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HomeMy WebLinkAbout09-6821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009- loam Civil Action - JURY TRIAL DEMANDED Joseph and Cathy Crownover Oliver J. Monroy 2418 Rye Circle 30 East Mt. Airy Rd. Mechanicsburg, PA 17055, Dilisburg, PA 17019, Plaintiffs Versus Defendant ?ivil term PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to( ) Attorney (X )Sheriff Shollenbemer & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 Court ID No.: 34343 Date: ` 0w 0 _/ Oq of THE ??:. _ `!? NARY 2009 OCT 14 AH 8: 28 C:w : E NT`.i -", ,c;"t ?tasttx i'Lf 1._?,,, . 08.50 PD AT'Cy shotlenloerr?er ?yc t LI SSs tZT# 0231907 oq - wal WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Oliver J. Monroy 30 East Mt. Airy Rd. Dillsburg, PA 17019, YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: _ 10bitlo ) Check here if reverse is issued for additional information. SHERIFF'S OFFICE OF CUMBERLAND CCkY,,.L , f?HE PRr F r _,. 0TARY R Thomas Kline Sheriff ?9?ptr of Cuurbrry?? 2099 NuY 24 Ali 8:36 Ronny R Anderson Chief Deputy 1NITY Jody S Smith Civil Process Sergeant OFFICE OF '"F ?-ERIFF Edward L Schorpp Solicitor Joseph Crownover vs. Oliver J. Monroy Case Number 2009-6821 SHERIFF'S RETURN OF SERVICE 10/16/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Oliver J. Monroy, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 11/17/2009 York County Return: And now, November 17, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Oliver J. Monroy the defendant named in the within Writ of Summons and that I am unable to find him in the County of York and therefore return same NOT FOUND. Defendant has moved to 2012 Market Street 2nd Floor, Camp Hill, PA 17011. 11/18/2009 07:15 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1915 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Oliver J. Monroy, by making known unto himself personally, at 2012 Market Street, 2nd Floor Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $60.94 November 19, 2009 SO ANSWE foot 4 R THOMAS KLINE, SHERIFF Deputy Sheriff c) Count Suite Sheriff Te.eosoft, Inc. COUNTY OF YORK OFFICE OF THE SHERIFF SER )I7 19 011. 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE "ice PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OftY 1 THRU 12 CIO NOT MTAIM MY COPES 1. PLAINTIFF/S/ 2 COURT NUMBER 2009-6821 Joseph and Cathy Crawnover 4 TYPE OF WRIT OR COMP INT 3. pEFENDANTlS/ Oliver J. Monroy Writ of S ns >11 SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE VIE CHED, OR LD Oliver J. Monro PERSONAL -------------------- 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AW AT ST pli 7. INDICATE SERVICE ERSONAL U PERSON IN CHARGE U DEPUTIZ 1 CERT MAIL U 1ST CLASS MAIL U POSTED -I ER NOW OCTOBER 16 20 09 I, SHERIFF UN ereby deputize the sheriff of YORK COUNTY to execute t? t or Ing to law. This deputization being made at the request and risk of the plaintiff. SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION .THAT WILL ASSIST IN EXPEDITING S CE T OF CO CUMBERLAND t sT ? ADV FEE PAID BY ATTY. 64= h NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy eri f levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY ! ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED Timothy A. Shollenberger 10-14-09 12. SEND NOTICE OF SERVICE 6E ( fs area mus be completed if notice is to be mailed) Timothy o en erger 2225 Millennium Way, Enola PA 17025 CUMBERLAND CO SHERIFF SPACE IIE1.OW FOR USE OF THE SHEFWF - 00 NOT ONX O'W "ft ILIA 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or comnplaint as irldicaled above. MJ MCGILL YCSO 10-20-09 111-13-09 16. HO SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) It NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTSI AN& I lit. 1 Date I Time I Miles I Int 1 Date I Time I Miles I Int 1 Date I Time I Miles I Int. I Date I Time I Miles I Int. I Dale I Time I Miles I Int. 22. REMARKS: PER DEFENDANT'S MOTHER HIS ADDRESS IS 2012 MARKET STREET, 2ND FLOOR, CAMP HILL, PA 17011 -0 9.00 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 No 31 Surchg. 32 Td. Costs 33 Costs Due Refun C c 100.00 ffW6th t?3 5.00 38.75 6 • No 43.75 56.25 N 34. Fonaign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/PostagelNot Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and wbscnbed to bef lhi 17 SO ANSWERS 1VUVeli1D2Z? 44. Signature of 45. GATE 42 day of 7 A Dep. Sheriff -. ?..--.... 46. Signature of York 47 DATE County Sheriff / l a L ,RAG f? rnY =u !c RICHARD P. 1K , 3HE JJJA 7/09 G;YLYYJRK,YChtCC''?NTY - - neY cnmmiSSION EXPIRES r;:J 12. -10 113 48 Signature of Foreign 49 DATE FILED-OFFICE THE PPJTHt?NOTA ,r, JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com ?011 MAY 26 AM 11: 37 CUMBERLAND COONT`Attorneys for Defendant PENNSYLVANIA JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: PLEASE enter our appearance for Defendant and issue a Rule upon the Plaintiffs, Joseph and Cathy Crownover, to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. Z;e DUFFIE, STEWART & WEIDNER J z? Date: May 15- , 2011 on J. Shipman, Esquire RULE TO: Plaintiffs Joseph and Cathy Crownover c/o Timothy Shollenberger, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered gainst yo Date: 61dull ) 443247 Pr thonotary paUQ eatm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance and Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 2011: Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER fferson J. Ship an SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant "F'Li D-0FFICE- 2u 11 Ji_I" 16 A o I 00,4 8ERLAr'-%'D PPW Sy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Joseph Crownover and Cathy Crownover, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Joseph Crownover, is an adult individual who currently resides at 2418 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Cathy Crownover, is an adult individual who currently resides at 2418 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffs, Joseph Crownover and Cathy Crownover, are husband and wife having been married on February 15, 1986. 4. Defendant, Oliver J. Monroy, is an adult individual whose last known address is 2012 Market Street, 2nd Floor, Camp Hill, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on March 17, 2008, at or about 4:45 p.m. on the State Route 15 North off ramp at Lisburn Road. 6. At the aforesaid time and place, Plaintiff, Joseph Crownover, was the operator of a 1994 Honda Accord bearing Pennsylvania registration ESA9084. 7. At the aforesaid time and place, Defendant, was the operator of a 2003 Ford F350 bearing Pennsylvania registration YLY4798. 8. At the aforesaid time and place, Plaintiff, Joseph Crownover, was operating the 1994 Honda Accord on the State Route 15 North exit ramp approaching the intersection with Lisburn Road. 9. At the aforesaid time and place, Defendant, Oliver J. Monroy, was operating the 2003 Ford F350 eastbound on Lisburn Road and failed to stop at the solid red traffic light, preceded into the intersection and slammed into the driver's side door of the 1994 Honda Accord, operated by the Plaintiff, Joseph Crownover. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Oliver J. Monroy, in operating the 2003 Ford F350 in a careless, reckless, and negligent manner as follows: a. Failing to stop his vehicle before entering the intersection when facing a steady red traffic control signal in violation of Section §3112 (a) (3) (i) of The PA. Motor Vehicle Code; b. Failing to yield the right-of-way to another vehicle in the intersection in violation of Section 3323 (b) of The PA Motor Vehicle Code; C. In failing to have his/her vehicle under proper and adequate control; d. In failing to apply the brakes in time to avoid the collision; e. In failing to observe Plaintiffs vehicle on the highway; f. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; g. In failing to exercise the high degree of care required of a motorist entering an intersection; h. In failing to properly observe traffic signals controlling defendant's direction of travel; i. In failing to keep a reasonable look-out for other vehicles lawfully on the road; j. In attempting to enter an intersection when such movement could not be safely accomplished; and k. In proceeding through an intersection when such movement could not be made in safety. COUNT 1 JOSEPH CROWNOVER V. OLIVER J. MONROY 11. Paragraphs 1 through 10 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 12. As a result of the aforesaid collision, Plaintiff, Joseph Crownover, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other connective tissues at or about the cervical spine; b. Severe strain and sprain of the trapezius muscle; C. Various contusions and abrasion including but not limited to the chest; d. Right shoulder injury; e. Tear of the posterior horn of the right medial meniscus; f. Neuroforaminal stenosis right C5-6; g. Cervical radiculopathy; h. Cervical spine disease status post disc replacement; Cubital tunnel syndrome right upper extremity; Right paracentral disc protrusion; and k. Headaches. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, Joseph Crownover, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Joseph Crownover, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Joseph Crownover, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Joseph Crownover, has sustained scarring and disfigurement for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, Joseph Crownover, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 18. As a further result of this collision, Plaintiff, Joseph Crownover, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 19. As a further result of the aforesaid injuries, Plaintiff, Joseph Crownover, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 20. Plaintiff, Joseph Crownover, was the named insured on a policy of insurance issued to him by Liberty Mutual bearing policy number A02-281-108996-6074 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "A". Therefore, Plaintiff, Joseph Crownover, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Joseph Crownover, demands judgment against the Defendant, Oliver J. Monroy, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT 2 CATHY CROWNOVER V. OLIVER J. MONROY 21. Paragraphs 1 through 20 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 22. As a further result of injuries sustained by her husband, Plaintiff, Cathy Crownover, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to her great detriment and loss. 23. As a further result of the injuries sustained by her husband, Plaintiff, Cathy Crownover, has suffered a loss of earnings for which damages are claimed. WHEREFORE, Plaintiff, Cathy Crownover, demands judgment against Defendant, Oliver J. Monroy, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: 0//P/m th A. h lenberger, Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 Date: (l11 e ?? 2011 (717) 728-3400 (fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this _^ay of ?th 2011, 1 hereby certify that a copy of the foregoing Complaint has been serv upofollowing, via U.S. Mail: Jefferson J. Shipman Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP By: TO my A. ollen ger, Esq. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant FILED-O"FIGE THE PROTHONOTARI 2011 JUN 24 AM 10' 02 CU PENNSYLVANIA TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION' Dear Prothonotary: Please attach the Verification attached hereto to Plaintiff's Complaint in the above-captioned matter. Respectfully submitted, B, SHOLLENBERGER & JANUZZI, LLP 0 0 VERIFICATION Ln,?;n?? c , hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. S' at re Date: ;o?ly?ll G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)\Verification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 L.J JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com tl ,lrj F' IANO COUtd a=(g, ?d?s'alA Attorneys for Defendant JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NOTICE TO PLEAD JURY TRIAL DEMANDED TO: Joseph and Cathy Crownover Timothy A. Shollenberger, Esquire AND NOW, this day of August, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6821 Civil Term CIVIL ACTION - LAW JOHNSON, DUFFIE, STEWART & WEIDNER v eff on J. hipman, Esquire Counsel for Defendant 446341 T JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT OLIVER J. MONROY AND NOW, comes the Defendant, Oliver J. Monroy, by and through his counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and respectfully answers the Plaintiffs Complaint, as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted only that Mr. Monroy was operating a 2003 Ford F-350 eastbound on Lisburn Road. The remaining averments of paragraph 9 are conclusions of law and fact to which no response is required. 10. Denied. The averments contained in paragraph 10 and subparagraphs (a) through (k) 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 Mr. Monroy failed to stop his vehicle before entering an intersection and facing the steady red traffic signal in violation of Section 3112 of the Pennsylvania Motor Vehicle Code; (b) Denied. It is specifically denied that Mr. Monroy failed to yield the right-of-way to another vehicle in the intersection in violation of Section 3323 of the Motor Vehicle Code; (c) Denied. It is specifically denied that Mr. Monroy failed to have his vehicle under proper and adequate control; (d) Denied. It is specifically denied that Mr. Monroy failed to apply the brakes in time to avoid the collision; (e) Denied. It is specifically denied that Mr. Monroy failed to observe Plaintiff's vehicle on the highway; (f) Denied. It is specifically denied that Mr. Monroy failed to operate his vehicle in accordance with existing traffic conditions and controls; (g) Denied. It is specifically denied that Mr. Monroy failed to exercise the high degree of care required by motorists entering an intersection; (h) Denied. It is specifically denied that Mr. Monroy failed to properly observe traffic signals controlling his direction of travel; (i) Denied. It is specifically denied that Mr. Monroy failed to keep a reasonable lookout for other vehicles lawfully on the road, 0) Denied. It is specifically denied that Mr. Monroy attempted to enter an intersection when such movement could not be safely accomplished; and (k) Denied. It is specifically denied that Mr. Monroy proceeded through an intersection when such movement could not be made safely. COUNT I JOSEPH CROWNOVER v. OLIVER J. MONROY 11. Mr. Monroy incorporates herein by reference his answers to paragraphs 1 through 10 above as though fully set forth herein at length. 12. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12, and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13, and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14, and the same are therefore denied and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15, and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16, and the same are therefore denied and strict proof is demanded at the time of trial. 17. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 17, and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 18, and the same are therefore denied and strict proof is demanded at the time of trial. 19. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 19, and the same are therefore denied and strict proof is demanded at the time of trial. 20. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 20, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Oliver J. Monroy, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT 2 CATHY CROWNOVER v. OLIVER J. MONROY 21. Mr. Monroy incorporates herein by reference his answers to 1 through 20 above as though fully set forth herein at length. 22-23. Denied. After reasonable investigation, Mr. Monroy is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 22 and 23, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Oliver J. Monroy, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 24. That Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 25. That if it should be found that there is any negligence on the part of Mr. Monroy, which is denied, then in that event, any such negligence was not a factual cause of the accident nor Plaintiffs alleged injuries. 26. That Plaintiffs alleged injuries may have been pre-existing. 27. That Plaintiff may have failed to mitigate his alleged injuries. 28. That Plaintiffs alleged cause of action may have been caused by third parties or entities not presently involved in this action. 29. That Plaintiffs alleged cause of action may be barred by the Pennsylvania Pennsylvania Comparative Negligence Act and by Plaintiffs own negligence in the following: (a) Failing to be attentive; (b) Failing to observe the Defendant's vehicle in attempt to avoid the accident; (c) Traveling too fast for conditions; (d) Failing to have his vehicle under proper and adequate control; (e) Failing to operate his vehicle in accordance with existing traffic conditions and controls; (f) That Plaintiffs own negligence may have been a factual cause of the happening of the accident and his injuries. WHEREFORE, the Defendant, Oliver J. Monroy, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: August , 2011 10&&n J. Ship an, Esquire 446341 VERIFICATION The undersigned verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. ????1 f Date: 446431 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendant has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August A, 2011: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER J fferson J. Ship an JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I . D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant i 61 R. U 2 11 AUG 214 Ai i I I: ("l MBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant Olivery J. Monroy in the above-captioned matter. Respectfully su ed, / JOHNS, DUFFIE, RT & WEIDNER By: Joh ucy, Esquire y I.D. No. 203948 3 Market Street P. O. Box 109 emoyne, PA 17043-0109 Telephone (717) 761-4540 Date: August 23, 2011 Counsel for Defendant 456114 CERTIFICATE OF SERVICE AND NOW, this 23`d day of August, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JC By 'N ' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant OT HONOTA 0 4ui1?1L _tJ Pi 1' 45 r'Ji0ERLACID COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S ANSWER AND NEW MATTER AND NOW COME THE PLAINTIFFS, Joseph Crownover and Cathy Crownover, by and through their attorney, SHOLLENBERGER AND JANUZZI, LLP, and file their Reply to New Matter of Defendant, Oliver J. Monroy, (hereinafter "Defendant"), and, in support thereof, respectfully represents the following: 23a. Paragraphs 1 through 23 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 26. Denied. It is specifically denied that Plaintiff's alleged injuries may have been pre-existing. 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 29. Denied. The averments contained in paragraph 29 and subparagraphs (a) through (f) are conclusions of law to which no answer is required. To the extent an answer is required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Plaintiff failed to be attentive. (b) Denied. It is specifically denied that Plaintiff failed to observe the Defendant's vehicle in attempt to avoid the accident. (c) Denied. It is specifically denied that Plaintiff was traveling too fast for conditions. (d) Denied. It is specifically denied that Plaintiff failed to have his vehicle under proper and adequate control. (e) Denied. It is specifically denied that Plaintiff failed to operate his vehicle in accordance with existing traffic conditions and controls. (f) Denied. It is specifically denied that Plaintiff's own negligence may have been a factual cause of the happening of the accident and the injuries. WHEREFORE, the Plaintiffs respectfully requests that the Defendants' New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. Respectfully submitted, Date: 09,o2-11 SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: ?Z5?? y I n b rg r, s q. Attorney I. D. #34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this day of , 2011, 1 hereby certify that a copy of the foregoing Complaint has been serve upon the following, via U.S. Mail: Jefferson J. Shipman Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP By: AtA. Qhe e , sq. ofKin0W, v 3 0 ..•- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant 7011 SEP -9 PN 12: 18 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED cUMBERLAND COUNT' PENNSYLVANIA CERTIFICATE OF SERVICE And now, this I'll day of 2011, 1 hereby certify that a copy of the foregoing Plaintiff's Response to Defendant's Request for Production of Documents has been served upon the following, via U.S. Mail: Jefferson J. Shipman Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP By: oll ber r, E q. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs v. OLIVER J. MONROY, Defendant .;; i 1 R0T1-IONOTAR"i 1 SEP -9 P 12= 18 r-UMBERLAND COUNT't' PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this ? day of Ixl,`2011, 1 hereby certify that a copy of the foregoing Plaintiffs Answers to Defen ant's Interrogatories has been served upon the following, via U.S. Mail: Jefferson J. Shipman Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP By: i A. hol ber , Esq. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs 114 pv? Z. kic) Ct??B?RLAR© CCUt 1V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER J. MONROY, Defendant NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Ak AND NOW this V day of September, 2011, 1 hereby certify that I have served the updated medical records from Orthopedic Institute of Pennsylvania as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHi By: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way t7V Enola, PA 17025 t!1r1i LRLA'N'0 COU11 Telephone Number: (717) 728-3200 s' ?PIS`(L!P!' Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER J. MONROY, Defendant NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ah And now, this M l4 day of November, 2011, 1 hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via U.S. Mail: John Lucy, Esq. Johnson, Duffie, Stewart & Weidner PO Box 109 Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP yj-/ B Danielle Winn, Legal Assistant to Timothy A. Shollenberger 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way 1'j'iBEPC.?)JNj COLIi T- Enola, PA 17025 i'ENNISY'LYAN114 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. OLIVER J. MONROY, Defendant NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this i L day of November, 2011, 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via U.S. Mail: John Lucy, Esq. Johnson, Duffie, Stewart & Weidner PO Box 109 Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP By: Danielle Winn, Legal Assistant to Timothy A. Shollenberger, Esq. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant M FILED-OFFICE PROTHONOTARY 2012 JAN 17 PM 2: 19 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SIERVICE AND NOW this 13? day of January, 2012, 1 hereby certify that I have served the updated lien statement from the Department of Public Welfare as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Lucy, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 By: SHOLLENBERGER & JANUZZI, LLP Timothy A. Shollenberger Attorney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant t t t? ?- 4,y 0,r T t R f _. j"i 14 24 PM 12: 24 `:UMBERLA14U C0ur , PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this C( day of January, 2012, 1 hereby certify that I have served the updated medical records from Orthopedic Institute of Pennsylvania, Susquehanna Valley Pain Management, Hershey Medical Center and Tristan Associates as well as a photograph as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Lucy, Esq. Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLEN RGER & JANUZZI, LLP SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant P Hr t? JA 24 Ptl PEN sS LVAp?;,u?, 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 3?d And now, this Z day of , 2012, 1 hereby certify that a copy of the foregoing Plaintiff's Supplemental swers Defendant's Interrogatories has been served upon the following, via U.S. Mail: John A. Lucy Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 By SHOLLENBERGER & JANUZZI, LLP SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant r ,L L F'P,Oi Qjq OiAf,, 12 FEB 22 Pip 1: 20 r'UMBERLANO COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of February, 2012, 1 hereby certify that I have served the updated medical records from Orthopedic Institute of Pennsylvania as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Lucy, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBERGER & JANUZZI, LLP SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant rn CO w - -? r cn z -? c a - cs CD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6821 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE J> AND NOW thisG day of February, 2012, 1 hereby certify that I have served the updated medical records from Hershey Medical Center and employment records as Supplemental Responses to Request for Production of Documents and Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John Lucy, Esq. Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 SHOLLENBk-YiGER & JANUZZI, LLP By: AdabMolfe, Esq. for Timothy A. Shollenberger Attorney ID# 34343 FILED-OFFICE OF THE PROTHONOTARY 7012 JUL 27 PM is 59 JOH10 1, DUFFIE, STEWART & WNIMER By: John A. Lucy CUMBERLAND COUNTY I.D. No. 203948 PENNSYLVANIA 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal*dsw.com JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant TO: Joseph & Cathy Crownover Timothy Shollenberger, Esquire ShoNenberger & Januzzi, LLP 2225 MKiennium Way Enola, PA 17025 Attorneys for IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV) NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the attached thereto, was mailed, or delivered to each party at least twenty days prior to date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, attached to this Certificate; 507180 JERRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY oy-?rsoN i DUFFIE ELIZABETH D. SNOVER SARAH E. OFFMAN CAROLYN B. CCLAIN JOHN A. LUCY ULYSSES S. WILSON JULIA A. PHILLIPS OF OUNSEL HORACE A. J HNSON C. ROY WEI NER, JR. CONSTANCE .BRUNT wurRt: S'Exr. No. 1 X16 E-MAIL kan. jdgwx m July 12, 2012 Timothy.Sholienberger, Esq. Shollenbe,rger & Januzzi, LLP 2225 Nl nnium Way Enola, PA 17025 Re: Jh d C ; _ W. WftJ. v Cumberland County; Docket No. 09-6821 CM1 Term Dear Mr. Shollenberger: Enclosed please find a Notice of Intent to Sere Subpoenas along with a copy of subpoenas directed to the following entities regarding the above-captioned action: (1) J.C. Blair Memorial Hospital; (2) Magnetic Imaging Center; (3) Mechanicsburg Family Practice; (4), Orthopedic Institute of PA; (5) Pinnacle Health; and (6) Tristan Associates. If you do not have an objection to the subpoena, please sign and return the encle Waiver for the 20-day objection period at your earliest convenience so that we may obtain records in a timely manner. Very truly yours, JOHNSON, DUUF?FIE, STEWART & WEIDNER e E . Nelson, Para al lwj JAL/kan: to John A. Lucy, Esquire 22740-2794 Enclosures 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON, DUFFLE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@idsw.com JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant Attorneys for Defendai IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV/ NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to t ones attached to this notice. You have twenty (20) days from the date listed below in which file of record and serve upon the undersigned an objection to the subpoena. If no objection made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFLE ART & WEIDNER By: cy, Esquire Att I . D. No. 203948 arket Street 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: 7]IZ/t2- Counsel for Defendant F IA CIERTIFICATE OF SERVICE AND NOW, this Id 44 day of , 2012, the undersigned does hers certify that he did this date serve a copy the foregoing Notice of Intent to Se Subpoenas upon the other parties of record by causing same to be deposited in United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed follows: Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: Kellie Neon, Parale, to John A. Lucy, Esq. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NO., 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED SUB,POEN,A TO PRODWCE DOCUMENT9 OR THINGS FOR DISCOVERY PURSUANT TO RULE 4000-22 TO: (Name of Person or Within twenty (20) the following documents or after service of this subpoena, you are ordered by the court to produce at Johnson Duffa< 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 b I subpoena, together with the certificate of compliance, to the party making this request at the addn listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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: Seal of a Court John A Lucy. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 203948 Defendants (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, TO: Defendant NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PROQU99 DOCUM TS R THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Rj@gnoatic/radkdoCft I h1 of Jta"fi C yvei dolb• 1 1lfl - $00 20746-0410. of r knee, on or about 11/10105 and 6/17/08; Cervical Spine, on or about 6/17108. at Johnson. Duffie. Stewart & Weidner, 01 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by i subpoena, together with the certificate of compliance, to the party making this request at the addn listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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: 'I I.3 /cZ Seal o th Court John A. Lucy, Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 203"8 De ndants (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUM9NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mechanicsburg Family Practice 122 S Filbert Street Mechanicsburg PA 17055 (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: QlannoodGffimcoolook ??eeciliara!!v a Soho x,,m , 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 d subpoena, together with the certificate of compliance, to the party making this request at the addn listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) d after its service, the party serving this subpoena may seek a court order compelling you to comply with THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: Se of he Court John A. Lucy. Esouire 301 Market Street Lemoyne. PA 17043 717-761-4540 203948 Defendants (Eff. 7/97) BY THE COURT: COMMOIW-ALTH OF PEIftYLVANIA COUNTY OF CUMBERLAND JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUQ5 DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of PA 3399 Trindle Road QMip Hill, PA 17011 (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: Ohm Radkdoctic fps lbftd below of Joeaft Orewpovor. dob,12f92f'ffMli. $90 20744,04108 Bilateral knee x-ray, from on or about 1 VOWS; Right knee fiims, from on or about 6/13108; UN of RigM knee and Cervical Spine, from on or about 7A*=; Comical Spine from on or about 2/10109, 8/14/09, 4/06M0, 6102/10, and 6/06/11; Lumboeacrai Spine film from on or about 5131/12. at Johnson. Duffie Stewart & Weidner, 301 Market Street. P .Q. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by t subpoena, together with the certificate of compliance, to the party making this request at the adds listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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: 7 Seal /of 'e Court John A. Lucv. Esquire 301 Market Street Lemoyne. PA 17043 717-761-4540 203948 Defendants (Eff. 7/97) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NO. 09-6821 Civil Tenn CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4M.22 TO: PinnecleHealth Harrisburg Campus P O Box 8700, Harrisburg PA 1710517055 (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: DilannggVQ nN#Woarie f bno hied bsiow of Josa* Cnpnmar, ddab: 1ZMMMM 1"l-K-04110. Rat knee, from on or about 10130188, taken at Solidle Memorial Hospital; Brain CT, from on or about 6117108, taken at the Fredrickson Center; Cervical Spine, from on or about 3122110. 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 1 subpoena, together with the certificate of compliance, to the party making this request at the a ddn listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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 o 'th Court John A. Lucy. Esquire 301 Market Strut Lemoyne. PA 17043 717-761-4540 203948 Defendants (EfF. 7197) BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CWftRLAND JOSEPH and CATHY CROWNOVER, Plaintiffs V. OLIVER J. MONROY, Defendant NO. 09-6821 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED SUSPOEN6 TO PRO,DUCEDOCUM ITS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan ftSociates 240 Grandview Ave Came Hill PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foi Wft documents or things: MWILAMiscifteRv a CT Carwiftm a&dna 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 thi subpoena, together with the certificate of compliance, to the party making this request at the addres listed above. You have the right to seek in advance the reasonable cost of preparing the copies c producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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: Se a Court John A. Lucy. Esouire 301 Market Street Lemoyne. PA 17043 717-761-4540 2 3948 Defendants (Eff. 7/97) BY THE COURT: CERTIFICATE OF VICE AND NOW, this 2-0 day of 2012, the undersigned does her certify that he did this date serve a copy of the foregoing Certificate Preregtds#e upon other parties of record by causing same to be deposited in the United States, Mail, class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Timothy Shollenberger, Esquire Sho#enberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEI'DNER By: 507180 SHOLLENBERGER & JANUZZI, LLP MAR 21 PM 1; 07 2225 Millennium Way ;'> Enola, PA 17025 �-�JMBEr'�LANU C�ttNT`r' Telephone Number: (717) 728-3200hWSYLYANA Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY IN THE COURT OF COMMON PLEAS CROWNOVER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 2009-6821 OLIVER J. MONROY, CIVIL ACTION - LAW Defendant And now, this 13th day of March, 2013, 1 hereby certify that a true and correct copy of the Notice of Deposition of Bob Billman has been served upon the following via U.S. Mail, postage prepaid, addressed to: John Lucy Johnson, Duffle, Stewart&Weidner PO Box 109 Lemoyne, PA 17043 SHOLL E GER & JANUZZI, LLP By: y of b , Esq. SHOLLENBERGER & JANUZZI, LLP `` 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH CROWNOVER and CATHY IN THE COURT OF COMMON PLEAS CROWNOVER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 2009-6821 OLIVER J. MONROY, CIVIL ACTION - LAW Defendant And now, this251h day of March, 2013, 1 hereby certify that a true and correct copy of the Notice of Deposition DENNIS R. MARTIN of has been served upon the following via U.S. Mail, postage prepaid, addressed to: John Lucy Johnson, Duffle, Stewart& Weidner PO Box 109 Lemoyne, PA 17043 SHOLLENBE & JANUZZI, LLP By: elly jo oll erger, Esq. a= NE I•ROTNONOTAN ., 2014 JAN 24 AM t. 47 CUM RLARP COUNTY PtMS' LVANIA Shollenberger & Januzzi, LLP By: Timothy A. Shollenberger, Esquire Attorney I.D. No. 34343 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 E-mail: tas @sholljanlaw.com Attorneys for Plaintiffs JOSEPH and CATHY CROWNOVER, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-6821 Civil Term CIVIL ACTION — LAW OLIVER J. MONROY, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter "settled, discontinued and ended." SHOLLENBERGER JANUZZI, LLP BY: Timothy A. Shollenberger, Esquire Counsel for Plaintiffs Date: 23 , 201 570631