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HomeMy WebLinkAbout09-2513p' C) HARRY L. WITTE, ESQUIRE Sup. Ct. I.D. No. 81803 2338 North Front Street Harrisburg, Pennsylvania 17110 (717) 233-0108 hlwitte@earthlink.net TONDA S. FULLER & IN THE COURT OF COMMON PLEAS TIMOTHY I. FULLER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. No. GN- HOLLY J. HERSHEY & TROY L. SHIVELY, Defendants. CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 HARRY L. WITTE, ESQUIRE Sup. Ct. I.D. No. 81803 2338 North Front Street Harrisburg, Pennsylvania 17110 (717) 233-0108 hlwitte@earthlink.net TONDA S. FULLER & IN THE COURT OF COMMON PLEAS TIMOTHY I. FULLER, Plaintiffs CUMBERLAND COUNTY PENNSYLVANIA V. _ No. S 13 c rJ- HOLLY J. HERSHEY & 6 q TROY L. SHIVELY, Defendants. CIVIL ACTION COMPLAINT AND NOW, comes Plaintiffs, Tonda S. Fuller and Timothy I. Fuller, by and through their attorney, Harry L. Witte, Esquire, and makes the within Complaint against the Defendants and in support thereof avers as follows: 1. Plaintiff, Tonda S. Fuller, is an adult individual residing at 800 Creek Road, Carlisle, Pennsylvania, 17015. 2. Plaintiff, Timothy I. Fuller, is an adult individual residing at 800 Creek Road, Carlisle, Pennsylvania, 17015. 3. Defendant, Troy L. Shively, is an adult individual residing at 20 Foltz Road, Shippensburg, Pennsylvania 17257. 4. Defendant, Holly J. Hershey, is an adult individual residing at 219 Log Cabin Road, Newville, Pennsylvania 17241. 2 5. On or about the 25th day of April, 2007 at 7:30 am, Plaintiff was the restrained driver of a 2006 Honda Ridgeline that, because of traffic conditions, was at a complete stop on Interstate 81 at mile-marker 56.3 in Mechanicsburg, Pennsylvania. 6. On the aforesaid date, Defendant Hershey was the operator of a 2004 Saturn Vue SUV, which struck Plaintiff Tonda Fuller from behind two separate times. 7. On the aforesaid date, Defendant Shively was the operator of a 2004 Ford Explorer SUV, which struck Defendant Hershey from behind, and immediately thereafter, Defendant Hershey struck Plaintiff Tonda Fuller from behind for the second time. 8. On the aforesaid date, the 2004 Saturn Vue SUV was registered and insured by Defendant Holly Hershey. 9. On the aforesaid date, the 2004 Ford Explorer SUV was registered and insured by Defendant Troy Shively. 10. At all times material to this action, there were no adverse weather or road conditions. 11. As a direct and proximate result of the negligence of the Defendants, Plaintiffs, Tonda Fuller & Timothy I. Fuller, sustained extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE Tonda S. Fuller v Holly J. Hershey 12. The averments of paragraphs 1 through 11, inclusive are incorporated herein by reference as though same were herein set forth at length. 3 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Tonda Fuller, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Holly Hershey, generally and more specifically set forth below: a) In failing to maintain proper and adequate observation of the existing traffic conditions in each direction; b) In failing to keep a proper lookout for vehicles lawfully and necessarily stopped in front of her; C) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; d) In failing to operate Defendant's vehicle under proper and adequate control so that she could have avoided the collision with Plaintiff; e) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendants' vehicle under such control that injury to persons or property could be avoided; and f) In failing to take evasive action in order to avoid impacting with the motor vehicle operated by Plaintiff. 14. As a direct and proximate result of the negligence of the Defendant, Holly Hershey, the Plaintiff, Tonda Fuller, has suffered serious injury, including but not limited to, closed head injury, post-concussive syndrome, post-traumatic stress disorder, migraine headache syndrome, neck injury, and lumbago. 15. As a direct and proximate result of the negligence of Defendant Hershey, the Plaintiff, Tonda Fuller, has suffered great physical discomfort, and mental anguish, and she will 4 continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the negligence of Defendant Hershey, the Plaintiff, Tonda Fuller, has been compelled, in order to effect a cure for the aforesaid injury, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 17. As a direct and proximate result of the negligence of Defendant Hershey, Plaintiff, Tonda Fuller, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 18. As a direct and proximate result of the negligence of Defendant Hershey, Plaintiff, Tonda Fuller, has been, and will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 19. Plaintiff, Tonda Fuller, believes and, therefore avers that her injuries are serious and permanent in nature. 20. Plaintiff, Tonda Fuller, has suffered additional losses including her employment position with Odyssey Health Care, loss of earnings, impairment of future earning capacity, and other economic losses. WHEREFORE, Plaintiff, Tonda Fuller, seeks damages from Defendant Hershey, in an amount in excess of One Hundred Thousand Dollars ($ 100,000), exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration COUNT II - NEGLIGENCE Tonda S. Fuller v Troy L. Shively 5 21. The averments of paragraphs 1 through 20, inclusive are incorporated herein by reference as though same were herein set forth at length. 22. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Tonda Fuller, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Troy Shively, generally and more specifically set forth below: a) In failing to maintain proper and adequate observation of the existing traffic conditions in each direction; b) In failing to keep a proper lookout for vehicles lawfully and necessarily stopped in front of him; c) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; d) In failing to operate Defendant's vehicle under proper and adequate control so that he could have avoided the collision with Plaintiff; e) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendants' vehicle under such control that injury to persons or property could be avoided; and f) In failing to take evasive action in order to avoid impacting with the motor vehicle operated by Plaintiff. 23. As a direct and proximate result of the negligence of the Defendant, Troy Shively, the Plaintiff, Tonda Fuller, has suffered serious injury, including but not limited to, closed head injury, post-concussive syndrome, post-traumatic stress disorder, migraine headache syndrome, neck injury, and lumbago. 6 24. As a direct and proximate result of the negligence of Defendant Shively, the Plaintiff, Tonda Fuller, has suffered great physical discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 25. As a direct and proximate result of the negligence of Defendant Shively, the Plaintiff, Tonda Fuller, has been compelled, in order to effect a cure for the aforesaid injury, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 26. As a direct and proximate result of the negligence of Defendant Shively, Plaintiff, Tonda Fuller, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a direct and proximate result of the negligence of Defendant Shively, Plaintiff, Tonda Fuller, has been, and will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Plaintiff, Tonda Fuller, believes and, therefore avers that her injuries are serious and permanent in nature. 29. Plaintiff, Tonda Fuller, has suffered additional losses including, her employment position with Odyssey Health Care, personal property on her person and in her vehicle, and other economic losses. WHEREFORE, Plaintiff, Tonda Fuller, seeks damages from Defendant Shively, in an amount in excess of One Hundred Thousand Dollars ($ 100,000), exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 7 COUNT III - LOSS OF CONSORTIUM Timothy L Fuller v Holly J. Hershey 30. The averments of paragraphs 1 through 29, inclusive are incorporated herein by reference as though same were herein set forth at length. 31. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff, Timothy Fuller, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be of great detriment. 32. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff Timothy Fuller has been deprived of the earnings of his wife, Tonda Fuller. 33. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff Timothy Fuller will be deprived of future earnings of his wife, Tonda Fuller. 34. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff, Timothy Fuller, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health. WHEREFORE, Plaintiff, Timothy Fuller, seeks damages from Defendant Hershey, in an amount in excess of One Hundred Thousand Dollars ($ 100,000), exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV - LOSS OF CONSORTIUM Timothy L Fuller v Troy L. Shively 8 35. The averments of paragraphs 1 through 34, inclusive are incorporated herein by reference as though same were herein set forth at length. 36. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff, Timothy Fuller, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be of great detriment. 37. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff Timothy Fuller has been deprived of the earnings of his wife, Tonda Fuller. 38. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff Timothy Fuller will be deprived of future earnings of his wife, Tonda Fuller. 39. As a result of the aforementioned injuries suffered by his wife, Tonda Fuller, Plaintiff, Timothy Fuller, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health. WHEREFORE, Plaintiff, Timothy Fuller, seeks damages from Defendant Shively, in an amount in excess of One Hundred Thousand Dollars ($ 100,000), exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, HARRY L. TTE, ESQUIRE By: l-JW L. Witte, Esquire Attorney for Plaintiff 9 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: April 20, 2009 '" S Tonda S. Fuller Timothy . Fuller 10 D's- Fli GF TNc df In A IC1TA j1 T 2009 APR 21 Pli 3.35- -7 0- S- a d Qtr ?? 11e r ??-?Y6-? JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant TONDA S. FULLER and IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-2513 Civil Term V. CIVIL ACTION - LAW HOLLY J. HERSHEY and TROY L. SHIVELY, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Holly J. Hershey only in the above-captioned matter. Respectfully submitted, JOHNSM DUFFIE, STEWART & WEIDNER By: ' Date: May 18, 2009 Je erdon J. Shipman, Esquire Att rney I.D. No. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Hershey CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 18, 2009: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs Troy L. Shively 20 Foltz Road Shippensburg, PA 17257 JOHNSON, DUFFIE, STEWART & WEIDNER 4Jeffo . Shipma , Esquire cr- fin,-l'_'???1'' 2009 PAY 19 AN ! l : 0,0 ;N y JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: hs@jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, : Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term V. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendant NOTICE TO PLEAD TO: Tonda S. and Timothy I. Fuller and their counsel, Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Troy L. Shively 20 Fultz Road Shippensburg, PA 17257 YOU ARE REQUIRED to plead to the within Answer with New Matter and Cross-claim within 20 days of service hereof or a default judgment may be entered against you. DUFFIE, STEWART & WEIDNER d 01 Date: May 29, 2009 Jeff rson'J. Shipman, Esquire Att ey I . D. No. 51785 Attomeys for Defendant By: JOHNsoN, DUFFIE, SSTEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs V. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Defendant, Holly J. Hershey, by and through her counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart, and Weidner and files the following Answer with New Matter and Cross-claim to Plaintiffs' Complaint: 1. Admitted upon information and belief 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted in part; denied in part. It is admitted only that the accident occurred on or about April 25, 2007, at 7:30 a.m. on Interstate 81 in Mechanicsburg, Pennsylvania. After reasonable investigation, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 5. 6. Admitted in part; denied in part. It is admitted only that Ms. Hershey was the operator of a 2004 Saturn Vue. It is denied that the Plaintiff was struck two separate times. 7. Admitted in part; denied in part. It is admitted only that Defendant Shively struck Ms. Hershey from behind causing the Hershey vehicle to make contact with the Plaintiffs' vehicle. The remaining averments of paragraph number 7 are denied as stated. 8. Admitted. 9. Denied. After reasonable investigation, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 9 and the same are therefore denied. 10. Denied as stated. It is believed that there were road conditions that were causing traffic stop and go. 11. Denied. The averments contained in paragraph number 11 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. COUNT I - NEGLIGENCE Tonda S. Fuller v. Holly J. Hershey 12. Defendant Hershey incorporates herein by reference her answers to paragraph numbers 1 through 11 above as though fu#y set forth herein at length. 13. Denied. The averments contained in paragraph number 13 and each and every subparagraph 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. a) Denied. It is specifically denied that Ms. Hershey failed to maintain proper and adequate observation of the existing traffic conditions in each direction; b) Denied. It is specifically denied that Ms. Hershey failed to keep a proper lookout for vehicles lawfully and necessarily stopped in front of her; 2 C) Denied. It is specifically denied that Ms. Hershey failed to be reasonably vigilant to observe the road and traffic conditions then and there existing; d) Denied. It is specifically denied that Ms. Hershey failed to operate her vehicle under proper and adequate control so that she could have avoided the collision with Plaintiff, e) Denied. It is specifically denied that Ms. Hershey failed to be continuously alert in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle until such control that injury to persons or property could be avoided; and f) Denied. It is specifically denied that Ms. Hershey failed to take evasive action in order to avoid impacting with the motor vehicle operated by Plaintiff. 14. Denied. The averments contained in paragraph number 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, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 14; and the same are therefore denied, and strict proof is demanded at the time of trial. 15. Denied. The averments contained in paragraph number 15 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, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15; and the same are therefore denied, and strict proof is demanded at the time of trial. 16. Denied. The averments contained in paragraph number 16 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, Ms. Hershey is without sufficient knowledge or information to form a belief as to 3 the truth of the remaining averments of paragraph number 16; and the same are therefore denied, and strict proof is demanded at the time of trial. 17. Denied. The averments contained in paragraph number 17 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, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 17; and the same are therefore denied, and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph number 18 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, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 18; and the same are therefore denied, and strict proof is demanded at the time of trial. 19. Denied. The averments contained in paragraph number 19 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. 20. Denied. The averments contained in paragraph number 20 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, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20; and the same are therefore denied, and strict proof is demanded at the time of trial. 4 WHEREFORE, the Defendant, Holly J. Hershey, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II - NEGLIGENCE Tonda S. Fuller v. Troy L. Shively 21. Defendant Hershey incorporates herein by reference her answers to paragraph numbers 1 through 20 above as though fully set forth herein at length. 22.-29. The averments contained in paragraph numbers 22 through 29 are directed to another party; and accordingly, no response is required by Ms. Hershey. WHEREFORE, the Defendant, Holly J. Hershey, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III - LOSS OF CONSORTIUM Timothy I. Fuller v. Holly J. Hershey 30. Defendant Hershey incorporates herein by reference her answers to paragraph numbers 1 through 29 above as though fully set forth herein at length. 31. Denied. After reasonable investigation, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 31; and the same are therefore denied, and strict proof is demanded at the time of trial. 32. Denied. After reasonable investigation, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 32; and the same are therefore denied, and strict proof is demanded at the time of trial. 33. Denied. After reasonable investigation, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the averments contained in 5 paragraph number 33; and the same are therefore denied, and strict proof is demanded at the time of trial. 34. Denied. After reasonable investigation, Ms. Hershey is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 34; and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Holly J. Hershey, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT IV - LOSS OF CONSORTIUM Timothy I. Fuller v. Troy L. Shively 35. Defendant Hershey incorporates herein by reference her answers to paragraph numbers 1 through 34 above as though fully set forth herein at length. 36.-39. The averments contained in paragraph numbers 36 through 39 are directed to another party; and accordingly, no response is required by Ms. Hershey. WHEREFORE, the Defendant, Holly J. Hershey, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 40. That 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. 41. That if it should be found that there was any negligence on the part of Ms. Hershey, which is denied, then in that event, any such negligence was not a substantial factor nor factual cause of Plaintiffs' alleged injuries. 42. That Plaintiffs alleged injuries may have been pre-existing. 6 43. 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. 44. That the Plaintiffs' alleged cause of action was caused solely by Co-Defendant Shively. 45. That the Plaintiff may have been contributorily negligent. WHEREFORE, the Defendant, Holly J. Hershey, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. R.C.P. 1706.1 46. That if it should be found that there was any negligence on the part of Holly J. Hershey, which is denied, then in that event, Ms. Hershey asserts that Defendant Troy L. Shivley is solely liable on the Plaintiffs' alleged cause of action or liable over to Defendant Hershey on Plaintiffs' alleged cause of action or joint or severally liable with Ms. Hershey on the Plaintiffs' alleged cause of action. WHEREFORE, the Defendant, Holly J. Hershey, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Date: May 29, 2009 , DUFFIE, STEWART & WEIDNER Jefferd6n J. Shipmfin, Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey 7 Respectfully submitted, VERIFICATION I, Holly J. Hershey, 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 falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may .subject me to the penalties of 18 Pa. C. Date: 15 36W9 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter and Cross-claim has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 29, 2009: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs Troy L. Shively 20 Foltz Road Shippensburg, PA 17257 JOHNSON, DUFFIE, STEWART & WEIDNER B Jeffe on U. Shipman, E wire FILE" ?.? OF T! V--APY 2009 J' !rl -2 11li, I ., ~I TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants }~r~=1C~ ~ 'ice P~3~i-~`~TARY ~a~e x~~ ~ ~ Am g= ~ ~ ~~~•~;i-~`~ ~"~ ~ k i E COURT OF COMMON PLEAS OF F'Ef`~itiS`s~ MBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED tN RE: STATUS CONFERENCE ORDER qF COURT ,~ AND NOW, this ~ day of Mai, 2010, upon consideration of Defendant's Motion for Status Conference, and following a Status Conference held in the Chambers of the undersigned Judge in which Plaintiffs were represented by Harry L. Witte, Esquire, and Defendant Holly J. Hershey was represented by Jefferson J. Shipman, Esquire, and Defendant Troy L. Shively was represented by Donald R. Dorer, Esquire, and pursuant to an agreement of counsel, it'is ORDERED AND DIRECTED as follows: 1. On or before August 16, 20'10, all general discovery shall have been completed; 2. On or before September 15, 2010, any updated expert report(s) of Plaintiffs shall be served upon Defendants' counsel; 3. On or before October 15, 2010, any updated expert report(s) of Defendants shall be served upon Plaintiffs' bounsel; 4. On or before October 29, '~, 2010, any alternative dispute resolution, including mediation efforts, shall have been undertaken; .,. ~, M 5. This case may be listed by counsel for trial during the trial term commencing December 5, 2010. BY THE COURT, Albert H. Masland, Judge Distribution: Harry L. Witte, Esquire; 2338 North Second Street, Harrisburg, PA 17110; Telephone (717) 233-0108. Jefferson J. Shipman, Esquire, JohnsorM, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17083-0109; Telephone (717) 761-4540; Fax (717) 761-3015. / Donald R. Dorer, Esquire; Snyder &Dorer, 214 Senate Avenue, Suite 600, Camp Hill, PA 17011; Telephone (717) 731-09$8; Fax (717) 731-0987. c~~~~ ~.~.~~~ s/r ~~~v %~-~ JOHNSON, DUFFIE, STEWART 8 WEIDNER By: Jefferson J. Shipman, Esquire LD. No. b1785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com ', TONDA S. FULLER and TIMOTHY I. FULLER, '~, Plaintiffs '~ v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants RI.E~~`~r-f~ 200 MAY t 2 F~~ 2.5~ Attorneys fQ,P([J{~~xtr~ia,OttF~er~~~~~ Pig"JiVS ~'~Va:~?lA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs As a prerequisite to service of a sub a for documents and things pursuant to Rule 4009.22, Defendant hereby certifies (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 (2) A copy of the Notice of I as were sought to be served; including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas Chas been received; and (4) The subpoenas to be served ire identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipmath, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: ~"~~ 1 / / D CERTIFICATE IOF SERVICE I hereby certify that a copy of the foregming document has been duly served upon the following, by depositing the same in the United Mates Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ / ~ Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER J. Shipman, Esquire JOHNSON, DUFFIE, STEWART 8c WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs Attorneys for Defendant Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants NOTICE TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs FO PLEASE TAKE NOTICE that Defenda the one that is attached to this notice. You hs which to file of records and serve upon the objections are made, the subpoena may be se CIVIL ACTION -LAW JURY TRIAL DEMANDED intend to serve one (1) subpoena identical to twenty (20) days from the date listed below in iersigned objections to the. subpoena. If no NSON, DUFFIE, STEWART &WEIDNER By: I~'efferson J. Shipman,. Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: ~~la~/~ CERTIFICATES OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing the same in the Unitedl States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on ~{ I Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs NSON, DUFFIE, STEWART & WEIDNER By ~,r.~.,~, e rson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF C MBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants SUBPOENA TO PRODUC FOR DISCOVERY PUR TO: 1st Choice Auto Insurance Comaany (Name of Pi Within twenty (20j days after service of this the following documents or things: Anv and all clai vehicle ahotoctraahs, corresaondence, medical accident dated 4125107 reQardins~ Tonda S. Fulls at Johnson. Duffle. Stewart 8~ Weidner. 301 Market You may deliver or mail legible copies of subpoena, together with the certificate of complia listed above. You have the right to seek in adv. producing~the things sought. File No. 09-2513 i I i or Entity) Sena, you are ordered by the court to produce documents or produce things requested by this to the party making this request at the address the reasonable cost of preparing the copies or If you fail to produce the documents or thing required by this subpoena within twenty (20) days after its service, the party serving this subpoena may eek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST NAME: Jefferson J. Shipman ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: ~ /D Sea o the Court THE FOLLOWING PERSON: BY THE COURT: onotary/CI k, Civil Division Deputy (Eff. 7/97) JOHNSON, DUFFIE, STEWART 8a WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs~jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs Attorneys for Defendant Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED n CERTIFICATE PREREQ UISITE TO SERVICE OF A SUBPOENA. ~ ~' PURSUANT TO RULE 4009.22 '~' `' ~~P: ~-; t (- .... .~ ~ ~l fC"',. -j 'f' TO: Harry L. Witte, Esquire -. ~ ~-- '?7 ~ ~ ~- 2338 North Front Street ~ ~ "' _ Harrisburg, PA 17110 C Counsel 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 waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER Je erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: /~~~~ ~ _f CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document 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 ~ ! Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER a Je rson J. S ipma ,Esquire JOHNSON, DUFFIE, STEWART 8~ WEIDNER - By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs ct/'Djdsw.com Attorneys for Defendant Hershey TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve three (3) 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 subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART &WEIDNER By: efferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: 6~ ~l, j'~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART 8~ WEIDNER By Je rson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-25131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (Name of Person or Entity) Wi`~`:ir, twenty X20) days after service of this sol;~enar you aye ordered by the ~:.;.r: to produce the following documents or things; Anv and all medical records. reports. dias~nostic test results, SSN: 088-56-3774 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. Esouire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants EY THE COURT: c onotary/Cle ,Civil Division Deputy DATE: _~ ~~ ~~G Seal oft Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-25131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Scott D. Mueller. M.D. (Name of Person or Entity) `:a,it#sin-twenty ,2~0~ da s after service of this sgbpo~na, you are ordered by the court to produce the following documents or things: Any and all medical ~~recofds. resorts, diagnostic test results, corresaondence, office notes, medication lists res~arding Tonda S. Fuller DOB: 11/27/64 SSN: 088-51i-3174 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'dVAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:'• Jefferson J. Shipman. Esouire ADDRESS: 301 Market Street ' Lemovne. PA 17043 TELEP~ON E: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothon a /CI rk, Civil Division Deputy DATE: ~ ~ ~-~ ~ ~d IG Seal of t e Court (Eff. 7/97) . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-25131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gallagher Bassett Services. Inc. (Name of Person or Entity) 1!Iftt!3+n enty X20) days'~at~eC service cif this s~tbppena,, you are crdered by the court to produce the following documents or things: Complete workers' compensation file including all medical 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: Defendants DATE: / ~ ~~ ~~ ~ Seal of th Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/9~ /~ y JOHNSON, DUFFIE, STEWART 8 WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Hershe pi ^' I.D. No. 51785 ~ ~ ~, `„ 301 Market Street ~ ,_~ ~ ~ ;- - -~ P. O. BOX 109 _ ' , ~_ ~i' `.. Lemoyne, PA 17043-0109 _ ,~ , , Phone: (717) 761-4540 , s E-mail: ps~jdsw.com ~ -_- ~ ~: Q f_ TONDA S. FULLER and N1 . . IN THE COURT OF COMMON PLEAS `OF ~~.- TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-2513 Civil Term v. CIVIL ACTION -LAW HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel 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. Date: ~~ ~ j 0 JOHNSON, DUFFIE, STEWART & WEIDNER B ffe n J. Ship n, Esquire ttorney LD. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duty served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on ~ d Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Je rs n J. Shipman Esquire JOHNSON, DUFFIE, STEWART 8~ WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs~jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants Attorneys for Defendant Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel 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 file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART 8~ WEIDNER ~~.carM,.. By: fferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: 71) a ~ (Z~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on L 1,~.1v ~ ~.. "~0) D Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART 8~ WEIDNER By Jeff on J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Miller Chiropractic Care ". ~ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and aN medical records, chiropractic records. diagnostic test results, office notes, actual MRI films of the cervical spine and brain regarding Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: /o _ Seal of he Court Jefferson J. Shioman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants (Eff. 7/97) Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: University of Pennsylvania Health System (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. dias~nostic test results, correspondence. office notes. actual MRI films of the cervical seine and brain regarding Tonda S. Fuller DOB: 11/27/64 SSN: 088-5ti~174 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 Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: P ry/Clerk, ivil Division Deputy DATE: ~ S /0 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wafnut Bottom Radiolody (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. resorts. diagnostic test results. corresaondence, office notes, actual MRI films of the cervical swine and brain regarding Tonda S. Fuller DOB: 11/27!64 SSN: 088-56-3174 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: ~8 I ~ Seal of th Court Jefferson J. Shipman. Esquire 301 Market Street Lemovne, PA 17043 717-761-4540 51785 Defendants BY THE COURT: Proth ry/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health Hospitals (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. diagnostic test results. corresaondence. office notes, actual MRI films of the cervical spine and brain res~arding Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 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: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: ~]' $ 10 Seal f t e Court Jefferson J. Shipman. Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: C notary/Clerk, Civil Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-2513 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: Anv and all medical records, reports, dia4nostic test results. correspondence, office notes, actual MRI films of the cervical seine and brain reaardina Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 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 Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: 'T J O Seal of th Court BY T COURT: Prot tary/Clerk, lull Division Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. Q9-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Hosaital (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, resorts, diagnostic test results, corresaondence, office notes, actual MRI films of the cervical spine and brain regarding Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 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 comp{iance, 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. Shiaman, Esouire ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY T OURT: Pro ota Clerk, Ci I Division DATE: /0 Sea o the Court Deputy (Eff. 7/9~ ti JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs~jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants [ ~~ ~ .. i /#~VG (o Attorneys for Defendant Hershey 1~:,.v... , . r ^,= ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel 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: ffe n J. S ipm ,Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: ~' ~I/~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document 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 Hany L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Je rs .Shipman, squire JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com TONDA S. FULLER and TIMOTHY 1. FULLER, Plaintiffs V. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants Attorneys for Defendant Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 o 1. - . 1.7 t. ..- TO: Harry L. Witte, Esquire ?. 2338 North Front Street ,, Harrisburg, PA 17110 Counsel for Plaintiffs r 11 1= 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 B Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: q//3 /10 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document 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 `1 / -1-S 1/14) Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER r #fferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant Hershey TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term V. HOLLY J. HERSHEY and TROY L. SHIVE:LY, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve two (2) 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 subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: Vefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: 9/a3la CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By J erson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively. Defendants File No. 09-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert Blake, D.C. (ca Blake Chiropractic (Name of Person or Entity) Within -,wenty (20) days after service of this subpoena, YOU are ordered by the court to produce the following documents or things: AnV and all medical records, chiropractic records diagnostic test results, office notes, regarding Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 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: Defendants I DATE: ?' f CfCtl G Seal of tfie Court BY THE COURT: 7)1W Pro /Clerk, ivil Division Deputy (Effi. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy 1. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively Defendants File No. 09-2513 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robin McConnell D.C. ft Complete Health Chiropractic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to p7-Gduce the following documents or things: Any and all medical records, chiropractic records, diagnostic test results, office notes, regarding Tonda S. Fuller DOB: 11/27164 SSN: 088-56-3174 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 or 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: Defendants 1 DATE: I `J7 Lt J Seal of t e Court BY THE COURT: notary/Cie , Civil Division Deputy (Eff. 7197) JOHNSON, DUFFIE, STEWART 8i WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjst~jdsw.com TONDA S. FULLER and TIMOTHY I. FULLER, Plaintiffs v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants NO. 09-2513 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA _. ~~~~ z_~ '~° ~ F PURSUANT TO RULE 4009.22 ~:?~ r~ -~ =~:' ~,~~- ::~ _x_ ,--- . ,~ e ^ ~ ~ T r ~ N ~;~; ~ ~ TO: Harry L. Witte, Esquire r ~ t~; - 2338 North Front Street =-=a Harrisburg PA 17110 ~ ~- ., , Counsel 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 Attorneys for Defendant Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA attached to this Certificate; (3) No objection to the subpoenas has been received as Plaintiffs' counsel waived the waiting period; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By. Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: J ~ I ~ ~ J ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document 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 Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER fay .. J erson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART 8a WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com TONDA S. FULLER and TIMOTHY {. FULLER, Plaintiffs Attorneys for Defendant Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2513 Civil Term v. HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve two (2) 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 subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART 8~ WEIDNER By: ~~ efferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Hershey Date: ~ QI I ~~l d CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeff on J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-25131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WeIlCare Chiroaractic (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, chiroaractic records, diacnostic test results, office notes. reaardina Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 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 SLI~BPOENA WAS' ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: I ~ - ~t ~--! l~ Seai of the Court Jefferson J. Shioman. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 ~ . Defendants BY THE COURT: Pr thonotary/Clerk, Civil Division Deputy .(Eff.. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Tonda S. Fuller and Timothy I. Fuller Plaintiffs vs. Holly J. Hershey and Troy L. Shively, Defendants File No. 09-25131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates (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: MRI of cervical seine dated 8/17107: MRI of brain dated 7117/07 CDs or actual films/ rectardinp Tonda S. Fuller DOB: 11/27/64 SSN: 088-56-3174 at Johnson. Duffle, Stewart 8~ 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, Esouire ADDRESS: 301 Market Street Lemovne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Pr thonotary/Clerk, Civil Division Deputy DATE: ~ ~ ~ ~ `J =/ O Seal of the Court . (Eff. 7/9~ r ,~ i_'._ '- ~ '~ ~ ~~ ~~~! i I ,+ f Johnson, Duffle, Stewart & Weidner 8y: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jai@jdsw.com TONDA S. FULLER and TIMOTHY I FULLER, Plaintiffs v HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants NO. 09-2513 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of John A. Lucy, Esquire of Weidner, P.C., as the attorney for Defendant, Holly J. Hersl~y, in the a Date: October 18, 2012 Attorneys for Defendant, Holly J. Hershey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Duffle, Stewart & d matter, JObtNSON, DUFFIE, STE1,M'ART~ 1NEIDNER ~= ~= ,. .-%~ Jo A. Lucy, Esquire orney I.D. No. 203948 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Holly J. Hershey 520880 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Substitute Appearance has been served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 18, 2012, as follows: Harry L. Witte, Esquire 2338 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Donald R. Dorer, Esquire Snyder 8 Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 (Counsel for Defendant, Troy L. Shively) :.----~ JOHNSOflJ; DUFFIE, STE RT $~-WEIDNER ;~', OTQOTO THE FILED-OFFICE 2013 APR I I PM i+ 50 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffle,Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Holly J. Hershey P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 jal @jdsw.com TONDA S. FULLER and IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO, 09-2513 Civil Term V. : CIVIL ACTION—LAW HOLLY J. HERSHEY and : TROY L. SHIVELY, JURY TRIAL DEMANDED Defendants : DIFIENIDANT, M ILLY J. HER HErS MMN FOR, TAT CONFEKKE AND NOW, comes the Defendant, Holly J. Hershey, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files this Motion for Status Conference by respectfully stating the following: 1. This case arises from a 3-car accident that occurred on April 25, 2007, on Interstate 81 in Silver Spring Township, Cumberland County, Pennsylvania. 2. The Plaintiffs commenced this action by filing a Complaint on or about April 21, 2009. 3. As a result of the accident, Plaintiff, Tonda Fuller, claims she sustained a closed head injury, post-concussive syndrome, post-traumatic stress disorder, migraine headache syndrome, neck injury, and lumbago. 4. At this time, in an attempt to put this matter on the trial list, the parties have reached out to Plaintiffs' counsel on several occasions. 5. Prior to scheduling this matter for trial, Defendant, Holly J. Hershey, does have some additional discovery to take place, including the deposition of the investigating officer. 6. To date, defense counsel has received no expert reports from Plaintiffs' include to include liability, damages, or vocational. 7. On or about February 19, 2013, Plaintiffs' counsel informed defense counsel that he was no longer handling the case and the case was taken over by Angino & Rovner. 8. Shortly thereafter, defense counsel spoke with Attorney Lisa Benzie at Angino & Rovner who informed defense counsel that she had been approached to review the case, but had not taken formal possession of the file. 9. It is believed, and therefore averred, that Attorney Harry Witte is still attorney of record, still maintains the physical file, and that no attorney from Angino & Rovner has taken k over handling of this case. 10. In a letter dated February 28, 2013, to Plaintiffs' counsel, defense counsel informed him that if necessary steps were not taken to substitute counsel within thirty (30) days, that a Status Conference would be necessary. See letter dated February 28, 2013, attached hereto as Exhibit"A" 11. As such, Defendant, Holly J. Hershey, respectfully requests that this Honorable Court schedule a Status Conference to discuss any ongoing discovery, expert reports, and trial in this matter. 12. No judge has ruled on this issue or any other issues in this case. 549351 2 13. Counsel has not received a response from Plaintiffs' counsel in regard to concurrence/non-concurrence; however, no response has been received. WHEREFORE, Defendant, Holly J. Hershey, respectfully requests that this Honorable Court enter an Order scheduling a Status Conference. Respectfully sub i JOHNS , DUFFIE, STEW &WEIDNER BY: ohn . L y, Esquire Att ne .D. No. 203948 3 1 rket Street Box 109 emoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Counsel for Defendant, Holly J. Hershey Date: April 10, 2013 549351 3 I-NN 'JERRY R.DUFFIE - ( ELIZABETH D.SNOVER RICHARD W. STEWART CAROLYN B.MCCLAIN EDMUND G.MYERS L A W O F F I C E S JOHN A.LUCY DAVID W.DELUCE ULYSSES S.WILSON JOHN A.STATLER OHNSON JULIA E PHILLIPS JEFFREY B.RETTIG MATTHEW RIDLEY MARK C.DUFFIE DUFFIE BARRIE B.GEHRLEIN JOHN R.NINOSKY MICHAEL J. CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A.JOHNSON WADE D.MANLEY C. ROY WEIDNER,JR. CONSTANCE P.BRUNT 154 February 28, 2013 Harry L. Witte, Esquire 2338 North Second Street Harrisburg, PA 17110 Re: Tonda S. Fuller, et al. v. Holly J. Hershey, et al. Cumberland County C.C.P.; No. 09-2513 Dear Mr. Witte: I've had the opportunity to speak with Attorney Benzie in regard to the above claim. After review of the docket, it's my understanding that you are still attorney of record on the case. Attorney Benzie has advised me that has agreed to review the file on behalf of Mrs. Fuller and, if she elects to retain the case, she will be entering her appearance on behalf of Mrs. Fuller. It's my understanding that you are still in possession of the file and, as such, Attomey Benzie has not been able to review the matter. I would ask that you please take all necessary steps to keep this matter moving along. If there is no substitution of counsel within the next thirty (30) days, I will be filing a Motion for Status Conference with the Cumberland County Prothonot ry truly ours, / JOHN N, D F'FIE, STEWART &WEIDNER A. Lucy JAL/csf 538842 22740-2434 cc: Donald R. Dorer, Esquire Lisa Benzie, Esquire 301 MARKET STREET P.O.BOX 109 LEMOYNE,PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Status Conference has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 10, 2013: Harry L. Witte, Esquire (ID#81803) 2338 North Second Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Donald R. Dorer, Esquire Snyder& Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 (counsel for Defendant, T ively) JOHNSON, DUF IE, STEWART&WEIDNER BY: Joh A. Lucy !LED-0 F FI'G- 013 APR 16 AM 10� 5 CUMBERLAND CC tUN T Y PENNSYLVANIA TONDA S. FULLER and IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-2513 Civil Term V. CIVIL ACTION — LAW HOLLY J. HERSHEY and TROY L. SHIVELY, JURY TRIAL DEMANDED Defendants ORDER OF COURT AND NOW, this Z4day of 4g—ll / 2013, upon consideration of the Administrative Application for Status Conference of Defendant, Holly J. Hershey, it is hereby ORDERED that a Status Conference is hereby scheduled for 2013 at 10,3o (3,—m. in the Chambers of the Honorable ✓ � c GQ a C bap*er-s. BY TH COURT, J. Distribution: • John A. Lucy, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109; Tel. (717) 761-4540; Fax(717) 761-3015. • Harry L. Witte, Esquire; 2338 North Second Street, Harrisburg, PA 17110; Tel. (717) 233-0108. /• Donald R. Dorer, Esquire; Snyder& Dorer, 214 Senate Avenue, Suite 600, Camp Hill, PA 17011; Tel. (717) 731-0988; Fax (717) 731-0987. TONDA S. FULLER and IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS C--) V. C C=) --r, HOLLY J. HERSHEY and Fri TROY L. SHIVELY, DEFENDANTS 09-2513 CIVIL TERM C,` IN RE: STATUS CONFERENCE c{ ORDER OF COURT AND NOW, this day of May, 2013, following a status conference attended by Donald R. Dorer, Esquire and John A. Lucy, Esquire on behalf of the respective Defendants, and at which Harry L. Witte, Esquire appeared telephonically and informed the court that he had been fired by Plaintiffs approximately one year ago, in the absence of anything noting a change of counsel in the record we find it manifestly necessary to ORDER AND DIRECTED as follows: 1. Harry L. Witte, Esquire, shall file a motion to withdraw within two (2) weeks of the date of this order. The certificate of service for said motion shall note that he has transmitted the same to counsel for the Defendants as well as to the Plaintiffs. The motion shall include a proposed order issuing a rule on the Plaintiffs and Defendants to show cause why the withdrawal should not be granted. Petitioner shall file a proof of service with respect to the Plaintiffs. 2. Following the expiration of time to respond to the aforesaid rule to show cause, if the court grants the requested relief, the final order permitting the withdrawal shall grant Plaintiffs an additional thirty (30) days to retain counsel. If Plaintiffs fail to retain counsel the court will entertain a motion for dismissal i 09-2513 CIVIL TERM of this action. Therefore, Plaintiffs are herewith put on notice that the failure to actively pursue their claim could result in a dismissal. By the Court, Albert Masland, ZHarry L. Witte, Esquire For Plaintiffs /John A. Lucy, Esquire For Holly J. Hershey ,' Donald R. Dorer, Esquire For Troy L. Shively :sal M� s�e 13 r� • 9 ;a CS CI,iMBE.nLANU COUNT': PENNSYLVANIA rA Johnson, Duffie, Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Holly J. Hershey P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com TONDA S. FULLER and : IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 09-2513 Civil Term • v. • CIVIL ACTION — LAW • HOLLY J. HERSHEY and • TROY L. SHIVELY, Defendants • JURY TRIAL DEMANDED MOTION OF DEFENDANT, HOLLY J. HERSHEY, FOR SANCTIONS AND ATTORNEYS' FEES AND NOW, comes the Defendant, Holly J. Hershey, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the within Motion for Sanctions and Attorneys' Fees by respectfully stating the following: 1. On or about April 10, 2013, Defendant, Holly J. Hershey, filed with this Court a Motion for Status Conference to discuss ongoing discovery, expert reports, and a trial date in this matter. 2. This Status Conference was requested due to the fact that Plaintiffs' counsel had informed counsel for Defendant, Holly J. Hershey, that he was no longer the Plaintiff's attorney, but had failed to file a Motion/Petition to Withdraw. This Status Conference was conducted on May 8, 2013. 3. At the time of the Status Conference, as well as currently, it is believed, and therefore averred, that Attorney Harry L. Witte is still attorney of record, still maintains the physical file, and that no attorney has taken over the physical handling of this case. 4. By Order dated May 8, 2013, the Honorable Albert H. Masland directed Plaintiffs' counsel to file a Motion to Withdraw as Counsel within two (2) weeks of the date of the Order with a proposed Rule to Show Cause. 5. As of the date of this Motion, Defense counsel has not received this Motion/Petition to Withdraw as Counsel and, as such, is severely prejudiced by Plaintiffs' counsel's continued delay of this matter. 6. Plaintiffs' counsel requested, and Defense counsel granted, an extension to file this Petition until June 20, 2013. Despite the extension, Plaintiffs' counsel still has not filed the requisite Petition. 7. In an effort to verify Plaintiffs' counsel's address, it has come to defense counsel's understanding that Plaintiffs' counsel is currently under administrative suspension and, as such, may be unable to file the requested Petition. 8. Since the date of the Status Conference, Attorney Lisa Benzie of Angino & Rovner filed a Motion for Preliminary Injunction, and a Complaint for Declaratory Judgment with Brief in Support with Dauphin County. (See Order dated June 13, 2003, attached hereto as Exhibit "A"). 9. Defense counsel requests reimbursement of reasonable attorneys' fees in filing this Motion and any presentation at Oral Argument to support this Motion. 562878 2 10. counsel for Troy L. Shively does not object to the relief sought, but has not reviewed the language of this Motion. 11. It is believed, and therefore averred, that Plaintiffs' counsel does object to this Motion. 12. The Honorable Albert H. Masland has had prior involvement in this matter. WHEREFORE, Defendant, Holly J. Hershey, respectfully requests that this Honorable Court enter an Order compelling Attorney Harry L. Witte to file a Petition/Motion to Withdraw as Counsel for Plaintiffs with a corresponding Rule to Show Cause within five (5) days of receipt of the Court's Order. Additionally, Plaintiffs' counsel shall bear the cost of defense counsel's attorneys' fees in preparation and submission of this Motion and request. Said attorneys' fees shall be provided to Plaintiffs' counsel and payment shall be made within thirty (30) days upon receipt of this Order. Respectf submitted, JO 1 SON, DUFFIE, ST:WART & WEIDNER BY: n A. y, Esquire Attorn='.D. No. 203948 301A,kr.rket Street P e. Box 109 -moyne, PA 17043-0109 717) 761-4540 jal @jdsw.com Counsel for Defendant, Holly J. Hershey Date: July d , 2013 562878 3 TONDA S. FULLER and TIMOTHY I. IN THE COURT OF COMMON PLEAS FULLER, husband and wife, DAUPHIN COUNTY, PA Plaintiff c NO. v. c. c :> — -t CIVIL ACTION—EQUITY �; HARRY L. WITTE, ESQUIRE and LAW OFFICES OF HARRY L. WITTE, JURY TRIAL DEMANDED Defendants c�a ' cJ ORDER AND NOW, this ret day of JGG'' -- 2013, after a hearing on Plaintiffs' Motion for Preliminary Injunction, IT IS HEREBY ORDERED and DECREED that Defendants Harry L. Witte,Esquire and the Law Offices of Harry L. Witte must: (1) withdraw their appearance in Plaintiffs' third-party case presently pending in Cumberland County, Tonda S. Fuller and Timothy I. Fuller v. Holly J. Hershey and Troy L. Shively, C.C.P. Cumberland,No. 09-2513 Civil Term; (2)make available for inspection and copying all of Plaintiffs' files; (3) provide Plaintiffs with an itemization of the out-of-pocket expenses they reasonably incurred with regard to Plaintiffs' UIM and third-parry cases; and 4)provide Plaintiffs with a breakdown of the hours spent working on Plaintiffs' UIM and third-party cases prior to Plaintiffs' termination of the attorney-client relationship. Failure to abide by this Order within ©C / days shall result in contempt t-1 penalties assessed at $ 02 - per day, and the possible forfeiture of Defendants' claims for expenses and quantum meruit fees. BY THE COURT: JUN 132013 hereby ceriny treat me foregoing is e 4 true and correct copy of the original filed. J. nrnihr+nlrtsAn,- ii � � • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Sanctions and Attorneys' Fees has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Jul &', 2013: Harry L. Witte, Esquire (ID #81803) 2338 North Second Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 (counsel for Defendant, Troy L ' -ly) JOH,4 SON, DUFF , STEWART & WEIDNER B . Joh .�ucy .............. _ . . TONDA S. FULLER and IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-2513 Civil Term V. CIVIL ACTION - LAW HOLLY J. HERSHEY and TROY L. SHIVELY, Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW' day of , 2013, it is hereby ORDERED, ADJUDGED, and DECREED that the Motion of Defendant, Holly J. Hershey, for Sanctions and for Attorneys' Fees is hereby GRANTED. Defendant shall file a Motion to Withdraw. as Counsel for Plaintiffs with a corresponding Rule to Show Cause within five (5) days of receipt of this Order. Additionally, Plaintiffs' counsel shall bear the cost of defense counsel's attorneys' fees in preparation and submission of this Motion and request. Said attorneys' fees shall be provided to Plaintiffs' counsel and payment shall be made within thirty (30) days upon receipt of this Order. �C- w "' BY THE COURT, <> Distribution: •✓John A. Lucy, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109; Tel. (717) 761-4540; Fax (717) 761-3015; e-mail:jal @jdsw.com; •,,//Harry L. Witte, Esquire; 2338 North Second Street, Harrisburg, PA 17110; Tel. (717) 233-0108. •✓Donald R. Dorer, Esquire; Snyder'& Dorer, 214 Senate Avenue, Suite 600, Camp Hill, PA 17011; Tel. (717) 731-0988; Fax (717) 731-0987, e-mail:DORERD @nationwide.com. (2T,-ex fr&(*LECjL �' 1 20i /10V ? A1111: 20 CUHBERL '41) COO" fENNS YEN 1447�,' Johnson, Duffie, Stewart &Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Holly J. Hershey P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com TONDA S. FULLER and : IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 09-2513 Civil Term v. CIVIL ACTION — LAW • HOLLY J. HERSHEY and TROY L. SHIVELY, • JURY TRIAL DEMANDED • Defendants PETITION OF DEFENDANT, HOLLY J. HERSHEY, FOR COURT APPROVAL OF DISCONTINUANCE AND NOW, comes the Defendant, Holly J. Hershey, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and petitions this Honorable Court pursuant to Pa. R.C.P. 229 to order this matter discontinued, with prejudice, instructing the Prothonotary to close the docket and, in support thereof, avers as follows: 1. This case involves a 3-vehicle accident which occurred on April 25, 2007, on Interstate 81 in Silver Spring Township, Cumberland County, Pennsylvania. it 2. Plaintiffs commenced this action by filing of a Complaint on or about April 21, 2009. 3. At all times relevant hereto, the Plaintiffs were represented by Attorney Harry L. Witte, who remains attorney of record in this case. 4. It is believed, and therefore averred, that Plaintiffs through Plaintiffs' counsel settled the alleged personal injury action with Defendant, Troy L. Shively. 5. At some point thereafter, petitioning defense counsel was unable to maintain any consistent communication with Plaintiffs' counsel and, as such, a Motion for Status Conference was filed with this court on or about April 10, 2013. 6. This Status Conference was requested due to the fact that Plaintiffs' counsel had informed counsel for Defendant, Holly J. Hershey, that he was no longer the Plaintiffs' attorney, but had failed to file a Motion or Petition to Withdraw. 7. As of the date of this Petition, Plaintiffs' counsel has not filed a Petition for Withdrawal. 8. It is believed, and therefore averred, that Plaintiffs informally reached out to Attorney Lisa Benzie at Angino & Rovner for her review of the file. 9. Although Attorney Benzie did not take over handling of the file, she has been kind enough to informally counsel the Plaintiffs. 10. At this time, all parties have agreed to and signed Stipulations dismissing the above case with prejudice. See Stipulations attached hereto as Exhibit "A". 11. Given the nature of the representation, petitioning Defendant is filing this Petition for Court Approval of Discontinuance of this claim. 12. No parties object to the Petition. 2 0 ., 13. The Honorable Albert H. Masland has had prior involvement in this matter. WHEREFORE, Defendant, Holly J. Hershey, respectfully requests this Honorable Court pursuant to Pa. R.C.P. 229 to enter an Order dismissing and discontinuing this matter with prejudice and directing the Prothonotary to close this file. Respec . y submitted, J• 'NSON, DUFFI , STEWART : . EIDNER BY: /".-- Joh' 1 Lucy, Esquire • ney I.D. No. 203948 1 Market Street '.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal @jdsw.com Counsel for Defendant, Holly J. Hershey Date: November 20, 2013 3 .3 . I • • A E..)6 Johnson, Duffie, Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Holly J. Hershey P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com TONDA S. FULLER and : IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-2513 Civil Term v. • • CIVIL ACTION — LAW HOLLY J. HERSHEY and • TROY L. SHIVELY, • Defendants • JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE It is hereby stipulated by and between Defendant, Holly J. Hershey, by and through her undersigned counsel, Plaintiff, Tonda S. Fuller and Timothy I. Fuller, individually, and Defendant, Troy L. Shively, by and through his undersigned counsel that this matter is discontinued and ended with prejudice. olg3 TONDA S. FULLER DATE .��r%!' eeA/ ( /23J/3 OTHY . ULLER DAT JOHNSONjQJ2 DUFFIE, STEWART & WEIDNER BY: G C\N-jL �l JOHN A. LUCY, ESQUIRE DATE Counsel for Defendant, Holly J. Hershey LAW OFFIC OF SNYDER & DORER BY: CA-2 0. DONALD R. DORER, ESQUIRE DATE Counsel for Defendant, Troy L. Shively Johnson, Duffie, Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Holly J. Hershey P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com TONDA S. FULLER and • IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 09-2513 Civil Term v. . •: CIVIL ACTION — LAW HOLLY J. HERSHEY and : TROY L. SHIVELY, : Defendants • JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE It is hereby stipulated by and between Defendant, Holly J. Hershey, by and through her undersigned counsel, Plaintiff, Tonda S. Fuller and Timothy I. Fuller, individually, and Defendant, Troy L. Shively, by and through his undersigned counsel that this matter is discontinued and ended with prejudice. 3zict. A-k-k c___ .;._,,, TONDA S. FULLER DATE TIMOTHY I. FAILLE" DATE J(../,ON, DUF`IE, STEWART &WEIDNER B Ic..„ i1-, 'D_4'1/4-"3 JADFIN f. LUCY, ESQUIRE DATE Cou 'el for Defendant, Holly J. Hershey LAW OFFICp OF SNYDER & DORER BY: . l `-c DONALD R. DORER, ESQUIRE DATE Counsel for Defendant, Troy L. Shively Johnson,Duffle,Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Holly J. Hershey P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com TONDA S. FULLER and • IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 09-2513 Civil Term • v. • CIVIL ACTION —LAW • HOLLY J. HERSHEY and • TROY L. SHIVELY, Defendants • JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE It is hereby stipulated by and between Defendant, Holly J. Hershey, by and through her undersigned counsel, Plaintiff, Tonda S. Fuller and Timothy I. Fuller, individually, and Defendant, Troy L. Shively, by and through his undersigned counsel that this matter is discontinued and ended with prejudice. Cra-sz_ ‘cic G.szkJLA TONDA S. FULLER DATE CUL i .‘-A-"N TIMOTHY I. FULLER DATE JOHNSON, DUFFIE, STEWART&WEIDNER BY: Sikst. JOHN A. LUCY, ESQUIRE DATE Counsel for Defendant, Holly J. Hershey LAW O; 'I� •F 1 D' ?& DORER BY: ./ /I 0 2 •Lr`' LD R.'DOR R, ESQUIRE DATE Counsel for Defendant, Troy L. Shively CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition of Defendant, Holly J. Hershey, for Court Approval of Discontinuance has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2013: Harry L. Witte, Esquire 2338 North Second Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 (counsel for Defendant, Troy L ely) J� NSON, DUF IE, STEWART & WEIDNER BY: Jar A. Lucy t I 7 vi€ r► ��3' 26 Ali 1,1: . CUB'BERLAt�D Cjv' 6 ti PENNSYLVAtfl, TONDA S. FULLER and IN THE COURT OF COMMON PLEAS OF TIMOTHY I. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-2513 Civil Term V. CIVIL ACTION — LAW HOLLY J. HERSHEY and TROY L. SHIVELY, JURY TRIAL DEMANDED Defendants ORDER AND NOW, to wit, this oe(A'duday of 1-0114x4 40— , 2013, upon consideration of the Petition of Defendant, Holly J. Hershey, for Court Approval of Discontinuance and Stipulations by all parties, it is hereby ORDERED, ADJUDGED and DECREED that the above-captioned matter is discontinued, with prejudice. The Prothonotary is hereby directed to mark this matter as discontinued and ended, with prejudice. BY THE COURT: J. Distribution: John A. Lucy, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109; Tel. (717) 761-4540; Fax (717)761-3015. Harry L. Witte, Esquire; 2338 North Second Street, Harrisburg, PA 17110; Tel. (717) 233-0108. Donald R. Darer, Esquire; Snyder& Darer, 214 Senate Avenue, Suite 600, Camp Hill, PA 17011; Tel. (717) 731-0988; Fax (717) 731-0987. lev '!/.>_&//J