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Home My WebLink About12-0716IN THE COURT OF COMMON PLEAS ca CUMBERLAND COUNTY, PENNSYLVANIA ? C= N No. 11(? - 2012 =rn ? r- Civil Action - Z? v1 arti JURY TRIAL DEMANDED A n C) --1 CJ Z YANCEY SARA E. BINGAMAN MARIAH L Zo S") . 3506 North 6t?' Street 70 Northcrest Drive -- CO -4 M Harrisburg, PA 17110 York Haven, PA 17370 cn -c Versus Plaintiff & Defendant & Address Address 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 ( ) Arney ( X )Sheriff Adam T Wolfe Esquire Ak- Shollenberger & Januzzi LLP 2225 Millennium Way Signature of Attorney Enola. PA 17025 (717) 728-3200 Supreme Court ID No. 201057 Date: January 25, 2012 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): Sara E. Bingaman ® % d Q jZ I# a `7b? t8 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. tary Date: ,I Li t a by Deputy ( ) Check here if reverse is issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?012 FEB 2$ AM B. 3i4 ?UMBERLhii,' ! 0U N T Y pEW4SYLVAA1A Mariah L. Yancey vs. Sara E. Bingaman Case Number 2012-716 SHERIFF'S RETURN OF SERVICE 02/08/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sara E. Bingaman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 02/13/2012 07:05 PM - York County Return: And now February 13, 2012 at 1905 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Sara E. Bingaman by making known unto herself personally, at The York County Sheriffs Office, 45 N. George Street, York, Pennsylvania 17370 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, If Chief Deputy, Operations Chief Deputy, Administration MARIAH L. YANCEY vs. SARA E. BINGAMAN Case Number 716-2012 SHERIFF'S RETURN OF SERVICE 02/13/2012 07:05 PM - SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: SARA E. BINGAMAN AT THE YORK COUNTY SHERIFF'S OFFICE, 45 NORTH GEORGE STREET, YORK, PA 17401. THOMAS H. MULDROW, DEPUTY SHERIFF COST $37.99 February 16, 2012 SO ANSWERS, RICHARD P KEUERLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 16TH day of FEBRUARY 2012 COMM N A?1?lvt y ?.?. QTA I Uzi 19" CITY OF YIRK YORK C NTT MY COMMISSICN EXPIRESAIJC 12, 2013 I°ILCO-OFFICE OF THE PROTHONOTARY 2013 MAY ( 3 AM 11 23 CUtlBERLAND COUNTY PENNSYLVANIA SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARIAN L. YANCEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-716 CIVIL SARA E. BINGAMAN, Defendant CIVIL ACTION '- LAW JURY TRIAL DEMANDED NOTICE;. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against. you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARIAH L. YANCEY,' IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-716 CIVIL SARA E. BINGAMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ICIA,, NOT LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la petition do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. Sl NO TIENE ABOGADO O Sl NO TIENE 'EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACICN SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET , CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-716 CIVIL SARA E. BINGAMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, MARIAH L. YANCEY, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MARIAN L. YANCEY, is an adult individual who currently resides at 3506 N. 6th Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, SARA E. BINGAMAN, is an adult individual who currently resides at 70 Northcrest Drive, York Haven, York County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on June 3, 2010, at or about 1:56 p.m., at the 3800 Block of Market Street, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, MARIAH L. YANCEY, was the owner of a 2006 Honda Civic bearing Pennsylvania Registration Number GRA4616. 5. At the aforesaid time and place, Defendant, SARA E. BINGAMAN, was the owner and operator of a 2008 Ford Focus bearing Pennsylvania Registration Number DSY0550. 6. At the aforesaid time and place, Plaintiff, MARIAN L. YANCEY, was operating the 2006 Honda Civic in the westbound lane of Market Street. 7. At the aforesaid time and place, Defendant, SARA E. BINGAMAN, was operating the 2008 Ford Focus in an effort to exit a shopping center parking lot adjacent to the westbound lane of Market Street. 8. At the aforesaid time and place, Defendant, SARA E. BINGAMAN, accelerated out of the parking lot, on to the westbound lane directly into the path of the 2006 Honda Civic operated by Plaintiff, MARIAN L. YANCEY, causing the front driver's side of the 2008 Ford Focus to strike the front the 2006 Honda Civic. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, SARA E. BINGAMAN, in operating the 2008 Ford Focus in a careless, reckless,and negligent manner as follows: a. Entering the roadway from a place other than another roadway without yielding the right-of-way to vehicles approaching on the roadway to be entered or crossed in violation of Section 3324 of The PA Motor Vehicle Code; b. Failing to stop the 2008 Ford Focus at the point nearest the intersecting roadway where she had a clear view of approaching traffic on that intersecting roadway before entering it in violation of Section 3323 (b) of The PA Motor.Vehicle Code; c. Turning the 2008 Ford Focus left from a parking lot on to a roadway without yielding the right-of-way to vehicles approaching in the opposite direction which was so close as to constitute a hazard; d. In turning in such a manner as to endanger other vehicles on the roadway; e. In failing to observe the 2006 Honda Civic on the roadway; f. In failing to observe oncoming traffic; g. In failing to keep a reasonable look-out for other vehicles lawfully on the roadway; and h. In failing to yield the right-of-way to traffic already upon the roadway. 10. As a result of the aforesaid collision, Plaintiff, MARIAN L. YANCEY, has suffered serious and permanent injuries, including but not limited to the following: a. Temporomandibular Joint Disorder; b. Discal derangement of the temporomandibular joints; c. Traumatic arthritis of the temporomandibular joints; d. Lateral subluxation of the temporomandibular joints; e. Degenerative joint disease of the temporomandibular joints; f. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; g. Injury to the neck; h. Injury to right and left shoulders; i. Chest wall injury; j. Injury to her.abdomen; k. Right hip injury; I. Post traumatic cephalgia; and m. Contusions. 11. As a direct and proximate result of the aforesaid injuries, Plaintiff, MARIAH L. YANCEY, has undergone and in the future will undergo, great pain and suffering for which damages are claimed. 12. Asa further result of the,aforesaid injuries,:Plaintiff, MARIAN L. YANCEY, has and/or may sustain scarring and disfigurement for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, MARIAH L. YANCEY,.has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, MARIAH L. YANCEY, has suffered and/or may continue to suffer a loss of earnings and/or income for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, MARIAH.L. YANCEY, 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., MARIAH L. YANCEY, 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, any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 17. As a further result of the aforesaid injuries, Plaintiff, MARIAH L. YANCEY, 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. 18. Plaintiff, MARIAH L. YANCEY, was insured on a policy of insurance issued to her by Progressive Insurance bearing policy number 50218662-2 which was in effect on the date of this collision. At the time of the issuance of the policy, Progressive Insurance failed to comply with the requirements of 75 Pa. C:S. §1705 and did not provide the required notice to Plaintiff, MARIAN L. YANCEY, regarding her option to choose between full tort and limited tort. Therefore,. Plaintiff, MARIAN L. YANCEY, remains eligible to claim compensation for non- . economic loss and economic loss sustained in this collision pursuant to applicable tort law. 19. Plaintiff, MARIAH L. YANCEY, was the named insured on a policy of insurance issued to her by Progressive Insurance bearing policy number 50218662-2 which was in effect on the date of this collision. Progressive Insurance issued this policy to her without properly permitting her to elect a tort option. Therefore, Plaintiff, MARIAH L. YANCEY, remains eligible to claim compensation for non-economic loss sustained in this collision pursuant to applicable tort law. 20. Plaintiff, MARIAH L. YANCEY, sustained a serious injury in this collision which has caused her a serious impairment of body function. Therefore, Plaintiff, MARIAH L. YANCEY, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision,pursuant to applicable tort law. WHEREFORE, Plaintiff, MARIAH L. YANCEY, demands judgment against Defendant, SARA E. BINGAMAN, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLL E ERGER & JANUZZI, LLP Attorney or Plaintiff By: AdamrWolfe, Esq. Attorney I.D. #201057 2225 Millennium Way Enola, PA 17025 (717) 728-3200 Dated: S 19)(3 (717) 728-3400 (fax) SHERIFF'S OFFICE OF CUMBERLAND COUNT�Y Ronny RAnderson "' HE PRO T JJ(' Sheriff Jody S Smith 2013 141 Chief Deputy' 11BERLA10 COLNI'` Richard W Stewart '� � PEFiNSYLVAMA Solicitor OM""E OF TAE i4ENrr Mariah L. Yancey vs. Case Number Sara E. Bingaman 2012-716 SHERIFF'S RETURN OF SERVICE 05/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sara E. Bingaman, but was unable to locate the Defendant-in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 05/24/2013 11:40 AM -The requested Complaint&Notice served by the Sheriff of York County upon Alan Bingaman, who accepted for Sara E. Bingaman, at 70 Northeast Drive, York Haven, PA 17370. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, June 03, 2013 RONIV R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. f SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff '" Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration MARIAH L.YANCEY Case Number vs. SARA E. BINGAMAN 2012-716 CIVIL SHERIFF'S RETURN OF SERVICE 05/24/2013 11:40 AM-DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ALAN BINGAMAN, SPOUSE, WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR SARA E. BINGAMAN AT 70 NORTHCREST DRIVE, YORK HAVEN, PA 17370. O D STA L, DEPUTY SHERIFF COST: $38.26 SO-AN SWERS, May 29, 2013 RICHARD P KEUERLEBER, SHERIFF COMMQNWA TH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public city of York,York county My CommissioIn Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ------------------------------------------ ---------- ----------------------- ....... .......... —------------------ ---------- Affirmed and subscribed to before me this NOTARY 29TH day of MAY 2013 (c)CountySuite Sheriff,Teleosoft,Inc. Johnson, Duffie, Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2012-716—CIVIL V. CIVIL ACTION — LAW SARA E. BINGAMA'N, JURY TRIAL DEMANDED Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Sara E. Bingaman, in the above- captioned matter. JOH ON, DUiLucy, Esqui ART &WEIDNER BY: Jo . re orney I.D. No. 203948 01 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal @jdsw.com Counsel for Defendant, Sara E. Bingaman Date: June 10, 2013 562661 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 10, 2013, as follows: Adam T. Wolfe, Esquire Shollenberger& Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff JOHN DUFFIE, ST ART &WEIDNER BY: John A cy, Esquire 562661 THE PROTIHOHOT16�""'s 2'13 JUL —9 All 11 Johnson, Duffie, Stewart &Weidrlerl�Br�,NSy[� 4. 1A � By: John A. Lucy, Esquire `` � �� I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-716 — CIVIL SARA E. BINGAMAN, Defendant. CIVIL ACTION — LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff, Mariah L. Yancey c/o Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 AND NOW, this 8" day of July, 2013, you are hereby notified to plead responsively within twenty (20) days of the date of servic ere f, or judgment may be entered against you. JOHNS N, DUFFIE ART & WEIDNER BY• J ucy, Esquire A r ey I.D. No. 203948 Market Street, P.O. Box 109 emoyne, PA 17043-0109 (717) 761-4540 ial @jdsw.com Counsel for Defendant, Sara E. Bingaman Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 2012-716 — CIVIL SARA E. BINGAMAN, CIVIL ACTION — LAW Defendant. JURY TRIAL DEMANDED ANSWER OF DEFENDANT, SARA E. BINGAMAN, TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Sara E. Bingaman, by and through her counsel, John A. Lucy, Esquire and Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer and New Matter to Plaintiff's Complaint as follows: FACTS APPLICABLE TO ALL COUNTS 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. (a) — (h) Paragraph 9 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 10. (a) — (m) Paragraph 10 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 11. Paragraph 11 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 12. Paragraph 12 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 13. Paragraph 13 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 565975 2 14. Paragraph 14 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 15. Paragraph 15 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 16. Paragraph 16 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 17. Paragraph 17 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 18. Paragraph 18 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 19. Paragraph 19 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 20. Paragraph 20 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 565975 3 WHEREFORE, Defendant, Sara E. Bingaman, hereby respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 21. That Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. That Plaintiff's alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 23. That Plaintiff's alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 24. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Plaintiff's own comparative negligence and the Pennsylvania Comparative Negligence Act. 25. That if it should be found that there is any negligence on the part of Defendant, which is denied, then in that event, any such negligence is not a factual cause of Plaintiff's harm. 26. That Plaintiff's alleged injuries may have been pre-existing. 27. That Plaintiff may have failed to mitigate her alleged injuries. 28. That Plaintiff's alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 565975 4 WHEREFORE, Defendant, Sara E. Bingaman, hereby respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Res;7) ubmit , JOHUFFIE, S WART & WEIDNER BY: L y, Esquire y .D. No. 203948 rket Street, P.O. Box 109 ne, PA 17043-0109 61-4540 jal @jdsw.com Counsel for Defendant, Sara E. Bingaman Date: July 8, 2013 565975 5 VERIFICATION I, Sara E. Bingaman, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer to Plaintiff's Complaint with New Matter; and that the facts stated therein 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.A. §4904, relating to unsworn falsification to authorities. 1 ra Bingaman Dated: id4e , 2013 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Plaintiff's Complaint with New Matter has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 8, 2013, as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff JOHNSON, D E STEWART & WEIDNER B cy, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way 7013 JUL 19 PM 12. 34 Enola, PA 17025 CUMBERLAND C UNT Y Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-716 CIVIL SARA E. BINGAMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF, MARIAN L. YANCEY'S, REPLY TO NEW MATTER OF DEFENDANT, SARA E. BINGAMAN,;TO PLAINTIFF'S COMPLAINT AND NOW COMES THE PLAINTIFFS, MARIAH L. YANCEY, by and through her attorney, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of SARA E. BINGAMAN, and in support thereof, respectfully represents the following: Paragraphs 1 through 20 of the Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 21. 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). 22. 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). 23. 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). 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. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 27. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 28. Said averment is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully submitted, SHOLL BERGER & JANUZZI, LLP Attorn . for Plaintiff By: Adam T. Wolfe, Esquire Attorney I.D. #201057 Date: July 17, 2013 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number:; (717) 728-3400 Attorneys for Plaintiff MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-716 CIVIL SARA E. BINGAMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE.OF SERVICE And now, this 17th day of July 2013, 1 hereby certify that a true and correct copy of the foregoing .Reply to New Matter has been served upon the following, Attorney for Defendant, via U.S Mail: Johnson,,Duffie,.Stewart,&Weidner John A. Lucy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 SHOLLEN GER & JANUZZI, LLP By: Vgd'affi T. Wolfe, Esquire • ,"r OfIkJt 0 iii+.j Johnson, Duffle, Stewart & Weidner By: John A. Lucy, Esquire e:!3 S P 25 PH 1: 50 I.D. No. 203948 U ttorne s for Defendant, r B r"MID COUI�T Sara E. Bingaman 301 Market Street PENNSYLVANIA 9 P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAH L. YANCEY, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, • PENNSYLVANIA v. • NO. 2012-716 — CIVIL • SARA E. BINGAMAN, • CIVIL ACTION — LAW • Defendant. : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2 TO: Mariah L. Yancey c/o Adam T. Wolfe, Esquire Shollenberger& Januzzi, LLP 2225 Millennium Way Enola, PA 17025 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) The 20-day subpoena objection period has been waived by Attorney Wolfe, and said waiver is attached hereto; and 581616 (4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, JOHNSON, DUFFLE, STEWART &WEIDNER B`Y: L_____John A. IL ucy, Esquire Attorne I.D. No. 203948 301 M ket Street, P.O. Box 109 Lemoy e, PA 17043-0109 (717) 761-4540 jal @jdsw.com Counsel for Defendant, Sara E. Bingaman Date: September �3 , 2013 581616 Johnson, Duffle, Stewart&Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com MARIAN L. YANCEY, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, • NO. 2012-716— CIVIL v. • CIVIL ACTION—LAW SARA E. BINGAMAN, • JURY TRIAL DEMANDED Defendant. WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Adam T. Wolfe, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the records of the following providers: (1) Progressive Insurance; /43v-eemet4+ tis covilikrAt ror e) ' (2) Community General Osteopathic Hospital; (3) Magnetic Imaging Center; and (,/ #,1..„ c_ (4) Beaudry Oral & Maxillofacial Surgery. 0"C"-sre-u,,v1-64 - "6"-e—e C tkr-f C Date: I By: Adam T. Wolfe, Esquire Johnson, Duffle, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAN L. YANCEY, : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, Plaintiff, • PENNSYLVANIA v. • NO. 2012-716 — CIVIL SARA E. BINGAMAN, CIVIL ACTION — LAW Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TOPRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas may be served. Respectfully suprn-i e , r'l JOHNSON', DUFFIE, STEWART &WEIDNER BY: n A. L'cy, Esquire Attorney .D. No. 203948 301 Market Street, P.O. Box 109 Lemoy 'e, PA 17043-0109 (717) 761-4540 jal @jdsw.com Counsel for Defendant, Date: September( , 2013 Sara E. Bingaman 580424 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • MARIAN L. YANCEY, • NO. 2012-716 — CIVIL • Plaintiff, v. • CIVIL ACTION — LAW • SARA E. BINGAMAN, JURY TRIAL DEMANDED Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Progressive Insurance, 3950 Hartzdale Drive, Camp 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: Copies of the complete First Party Benefits file and all underwriting documents, including, but not limited to, Tort Forms and Declarations Pages for Policy No. 50218662-2 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: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DATE: /3/13_ Seal of he ourt (Eff.7/97) 579297 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARIAN L. YANCEY, . • NO. 2012-716—CIVIL Plaintiff, . v. . Community General Osteopathic Hospital • SARA E. BINGAMAN, Attn: Health Information 4300 Londonderry Road • Harrisburg, PA 17109 Defendant. . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic 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: Copies of any and all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, tests reports and any other records pertaining to any evaluation, care or treatment rendered to Mariah L.Yancey-DOB: 9/22/1986; SS#: 170-70-8784. 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: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: - 1124..i.e.e-4 (2.). ,-?y_taze___ Prothonotary/Clernk, Civil Division \___ 46.a-s,..e . 7,G2ge-ic 7-------- Deputy DATE: 9//9/i5 Seal f the Court (Eff. 7/97) 579304 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • MARIAN L. YANCEY, • NO. 2012-716 — CIVIL • Plaintiff, • v. Magnetic Imaging Center • SARA E. BINGAMAN, 4665 Trindle Road Mechanicsburg, PA 17060 • Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging 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: Copies of any and all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, tests reports and any other records pertaining to any evaluation, care or treatment rendered to Mariah L. Yancey—DOB: 9/22/1986; SS#: 170-70-8784. 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: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Deputy DATE: /9 /2 Seal o the Court (Eff.7/97) 579306 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • MARIAN L. YANCEY, • NO. 2012-716— CIVIL • Plaintiff, • v. Beaudry Oral&Maxillofacial Surgery • 3600 Gettysburg Road SARA E. BINGAMAN, • Camp Hill, PA 17011 • Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beaudry Oral & Maxillofacial Surgery (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: Copies of any and all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, tests reports and any other records pertaining to any evaluation, care or treatment rendered to Mariah L. Yancey—DOB: 9/22/1986; SS#: 170-70-8784. 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: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/ erk, Civil Division Deputy DATE: 3 Seal of he Court (Eff.7/97) 579309 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on September /( '2013, as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: rae(_„; Kellie Nelson, Paralegal to John A. Lucy, Esquire 580424 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite for Service of Subpoena(s) has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in ,, Lemo ne Pennsylvania, on September y y p 02,3 , 2013, as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER •BY: .!!°: .� C.4 Kellie Nelson, Paralegal to John A. Lucy, Esquire 581616 Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAN L. YANCEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 2012-716 — CIVIL SARA E. BINGAMAN, CIVIL ACTION — LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2 ' Mud TO: Mariah L. Yanceyr -� - c/o Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP r—:;-?-- 2225 Millennium Way y Enola, PA 17025 As a prerequisite to service of a subpoena for documents and things pursum'd to, ul 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) The 20-day subpoena objection period has been waived by Attorney Wolfe, and said waiver is attached hereto; and 581616 (4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: John cy, Esquire Atteffey I.D. No. 203948 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal @jdsw.com Counsel for Defendant, Sara E. Bingaman Date: November 2C 2013 581616 Johnson, Duffie, Stewart &Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAN L. YANCEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2012-716— CIVIL V. CIVIL ACTION — LAW SARA E. BINGAMAN, JURY TRIAL DEMANDED Defendant. WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Adam T. Wolfe, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the records of the following providers: (1) Community General Osteopathic Hospital; (2) Magnetic Imaging Center; and (3) Beaudry Oral & Maxillofacial Surgery. Date: 77 5' (�� By: m . Wolfe, Esquire Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street Sara E. Bingaman P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com MARIAH L. YANCEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 2012-716 — CIVIL SARA E. BINGAMAN, CIVIL ACTION — LAW Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TOPRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Adam T. Wolfe, Esquire Shollenberger& Januzzi, LLP 2225 Millennium Way Enola, PA 17025 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUF STEWA T &WEIDNER B . John-A: squire Attorn . No. 203948 30 rket Street, P.O. Box 109 oyne, PA 17043-0109 717) 761-4540 jal @jdsw.com Counsel for Defendant, Date: October �� , 2013 Sara E. Bingaman 580424 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARIAN L. YANCEY, NO. 2012-716 -CIVIL Plaintiff, V. Magnetic Imaging Center c/o Holy Spirit Hospital Attn: Radiology,2nd Floor SARA E. BINGAMAN, 503 N. 21St Street Camp Hill, PA 17011 Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging 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: Copy of the radio/o_gy File of Mariah L. Yancey; DOB: 912211986; SSN: 170-70-8784, to include, diagnostic Films on disk, and any other radiological documents contained in the radiology File from 06103105 to present. 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: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: I Pro honota ry/Clerk ivil Division D uty DATE: o�$ 3 Seal o the Court (Eff.7/97) 587929 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARIAN L. YANCEY, NO. 2012-716 - CIVIL Plaintiff, V. Pinnacle Health at Harrisburg Hospital SARA E. BINGAMAN, Attn:Terry 111 S. Front Street Harrisburg, PA 17101 Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health at 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: Copy of the radiolo4y films/CDs from Community General Osteopathic Hospital for Mariah L. Yancey; DOB: 912211986; SSN: 170-70-8784, to include, diagnostic films on disk, and any other radiological documents contained in the radiology file from 06103105 to present. 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: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: 4De onotary/CI rk, Civil Division j� ty D ATE: 'v Seal of he Co rt (Eff.7/97) 587930 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of intent to Serve Subpoenas has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, a`1' on October 0.1-2013, as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER BY: 7P at� luooy�'-) Kellie Nelson, Paralegal to John A. Lucy, Esquire 580424 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite for Service of Subpoena(s) has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in l- Lemoyne, Pennsylvania, on November C�b , 2013, as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: K Ili on, Paralegal to John A. Lucy, Esquire 581616 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARIAN L. YANCEY, Plaintiff v. SARA E. BINGAMAN, Defendant i"ft OF THE 'R0 ONO TAR 2014 AUG 29 PN CUM2' . 1 PENdS'Y� A OBJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-716 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO END, SETTLE & DISCONTINUE TO THE PROTHONOTARY: Please, mark the above -captioned action ended, settled and discontinued with prejudice. Respectfully s bmitted, SHOLLEN ' RGER & JANUZZI, LLP By: Adam T. Wolfe, Esq. Attorney I.D. #201057 Dated: August 27, 2014 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MARIAH L. YANCEY, Plaintiff v. SARA E. BINGAMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-716 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 27th day of August, 2014, I hereby certify that I have served the following Praecipe to End, Settle and Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Johnson, Duffie, Stewart & Weidner John A. Lucy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 RespeIly submitted, SHO By: BERGER & JANUZZI, LLP Adam T. Wolfe, Esq. Attorney I.D. #201057