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HomeMy WebLinkAbout10-6800SHERIFF'S OFFICE OF CUMBERLAND COUNTY. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Patrick K. Tolan vs. Dwight S. Shumaker Case Number 2010-6800 SHERIFF'S RETURN OF SERVICE 11/01/2010 04:24 PM - William Cline, Corporal, who being duly sworn according to law, states that on November 1, 2010 at 1624 hours, he served a true copy of the within Writ of Summons, pon the within named defendant, to wit: Dwight S. Shumaker, by making known unto himself personally, at 45 Maple Lane, Newville, Cumberland County, Pennsylvania 17241 its contents and at the ahanding to him personally the said true and correct copy of the same. CLINE, DEPUTY SHERIFF COST: $39.24 SO ANSWERS, l November 04, 2010 RONN R ANDERSON, SHERIFF .4 CAD Frp i ?y 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 OF THE PROTHON TAR Y 011 JP?? -? PhiAtt? ?ort4ys for Defendant CUMBERLAND COUNTY PENNSYLVANIA PATRICK K. TOLAN and IN THE COURT OF COMMON PLEAS OF DEBRA TOLAN, Individually and as CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, : Plaintiffs NO. 10-6800 Civil V. CIVIL ACTION - LAW DWIGHT S. SHUMAKER, Defendant JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE AND RULE TO FILE COMPLAINT AND NOW, this 2-2-- day of November, 2010, kindly enter our appearance for Defendants Sarah Nornhold and Shaun Nornhold, and issue a Rule to Plaintiff to file a Complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. Respectfully submitted, JOH O , DUFFIE, STEWART & WEIDNER By. 7Je erso J. Ship an, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: December , 2010 Counsel for Defendant 425638 RULE TO FILE COMPLAINT TO THE PLAINTIFF: AND NOW, this day of ??6 , 2011, a Rule is hereby issued to you to file your Complaint in the above-captione action within twenty (20) days of the date of service hereof, or suffer judgment of non pros. DAVID D. BUELL, PROTHONOTARY By: bill :425638 Deputy 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 December SI ,,2010: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mich le E. Neff Zachary D. Campbell, Esquire I.D. No. 93177 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs FILED-OFFICL OF THE pROYHONOTARY 2011 JAN 21 W0? 41 CUM ERNSYLYANUA TY PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiff(s) V. DWIGHT S. SHUMAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6800 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE OF ZACHARY D. CAMPBELL, ESQUIRE AS CO-COUNSEL FOR PLAINTIFFS TO THE PROTHONOTARY: Please enter my appearance as co-counsel, along with Francis J. Lafferty, IV, Esquire, for Plaintiffs in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Zac D. Campbell, Esquire orney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Dated: 2011 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 460215-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Praecipe for Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this IfA day of January, 2011, on the following: VIA FIRST CLASS MAIL Dwight S. Shumaker c/o Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. z?aach Campbell, Esquire 460215-1 Zachary D. Campbell, Esquire I.D. No. 93177 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs F,L ED-o FICE 0F THE PROTHONOTARY 2911 JAS! 21 AM 10' 55, CUMBERLAND COUNTY PENNSYLVANIA PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiff(s) V. DWIGHT S. SHUMAKER Defendant TO: Dwight S. Shumaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6800 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 458650-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presenter comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 458650-1 Zachary D. Campbell, Esquire I.D. No. 93177 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiff(s) V. DWIGHT S. SHUMAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6800 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Patrick K. Tolan and Debra Tolan, by and through their attorney, Metzger, Wickersham, Knauss & Erb, P.C., and respectfully represents the following: 1. Plaintiffs, Patrick K. Tolan and Debra Tolan are adult individuals, who currently reside at 209 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant, Dwight S. Shumaker is adult individual with a last known address of 45 Maple Lane, Newville, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth occurred on October 27, 2008, at or about 3:12 p.m. at or near Trindle Road, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Patrick K. Tolan was the operator of a 2000 Dodge Ram bearing Pennsylvania License Plate No. YVK0987 which was owned by Plaintiff Patrick K. Tolan. 5. At the aforesaid time and place, Defendant Dwight S. Shumaker was the operator of a 1991 Chevrolet truck bearing Pennsylvania License Plate No. YJN7216 which was owned by Defendant Dwight S. Shumaker. 458650-1 6. On the aforesaid time and place, Plaintiff Patrick K. Tolan was traveling westbound on Trindle Road in Carlisle, Pennsylvania and had slowed his vehicle in caution of another vehicle who made a turn directly in front of Plaintiffs vehicle. 7. On the aforesaid time and place, Defendant Dwight S. Shumaker was traveling behind Plaintiff. 8. At the aforesaid time and date, Defendant failed to slow his vehicle and violently struck the rear of Plaintiff's vehicle. 9. As a result of the aforesaid accident and collision, Plaintiff, Patrick K. Tolan, sustained various personal injures including, but not limited to, low back pain, left hip pain, bilateral arm pain, bilateral leg pain, left L5 radiculitis, degenerative disc disease L5-S1, bilateral spondylolysis of L5, and other injuries. 10. As a result of the aforesaid accident and collision, Plaintiff, Patrick K. Tolan, has incurred various medical expenses for physicians, medical supplies, medication, therapy, and other medical treatment, and he will in the future continue to incur such medical expenses. 11. As a result of the aforesaid accident and injuries, Plaintiff, Patrick K. Tolan has undergone emotional and mental distress and anguish, embarrassment, and humiliation, and will in the future continue to undergo such mental distress, anguish, embarrassment, and humiliation. 12. As a result of the aforesaid accident and injuries, Plaintiff, Patrick K. Tolan, has undergone much pain, suffering, inconvenience, loss of enjoyment of life, and loss of life's pleasures, and will in the future continue to suffer such losses. 13. As a result of the aforesaid accident and injuries, Plaintiff, Patrick K. Tolan continues to suffer from residual problems from all of his injuries. 458650-1 COUNTI Patrick K. Tolan vs. Dwight S. Shumaker 14. Proceeding paragraphs 1 through 13 are incorporated herein by reference and made a part hereof. 15. The collision occurred solely as a result of the negligence, carelessness, and recklessness of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 16. Defendant owed a duty to operate his vehicle in such a way as to not cause harm or damage to other persons and to the Plaintiff in particular. 17. The aforesaid collision was the direct and proximate result of the Defendant's negligence, carelessness and reckless operation of the vehicle, consisting of the following: (a) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; (b) In operating the vehicle at an excessive rate of speed under the circumstances; (c) Operating his vehicle in careless disregard for the safety of persons and/or property; (d) Operating his vehicle in reckless disregard for the safety of persons and/or property; (e) Following too closely to Plaintiff's vehicle in violation of 75 Pa. C.S.A. §3310 and applicable law; (f) In failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with the rear of the vehicle in front of him; (g) Driving at a speed greater than is reasonable and prudent under the conditions and not having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead; 458650-I (h) In failing to give warning to Plaintiff Patrick K. Tolan of his impending collision with the vehicle in front of him; (1) In failing to observe vehicles on the roadway; (j) In failing to operate his vehicle in accordance with existing traffic conditions; (k) In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. §3361 and applicable law; (1) In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (m) In failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (n) Otherwise operating his vehicle at an unsafe speed in a careless and negligent manner; and (o) Rear ending the vehicle in front of him. 18. Defendant, Dwight S. Shumaker is liable to Plaintiff for all of those damages sustained by Plaintiff, as set forth in the preceding paragraphs. WHEREFORE, Plaintiff, Patrick K. Tolan, demands judgment against Defendant, Dwight S. Shumaker, in an amount exceeding that requiring submission to compulsory arbitration, plus costs. COUNT II Debra Tolan v. Dwight S. Shumaker 19. Proceeding paragraphs 1 through 18 are incorporated herein by reference and made a part hereof. 458650-1 20. By reason of the accident and injuries to her husband, Plaintiff Debra Tolan has suffered a loss of companionship, loss of services, loss of society, and loss of consortium, and she will in the future continue to suffer such losses. 21. Defendant Dwight S. Shumaker is liable for Plaintiff's losses. WHEREFORE, Plaintiff, Debra Tolan, demands judgment against Defendant, Dwight S. Shumaker, in an amount exceeding that requiring submission to compulsory arbitration, plus costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Campbell, Esquire Attorney I.D. No. 93177 Francis J. Lafferty, IV, Esquire I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: i f 2c(26t( Attorney for Plaintiffs 458650-1 VERIFICATION I, Patrick K. Tolan hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the Complaint is that of counsel and not of my own. I have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 1 ao?? ? Patrick K. Tolan 458650-1 VERIFICATION I, Debra Tolan hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the Complaint is that of counsel and not of my own. I have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: Debra Tolan 458650-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Dwight S. Shumaker c/o Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: 2b 2011 By: 7 M a D. ampbell 458650-1 I , I t t., I? ,?., y{ Ti f 4 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 PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6800 Civil V. DWIGHT S. SHUMAKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Patrict K. Tolan and Debra Tolan c/o Francis J. Lafferty, IV, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110 ,T AND NOW, this 31 day of January, 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. JOHNSON, DUFFIE, STEWART & WEIDNER Jefferson J. hipman Attorneys for Defendant 428958 , v , 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 PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiffs V. DWIGHT S. SHUMAKER, DefendcInt JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT DWIGHT S SHUMAKER AND NOW, c omes the Defendant, Dwight S. Shumaker, by and through his counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint. 1. Admitted only as to the addressed. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted upon information and belief. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6800 Civil CIVIL ACTION - LAW 7. Admitted. 8. Admitted in part, denied in part. It is admitted only that there was contact between the vehicles. The remaining averments of paragraph 8 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. 9. Denied. After reasonable investigation, Mr. Shumaker is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 9, and the same are therefore denied and strict proof is demanded at the time of trial. 10. Denied. After reasonable investigation, Mr. Shumaker is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 10, and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. After reasonable investigation, Mr. Shumaker is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11, and the same are therefore denied and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, Mr. Shumaker 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. Shumaker 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. COUNTI PATRICK K. TOLAN v. DWIGHT S. SHUMAKER 14. Mr. Shumaker incorporates herein by reference his answers to paragraphs 1 through 13 above as though fully set forth herein at length. 15. Denied. The averments contained in paragraph 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are specifically denied. 16. Denied. The averments contained in paragraph 16 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are specifically denied. 17. Denied. The averments contained in paragraph 17 and subparagraphs (a) through (n) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are specifically denied. (a) Denied. It is specifically denied that Mr. Shumaker was negligent in failing to slow or stop the vehicle; (b) Denied. It is specifically denied that Mr. Shumaker operated the vehicle at an excessive rate of speed; (c) Denied. It is specifically denied that Mr. Shumaker operated his vehicle in careless disregard for the safety of persons and/or property; (d) Denied. It is specifically denied that Mr. Shumaker operated his vehicle in reckless disregard for the safety of persons and/or property; (e) Denied. It is specifically denied that Mr. Shumaker was following too closely to Plaintiffs vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (f) Denied. It is specifically denied that Mr. Shumaker was negligent in allegedly failing to apply the brakes of the vehicle or take other evasive action to avoid a collision with the vehicle in front of him; (g) Denied. It is specifically denied that Mr. Shumaker was driving at a speed greater than is reasonable and prudent under the conditions and not having regard for the actual and potential hazards then existing and at a speed greater than will permit him to have brought his vehicle to a stop within the assured clear distance ahead; (h) Denied. It is specifically denied that Mr. Shumaker was negligent in allegedly failing to give warning to the Plaintiff of the colilision; (i) Denied. It is specifically denied that Mr. Shumaker was negligent in allegedly failing to observe vehicles on the roadway; 0) Denied. It is specifically denied that Mr. Shumaker failed to operate his vehicle in accordance with the existing traffic conditions; (k) Denied. It is specifically denied that Mr, Shumaker failed to drive at a speed and in a manner that would allow him to stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. §3361 and applicable law; (1) Denied. It is specifically denied that Mr. Shumaker failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (m) Denied. It is specifically denied that Mr. Shumaker failed to keep his vehicle under proper and adequate control so as to not expose other users to an unreasonable risk of harm; (n) Denied. It is specifically denied that Mr. Shumaker otherwise operated his vehicle at an unsafe speed and in a careless and negligent manner; and (o) Denied. It is specifically denied that Mr. Shumaker was negligent in allegedly rear-ending the vehicle in front of him. 18. Denied. The averments contained in paragraph 18 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. WHEREFORE, the Defendant, Dwight S. Shumaker, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II DEBRA TOLAN v. DWIGHT S. SHUMAKER 19. Mr. Shumaker incorporates herein by reference his answers to paragraphs 1 through 18 above as though fully set forth herein at length. 20. Denied. The averments contained in paragraph 20 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. 21. Denied. The averments contained in paragraph 20 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. WHEREFORE, the Defendant, Dwight S. Shumaker, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 22. That Plaintiffs' alleged caused of action may be barred in whole or in part by the Pennsylvania Financial Responsibility Law and by the limited tort option. 23. That if it should be found that there was any negligence on the part of Mr. Shumaker, which is denied, then in that event, any such negligence was not a factual cause of Plaintiffs' accident and alleged harm. 24. That the Plaintiffs' alleged cause of action may have been caused by an intervening cause. 25. That the Plaintiffs' alleged cause of action may have been caused by third parties or entities not presently involved in this action. 26. That Plaintiffs' alleged cause of action may have been caused by a dangerous condition of the roadway. 27. That Plaintiffs' alleged injuries may have been pre-existing. 28. That Plaintiffs' alleged cause of action may be barred by the applicable statute of limitations. WHEREFORE, the Defendant, Dwight S. Shumaker, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Date: January _IL_, 2011 428930 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B Jefferson J. hipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant 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. Date: l -X7 " l Dwigh . Shumaker 428957 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 January 31 , 2011: Francis J. Lafferty, IV, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER fferson J. Shipman FILED- OFiF1GF M. THE PROTHONOTARY 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 Defendant PATRICK K. TOLAN and IN THE COURT OF COMMON PLEAS OF DEBRA TOLAN, Individually and as CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, Plaintiffs V. DWIGHT S. SHUMAKER, 2011 FEB -2 PM 12: 5:3 CUMBERLAND CO 1 Attorneys for Defendant PENNSYLVANIA NO. 10-6800 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL IT IS HEREBY STIPULATED AND AGREED by and between Zachary D. Campbell, Esquire, counsel for Plaintiffs, and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraph (n) of paragraph 17, only, is hereby stricken and deleted from Plaintiffs' Complaint. METZGER, WICKERSHAM, JOHNSON, DUFFIE, STEWART & WEIDNER KNAUSS & ERB, P.C. By: By: 4cja D. Campbell, Esquire J erso J. Shipman, Esquire Date: 112--7 2°t( Date: 1 2-9 f << 428990 Zachary D. Campbell, Esquire I.D. No. 93177 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiffs - .it cO IM r, C -04 i XL. n k: ?V? F? t?1?p?"r??NOTA?z1 2?itfEB i4 P? t? ?i CUMBERLAND a? A Ty P PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiff(s) V. DWIGHT S. SHUMAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6800 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 22. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff was insured by Erie Insurance, under Policy Number Q10 1808037 H. Plaintiff elected the full tort option which enables him to seek all recoverable damages. 23. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 24. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of 461274-1 further reply, Plaintiff's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Answering Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 25. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Answering Defendant has failed to identify the other persons or entities who caused Plaintiff's injuries and, as a result, Plaintiff is unable to specifically reply. By way of further reply, the negligence and carelessness of the Defendants were the sole cause of the accident that resulted in Plaintiff's injuries as set forth in the Complaint filed in this action which is incorporated herein by reference. 26. Denied. The averments are denied and specifically denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has not identified any dangerous conditions that would have caused or contributed to the accident and strict proof of the same is demanded at trial. 27. Denied. The averments are denied and specifically denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has not identified any prior accident, illness, condition, injury or event which caused or contributed to Plaintiff Patrick K. Tolan's injuries and damages and strict proof of the same is demanded at trial. 28. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the civil action was filed against the Defendant prior to the expiration of the applicable statute of limitations. By way of further reply, the accident at issue occurred on October 27, 2008 and the earliest possible statute of limitations expiration would occur on October 27, 2010. The 461274-1 Complaint was filed with the Cumberland County Prothonotary on October 26, 2010 and served upon Defendant on November 1, 2010. The Defendant has no good faith basis to raise the statute of limitations defense in this Matter. WHEREFORE, Plaintiffs Patrick K. Tolan and Debra Tolan demand that Defendant Dwight S. Shumaker's New Matter be dismissed and that judgment be entered in Plaintiffs' favor and against Defendant as requested in the Complaint filed in this action. Date: Z'1 201% METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: OCampbell, Esquire I.D. No. 93177 Francis J. Lafferty, IV, Esquire I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 461274-1 VERIFICATION I, Patrick K. Tolan, do hereby verify that the facts set forth in the foregoing Reply are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ? Patrick K. Tolan 461274-] VERIFICATION I, Debra Tolan, do hereby verify that the facts set forth in the foregoing Reply are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: -r? U 7i--, Debra Tolan 461274-1 Pk CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of Plaintiffs' Reply to Defendant's New Matter with reference to the foregoing action by first class mail, postage prepaid, this day of February, 2011 on the following: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart and Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melanie L. Kirk, Paralegal 461274-1 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 PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiffs V. DWIGHT S. SHUMAKER, NO. 10-6800 Civil CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009 22 . ?? D C7 ? ?M TO: Francis J. Lafferty, IV, Esquire = > CZ Metzger, Wickersham, Knauss & Erb P.C. r ?' , 3211 North Front Street =V , Harrisburg, PA 17110-0300 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSO , DUFFIE, STEWART & WEIDNER By: Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: March, 2011 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on March I? , 2011: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: fferson J. Shipman, Esquire 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 Attorneys for Defendant PATRICK K. TOLAN and IN THE COURT OF COMMON PLEAS OF DEBRA TOLAN, Individually and as CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, Plaintiffs NO. 10-6800 Civil V. CIVIL ACTION - LAW DWIGHT S. SHUMAKER, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendant intends to serve ten (10) subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSO , DUFFIE, STEWART & WEIDNER By: Date: March J_?_, 2011 Jerson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, first class, postage prepaid, in Lemoyne, Pennsylvania, on March ?_, 2011: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By: J erson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K. Tolan and Debra Tolan, Plaintiffs vs. Dwight S. Shumaker, Defendant File No. 10-6800 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopedic Center (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, office notes, correspondence regarding Patrick Tolan DOB: 1130160 SSN: 172-56-8167 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 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K. Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Belvedere Family Medical Center (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, office notes, correspondence regarding Patrick Tolan DOB: 1/30160 SSN: 172-56-8167 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 BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology (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, including actual MRls of L-spine dated 511/09 and 1114109( films or diskettes) regarding Patrick Tolan DOB: 1/30/60 SSN• 172-56-8167 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 BY THE COURT: -b- Prothonotary/Clerk, Civil Division DATE: 2//)j / Seal of the Court C Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K. Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, diagnostic test results, office notes, correspondence regarding Patrick Tolan DOB: 1/30/60 SSN: 172-66-8167 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 BY THE COURT: Prothonotary/Cler , Civi Division DATE: -1 //i I / / Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Orthopedic & Spine Phvsical Therapy (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, physical therapy records, diagnostic test results, office notes, correspondence regarding Patrick Tolan DOB: 1/30/60 SSN: 172-56-8167 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 BY THE COURT: Prothonotary/Clerk, Civil Division DATE: /I / /!!! Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, diaanostic test results, from 1 /1 /03 through the present regarding Patrick Tolan DOB: 1/30/60 SSN: 172-56-8167 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. Esouire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE:/l/ Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K. Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Conservative Orthopedics (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, office notes, correspondence regarding Patrick Tolan DOB: 1/30/60 SSN: 172-66-8167 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 BY THE COURT: -?l ` j Prothonotary/Clerk, Civil Division Deputy DATE: '3116111 Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K. Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center (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, from 1 /1 /03 through the present regarding Patrick Tolan DOB: 1/30/60 SSN: 172-56-8167 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. Shioman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE: _3116 /j / Seal of the Court Depu (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management (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, office notes, correspondence regarding Patrick Tolan DOB: 1/30/60 SSN: 172-56-8167 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 BY THE COURT: DATE: 3Z L'! Z// Seal of the Court Prothonotary/Clerk, Civil Division, Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick K. Tolan and Debra Tolan, vs. Plaintiffs File No. 10-6800 Dwight S. Shumaker, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HeaMSouth of Mechanicsburg (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, office notes, correspondence, physical therapy records regarding Patrick Tolan DOB: 1/30/60 SSN: 172-56-8167 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 BY THE COURT: Prothonotary/Clerk, Civil Division DATE: .3116111 Seal of the Court Deputy (Eff. 7/97) JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman ("UMBERLAND GG" `F. I.D. No. 51785 PENNSYLVANIA 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com PATRICK K. TOLAN and DEBRA TOLAN, Individually and as husband and wife, Plaintiffs V. DWIGHT S. SHUMAKER, Defendant NO. 10-6800 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO MARK THE DOCKET SETTLED. SATISFIED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above docket settled, satisfied and discontinued. METZGER, WICKERSHAM, JOHNSON, DUFFIE, STEWART & WEIDNER KNAUSS & ERB, P.C. i By: By: ary D. Campbell, Esquire J ffe On J. Shi an, Esquire Counsel for Plaintiffs Counsel for Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DATE: 5L31120 12 DATE: C< I ;L- 498186