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Home My WebLink About04-0318 IN THE COURT OF COMMON PLEA:L OF Cumberland CIVIL OIV!SlOli COUNTY, P~NNSYlVANIA Plaintiff(s) & Address(es): Shai16n Hiers 304 N. Fayette St. Shippensburg, PA 17257 : : Fne No. 04 -3lf C!i,;)\i~ /~ Chi1 Action - Trespass VS. : Defendant(s) & Add~ess(es): Erica Pennello 304 N. Fayette St. Shippensburg, PA 17257 : PRAECIPE FOR.SUKMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: . lssue summons in in the above case. Trespass x Writ of Summons shall be ,,,,,' ,,' f,~"", t, 'U'lr'" signature/~T Attorney R; I'h~rd S. l'r; "dJ11?l', Esq\'; re 600 N. 2nd St. H~rri~bury PA 17101 (236- 8000) Name/Address/Te1epnone Number of Attorney Supreme Court ID Number 07176 Date: 1-22-04 . * '* * .. SU~O~S IN CIVIL ACTION TO:. Date: //~/rYf PLAINTIFF(S) HAS/HAVE COMME:CEO ~ACTION AGAINST ~~~::~a~]1er~~iYiSiOn ~ fio~___f? .cm014--CLr- , '{c. Deputy YOU ARE NOTIFIED THAT THE ABOVE.NAMEO YOU. ig, ;p D Vl rt- 'R- Yi ~ "'- ~ () ~ ~ V & ~ $ (".' i . ~ ,. -.-1 8 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS SHANON VS PENNELLO ERICA BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PENNELLO ERICA the DEFENDANT , at 1133:00 HOURS, on the 28th day of January , 2004 at 114 EAST BURD STREET SHIPPENSBURG, PA 17257 by handing to ERICA PENNELLO a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.80 .00 10.00 .00 41.80 So Answers: r~~ R. Thomas Kline 01/29/2004 FRIEDMAN & Sworn and Subscribed to before By: ') me this .:J{) day of \~ Jfj)O~c A.D. (j~~~c':!(J -/Jr(j Deputy Sheriff SHANON MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 MAYBE 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 A venue Carlisle, PA l70l3 (717) 249-3166 AVISO 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 acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el dernandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO. LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CNIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Shanon Myers, by and through her attorneys, Friedman and King, P.C., by Richard S. Friedman, Esquire and brings the within Complaint against the Defendant, Erica Pennello, and avers as follows: I. Plaintiff, Shanon Myers, is an adult individual who currently resides at 304 N. Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Erica Pennello, is an adult individual who currently resides at 114 East Burd Street. Shippensburg, Cumberland County, Pennsylvania 17257. 3. On the aforesaid date, Defendant was the operator of a 2000 Jeep automobile which was involved in the accident described herein. 4. On or about March 13,2002, the Plaintiff was a passenger in Defendant's automobile which was involved in the accident herein described. 5. On or about March 13,2002, at approximately 9:45 p.m., the Defendant was traveling northbound on Interstate 95 in South Carolina at approximately 75 miles per hour. 6. At the aforementioned date and time, the Defendant lost control of her vehicle, thus striking another vehicle before leaving the roadway and rolling over several times. COUNT I SHANON MYERS v. ERICA PENNELLO NEGLIGENCE 7. Paragraphs I through 6 are incorporated herein as set forth at length. 8. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Shanon Myers, are the direct and proximate result ofthe negligence of the Defendant, Erica Pennello, generally and more specifically, as set forth below. a) In operating her vehicle in a negligent manner; b) In failing to remain attentive to the roadway and other vehicles surrounding her; c) In failing to have her motor vehicle under proper control at all times; d) In failing to observe the posted speed limit of 70 miles per hour; e) In operating her motor vehicle without due regard to the rights, safety and position of the Plaintiff; f) In failing to have her vehicle under control so as to prevent her vehicle from striking another vehicle and from leaving the roadway; and g) In failing to take evasive action in order to prevent her vehicle from striking another vehicle and to prevent her vehicle from leaving the roadway. 9. As a direct and proximate result of the negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, has suffered and will continue to suffer personal injuries, including but not limited to, laceration ofthe right elbow, multiple contusions and abrasions, right ankle sprain, right ankle instability, right foot fracture, compression, neuropathy, right radial tunnel syndrome, lateral epicondylitis with tenosynovitis; right elbow pain, and pain and suffering associated therewith. 10. As a direct and proximate result of the negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, sustained serious personal injuries requiring emergency medical treatment and continuing medical treatment, including but not limited to, ambulance transport, one emergency room visit, six sutures to the right elbow, several visits to her family doctor, evaluation by several orthopedic surgeons, a plastic surgeon and several hand and upper extremity specialists; x-rays of both feet, the right elbow and the right shoulder; a bone scan; an MRI of the right ankle; the use of the short leg walking brace, two sessions of physical therapy totaling 18 visits; a surgical procedure to remove foreign bodies from the scar; one plastic surgery; nerve conduction velocity studies; an injection ofthe right elbow and the use of various prescription medications. II. As a direct proximate result of the negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, has been and will in the future be hindered from attending to her daily activities and duties, to her great detriment, loss, humiliation and embarrassment. 12. As a direct and proximate cause ofthe negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, has suffered great physical pain, discomfort, humiliation, and mental anguish, and will continue to endure this pain for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 13. As a direct and proximate result of the negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medical attention. Plaintiffs medical bills to date have been paid by her first party carrier. However, if Plaintiff decides in the future to undergo plastic surgery for scar revision, she will be required to pay this expense, since her first party benefits have been exhausted. 14. As a direct and proximate result of the negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, has suffered a loss oflife's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 15. As a direct and proximate result of negligence of the Defendant, Erica Pennello, the Plaintiff, Shanon Myers, sustained an unreimbursed loss of wages in the amount of $77.80. 16. Plaintiff, Shanon Myers, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff. Shanon Myers, seeks damages from the Defendant, Erica Pennello, in an amount in excess of$25,000.00, exclusive of interest and costs, and therefore not bound by compulsory arbitration. Respectfully submitted, Date~ ~ .3/ /Jctlf P.c. /'/ ,/ ,~// /"/ / ,.---- Richard S. Friedman, sqUIre 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 p/p:pleadings\myers.com VERIFICATION I, Shanon Myers, hereby acknowledge that I am the Plaintiff in the within action; that I have read the foregoing Complaint; and the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. DateD(hy~ D~ SHANON MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. ; NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CNIL ACTION - LAW CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on March 3L 2004, I served a copy of the within Complaint, by depositing same in the United States Mail, first class, Certified Mail No. 7000 167000052761 6998. addressed as follows: Erica Pennella 114 East Burd Street Shippensburg, PA 17257 FRIEDMAN & KING, P.C. Ric rd S. Friedman, Esquire 6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 () ,.., 0 c:;::. C ~ -" ". :r;-.. -, I;' t.,:, .," C!.) '..' h'l -T1 ::tJ r:~ -q n'l :U r<' , '-I ".' C) (~) r:: ..--j , Yj ~ ;~ ( -,- ::,i; ("; ." i'-, C.: 1'.) ;.:~- "j ~ ..< -'" cr'! Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SHANON MYERS, v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CNIL ACTION - LAW PRAECIPE Kindly make the attached Certificate of Service part of the record indicating service of the Complaint (subsequent to service by Sheriff of original process of Writ of Summons) by regular mail on the Defendant, Erica Pennello, on April 20, 2004, as allowed under Rule 440(a) and 440(b). The Complaint mailed on March 31, 2004 by certified mail was returned and marked "unclaimed" (see copy of envelope attached). Respectfully submitted, v Date:--1JpJJdo) ax}'f Richard S. Friedman, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SHANON MYERS, v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on April 20, 2004, I served a copy of the Complaint (subsequent to service by Sheriff of original process of Writ of Summons), by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Erica Pennello 114 East Burd Street Shippensburg, PA 17257 //'} FRIEDM,fiN"& IDNG, P.C. // If i.... Richard S. Friedman, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 I,.~ ,,.;_,:~,'=;.> j r:- ~ . I :; ~ I ..1 '1 o p.. 6 ~. ~ Z<I-<~ Z H....:lUlM<l'~ ~~~~:g~ o '" ~ "''' r:l M Z ~"lga3~ z~z=oA. <~o~p.;g ~<:i5A. ~ ~ '" 1<1 Ii! 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ORIGINAL SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Erica Pennello, in the above-captioned case. MARSHALL, DEl\INEHEY, WARNER, COLEMAN & GOGGIN ~--- .. BY: S P N J. BARCA V AGE, ESQUIRE . . No. 78867 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3506 Attorneys for Defendant DATE: Sll~lb4- CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 1:b1'l--. day of May, 2004, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid. as follows: Richard S. Friedman, Esquire FRIEDMAN & KING, P.c. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, P A 17108 ~~MLftL. ~~~ SUSAN M. WILLIAMS t.~ ~i: --ni:';, \~), u) '~h Z _-i -'- ~ c'-' ~ -,~ =:."" ::..: - -. .r:- o -n ~,:n rtr-:: -Of" -0<7 b,b --1 r,. r~~4"\ 7~f (~:1 'i~\"\' ~ ~il -0 -- -"''' ~ o -' to SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Shanon Myers. Plaintiff c/o Richard S. Friedman, Esquire FRIEDMAN & KING, P.C. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PAl 71 08 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff's Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: J ~RCA V~~. tSQUIRE LD. No. 8867 4200 Crums Mill Road Harrisburg, P A 17112 (717) 651-3506 DATE: Attorney for the Defendant SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, ERICA PENNELLO, TO PLAINTIFF'S COMPLAINT NOW COMES Defendant, Erica Pennello, by and through her attorney, who files this response to Plaintiffs Complaint and answers the Complaint as follows: I. Denied. Plaintiff currently resides at 448 Walnut Bottom Road, Shippensburg, PA 17237. 2. Denied. Defendant currently resides at 448 Walnut Bottom Road, Shippensburg, PA 17237. 3. Admitted. 4. Admitted. 5. Denied. Defendant was not traveling 75 miles per hour. By way of further response. Defendant, at all relevant times, was traveling approximately 70 miles per hour. 6. Denied. Paragraph 6 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 6, and therefore, the same anl denied with strict proof thereof required at trial. COUNT I SHANON MYERS v. ERICA PENNELLO NEGLIGENCE 7. Defendant hereby incorporates by reference her answers to Paragraphs 1-6 as if fully set forth herein. 8. a) - g) Denied. Paragraph 8 (a) - (g) is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. 9. Denied. Paragraph 9 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 9, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to which no response is required. therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 10, and therefore, the same are denied with strict proof thereof required at trial. II. Denied. Paragraph II is denied in that the same contains conclusions of law to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 11, and therefore, the same are denied with strict proof thereof required at trial. 12. Denied. Paragraph 12 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 12, and therefore. the same are denied with strict proof thereof required at trial. 13. Denied. Paragraph 13 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 13, and therefore, the same are denied with strict proof thereof required at trial. 14. Denied. Paragraph 14 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believ(: as to the truth of the allegations contained in paragraph 14, and therefore, the same are denied with strict proof thereof required at trial. 15. Denied. Paragraph 15 is denied in that the same contains conclusions oflaw to which no response is required, therefore. strict proof is required at trial. By way offurther response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 15, and therefore, the same are denied with strict proof thereof required at trial. 16. Denied. Paragraph 16 is denied in that the same contains conclusions oflaw to which no response is required, therefore, strict proof is required at trial. By way of further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the allegations contained in paragraph 16, and therefore, the same mre denied with strict proof thereof required at trial. WHEREFORE, Defendant, Erica Pennello, respectfully requests judgment in her favor and against the Plaintiff together with such other costs this Honorable Court deems appropriate. NEW MATTER 17. Defendant hereby incorporates by reference his answers to Paragraphs 1-16 as if fully set forth herein. 18. Plaintiff's claims are barred by the applicable statute of limitations. 19. Plaintiff has failed to state a cause of action upon which relief can be granted. 20. Plaintiff's claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiff's alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 22. Any and all injuries and or damages as described in Plaintiff's Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 23. Plaintiff's claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 24. Plaintiff's claims are derivative in nature and are barred as a matter oflaw. 25. Defendant breached no duty of care owed to Plaintiff under the circumstances. 26. Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 27. Plaintiff's claims are barred and/or limited by the: applicable provisions of the Pennsylvania Worker's Compensation Act. 28. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 29. Plaintiff's Complaint and/or claims are barred by Plaintiff's selection oflimited tort on the applicable automobile insurance policy as set forth by 75 Pa.C.S.A. 9 I 705. WHEREFORE, Defendant, Erica Pennello, respectfully requests judgment in her favor and against the Plaintiff together with such other costs this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: ./ P N J. BARCA V AGE, ESQUIRE J.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 ) Attorneys for Defendant Erica Pennello VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New rvIatter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents ofthe Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~.~..~/ .........., . / BY. . E CA . NNELLO DATE: 51lQl0'-1 CERTIFICATE OF SERVICE I, Angela Zilla, an employee with the law firm of Marshall, Dennehey. Warner, Coleman & Goggin, do hereby certify that on this Z ~ f"by of May, 2004, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid. as follows: Richard S. Friedman, Esquire FRIEDMAN & KING, P.C. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, P A 17108 2' l'th- 0 "> ~ (;;::;3 ~ C~ , ~- l:.:'i ,,- -l ~~,~ ~TJ -- , ""D:-n :r"y () - -~.,(J -n X -Ti _,1; () -q ( :~() , C;;l cjrn ..::. ._n_I -~< -.'-> -(' ~~--. -.l ...,-: Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SHANON MYERS, v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CIVIL ACTION - LAW ENTRY OF APPEARANCe Kindly enter my appearance on behalf of the above-captioned Plaintiff, Shanon Myers. Respectfully submitted, D,~I-S-;~ ohn . 'ng, EsqUIre o . Second Street Pe ouse Suite P. O. Box 984 Harrisburg, P A 171 08 (717) 236-8000 (") ~~~ '" C::;:l = o -n =::2:rJ n1c: -O,Tl 'T,U S:~~~ e21P "';h~ ~:'-, "-,,; :).) -< L c: en f"....' co,) co SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND' COUNTY,PENNSYLVAN[A v. NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, Shanon Myers, by and through her attorney, who files this Reply to Defendant Erica Pennello's New Matter, and avers as follows: 17. Paragraphs I through 16 of Plaintiff s Complaint are incorporated herein by reference as though more fully set forth at length. 18. The averments contained in paragraph 18 ofthe Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. By way of further reply, the incident in question occurred on March 13, 2002. The Writ of Summons which effectively tolled the running of the statute ofliimitations was filed January 23, 2004. and served upon the Defendant on January 28,2004. 19. Theaverrnents contained in paragraph 19 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. 20. The averments contained in paragraph 20 ofthe Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. 21. The averments contained in paragraph 21 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore:, strict proof is demanded at trial. By way of further reply, it is specifically averred that the acts and omissions on the part of the Defendant were the substantial and contributing factors in bringing about Plaintiffs injuries and damages. 22. The averments contained in paragraph 22 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore:, strict proof is demanded at trial. By way of further reply, the Plaintiff was a passenger in the vehicle operated by the Defendant, and it is specifically denied that any acts or omissions on the paJrt of the Plaintiff contributed in any way to the injuries or damages as described in Plaintiff's Complaint, and proof thereof is therefore demanded. 23. The averments contained in paragraph 23 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefon:, strict proof is demanded at trial. 24. The averments contained in paragraph 24 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. 25. The averments contained in paragraph 25 ofthe Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. Byway of further reply, it is averred that the Defendant was the driver of the vehicle in which the Plaintiff was a passenger, and it is further averred that the Defendant clearly breached her duty of care when the Defendant lost control of said vehicle. 26. The averments contained in paragraph 26 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefon:, strict proof is demanded at trial. By way of further reply, the Plaintiff was a passenger in the vehicle operated by the Defendant, and it is specifically denied that the Plaintiff was in any way negligent. 27. The averments contained in paragraph 27 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. By way of further reply, it is averred that at the time of the incident in question, the Plaintiff and Defendant were students at Shippensburg University and were returning from a pleasure trip, along with several other students, which they had made to the Slate of Florida. It is further averred that at the time of the incident, the Plaintiff was not acting in a work capacity, nor was the Plaintiff employed by the Defendant or a common employer of the Defendant. 28. The averments contained in paragraph 28 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. By way of further reply, it is specifically denied that the Defendant, at all times material hereto, acted in a safe, legal and non-negligent manner, and proof thereof is therefore demanded. 29. The averments contained in paragraph 29 of the Defendant's New Matter are a conclusion of law to which no response is required. Therefore, strict proof is demanded at trial. By way of further reply, full tort was selected on the applicable automobile insurance policy as set forth by 75 Pa. c.s.A. 91705. See Declaration Page attached hereto as Exhibit "A". WHEREFORE, Plaintiff, Shanon Myers, seeks damages from the Defendant, Erica Pennello, in an amount in excess of $25,000.00. exclusive: of interest and costs, and therefore not bound by compulsory arbitration. Respectfully submitted, Date:~ if'3/J:iN k/p:pleadings\myers.rep VERIFICATION I, Shanon Myers, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Reply to New Matter; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ n I()c:nY I ERIE ,.uil INSURANCE Cs GROUP , ~ lOOEllelMS,PI .ERIE e:'ICl, PA 165.30 . ,.;, .:: 'j~:;:~!l!~H;~t.~~!!i'J~~E~~~~;;:.~)!;!n,~~~~::;~t :,:~:C;):;.:.!:;:;~) .~'r:r;: iii:,';~)')!,O~~:~TI~~~;J:;i~~}::\.!':.'if !,:.i::;.~i:::y\;:' 0;:;:~'~~:i::;:.i,~:';:!~i!~~t.:iifj:.;:~r;~j::!~{:,::~<ii;:';~.:ii~:i;;:~" i;~:,~:::r ,,~~~:'C~~:V. I RIE I Y PIONEER FAMILY AUTO POLICY AMENDED DECLARATIONS 01 * * EFFECTIVE 01/03702 ATTACH THIS TO YOUR POLICY, REASON FOR AMENDMENT - AT SCHOOL/COLLEGE STUDENT RATXNG APPLIED .. . AA 50'7''''''''RONALD' 'I:''''s!i'INErt'' ....,.. ,,,., "'0'1'0:3 0 2" . T~ ;Yo"'ri~ 1~~"rQO~';"3~~~ 51~"~:;;" . . . ',. :', ." . :;,~~~.g;HhHIN.I"I:t1mn , . SHANON A MYERS 1816 HUNTER DRIVE MECHANICSBURG PA 17050-1605 AGENT - RONALD L SHINER AGENT PHONE - (717) 766-1200 ITEM 4. AUTOS COVERED AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 90 HOND CIVIC DX IHGED3546LA073932 PA 4F EI2-M 020 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL ~REIt4IUMS ARE AS FOLLOWS- #! 1001 S. MARKET STREET SUITE C MECHANICSBURG PA 17055 4748 --- THE FULL TORT OPTION APPLIES TO ALL PRIVATI;: PASSENGER VEHICLES. --- LIABILITY PROTECTION- ~~8~~~TfNrl~~G~1~~~6~~~egN $300M/ACC ~~~ FIRST PARTY BENEFITS- MEOICAL EXPENSE $10M 87 INCOME LOSS S1M/M~NTH, $15M MAXIMUM 34 ACCIDENTAL DEATH . 5M 3 UN1M~~~~g ~~~~~i~T~ ~8~ERAGE- 3 BOD INJ S100M7PERSON S300M~ACC-STACKED 22 UNDERINSURED MOTORISTS COVER GE- BOD INJ $100M7PERSON 5300M ACC-STACKED 113 TOTAL ANNUAL PREMIUM FOR EACH AUTO 792 TOTAL ANNUAL POLICY PREMIUM 5 792 PREMIUM REDUCTION DUE TO THIS CHANGE $ I62CR ITEM 6. APPLICABLE,POLICY~ E~DORSEMENTS~ eXCEPTIONS TO DECLA~ATIONS ITEMS ALL AUTOS - FAP 04,/,,97, UFd06 05701/ AFt"NOl 10798, AFPA03 10/98. AUTO 1 - AFPU01 04 99. :OLLEGE STUOENT DISCOUNT APPLIED AUTO 1 'ASSIVE RESTRAINT DISCOUNT APPLIES - AUTOMATIC BELTS AUTO I EXPLANATION OF ADULT &/OR YOUTHFUL DRIVER RATING CLl~SS AUTO I-OWNER/PRINCIPAL DRIVER AGE 22 (SEE AEVEAse SIDE) RETURNED CHECK ~eES WI~~ Eli Aggie TO YOUR ACCOI.INT N AGTDCS 12/19/0), . . .' '," " "J.'~';I';'i":"';!i~"J.~.~:.:.~./i.::(.;:i~:;':':'I'ii?;';!Mf~,'~ :i'~I:,j~~:f:~~::':~::~I",:,~J."'I!'<;';".l'I;::Pj. i~'~i$~:~:~:!~:.)~:,:I!,(!~.j:~iH:=.i,:':;"h. ,:.,~:,:~ :..w,:":,,I:'II~:..!il!:!,!~:!"{<I';~~\:i.T.Ji~~',;~~,(..t;: ~ ,.:: :'..' '" ':, 'I)': : :', . f ce;.';-H - iNVoicE"" 'AGENT - prease reiur;, this portion w[ii'y"our PoTicyhoildei;;; rerriittance " - " - - - - - - - O~T-;'C" 1 AGeNT IA7507 RONALD L SHINER ;HANON A MYERS ,816 HUNTER DRIVE ffiCHANICSaURG FA 17050-1605 POUC'l' NUMBER Q01 5304517 H DATE DUE 01-03-02 8'=8~=B~ 10-03-02 P,AVMENT DUE 198.00 ~8i:88: 201. 00* Pfl,. YMENT PLAN D j;NT1!!RANY D PAY p~N.... CHANGE HERE * INCLUDES 53.00 SERVICE CHARGE ERn, INSURANCE GROUP PLEASE 00 NOT W~ITe BELOW THI5 UNf ~ \ 10(1 Erielneur.n.. Pl.... EAIE. PA 16530 -010175070153045170221600000001-001980000080100- . . , " SHANON MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CIVIL ACTION .. LAW CERTIFICATE OF SERVIC.E[ I, John F. King, Esquire, hereby certify that on June 23,2004, I served a copy of the within Plaintiff's Reply to New Matter, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17U2 17108 . , 0 ......, C (7'_:1 0 c.:) .,L.-. " '- ~ -,~ ( ,'- r,l ,--, ~ 9 - C"\ ::s , , ) C) ~,l ) ;--;1 I -' r',,) ORIGINAL 06094002 COMMONWEALTH OF PENNSYLVAJUA COUNTY OF CUMBERLAND SHANON MYERS VS. PLAINTIFF/S COURT 0]' COMMON PLEAS ERICA PENNELLO NO. 04-318 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/07/04 ~ ~iEN J. BARCAVAGE, ESQ. ATTOllliEY FOR DEFENDANT 01226-00927 1554339190 NVT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 06094002 12/24/04 SlIANON MYERS VS. PLAINTIFF/S COURT OF COMMON PLEAS ERICA PENNELLO NO. 04-318 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PUFlSUANT TO RULE 4009.21 TO: RICHARD S. FRIEDMAN, ESQ. FRIEDMAN & KING P.O. BOX 984 HARRISBURG PA 17108 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CLARENDON MEMORIAL HOSPITAL GOOD HOPE FAMILY PHYSICIANS DR. JASON LITTON ORTHOPEDIC INSTITUTE OF PA DR. PAUL J. .JULIANO, M. D. MILTON S. HERSHEY MEDICJlL CENTER SHIPPENSBURG HEALTH SERVICES FARRELL PLASTIC SURGERY & LASER CENTER MILTON S. HERSHEY MEDICAL CENTER DR. SANJIV NAIDU DR. ERIC R. GEORGE, M.D. HAND REHABILITATION CENTER PINNACLE HEALTH HOSPITAL AT POLYCLINIC THE CHAMBERSBURG HOSPITAL WEST SHORE SURGERY CENTER GIANT FOOD STORE, INC. DATE: 6/10/04 STEPHEN J. BARCAVAGE, ESQ. MARS1~LL, DENNEHEY. WARNER, COLE!1lAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17110 ATTOlillEY(S) FOR DEFENDANT . CXMfJNWEALTH OF PmNSYLVJ\NIA <XX.lNrY OF ClJMBFmANo 06094002 12/24/04 SHANON MYERS RUSH VB. Court of Common Pleas 04-318 File No. ERICA PENNELLO SUBPOENA TO PHQOtX:E oo::u-ENTS OR TH I NGS FOR 0 I ~RY PURSUANT TO RUl.E 4009.22 MEDICAL RECORDS DEPARTMENT CLARENDON MEMORIAL HOSPITAL 10 HOSPITAL ST. TO: P.O. BOX 550 MANNING SC 29102 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, YOU are ordered by the COUrt to . SEE ATTACHED ADDENDUM produce the fOllOWing documents or thlngs: atRECORD. COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of canpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. If YOU fail to produce the documents or things requlired by this subpoen~ within twenty (20) days after its service, the party serving this subpoena rray seek a court order ccrnpellir;g you to canply with it. TI-iIS SUBPOENA WAS ISSUED AT THE REQUEST OF IHE FOlLCWING PERSON: ^~ STEPHEN J. BARCAVAGE, ESQ. N",,,,,: ADDRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 SUPREI'E CXlUlT I D # ATTORNEY FOR~EFENDANT DATE: {( d.06 eal of the Court , ISSUED ON: 7/7/04 BY~~. T: p . - IA L/1 Prot - Civil Divis ion Deputy (Eff. 7/97) 'J-.O. 04'-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG. PA, DOB 10/24/79, SSN 173-64-7640) , I 06094002 12/24/04 CCM1:lNWEIu.TH OF PENNSYLv.I\NIA <XXlNrY OF aJM8ERLAND RUSH SHANON MYERS vs. Court of Common Pleas 04-318 Fi Ie, No. ERICA PENNELLa SlJ6POENA TO PBOOlX;E !:!OCLt1ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 CUSTODIAN OF THE RECORDS OF GOOD HOPE FAMILY PHYSICIANS 1830 GOOD HOPE RD. TO: ENOLA PA 17025 (Ncrne of Person or Entity) Within twenty (20) days after service of this subpoena, YOU are ordered by the COUrt to SEE ATTACHED ADDENDUM produce the fOllOWing documents or things: at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docurrents or produce things requested by this subpoena, together with the certificate of corrpIiance, 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 docunents or things required by this subpoen3, within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carpellir;g you to COTply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLCW I NG PERSON: STEPHEN J. BARCAVAGE, ESQ. NAt'E : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RE1-E CCun 10 # ATTORNEY FOR: DEFENDANT DATE: Ie ~06 S al of the Court ISSUED ON: 7/7/04 B~THE <XX.JRT: ) y; AA 1 J..-~1 ~nH Prothonot .. ~&.-.t Q- l ~ Division Deputy (Eff. 7/97) NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS. MRI'S. CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) 06094002 12/24/04 ~TH OF PENNSYLVl\NIA COUNl'Y OF aJM8ERLAND RUSH SHANON MYERS vs. Court of Common Pleas 04-318 File No. ERICA PENNELLO SU8!'OENA TO PBQOlX;E QQQ..t-ENTS OR "TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. JASON LITTON ORTHOPEDIC INSTITUTE OF PA TO:875 POPLAR CHURCH RD. S-300 CAMP HILL PA 17011 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, YOU are ordered by the COUrt to . SEE ATTACHED ADDENDUM produce the Following docunents or thlngs: atl.E~ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300" PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpOena, together with the certificate of carpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. I f yOU fai 1 to produce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving th'is subpoena rray seek a court order carf>ellir;g YOU to COTply with it. TIiI S SUBPOENA WAS I SSUED AT "THE REQUEST OF il-tE FOLlCW r NG PERSON: ~TEPHEN J. BARCAVAGE, ESQ. ADDRESS : TElEPHONErOR INFORMATION: (215) 241-5858 SU'REI'E COJRT I D # ATTORNEY FoRfFENDANT DATE: Division ~ Deputy (Eff. 7/97) , NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL, REPORTS, NOTES, MEMOS. LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST.. SHIPPENSBURG, PA. DOB 10/24/79, SSN 173-64-7640) 06094002 12/24/04 SHANON MYERS ~TH OF PENNSYLVl\NIA ~ OF 0JMBmrAN0 RUSH vs. Court of Common Pleas 04-318 Fi Ie No. ERICA PENNELLO Within twenty (20) days after service of this subpoena, YOU are ordered by the court to . SEE ATTACHED ADDENDUM produce the fOllowing documents or thlngs: atRECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible COpies of the docunents or produce things requested by this subpoena, together with the certificate of canpliance, 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. I f yOU fail to produce the docunents or things requjired by this subJJOen']. within twenty (20) days after its service, the party serving this subpoena rray seek a court order c:arpel1ir;g YOU to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOlLCWING PERSON: NAMEpTEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE!OR INFORMATION: (215) 241-5858 ~RE1-E cn.m- I D # ATTORNEY FORREFENDANT DATE:j"~(1 dfJry; Seal of the Court ISSUED ON: 7/7/04 Btr:~ i)~ , prothono1c,iY/ lerk{ C vil -j~ ~f..J / - Division Deputy (Eff. 7/97) . NO. 004-318 ADDENDU!II TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS. MRI' S. CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) -' " 06094002 12/24/04 SRANON MYERS <XlfoMlNWE:ALTH OF PENNSYLV1\NIA <XXJNrY OF 0lMBERLAND RUSH vs. Court of Common Pleas 04-318 File No. ERICA PENNELLO SUBPOENA TO PR9OlX:E QQCl.IoENTS OR 1li I NGS FOR D I srovERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF SHIPPENSBURG HEALTH SERVICES 46 WALNUT BOTTOM RD. TO: SHIPPENSBURG PA 17257 (N<rne of Person or Ent ity) Within twenty (20) days after service of this subpoena, YOU are ordered by the court to . SEE ATTACHED ADDENDUM produce the fo I lowing docunents or th 1I1gs: at ~ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this sUbpOena, together with the certificate of canpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonable cost of preparing the COPies or producing the things sought. I f you fai 1 to produce the docunents or things requ,ired by this subpoen'l within tWent.y (20) days after its service, the party serving this subpoena rray seek a court order carpellir;g YOU to canply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLQI/ I NG PERSON: STEPHEN J. BARCAVAGE, ESQ. NAfoE : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 StJ'REt-E cn.JRT I D # ATTORNEY FOR pEFENDANT DATE: BYc!:~. T: o .-r' "'\A..L(]_ prot~~/ Division Deputy (Eff. 7/97) . NO. 04-318 ADDENDUM TO SUBPOENA 05094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS. X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS. AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-54-7540) <nMlNWEALTH OF P~VlINIA <XlUNrY' OF C1lMBERIAND " 06094002 12/24/04 . - SHANON MYERS RUSH Vs. Court of Common Pleas 04-318 File No. ERICA PENNELLQ SUBPOENA TO PRQQlX:E ~NTS: OR "TH I NGS FOR D I StX>VERY PURSUANT TO RULE 4009. 22 CUSTODIAN OF THE RECORDS OF Y PKWY S-204 FARRELL PLASTIC SURGERY & LASER CENTER 2025 TECHNOLOG . TO:MECHANICSBURG PA 17050 (Ncrne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to th . SEE ATTACHED ADDENDUM produce the fo II ow i ng docunents or lngs: atRECORD _ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300" PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the doctm:!nts or produce things requested by this subPDena, together with the certificate of ccrnpliance, 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 docunents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena rray seek a court order c:arPe II ir;g you to CClTp Iy with it. "THIS SUBPOENA WAS ISSUEO AT "THE REQUEST OF THE FOLlCWING PERSON: NAMEpTEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE,FOR INFORMATION: (215) 241-5858 SU>REr-E eX:UlT I D # ATTORNEY FORREFENDANT DATE: (( d..J:sG eal of the Court ISSUED ON; 7/7/04 BY c!: c:coo:r: 1-1 L<:t [' Prothono1:rr / J~ /J l ' Division Deputy (Eff. 7/97) . - NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) SHANON MYERS ~TH OF P~Vl\NIA R'. 'lJ~H. , ClXJN1'Y OF' 0lMBERLIIN0 .~. iJ!. " ~.~.f' . i:? "< ~. ~ ,:,.oAl'l 06094002 12/24/04 vs. Court of Common Pleas 04-318 Fi Ie No. ERICA PENNELLQ SUBPOENA TO PBQOlX:E QQc:::U1:NTS OR TH I NGS FOR 0 I ~RY PURSUANT TO RUl..E 4009. 22 MEDICAL RECORDS DEPARTMENT MILTON S. HERSHEY MEDICAL CENTER 500 UNIVERSITY DR. TO: P.O. BOX 850 HERSHEY PA 17033 (N<rne of Person or Entity) Within twenty (20) days after service of this sub~'a. you are ordered by the COUrt to th . SEE ATTACHED ADDENDUM produce the fo II owi ng docunents or 1ngs: at~ COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the doct..m~ts or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonab Ie cost of preparing the COPies Or producing the things sought. If YOU fail to produce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving this subpoena rray seek a court order CQJl)e 11 ir;g YOU to ccrrp Iy with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PIERSON: STEPHEN J. BARCAVAGE, ESQ. NAME: ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241 5858 5U>RB'-E ~T 10 # ATTORNEY FORpEFENDANT DATE: I C4L-- I( ~D6 { a I of the Court ISSUED ON; 7/7/04 Deputy (Eff. 7/97) NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SRANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS. MRI'S. CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SRANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA. DOB 10/24/79, SSN 173-64-7640) SHANON MYERS Cl::MfJNWEALTH OF PEllNSYLVJ\NIA COUNN OF alMBERJ:ANn l~ 06094002 12/24/04 RUSH Vs. Court of Common Pleas 04-318 File No. ERICA PENNELLQ SUBPOENA TO PBOOU::E; QQQ..M:NTS OR TH I NGS FOR D I ~RY PURSUANT TO RUlE 4009.22 CUSTODIAN OF THE RECORDS OF DR. SANJIV NAIDU AND HAND & UPPER EXTREMITY INSTITUTE TO' P.O. BOX 850 MC HU24 ~ tt~K~n~r ra 175))-6858 (N<rre 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: SEE ATTACHED ADDENDUM at RECORD. COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docul1E!nts or produce things requested by this subpOena, together with the certificate of carpliance, to the party making this request at the address I isted above. You have the right: to seek in advance the reasonab Ie cost of preparing the COpies or producing the things sought. If yOU fail to produce the docunents or things required by this SUbDOen'l within twel1ty (20) days after its service, the party serving this sub~)a ~y seek a court order carpe 11 ir:g you to CClTp Iy with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOlLo.Y I NG PERSON: NAI"E:STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 8U>REI'E ~T I D # ATTORNEY FORl?EFENDANT ~ {L ,l(5U a I of the Court SSUED ON; 7/7/04 Byr: ~,-: ..~ Prothono ~ary . Division DATE: Deputy (Eff. 7/97) NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SRANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS. INCLUDING LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS. AND MEDICAL BILLS CONCERNING SRANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) SHANON MYERS <XMOlWEALTH OF PmNSYLVl~ <nmrY OF ClJMBERrANo N 06094002 12/24/04 RUSH vs. Court of Common Pleas 04-318 Fi Ie No. ERICA PENNELLQ TO: SUBPOENA TO PBOOtJa: ~NTS OR TI-i I NGS FOR DISCOVERY PURSUANT TO RULiE 4009. 22 CUSTODIAN OF THE RECORDS OF <' DR ERIC R. GEORGE, M.D. AND HAND SURGICAL ASSOCIATE., 4228 HOUMA BLVD. S-600B METAIRIE LA 70006 (NMle of Person or Entity) Within twenty (20) days after service of this sub~la. YOU are ordered by the COUrt to . SEE ATTACHED ADDENDUM produce the fo 1101'1 i ng docunents or th lngs : O HN F KENNEDY BLVD., S-300, PHILADELPHIA, PA. at RECORD COpy SERVICES, 188 JO . You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of C011p1iance. 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. (Address) I f yOU fai I to ;:>roduce the docunents or things requi'-ed by this subpoen3, within twenty (20) days after its service, the party serving this Subpoena Il'aY seek a court order =rPellir;g YOU to carply with it. Tl-fIS SUBPOENA WAS ISSUED AT TI-iE REQUEST OF THE FOllC/,f{ING PERSON: NAME,STEPHEN J. BARCAVAGE, ESQ. ADDRESS : TELEPHONE: FOR INFORMATION: (215) 241-5858 SU"REr'E ~T I D # ATTORNEY FOR pEFENDANT (~~ OA IT, -ji.4L--fL J.glj f ea I of the Court : ISSUED ON: 7/7/04 Division Deputy (Eff. 7/97) NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS. INCLUDING LAB REPORTS. X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA. DOB 10/24/79, SSN 173-64-7640) SHANON MYERS <nf.ONWEALTH OF PENlSYLW\NIA <XXlNTY OF 0lMBERLAND N 06094002 12/24/04 RUSH vs. Court of Common Pleas 04-318 Fi Ie No. ERICA PENNELLa SUBPOENA TO PRQDLCE QQQ.H:NTS OR TIi r NGS FOR DISQ)VERY P~SUANT TO RUlE 4009.22 CUSTODIAN OF THE RECORDS OF HAND REHABILITATION CENTER 4300 HOUMA BLVD. S-307 TO:METAIRIE LA 70006 (N<rne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to th . SEE ATTACHED ADDENDUM produce the fOllowing docunents or 1I"Igs: 80 HN F KENNEDY BLVD., S-300, PHILADELPHIA, PA. atRECORD. COpy SERVICES, 18 30 . (Address) You may deliver or mail legible copies of the docunemts or produce things requested by this subpOena, together with the certificate of ccnpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonab Ie cost of preparing the COPies or producing the things sought. r f yOU fai 1 to produce the docunents or things required by this subpoen" within twenty (20) days after its service, the party serving this subpoena Il'ay seek a COUrt order compellir:g you to ccmply with it. TIiIS SUBPOENA WAS ISSUED AT TIiE REQUEST OF il-IE FOlLCWING PERSON: NAME~TEPHEN 3. BARCAVAGE, ESQ. ADDRESS: TELEPHONE!OR INFORMATION: (215) 241-5858 SLPREt-E a:urr I D # ATTORNEY F~FENDANT DATE: Division Deputy (Eff. 7/97) NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS. X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES. MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG. PA. DOB 10/24/79. SSN 173-64-7640) SHANON MYERS ~TH OF PENNSYLV}l~ COUNrY OF 01MBERLI\N[) N 06094002 12/24/04 .' _rlT' R. U~,'1 ~iJ.. vs. Court of Cornman Pleas 04-318 File No. ERICA PENNELLO SUBE'OENA TO PBQQu::E QQCU1E:NTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT PINNACLE HEALTH HOSPITAL AT POLYCLINIC 2601 N. THIRD ST. TO: HARRISBURG PA 17110-2098 (Name of Person or Entity) Within tWenty (20) days after service of this subpoena, YOU are ordered by the COUrt to SEE ATTACHED ADDENDUM produce the fOllOWing docunents or things: at ~Rp COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunelnts or produce things requested by this subpoena, together with the certificate of ccnpliance, 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 subpoen~ within twenty (20) days after its service, the party serving this subpoena rray seek a court order carpel1ir;g you to carply with it. TH I S SUSPOENA WAS I SSUED AT THE REQUEST OF THE FOLLo.v I NG PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlJ'REM: COJRT I D It ATTORNEY FOR:DEFENDANT DATE:~~/{C .lou'f , Sea I of the Court ISSUED ON; 7/7/04 BYr:M~ f2.:t~ prothonotry/, lerk'L{ivi I Division . ~..h- ' Deputy (Eff. 7/97) , NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X'.RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER wrTH ALL REPORTS, NOTES, MEMOS, LETTERS. AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79. SSN 173-64-7640) SHANON MYERS CCMolJNWEALTH OF PmNSYLVl'lNIA COUNl'Y OF aJMBEmANo .- 06094002 12/24/04 ~~B .m~,., c;~_"('j!:lO ~i'1. ..:',;.')0,.-,. '~~.. ';"; ~"l,..:~ -~~ 'ii.~ _ ",_ ~~>l" :'~:J "" ~-.,.,..,."t;? ;1;,;" .-~ >if, ",' "':, '-:.. ., ........... '" ,,,_ i ~~" vs. Court of Common Pleas 04-318 File No. ERICA PENNELLO SUBPOENA TO PBQQo::E ~NTS OR TH I NGS FOR D I SCO'IERY PURSUANT TO RUlIE 4009.22 MEDICAL RECORDS DEPARTMENT THE CHAMBERSBURG HOSPITAL 112 N. SEVENTH ST. TO: CHAMBERSBURG PA 17201 (Ncrne of Person or Ent ity) Within twenty (20) days after service of this subpoena, YOU are ordered by the COUrt to h . SEE ATTACHED ADDENDUM produce the fOllowing documents or t lngs: at RECORp COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docune.,ts or produce things requested by this SUbpOena, together with the certificate of ccrrpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the COpies Or producing the things sought. If you fail to produce the docunents or things requil-ed by this subpoen~ within twenty (20) days after its service, the party serving thi,; subpoena Il'aY seek a court order COTPel1ir;g YOU to ccrrply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllGWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADORESS : TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREi"E D:OlT I D # ATTORNEY FOR:DEFENDANT DATE:jL~ /( J../j6'; eal of the Court . ISSUED ON ; 7/7/04 Division Deputy (Eff. 7/97) NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) .. 06094002 12/24/04 SHANON MYERS CDM:lNWEI\LTH OF PmNSYLVlINIA <XX1m'Y OF 0lMBERLAND RU~~ fI...,.,S ...~~ }"..~\, ,. ',.' w",",') vs. Court of Cornman Pleas 04-318 Fi Ie No. ERICA PENNELLa SUBPOENA TO PRQOl.CE QC::QJ1ENTS OR 11i I NGS FOR DISCOVERY PURSUANT TO RUlE 4009.22 CUSTODIAN OF THE RECORDS OF WEST SHORE SURGERY CENTER 2015 TECHNOLOGY PKWY. TO: MECHANICSBURG PA 17050 (Name of Person or Entity) Within twenty (20) days after service of this subpoe,a, YOU are ordered by the COUrt to . SEE ATTACHED ADDENDUM produce the fOllOWing documents or thlngs: at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpOena, together with the certificate of carpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the COPies or producing the things sought. If YOU fail to produce the docunents or things requ,ired by this subpoen'il within twenty (20) days after its service, the party serving this subpoena Il'ay seek a court order oompellir;g YOU to ocmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOlLONING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. AlXlRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlN'Re-t: ~T I D # ATTORNEY FOR:DEFENDANT DATE: B~ CCAJRT: t f };/1 Prothonot , Division Deputy (Eff. 7/97) -. . NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS, ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SHANON A. MYERS (304 N. FAYETTE ST" SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) SHANON MYERS CDM:lNWEI\LTH OF PmNSYLVlINIA <XX1m'Y OF 0lMBERLAND N 06094002 12/24/04 _~..F RUSH vs. Court of Cornman Pleas 04-318 File No. ERICA PENNELLa SUBPOENA TO PRQQUCE ~NTS OR 11i I NGS FOR DISCOVERY PURSUANT TO RUl..E 4009.22 Within twenty (20) days after service of this SUbpoela, you are ordered by the COUrt to th . SEE ATTACHED ADDENDUM produce the fo I lowing documents or 1ngs: at~. COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docun.~ts or produce things requested by this subpOena, together with the certificate of C01rpliance, to the party making this request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the COPies or producing the things sought. If YOU fail to produce the docunents or things required by this subpoen'il within twenty (20) days after its service, the party serving this subpoena Il'aY seek a court order oompellir;g you to ocmply with it. THIS SUBPOENA WAS ISSUED AT 11iE REQUEST OF THE FOllONING PERSON: NAME:STEPHEN J. BARCAVAGE, ESQ. AlXlRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 SlN'Re-t: ~T I D # ATTORNEY FORpEFENDANT DATE: lvr.\..L. !( clu() f I of the Court UED ON : 7/7/04 Division <. Deputy (Eff. 7/97) ...-f', NO. 04-318 ADDENDUM TO SUBPOENA 06094002 12/24/04 SHANON MYERS VS. ERICA PENNELLO ANY AND ALL EMPLOYMENT RECORDS, INCLUDING W-2'S, 1099S, PAYROLL RECORDS, PERFORMANCE EVALUATIONS/REVIEWS, SICKNESSES OR ILLNESSES, DISCIPLINARY ACTIONS, MEMOS, LETTERS, HANDWRITTEN NOTES AND MEDICAL REPORTS REGARDING SHANON A, MYERS (304 N. FAYETTE ST., SHIPPENSBURG, PA, DOB 10/24/79, SSN 173-64-7640) CERTIFICATE OF SERVICE I, Susan M. WiIlianls, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I~~ day of July, 2004, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Richard S. Friedman, Esquire FRIEDMAN & KING, p,c. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PAl 71 08 LJtJ~ SUSAN M, WILLIAMS f' o (^_. C', ~,:-~ -< ....., C:) C_-=> .>-- <- ~:; C) -fl :r:D \'"Tlr- -OrB -::J , ~~1(~~ (~"~~ ';:-' "'T) '. r::.' f.....) C} "":;] :.< SHANON MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CIVIL ACTION - LAW PRAECIPE Kindly file the attached Stipulation, and so mark the record. Respectfully submitted, Date:(x ~I )JiDY I .}h F. King, Esquire ~OO . Second Street thouse Suite P. O. Box 984 Harrisburg, P A 171 08 (717) 236-8000 SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED STIPULATION TO AMEND DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, through her counsel, hereby stipulates to withdraw the following allegations from Defendant's New Matter: Paragraphs 18,23,24,26,27 and 29 are hereby withdrawn. ~ARCAVAGE' E~QUIRE Attorney for Defendant DATE: O~)?d;'f SHANON MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-318 Civil Term ERICA PENNELLO, Defendant : CNIL ACTION - LAW CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on October 1, 2004, I served a copy of the Praecipe, by depositing Sanle in the United States Mail, first class, postage prepaid, addressed as follows: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 L/'/ ," J hn . KingfS " 'ire 6 0 . Second 'treet Penthouse Su' P. O. Box 9 4 Harrisburg, PA 17108 (717) 236-8000 '"" C':::l c:::, ~- c::: c) -< 1 () '-n .-, ::T:' , I i l__.~.l r--' '"nll) ~,jC) ()). ---! ~.,.) JjH.; ~t:~; :..;:) -< -.r:1 (~) C'j -I 09145009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHANON MYERS PLAINTIFF/S COURT OF COMMON PLEAS VS. ERICA PENNELLO NO. 04-318 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COpy OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 10/13/05 ~~CAVAGE' ESQ. ATTORNEY FOR DEFENDANT 01226 -00927 1554339190 NNT 09145009 12/26/05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHANON MYERS PLAINTIFF/S COURT OF COMMON PLEAS VS. ERICA PENNELLO NO. 04-318 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JOHN F. KING, ESQ. FRIEDMAN & KING P.O. BOX 984 HARRISBURG PA 17108 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. DAVID S. RUCH, M.D. DUKE UNIVERSITY MEDICAL CENTER DATE: 9/15/05 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT 09145009 12/26/05 CCM.{)NWEALTH OF pENNSYLVANIA <XXJNl'Y OF CIJMBERl,AND SHANON MYERS Court of Common Pleas 04-318 vs. Fi le No. ERICA PENNELLO SUBPOENA TO PROOl..CE lXX:U'ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RUlE 4009.22 CUSTODIAN OF THE RECORDS OF DR. DAVID S. RUCH, M.D. DUKE UNIVERSITY MEDICAL CENTER DUMC 3466 ERWIN RD. VUKHAM. NG 21710 TO: (Ncrne of Person or Entity) Within twenty (20) days after service or this subpoena, you are ordered by the court to . . SEE ATTACHED ADDENDUM produce the followlng docunents or thmgs: at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mai 1 legible copies of the docunents or produce things requested by th is subpoena, together with the certificate of carp 1 iance, to the party making th is request at the address 1 i sted above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carPe 11 ir;g you to carp ly with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST Of THE FOLLON I NG PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 ~REt'E roJRT 10 # ATTORNEY FOR:DEFENDANT DATE: q --- I q - 0 S Seal of the Court ISSUED ON: 10/13/05 Prot Deputy (Eff. 7/97) r . . NO. 04-318 ADDENDUM TO SUBPOENA 09145009 12/26/05 SRANON MYERS VS. ERICA PENNELLO ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, LAB REPORTS, REPORTS REGARDING X-RAYS, MRI'S, CT SCANS OR OTHER DIAGNOSTIC TESTING, INCLUDING ANY EMG TESTING, TOGETHER WITH ALL REPORTS, NOTES, MEMOS, LETTERS, AND MEDICAL BILLS CONCERNING SRANON A. MYERS ( DOB 10/24/79, SSN 173-64-7640) . . CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of October, 2005, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: John F. King, Esquire FRIEDMAN & KING, P .C. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 \. !/.,w/JL It. kJ12~#1^Vi SUSAN M. WILLIAMS c' ~?; r<l .... ...~,.. .l<.' c,) ,.... ..... PRAECIPE FOR LISTING CASE FOR TRIAL (Must 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 ((,1 Ml hial "ithoat joll).) Plaintiff, x Civil Action - Law o Appeal from Arbitration o SHANON MYERS v. Defendant The trial list will be called on February 14. 2006 and Trials commence on March 13. 2006 Pretrials will be held on Februarv 22. 2006 {Briefs are due 5 days before pretrials ERICA PENNELLO No. 04-318 Indicate the attorney who will try case for the party who files this praecipe: John F. King. ES9uire. Friedman & King. P.C. Indicate trial counsel for other parties if known: Ste hen J. Barcava e Es uire Marshall Dennehe IJo V 61919 'edman & King, P.C. 600 N. Second Street, Suite 500 Harrisburg, PA 17101 7171236-8000 717/236-8080 (fax) friedmanandkingiWl1otmail.com Attorney for Plaintiff The case is ready for trial. Dated: January 12, 2006 ,~ .... CERTIFICATE OF SERVICE I hereby certifY that I am this day of January 12, 2006" serving the foregoing praecipe to list trial upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service bv First Class Mail addressed as follows: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, P A 17112 J~h( --- c~) ~- p.) - FRIEDMAN and KING, P.e. John F. King, Esquire m#:6l9l9 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, P A 17108 (717) 236-8000 Attorney for Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SHANON MYERS, v : CIVIL ACTION - LAW : NO. 04-318 ERICA PENNELLO, Defendant : JURY TRIAL DEMANDED NOTICE TO ATTEND TO: Erica Pennello 3 Navesink Avenue Middletown, NJ 07748 You are directed to come to the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on March 13, 2006, at 9:00 AM, to testifY on behalf of the Plaintiff in the above case and to remain until excused. If you fail to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules ofCiviI Procedure. Dated: February / (p , 2006 Respectfully submitted, FRIEDMAN and KING, p,c. John F. King, ID#61919 600 N. Second Street Penthouse Suite Harrisburg, PAl 710 I (717) 236-8000 Attorney for Plaintiff TO: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Cums Mill Road SuiteB Harrisburg, P A 17112 Attorney for Defendant Erica Pennello 3 Navesink Avenue Middletown, NJ 07748 CERTIFICATE OF SERVICE I hereby certify that 1 an1 this I ~ day of February, 2006, serving the foregoing notice to attend upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service bv First Class Mail addressed as follows: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road SuiteB Harrisburg, P A 17112 Erica Pennello 3 Navesink Avenue Middletown, NJ 07748 f'.~\ 1 \-\-' ':,) v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-318 CIVIL TERM . , "'[1 SHANON MYERS, Plaintiff -"I [-;-! ERICA PENNELLO, Defendant JURY TRIAL DEMANDED "'.) c.) IN RE: PRETRIAL CONFERENCE , , ~~ T1 u; --, A pretrial conference was held Wednesday, February 22, 2006, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was John F. King, Esquire, and present for the Defendant was Geoffrey S. McInroy, Esquire. This is a one vehicle automobile accident which the Plaintiff was a passenger. Negligence is admitted. The issues at trial will revolve around causation and damages. The parties anticipate that the case will take about one and one half days to try. There are no scheduling conflicts. This is a relatively straightforward case with no complicated legal issues. Plaintiffs have demanded $75,000.00. The Defendant has offered $30,000.00. Defendant's offer is firm. Therefore, settlement does not appear to be likely. Mr. McInroy indicates that if Mr. Stephen Barcavage, Esquire, is otherwise unavailable for trial, he will be trial counsel. Edward E. Guido, J. John F. King, Esquire For the Plaintiff Geoffrey S. McInroy, Esquire For the Defendant Prothonotary Court Administrator srs SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-0318 CIVIL ERICA PENNELLO, Defendant CIVIL ACTION - LAW JURY TRIAL VERDICT STATE THE AMOUNT OF DAMAGES YOU FIND THAT THE PLAINTIFF SUFFERED AS A RESULT OF DEFENDANT'S NEGLIGENCE. "J, {)(:() 00 $ .// 3,-1'-1.0(7 DATE i(J) \..J../\\, Ke GV\.;.i()..--" FORE PERSON CASE NO.: /6 _ <j,Cl 110 h YVly"",,, VS DOCKET NO.: [ill 3/11' Juror # Name 92 VJCCARO, COLLEEN 104 CASHMAN, RONALD 105 HEPLER, MICHAEL H. 122 PINES, SEAN 98 DOUGHTY, R JONATHAN ~ 91 LONG, CECELJA r 94 NICKLE, TAMMY 106 PHILLIPS, CARA S, ")i'-.. 100 PETRI, GRETCHEN (\ 119 PANGBORN, JOSHUA 113 DARHOWER, LISA 115 STARE, lOAN V, 102 RUDY, SHARON L. 'f- 101 MOTZ,IOANNE 99 BLOUIN, MARCEL E. 123 CALLAHAN, IOYCE E. 108 HERSHEY, MARIE C 116 PEARSON, KEITH 93 PUDNEY, HELEN ANN C. 86 ROWE, BONITA 75 BOWMAN, MICHELE E. 'f 96 ACRI, LAUREN M, 103 CLAUSEN, lENS III 95 UPSON, STEPHEN B, 107 ROSEN, ROBERT I 74 MOORE, fOHN T. 117 HECKMAN, lEAN 85 KUBlSJAK, MARSHA S " 110 FOX, KEARY A. 97 MURREN, ANDREW PHILIP Monday, March 13, 2006 Judge......,.., Clerk/Proth ~:pstaff _ COURTROOM NO.: ~..... E (' i ('r;.. PeJ1/...eil 0 DATE: .3 ' /30(., Random No. -1851358360 ,1793518260 -1786050979 -1709503989 -1414741694 -1347190685 -1250707498 -1217942438 -1027452608 -992546190 -668391930 -622521585 -584541842 -517486527 -377535333 -309942800 -46624232 35902372 106203465 143642922 171647388 210631156 259771479 604083359 91554 1142262759 1165069269 1201082477 1681079865 2089166821 Page 1 oft ~ FRIEDMAN & KING, P.C. John F. King, Esquire ID#:6l9l9 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Attorney for Plaintiff SHANON MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW : NO. 04-318 ERICA PENNELLO, Defendant : JURY TRIAL DEMANDED MOTION FOR POST-TRIAL RELIEF Plaintiff, Shanon Myers, through the undersigned counsel, John F. King, Esquire, moves the Honorable Edward E. Guido to modify the Jury decision, pursuant to Pa.R.C.P. 227.1(a)(4) or, in the alternative grant a new trial in the above-captioned action pursuant to Pa.R.C.P. 227.l(a)(1) and to grant delay danlages, pursuant to Pa.R.C.P. 238 and in support avers the following: I. The verdict was manifestly against the weight of the evidence. 2. Defendant admitted liability. 3. Plaintiff was seriously injured. 4. Plaintiff is diagnosed with radial tunnel syndrome by her treating doctor, Dr. Naidu, an orthopedic doctor who is also an upper extremity specialist. 5. The defense medical eXanliner, Dr. Close, also agreed that Plaintiff sustained and continues to suffer from, an injury to her elbow and opined that Plaintiff presently suffers from . residual tenosynovitis of the elbow, and further recommended she be treated by a hand surgeon. He further opined that she may need another injection and an aggressive rehab conditioning and desensitization progranl. Dr. Close testified that Dr. Naidu, Plaintiff's treating doctor, would meet his criteria for a hand surgeon. 6. Plaintiff underwent a plastic surgery on her elbow. 7. Plaintiff has a large unsightly scar on her right elbow. 8. Plaintiff is right hand dominant, and her injury interferes with her daily activities. 9. Plaintiff takes Neurotin and Ultranl on a daily basis to control the pain and muscle spasms from which she suffers. 10. Plaintiff has a life expectancy of 61 years, and will in all likelihood suffer the pain and spasms and take medications to control the pain and spasms for the remainder of her life. 11. Plaintiff submitted a jury verdict interrogatory sheet enumerating past, present and future pain and suffering, emotional suffering, disability and loss of enjoyment of life's pleasures which may have aided the jurors in assessing the damages. Your Honor refused to submit the interrogatories to the jury. 12. The jury verdict of $3,000 is grossly inadequate for an injury which has caused Plaintiff pain and suffering, disfigurement, and disability since the date of the accident on March 13, 2002, and will continue to so suffer for the remainder afher life. 13. The jury verdict of$3,000 is so contrary to the evidence that is shocks one's sense of justice. 14. Pursuant to Pa.R.C.P. 238, delay danlages are due to Plaintiff. 15. Plaintiff filed a Writ and had it served on January 28,2004. 15. Defendant never made a written offer. 16. Delay danlages should be awarded from January 28,2005, one year after the Writ was served, to March 14,2006, the date of the jury verdict. 17. Delay danlages from January 28,2005 to December 31,2005 should be calculated at 5.25% + 1 % or 6.25%. 18. Delay danlages from January 1, 2006 to March 14,2006 should be calculated at 7.25% + I % or 8.25%. 19. The verdict was $3,000.00. 20. Therefore, delay danlages should be awarded as follows: for 2005, $173.08, for 2006, $49.49, for a total award of delay danlages in the anlount of$222.57. WHEREFORE, Plaintiff respectfully requests that the Court modifY the jury decision, or, in the alternative, grant Plaintiff a new trial and award delay danlages in the anlount of $222.57 or such amount as this Court deems appropriate. ;~ 1.1 Dated: March~, 2006 Respectfully submitted, FRIEDMAN & KING, P.C. ~/.,;;0;t BY~-- //.'J~ i1 F. King, Es . m# 61919 .. 600 N. Second Street Penthouse Suite Harrisburg, P A 1710 1 (717) 236,8000 Attorney for Plaintiff TO: Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 . Marshall, Dennehey, Warner, Coleman & Goggin Stephen J. Barcavage, Esquire 4200 CruIDs Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant . CERTIFICATE OF SERVICE I hereby certify that I an1 this 4 day of March 2006, serving the foregoing motion for post trial relief upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules ofCiyjl Procedure. Service bv First Class Mail addressed as follows: Stephen J. Barcavage, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, P A 17112 . /1 . c~:j.W>/Ji !\ tl\Jv---.. Jphr}/F. King, Esquire \ 1 ,/ ( ~'"," ("j , :;':n ::7 j'i-, -,) x. ~) c- ~--~-- \I 7 IlAt R :1 7 L(J(if: .U:~ ..c ~~~;"",",~,,~_J Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SHANON MYERS, v : CIVIL ACTION - LAW : NO. 04-318 ERICA PENNELLO, Defendant : JURY TRIAL DEMANDED ORDER FOR POST-TRIAL RELIEF (Delay Damages) AND NOW, this .31?t day of ItJ ~, 2006, upon consideration of the Plaintiff s Motion for Post-Trial Relief, dlila:' ia~ll!\e~, ]SttlBw~A P".R.C.Y. 231\, w: ht;~ J.r- "A~:~W;"~.o ~ ~ ~:3n~~' ~~~ '.;":..;:... ~ ~ ~ ., . ,., IV ,.,..... ~ ~J}O() C. . J. cY ;) ~Q o 6o~~,(TD> Iv (':r".~' rr,'"I'"' ." /~... .k,; ;,:..\..1,...... 'u ii:<..j'~" I' ... . :::\,~,I/~t~:'i,:i,.n~, d. I ! .('" .' <J c- : l~( j.:,'1:~7 t .'l!,.L.t :KJ SHANON MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR POST-TRIAL RELIEF NOW COMES Defendant, Erica Pennello, by and through her attorney, who files this response to Plaintiffs Motion for Post- Trial Relief answers the Motion as follows: 1, Denied. The verdict is supported by the evidence, 2. Admitted, 3. Denied, Plaintiff suffered only soft tissue injuries for which the magnitude and veracity of such damages was vigorously disputed at trial 4. Admitted, 5, Admitted in part; denied in part. It is admitted that Dr. Naidu testified that Plaintiff had radial tunnel syndrome, It is denied that the medical records of Dr. Naidu, and introduced as trial exhibits, support this diagnosis, 6. Admitted in part; denied in part. It is admitted that Dr. Close stated that Plaintiff may have residual tenosynovitis of the elbow, The remainder of the allegations of this paragraph are denied as misstated by Plaintiff and not supported by the trial record, 7. Denied, Plaintiff does not have a large unsightly scar. 8, Denied, The record reflects that Plaintiff is able to work full time without restrictions, engage III sports such as swimming and kick boxing, travel and vacation, and otherwise perform all her daily activities. 9, Denied. No medical record or medical testimony was presented at trial to support Plaintiff's claims of being prescribed Neurotin and Ultram, 10. Denied. This allegation is clearly not supported by the evidence presented at trial. By way of further response, the evidence supports a finding that Plaintiff does not suffer pain and spasms. 11. Admitted in part; denied in part. It is admitted that Plaintiff suggested a jury verdict slip itemizing the danlages as alleged, It is denied that Plaintiff's verdict slip would have aided the jurors in assessing danlages. Additionally, Your Honor has broad discretion with regard to the jury slip submitted to the jury, Furthermore, no objection was placed on the record by Plaintiff's counsel with regard to the jury slip that was submitted to the jury, 12. Denied. The jury found in favor of Plaintiff in an amount clearly supported by the trial record, 13. Denied. The jury found in favor of Plaintiff in an amount clearly supported by the trial record, 14, Denied, Defendant made a settlement offer to Plaintiff in excess of the amount awarded to Plaintiff by the jury. 15. Admitted, 15.(sic)Admitted in part; denied in part, It is admitted that a settlement offer may not have been placed in writing, However, Plaintiff was made an initial settlement offer on September 25, 2003, in excess of the amount awarded to Plaintiff by the jury, Additionally, several other settlement offers were made to Plaintiff after that date, to include a settlement offer made on the day of trial. 2 . 16. Denied. Defendant made a settlement offer to Plaintiff in excess of the amount awarded to Plaintiff by the jury. 17, Denied, Defendant made a settlement offer to Plaintiff in excess of the amount awarded to Plaintiff by the jury. 18, Denied, Defendant made a settlement offer to Plaintiff in excess of the amount awarded to Plaintiff by the jury. 19, Admitted. 20. Denied. Defendant made a settlement offer to Plaintiff in excess of the amount awarded to Plaintiffby the jury, WHEREFORE, Defendant, Erica Pennello, respectfully requests the Plaintiffs Motion for Post-Trial Reliefbe dismissed in its entirety. Respectfully submitted, MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN DATE: 4 iLi1'~ ! I C~, BY: EPHEN J. BARCA V AGE, ESQUIRE ./ LD. No, 78867 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3506 Attorney for Defendant, Erica Pennello I05A ILlABISJBARCA v AGEILLPG1217JJJITKCOPENHA VERI01226100927 3 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANON MYERS, v. CIVIL ACTION - LAW NO, 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Tammy K. Copenhaver, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this n day of April, 2006, a true and correct copy of DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR POST- TRIAL RELIEF was served via U.S, first-class mail, postage pre-paid, as follows: John F, King, Esquire FRIEDMAN & KING, P.c. 600 North Second Street Penthouse Suite, P,O, Box 984 Harrisburg, PA 17108 (Counsel for Plaintiff) 105 _A ILlABlSJBARCA V AGEILLPG\2173331TKCOPENHA VERla 1226100927 --~ ( "~ ..~ T , c: ^' ...,: , .. _. ... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHANON MYERS, v. CIVIL ACTION - LAW NO, 04-318 Civil Term ERICA PENNELLO, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and E}.1)ED with Prejudice. Respectfully submitted, FRIEDMAN & KING, P.C. DATE: .sIN /a~ I ' BY:J~ !.D. No, (p,(Qf9 600 North Second Street Penthouse Suite, P.O. Box 984 Harrisburg, P A 17108 Attorney for Plaintiff, Shanon Myers ,05 __A\~.i\a\SJ[;./..RCA v A.GE\UFG\22146o'.TKcorE~;f ~.-\. VL:R-..:J: 22G \CO'')';: ... - , ' CERTIFICATE OF SERVICE I, Susan M. Willianls, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 17t).." day of June, 2006, a true and correct copy of the Praecipe to Settle, Discontinue and End was served via U,S, fIrst-class mail, postage pre-paid, as follows: John F, King, Esquire FRIEDMAN & KING, P.C. 600 North Second Street Penthouse Suite P,O. Box 984 Harrisburg, P A 17108 ~ .." ~. V}UAtt~ SUSAN M. WILLIAMS ,.. ... , .-> ~ cf"" {~ ~~;: ...- \ c:> o 4"' ..-\ :>;.,-, ~1'\e --rj\" ~hC') >>(~:: ",' -.-., -" -- s~~,. ~?i o o O~