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Home My WebLink About07-4780David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 KnauerC~early.com 717-795-7790 717-795-7793 Fax TANYA GROSS, : IN THE COURT OF COMMON PLEAS and JOSEPH GROSS, :CUMBERLAND COUNTY PENNSYLVANIA husband and wife, ~~ ^` ~ i Plaintiffs NO. 0 7 ~- CJ ~" _ t v. CIVIL ACTION -LAW BARBARA L. HEISLER, Defendant :JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 REDUCED FEE OR NO FEE. ~'' CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013-3302 717-249-3166 NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le adviote de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMATION A CERCA DE COMP CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013-3302 717-249-3166 Respectfully submitted, DAVID W. KNAUER, L.S.C. ~U~ David W. Knau ,Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: August 10, 2007 (717) 795-7790 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TANYA GROSS, : IN THE COURT OF COMMON PLEAS and JOSEPH GROSS, :CUMBERLAND COUNTY PENNSYLVANIA husband and wife, Plaintiffs NO. b ~ - ~l ~ ~b ~d T~ v. CIVIL ACTION -LAW BARBARA L. HEISLER, Defendant :JURY TRIAL DEMANDED COMPLAINT COUNTI TANYA M. GROSS V. BARBARA L. HEISLER NEGLIGENCE 1. The Plaintiff, Tanya Gross, is an adult individual with an address of 4204 Allen Road, Camp Hill, PA 17011. 2. The Plaintiff, Joseph Gross, is an adult individual and husband of the Plaintiff, Tanya Gross and resides with her at the aforesaid address. 3. The Defendant, Barbara L. Heisler, is an adult individual with an address of 818 Charles Avenue, Mechanicsburg, Pa. 17055. 4. At or about 1:20 p.m. on November 14, 2006, the Plaintiff was the owner and operator of a 1995 Dodge Caravan. 5. At or about the aforesaid time and date, the Defendant Heisler was the operator of a certain vehicle. 6. East of the intersection of Carlisle Pike and Route 114 intersection there is an entrance from the Carlisle Pike into the shopping center that is controlled by a traffic light. Immediately to the westerly side of the entrance is a Taco Bell restaurant. 7. As the Plaintiff was entering the shopping center, the traffic signal became yellow as the Plaintiff stopped her vehicle to comply with said signal that would have turned red before the Plaintiff could enter and pass through the intersection. 8. At the aforesaid time and location, the Defendant so operated her vehicle that it ran into the vehicle the Plaintiff was operating causing damage to her vehicle and injury to the Plaintiff. 9. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that she: a.) failed to keep a vigilant outlook for the PlaintifYs vehicle and any other vehicles that were on the road and leaving or entering into or out of the shopping center; b.) failed to see the Plaintiff's vehicle; c.) failed to maintain an assured clear distance between her vehicle and the vehicle, i.e. the plaintiff's vehicle, that were leaving the shopping center; d.) failed to avoid striking the Plaintiff's vehicle; e.) struck the Plaintiff's vehicle from the rear; f.) violated the assured clear distance statute; 75 Pa.C.S.A. 3361. 10. As a result of the aforesaid collision caused solely by the carelessness, recklessness and negligence of the Defendant, the Plaintiff has suffered severe and sundry injuries to her person. 11. As a result of the aforesaid collision caused solely by the carelessness, recklessness and negligence of the Defendant, the Plaintiff is entitled to recover the following elements of damages for past and future: a.) pain and suffering; b.) emotional distress; c.) loss of enjoyment of life; d.) medical expenses excess of insurance coverage. WHEREFORE, the Plaintiff demands judgment her favor and against the Defendant in an amount in excess of the amount for mandatory referral to arbitration. COUNT II JOSEPH GROSS V. BARBARA HEISLER LOSS OF CONSORTIUM 12. The Plaintiff incorporates by reference thereto paragraphs 1 though 11 of the within Complaint as if more sully set forth herein. 13. As a result of the aforesaid collision caused solely by the carelessness, recklessness and negligence of the Defendant, the Plaintiff has suffered and may suffer in the future the loss of consortium. 14. As a result of the aforesaid collision caused solely by the carelessness, recklessness and negligence of the Defendant, the Plaintiff is entitled to recover for loss of consortium. WHEREFORE, the Plaintiff demands judgment her favor and against the Defendant in an amount in excess of the amount for mandatory referral to arbitration. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. c avid Hauer, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: (717) 795-7790 VER~IFICAT(ON SUbjCCi to ih2 penalties O't i 8 Pa. C.S.A. fO04 relating i0 UnS:':Cfn iclSliiCcilCfl i0 aUthOfltl°S, \'Je i-icreby CCfiliY thai tliv'' iaCiS In tt;e tcregoing pieacing are tfL° and correct to iho b=st c. ocr in~ormaticn ~r~d beliti. t~G lv. ~ ~~ ~~ / ~. N ~' Q n~ ~o, b d ~~ C~ ~-r ~. r.: ;. y-. C~_ - -1 ,._., r, :? c _-~ _...r r c,.; -~ lam} V ' _~ __. c"_` '? C J =- ('!'! ={ J'b .v X, ~ Johnson, Duffle, Stewart & Weic By: Jefferson J. Shipman, Esqui I.D. No. 51785 30i Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-I (717) 761 ~L540 jjs(a~jdsw.com TANYA GROSS and JOSEPH G husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant 09 Attomeys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~YLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendant, Barbara L. Heisler, i the above-captioned matter. Date: q ~" a ~ JOHN N, DUFFIE, STEWART 8 WEIDNER e rson J. Shipman, `E ire Attomeys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant L~ ~ ~ I hereby certify that a copy following, by depositing the same Lemoyne, Pennsylvania, on David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs the foregoing has been duly served upon the the United States Mail, postage prepaid, in 'B ? JOHNSON, DUFFIE, STEWART & WEiDNER 3Q9475 f Jaffe on J. Shipman, squire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant c'S ~v c~ v ~ Yi ...r„r ... .. ~n.I , ~ 4_ ._ 4 r `` _`~ ~~ ~u, ~ 1 s~~ V ~ G1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROSS TANYA ET AL VS HEISLER BARBARA L SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HEISLER BARBARA L was served upon the DEFENDANT at 0909:00 HOURS, on the 24th day of August 2007 at 818 CHARLES AVENUE MECHANICSBURG, PA 17055 by handing to BARBARA HEISLER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Postage .41 Surcharge 10.00 .00 9~b4~b~ ~ 37.05 Sworn and Subscibed to before me this day of , So Answers /• ~~ R . Thomas Kline ~ ~~' 08/27/2007 KNAUER & ASSOCIATES By: eputy Sheriff A.D. ,q Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs(c~Jdsw.com TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant Attomeys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days. JOHNSON DUFFIE, STEWART & WEIDNER J ers n J. Ship an, Esquire Attorneys for Defendant DATE: ~ ~~ ~ `~ l t, Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs~jdsw.com Attorneys for Defendant TANYA GROSS and JOSEPH GROSS, IN THE COURT OF COMMON PLEAS OF husband and wife, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. BARBARA L. HEISLER, Defendant CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Barbara L. Heisler, by and through her counsel, Jefferson J. Shipman, Esquire, and Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter in response to Plaintiffs' Complaint: COUNTI Tanya M. Gross v. Barbara L. Heisler Nes~listence 1. Admitted upon information and belief. 2. Admitted only that the Plaintiff is an adult individual. After reasonable investigation, Mrs. Heisler is without sufficient knowledge to form a`be'lief as to the `truth of the remaining averments of Paragraph 2 and the same are therefore denied. y , .. - . 3. Admitted. 4. Admitted in part, denied in part. It is admitted only that at or about 1:20 P.M. on November 14, 2006 the Plaintiff was the operator of a 1995 Dodge Caravan. After reasonable investigation, Mrs. Heisler is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 4 and the same are therefore denied. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that the Plaintiff stopped her vehicle. After reasonable investigation, the answering Defendant, Mrs. Heisler, is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 7 and the same are therefore denied. 8. Admitted in part, denied in part. It is admitted only thaf there was contact .between the vehicles. After reasonable investigation, Mrs. Heisler, is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 8 and the same are therefore denied. 9. Denied. The averment contained in Paragraph 9; and subparagraphs a) through f.), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. F a.) Denied. It is specifically denied that Mrs. Heisler failed to kip a vigilant outlook for the Plaintiffs vehicle and any other vehicles that were on the roadway and leaving or entering into or out of the shopping center; b) Denied. It is specifically denied that Mrs. Heisler failed to see the Plaintiffs vehicle; c) Denied. It is specifically denied that Mrs. Heisler failed to maintain an assured clear distance between her vehicle and the vehicle, i.e. the Plaintiff's vehicle, that were leaving the shopping center; d) Denied. It is specifically denied that Mrs. Heisler was negiigent'in allegedly striking the Plaintiffs vehicle; e) Denied. It is specifically denied that Mrs. Heisler was negligent in allegedly striking the Plaintiffs vehicle from the rear; and f) Denied. It is specifically denied that Mrs. Heislervioiated the assured clear distance ahead statute. 10. Denied. The averments contained in Paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in Paragraph 11 are, in part, conclusions. of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Heisler is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 11, relating to ,~., .. "A j.+i. Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Barbara L. Heisler, respectfully requests. that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II Joseph Gross v. Barbara Heisler Loss of Consortium 12. Mrs. Heisler incorporates herein by reference her answers to Paragraphs 1 through 11 above as though fully set forth herein at length. 13. Denied. The averments contained in Paragraph 13 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are spec~cally denied. After reasonable investigation, Mrs. Heisler is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 13 and the same are therefore denied. 14. Denied. The averments contained in Paragraph 14 are, in part, conclusions of law and fact to which no response is required. If a response is deemed. to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Heisler is without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 14 and the same are therefore denied. WHEREFORE, the Defendant, Barbara L. Heisler, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 15. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 16. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and by the Limited Tort Option. 17. That if it .should be found that there was any negligence on the part of Mrs. Heisler, which negligence is spec~cally denied, then in that event, any such negligence was not a proximate cause, nor factual cause, of any harm to the Plaintiff. 18. That the Plaintiffs alleged injuries may have been pre-existing. 19. That the Plaintiff may have failed to mitigate her alleged injuries. 20. That the Plaintiffs alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 21. That the accident may have been caused by an intervening superseding cause. 22. That the Plaintiff's alleged cause of action may have been unavoidable. WHEREFORE, the Defendant, Barbara L. Heisler, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER e erson J. Shi an, Esquire I . D. #: 51785 Attorneys for Defendant VERIFICATION I, Barbara L. Heisler, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsecation 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. r Barbara L. Heisler DATE /p aoa ~ 309358 ) 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 Q ~ David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plainfiffs JOHNSON, DUFFIE, STEWART & WEIDNER ;' Jeffe .Shipman, squire I.D: :51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 309337 C') ~~ ~ %'~ ~~ w ~ 0 ..y ~ ~'i? ~' ~ .~" ~ +y + ~ •-C p „' "~L ~~ 1 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer~early.com 717-795-7790 717_7Q~-77UR Fax TANYA GROSS, and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 07-4780-Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 15-22. Denied as alleged. The Plaintiffs aver that the Defendant's New Matter paragraphs 15-22 inclusive and are conclusions of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Plaintiffs demand judgment in their favor and against the Defendant on the Defendants New Matter. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main" Street Mechanicsburg, PA 17055 Date: C~' ~`~ ~ ~~ (717) 795-7790 ~. , ~ David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer ~ early.com 717-795-7790 717-795-7793 Fax TANYA GROSS, : IN THE COURT OF COMMON PLEAS and JOSEPH GROSS, :CUMBERLAND COUNTY PENNSYLVANIA husband and wife, Plaintiffs NO. 07-4780-Civil Term v. CIVIL ACTION -LAW BARBARA L. HEISLER, Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 11 ,, I David W. Knauer, hereby certify that 1 did on the 1`-1~ day of September, 2007, seared a true and correct copy of the P{aintiffs' Reply to Defendant's New Matter on all counsel of record by United States mail, first class, prepaid addressed as follows: Lemoyne, PA 17043 Jefferson Shipman, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ~~ ~ ~ David W. Knauer, Esquire Attorney for Plaintiffs Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 c~ a ~~; ~r~l' ~ C ~-` ~ ~'~ ~ ~ ~ t~a Johnson, Duffle, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs~jdsw.com TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs 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 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 (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. (5) JOHNSON, DUFFIE, STEWART & WEIDNER By: Je rson J. Shipman, Esquire A rney I.D. No. 51785. . 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: ~ /j ~~ ~' 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, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ ~ David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: J erson J. Shipman, Esquire A orney I.D. No. 51785 301 Market Street - " P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs a~'dsw.com Attorneys for Defendant TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendants intend 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 records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff rso .Shipman, Esquire Att ney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: i f ~1 I Q 6 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, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on / ! ' David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: Je rs .Shipman, Esquire Att rney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy 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: any and all medical records reports correspondence, diagnostic test results from April 2003 pertaining to Tanya Gross DOB:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: ~ _~~. Prothonotary/ ,Civil ivision i Deputy DATE: _ 1 !0 Seal f tl a Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mueller 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: any and all medical records reports correspondence, diagnostic test results pertaining to Tanya Gross DOB:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: -_~ ,. Pro~honota er`k, vil Division Deputy DATE: to DS Se I o the Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Ravi Dukkapatti (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, reports, correspondence, diagnostic test results pertaining to Tanya Gross DOB:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Pro, onotary/ ivi Division Deputy DATE: 1 10 0$ Sea of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr Robert Beaudry (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 dental records, reports, correspondence, diagnostic test results pertaining to Tanya Gross D06:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Profhonotary/ r C' d Division Deputy DATE: ! ro 08 Seal of he Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Richard Guerin (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 reports, correspondence, diagnostic test results pertaining to Tanya Gross D06:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: 1.. ~s Pro onota / k, Civil ivision Deputy DATE: / /o o~ Sea of he Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Allstate Insurance Company (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 insurance records reports, correspondence, estimates, including medical records regarding Claim # 1555598488 pertaining to Tanya Gross DOB:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prca4honotary/CI ,'Civ' Division Deputy DATE: / !D 08 Seal of he Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Mutual Insurance Company (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 insurance records, reports, correspondence, estimates, including medical records regarding Claim # 583760659282003041 pertaining to Tanya Gross DO6:11/22/82 SSN: 166-66-5615 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: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: ProfhonotaAr! erk, ~ ivil Division Deputy DATE: i (D D$ Sea of the Court (Eff. 7/97) n ~ Q C ~ ~ ~ ~ f ~ r~ T ~. F. .~ ,jq: ~, ~ ~' -~. i ~ ~ -'.-^1 '~_ ",~ Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED C_ ERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs 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 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, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNS DUFFIE, STEWART & WEIDNER By: Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: "J 1 J 11 ~ ~" 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, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on _ ~ ~ ~ ~ ~~ - David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs JOHNS DUFFIE, STEWART WEIDNER By: Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Johnson, Duffle, Stewart ~ Weidner By: Jefferson J. Shipman, Esquire l.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CAVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve six (6) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to fife of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER .~ n J erson J. Shipman, Esquire A orney l.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: r j ~ C~~ ~~ 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, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ . David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff so J. Shipman, Esquire Att ney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Cumberland Orthopedic & Spine PT (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 physical therapy records correspondence, diagnostic test results pertaining to Tanya Gross DO6~11/22/82 SSN• 166 66 5615 at Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemo ne 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 SUBPGENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: ~ ~ Seal of the Court Jefferson J. Shipman Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division -~ ~~ ?~.- Deputy (EH. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. ~un4 D• Chang~_ (Name of Person or Entity') Within twenty {20) days after service of this subpoena, you are ordered by the court to produce tt'ie following documents or things: any and all medical records, physical therapy records, correspondence, diagnostic test results pertaining to Tanya Gross DOB:11/22182 SSN: 166-66-5615 at Johnson, Duffie, Stewart & Weidner. 301 Market Street, P.O. Box 109 Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena; together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: S~PF~~!I•IE COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division DATE: G ~ Seal o the Court ,, , ~. w ' ~,; ~~, _~. Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 'Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMEN T S OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Fredricksen Outpatient Center (Name ~~.f Person or Entity) vVithin 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. physical therapy records,corresoondence, diagnostic test results oertainin4 to Tanya Gross D0B:11/22/82 SSN: 166-66-5615 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 producifig the things sought. if you fait 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. T'ilS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMF": F,DDRESS: T~l_EPHOI`SE: SUPRE^.4E COURT ID #: AT-fORNEY FOR: Qi4TE~ _~ ~~1~.~ Seal of the Court Jefferson J. Shipman. Esouire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division .~ ~~~ - ~~~ ~~ - Deputy (Eff. 7/97} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: _ Central PA. MRI z•enter (Name c:f Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to•produce the foilowihy documents ar things: any and al[ medical records reports correspondence diagnostic test results pertaining to Tanya Gross DOB•11/22/82 SSN• 166-66 5615 at Johnson. Duffle Stevrart & Weidner 301 Market Street P.O. Box 109 Lemo ne 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 ~~UBPOENA WAS ISSUED AT.THE REQUEST OF THE FOLLOWING PERSON: NAWI E:. ADDRESS: fiELEPHONE: - ' SUPREME COURT ID #: ATTORNEY FOR: Dk'fE~ ` ..~r7~1~ Seal of the Court Jefferson J.•Shipman Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: ./I/ ~/1,~~i. T ~' /' Prothonotary/Clerk, Civil Division ~ / Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mueller 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: any and all medical records, reports, correspondence, diagnostic test results from January 1 2008 through July 31 2008 pertaining to Tanya Gross DOB:11/22/82 SSN: 166-66-5615 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. TH{S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: avPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Stree# Lemoyne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: DATE: ~/ /'~G~' Seal of the Court Prothonotary/Clerk, Civil Division J d r/~. ~ J,~ v ~,/ /lam Deputy i (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Dr. Ravi Dukkapatti (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 reports correspondence diagnostic test results from January 1, 2008 through July 31 2008 pertaining to Tanya Gross DOB•11/22/82 SSN~ 1d6-66-5615 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. .f you fail to produce the documents or things required by this subpoena within twenty (20) days after its sen/ice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA V!~AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAR~lE: Jefferson J. Shipman. Esquire ADDRESS: ~ 301 Market Street Lemoyne. PA 17043 T~LEi'HON E: 717-761-4540 cUPREME COURT ID #: 51785 ATTGRNEY FOR: Defendant BY THE COURT: ~~ ~Gf~~ ~ /~ /C~~ Prothonotary/Clerk, Givil Division / Deputy DATE' ~ • Seal of the Court (Eff. 7/97) ~~ ~~ =- ~ -~ : i ~. ,.rte m ~~.r _ .~" ... .. - - -^a-V ; r "~ ' ~ "'"" ,.. i{ , r, _ , r : i __,,~ , Cwl "~> . A:J Johnson, Duffie, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Attorneys for Defendant 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761 X540 jjsf~jdsw.com TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs 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 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 (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff son J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: I~ J~~(~~ o~ 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, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ d % ~ %~~_: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: e~w~''r'`1' Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Johnson, Duffle, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4780 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve one (1) 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 records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNSO UFFIE, STEWART & WEIDNER By: Jeff son J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: / ~'1) ~l ~ ~" ,, 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, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on / d ~) David W. Knauer, Esquire Knauer & Associates, L.S.C. 441-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs JOHNSON UFFIE, STEWART & WEIDNER By: Jeffe on J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tanya Gross and Joseph Gross, Plaintiffs vs. Barbara L. Heisler, Defendant File No. 07-4780 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gerald J. Kruba, D.C. (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 chiropractic records, medical records reports office notes, correspondence, diagnostic test results pertaining to Tanya Gross (formerly Whitekettle) DOB:11122/82 SSN: 166-66-5615 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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: DATE: ~g Seal~ofthe ourt r honotary/Clerk, Civil Division Deputy (Eff. 7/97) ~-~ r-.~ r.~s ~ t :T ..,...q i ~ ~.x? ~ 1:,._ _. _k.~ ~.: .r. ~,: .,` r ~+~ 1~ TANYA GROSS, and JOSEPH GROSS, husband and wife, Plaintiffs v. BARBARA L. HEISLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 07-4780-Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW AS PLAINTIFF COUNSEL Withdraw my appearance for the Plaintiffs in the above action. Respectfully submitted, Date:./ KNAUER & ASSOCIATES, L.S.C. `'V I David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 PRAECIPE TO ENTER APPEARANCE Enter my appearance for the Plaintiffs in the above action. Respectfully submitted, Date ~- ~~ Les ie David Jacobson, Esquire /Scott /I~~f-/Q,~d Attorney for Plaintiff Attorney I.D. No.ao y'6669 8150 Derry Street -Suite A Harrisburg, PA 17111 ~!~? o (717) 260-3127 F'fL~fa~-t~!~=~~C; I p 2QQ4 APB -6 P~'~ 3~ ~~ 0 ~LJA~i'_ '\.~ ~1rr ~' TANYA GROSS and JOSEPH GROSS, husband and wife Plaintiffs v. BARBARA L. HEISLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4780 CIVIL TERM CIVIL ACTION -LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendants in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Scott McPartland, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~ectfully submitted, NSON, DUFFIE, STEWART & WEIDNER i J. Shipman, Esquire for Defendant AND NOW, this 2009, in consideration of the foregoing petition, Esq., and , Esq. and ,Esq. are appointed arbitrators in the above- captioned action (or actions) as prayed for. By the Court, ORDER OF COURT Edgar B. Bayley 366260 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 15, 2009: Scott McPartland, Esquire 8150 Derry Street Harrisburg, PA 17111 JOHNSON, DUFFIE, STEWART & WEIDNER J. Shipman, Esq'Gire G_; ;.. r~L~_~.., :~ r.. j ~! ~_~ C i y •~ ,', qa v. od ~~L A-t~ C~ 3618? 2~ ~sz4y s TANYA GROSS and JOSEPH GROSS, husband and wife Plaintiffs v. BARBARA L. HEISLER, Defendant CIVIL ACTION -LAW RULE 1312-1 The Petition for Appointment of Arbitrators sha{I be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendants in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Scott McPartland, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. spectfully submitted, J HNSON, DUFFIE, STEWART & WEIDNER /I ~ . 1 i J. Shipman, Esgdire for Defendant Esq. and ~ iL~~ ~. LC captioned action (or actions) as p AND NOW, ORDER OF COURT 2009, in consideration of the foregoing petition, Esq. are appointed arbitrators in the above- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4780 CIVIL TERM Edgar B. Bayley 366260 ~_ i.1.3'~4 ~, ;`,:, ~: A_ ,~j.. ~~ s F" t•_ ~} z~.- c ,_-- ('`.S dy. c~ N ;~-~ r~-~ ~~ >i .iL.S ,~ {7 ~ ~ ~~~ ~ ~ C~ F:\FiLES\Clients\I2297 FIXGWrbitrationsV 2297.28 Gross v Heisler\I2297.28.Order Greeted: 9/20/04 0:06PM Revised: 8/27/09 I t :52AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 TANYA GROSS and JOSEPH GROSS, IN THE COURT OF COMMON PLEAS OF husband and wife :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v BARBARA L. HEISLER, Defendants No. 07-4780 CNIL TERM CIVIL ACTION-LAW APPEAL FROM DISTRICT JUSTICE ORDER And Now this 27`'' day of August, 2009, the Court being advised that Attorney Clotfelter is not available for the Arbitration scheduled in this matter, the appointment of Linda A. Clotfelter, Esquire , as an Arbitrator is vacated and John W. Carter, Esquire is appointed to serve as substitute Arbitrator. In this case. BY cc: ubert X. Gilroy, Esquire J Judge ZQfl9 BUG 28 A~ i0~ I i y'Ati ~ ~s ~~s ~ Plaintiff ~~ ,~.~ G1G ~ ~ ~rru Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ~`~ - ~ °~ ~ Civil Action -Law. p7 ' '~ 78d Oath We do solemnly sweaz (or afI"irm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. L.. ' -~ Signature ~ j Si tort Signature c. ~c-•T V' ~ L~t++ ~f~ ~an- ~. Rio r) n tit! • ~!'~~°r' Name (Chairman) N Name Law Firm (~ r,~ (~ y ~1~ ~r (V ~ by Addressa `~ arty, ~- t!~,(~. ~irm ~O t W-La~• 54-- Address ~ol~-Q lrac~~~~-:o~~r' Law Firm Address ~R2~i<<r (~'n~ l'~U~3 ~i.s~ (~ ~~°~ 3 ~~ ~+51-~ ~'~- (7015 City, Zip City, Zip City, Zip x//783 `~ /DwSO~ -~-aD3~~, We, the undersigned Abitrators, having been duly appointed and sworn (or affumed), make the following award: (Note: If damages for delay are awazded, they shall be separately stated.} Date of Hearing: ~- 31 ~ ~ ~ ~ ~~ Date of Award: ~v~ ~ -- ~ i~~ Notice of Entry of Award Now, the _!S~aY of 20~ at ~ ~.M., the above award was entered upon the docket and notice the of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~s~. Gd By: ~ Prothonotary Deputy . Arbitrator, dissents. (Insert name if applicable., FkE.Et~~'~=i°~Ic~E 4F THE F~ E ~ i ~"?~t~~A~tY Zfl09 SEP -4 A~4 8~ 4 ~ PE1~iivSYLVw~~+ 9~'y~~F'- l.'o~~es'm.~.i~d, ~-r~ ~*~s f , sIV ~ m7~ -~-pY `~c' ''1 ~~C._.gy y9~ ~. T • ~ ! Scott McPartland, Esquire I.D. No. 209669 8150 Derry Street, Suite A Harrisburg, PA 17111 (717)260-3127 TANYA GROSS and JOSEPH GROSS, husband and wife, Plaintiffs Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4780 Civil Term v. BARBARA L. HEISLER, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied and discontinued with prejudice. Respectfully submitted, By: colt McPartland, Esquire Attorney I.D. No. 209669 8150 Derry Street, Suite A Harrisburg, PA 17111 Telephone (717) 260-3127 Date: ~~~ ~ Attorney for Plaintiff /~ T~~ .,~ ,,r.~ 2~~9 :~~~ 2 l r f~ ~~'~ ~' „ ,-,-~.: < <, , , ~`