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HomeMy WebLinkAbout12-5845i y IN THE COURT t~F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. Rq INSON NO.: _ `J~ S C~tV( ~ ~a y 836 Feunace Roadd Airville, PA 173m2I ' Plaintiff ca v. JOEL SHENK 972 Creek Ro~i ' Manheim, PA 1'T54~5 And.,,' E.E. SHENK SON, INC. 151 Creek Road Elizabethtown, P';A X17022 Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED ~~ _~ v ~~ ~ x ..' ~~, ° ~• ~~ z x>z .. -~-~ - ~ rn ~~ c~ ~. ~~ ~~', ~~.,, -.;. PRAECIPE FOR VtiRi'!` OF SLTMIV~4NS TO THE PROTI-#O~iOTARY/CLERK OF SAID COURT: Issue summons in the above case. Writ of Swmlmons shall be issued and forwarded to Sheriff. Respectfully Submitted, 'g . Milsten, Esquire BRIGGS t~L GREENBERG, LLP 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for the Plaintiff ~,, Attorney ID No. PA 77065 ate} - ~~ C.~~ ~~dg5g' ~~ a SU1VIl4iONS IN CIVIL ACTION . . TO: Defendantsal noel Shenk and E.E. Shenk Sons, Inc.: YOU AROTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED ACTION AGAINST YOU. ~a Prothonotary, Civil Division Depu SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Heather E. Robinson vs. Joel Shenk (et al.) Or Of Cilfjl? ??? a? oi4 OFF Case Number 2012-5845 SHERIFF'S RETURN OF SERVICE 09/24/2012 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: Joel Shenk, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Writ of Summons according to law. 09/24/2012 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: E. E. Shenk Sons, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Writ of Summons according to law. 09/27/2012 03:20 PM - Lancaster County Return: And now September 27, 2012 at 1520 hours I, Mark Reese, Sheriff of Lancaster 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: E. E. Shenk Sons, Inc. by making known unto Jeromy Shenk, Partner of E. E. Shenk Sons, Inc. at 151 Creek Road, Elizabethtown, Pennsylvania 17022 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/27/2012 03:20 PM - Lancaster County Return: And now September 27, 2012 at 1520 hours I, Mark Reese, Sheriff of Lancaster 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: Joel Shenk by making known unto himself personally, at 972 Creek Road, Manheim, Pennsylvania 17545 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 October 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF CCAAMYSude Sho'.ff, TeieosaR, I!t 1 of 2 SHERIFFS OFFICE`S 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 9-8200 SHERIFF SERVICE .• PROCESS RECEIPT, and AFFIDAVIT of RETURN 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER Hc44licr E. 12-5845 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED 'Toelsvie'nK iv -_ _ ri ummons SERVE 5 -NAM QF4141] VIDUAL COMPANY CORPORATION ETC. TO BE SERVED 6• ent No., Ci , Boro, Tw ., State and ZIP Code) f) AT q??. C re 4 Ro4,d, 1` gn kleim PA ?-75Lt5 7_ INDICATE 1N IS lA FRVI F DEPU I E-T OTHER Now, 20,1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of yr County to execute the writ and make return thereof according to law. This deputation being made at the, request and risk of the plaintiff Sheriff of Lancaster County LM 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: off- o.: -11-7-a-78-11 ?,r) or -71?- 6? 5- From Cumberland Co 0 NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody o whomever Is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale-4e thereof. N g, SH 1ATURE OF ATTORNEY OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE n gar Sao la 1 TICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) t'Q?A ?• ls?-?h, irk ?5+, orl fit - l7g4L ' 13.1 acknowledge receipt of the or complaint as indicated above shown in "Remarks", the writ or complaint describe m ppny, Tor i c r ssi ec 17. erg certt Mn areturn a 18. Name and title of individual Served(if not 20. Address of where served (Complete only it Boro, TWP, State and ZIP Code) /N rvlt or autnorizea LCSU ueputyor Clerk 14. Date Received 15. Expiration/Hearing Date ICe Turco 717 723-4519 0912512 10122112 e personally served, have legal evidence o service as shown in "Remarks", have executed as on the individual, company, corporation, etc., at the address shown above or on the individual, Iw by handing a TRUE and ATTESTED COPY theK of, tvu because I am una a to ocate t e in hvh ua , ompanv, corporation. etc.. name above. above) (Relationship to 23. Attempts Date Miles Dep. Int D to Miles D19101-7 ,(Yw N t ao W 24. Advance Costs 25. Service Costs 26. Notary Costs 171 R#11453 $150 $47.50 30. Remarks: 19. r No Service See Remarks Below above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time Ann I E.S.T .0 ZA Date Miles Dep.lnt Date Miles Dep.lnt Date Miles Dep.lnt Milea ostage/N.F 28. Total,y°s 29. COST DUE OR REFUND psus 31. AFFIRMED and subscribed to before me 34. day of 37. _ Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES zo ICI` l,t SSd ?- 32. natu a of De rh1 35. Signature of SHERIFF OF ANSWER. `I,\.- 36. Date COUNTY PA 2 of 2 SHERIFFS OFFICE P? 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 SHERIFF SERVICE' PROCESS RECEIPT, and AFFIDAVIT of RETURN 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER ftea[:?ar E. QJ 12-5845 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED 3 1Vf_ r SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED ?. E, S heaK Sons STr6, 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Tw ., State and ZIP Code) AT .5 L +h4 0 wo PH tZj Now, 20 1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of t7I County to execute the writ and make return thereof according to law. This deputation being made at the p request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Phan Ne" ? ?11?-1?1?5-?o?lb N From Cumberland Co NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, In custody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE .? C? ra' ?2- Mr ?S ??I?I?Syg'3g3? ?l ?.o c a 1 . SE NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) ra is k- M i t s+-c 0, -7_ Ma ri&+ S_ York f 13. acknowledge receipt of the writ NAME of authorized LC50 Deputy or Clerk 14. Date Received 15. Expiration/Hearing uate or complaint as indicated above Yvette Turco 717 723 519 09125112 10 122 112 16.1 Hereby CERTIFY and RETURN that I have personally served, ave legal evidence o service ass own in "Remarks", have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, c v corporation etc $t the address insert low by handing a TRUE and ATTESTED COPY thereof. °- -UpI n5 ?o ?.., rr.,?hTo r.,Tar -In it rra - mmnanv_ cornoratlon. etc.. named above. 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. F- No Service See Remarks Below PmAk, 20. Addres of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time AM / Boro, TWP, State and ZIP Code) la ? a E.S.T/ .D.s.T j - ?- a' IS 23. Attempts D e Miles t Dep. I n Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int a-7 1? `` oA 24. Advance Costs 25. Service Costs 26. Notary Costs ile a 28. Total Costs 29. COST DUE OR REFUND R#11453 91 9112T I 30. Remarks: S.T.A.: 31. AFFIRMED and subscribed to 34. day of me this 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES N CUSSd 4 20 32. Si at e 35. Signature MARK S. RI ANSWER. 1? pff / s AfC? 136. Date SHERIFF E/ SHERIFF OF LANCASTER COUNTY PA la__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON NO.: 2012-05845 836 Furnace Road Airville, PA 17302 Plaintiff vs. JOEL SHENK CIVIL ACTION - LAW 972 Creek Road ,. Manheim, PA 17545 r And {cas C-3-J-I E.E. SHENK SONS, INC. JURY TRIAL DEMANDED v cr x}} 151 Creek Road -,Q Elizabethtown, PA 17022 Defendants NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth against you 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 default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 Telephone: 1-800-990-9108 717-249-3166 A VISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas, siguientes, debe tomar accion dentro, de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por 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 notification por cualquier dinero reclarnado en la demanda o por cualquier otra queja o compensacion reclamados por el Dernandante. Usted puede perder dinero, o propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 Telephone: 1-800-990-9108 717-249-3166 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, NO.: 2012-05845 Plaintiff VS. CIVIL ACTION - LAW JOEL SHENK and E.E. SHENK SONS, INC. JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, Heather E. Robinson, by and through her attorneys, Katherman, Briggs & Greenberg, and Craig R. Milsten, Esquire, and hereby submits the foregoing Complaint, and avers as follows: 1. Plaintiff, Heather E. Robinson, is an adult individual and resides at 836 Furnace Road, Airville, Pennsylvania, 17302. 2. Defendant Joel Shenk("Shenk") is an adult individual residing at 972 Creek Road, Manheim, Lancaster County, Pennsylvania, 17545. 3. Defendant, E.E. Shenk Sons, Inc. ("E.E. Shenk Sons"), is a Pennsylvania corporation with principal offices located at 151 Creek Road, Elizabethtown, Pennsylvania, 17422. 4. On November 8, 2010, Plaintiff Heather Robinson was involved in a motor vehicle accident with Defendant Joel Shenk. 5. At all relevant times, Plaintiff Heather Robinson was the owner and operator of a 2006 Toyota Rav4, bearing Pennsylvania registration number N3LMD. 6. At the aforementioned time and place, Defendant Shenk was the operator, or responsible for the operation of, a 2006 International Harvester tractor trailer, Model 7600, bearing Pennsylvania registration number AF73684, owned and maintained by Defendant E.E. Shenk Sons. 7. At all relevant times, Defendant Shenk was an employee, servant, or agent of Defendant E.E. Shenk Sons, and was acting in the course and scope of his employment, master/servant relationship, and/or agency with Defendant E.E. Shenk Sons. 8. On November 8, 2010, at approximately 12:35 p.m., Plaintiff, Heather Robinson, was operating her 2006 Toyota Rav4 eastbound on the Pennsylvania Turnpike, near mile post 207, in Upper Mifflin Township, Cumberland County, Pennsylvania. 9. At the aforementioned time and place, Defendant Shenk was operating the 2006 International Harvester tractor trailer also in an eastbound direction on the Pennsylvania Turnpike. 10. At the aforementioned time and place, Plaintiff, Heather Robinsion, was stopped in the left lane within a construction zone due to traffic. 11. At the aforementioned time and place, Defendant Shenk was unable to bring his vehicle to a stop before colliding with the rear of Plaintiff's vehicle. 12. The aforesaid accident was caused by Defendant Shenk and was in no way caused by the Plaintiff, who was acting in a careful and prudent manner at all times. 13. As a result of the collision, Plaintiff sustained serious injuries, including, but not limited to, injuries to lumbar strain, contusions of the lower back and middle back, and acute traumatic cervical strain. 14. Plaintiff Heather Robinson has sustained, or may sustain, the following damages as a result of her injuries: a. past and future pain and suffering; b. past and future embarrassment and humiliation; C. past and future incidental costs; d. past and future loss of life's enjoyment; e. past and future loss of earnings and earning capacity as may be recovered under the Pennsylvania Motor Vehicle Financial Responsibility Law; and f. past and future medical expenses as may be recovered under the Pennsylvania Motor Vehicle Financial Responsibility Law. COUNT HEATHER E. ROBINSON V. JOEL SHENK 15. The allegations contained in the preceding paragraphs are incorporated by reference. 16. Defendant Shenk had a duty to operate his vehicle in a safe and reasonable manner and in conformity with the Pennsylvania Motor Vehicle Code, Title 67 of the Pennsylvania Code, and Title 49 of the Code of Federal Regulations. 17. Defendant Shenk breached his duty and was negligent per se, negligent, careless, and reckless in the following manner: a. operating his vehicle at an unsafe speed under existing conditions; b. failing to properly observe traffic had stopped on the roadway; C. failing to have his vehicle under proper and adequate control; d. failing to apply the brakes in time to avoid the collision; e. failing to observe plaintiff's vehicle on the roadway; f. in permitting or allowing the vehicle to strike and collide with the vehicle operated by plaintiff; g. in otherwise operating said vehicle in a careless and negligent manner; i. in failing to comply with the provisions of the Pennsylvania Motor Vehicle Code, Title 67 of the Pennsylvania Code, and Title 49 of the Code of Federal Regulation, specifically as they relate to the above mentioned acts, including 75 Pa.C.S. § 3111 and 3112. 18. Defendant Shenk's negligence, negligence per se, and carelessness was the direct and proximate cause of the collision and Plaintiff's injuries and damages. 19. Plaintiff's damages exceed the applicable limits of arbitration and a jury trial is demanded. WHEREFORE, Plaintiff demands judgment against Defendant Shenk for compensatory damages in an amount in excess of the applicable limits of.arbitration, together with interest, costs of suit, and delay damages. COUNT II HEATHER E. ROBINSON VS. E.E.SHENK SONS.Inc. 20. The allegations contained in the preceding paragraphs are incorporated by reference. 21. At all relevant times, Defendant Shenk was an employee, servant, and/or agent of Defendants, E.E. SHENK SONS. 22. Defendants Shenk and E.E. Shenk Sons assumed full responsibility for the conduct of Defendant Shenk on November 8, 2010,pursuant to the various laws governing interstate carriers. 23. At all relevant times, Defendant Shenk was acting within the course and scope of his employment, master-servant relationship, and/or agency with Defendant E.S. Shenk Sons. 24. Defendant E.E. Shenk Sons is vicariously liable for the injuries and damages caused by Defendant Shenk. 25. The negligence of the Defendants Shenk and E.E. Shenk Sons in causing the above accident also consisted of negligently entrusting the driving of this vehicle to Defendant Shenk when Defendant E.E. Shenk Sons knew, or should have known, that he was an individual without the capacity to safely operate this motor vehicle. 26. Plaintiffs' damages exceed the applicable limits of arbitration and a jury trial is demanded. WHEREFORE, Plaintiff demands judgment against Defendants Joel Shenk and E.E. Shenk Sons, Inc., for compensatory damages in an amount in excess of the applicable limits of arbitration, together with interest, costs of suit, and delay damages. Respectfully Submitted, Katherman, Briggs & Greenberg, LLP Za ko 3 By: Date rai . Milsten, Esquire ast Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff Attorney ID No. PA 77065 VERIFICATION CRAIG R. MILSTEN, ESQUIRE hereby states that he is an attorney in this action, and is authorized to make this verification and states that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that Plaintiff's verification could not be timely obtained. The undersigned understands that the foregoing statements are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. rai . Milsten, Esquire Dated: M0097856.1 V ti 1' THE PROTIHON 7E,r, 2313 JUL 15 PM 2: 41 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, NO.: 2012-05845 Plaintiff VS. CIVIL ACTION - LAW JOEL SHENK and E.E. SHENK SONS, INC. JURY TRIAL DEMANDED Defendants AFFIDAVIT OF SERVICE I, Craig R. Milsten, Esquire, do hereby swear and affirm that service of the Complaint in the above matter filed on June 27, 2013, was effected on the Defendant, E. E. Shenk Sons, Inc., by United States Certified Mail on July 8, 2013, as evidenced by the Return Receipt attached hereto. Respectfully Submitted, Katherman, Briggs & Greenberg, LLP By: C g R. Milsten, Esquire No PA77065 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff Sworn and subscribed to before me this day of Lv 2013. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Notary Public DEBORAH A.ATTARD,Notary Public City of York,York County 'rc�s Oetnhpr 9q ?014_Mt eammissi Commission Expires: ��� -� UNRED STATES POSTAL-SEII�fr 0UR -a rStfilass loeall---- �ti t ge&'Fees Pald c. p M .uses --�... Swmft No.-G-40, Sender: Please - ciur nitm4, address,.and bo Pnc,,,,Y �..ltLthis box Craig R.Milsten;Esquire 7 East Market Street York,PA 17401 ''�i�'��� il•illl•j�;ir��l�l•l�irlr�«1t1�1•Iltll•1•�ilrlirl�ilrlir+;r�l, Ml ■ Complete fcettts 1,2,and 3:Also complete A. SkWulum Item 4 If ReWWted DdNwy Is desk ed. d Ad eft ■ Print your name and address on the reveres O Addressoe so that we can netum the card to you. g,ReoefMOd f p Nrtm C.Debe of tTallvery ■ Attach this card to the back of the mallplece, or orl the front If gmoe perrnfts. D.Is da%Awy e&Ww an fimn mem 1? 0 Yes 1. Article Addressed to Man YES,enter delivery address below. Y6 E� S/�en k Sansr 1 nc. 15"1 CreeK ROa FA l�oaa ++ooee1 �'�.oeeneea nil v a�rese reran . O Regldww G Roam Reo4t f&i4 adWodtse O Insured Melt Q C.G.C. 4. Rasbhftd oea,rert?Oft Fbo cl Yes 7009` 2820 0001 8907 8937 . ,S Form 3811,Fetxuary 2004 Domasmc Rohn Receipt t c ' DF T WE 'PR0TND140 TARY 2013 JELL 18 PM 2 1.5 CUMBERLAND COUN T Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, NO.: 2012-05845 Plaintiff VS. CIVIL ACTION - LAW JOEL SHENK and E.E. SHENK SONS, INC. JURY TRIAL DEMANDED Defendants AFFIDAVIT OF SERVICE I, Craig R. Milsten,Esquire, do hereby swear and affirm that service of the Complaint in the above matter filed on June 27, 2013, was effected on the Defendant, Joel Shenk,by United States Certified Mail on July 11, 2013, as evidenced by the Return Receipt attached hereto. Respectfully Submitted, Katherman, Briggs & Greenberg, LLP By: Cr 'g R. Milsten, Esquire No.: PA77065 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff Sworn and subscribed to before me this day of �-u 12013. Notary Public Commission Exp&&iAONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KIMBERLY A.SHAUB,Notary Public City of York,York County iber 17.2013 . SENDER:COMPLETE THIS SECTION i COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig` Item 4 If Restricted Delivery Is desired. Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. Ived by{Printed ) C.le o Delivery a Attach this card to the back of the mallplece, 11'' �l 13 or on the front If space permits. D. Is delivery address cfifferehtNo m item 1? 1�,�y�,es 1. Article Addressed to: If YES,ender delivery address betow. J�iNo Cree.K R-oa� fY1a��,e�rn � LIE- Service Typo .. Certified MaU t]EWsss Mail 0 Registered 13 Return Recelpt for Mer ❑Insured Mail ❑C.O.D. 4. Restricted belWery?Pft Fee) O Yes PS Form 3811,February 2004 l,t Domestic Return Receipt 102595-02-Wts40 L . ,tc UNITED STATES POSTAL SERVIC ON(, PA A _ �� -First-Class Mall ��,. $SPS a✓ F--Flies Paid �� yermit 140 G90 •Sender. Please pdn roUl� ae. address,and-ZIP+4 n.this-box Craig R. Milsten, Esquire 7 East Market Street York, PA 1 7401 07.� , iI,=ili,�=l1ll� ,=it�.,l�tl,lll=l�, lilt=�llti�;�=111�1�111l1,1j}►� -s w n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, t:r NO.: 2012-05845 C: Plaintiff r--rt r-- �- M770 VS. CIVIL ACTION - LAWS c acM JOEL SHENK and E.E. SHENK SONS, INC. A ; JURY TRIAL DEMANDED = Defendants PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification form for the attorney verification filed with Plaintiff's Complaint in the above captioned matter on June 27, 2013. Respectfully Submitted, Katherman, Briggs & Greenberg, LLP 71-30 k3 By: Date g R. Milsten, Esquire ID No.: PA77065 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904,relating to unsworn falsification to authorities. Date Heather E. Robinson F-I L E 1)-0 F"I'E John Flounlacker,Esquire OF THEE 1PROITIHONOTAR -t THOMAS,THOMAS&HAFER,LLP 305 NORTH FRONT STREET P.O.BOX 999 2013 SEP 13 Ali 11 6 HARRISBURG,PA 17108 Y Attorneys for Defendants (717)237-7134 CUMBERLAND COUNT PENNSYLVANIA HEATHER E. ROBINSON', IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION—LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John Flounlacker, Esquire and Thomas, Thomas & Hafer, LLP as counsel for Defendants Joel Shenk and E.E. Shenk Sons, Inc. Respectfully submitted, THOMAS,THOMAS & HAFER, LLP John Flounlacker, Esquire CERTIFICATE OF SERVICE I, April L. Casper, an employee of the law firm of Thomas, Thomas & Hafer LLP, attorneys for Defendant, do certify that on today's date, I placed a true and correct copy of the within document, in the U.S. Mail, postage prepaid, addressed to: Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York,PA 17401 THOMAS, THOMAS & HAFER LLP B Apri L. Casper, Legal ssistant DATED: John Flounlacker,Esquire f Attorney ID No.73112 'w' ?�,, THOMAS,THOMAS&HAFER,LLP PH f 305 NORTH FRONT STREET j*F hk_ r'1 l: j P.O.BOX 999 L-/'� " $7- HARRISBURG,PA 17108 c// /5' I` r‘,1',/ COO, (717)237-7134 Attorneys for Defendants r tA ' jflounlacker@tthlaw.com HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNA. • • v. • CIVIL ACTION—LAW • JOEL SHENK and E.E. SHENK : No. 2012-05845 • SONS, INC. Defendants • JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Preliminary Objections to Plaintiff's Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure and in support thereof aver as follows: 1. Plaintiff initiated this action by filing her Complaint on June 27, 2013. 2. In her Complaint, Plaintiff raises claims for negligence and negligence per se against Defendant Joel Shenk and claims for vicarious liability and negligent entrustment against Defendant E.E. Shenk Sons, Inc. 3. Plaintiff alleges that those claims arise from a motor vehicle accident involving her and Defendant Joel Shenk which occurred on or about November 8, 2010. 1 • 4. Defendant received multiple time extensions to respond to the Complaint; the purpose of those extensions was to facilitate the settlement of the claim between Plaintiff and Defendant's insurance carrier. Unfortunately, a settlement was not reached and this action continued as a result. 5. On November 19, 2013, Defendants received a letter from Plaintiff's counsel which informed them that they had twenty days to answer the Complaint. 6. In that letter, Plaintiff's counsel contended that Defendants must submit an Answer to the Complaint because they have waived their right to file Preliminary Objections. 7. Pursuant to the Superior Court's decision in Ambrose v. Cross Creek Condominiums, 602 A.2d 864 (Pa. Super. Ct. 1992), Defendants aver that there was no mutual assent in correspondence between the parties which indicates a waiver of their right to file Preliminary Objections. 8. Rule 1028(a)(3) of the Pennsylvania Rules of Civil Procedure permits a party to file a preliminary objection to strike allegations in a complaint that are pled with insufficient specificity. Pa.R.Civ.P. 1028(a)(3). 9. In Connor v. Allegheny General Hospital, 501 Pa. 306 (1983), the Supreme Court of Pennsylvania held that broad and undefined allegations of negligence, including the use of the term"otherwise failed," violates the pleading requirements of the Commonwealth. 10. As one court explained it, Connor serves to prevent catch-all claims of negligence which may prejudice a defendant by being amplified at a subsequent stage of litigation. Howick v. Chiappazzi, 11 Pa. D.&C. 5th 129 (C.P. Crawford Cty. 2010). 2 11. In Paragraph 17(g) of the Complaint, Plaintiff alleges that Defendant Joel Shenk was negligent "in otherwise operating said vehicle in a careless and negligent manner." Complaint at If 17 (g). 12. That type of broad, undefined language clearly violates Pennsylvania's pleading requirements. Connor, 501 Pa. 306; Pa.R.Civ.P. 1019. 13. Because the language in Paragraph 17(g) is insufficiently specific, it should be stricken from the Complaint pursuant to Rule 1028(a)(3) of the Pennsylvania Rules of Civil Procedure. 14. Similarly, Plaintiff alleges a claim for negligent entrustment against Defendant E.E. Shenk Sons, Inc. based on the bald assertion that Defendant E.E. Shenk Sons, Inc. "knew, or should have known, that [Joel Shenk] was an individual without the capacity to safely operate the motor vehicle." Complaint at¶25. 15. In Pennsylvania, a claim for negligent entrustment requires more than averments of"generalized misgivings;" rather, such claims must be substantiated by incident-specific facts. Hornberger v. Hommel, 6 Pa. D.&C. 4th 376 (C.P. Snyder Cty. 1990). 16. The bald assertion Plaintiff avers in support of her claim fails to set forth a valid claim for negligent entrustment under Pennsylvania law. 17. Because the language in Paragraph 25 is insufficiently specific to advance a claim for negligent entrustment, the Paragraph should be stricken and the claim for negligent entrustment should be dismissed. WHEREFORE, Defendants respectfully request that this Honorable Court SUSTAIN their Preliminary Objections and STRIKE Paragraph 17(g) of the Complaint and DISMISS Plaintiff's claim for negligent entrustment. 3 Respectfully submitted, THOMAS,THOMAS & HAFER,LLP .01441V) By: �- John Flounlacker, Esquire Attorney I.D. #73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 Date: 1-X7-1> 4 CERTIFICATE OF SERVICE I, April L. Casper, an employee of the law firm of Thomas, Thomas & Hafer LLP, attorneys for Defendant, do certify that on today's date, I placed a true and correct copy of the within document, in the U.S. Mail, postage prepaid, addressed to: Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 THOMAS, THOMAS & HAFER LLP By: c4 rkAt �. April L.1Casper, Legal Assiitant DATED: a-7-1--5 OF Thy RO NO�TA 2Ql3 DEC ! 5 kft 9: 5 , COMBERLAt1D COUNT Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, • Plaintiff • NO.: 2012-05845 • vs. • CIVIL ACTION - LAW • JOEL SHENK and E.E. SHENK • SONS, INC., •• Defendants • JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, Plaintiff, Heather E. Robinson, by and through her attorneys, Katherman, Briggs & Greenberg, LLP, file the within Answer to Defendants' Preliminary Objections: 1. Denied. Plaintiff initiated this action by filing a Writ of Summons on September 21, 2012. By way of further answer, when it became apparent that there would not be fruitful settlement negotiations, Plaintiff filed her Complaint on June 27, 2013. 2. Denied. Plaintiff's Complaint is a document which speaks for itself. Any summary or characterization of such is denied. 3. Denied. Plaintiff's Complaint is a document which speaks for itself. Any summary or characterization of such is denied. 4. Admitted in part, denied in part. It is admitted that multiple extensions of time were granted by Plaintiff's counsel at the request of Defendants' insurer. The remainder of the averments of this paragraph are denied. To the contrary, all extensions were solely for the purpose of filing an Answer to the Complaint. 5. Admitted. 6. Admitted. By way of further answer, the November 19, 2013 letter from Plaintiffs counsel was not the first time that Defendants,through both their insurer and their counsel, had been informed that the time for filing preliminary objections had long since passed. To the contrary, Plaintiff's counsel reminded Defendants' insurer on the telephone on both October 7, 2013 and October 16, 2013 that no extensions applied to the filing of preliminary objections and the deadline for filing preliminary objections had long since passed. On or around the same time, Plaintiffs counsel responded to a telephone call from Defendants' counsel and said, again, that the deadline for filing preliminary objections had long since passed and were not permitted at this time. 7. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. Without waiving this response, by way of further response, there was never an extension granted for the filing of preliminary objections and the correspondence from Defendants' insurer confirming the initial extension clearly and concisely notes the agreement to grant an additional 30 days to file an Answer. 8. Admitted. 9. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 10. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 11. Admitted. 2 12. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 13. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 14. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 15. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 16. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. 17. Denied. This paragraph constitutes a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court DENY Defendants' Preliminary Objections to Plaintiff's Complaint on the basis that they are filed well past the deadline as set forth in the Pennsylvania Rules of Court. NEW MATTER 18. All preceding paragraphs are incorporated herein by reference. 19. After Plaintiff filed and served her Complaint, Defendants' insurer requested and was granted an extension of time of 30 days to file an Answer. 20. In granting such extension, Plaintiff agreed that she would not pursue a default judgment against Defendants if they failed to file an Answer within the 20 days afforded it by the 3 Pennsylvania Rules of Civil Procedure but rather would allow for an additional 30 days to file an Answer. 21. The extension did not extend to the filing of preliminary objections and was limited to the filing of an Answer. 22. The terms of the extension were memorialized in writing by Defendants' insurer in a letter dated July 30, 2013. That letter, drafted by Defendants' representative, stated, "This will confirm that you will allow us a 30 day extension to file an Answer in the above entitled action while we attempt to reach an amicable resolution of this matter in lieu of defense cost and litigation." A true and correct copy of said letter is attached hereto and marked as Exhibit 1. 23. That letter, drafted by Defendants' insurer, accurately describes the terms of the agreement as having been limited to the filing of an Answer. It does not say that any extension was granted for the filing of preliminary objections because no such extension was granted. 24. Defendants' insurer sent a second letter dated August 29, 2013 assuming that an additional 30 day extension was agreed upon"in order for Westfield to respond to the Complaint and file an Answer . . . ." There is no mention of any extension to file preliminary objections because no such extension was granted. A true and correct of said letter is attached hereto and marked as Exhibit 2. 25. Plaintiff's counsel called Defendants' insurer on the telephone on October 7, 2013 and left a voice message in which he said, in part, that if a settlement offer was not soon made then the clock would begin running on a new deadline to file an Answer and that there would be no preliminary objections because the time for that had long since expired. 4 26. Plaintiff's counsel spoke with a representative of Defendants' insurer, Chris Schmehl, on the telephone on October 16, 2013 about settlement issues. Again, Plaintiff's counsel stated that there would be no preliminary objections in this matter because the time deadline for such had long since expired. 27. In late October, Plaintiff's counsel and Defendants' counsel exchanged telephone messages in which Plaintiff's counsel again reiterated that the time for filing preliminary objections had long since expired. 28. On November 18, 2013, Plaintiff's counsel sent a letter to Defendants' counsel setting a new deadline by which to file an Answer within 20 days and stating the following: The Pennsylvania Rules of Civil Procedure allow for 20 days after service within which to file your pleading. The Complaint in this matter was filed more than five months ago and the subsequent extensions I have granted through your client's representatives at Westfield Insurance have been limited to the filing of an Answer, as evidenced in the two attached letters from Westfield dated July 30, 2013 and August 29, 2013. As such, we are beyond the allowable time for the filing of preliminary objections. A true and correct copy of said letter is attached hereto as Exhibit 3. 29. Defendants' preliminary objections are barred as untimely filed. 30. Defendants appear to argue that there was no mutual assent in correspondence between the parties. As stated herein, there was no confusion that the extensions granted were for the purpose of filing an Answer. Moreover, both Defendants' insurer and Defendants' counsel were told specifically no later than October, 2013 that the time for filing preliminary objections had long since expired and yet Defendant filed the present preliminary objections on November 27, 2013, well more than 20 days after such specific admonitions. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court DENY Defendants' Preliminary Objections to Plaintiff's Complaint on the basis that they are filed well past the deadline as set forth in the Pennsylvania Rules of Court. Respectfully submitted, KATHERMAN BRIGGS & GREENBERG LLP Date: ) By: _ Milsten, Esquire P• Attorney ID No. 77065 7 East Market Street York, PA 17401-1205 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff 6 VERIFICATION I verify that the foregoing facts are true,upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S.§4904,relating to unsworn falsification to authorities. ' 12 : � Da Heather E.Robinson • r*, • • a CERTIFICATE OF SERVICE On this day,the attached Plaintiff's Answer to Defendants' Preliminary Objections to Plaintiff's Complaint, was sent by first-class pre-paid mail, as indicated below, to the following: John Flounlacker, Esquire Thomas, Thomas&Hafer, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Joel Shenk and E.E. Shenk Sons, Inc. I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. KATHERMAN, BRIGGS & GREENBERG, LLP Date: P-/i3 f i 3 By: Adtadj a -attit4 Deborah A. Attard, Paralegal 7 East Market Street York, PA 17401 717-838-3838 Tele 717-854-9172 Fax c � JUL 34. 2413 3:23PM WESTFIELD GROUP O. 4057 P. 1 4 WESTFIELD TNSURANCI 11111111:". SherinpKnvwlrl9.ItadiryTive.° July 30, 2013 • Fax 717-854-9172 Katherman,Briggs & Greenberg 7 E Market St York, PA 17401 Attn: Craig R Milsten Re: Insured: E. E. SHENK SONS, INC; Claim No. : NR-CAG-3321377-110810-A Date of Loss: NOVEMBER 08, 2010 . Your Client: Heather Robinson Dear Mr Milsten: . This letter will acknowledge receipt of the lawsuit entitled Heather E Robinson v Joel Shenk and E.E.Shenk Sons Inc regarding the accident from November 8, 2010. This will confirm that you will allow us a 30 day extension to file an Answer in the above entitled action while we attempt to reach an amicable resolution of this matter in lieu of defense cost and litigation. The 30 day extension will expire on August 29, 2013. To confirm the agreement of an extension, please sign below and fax this letter back to me at 866-237-1581. If you wish to discuss this matter, I can be reached at 717-581-6792. Sincerely, • C;77--j162ite inda C Kreider, AIC, SCLA Senior Office Claim Representative - , Name - Date I agree to allow Westfield Insurance Company 30 days from today's date to file an answer in the case of _ • 201 East Oregon Rood.P.O.Box 3010 Lancaster,PA 11;0w'010 1717)5695361 or 1-900.732-0050 FM 717)539.6303 www.wetlfl6ldgtp.com • JUL-30-2013 15:45 96% P.01 • - r17:.;f W STFIELD �' Hilt :! l INSURANCE _... .iI 'i. Sharing Knowledge.Building Trust* -AUG{ {� �3 ; ii ..1. i J J J :1 . . J r August 29, 2013 Fax 717-854-9172 Katherman,Briggs & Greenberg 7 E Market St York, PA 17401 Attn: Craig R Milsten Re: Insured: E. E. SHENK SONS, INC; Claim No. : NR-CAG-3321377-110810-A Date of Loss: NOVEMBER 08, 2010 Your Client: Heather Robinson Dear Mr Milsten: We have been unable to reach you regarding further settlement discussions in the above referenced matter. Unless we hear to the contrary we assume you are agreeable to an additional 30 day extension in order for Westfield to respond to the Complaint and file an Answer while settlement discussions continue. The additional extension will expire on September 30, 2013, if you do not agree please contact our office right away. Thank you for your cooperation in this matter. Sincerely, C),1/11,84Ax C 0---r€P- 41A- Linda C Kreider, AIC, SCLA Senior Office Claim Representative 201 East Oregon Road,P.O.Box 3010 Lancaster,PA 17604-3010 (717)569-5361 or 1-800-732-0050 FAX(717)569-6303 www.westfieldgrp.com K B J G KATHERMAN BRIGGS SGREENBERG I N J U R Y L A W John D.Briggs•Dean V.Dominick•Drew P.Gannon•James D.Greenberg•R.Elliot Katherman•Edward R.Kennett Evan J.Kline•Jennifer A.Kline•Craig R.Milsten•Nancy Mizerak•Timothy L.Salvatore•Brian P.Strong November 18,2013 John Flounlacker,Esquire Thomas,Thomas&Hafer, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg,PA 17108 Re: Robinson v. Shenk Cumberland County CCP No. 2012-05845 Dear Mr. Flounlacker: I am in receipt of your letter dated November 8, 2013. Please note that I previously responded to your telephone can by calling you and leaving a message on this subject. The Pennsylvania Rules of Civil Procedure allow for 20 days after service within which to file your pleading. The Complaint in this matter was filed more than five months ago and the subsequent • extensions I have granted through your client's representatives at Westfield Insurance have been limited to the filing of an Answer, as evidenced in the two attached letters from Westfield dated July 30,2013 and August 29, 2013. As such,we are beyond the allowable time for the filing of preliminary objections. I have allowed these extensions in an effort to further settlement discussions,but settlement has not occurred and we have not made much progress. Therefore,notice is hereby given that your clients, Joel Shenk and E.E. Shenk Sons Inc.,have twenty(20)days from the date of this correspondence within which to file an Answer to the Complaint or risk default. If you have any questions or wish to discuss the matter further,please contact me. Otherwise,I look forward to receiving your Answer and moving this litigation forward. •Sincerely, • Craig R. Milsten CRM/ks Enclosures LIMITED PRACTICE Personal Injury •Workers'Compensation •Wrongful Death•Social Security Disability • 7 East Market Street•York,PA 17401-1205•Phone 717 848-3838 or 800 509-1011•Fax 717 854-9172 ResultsyLuDeserve'.com • r � ! M PRAECIPE FOR LISTING CASE FOR ARGUMENT c� (Must be typewritten and submitted In triplicate) _ - TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the : -0r,;, Argument Court.) :;0 CAPTION OF CASE � {ice (entire caption must be stated in full) x o z"- HEATHER E. ROBINSON VS. JOEL SHENK and E.E. SHENK SONS, INC. No. 05845 2012 Term 1. State matter to be argued(i.e.,plaintiffs motion for new trial,defendant's demurrer to complaint,etc.): Defendants' Preliminary ObJections to Plaintiff's Complaint and Plaintiff g Opposition thereto. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Craig R. Milsten, Esq. Katherman, Briggs & Greenberg, 7 East Market Street, York, PA 17401 (Name and Address) (b) for defendants: John Flounlacker, Esq. Thomas, Thomas& Hafer, 305 North Front Street, Sixth Floor, Harrisburg, PA 17108 (Name and Address) 3. 1 will notify all parties In writing within two days that this case has been listed for argument. 4. Argument Court Date: February 14, 2014 ig re Craig R. Milsten Print your name Plaintiff Date: January 17, 2014 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2.The moving party shall file.and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4.If argument Is continued new briefs must be flied with the COURT ADMINISTRATOR(not the Prothonotary)after the case Is rellsted. CERTIFICATE OF SERVICE On this day, the attached Praecipe For Listing Case for Argument ,was sent by first- class pre-paid mail, as indicated below, to the following: JOHN FLOUNLACKER, ESQUIRE THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. KATHERMAN, BRIGGS & GREENBERG, LLP Date: 7 11q By: 'by nti(.d'1, ail -1 lvou Deborah A. Attard, Paralegal 7 East Market Street York, PA 17401 717-838-3838 Tele 717-854-9172 Fax p ( 11 PRAECIPE FOR LISTING CASEVVVFOR ARGUMENT (Must be typewritten and submitted in triplicate) -a � TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for-tbrex Argument Court.) r CAPTION OF CASE 0 (entire caption must be stated in full) , -;_: HEATHER E. ROBINSON .s''r' '`x Ln" `- VS. ' k. JOEL SHENK AND E.E. SHENK SONS, INC. 05845 2012 No. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs Complaint and Plaintiffs Opposition thereto. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Craig R. Milsten, Esq., Katherman, Briggs & Greenberg, LLP (Name and Address) 7 East Market Street, York, PA 17401 (b) for defendants: John Flounlacker, Esq., Thomas, Thomas & Hafer (Name and Address) 305 North Front Street, Sixth Floor, Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 4. 2014 /� Sign.'.." -"PO"--- dolp Print your name Plaintiffs Date: February 21, 2014 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. a a . tc_..w roco - _-1€v 20 ao D--- John Flounlacker,Esquire Attorney ID No.73112 f , THOMAS,THOMAS&HAFER,LLP IL, '' I"i % ,::3 M I i: 14 305 NORTH FRONT STREET P.O.BOX999 Cl.:;.;"3EF,LAND COUNTY HARRISBURG,PA 17108 PENNSYLVANIA (717)237-7134 Attorneys for Defendants jflounlacker @tthlaw.com HEATHER E. ROBINSON • IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION— LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. .• Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to this Certificate; 3. Plaintiff's counsel,Craig R. Milsten, Esquire,has waived the twenty(20)days; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS,THOMAS&HAFER,LLP 109-04.1 John Flounlacker,Esquire Attorney I.D. #73112 P.O. Box 999 305 N. Front Street / Harrisburg, PA 17108-0999 Date. • 22014 1 YKVIYI:KIm Snaub ((/1/) Yf14-4U44) IV:1/1/Li//10h L4-I-eb-LU14 LU:34 UIL NHCit: L/j V G • KATHERMAN BRIGGS b.GREENBERG I N J U R Y L A W John D.Briggs Dean V.Dominick•Drew P.Gannon•James D.Greenberg•R.Elliot Kathorman•Edward R.Kennett Evan J.Kline•Jennifer A.Kline•Craig R.Milsten•Nancy Mizerak•Timothy L.Salvatore•Brian P.Strong • February 24,2014 VIA FACSIMILE ONLY 237-7105 Deena B. Morrison, Paralegal Thomas, Thomas•&Hafer, LLP 305 North Front Street, Sixth Floor P.O.Box 999 Harrisburg,PA 17108 RE: Heather Robinson v. Joel Shenk,et. al. Cumberland County CCP No. 2012-05845 Dear Ms. Morrison: Enclosed please find the 20-Day Waiver I signed regarding the 11 subpoenas. Please provide me with copies of all documents you receive in response to these subpoenas. • Sincerely yours, C R. Milsten CRM/ks Enclosure • • • • • LIMITED PRACTICE 'Personal lnjwy •Workers'Compensation •Wrongful Death • Social Security Disability 7 East Market Street•York,PA 1 74 01-1 205•Phone 717 848-3838 or 800 509-1011•Fax 717 854-9172 Results FouDeserve.corn tKVI�I:KIYn snauo ((/1/) u14-4044) IO:1/1/LI//1US G4-feb-LU14 LU:.S4 UIC. I'NC3t: 4/.i THOMAS, THOMAS & HAFER LLP Page 3 I, Craig R. Milsten, Esquire, counsel for Heather E. "Robinson, do hereby agree to waive the 20 Day Notice of Intent rule, allowing counsel for Defendants to issue subpoenas to: 1. OSS Ambulatory Surgery Center, 1855 Powder Mill Road, York,PA 17402; 2. OSS Health, 1861 Powder Mill Road,York, PA 17402-4723; 3. Advantage Physical Therapy, 2821 Prospect Road,York,PA 17402; 4. Crawford Chiropractic Center, 2997 Cape Horn Road, Suite 3A, Red Lion, PA 17356; 5. Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17015-9129; 6. Jeffrey A. Frey, M.D , 741 South Main Street, PO Box 306, Red Lion, PA 17358-0306; 7. Friendship Hose Company EMS, 15 East Big Spring Avenue, P.O. Box 218, • Newville,PA 17241; 8. USAA, 9800 Fredericksburg Road, San Antonio, TX 78288; 9. Tricare, Claims Division, Department of the Army, Office of the Staff Judge Advocate, 4217 Roberts Avenue, Suite 5030, Fort George G. Meade, MD 20755-5030; 10. DLIFLC, 1759 Lewis Road, Monterey, CA 93944; and 11. York College of Pennsylvania,Administration Building, 441 Country Club Road,York, PA 17403-3651. DATE: February •D7, 2014 • 1g R Milsten, Esquire John Flounlacker,Esquire Attorney ID No.73112 THOMAS,THOMAS&HAFER,LLP 305 NORTH FRONT STREET P.O.BOX 999 HARRISBURG,PA 17108 (717)237-7134 Attorneys for Defendants jflounlacker @tthlaw.com HEATHER E. ROBINSON ▪ IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION— LAW JOEL SHENK and E.E. SHENK ▪ No. 2012-05845 SONS, INC. Defendants • JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendants, Joel Shenk and E.E. Shenk Sons, Inc., intend to serve the subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objection to these subpoenas. If no objections are made,these subpoenas will be served. THOMAS,THOMAS &HAFER, LLP k..16,2f/r/b4e7 By John Flounlacker, Esquire Attorney I.D. #73112 P.O. Box 999 305 N. Front Street Harrisburg,PA 17108-0999 (717)237-7134 Date: February r. v, 2014 1 • HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E.SHENK : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OSS Ambulatory Surgery Center, 1855 Powder Mill Road,York,PA 17402 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-6o-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies,correspondence and medical bills from 2000 to the present. 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: • Seal of the Court Prothonotary/Clerk,Civil Division Deputy 1452095.1 HEATHER E.ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E.SHENK : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OSS Health, i861 Powder Mill Road,York, PA 17402-4723 Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-60-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies, correspondence and medical bills from 2000 to the present. 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 Flounlacker,Esquire ADDRESS: P.O. Box 999, Harrisburg,PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE:, • Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452738.1 • HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS • Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION— LAW JOEL SHENK and E.E. SHENK . : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Advantage Physical Therapy, 2821 Prospect Road,York, PA 17402 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-60-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, • discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies, correspondence and medical bills from 2000 to the present. 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452741.1 HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION— LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Crawford Chiropractic Center, 2997 Cape Horn Road, Suite 3A, Red Lion,PA 17356 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-60-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies,correspondence and medical bills from 2000 to the present. 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(2o) 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452807.1 HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS • Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E.SHENK : No. 2012-05845 SONS,INC. Defendants JURY TRIAL DEMANDED • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 36xAlexander Spring Road, Carlisle, PA 17015-9129 Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents Or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-60-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies,correspondence and medical bills from 2000 to the present. 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 (2o) 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division • Deputy 1452809.1 HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION— LAW • JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR.DISCOVERY PURSUANT TO RULE 4009.22 TO: Jeffrey A. Frey,M.D., 741 South Main Street, PO Box 306, Red Lion, PA x7358-0306 Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-60-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies,correspondence and medical bills from 2000 to the present. 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452813.1 • • HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E.SHENK : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Friendship Hose Company EMS i5 East Big Spring Avenue, P.O. Box 218 Newville, PA 17241 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records regarding the accident/incident that occurred on November 8, 2010, involving Heather E. Robinson (DOB: 05/06/1980), including but not limited to: all emergency personnel notes, trip sheets, accident narrative, injury summaries, observations, assessments and reports. 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452820.1 HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: USAA 9800 Fredericksburg Road San Antonio, TX 78288 Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all information pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN No. 203-60-5904; Policy No. 01759 52 19U 7102 1) including but not limited to: claim forms, medical records, medical reports, recorded statements, photographs,bills, memos,notes and correspondence. 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 maldng 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: De cnd, iE. BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452821.1 • HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tricare Claims Division, Department of the Army Office of the Staff Judge Advocate 4217 Roberts Avenue, Suite 5030 Fort George G. Meade, MD 20755-5030 Attn:Angela E. Coppedge-Jackson, Senior Paralegal Specialist Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all information pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN No. 203-60-5904; Claim No. 13-351-Ao118) including but not limited to: claim forms, medical records, medical reports, recorded statements, photographs, bills, memos, notes and correspondence. 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 (2o) 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 Flounlacker,Esquire ADDRESS: P.O. Box 999, riarribucg, PA .71J8-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1452829.1 HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION—LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS,INC. Defendants : JURY TRIAL DEMANDED • • • • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR.DISCOVERY PURSUANT TO RULE 4009.22 TO: DLIFLC, 1759 Lewis Road,Monterey, CA 93944 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Heather E. Robinson (DOB: 05/06/1980), including but not limited to: grades/report cards, attendance records, counseling records, restrictions/limitations, disciplinary records, standardized test scores, medical records,notes,memoranda and correspondence from 2000 through the present. 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 Flounlacker,Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 • ATTORNEY FOR: Defendants BY THE CQUPn DATE: Seal of the Court Prothonotary/Clerk, Civil Division . Deputy • 1452836.1 HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION— LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR.THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York College of Pennsylvania Administration Building 441 Country Club Road York, PA 17403-3651 Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Heather E. Robinson (DOB: 05/06/1980), including but not limited to: grades/report cards, attendance records, counseling records, restrictions/limitations, disciplinary records, standardized test scores, medical records,notes,memoranda and correspondence from 2000 through the present. 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 Flounlacker,Esquire ADDRESS: P.O. Box 999, Harrisburg,PA 17108-0999 TELEPHONE: (717) 237-7134 qUP ME COURT IL'#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Division Deputy 1452854.1 CERTIFICATE OF SERVICE I, Deena B. Morrison, a paralegal for the law firm Thomas, Thomas &Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Craig R. Milsten, Esquire Katherman, Briggs &Greenberg, LLP 7 East Market Street York, PA 17401-1205 THOMAS,THOMAS &HAFER, LLP Deena B. Morrison, Pa legal Date: February e20, 2014 2 CERTIFICATE OF SERVICE I, Deena B. Morrison, a paralegal for the law firm Thomas, Thomas &Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first class United States mail,postage prepaid, addressed as follows, on the date set forth below: Craig R. Milsten, Esquire Katherman, Briggs&Greenberg, LLP 7 East Market Street York, PA 17401-1205 THOMAS, THOMAS&HAFER, LLP iii .:/ice Deena B. Morrison, Par.legal / Date a7 , 2014 2 John Flounlacker, Esquire Attorney ID No. 73112 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 jflounlacker@tthlaw.com Attorneys for Defendants THE PRO T N 0 TA, 2011i API), PIM 3:2L CUMBERLAND COUNTY PENNSYLVANIA HEATHER E. ROBINSON Plaintiff v. JOEL SHENK and E.E. SHENK SONS, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION — LAW No. 2012-05845 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE , TO SERVICE OF SUBPOENAS As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to this Certificate; Plaintiffs counsel, Craig R. Milsten, Esquire, has waived the twenty (20) days; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Date: April , 2014 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 1 John Flounlacker, Esquire Attorney I.D. #73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 I-KOlvl snaub ts11-4U4.1) I U:1 /1 /Z.3//lUb Lb-Mar-GC/14 14:4b U IL Z/J KATHERMAN BRIGGS & GFiEENBERG N 4 LJ R 1 A W Jahn D. Briggs• Dean V. Dominick • Drew P. Gannon • James D. Greenberg • R, Elliot Katherman • Edward R. 'Kennett Evan J. Kline • Jennifer A. Kline • Craig R, Milsten • Nancy Mizerak • Timothy L. Salvatore • Brian P. Strong March 26, 2014 VIA FACSIMILE ONLY: 237-7105 Deena B. Morrison, Paralegal Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor P.O. Box 999 . Harrisburg, PA 17108 RE: Heather Robinson v. Joel Shenk, et, al. Cumberland County CCP No, 2012-05845 Dear Ms. Morrison: Enclosed please find the 20-Day Waiver I signed regarding the subpoena for Gotham Internal Medicine. Please provide me with copies of all documents you receive in response to this subpoena. CRMiks Enclosure Sincerely yours, 1N,ITECI PRACTiia.7. Personal Injury • Workers' Compensation • Wrongful Death • Social Security Disability 7 East maricet Street • York, PA 17401-1205 • Phone 717 848-3838 or 800 509-1011 • Fax 717 854-9172 ResultsBu Deserve*.corn F-KOM:KIM SI laUD ((/1/) t114-4U44) 10:1/1/Z.3//1US Lb-IvIdr-ZQ14 14:4S UR. FAUt: .3/.3 THOMAS, THOMAS & HAFER LLP Page 2 I, Craig R. Milsten, Esquire, counsel for Heather E. Robinson, do hereby agree to waive the Twenty (20) Day Notice of Intent rule, allowing counsel for Defendants to issue a subpoena to: Gotham Internal Medicine. DATE: 2014 Milsten, Esquire John Flounlacker, Esquire Attorney ID No. 73112 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 jflounlacker@tthlaw.com Attorneys for Defendants HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK No. 2012 -05845 SONS, INC. Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendants, Joel Shenk and E.E. Shenk Sons, Inc., intend to serve a subpoena identical to the one that is 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 this subpoena. If no objection is made, this subpoena will be served. Date: March 24, 2014 THOMAS, THOMAS & HAFER, LLP By: John Flounlacker, Esquire Attorney I.D. #73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108 -0999 (717)237 -7134 1 HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gotham Internal Medicine, 3065 Windsor Road, Red Lion, PA 17356 Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all medical records pertaining to Heather E. Robinson (DOB: 05/06/1980; SSN: 203-60-5904) including but not limited to: emergency department records, evaluations, consultation reports, nursing notes, therapy notes, progress notes, discharge summaries, records of other health care providers, patient histories, reports of diagnostic studies, correspondence and medical bills from 2000 to the present. 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 1473104.1 CERTIFICATE OF SERVICE I, Deena B. Morrison, a paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Date: March 24, 2014 THOMAS, THOMAS & HAFER, LLP Deena B. Morrison, Pa 2 CERTIFICATE OF SERVICE I, Deena B. Morrison, a paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Date: April 1457873.2 , 2014 THOMAS, THOMAS & HAFER, LLP Deena B. Morrison, a legal 2 #11. HEATHER E. ROBINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOEL SHENK, AND : NO. 2012 — 5845 CIVIL TERM E. E. SHENK SONS, INC., : Defendants : IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE GUIDO, EBERT, PLACEY, JJ. ORDER OF COURT AND NOW, this 10T-11 day of APRIL, 2014, after reviewing the briefs filed by the parties and having heard argument thereon, Defendants' Preliminary Objections are SUSTAINED in part. Paragraphs 17 (g) and 25 of the complaint are STRICKEN. In all other respects the Preliminary Objections are OVERRULED. Defendant shall file an answer within twenty (20) days. R. Milsten, Esquire 7 East Market Street York, Pa. 17401 Flounlacker, Esquire P.O. Box 999 305 North Front Street Harrisburg, Pa. 17108 $14/C.LCL Court Administrator :sld CAS4 By the Court, Edward E. Guido, John Flounlacker, Esquire Attorney ID No. 73112 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7134 jflounlacker@tthlaw.com i Attorneys for Defenda1/a HEATHER E. ROBINSON Plaintiff v. JOEL SHENK and E.E. SHENK SONS, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION — LAW No. 2012-05845 JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Answer with New Matter to Plaintiffs Complaint and state as follows: 1. Admitted. It is admitted that Plaintiff is who she says she is. 2. Admitted. 3. Denied as stated. By way of further response, Defendant E.E. Shenk Sons, Inc. is a Pennsylvania corporation with principal offices located at 151 Creek Road, Elizabethtown, Pennsylvania 17022. 4. The averments of Paragraph 4 of Plaintiffs Complaint are denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 5. Answering Defendant denies the allegations contained in this Paragraph according to Pennsylvania Rule of Civil Procedure 1029(c). 6. Admitted. 7. Paragraph 7 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 7 are specifically denied and strict proof thereof is demanded at trial. 8. Answering Defendant denies the allegations contained in this Paragraph according to Pennsylvania Rule of Civil Procedure 1029(e). 9. It is admitted that Defendant Shenk was operating a tractor and trailer at all times relevant to the incident referred to in Plaintiff's Complaint. By way of further response, the remains of the averments in this paragraph are denied generally pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 10. The averments of Paragraph 10 of Plaintiffs Complaint are denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 11. The averments of Paragraph 11 of Plaintiffs Complaint are denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 12. Paragraph 12 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 12 are specifically denied and strict proof thereof is demanded at trial. 13. Answering Defendant submits that any allegations or suggestions contained in this Paragraph of the Plaintiffs Complaint indicating the Answering Defendant caused the subject accident and/or the Plaintiffs injuries amount to legal conclusions to which no response 2 is required. To the extent a response is deemed required, the averments of Paragraph 13 are generally denied pursuant to Pennsylvania Rule of Civil Procedure 1029(c). 14. Answering Defendant submits that the Plaintiff's use and/or reference to the Pennsylvania Motor Vehicle Financial Responsibility Law amount to legal conclusions which require no Answer. By way of further response, the remains of the averments of Paragraph 14, subparagraphs (a) through (f) inclusive, are denied generally pursuant to Pennsylvania Rule of Civil Procedure 1029(c). Count I — Heather E. Robinson v. Joel Shenk 15. Paragraphs 1 through 14 of Defendants' Answer are incorporated by reference as if set forth fully herein. 16. Paragraph 16 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 16 are specifically denied and strict proof thereof is demanded at trial. 17. Paragraph 17, subparagraphs (a) through (i) inclusive, represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 17 are specifically denied and strict proof thereof is demanded at trial. By way of further response, Paragraph 17(g) of Plaintiff's Complaint has been stricken from the pleading pursuant to an Order of this Honorable Court. 18. Paragraph 18 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 18 are specifically denied and strict proof thereof is demanded at trial. 3 19. Paragraph 19 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 19 are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully requests that this Honorable Court enter judgment in their favor and against Plaintiff. Count II — Heather E. Robinson v. E.E. Shenk Sons, Inc. 20. Paragraphs 1 through 19 of Defendants' Answer are incorporated by reference as if set forth fully herein. 21. Paragraph 21 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 21 are specifically denied and strict proof thereof is demanded at trial. 22. Paragraph 22 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 22 are specifically denied and strict proof thereof is demanded at trial. 23. Paragraph 23 represents a conclusion of law to which no response is required. To the extent a response; is deemed required, the averments of Paragraph 23 are specifically denied and strict proof thereof is demanded at trial. 24. Paragraph 24 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 24 are specifically denied and strict proof thereof is demanded at trial. 25. Denied as stated. Paragraph 25 of Plaintiff's Complaint has been stricken from the pleading pursuant to an Order of this Honorable Court and no responsive pleading is required. 4 26. Paragraph 26 represents a conclusion of law to which no response is required. To the extent a response is deemed required, the averments of Paragraph 26 are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff. New Matter 27. Paragraphs 1 through 26 of Defendants' Answer are incorporated by reference as if set forth fully herein. 28. At all times relevant to the incident as averred to in Plaintiffs Complaint, Defendant Joel Shenk conducted himself in a reasonable manner under the circumstances. 29. Plaintiff fails to state a claim against Defendants upon which relief can be granted. 30. Defendants' acts and/or omissions were not the proximate cause of the accident or injuries Plaintiff alleges in her Complaint. 31. Some or all of Plaintiffs claims for damages may be reduced and/or barred by operation of the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Some or all of Plaintiffs claims for damages may be reduced by her failure to mitigate damages. 33. Plaintiffs claims may be barred by the applicable statute of limitations. 34. Plaintiff's claims, damages, and/or injuries, if any, may be barred or reduced by Plaintiffs own contributory or comparative negligence. 35. Defendants did not owe a duty of care to Plaintiff. 5 36. If Defendants owed a duty to Plaintiff, the same being denied, then Defendants did not breach any duty of care owed to Plaintiff. Date: 1482709.1 THOMAS, THOMAS & HAFER, LLP By: 6 Jo qr Flounlacker, Esquire (PA I.D. # 73112) 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 237-7134 jflounlacker@tthlaw.com Attorneys for Defendants VERIFICATION I, John Flounlacker, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that we are the attorneys of record for the Defendants Joel Shenk and E.E. Shenk Sons, Inc. in this case; that as such I am authorized to make this Verification and that the information set forth in the foregoing Answer & New Matter to Plaintiff's Complaint is true and correct to the best of my knowledge, information, and belief Date: F ounlacker, Esquire CERTIFICATE OF SERVICE I, April L. Casper, an employee of the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 THOMAS, THOMAS & HAFER, LLP April L Casper Date:Is " Jy Fr, ti-OFFIU THE PROTHONO Tx° ; .^, 29!1 NAY 19 PM 2: 59 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, Plaintiff v. JOEL SHENK and E.E. SHENK SONS, INC., Defendants NO.: 2012-05845 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, Heather E. Robinson, by her attorney, Craig R. Milsten, Esquire, and Katherman, Briggs & Greenberg, hereby responds to the New Matter of Defendant as follows: 27. to 36. The allegations contained in these paragraphs contain conclusions of law to which no response is required and the same are therefore denied. To the extent an answer is required, the averments contained in these paragraphs are denied generally, pursuant to Pa.R.C.P. 1029(e). Respectfully submitted, KATHERMAN, BRIGGS & GRE F BERG Date: S/k5 � By: Crafg R. Milsten, Esquire ./Attorney I.D. No.: PA77065 7 East Market Street York, PA 17401 (717) 848-3838 Phone (717) 854-9172 Fax Attorney for Plaintiff VERIFICATION CRAIG R. MILSTEN, hereby states that he is an attorney in this action, and is authorized to make this verification and states that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief, and that Plaintiff's verification could not be timely obtained. The undersigned understands that the foregoing statements are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: S/`g/iif CERTIFICATE OF SERVICE On this day, the attached Plaintiff's Reply to New Matter, was sent by first-class pre -paid mail, as indicated below, to the following: JOHN FLOUNLACKER, ESQUIRE THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. KATHERMAN, BRIGGS & GREENBERG, LLP Date: S/151/1i By: maratt;i4 Deborah A. Attard, Paralegal 7 East Market Street York, PA 17401 (717) 848-3838 Phone (717) 854-9172 Fax THOMAS, TTHOMAS & HAFER LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 28111 JUN 1 o PH 2: U CUMf3tR1 �'Fi���{S �'D COUNTYLVANIA (717) 237-7100 (717) 237 -7105 --fax Attorneys for Defendant(s) HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of John Flounlacker, Esquire as counsel for Defendants. THOMAS, THOMAS & HAFER, LLP Date: c9l ohn Flounlacker, Esquire I.D. No. 73112 TO THE PROTHONOTARY: Please enter the appearance of Hugh P. O'Neill, III, Esquire on behalf of Defendants. THOMAS, THOMAS & HAFER, LLP Date: ligAt Hugh P.D'Neill, Esquire I.D. No. 69986 CERTIFICATE OF SERVICE I, April L. Casper, a secretary with the law firm of Thomas, Thomas & Hafer,. LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing Praecipe for Withdraw/Entry of Appearance upon the person and at the address listed below by placing a copy of same in the United States 1st Class Mail, postage prepaid, to the following: Date: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 THOMAS, THOMAS & HAFER, LLP By: April . Casper, Legal Secre Hugh P. O'Neill, III, Esquire Attorney ID No. 69986 Matthew R. Clayberger Attorney ID No. 316102 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendants 1 ' ti: PRO THO EP -5 PM 1:33 CUMBERLAND COUNTY PENNSYLVANIA HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL THE PRODUCTION OF PLAINTIFF'S OVERDUE DISCOVERY RESPONSES AND COMPEL PLAINTIFF TO AUTHORIZE THE RELEASE OF HER EDUCATIONAL RECORDS FROM YORK COLLEGE OF PENNSYLVANIA AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Motion to Compel the Production of Plaintiff's Overdue Discovery Responses and Compel Plaintiff to Authorize the Release of Her Educational Records from York College of Pennsylvania pursuant to Local Rule 208.3(a)(7) and Rule 4019 of the Pennsylvania Rules of Civil Procedure and state as follows: Plaintiff initiated this action by Complaint on June 27, 2013. 2. Plaintiff's claims arise out of injuries she allegedly sustained in a motor vehicle accident that occurred on or about November 8, 2010. 3 Discovery is ongoing in this case. 1 4. On March 19, 2014, Defendants propounded their Interrogatories and Request for Production of Documents upon Plaintiff. True and accurate copies of the enclosure letter forwarding Defendants' discovery requests, Defendants' Interrogatories, and Defendants' Request for Production of Documents are attached hereto as Exhibits "A," "B," and "C," respectively. 5. Thereafter, Defendants requested that the Prothonotary issue a Subpoena to Produce Documents or Things to York College of Pennsylvania in order to obtain copies of Plaintiffs educational records while enrolled at York College. A true and accurate copy of that Subpoena is attached hereto as Exhibit "D." 6. Upon information and belief, York College sent an Authorization for the release of said records directly to Plaintiff, as required by the Family Educational Rights and Privacy Act. 7. Rule 4006 of the Pennsylvania Rules of Civil Procedure requires that a party provide verified answers and/or objections to another party's interrogatories within thirty (30) days of service. Pa.R.Civ.P. 4006(a)(2). 8. Similarly, Rule 4009.12 of the Pennsylvania Rules of Civil Procedure, provides that a party must provide answers or objections to another party's request for production of documents within thirty (30) days of service. Pa.R.Civ.P. 4009.12(a)(1). 9. When a party fails to provide timely responses to interrogatories and requests for production of documents, the trial court is empowered to issue an order compelling the production of such discovery responses. Pa.R.Civ.P. 4019(a). 2 10. Here, Plaintiffs answers to Defendants' Interrogatories and Request for Production of Documents were due no later than April 18, 2014. 11. As of the date of this filing, Plaintiffs have not provided responses to Defendants' Interrogatories and Request for Production of Documents. 12. Moreover, Defendants have not received Plaintiffs educational records from York College, and it is therefore believed that Plaintiff has failed to execute the Authorization permitting for the release of those records. 13. Plaintiffs discovery responses are now nearly five months overdue in clear violation of the Pennsylvania Rules of Civil Procedure. 14. On August 7, 2014, counsel for Defendants sent a letter to Plaintiffs counsel inquiring as to when Defendants could expect said discovery responses. A true and accurate copy of that letter is attached hereto as Exhibit "E." 15. Plaintiffs counsel did not respond to that letter. 16. On August 7, 2014, and August 12, 2014, counsel for Defendants attempted to reach Plaintiffs counsel by phone to discuss the overdue discovery responses; counsel for Defendants was transferred directly to voicemail and Plaintiffs counsel did not return either call. 17. On August 13, 2014, counsel for Defendants sent another letter to Plaintiffs counsel following-up on his previous inquiries regarding the overdue discovery responses. A true and accurate copy of that letter is attached hereto as Exhibit "F." 18. Again, Plaintiffs counsel did not respond to that letter. 19. On August 29, 2014, counsel for Plaintiff and Defendants discussed Plaintiffs overdue discovery responses via telephone. 3 20. At that time, Plaintiffs counsel indicated that he may be amenable to consent orders with respect to the discovery motions Defendants intended to file with the Court. 21. On September 2, 2014, counsel for Defendants sent copies of the proposed discovery motions to Plaintiffs counsel and requested a response either consenting or refusing consent to the motions by 5 p.m. on September 3, 2014. A true and accurate copy of the letter enclosing those discovery motions for Plaintiff's counsel's review is attached hereto as Exhibit 22. Plaintiffs counsel failed to respond and provide or refuse his client's consent to the instant discovery motion within the deadline established. 23. Plaintiffs overdue discovery responses are significantly delaying the course of this litigation, which problem has been compounded by Plaintiffs counsel's frequent refusal to engage in communications with counsel for Defendant. 24. Plaintiff should be compelled to provide the aforesaid discovery responses and to execute the Authorization to York College or face the imposition of sanctions pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure. 4 WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion to Compel and Order Plaintiff to provide responses to Defendants' Interrogatories and Request for Production of Documents, and to execute and return the Authorization to York College of Pennsylvania, within thirty (30) days of the entry of this Court's Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: qyy 11 zi By: 5 H g Atto Matthew R. i er Attorney I.D. # 316102 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7100 Counsel for Defendants EXHIBIT A tri THOMAS, THOMAS & HAFERLU' Attorneys At Law March 19, 2014 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 RE: ROBINSON v. SHENK Cumberland County CCP: No. 2012-05845 TTH File No. 411-31688 Dear Craig: Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 John Flounlacker (717)237-7134 fflounlacker@tthlaw.corn Enclosed you will find Defendants' First Set of Interrogatories Directed to Plaintiff and Defendants' Request for Production of Documents Propounded on Plaintiff in the above - referenced matter. If you have any questions, please feel free to contact me at your convenience. Very truly yours, THOMAS, THOMAS & HAFER, LLP JF/dbma 354199.3 Enclosures John Flounlacker, Esquire 8 EXHIBIT B THOMAS, THOMAS & HAFER, LLP 305 North Front Street P,O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant HEATHER E. ROBINSON, Plaintiff V. JOEL SHENK and E.E. SHENK SONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-05845 CIVIL ACTION — LAW JURY TRIAL DEMANDED DEFENDANTS' FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF TO: Heather E. Robinson c/o Craig R. Milsten, Esquire 7 East Market Street York, PA 17401 PLEASE TAKE NOTE that you are hereby required to answer separately, fully, in writing, and under oath, the following Interrogatories and to serve your answers thereto on THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, on or before thirty (30) days from the date of service hereof, all in accordance with the Rules of Civil Procedure. DEFINITIONS "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video 10 and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or country); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identify of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; 11 (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the matters and claims alleged in the Lawsuit, arising out of the accident, as identified in the Complaint in this action. "Lawsuit" means the Complaint filed in this action. "Person" means a natural person, partnership, association, corporation, or government agency. "You" means the party upon whom these Interrogatories have been propounded for answer, and shall also be deemed to refer to, but shall not be limited to, your representatives, attorneys, agents, servants, officers, insurers, investigators or employees thereof as long as the material requested is not privileged. STANDARD INSTRUCTIONS (1) Duty to answer. -- The Interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 12 (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. INTERROGATORIES For each Plaintiff, state your full name, present address, date of birth, place of birth, social security number, present employer, any and all employers for the last five (5) years, and any and all addresses where you have resided for the past five (5) years. ANSWER: 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff(s) in this case. ANSWER: 13 3. State in detail the nature of the injuries that you allege have were sustained as a result of this incident and with specificity, state the following infolination: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 4. State the medical treatment or procedures that have been perfoimed in connection with the injuries allegedly sustained in this incident. Please also state the name and address of any and all physicians, doctors, or medical professionals who performed any and all procedures and the dates in which any and all procedures were performed. ANSWER: 14 5. Please state the name, address, and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which Plaintiff last consulted any physician for any type of physical complaint and the reason for such consultation. ANSWER: 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 15 7. Have you ever suffered any injuries in any accident, either prior to, or subsequent to this incident? If so, please state: a. the date and place of such injury; b. a detailed description of the injuries received; c. the names and addresses of any and all hospitals or doctors rendering treatment; and d. the nature and extent of recover and, if any permanent disability was suffered, the nature and extent of such permanent disability. ANSWER: 8. Please state for a five (5) year period prior to or at any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in answer to any of the preceding Interrogatories. ANSWER: 16 9. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages lost and specify the source(s) of any and all lost wages. ANSWER: 10. Are you now receiving, or have you ever received, any disability pension, income, or insurance of workmen's compensation from any agency, company, person, corporation, state, or government? (Not applicable to minor Plaintiff). If so, please state: a. The nature of any such payment; b. The date you received such income; c. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; g. If so, the nature and extent of such disability; Whether you had any disability at the time of the incident referred to in the Complaint; h. If so, the nature and extent of such disability. ANSWER: 17 11. Have you made a claim for any benefits under any medical pay coverage or policy of insurance relating to the alleged injuries suffered in this incident? If so, please state: a. The name of the insurance company or organization to whom such claim was made; b. The date of the claim or application; c. The claim and policy numbers; d. Whether or not such claim was paid, and if so, the nature of the amount received; e. Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: 12. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 18 13. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 14. Please identify each document which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 19 15. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; c. a summary of the grounds for each such expert opinion. ANSWER: 16. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 20 17. State whether you have ever been arrested or convicted of any type of crime, and, if so, state the charge, disposition, date of disposition and the court in which it was processed. ANSWER: 18. Identify the source and state the amount and date of any and all benefits or payments of any kind that you have received or have been paid on your behalf because of losses you sustained or expenses you incurred as a result of the subject accident, including but not limited to all first party insurance benefits, workers' compensation, medical expense coverage and compensation for disability, dismemberment or disfigurement, death, income or hospital indemnity and lost income or earnings. ANSWER: 21 19. Set forth in detail, including the dates, nature and amount of any special damages which have not been paid and are not payable under the coverages set forth in the Motor Vehicle Financial Responsibility Law, or workers' compensation, or any program, group contract or other arrangement for payment of benefits; and explain how you calculated such amounts and determined that they were not paid or payable. ANSWER: 20. Identify all insurance policies, benefit plans, and programs, group contracts, employment policies or agreements, or other arrangements for payment of medical expenses, income loss, dismemberment or disfigurement, death or personal injury, under which you are an insured, covered person, or eligible to receive payments or benefits. ANSWER: 22 21. State whether or not you were the owner of the vehicle involved in this accident. If not, please state the name, address, and telephone number of the vehicle owner. ANSWER: 22. State your educational background, including the names, addresses and dates of attendance, for all high school, and post high school education, indicating if you graduated and the degree received, if any. ANSWER: 23 23. With respect to your military service, please state: a. The date you entered military service; b. Any and all military training you received; c. Any and all military occupational specialties; d. Any and all awards you received while in the military; e. Any and all disciplinary violations you received, (e.g. counseling statements, letters of reprimand, proceedings brought pursuant to Article 15 of the UCMJ); g. The terms of the enlistment contract you entered into with the National Guard, including the date the enlistment contract was entered into and the date the contract ended; The name, address, and phone number of your last company commander; and h. Whether you have ever been barred from reenlistment in the National Guard. ANSWER: 24 24. With respect to your discharge from the National Guard, please state: a. The characterization of your discharge (e.g. honorable, general, medical, dishonorable etc.); b. Under which military administrative regulation you were discharged; c. State the circumstances surrounding your discharge; d. Whether your discharge was related to your performance; e. Whether your discharge was related to a disciplinary issue; f. Whether you received a medical board prior to discharge; g. Whether you received any military -related disability benefits as part of your discharge and, if so, state the percentage of disability attributed to said military service; and h. If it is your contention that your discharge from the National Guard was due, at least in part, to the accident alleged as the basis for this lawsuit, please state the basis for that assertion, each and every fact which supports that contention, each and every document that supports that contention, and identify each and every witness intended to testify at trial in support of that contention. ANSWER: Date: THOMAS, THOMAS & HAFER, LLP By: John Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 25 EXHIBIT C THOMAS, THOMAS & HAFER, LLP John Flounlacker, Esquire 305 North Front Street Attorney I.D. 73112 P.O. Box 999 (717)237-7134 Harrisburg, PA 17108 Attorneys for Defendant HEATHER E. ROBINSON, Plaintiff V. JOEL SHENK and E.E. SHENK SONS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-05845 CIVIL ACTION — LAW JURY TRIAL DEMANDED DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED ON PLAINTIFF Defendant hereby requests that you furnish pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, at our expense, or permit the Defendant or someone acting on its behalf to inspect, examine, and copy the following items concerning this action which are in the possession, custody, or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of Plaintiff, including any insurer(s) for Plaintiff(s). Said items shall be produced or made available for inspection at the office of Defendants' attorneys located at 305 North Front Street, Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date and time to be arranged between counsel. "Document" is used in its customary broad sense to include, by way of illustration only and not by way of limitation, all written or graphic matter of every kind and description, whether printed or reproduced by any process, or written and/or produced by hand, whether final or draft, original or reproduction, whether in the actual or constructive possession, custody, or control of Plaintiff, including: checks, letters, correspondence, memoranda of telephone or personal 27 conversations, microfilm, microfiches, telegrams, books, magazines, newspapers, advertisements, periodicals, bulletins, circulars, brochures, pamphlets, statements, notices, advertising layouts, trade letters, press releases, reports, rules, regulations, directives, teletype or telefax messages, minutes or records of meetings, interoffice communications, financial statements, ledgers, books of account, proposals, prospectuses, offers, orders, receipts, working papers, desk calendars, appointment books, diaries, routing slips, time sheets, logs, movies, tapes (or visual or audio reproductions), drawings, blueprints, sketches, plans, graphs, charts, photographs, shipping papers, purchase orders, phonograph records, data processing paper results, data printouts and computations (both in hard -copy form and stored in memory components), transcripts of oral statements or testimony, reports and/or summaries of interviews, reports and/or summaries of investigations, opinions or reports of consultants, forecasts, court papers, and any and all other data compilations or information resources from which information can be obtained or translated, if necessary, by Plaintiff through detection devices into reasonably usable form, or material similar to any "document" as used herein, including email, and any electronically stored or maintained data or information, regardless of storage format, device, method, or means. "Document" as used herein, also includes the original of any document in whatever form or medium it may exist, and all copies of such document bearing, on any sheet or side or version thereof, any marks, including by way of illustration only and not by way of limitation, initials, stamped indicia, any comment or notation of any character not a part of the original text, or any reproduction thereof. A draft or non -identical copy is a separate document. 28 DOCUMENTS REQUESTED All photographs showing, representing or purporting to show any of the persons, property, injuries and any and all other matters related to the subject matter of this litigation. 2. All diagrams, sketches, blueprints, plans, measurements, or blueprints showing, representing or purporting to show any of the vehicles, instrumentalities, persons, property, injuries, or other matter involved in the incident which form the basis of Plaintiffs' Complaint or cause of action. 3. All statements, including but not restricted to those defined by Pa.R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, injuries, or any other matter involved in or pertaining to this case. 4. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. 29 5. All documents prepared by you or by any insurer(s), representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their behalf.) 6. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents relating in any way to all injuries, damages and losses sustained by Plaintiff. This should include, but not be limited to repair invoices, bills, medical invoices, medical 30 reports, medical records, medical bills, receipts, hospital records, charts and x-rays, wage and employment information, and all other documents in any way relating to Plaintiffs alleged injuries and damages. 8. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 31 9. All financial records concerning the Plaintiff including, but not limited to any and all tax returns, W -2's, and other filings, employment records, and wage or salary infoilnation, for a period of three (3) years prior to the date of this incident to present. 10. If not covered by the above -requests, any and all documents which evidence any facts on the basis of which it will be asserted that the Defendant caused or contributed to the happening of the injuries sustained by the Plaintiff. 11. All documents which would support any claims for injuries/damages averred in Plaintiff's Complaint. 12. A copy of Plaintiffs insurance policy for any policy of auto insurance which was in effect at the time of this incident. 13. All documents referenced in Plaintiff's Answers to Defendant's Interrogatories. 14. A copy of the Declaration Sheet covering the time -period in question. 32 15. Plaintiffs military records, including but not limited to documents related to: • Plaintiffs enlistment, awards, reprimands, training, disability and discharge. Date: THOMAS, THOMAS & HAFER, LLP By: John Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 33 EXHIBIT D HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York College of Pennsylvania Administration Building 441 Country Club Road York, PA 17403-3651 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Heather E. Robinson (DOB: 05/06/1980), including but not limited to: grades/report cards, attendance records, counseling records, restrictions/limitations, disciplinary records, standardized test scores, medical records, notes, memoranda and correspondence from 2000 through the present. 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 35 EXHIBIT E Thi THOMAS, THOMAS & HAFERLLP Attorneys At Law August 7, 2014 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: Street Address: 305 Noah Front Stmt, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.737.7100 Fax: 717.237.7105 Hugh P. O'Neill (717) 255-7629 honell@tthlaw.com As you may be aware, I have assumed the day-to-day handling of this matter from John Flounlacker. In reviewing the file, it appears that we have not received Answers to our discovery served on March 19, 2014. Would you please advise as to when we can expect full and complete Answers to this discovery? Also, it is our understanding that your office was provided with an Authorization for release of educational records from York College. Would you kindly have your client sign and return the Authorization to York College? Our office also supplied an Authorization for DLIFLC for your client's military training and education records. Would you kindly have your client sign the Authorization and return it to us? Thank you for your kind attention to these matters. Please contact me with any questions or concerns. Very truly yours, THOMAS, TH By: HPO/mak 1515026.2 gh P. O'Neill, III R, LLP Harrisburg Bethlehem Pittsburgh Philadelphia Witlles,Barre Baltimore, MD Clinton, Mi omo.lthlan.cam 37 EXHIBIT F rISH THOMAS, THOMAS & HAI. 'Sax Attorneys Ar Law August 13, 2014 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.0. Box 999, Harrisburg, PA 17108 Phone: 717.2373100 Fax: 717237.7105 Hugh P. O'Neill (7)7) 255-7629 honeill(aithlaw.com I am writing to follow-up with you on my letter dated August 7, 2014. As you will recall, in that letter I inquired as to when we could expect responses to the Interrogatories and Request for Production of Documents which we propounded upon your client on March 19, 2014. I also inquired as to when we could expect to receive signed Authorizations from your client authorizing the release of records from York College and DLIFLC. I have received no response to my previous letter, and my phone messages of 8/7 and 8/12 to your office have gone unretumed. As of the date of this letter, your client's responses to our Request for Production of Documents and Interrogatories are nearly four months overdue. Under Rule 208.3(a)(7) of the Cumberland County Local Rules of Procedure, a party may file a discovery motion seeking a motion to compel or sanctions based upon another party's failure to comply with the rules of discovery. Although it is my desire to avoid the need for court intervention with respect your client's outstanding discovery responses, it is clear that the Local Rules provide me with a mechanism to compel your client's responses if you are unwilling to do so without an order of court. Please allow this letter to serve as formal notice that I intend to file a Motion to Compel your client's outstanding discovery responses if I do not receive your client's responses by September 2, 2014. Kindly produce your client's responses by September 2, 2014, and the need for judicial intervention will be avoided. Harilsburg Bettiletivoi Pittsburgh Philadelphia Wilkes•Liatre Bbithriore, MB Clinton. PI hPaCCOM 39 THOMAS, THOMAS & HAFER, LLP August 13,2014 Page 2 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Thank you for your kind attention to these matters. Please contact me with any questions or concerns. I look forward to receiving your client's discovery responses. HPO/narc 1554995.1 40 Very truly yours, ---• THOMAS, THOMAS ER, LLP By: Hugh O'Neill, III 41 Thi THOMAS, THOMAS & HAFERLL, Attorneys At Law September 2, 2014 Via Fax: 717-854-9172 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Matthew 1?. Clayberger (717) 237-7150 mclavberger@.tthlaw.com Attached for your review are copies of the proposed discovery motions which we discussed last week in our phone conversation. As you will see, we intend to file two separate motions related to discovery in this case. First, attached is a copy of a motion to compel the production of plaintiff's overdue discovery responses and compel plaintiff to authorize the release of her educational records from York College of Pennsylvania. In addition to that document, attached is a proposed copy of defendant's motion to compel the production of plaintiffs military personnel files. In accord with our previous discussions, I believe you have indicated that you are willing to consent to the orders that I have attached to both of these discovery motions. If that is the case, please let me know as soon as possible so that we may adjust the motions accordingly and file them as consent orders with the court. Since we intend to file these motions so that they may be disposed of on the next argument date, please respond to this letter and confirm whether you consent to the proposed orders no later than 5:00 p.m. on Wednesday, September 3, 2014. If you have any questions or concerns, please feel free to contact me at any time. I look forward to your response. Very truly yours, THOMAS, THOMAS & HAFER, LLP Matthew erger MRC/cmp1515026.2 Attachments Harrisburg Bethlehem Pittsburgh Philadelphia Witkes•Barre Baltimore, MD Clinton, NJ www.lthlaw.com 42 CERTIFICATE OF SERVICE I, Matthew R. Clayberger, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing the same in the United States mail, postage prepaid: Date: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP By: 43 M. t h R. Clay erger, Esquire Hugh P. O'Neill, III, Esquire Attorney ID No. 69986 Matthew R. Clayberger, Esquire Attorney ID No. 316102 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendants 1' r C THE r RO;iIONOT.' ?' • 2014 SEP -5 PM 1: 3 CUMBERLAND COUNTY PEN SYLVA,hi \ HEATHER E. ROBINSON Plaintiff v. JOEL SHENK and E.E. SHENK SONS, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION — LAW No. 2012-05845 JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL THE PRODUCTION OF PLAINTIFF'S MILITARY PERSONNEL FILES AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Motion to Compel the Production of Plaintiff's Military Personnel Files pursuant to Local Rule 208.3(a)(7) and state as follows: 1. Plaintiff initiated this action by Complaint on June 27, 2013. 2. Plaintiffs claims arise out of an alleged motor vehicle accident that occurred on or about November 8, 2010.. 3. As part of her claim for damages in this matter, Plaintiff seeks damages for future loss of earnings and earning capacity. See Plaintiff's Complaint at ¶ 14(e). 4. Plaintiff has alleged that she was employed by the Army National Guard at the time of the alleged motor vehicle accident, and that she was returning home from National Guard 1 service at the time of the alleged accident. See Plaintiff's Brief in Opposition to Defendants' Preliminary Objections to Plaintiffs Complaint at 1. 5. Plaintiff has also asserted that she previously served as an active duty member of the United States Military. 6. Plaintiff has represented that the injuries she allegedly sustained in the motor vehicle accident forced her military career to an end. 7. Defendants have also learned that as part of Plaintiffs military service, Plaintiff received specialized education as a student at the Department of the Army — Defense Language Institute and Foreign Language Center (hereinafter "DLIFLC"). 8. In order to fully and adequately evaluate Plaintiffs claim for future lost earnings and earnings capacity, and to prepare a defense thereto, it is essential for Defendants to conduct discovery regarding Plaintiffs employment and education history as a member of the Army National Guard. 9. Additionally, in order to fully and adequately evaluate the veracity of Plaintiffs allegations of injuries sustained in the motor vehicle accident, it is necessary for Defendants to review Plaintiff's military medical records as well. 10. In an effort to obtain said military records, Defendants requested that the Prothonotary propound a Subpoena to Produce Documents or Things upon DLIFLC. A true and accurate copy of that Subpoena is attached hereto as Exhibit "A." 11. The Subpoena was thereafter served upon DLIFLC, and on March 18, 2014, Defendants received a letter from the Department of the Army — Office of the Staff Judge Advocate, indicating that Plaintiffs DLIFLC records would not be released in accordance with the Subpoena. A true and accurate copy of that letter is attached hereto as Exhibit "B." 2 12. Specifically, the letter explained that a clerk -issued subpoena is insufficient to compel the disclosure of a military record under the Federal Privacy Act of 1974, and that the request contained insufficient identifying information regarding Plaintiff, such as the last four digits of her Social Security Number. Id. 13. Pursuant to the Privacy Act of 1974, a military personnel record may be released pursuant to a signed authorization executed by the "individual to whom the record pertains." 5 U.S.C. § 552a(b). 14. On April 2, 2014, Defendants served Plaintiff's counsel with an Authorization and letter requesting that Plaintiff execute an Authorization for the release of her military personnel records. True and accurate copies of that letter and Authorization are attached hereto as Exhibits "C" and "D," respectively. 15. As of the date of this filing, Defendants have not received a response from Plaintiff regarding the Authorization, and the Authorization for the release of Plaintiffs military personnel records has not been executed. 16. Rule 4019 of the Pennsylvania Rules of Civil Procedure authorizes the trial court to issue an order compelling a party to comply with another party's discovery requests. Pa.R.Civ.P. 4019(c). 17. Here, Plaintiff's military personnel files are likely to contain information directly related to Plaintiffs future lost earnings and earning capacity, and Defendants will be prejudiced in this matter if they do not obtain copies of the same. 18. Further, Plaintiff's military personnel files will likelycontain medical records that will assist Defendants in better understanding Plaintiff's injuries and whether those injuries arose out of the motor vehicle accident. 3 19. Plaintiff has not made a good -faith showing as to why her military records should be withheld, and it is therefore appropriate for this Honorable Court to compel the release of said records. 20. On August 7, 2014, counsel for Defendants sent a letter to Plaintiff's counsel inquiring as to when Defendants could expect said discovery responses. A true and accurate copy of that letter is attached hereto as Exhibit "E." 21. Plaintiff's counsel did not respond to that letter. 22. On August 7, 2014, and August 12, 2014, counsel for Defendants attempted to reach Plaintiffs counsel by phone to discuss the overdue discovery responses and the status of the Authorization for the release of military records; counsel for Defendants was transferred directly to voicemail and Plaintiff's counsel did not return either call. 23. On August 13, 2014, counsel for Defendants sent another letter to Plaintiff's counsel following-up on his previous inquiries regarding the overdue discovery responses and Authorizations. A true and accurate copy of that letter is attached hereto as Exhibit "F." 24. Again, Plaintiff's counsel did not respond to that letter. 25. On August 29, 2014, counsel for Plaintiff and Defendants discussed Plaintiff's overdue discovery responses via telephone. 26. At that time, Plaintiffs counsel indicated that he may be amenable to consent orders with respect to the discovery motions Defendants intended to file with the Court. 27. On September 2, 2014, counsel for Defendants sent copies of the proposed discovery motions to Plaintiffs counsel for his client's consent; however, Plaintiffs counsel did not respond to that letter. A true and accurate copy of the letter enclosing those discovery motions for Plaintiffs counsel's review is attached hereto as Exhibit "G." 4 28. Under the Privacy Act of 1974, military personnel records may be released pursuant to a court order signed by a judge of a court of competent jurisdiction, which includes judges of the state trial courts. See 5 U.S.C. § 552a(b)(11); 5 C.F.R. § 297.402(a). 29. An Order directing the Department of Defense, Department of the Army, Atiny National Guard, and DLIFLC to disclose those military records originally requested in Defendants' Subpoena (Exhibit "A") will further the course of discovery in this case and will permit Defendants to obtain critical information necessary for Defendants to prepare an adequate defense to Plaintiffs claims for damages in this matter. WHEREFORE, Defendants respectfully request that this Honorable Court issue an Order compelling the Department of Defense, Department of the Army, Army National Guard, and DLIFLC to disclose all personnel and medical records pertaining to Plaintiff Heather E. Robinson (SSN: xxx-xx-5904) from 2000 through the present. Date: 741 7 5 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP B 5 ugh P. , Esquire Attorney . 9986 Matthew R. Clayberger, Esquire Attorney I.D. # 316102 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7100 Counsel for Defendants EXHIBIT A HEATHER E. ROBINSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DLIFLC, 1759 Lewis Road, Monterey, CA 93944 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete copy of all records pertaining to Heather E. Robinson (DOB: 05/06/1980), including but not limited to: grades/report cards, attendance records, counseling records, restrictions/limitations, disciplinary records, standardized test scores, medical records, notes, memoranda and correspondence from 2000 through the present. 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 (2o) 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 Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division 14,52836.1 Deputy 8 EXHIBIT B DEPARTMENT OF THE ARMY OFFICE OF THE STAFF JUDGE ADVOCATE DEFENSE LANGUAGE INSTITUTE AND FOREIGN LANGUAGE CENTER 1336 PLUMMER STREET, BUILDING 275 MONTEREY, CALIFORNIA 93944 RRPLY TO AlTENTION OF March 18, 2014 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Sir or Ma'am, This letter is in response to enclosed subpoena deuces tecum requesting copies of all records pertaining to Heather E. Robinson, in the matter of Heather E. Robinson vs. Joel Shenk and E.E. Shenk Son, Incorporated. We have identified what we believe to be academic records pertaining to Ms. Robinson. However, all personnel and employment records of the agency, of the type named and described in the subpoena, which are identifiable by the employee's name or ther personal identifier, are protected from disclosure under the Privacy Act of 1974, 5 U. S. C. § 552a. Therefore, without the express, written authorization of Ms. Robinson, or a specific exemption under the law, we cannot release the records. In addition, where the Federal government is not a party to litigation or administrative action, Privacy Act records will only be disclosed pursuant to an order signed by a judge of a court of competent jurisdiction. An attorney -issued or clerk -issued subpoena is insufficient to compel disclosure. See regulations at 5 C. F. R. Part 297, 32 C. F. R. Part 505, and Army Regulation 27-40, Chapter 7, Section 11. Ordinarily, the sovereign immunity of the United States precludes the exercise of jurisdiction over a Federal agency or officer by a State court. n addition, we ask that some type of personal identifiable information (PII) be provided to our office. This is so that we made confirm that the records we have identified, are, in fact, those pertaining to Ms. Robinson. The last four digits of her Social Security number should meet this request. Our sole concern in this matter is to protect the interests of the United States Army. The Army will not block access to documents to which you are lawfully entitled. If you have any questions, feel free to call me at 831-242-6414. Enclosure Karen Judkins Chief, Administrative Law Division 10 EXHIBIT C Thi THOMAS, THOMAS & HAFERLLP Attorneys At Law Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Deena B. Morrison, Paralegal (7.27) 237-7206 dmorrison@ahlaw.com April 2, 2014 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: In response to our recent subpoena for your client's educational records, DLIFLC responded with a request for a signed authorization from Ms. Robinson. Therefore, enclosed you will find an authorization which will allow our office to obtain documents from DLIFLC. Please present this authorization to your client for her consideration and signature. Thank you for your cooperation. Very truly yours, THOMAS, THOMAS & HAFER, LIP Deena B. Morrison, Paralegal to John Flounlacker, Esquire /dbm:1452054.8 Enclosure Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MD Clinton, NJ Www.tthlaw.cam 12 EXHIBIT D AUTHORIZATION FOR RELEASE OF EDUCATIONAL RECORDS. To: DEFENSE LANGUAGE INSTITUTE and FOREIGN LANGUAGE CENTER 1336 Plummer Street, Building 275 Monterey, CA 93944 1, Heather Robinson, hereby authorize Defense Language Institute and Foreign Language Center to furnish to Hugh P. O'Neill, Ill, Esquire of Thomas, Thomas & Hafer, LLP, P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999, or any representative thereof, copies of anv and all educational records from 2000 to present of Heather Robinson, DOB: 05/06/1980, SSN:1111111gal. The educational and academic records shall include, but shall not be limited to: the official administrative records, grades / test scores, attendance records, intelligence and aptitude test scores, personality and interest test scores, instructor and counselor observations and ratings, evaluation reports, restrictions / limitations, disciplinary records, medical records, notes, memoranda and correspondence. This Authorization is intended to serve as a written authorization permitting the Defense Language Institute and Foreign Language Center to disclose such information in accordance with the provisions of the Family Educational Rights and Privacy Act (20 U.S.C.§1232(g)), and the State Board of Education guidelines regarding the confidentiality of pupil records (22 Pa. Code § 12.33). A photostatic copy of this Authorization shall serve in its stead. Date: Heather Robinson Expiration: 4/30/2015 14797931 14 EXHIBIT rgji THOMAS, THOMAS & HAFERLLP Attorneys Ar Law August 7, 2014 Craig R. Milsten, Esquire Katherrnan Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17103 Phone: 717.737.7100 Far: 717.237.7105 Hugh P. O'Neill (717) 255-7629 honelll@tthlaw. com As you may be aware, 1 have assumed the day-to-day handling of this matter from John Flounlacker. In reviewing the file, it appears that we have not received Answers to our discovery served on March 19, 2014. Would you please advise as to when we can expect full and complete Answers to this discovery? Also, it is our understanding that your office was provided with an Authorization for release of educational records from York College. Would you kindly have your client sign and return the Authorization to York College? Our office also supplied an Authorization for DLIFLC for your client's military training and education records. Would you kindly have your client sign the Authorization and return it to us? Thank you for your kind attention to these matters. Please contact me with any questions or concerns. Very truly yours, THOMAS, T By: HPO/mak 1515026.2 gh P. O'Neill Harrisburg Belhtehern Pittsburgh Philadelphia Wilkes-Barre Baltimore, MO Clinton. NJ ' rnrw.1101mccom 16 EXHIBIT F trzll THOMAS, THOMAS & HAFERLLP Attorneys At Law August 13, 2014 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: Stroct Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O, Box 999, Harrisburg, PA 17108 Phone: 717,237,7100 Fax: 717,237.7105 Hugh P. O'Neill (717) 255-7629 honeill@ithlaw.com I am writing to follow-up with you on my letter dated August 7, 2014. As you will recall, in that letter I inquired as to when we could expect responses to the Interrogatories and Request for Production of Documents which we propounded upon your client on March 19, 2014. I also inquired as to when we could expect to receive signed Authorizations from your client authorizing the release of records from York College and DLIFLC. 1 have received no response to my previous letter, and my phone messages of 8/7 and 8/12 to your office have gone unretumed. As of the date of this letter, your client's responses to our Request for Production of Documents and Interrogatories are nearly four months overdue. Under Rule 208.3(aX7) of the Cumberland County Local Rules of Procedure, a party may file a discovery motion seeking a motion to compel or sanctions based upon another party's failure to comply with the rules of discovery. Although it is my desire to avoid the need for court intervention with respect your client's outstanding discovery responses, it is clear that the Local Rules provide me with a mechanism to compel your client's responses if you are unwilling to do so without an order of court. Please allow this letter to serve as formal notice that I intend to file a Motion to Compel your client's outstanding discovery responses if I do not receive your client's responses by September 2, 2014. Kindly produce your client's responses by September 2, 2014, and the need for judicial intervention will be avoided. Harrisburg Bethlehem Pillsbur0h Philadelphia Wilkes-Rarre Bsitlirwre, Mt) Clinton, 1t) www.tthrmarwm 18 THOMAS, THOMAS & HAFER, LLP August 13, 2014 Page 2 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Thank you for your kind attention to these matters. Please contact me with any questions or concerns. I look forward to receiving your client's discovery responses. HPO/mrc 1554995.1 19 Very truly yours, THOMAS, THOMAS By: Hugh O'Neill, III R, LLP EXHIBIT G Thni THOMAS, THOMAS & HAFERup Attorneys At Law September 2, 2014 Via Fax: 717-854-9172 Craig R. Milsten, Esquire Katherman Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Re: Robinson v. Shenk Cumberland County C.C.P Docket No. 2012-05845 Our File No. 411-31688 Dear Mr. Milsten: Sired Address: 305 North Front Sired, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Matthew R. Clayberger (717) 237-7150 mclayberzer@ttlilaw.com Attached for your review are copies of the proposed discovery motions which we discussed last week in our phone conversation. As you will see, we intend to file two separate motions related to discovery in this case. First, attached is a copy of a motion to compel the production of plaintiff's overdue discovery responses and compel plaintiff to authorize the release of her educational records from York College of Pennsylvania. In addition to that document, attached is a proposed copy of defendant's motion to compel the production of plaintiff's military personnel files. In accord with our previous discussions, I believe you have indicated that you are willing to consent to the orders that I have attached to both of these discovery motions. If that is the case, please let me know as soon as possible so that we may adjust the motions accordingly and file them as consent orders with the court. Since we intend to file these motions so that they may be disposed of on the next argument date, please respond to this letter and confirm whether you consent to the proposed orders no later than 5:00 p.m. on Wednesday, September 3, 2014. If you have any questions or concerns, please feel free to contact me at any time. I look forward to your response. Very truly yours, THOMAS, THOMAS & HAFER, LLP atthew . Clay ierger MRC/cmp1515026.2 Attachments Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MO Clinton, NJ nainv.ithlameom 21 roaci-42 CERTIFICATE OF SERVICE I, Matthew R. Clayberger, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing the same in the United States mail, postage prepaid: Date: 7/LI/ iq Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP 22 ger, Esquire THE PHOTHONO 201t1 SEP -9 PH 3: 39 CUMBERLAND COUNTY PENNSYLVANIA HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED ORDER 7f1( AND NOW, this 7 day ofilanini4e, 2014, upon consideration of Defendants' Motion to Compel the Production of Plaintiffs Overdue Discovery Responses, IT IS HEREBY ORDERED THAT said Motion is GRANTED. Plaintiff is hereby ordered to provide answers to Defendants' Interrogatories and Request for Production of Documents within thirty (30) days. Plaintiff is further ordered to execute and return the Authorization for the release of records to York College of Pennsylvania within thirty (30) days of the entry of this Order or face the imposition of sanctions. J. Distribution List: ,---"<tthew R. Clayberger, Esq., Thomas, Thomas & Hafer, LLP, POB 999, Harrisburg, PA 17108-0999 •-•#<;;ig R. Milsten, Esq., Katherman, Briggs & Greenberg, LLP, 7 E. Market Street, York, PA 17401 a.1,1..s plat LscL, oticipy HEATHER E. ROBINSON Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COLTNTY, PENNA. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 18TH day of SEPTEMBER, 2014, a Rule is issued upon Plaintiff to Show Cause why Defendant's Motion to Compel Production of Plaintiff's Military Personnel Files should not be granted. Rule returnable twenty (20) days after service. B he Court, Matthew R. Clayberger, Esquire Craig R. Milsten, Esquire :sld Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, Plaintiff vs. JOEL SHENK and E.E. SHENK SONS, INC., NO.: 2012-05845 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, counsel for Plaintiff, Katherman, Briggs & Greenberg, LLP, and Craig R. Milsten, Esquire, file their Petition to Withdraw as Counsel for Plaintiff, Heather E. Robinson, in the above -captioned matter. 1 Petitioner, Katherman, Briggs & Greenberg, LLP is counsel of record for the Plaintiff, Heather E. Robinson. 2. Respondent is Heather E. Robinson, Plaintiff in this action. 3 This matter involves personal injuries sustained by the Plaintiff, Heather E. Robinson, in an automobile accident which occurred on November 8, 2010 on the Pennsylvania Turnpike in Cumberland County, PA, just east of the Blue Mountain Tunnels. 4. On November 8, 2010, Respondent retained the undersigned law firm to represent her with respect to this accident and the resulting injuries. 5. At the time of retaining this law firm, Respondent resided with her parents at 836 Furnace Road, Airville, York County, Pennsylvania, 17032. 6. On or about January, 2013, Respondent advised this law firm that she had relocated to 5412 Richenbacher Avenue, Apt. 200, Alexandria, Virginia, 22304. 7. Beginning in early 2014, Petitioner was unsuccessful in making contact with Respondent. Numerous letters were mailed to Respondent at the above address requesting that she sign authorizations requested by defense counsel and that she contact us in order to review and prepare answers to discovery requests served by defense counsel. 8. On numerous occasions, Petitioner, or Petitioner's staff, sent e-mails and left voicemail messages for Respondent, however, no response to said messages was received. 9. By mid-June, 2014, a possible new address was obtained for Respondent of 921 N. Van Dorn Street, Apt. 101, Alexandria, Virginia, 22304-5961. Contact was attempted with Respondent at this address, however, said attempts were not successful. 10. After this Honorable Court entered an Order on September 9, 2014 compelling Plaintiff to respond to Defendant's discovery requests, a copy of the Court's Order was mailed to both addresses Petitioner had for Respondent, as well as mailing a copy to her former residence with her parents in Airville, Pennsylvania. 11. Petitioner has received no response whatsoever from Respondent as of the date of filing this Petition. 12. The undersigned has exhausted all known means to initiate contact or a response in any fashion from the Respondent. 13. The undersigned, therefore, is unable to communicate with his client regarding the progression of her case. 2 14. Counsel for the Plaintiff, thus, feels that he has no alternative but to withdraw as counsel in this matter, as he is unable to prosecute the case without the cooperation or involvement of his client. 15. Petitioner is providing notice of this Petition by mailing a copy hereof to the last known address(es) of Respondent. 16. On October 1, 2014, counsel for Defendants agreed, via e-mail transmission, to the submission of the within Petition. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order granting Petitioner leave of court to withdraw as counsel of record for Respondent in the above - captioned matter (Docket No. 2012-05845). /0 hq Date R. Milsten, Esquire 10 North George Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff Attorney ID No. PA 77065 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP 3 CERTIFICATE OF SERVICE On this day, the attached Petition for Leave to Withdraw as Counsel for Plaintiff, was sent by first-class pre -paid mail, as indicated below, to the following: Hugh P. O'Neill, III, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Heather E. Robinson, Respondent 921 N. Van Dorn Street, Apt. 101 Alexandria, VA 22304-5961 Heather E. Robinson, Respondent c/o Margery & Russell Robinson 836 Furnace Road Airville, PA 17302 Heather E. Robinson, Respondent 5412 Richenbacher Avenue, Apt. 200 Alexandria, VA 22304 I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. KATHERMAN, BRIGGS & GREENBERG, LLP Date: h By: g R. Milsten, Esquire East Market Street York, PA 17401 717-838-3838 Tele 717-854-9172 Fax T Hugh P. O'Neill, III, Esquire Attorney ID No. 69986 Matthew R. Clayberger Attorney ID No. 316102 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendants HLE.k-UF F^ lC`.. THE PROT ONOT.AF Z61' OCT 10 PM 2: 20 CUMBERLAND COUNTY HEATHER E. ROBINSON Plaintiff v. JOEL SHENK and E.E. SHENK SONS, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION — LAW No. 2012-05845 JURY TRIAL DEMANDED DEFENDANTS' RESPONSE TO THE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Response to the Petition for Leave to Withdraw as Counsel for Plaintiff and state as follows: 1. Plaintiff initiated this action on June 27, 2013, for injuries allegedly sustained in a motor vehicle accident that occurred on November 8, 2010. 2. Throughout the course of this litigation, Plaintiff has been represented by Attorney Craig R. Milsten, Esquire, of the law firm of Katherman, Briggs & Greenberg, LLP. 3. On October 8, 2014, counsel for Plaintiff filed a Petition for Leave to Withdraw as Counsel for Plaintiff. 4. In that Petition, counsel for Plaintiff avers that Plaintiff moved to Virginia in January 2013. 5. Beginning in early 2014, counsel for Plaintiff avers that he has been unable to communicate with Plaintiff despite his best efforts. 6. Plaintiff s counsel has previously represented to counsel for Defendants that he has been unable to reach his client. 7. Given Plaintiff's counsel's fforts to communicate with his client, and Plaintiff's failure to remain in contact with her attorneys, Defendants do not oppose the Petition for Leave to Withdraw as Counsel for Plaintiff. 8. However, since Plaintiff has failed to contact her attorney or return her attorney's attempts at communication, Defendants would respectfully suggest that any Order regarding the instant Petition provide Plaintiff with thirty (30) days to obtain new counsel in this case. 9. The progress of this litigation has been delayed by Plaintiff's failure to advance the prosecution of her own claims, and she should not be afforded an extended period of time to obtain new counsel since she is the party responsible for Attorney Milsten's need to withdraw in the first place. 10. On September 9, 2014, this Honorable Court issued an Order granting Defendants' Motion to Compel and ordered Plaintiff to provide answers to Defendants' Interrogatories and Request for Production of Documents within thirty (30) days of the entry of the Order. 11. On September 18, 2014, this Honorable Court issued a Rule upon Plaintiff to show cause why Defendants' Motion to Compel Production of Plaintiff's Military Personnel Files should not be granted. Of course, for the reasons described, that Rule is now past due. 12. As Plaintiff's counsel has explained, he has been unable to communicate with his client with respect to these outstanding discovery matters. 2 13. To the extent Plaintiff's counsel is granted leave to withdraw and Plaintiff is afforded time to obtain new representation, Plaintiff herself remains obligated to comply with this Honorable Court's prior Orders regarding outstanding discovery. 14. Attorney Milsten should be directed to serve upon Plaintiff copies of any and all Orders regarding the instant Petition. WHEREFORE, Defendants respectfully request that this Honorable Court grant the Petition for Leave to Withdraw as Counsel for Plaintiff and issue an Order granting Plaintiff no more than thirty (30) days to obtain new counsel in this case. Date: j0>�/�L' Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 3 Hugh . O'Neill, III, Esquire Attorn- • i • •":6 Matthew R. Clayberger Attorney I.D. # 316102 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7100 Counsel for Defendants CERTIFICATE OF SERVICE I, Matthew R. Clayberger, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing the same in the United States mail, postage prepaid: Date: Craig R. Masten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP B : 4 rger, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, NO.: 2012-05845 C7 ru Plaintiff r r W c,,- 2 —i ,.. ni ci)r- no - -<1> � �c1 r-744 r - <C =-rl D .. r=3;i, s vs. JOEL SHENK and E.E. SHENK SONS, INC., AND NOW, this CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE -c{ w .a 264* day offrLGk` G. , 2014, upon consideration of Petitioner's request for Leave to Withdraw as Counsel for Plaintiff in the above matter, a RULE IS HEREBY ISSUED upon all parties to show cause why the request should not be granted. Rule returnable within ad days after service. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, Plaintiff vs. JOEL SHENK and E.E. SHENK SONS, INC., NO.: 2012-05845 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE GRANTING PETITIONER LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF Counsel for Plaintiff, Katherman, Briggs & Greenberg, LLP, and Craig R. Milsten, Esquire, files this Motion to Make Rule Absolute granting permission to withdraw as counsel for Plaintiff in the above -captioned matter. 1. On October 8, 2014, Petitioner filed a Petition for Leave to Withdraw as Counsel for Plaintiff in the above matter. 2. On October 10, 2014, Defendants' attorney, Hugh P. O'Neill, II, filed a Response to the Petition for Leave to Withdraw as Counsel for Plaintiff. Said Response requested that said Petition be granted allowing Plaintiff no more than thirty (30) days to obtain new counsel. 3. An Order was issued upon all parties by the Honorable Edward E. Guido dated October 20, 2014 (and filed with the Prothonotary on October 27, 2014) containing a Rule to Show Cause why the relief requested should not be granted. ' See Order attached as Exhibit A. 4. On November 21, 2014, service was perfected as set forth in Petitioner's Affidavit of Service which was filed with the Court on December 11, 2014. A copy of the Affidavit of Service is attached as Exhibit B. 5. More than 20 days has expired since the service of the Rule to Show Cause on Plaintiff and counsel for Defendant, and no objections have been filed by any party to this action. 6. The proposed Order granting Petitioner's request to Withdraw as Counsel for Plaintiff is attached hereto as Exhibit C. WHEREFORE, your Petitioner hereby requests that the Rule to Show Cause be made absolute and that Petitioner's request for leave to withdraw as counsel for Plaintiff be granted and the applicable Order be signed by this Honorable Court. /-/2-111 Date Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP By: 2 . Milsten, Esquire North George Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney ID No. PA 77065 EXHIBIT A A • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • • HEATHER E. ROBINSON, NO.: 2012-05845 Plaintiff c -Q3 x- --i vs. CIVIL ACTION - LAW z Po - I-- 01 (AD N JOEL SHENK and E.E. SHENK r -x ~' �o SONS, INC., z = cca c7 Defendants JURY TRIAL DEMANDED v yr . . -< w ., RULE TO SHOW CAUSE AND NOW, this OD day of��:�L1O ed , 2014, upon consideration of Petitioner's request for Leave to Withdraw as Counsel for Plaintiff in the above matter, a RULE IS HEREBY ISSUED upon all parties to show cause why the request should not be granted. Rule returnable within 620 days after service. BY THE COURT:_ Cz) l4 C. i'2.i Ls 114 4. o /Veil L N . �btNsa� /o/vvri/Y =_Jei) J. EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, Plaintiff vs. JOEL SHENK and E.E. SHENK SONS, INC. Defendants NO.: 2012-05845 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Craig R. Milsten, do hereby swear and affirm that service of the Rule to Show Cause in the above matter filed on October 27, 2014, was effected on all parties, via United States first class pre -paid mail, on November 21, 2014, as set forth below: Hugh P. O'NeilI, III, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Heather E. Robinson, Respondent c/o Margery & Russell Robinson 836 Furnace Road Airville, PA 17302 Heather E. Robinson, Respondent 921 N. Van Dorn Street, Apt. 101 Alexandria, VA 22304-5961 Heather E. Robinson, Respondent 5412 Richenbacher Avenue, Apt. 200 Alexandria, VA 22304 Respectfully submitted, By: Sworn and subscribed to before me this 1,2-44"k day of Itt , 2014 101.642,4A a a66r40/ Notary Public g R. Milsten, Esquire Supreme Corut I.D. # PA77065 110 North George Street York, PA 17401 717-848-3838 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A. ATTAR(); Notary Public - City of York, York County `My Commission Expires October 29, 2017 CERTIFICATE OF SERVICE On this day, the attached Motion to Make Rule Absolute, was sent by first-class pre- paid mail, as indicated below, to the following: Hugh P. O'Neill, III, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Heather E. Robinson, Respondent 921 N. Van Dorn Street, Apt. 101 Alexandria, VA 22304-5961 Heather E. Robinson, Respondent c/o Margery & Russell Robinson 836 Furnace Road Airville, PA 17302 Heather E. Robinson, Respondent 5412 Richenbacher Avenue, Apt. 200 Alexandria, VA 22304 I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: la. --i JiLl KATHERMAN, BRIGGS & GREENBERG, LLP By: Deborah A. Attard, Paralegal 110 North George Street York, PA 17401-1162 717-838-3838 Tele 717-854-9172 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, Plaintiff vs. JOEL SHENK and E.E. SHENK SONS, INC. Defendants NO.: 2012-05845 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Craig R. Milsten, do hereby swear and affirm that service of the Rule to Show Cause in the above matter filed on October 27, 2014, was effected on all parties, via United States first class pre -paid mail, on November 21, 2014, as set forth below: Hugh P. O'Neill, III, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Heather E. Robinson, Respondent c/o Margery & Russell Robinson 836 Furnace Road Airville, PA 17302 Heather E. Robinson, Respondent 921 N. Van Dorn Street, Apt. 101 Alexandria, VA 22304-5961 Heather E. Robinson, Respondent 5412 Richenbacher Avenue, Apt. 200 Alexandria, VA 22304 Respectfully submitted, By: Sworn and subscribed to before me this 4AA day of 1-CeseArl, , 2014 laandia.athrAi Notary Public COMMO `g R. Milsten, Esquire Supreme Corut LD. # PA77065 110 North George Street York, PA 17401 717-848-3838 OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A. ATTARD, Notary Public City of York, York County My Commission Expires October 29, 2017 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, NO.: 2012-05845 Plaintiff v. CIVIL ACTION - LAW JOEL SHENK and E.E. SHENK SONS, INC., Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of.bze R,ted ' b , 2014, Petitioner's request to withdraw as Counsel for Plaintiff is hereby granted. EDWARD E. GUIDO, J. CO? C.s /61 LI tg,1 PZ L 1` 3 ©A.)E4LL rrt Ur) •�J C`3 Chi"' W (7, �....co 3 Hugh P. O'Neill, III, Esquire Attorney ID No. 69986 Matthew R. Clayberger, Esquire Attorney ID No. 316102 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendants HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Motion to Make Rule Absolute and state as follows: 1. Plaintiff initiated this action by Complaint on June 27, 2013. 2. Plaintiff's claims arise out of an alleged motor vehicle accident that occurred on or about November 8, 2010. 3. On September 5, 2014, Defendants filed a Motion to Compel the Production of Plaintiffs Military Personnel Files. A true and accurate copy of that Motion is attached hereto as Exhibit A. 4. On September 18, 2014, this Honorable Court issued a Rule upon Plaintiff to Show Cause why the Motion to Compel the Production of Plaintiff's Military Personnel Files 1 should not be granted. The Rule was returnable within twenty (20) days after service. A true and accurate copy of that Rule is attached hereto as Exhibit B. 5. The Cumberland County Prothonotary's Office mailed copies of the Rule to counsel for Plaintiff and Defendants on September 19, 2014.1 Id. 6. Service having been effectuated upon Plaintiff on September 19, 2014, Plaintiff was required to respond to the Rule no later than October 8, 2014. 7. More than 20 days have now elapsed since the Rule was served upon Plaintiff, and the time for responding to the Rule has expired. 8. Plaintiff has failed to provide a response or objection to the Rule explaining why Defendants are not entitled to the relief requested in their Motion to Compel the Production of Plaintiff's Military Personnel Files. 9. Accordingly, Defendants hereby request that this Honorable Court issue an Order making the Rule Absolute and granting Defendants' Motion to Compel the Production of Plaintiff's Military Personnel Files. Counsel for Plaintiff has since been granted leave to withdraw as counsel in this matter. 2 WHEREFORE, Defendants Joel Shenk and E.E. Shenk Sons, Inc. respectfully request that this Honorable Court issue an Order making the Rule Absolute and granting Defendants' Motion to Compel the Production of Plaintiff's Military Personnel Files. Date: 1 /z7i S Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 3 ugh P. O'Neill, III, ' squire Attorney I.I. - :6 Matthew R. Clayberger, Esquire Attorney I.D. # 316102 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7100 Counsel for Defendants Hugh P. O'Neill, 111, Esquire Attorney 1D No. 69986 Matthew R. Clayberger, Esquire Attorney ID No. 316102 THOMAS, THOMAS & HAFER, LI, 305 NORTH PRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7100 Attorneys for Defendants F1LED-DFFICE 0 THE PRO1H0N3TARY 2014 SEP -5 Hi 1: 314 CUMBERLAND COUNTY PENNSYLVANIA HEATHER E. ROBINSON Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION — LAW JOEL SHENK and E.E. SHENK : No. 2012-05845 SONS, INC. Defendants JURY TRIAL DEMANDED MOTION TO COMPEL THE PRODUCTION OF PLAINTIFF'S • MILITARY PERSONNEL FILES AND NOW, Defendants Joel Shenk and E.E. Shenk Sons, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, file their Motion to Compel the Production of Plaintiff's Military Personnel Files pursuant to Local Rule 208.3(a)(7) and state as follows: '1. Plaintiff initiated this action by Complaint on June 27, 2013. 2. Plaintiffs claims arise out of an alleged motor vehicle accident that occurred on or about November 8, 2010, 3. As part of her claim for darna es in this matter, Plaintiffseelcs damages for future loss ofeatnings and earning capacity. See Plaintiff's Complaint at ¶ 14(e). 4. Plaintiff has alleged that she was employed by the Army National Guard at the time of the alleged motor vehicle accident, and that she was returning home from National Guard service at the time of the alleged accident. See Plaintiffs J3rief in Opposition to Defendants' Preliminary Objections to Plaintiff's Complaint at 1: 5. Plaintiff has also asserted that she previously served as an active duty member of the United States Military. 6. Plaintiff has represented that the injuries she allegedly sustained in the motor vehicle accident forced her military career to an end. 7. Defendants have also learned that as part of Plaintiff's military service, Plaintiff received specialized education as a student at the Department of the Army — Defense Language Institute and Foreign Language Center (hereinafter "DLIFLC"). 8. In order to fully and adequately evaluate Plaintiff s claim for future lost earnings and earnings capacity, and to prepare a defense thereto, it is essential for Defendants to conduct discovery regarding Plaintiff's employment and education history as a member of the Army National Guard. 9. Additionally, in order to .fully and adequately evaluate the veracity of Plaintiffs allegations of injuries sustained in the motor vehicle accident, it is necessary for Defendants to review Plaintiffs military medical records as well. 10. In an effort to obtain said military records, Defendants requested that the Prothonotary propound a Subpoena to Produce Documents or Things upon DLIFLC. A true and accurate copy of that Subpoena is attached hereto as Exhibit "A." 11. The Subpoena was thereafter served upon DLIFLC, and on March 18, 2014, Defendants received a letter from the Department of the Army — Office of the Staff judge Advocate, indicating that Piaintiff's DLJFLC records would not be released in accordance with the Subpoena. A true and accurate copy of that letter is attached hereto as Exhibit "B." 2 12. Specifically, the letter explained that a clerk -issued subpoena is insufficient to compel the disclosure of a military record under the Federal Privacy Act of 1974, and that the request contained insufficient identifying information regarding Plaintiff, such as the last four digits of her Social Security Number. IA. 13. Pursuant to the Privacy Act of i974, a military personnel record may be released pursuant to a signed authorization exec ted by the "individual to whom the record pertains." 5 U.S.C. § 552a(b). 14. On April 2, 2014, Defendants served Plaintiffs counsel with an Authorization and letter requesting that Plaintiff execute an Authorization for the release of her military personnel records. True and accurate copies of that letter and Authorization are attached hereto as Exhibits "C" and "D," respectively. 15. As of the date of this filing, Defendants have not received a response from Plaintiff regarding the Authorization, and the Authorization for the release of Plaintiffs military personnel records has not been executed. 16. Rule 4019 of the Pennsylvania Rules of Civil Procedure authorizers the trial court to issue an order compelling a party to cornply with another party's discovery requests. Pa.R.Civ.P. 4019(c). 17. Here, Plaintiff's military personnel files are likely to contain information directly related to Plaintiffs future lost earnings and earning capacity, and Defendants will be prejudiced in this matter if they do not obtain copies of the same. 18. Further, Plaintiff's military personnel files will likely. contain medical records that will assist Defendants in better understanding Plaintiff's injuries and whether those injuries arose out of the motor vehicle accident. 19. Plaintiff has not made a good -faith showing as to why her military records should be withheld, and it is therefore appropriate for this Honorable Court to compel the release of said records. 20. On August 7, 2014, counsel for Defendants sent a letter to Plaintiff's counsel inquiring as to when Defendants could expect said discovery responses. A true and accurate copy of that letter is attached hereto as Exhibit "E." 21. Plaintiff's counsel did not respond to that letter. 22. On August 7, 2014, and August 12, 2014, counsel for Defendants attempted to reach Plaintiffs counsel by phone to discuss the overdue discovery responses and the status of the Authorization for the release of military records; counsel for Defendants was transferred directly to voicemail and Plaintiff's counsel did not return either call. 23. On August 13, 2014, counsel for Defendants sent another letter to Plaintiffs counsel following-up on his previous inquiries regarding the overdue discovery responses and Authorizations. A true and accurate copy of that letter is attache(' hereto as Exhibit "F." 24. Again, Plaintiffs counsel did not respond to that letter. 25. On August 29, 2014, counsel for Plaintiff and Defendants discussed Plaintiff's overdue discovery responses via telephone. 26. At that time, Plaintiff's counsel indicated that he may be amenable to consent orders with respect to the discovery motions Defendants intended to file with the Court. 27, On September 2, 2014, counsel for Defendants sent copies of the proposed discovery motions to Plaintiff's counsel for his client'sconsent; however, Plaintiff's counsel did not respond to that letter. A true and accurate copy of the letter enclosing those discovery motions for Plaintiff s counsel's review is attached hereto as Exhibit "G." 4 28. Under the Privacy Act of 1974, military personnel records may be released pursuant to a court order signed by a judge of a court of competent jurisdiction, which includes judges of the state trial courts. See 5 U.S:C, § 552a(b)(11); 5 C.F.R. § 297.402(a). 29. An Order directing the Department of Defense, Department of the Army, Army National Guard, and DLIFLC to disclose those military records originally requested in Defendants' Subpoena (Exhibit "A") will further the course of discovery in this case and will permit Defendants to obtain, critical informationnecessary for Defendants to prepare adequate defense to Plaintiff's claims for damages in this matter. WHEREFORE, Defendants respectfully request that this Honorable Court issue an Order compelling the Department of Defense, Department of the Army, Army National Guard, and DLIFLC to disclose all personnel and medical records pertaining to Plaintiff Heather E. Robinson (SSN: xxx-xx-5904) from 2000 through the present. Date: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ugh P. JI, Esquirc Attorney 9986 Matthew R. Clayberger, Esquire Attorney 1.D. #316102 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7100 Counsel for Defendants EXHIBIT B e HEATHER E. ROBINSON Plaintiff v. JOEL SHENK and E.E. SHENK, SONS, INC. . Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. • CIVIL ACTION -- LAW No, 2Q2-05845 JURY 'TRIAL DEMANDED . ORDER OF COURT - AND NOW, this le day of SEPTEMBER, 2014, a Rule is issued upon Plaintiff to Show Cause why Defendant's Motion to Compel Production of Plaintiff's Military Personnel Files should not be granted. Rule returnable twenty (20) days after service. hew R. Clayberger, Esquire ° Craig R. Milsten, Esquire :Sld Edward E. Guido, J. OS. CERTIFICATE.OF SERVICE I, Matthew R. Clayberger, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing the same in the United States mail, postage prepaid: Date: I /2 /� Heather E. Robinson 5412 Richenbacher Avenue, Apt. 200 Alexandria, VA 22304 Heather E. Robinson 921 N. Van Dorn Street, Apt. 101 Alexandria, VA 22304-5961 Heather E. Robinson c/o Margery & Russell Robinson 836 Furnace Road Airville, PA 17302 THOMAS, THOMAS & HAFER, LLP erger, Esquire 1 HEATHER E. ROBINSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION—LAW JOEL SHENK and E.E. SHENK No. 2012-05845 SONS, INC. : Defendants JURY TRIAL DEMANDED ORDER AND NOW, this7-Jgday ofUA,#( , 2015, upon consideration of Defendants' Motion to Make Rule Absolute, IT IS HEREBY ORDERED THAT said Motion is GRANTED. The Rule to Show Cause issued upon Plaintiff on September 18, 2014 is hereby made ABSOLUTE. Defendants' Motion to Compel the Production of Plaintiff's Military Personnel Files is hereby GRANTED. IT SO ED, i I _ Edward E. Guido, J. J7 . Distribution List: = .--Heather E. Robinson, 5412 Richenbacher Avenue, Apt. 200, Alexandria, VA 22304 s Heather E. Robinson, 921 N. Van Dorn Street, Apt. 101, Alexandria, VA 22304-5961 Heather E. Robinson, c/o Margery & Russell Robinson, 836 Furnace Road, Airville, PA 17302 -� Matthew R. Clayberger, Esq., Thomas, Thomas & Hafer, LLP, POB 999, Harrisburg, PA 17108 C'�p�fs ivy l ��' Il71IS. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, Plaintiff vs. JOEL SHENK and E.E. SHENK SONS, INC. Defendants NO.: 2012-05845 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Craig R. Milsten, do hereby swear and affirm that service of the Order of Court granting Petitioner's request to withdraw as counsel for Plaintiff dated December 22, 2014 and filed with the Prothonotary on December 23, 2014, was effected on all parties, via United States first class pre -paid mail, on January 5, 2015, as set forth below: Hugh P. O'Neill, III, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Heather E. Robinson, Respondent c/o Margery & Russell Robinson 836 Furnace Road Airville, PA 17302 Heather E. Robinson, Respondent 921 N. Van Dorn Street, Apt. 101 Alexandria, VA 22304-5961 Heather E. Robinson, Respondent 5412 Richenbacher Avenue, Apt. 200 Alexandria, VA 22304 Respectfully submitted, Sworn and subscribed to before me this 5 day of 3-41 (X217 , 2015 Aii-ault Notary Public COMMONWEALTH OF PENNSYLVANIA aig R. Milsten, Esquire Supreme Corut I.D. # PA77065 110 North George Street York, PA 17401 717-848-3838 NOTARIAL SEAL DEBORAH A. ATTARD, Notary Public City of York, York County lAy Commission Expires October 29, 201`7 i •DEC 242014 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER E. ROBINSON, NO.: 2012-05845 Plaintiff v. CIVIL ACTION - LAW JOEL SHENK and E.E. SHENK ' SONS, INC., Defendants JURY TRIAL DEMANDED ORDER OF COURT .4r^ AND NOW, this Ror day of. e2.1Y) Tl �► , to withdraw as Counsel for Plaintiff is hereby granted. 2014, Petitioner's request EDWARD E. GUIDO, J.