ 49 RA, DEBI M . 1492927666 3~ 3 CHUN, CLAYTON KS 1536196526 ,i Ci 66 LYNN, JILL N. 15 5 pri116, 2007 Page 1 pe~x~a,l Tr~j ury ~~ Juror # ~? 65 _i ~ \~,'7 ~ c.~ ~ 54 ~(~ 15 :~ ( 41 ~2 59 =~.i 47 ~-~ 50 =~:> 24 Name JAMA, JOSEPH STEVENS, KELLEY LEE ~CH~ER, SUSAN MARIE ROBERTS,~~ARDA A. GOODLING, EMILY NEWHOUSER, C E A Y 'DANIELS, DAVID W. EMERICK, RUSSELL P. Random No. 1847768030 1867178460 1888183896 1977910157 1989660437 2089811787 Monday, Apri116, 2007 Page 2 of 2 ~~ Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARSHA SHETRON and JAMES SHETRON, her husband, Plaintiffs v. MARY J. KING, Defendant PRAECIPE TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4428 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLEASE ENTER JUDGMENT in favor of the Defendant, based upon the jury verdict. JOHNSON, DUFFIE, STEWART & WEIDNER By: ohn R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: 3/a/b 296996 -. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in t/he~United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on s{y/O~ David Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By J hn . Ninosky, Esquire I.D. #: 78000 301 Market Street Lemoyne, PA 17043 717-761-4540 jrn@jdsw.com Attorneys for Defendant -~- -~. ~ ~_: ~ ,r .: £:~