Loading...
HomeMy WebLinkAbout13-4436 Suprerne I;brPAot ",0tcny Uge ally: r. DbdcetNo: Zhe ir�a=^e�zrtion mllc�tc�l on this far»z is sisal sdely far cr�za2 acl�ra�ist`rxtian p�u�sc�s. Thrs form d� n� st #o?rrd c r r the filing caxl so-, ofpdea s ar ather ^s as Fmflai d by lawar rules of cnwt of Action: S 0 IT ari Transfer firnnArr�d �Ju isdictirn � [3 P�titirn ® DteclarationofTaking E C L end PlaintiTsNum: LeadLafcndaWsr - .. T Fd�can'ie CLarrsky Jerifer A Sh I ingford I Are money damages reque Yes 0 No Dollar Anrx nit Requested: O within arbitration limits O s-t�I � (dirk one) outside arbitration limits N Is this a MssAcd m &df? 0 Yes El No Is this anA ",4qY P. Yes E No A. - 1 , r ofpL4r liff,4ppellanYs Atta r,-3r lhcmas K Blbsm Esgjre 0 Qieck lwry if you have no attorney (arse a. Self- Reptvsenterl In-o Sej fitipunt) Nature of the Case Place an `W' to the left of the C PW- case category that rrnst accurately desmbes ycLT PRIMF]RYCASE If you are malting n= than one type of claim clxrJc the one that you oorzsider rrnst irrportant. TCUT (do not include tLhss Tat) C3C VIR,4LCT (do not indude.krgiarrs) CIVIL AFPDAI S ® Intentional Buyer Plaartiff Adrri istradive Agencies Malicious Prosec u im Debt Collection Cbeclit Card 0 Board of Assessrrnrrt ®x MDtor Vel Debt Collection Cdher Board of Elections Nisance Dept. ofTrwWortaticn S Premises Liability Staturt Appeal: otlrr Q Product Liability (does not indude E t�-t) � ��� Dispute: Slauder/I.ibeU Detarratiar Disairrirratiai C 0 otra:$� : other p �>in aura El offxx- I other 0 N14SS TCFU 0 Asbestos N 0 Tobacco Toxic Tort - DES 0 Toxic Tat - Inplant REAL Y Toxic Vote Carman La-.VStabAcry Arbitration B other: Fnina t Dtarann/Cbr demiatim Declaratory Judgreart Can xmdRent Mandarins Landllo rYTenarrt Disperte IVar -Do rustic Relations Nfxtpge Fbreclosrme: Residaitial Restraining Order pRIDj+ +S[ CNAL, 17AEZ 7'iV 0 Foredo%= C brinmrcial Quo Vera Donal Partition Replevin 0 Legal 0 Qruet Title 0 Cd 0 Medical 0 0axr. 0 Cdha Professional: L�aTateid I/I201I OF THE PkOTHONO iARY 213 JUL 26 PM 1: 59 v CUMBERLAND COUNTY �� PENNSYLVANIA Ll Law Office of Thomas K. Ellixson By: Thomas K. Ellixson, Esquire (ID No. 037128) Attorneys for Plaintiffs 42 E. 2 " Street Roxanne Damsky and Media, PA 19063 William D. Damsky, H/W 610 - 405 -6137 ROXANNE DAMSKY and COURT OF COMMON PLEAS WILLIAM D. DAMSKY, H/W CUMBERLAND COUNTY, PA PLAINTIFFS V. CIVIL ACTION -LAW JENIFER A. SHILLINGFORD and NO. JOHN P. TIBURZI DEFENDANTS NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court, without further notice, for any money claimed in the Complaint, or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 OR 717- 249 -3166 Law Office of Thomas K. Ellixson By: Thomas K. Ellixson, Esquire (ID No. 037128) Attorneys for Plaintiffs 42 E. 2 nd Street Roxanne Damsky and Media, PA 19063 William D. Damsky, H/W 610- 405 -6137 ROXANNE DAMSKY and COURT OF COMMON PLEAS WILLIAM D. DAMSKY, H/W CUMBERLAND COUNTY, PA PLAINTIFFS V. CIVIL ACTION -LAW JENIFER A. SHILLINGFORD and NO. JOHN P. TIBURZI DEFENDANTS COMPLAINT Plaintiffs, Roxanne Damsky and William D. Damsky, H/W, by and through their counsel, and for their Complaint against Defendants, Jenifer A. Shillingford and John P. Tiburzi, state as follows: 1. At all times hereinafter mentioned, Plaintiff, Roxanne Damsky, an adult individual, was and still is a resident of Cumberland County, Pennsylvania, residing at 2339 Gleim Drive, Enola, Pennsylvania 17025. 2. At all times hereinafter mentioned, Plaintiff, William D. Damsky, an adult individual, was and still is a resident of Cumberland County, Pennsylvania, residing at 2339 Gleim Drive, Enola, Pennsylvania 17025. 3. At all times hereinafter mentioned, Defendant, Jenifer A. Shillingford, an adult individual, was and still is a resident of Cumberland County, Pennsylvania, residing at 5005 Seneca Drive, Mechanicsburg, Pennsylvania 17050. 4. At all times hereinafter mentioned, Defendant, John P. Tiburzi, an adult individual, was and still is a resident of Cumberland County, Pennsylvania, residing at 5005 Seneca Drive, Mechanicsburg, Pennsylvania 17050. 5. On or about July 31, 2011, Plaintiff, William D. Damsky, and Defendant, Jenifer A. Shillingford, were both operating motor vehicles in on South Sporting Hill Road in Mechanicsburg, PA. 6. At all times material hereto, Defendant Shillingford operated the motor vehicle owned by her and Defendant, John P. Tiburzi as his agent, servant, workman and/or employee who was then and there acting within the course and scope of his employment with and in furtherance of the business of Defendant, John P. Tiburzi and on his behalf. 7. At or about 3:08 p.m. on July 31, 2011, the vehicle operated by Plaintiff, William D. Damsky, and in which Plaintiff, Roxanne Damsky was a front seat passenger, was lawfully stopped when suddenly and without warning the vehicle operated by Defendant, Shillingford, violently slammed into the rear of the stopped and stationary vehicle operated by Plaintiff, William D. Damsky, at a high rate of speed. COUNT I — NEGLIGENCE 8. Plaintiffs hereby incorporate all prior paragraphs of this Complaint as if fully set forth at length herein. 9. Defendants owed a duty to act reasonably to ensure the safety of other drivers. 10. Defendants breached their duty to act reasonably to ensure the safety of other drivers. 11. Defendants' breach was the proximate cause of damages sustained by Plaintiffs. 12. The aforementioned motor vehicle accident was caused by the negligence and carelessness of Defendants, which consisted of the following: (a) Inattentive driving; (b) Failure to observe the position, direction of travel and speed of another automobile or vehicle; (c) Failing to avoid a collision with the rear of a stopped vehicle or a vehicle traveling at a speed slower than Defendants' vehicle; (d) Operating the motor vehicle at an excessive rate of speed under the conditions; (e) Violating the Rules of the Road of the Pennsylvania Motor Vehicle Code regarding the safe operation of motor vehicles; (f) Taking her eyes off the roadway and surrounding traffic to look down into the interior of her vehicle; (g) Failing to maintain a safe distance between his vehicle and vehicle(s) in front of his vehicle; (h) Failing to reduce speed when approaching Plaintiff's vehicle; (i) Failing to reduce speed when approaching lawfully stopped traffic; and (j) Otherwise failing to exercise the due care required by the circumstances. 13. As a direct result of the negligence and carelessness of Defendants, Plaintiff, Roxanne Damsky, sustained serious bodily injuries including, but not limited to: Protruding disc at C2 -3; Bulging discs at C3 -4, C4 -5, C5 -6, and C6 -7; Cervical strain and sprain with myofascitis and subluxation and radiculitis; Thoracic strain and sprain with myofascitis and subluxation; Bulging discs at T12 -L1, L2 -3, L3 -4; bulging disc at L1 -2 with protrusion; Lumbar strain and sprain with myofascitis and subluxation; Cephalgia; Aggravation of Occipital neuralgia; Trigeminal neuralgia; and Facial neuralgia, all due to the motor vehicle accident of July 31, 2411, some or all of which injuries may be permanent in nature. 14. The aforementioned bodily injuries have caused and are continuing to cause pain, discomfort, mental distress, inconvenience, embarrassment, humiliation, and loss of the enjoyment of life all to the great detriment of Plaintiff, Roxanne Damsky. 15. As a direct result of the aforementioned bodily injuries, Plaintiff, Roxanne Damsky, incurred medical expenses which exceeded their first party medical benefits. 16. As a direct result of the aforementioned bodily injuries, Plaintiff, Roxanne Damsky, has experienced and continues to experience pain, discomfort, mental anguish, embarrassment, humiliation and loss of the enjoyment of.life, all to her great detriment and loss. WHEREFORE, Plaintiffs, Roxanne Damsky and William D. Damsky, respectfully seek judgment in their favor and against Defendant in an amount exceeding $50,000.00, including, but not limited to, economic damages, non - economic damages, damages for loss of earning capacity, interest, Court costs, attorneys' fees, and any other legal and/or equitable relief deemed appropriate by the Court. COUNT II — LOSS OF CONSORTIUM 17. Plaintiffs incorporate by reference the averments contained in Paragraphs 1 -17, inclusive, of this pleading as though fully set forth herein at length. 18. As a result of the injuries and damages sustained by Plaintiff, Roxanne Damsky, as a result of the negligence of Defendants, Plaintiff, William D. Damsky has been deprived of the society, consortium, comfort and companionship of his wife, Plaintiff, Roxanne Damsky, to his great damage and loss. WHEREFORE, Plaintiffs, Roxanne Damsky and William Damsky, respectfully seek judgment in their favor and against Defendants in an amount exceeding $50,000.00, including, but not limited to, economic damages, non - economic damages, damages for loss of earning capacity, interest, Court costs, attorneys' fees, and any other legal and/or equitable relief deemed appropriate by the Court. Respectfully submitted, By: Thomas K. Ell on, Esquire Attorney for Plaintiffs, Roxanne Damsky and William D. Damsky Date: July 26, 2013 VERIFICATION I, Roxanne Damsky, Plaintiff herein, hereby declare that I have read the foregoing Complaint and the factual allegations therein, that the facts alleged are true and correct, and that this statement is made subject to the penalties for Unsworn Falsification to Authorities under 18 Pa. C.S.A. Section 4904. Roxanne Dams y VERIFICATION I, William D. Damsky, Plaintiff herein, hereby declare that I have read the foregoing Complaint and the factual allegations therein, that the facts alleged are true and correct, and that this statement is made subject to the penalties for Unsworn Falsification to Authorities under 18 Pa. C.S.A. Section 4904. William D. Damsky i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i _,i ,l �: Sheriff s r r "'I r} ; ., . y�tix��?Dt+ ifaixr i z,. 1`hJ ! r a a Jody S Smith Chief Deputy c 13 AUG 1-2 AM 10: 3 Richard W Stewart CLIMBEIrLA140 MUNTY Solicitor 0 FtCE �TIA_SKRIFF P E NM Y LVA N I A Roxanne Damsky(et al.) Case Number vs Jenifer A Shillingford (et al.) 2013-4436 SHERIFF'S RETURN OF SERVICE 08/05/2013 02:39 PM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Jennifer Shillingford, Wife, who accepted as"Adult Person in Charge"for John P.Tiburzi at 5005 Seneca Drive, Hampden Township, Mechanicsburg, PA 17050. JE O DZI, DEPUTY 08/05/2013 02:39 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Jenifer A Shillingford at 5005 Seneca Drive, Hampden Township, Mechanicsburg, PA 17050. JErOIj6DZI, D PUTY SHERIFF COST: $55.76 SO ANSWERS, August 06, 2013 RONN' R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. M M r°' T0 C-) Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendants, 301 Market Street Jenifer A. Tiburzi and P. O. Box 109 John P. Tiburzi Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ja.l @jdsw.com ROXANNE DAMSKY and IN THE COURT OF COMMON PLEAS OF WILLIAM D. DAMSKY, h/w, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-4436 JENIFER A. SHILLINGFORD and CIVIL ACTION — LAW JOHN P. TIBURZI, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendants, Jenifer A. Tiburzi (incorrectly identified as Jenifer A. Shillingford) and John P. Tiburzi, in the above- captioned matter. JOH ON, DUFF , STEWART & WEIDNER By- John cy, Esquire r y I.D. No. 203948 30 arket Street, P. O. Box 109 Mmoyne, PA 17043-0109 Telephone (717) 761-4540 Date: September 5, 2013 Counsel for Defendants 578684 CERTIFICATE OF SERVICE I hereby certify that a true and copy of the foregoing Praecipe for Entry of Appearance has been served upon all counsel of record, by depositing the same in the United States 1St Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 5, 2013: Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: 1'U Connie Fritz 578684 C2 iOEC L}ArP N© Cf� �7 I3T —14 8112 PEN dSYLVA IA� ' Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 • Attorneys for Defendants, 301 Market Street Jenifer A. Shillingford and P. O. Box 109 John P. Tiburzi Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com ROXANNE DAMSKY and : IN THE COURT OF COMMON PLEAS OF WILLIAM D. DAMSKY, h/w, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA v. : NO. 13-4436 JENIFER A. SHILLINGFORD and : CIVIL ACTION — LAW JOHN P. TIBURZI, . Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs c/o Thomas K. Ellixson, Esquire . Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 AND NOW, this 3rd day of October, 2013, you ar- -reby notified to plead responsively within twenty (20) days of the date of service hereof, or • dg ent may be entered against you. JOHN'ON, D FFIE, STEWART : -'f IDNER BY / f J. 'n ° L61 Esquire A ttorr -•y I.D. No. 203948 Cou7 el for Defendants Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendants, 301 Market Street Jenifer A. Shillingford and P. O. Box 109 John P. Tiburzi Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com ROXANNE DAMSKY and : IN THE COURT OF COMMON PLEAS OF WILLIAM D. DAMSKY, h/w, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA v. : NO. 13-4436 JENIFER A. SHILLINGFORD and : CIVIL ACTION — LAW JOHN P. TIBURZI, Defendants : JURY TRIAL DEMANDED ANSWER OF DEFENDANTS, JENIFER A. SHILLINGFORD AND JOHN P. TIBURZI, TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Jenifer A. Shillingford and John P. Tiburzi, by and through their counsel, John A. Lucy, Esquire and Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer and New Matter to Plaintiff's Complaint. 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted. It is admitted that both the Plaintiff and Defendant were operating motor vehicles on South Sporting Hill Road in Mechanicsburg, PA, at or about the time of this accident. 6. Admitted in part; denied in part. It is admitted only that Defendant, Jennifer A. Shillingford, was operating a motor vehicle owned jointly by her husband, John P. Tiburzi. The remainder of the allegations are denied generally pursuant to Pa. R.C.P. 1029 (d) and (e) and strict proof thereof is demanded at the time of trial. 7. Admitted in part; denied in part. It is admitted only that a motor vehicle accident between the Plaintiff and Defendant occurred on or about 3:08 p.m., on July 31, 2011. The remainder of the allegations are denied generally pursuant to Pa. R.C.P. 1029 (d) and (e) and strict proof thereof is demanded at the time of trial. COUNT I — NEGLIGENCE 8. Defendants incorporate herein by reference their answers to Paragraphs 1 through 7 above as though fully set forth herein at length. 9. Paragraph 9 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 10. Paragraph 10 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 11. Paragraph 11 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 580577 2 12. (a) — Q) Paragraph 12 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 13. Paragraph 13 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 14. After reasonable investigation, Defendants are without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 14 and the same is therefore denied and strict proof thereof is demanded at the time of trial. 15. After reasonable investigation, Defendants are without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 15 and the same is therefore denied and strict proof thereof is demanded at the time of trial. 16. After reasonable investigation, Defendants are without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 16 and the same is therefore denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Jenifer A. Shillingford and John P. Tiburzi, hereby respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. 580577 3 NEW MATTER 17. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. That Plaintiffs' alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 19. That Plaintiffs' alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 20. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Plaintiff's own comparative negligence and the Pennsylvania Comparative Negligence Act. 21. That if it should be found that there is any negligence on the part of Defendant, Jenifer A. Shillingford, which is denied, then in that event, any such negligence is not a factual cause of Plaintiff's harm. 22. That Plaintiff's alleged injuries may have been pre-existing. 23. That Plaintiff may have failed to mitigate her alleged injuries. 24. That Plaintiffs' alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 580577 4 WHEREFORE, Defendants, Jenifer a. Shillingford and John P. Tiburzi, hereby respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectf submitted DUFFIE STEWART & JO SO N, D W E IDNER :y: o n A . cy, Esquire Attor e I.D. No. 203948 301 .rket Street, P. O. Box 109 Le -•yne, PA 17043-0109 T-, -phone (717) 761-4540 C•unsel for Defendants Date: October 3, 2013 580577 5 t � VERIFICATION I, Jenifer Tiburzi, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer to Plaintiff's Complaint with New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. 4 4 fa7 t ‘ 72 3 Jenif°r 7 urzi ,1111111111111111 Dated: , 2013 \l e VERIFICATION I, John P. Tiburzi, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer to Plaintiff's Complaint with New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Jo- r Tiburzi , Dated: 9/z3 , 2013 CERTIFICATE OF SERVICE I hereby certify that a true and copy of the foregoing Answer of Defendants to Plaintiffs' Complaint with New Matter has been served upon all counsel of record, by depositing the same in the United States 1st Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 3, 2013: Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 (Counsel for Plaintiffs) JOH ' ON, DUFFIE, STEWART-& WEIDNER :Y: Jo. - 'O'ucy F l=1itC TARY OCT 24 PM 1. 19 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendants, 301 Market Street Jenifer A. Shillingford and P. O. Box 109 John P. Tiburzi Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com ROXANNE DAMSKY and IN THE COURT OF COMMON PLEAS OF WILLIAM D. DAMSKY, h/w, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-4436 JENIFER A. SHILLINGFORD and CIVIL ACTION — LAW JOHN P. TIBURZI, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2"d Street Media, PA 19063 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: '1 (1) A Notice Of Intent To Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; 587598 (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; (4) The twenty (20) day waiting period has ended; and (5) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. JOH ON, DU IE, STEWART & WEIDNER B : n . Lucy, Esquire Attor ey I.D. No. 203948 30 arket Street, P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 23P, 2013 Counsel for Defendants 587598 Johnson, Duffle, Stewart-& Weidner By: John A. Lucy, Esquire 1.D. No. 203948 Attorneys for Defendants, 301 Market Street Jenifer A. Tiburzi and P. 0. Box 109 John P. Tiburzi Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal @jdsw.com ROXANNE DAMSKY and IN THE COURT OF.COMMON PLEAS OF WILLIAM D..DAMSKY, h/w, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. ; NO. 13-4436 JENIFER A. SHILLINGFORD and CIVIL ACTION — LAW JOHN P. TIBURZI, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Thomas K. Ellixson,. Esquire Law Office of Thomas K. Ellixson 42 East 2"d Street ..Media, PA 19063 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to ubpoena. If no objection is made, the subpoenas may be served. JOHNSO , DUFFIE S WART & WEIDNER By: L y, Esquire Attorney I No. 203948 301 Market'Street, P. 0. Box 109 Lemoyne, PA 17043-0109 _.Telephone (717) 761-4540 Date: September��y , 2013 Counsel for Defendants 581735 . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY and WILLIAM D. DAMSKY, h/w, Plaintiffs N0. 13=4436 V. CIVIL ACTION — LAW JENIFER A. SHILLINGFORD and JURY TRIAL DEMANDED JOHN P. TIBURZI, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital, 503 N. 21St Street, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty(20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records to include, but not limited to, all correspondence, clinic notes, outpatient notes, diagnostic testing results, consults, progress..notes, computer documents,.reports, medical summaries and any other documents whatsoever contained'in the medical file of Roxanne Damsky, dob 0111211950, SS#206-40-7296. at Johnson, Duffle, Stewart &Weidner, 301 Market Street, P.O. Box 109 Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the.coples or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 - SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants. BY THE COU T: Pro otary/Clerk, Civil Division Deputy DATE: Sedl of the Court (Eff.7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY and WILLIAM D. DAMSKY, h/w, Plaintiffs NO. 13-4436 V. CIVIL ACTION LAW JENIFER A. SHILLINGFORD and JURY TRIAL DEMANDED JOHN P. TIBURZI, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO.: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG PA 17101.. (Name of Person or Entity) Within twenty(20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records to include, but not limited to all correspondence clinic notes outpatient notes diagnostic testing results, consults progress notes computer documents reports medical summaries and any other documents whatsoever contained in the medical file of Roxanne Damsky dob 01112/1.950, SS# 206-40-7296. at Johnson Duffle Stewart &Weidner, 301 Market Street P.O. Box 109 Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the'certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT,ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: 1�rot of /Clerk, Civil Division Deputy DATE: a ? Sea of the Court (Eff•7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY and WILLIAM D. DAMSKY, h/w, Plaintiffs NO. 13-4436 V. CIVIL ACTION — LAW JENIFER A. SHILLINGFORD and JURY TRIAL DEMANDED JOHN P. TIBURZI, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Arts Allergy, PC 220 Wilson Street Suite 200, Carlisle, PA 17013. (Name of Person or Entity) Within twenty(20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records to include, but not limited to all correspondence clinic notes outpatient notes, diagnostic testing results, consults, progress notes computer documents reports medical summaries and any other documents whatsoever contained'in the medical file of Roxanne Damsky dob 0111211950, SS# 206-40-7296. at Johnson Duffle, Stewart &Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. You may deliver.or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in 'advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY THE COURT: P othon ry Civil DIvision 1, Deputy DATE: Eff.7is7) Se of the Court ( COMMONWEALTH OF PENNSYLVANIA COUNTY OF .CUMBERLAND ROXANNE DAMSKY and WILLIAM D. DAMSKY, h/w, Plaintiffs NO. 13-4436 V. CIVIL ACTION — LAW JENIFER A. SHILLINGFORD and JURY TRIAL DEMANDED JOHN P. TIBURZI, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40D9.22 TO: Dellon Institute Eric H Williams M D the Exchange Building Suite 18 1122 Kenilworth Dr. Towson, MD. 21204. (Name of.Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records to include, but not limited to all correspondence clinic notes outpatient notes diagnostic testing results, consultsl progress notes computer documents reports medical summaries and any other documents whatsoever contained in the medical file of Roxanne Damsky, dob 01/12/1950 SS#206-40-7296. at Johnson Duffie Stewart &Weidner, 301 Market Street P.O. Box 109 Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this . subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Lucy, Esquire ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 203948 ATTORNEY FOR: Defendants BY TH 0 t rotho erk Divi ' Deputy DATE: �7 213 Seal of the Court (Eff.7/97) CERTIFICATE OF SERVICE I hereby certify that a true and -copy of the foregoing Notice of Intent to Serve Subpoenas has been served upon all counsel of record, by depositing the same in the United .States 1St Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on Septemberr �', 2013: Thomas K. Ellixson, Esquire Law Office of Thomas K: Ellixson '42 East 2nd Street Media, PA 19063 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER zz BY: Kellie Nelson, Paralegal to John A. Lucy 581735 CERTIFICATE OF SERVICE I hereby certify that a true and copy of the foregoing Certificate Prerequisite for Service of Subpoenas has been served upon all counsel of record, by depositing the same in the United States 1St Class Mail, postage prepaid, in Lemoyne, Pennsylvania, (-d on October�3, 2013: Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: t 1<01116-Nelson, Paralegal to John A. Lucy, Esq. 587598 Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com F r^'' 1 Cr �tlf ;P -OFFICE ,ti01„0?`O:. alit; t 1 1>i COUNTY PENNSYLVA Attorneys for Defendants, Jenifer A. Shillingford and John P. Tiburzi ROXANNE DAMSKY and : IN THE COURT OF COMMON PLEAS OF WILLIAM D. DAMSKY, h/w, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA v. : NO. 13-4436 JENIFER A. SHILLINGFORD and : CIVIL ACTION — LAW JOHN P. TIBURZI, Defendants : JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFFS' FULL AND COMPLETE VERIFIED ANSWERS TO INTERROGATORY NOS. 17, 18, 26 THROUGH 29, 31 THROUGH 33 AND 39 AND 40 AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, come the Defendants, Jenifer A. Shillingford and John P. Tiburzi, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and files this Motion to Compel the Plaintiffs' Full and Complete Verified Answers to Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40 and Response to Request for Production of Documents, and in support thereof, avers as follows: 1. This matter arises out of an automobile accident that occurred on or about July 31, 2011, on South Sporting Hill Road, Mechanicsburg, Cumberland County, PA. 2. After the close of pleadings, the undersigned forwarded discovery to Plaintiffs' counsel including Interrogatories and a Request for Production of Document requesting the same to be answered within thirty (30) days as the Rules of Civil Procedure require. (A true and correct copy of the transmittal letter dated September 11, 2013, and the discovery are attached hereto as Exhibit "A") 3. Pursuant to Pa. R.C.P. 4006(a)(2) and 4019.12, the Plaintiffs were required to serve their Answers to Interrogatories and Response to Request for Production of Documents within thirty (30) days after service of the discovery upon them, or on or before October 11, 2013. 4. When the Plaintiffs did not produce their discovery responses by October 11, 2013, defense counsel sent Plaintiffs' counsel a letter dated November 12, 2013, requesting the overdue discovery responses. (A true and correct copy of this letter is attached hereto as Exhibit "B") 5. On or about January 14, 2014, Plaintiffs' counsel requested an extension of time to respond to said discovery. (A true and correct copy of this fax letter is attached hereto as Exhibit "C") 6. By letter dated January 21, 2014, Plaintiffs' counsel provided Plaintiffs' Answers and Objections to Defendants' Interrogatories and a Response to Defendants' Request for Production of Documents. (A true and correct copy of this letter is attached hereto as Exhibit "D") 618422 2 7. By letter dated January 29, 2014, defense counsel wrote to Plaintiffs' counsel requesting Answers to Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40. (A true and correct copy of this letter is attached hereto as Exhibit "E") 8. Defense counsel again wrote to Plaintiffs' counsel by letter dated March 10, 2014, requesting full and complete Answers to Defendants' Interrogatories within thirty (30) days, or April 9, 2014. (A true and correct copy of this letter is attached hereto as Exhibit "F") 9. In addition, Defense counsel wrote to Plaintiffs' counsel by letter dated May 19, 2014, again requesting full and complete Answers to Defendants' Interrogatories, as well as a sufficient Response to Defendants' Request for Production of documents within two (2) weeks, or by June 3, 2014. (A true and correct copy of this letter is attached hereto as Exhibit "G") 10. As of the date of this Motion, Plaintiffs' Answers to Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40 have not been received. 11. Pennsylvania Rule of Civil Procedure 4019 states in relevant part: (a)(1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written Interrogatories under Rule 4005, (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested; (viii) a party or person otherwise fails to make discovery or to obey an Order of Court respecting discovery. 12. Pursuant to Local Rule 208.2(e), counsel for Defendants certifies that he made attempts to resolve this discovery issue as noted above. Despite such attempts, 618422 3 Plaintiffs' Answers to Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40 remain outstanding. 13. It is essential that the Defendants receive the Plaintiffs' full and complete Answers to Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40 and Response to Request for Production of Documents so that the case can move forward. WHEREFORE, Defendants, Jenifer A. Shillingford and John P. Tiburzi, respectfully request that this Honorable Court grant their Motion and issue an Order compelling the Plaintiffs to provide full, complete, and verified Answers to Defendants' Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40 and Response to Request for Production of Documents within twenty (20) days of the Court's Order. Date: June 27, 2014 Respectfully submitted, OHNSON, DUFFIE, STEWART & WEIDNER By: (73 WI . Lucy, Esquire At ofiney I.D. No. 203948 3 i Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants 618422 4 Exhibit A JERRY R. DUFFIE "CHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREENY • WADED. MANLEY Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 LA•W OFFICES JOHNSON DUFFIE September 11, 2013 Re: Roxanne Damsky and William D. Damsky, h/w vs. Jenifer A. Shillingford and John P. Tiburzi Cumberland County C.C.P.; No. 13-4436 BARRIE B. GEHRLEIN ANTHONY T. LUCIDO ELIZABETH D. SNOVER CAROLYN B. MCCLAIN JOHN A. LucY ULYSSES S. WILSON JULIA A. PHILLIPS MATTHEW RIDLEY OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. WRITER'S Ex.r. NO. 146 kanr jds w.com Dear Mr. Ellixson: Enclosed please find discovery directed to your clients, the Damsky's. Should you have any questions or concerns in regard to this matter, please do not hesitate to contact me. Thank you. /kan 579635 22740-03146 Enclosures Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kellie Nelson, Paralegal to John A. Lucy 301 MARKET STREET P.O. BOX 109 . LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL©JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. 1 ( Exhibit B JERRY R. DUFFIE RICHARD W STEWART EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER. JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREEVY WADE D. MANLEY Thomas K Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 LAW OFFICES OHNSON DUFFIE November 12, 2013 Re: Roxanne Damsky and William D. Damsky, h/w vs. Jenifer A. Shillingford and John P. Tiburzi Cumberland County C.C.P.; No. 13-4436 Dear Mr. Ellixson: BARRIE B. GEHRLEIN ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY ULYSSES S. WILSON JULIA A. MORRISON MATTHEW RID LEY OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR.. WRITER-sExT. No. 134 =.1...kliAjdsw.coth After review of my file, it appears that our discovery served on your client is outstanding. Kindly provide these discovery responses as soon as possible. JAUcsf 591124 22740-03121 Very truly yours, ,•• • JOHNSON DUFFIE- STEWART & WEIDNER • L_.-- '$n A. Lucy / 301 MARKET STREET P.O. BOX. 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COIVI 717.761.4540 FAX:717.761.3015 MAIL @ JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhibit C ...1.1,21. • 1111.11,11J' 110 facsimile transmittal LAW dixICES OF THOMAS K. ELLIXSON 42 E. 2nd Street Media, PA 19063 Jo I ri 0 41 4.01,1511', II , I A' "v^l' 0 I .11 .1V11 h'i I I !lip 14 Email: tellixson@comcast.net To: John A. Lucy, Esquire From: THOMAS K. F.T.T.TXSON, ESQ. Fax: 717-761-3015 Phone: 717-761-3015 Re: Darnsky v. Shillingford, et al.. Date: January 14, 2014 Pages: 1 CC: • • • • • • 1[",1,111110, s respectfully request an extension of time until January 21, 2014, to provide responses to Defendants' Discovery Requests. 111 do not hear from you to the contrary, I will assume that you have graciou.sly granted this request. Thank you for your kind consideration of this matter. Thomas K. Ellixson, Esq. •%; Namawpr., J 11! • I. 11101k .111'1 • 1.'1 ,,,171,11111d ':11. 101.111,1; 11113,1';111111r Exhibit 0 LAW OFFICE OF Thomas K. Ellixson January 21, 2014 John A. Lucy, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 P.O. Box 570, Havertown, PA 19083 Fax: 610-853-3702 , Telephone: 610-405-6137 E-mail: tellixson@comcast.net Re: Damsky v. Shillingford, et al.; Cumberland County C.C.P.: No. 13-4436 Dear Mr. Lucy: t 61 rb t a. c3 C Enclosed please find Plaintiffs, Roxanne Damsky and William D. Damsky's Answers and Objections to Defendants' Interrogatories and Request for Production of Documents. Please feel free to contact me if you have any questions or comments. Very truly yours, THOMAS K. ELLIXSON Encs. Exhibit E it JERRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY ;MICHAEL J. CASSIDY MELISSA P: GREEVY WADE D. MANLEY Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 LAW OFFICES JOHNSON DUFFIE January 29, 2014 Re: Roxanne Damsky and William D. Damsky, h/w vs. Jenifer A. Shillingford and John P. Tiburzi Cumberland County C.C.P.; No. 13-4436 Dear Mr. Ellixson: BARRIE B. GEHRLEIN ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY ULYSSES S. WILSON JULIA A. MORRISON MATTHEW RIDLEY OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER. JR. WRITER'S EXT. N' . I :i3 .co r. I am in receipt of, and thank you for your client's Answers to our initial Interrogatories. I should note that Interrogatory Nos. 17, 18, 26 through 29, 31 through 33, as well as 39 and 40 remain unanswered. Specifically, I would ask that your client please provide any information on any disability income, Medicare and Medicaid eligibilit -II as any liens. I would ask that you kindly have your client update these answers as soole. Thank.you. JAL/csf 603476 22740-03121 CJFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW..JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhibit F JERRY R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG . MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA P. GREENY WADE D. MANLEY LAW OFFICES OHNSON DUFFIE Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 1914-2014 March 10, 2014 Re: Roxanne Damsky and William D. Damsky, h/w vs. Jenifer A. Shillingford and John P. Tiburzi Cumberland County C.C.P.; No. 13-4436 Dear Mr. Ellixson: BARRIE B. GEHRLEIN ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHN A. LUCY ULYSSES S. WILSON JULIA A. MORRISON MATTHEW RIDLEY OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. fit' ; rr .:l's EXT. NO. 134 E I\I. ;IL J_1I./i Id, .co n As a follow-up to my letter of January 29, 2014, I'm writing to inquire as to when I can expect Plaintiffs' full and complete answers to our Interrogatories. If I do not receive full and complete answers within the next thirty (30) days, I must move forward with a Motion to Compel. Very truly Fours, JOHNSON, DUFF , STEWART & WEIDNER John/A. Lucy JAL/csf 610571 22740-03121 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COVI JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhibit G R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFREY B. RETTIG • MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA E GREEVY WADE D. MANLEY OHNSON DUFFIE Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 .East 2nd Street Media, PA 19063 1914-2014 May 19, 2014 Re: Roxanne Damsky and William D. Damsky, h/w vs. Jenifer A. Shillingford and John P. Tiburzi Cumberland County C.C.P.; No. 13 -4436 - Dear Mr. Ellixson: BARRIE B. GEHRLEIN ANTHONY T. LUCIDO CAROLYN B. MCCLAIN JOHNA. LuCY MATTHEW RIDLEY KAREN L. MASCIO OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER. JR. WRITER'S EXT. NO. 164 E-MAIL.: ja1@jdsw.com As a follow-up tomy prior correspondence, your clients' Answers to Interrogatory Nos. 17, 18, 26-29, 31-33, 39 and 40, as well as the Response to Request for Production of Documents is insufficient and not complete. I would ask that you please provide full and complete answers within the next two (2) weeks. If I am not in receipt of full and complete answers to this discovery, I must move forward with a Motion to Compel. JAUcsf 624658 22740-3146 ON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I hereby certify that a true and copy of the foregoing Motion of Defendants to Compel Plaintiffs' Answers to Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 and 39 and 40 and Response to Request for Production of Documents has been served upon all counsel of record, by depositing the same in the United States 1st Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 27, 2014 Thomas K. Ellixson, Esquire Law Office of Thomas K. Ellixson 42 East 2nd Street Media, PA 19063 (Counsel for Plaintiffs) JOHNSON, ' FFIE, STEWART & WEIDNER BY: ti 44,:i . 3 ft r": JUL-3 FM 2,4 tA.,ME3ERLAHO COL PENNSYLVANIA ROXANNE DAMSKY and : IN THE COURT OF COMMON PLEAS OF WILLIAM D. DAMSKY, h/w, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA v. : NO. 13-4436 JENIFER A. SHILLINGFORD and CIVIL ACTION — LAW JOHN P. TIBURZI, Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this N . day of / V , 2014, upon consideration of the Defendants' Motion to Compel Plaintiffs' Answers to Discovery, it is hereby ORDERED that the Plaintiffs shall provide full, complete and verified answers to Defendants' Interrogatory Nos. 17, 18, 26 through 29, 31 through 33 ar0 3�and 40 and 3 0 Response to Request for Production of Documents within Verify per days of this Order. Failure to comply with this Order will result in sanctions pursuant to Pa. R.C.P. 4019. J. Distribution List: ✓fhomas K. Ellixson, Esquire, Law Office of Thomas K. Ellixson, 42 East 2nd Street, Media, PA 19063 (Counsel for Plaintiffs); and John A. Lucy, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 (Counsel for Defendants) ^� CERTIFICATE ; ,1, .i e 16 `€i 12. 31 PREREQUISITE TO SERVICE OFA SUBP J. ST L AND C O UN I H' PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. TERM: JENIFER A. SHILLINGFORD AND JOHN P. I IBURZI CASE No: 13-4436 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 01/13/2015 RecordTrak on behalf of /S/ JOHN LUCY Attorney for Defendant RT#: 262141 RECORDS PERTAIN TO: ROXANNE DAMSKY ROXANNE DAMSKY AND WILLIAM D. COURT: Court Of Common Pleas - Cumberland County, Pa DAMSKY vs. TERM: JENIFER A. SHILLINGFORD AND JOHN DOCKET: 13-4436 P. TIBURZI NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: THOMAS K. ELLIXSON LAW OFFICE OF THOMAS K. ELLIXSON 42 EAST 2ND STREET MEDIA, PA 19063 December 22, 2014 Please take notice that on behalf of JOHN LUCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until January 12, 2015 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY January 12, 2015 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN 2 PINNACLE HEALTH FAMILY CARE 3 CUMBERLAND PHYSICAL THERAPY 4 FORBES FAMILY CHIROPRACTIC 5 TRISTAN RADIOLOGY SPECIALISTS - WEST SHORE 6 ADVANCED PAIN CARE 7 PRISM Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: Page 2 RT: 262141.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY AND WILLIAM D. DAMSKY V. JENIFER A. SHILLINGFORD AND JOHN P. TIl iLTRZI File No:13-4436 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH FAMILY CARE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought, If you fail to produce the documents or things required by this subpoena within twenty (20) days afte: 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court iz-lvti Prothonotary RE: ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. JENIFER A. SHILLINGFORD AND JOHN P. TIBURZI CASE NO. 13-4436 RECORDTRAK FILE #: 262141; TAG 2 LOCATION: PINNACLE HEALTH FAMILY CARE RECORDS PERTAIN TO: ROXANNE DAMSKY SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PAIIhNTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** ALL RECORDS FROM X/X/XX TO PRESENT. X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY. RT: 262141.3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY AND WILLIAM D. DAMSKY V. JENIFER A. SHILLINGFORD AND JOHN P. TII3:URZI File No:13-4436 SUBPOENA TO PRODUCE DOCUMENTS OR Tii1NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND PHYSICAL THERAPY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days afte 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: RccordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court TN Attorney for: Defendant DATE: C e� Seal of the Court BY THE COURT: Prothonotary RE: ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. JENIFER A. SHILLINGFORD AND JOHN P. TIBURZI CASE NO. 13-4436 RECORDTRAK FILE #: 262141; TAG 3 LOCATION: CUMBERLAND PHYSICAL THERAPY RECORDS PERTAIN TO: ROXANNE DAMSKY SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PAI'IhNTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** ALL RECORDS FROM X/X/XX TO PRESENT . X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY . RT: 262141.4 y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY AND WILLIAM D. DAMSKY V. JENIFER A. SHILLINGFORD AND JOHN P. TIhURZI I File No: 13-4436 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FORBES FAMILY CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak,3OHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800)220-1291 BY THE COURT: Supreme Court ID* Attorney for: Defendant . DLEALL DATE: � hiq Prothonotary 1 Seal of the Court RE: ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. JEN1FbR A. SHILLINGFORD AND JOHN P. TIBURZI CASE NO. 13-4436 RECORDTRAK FILE #: 262141; TAG 4 LOCATION: FORBES FAMILY CHIROPRACTIC RECORDS PERTAIN TO: ROXANNE DAMSKY SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** ALL RECORDS FROM X/X/XX TO PRESENT*** RT: 262141.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY AND WILLIAM D. DAMSKY V. JENIFER A. SHILLINGFORD AND JOHN P. TIEtIURZI File No:13-4436 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: TRISTAN RADIOLOGY SPECIALISTS - WEST SHORE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Supreme Court ID# Attorney for; Defendant DATE: I )-i Seal of the Court McmJi.J Pge_a_ef RE: ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. JENIFER A. SHILLINGFORD AND JOHN P. TIBURZI CASE NO. 13-4436 RECORDTRAK FILE #: 262141; TAG 5 LOCATION: TRISTAN RADIOLOGY SPECIALISTS - WEST SHORE RECORDS PERTAIN TO: ROXANNE DAMSKY SS #: , DOB: X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY ** RT: 262141.6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY AND WILLIAM D. DAMSKY V. SENWER A. SHILLINGFORD AND JOHN P. TIBtURZI File No: 13-4436 y$UBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ADVANCED PAIN CARE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: See attached rider. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeni together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte: 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: Ia*1 h- Seal of the Court Prothonotary RE: ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. JENIFER A. SHILLINGFORD AND JOHN P. TIBURZI CASE NO. 13-4436 RECORDTRAK FILE #: 262141; TAG 6 LOCATION: ADVANCED PAIN CARE RECORDS PERTAIN TO: ROXANNE DAMSKY SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY. X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY. RT: 262141.7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXANNE DAMSKY AND WILLIAM D. DAMSKY V. JENIFER A. SHILLINGFORD AND JOHN P. TIB!URZI File No: 13-4436 SVJBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Scc attached rider. 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoenj together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing 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: RccordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800)220-X291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court .124 e 4 IIPLI RE: ROXANNE DAMSKY AND WILLIAM D. DAMSKY vs. JENIFER A. SHILLINGFORD AND JOHN P. TIBURZI CASE NO. 13-4436 RECORDTRAK FILE #: 262141; TAG 7 LOCATION: PRISM RECORDS PERTAIN TO: ROXANNE DAMSKY SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION.. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ALL RECORDS FROM X/X/XX TO PRESENT FOR ROXANNE DAMSKY* * *