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HomeMy WebLinkAbout01-5236SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OI -- 3'~,~2(~ CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAVVYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ~;HOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVI=N, JR., Plaintiffs KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pl=NNSYLVANIA NO. O~ ~ ~'~,3(- CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTIClA Ll= HAN DEMANDADO A USTl=D EN LA CORTI=. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeoiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda, usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA Dl=MANDA A UN ABOGADO IMMEDIATAMI=NTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL Sl=RVICIO, VAYA l=N PERSONA O LLAME POR TELI=FONO A LA OFICINA CUYA DIRI=CCION Si= ENCUENTRA I=SCRITA ABA JO PARA AVI=RIGUAR DONDE Si= PUl=DE CONSI=GUIR ASlSTENCIA LEGAL. DAUPHIN COUNTY LAWYER Rl=Fl=RRAL Sl=RVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 / )HOLLENBERGER & UANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff(s), Ronald J. Hooven, Jr., by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: SINGLE COUNT COMPLAINT 1. Plaintiff, Ronald J. Hooven, Jr., is an adult individual who currently resides at 538 Market Street, 2"~ Floor, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant, Kimberley A. Huggler, is an adult individual whose last known address is 610 Bridge Street, Floor 2, New Cumberland, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on October 8, 1999, at or about 2:25 PM on the Cadisle Pike, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Ronald J. Hooven, Jr., was the operator Pleadings AIl\Hooven, Ron - Complaint (b) (c) (d) (e) (f) (g) (h) of a 1999 Harley Davidson Sportster. 5. At the aforesaid time and place, Defendant, Kimberly A. Huggler, was the operator of a 1989 Honda Accord. 6. At the aforesaid time and place, Plaintiff, Ronald J. Hooven, Jr., was traveling in the westbound center lane of the Carlisle Pike in the aforesaid 1999 Harley Davidson Sportster in Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant, Kimberley A. Huggler, was waiting in the Rite Aid exit area to enter onto the Carlisle Pike. 8. At the aforesaid time and place, Defendant Kimberly A. Huggler entered the Carlisle Pike moving her vehicle across travel lanes directly into the path of Plaintiff, Ronald J. Hooven, Jr., causing the motorcycle and vehicle to collide. 9. As a result of the aforesaid collision, Plaintiff, Ronald J. Hooven, Jr., has suffered serious and permanent injuries, including but not limited to the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; Severe strain and sprain of the muscles, tendon, ligaments and other soft tissues at or about the lumbar spine; Various contusions and abrasions; Nondisplaced open fracture of the tuft of the distal phalanx of the left fifth finger; Post concussive syndrome; Post traumatic cephalgia; Traumatic brain injury; Pleadings AIl\Hooven, Ron - Complaint (i) O) (k) (I) Left fifth finger contusion and three centimeter laceration with partial skin avulsion and partial nail avulsion along with subungua hematoma; Closed head injury with concussion; Left wrist strain/sprain; Left cubital tunnel syndrome. 10. The aforesaid collision was the direct and proximate result of the negligence of the defendant, Kimberly A. Huggler, in operating the 1989 Honda Accord in a careless, reckless, and negligent manner as follows: (a) (b) (c) (d) Entering the roadway from a place other than another roadway without yielding the right-of-way to vehicles approaching on the roadway to be entered or crossed in violation of Section 3324 of The PA Motor Vehicle Code. Moving his/her vehicle which was stopped, standing or parked before the movement could made with safety in violation of Section 3333 of The PA Motor Vehicle Code. Placing his/her vehicle into the stream of traffic from a parked position before the movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code. Driving his/her motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a) of The PA. Motor Vehicle Code. 11. As a direct and proximate result of the aforesaid injuries, Plaintiff, Ronald A. Hooven, Jr., has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Ronald J. Hooven, Jr., has suffered and may continue to suffer a loss of earnings for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Ronald J. Hooven, Jr., has Pleadings AIl\Hooven, Ron - Complaint sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 14. As a further result of this collision, Plaintiff, Ronald J. Hooven, Jr., has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 15. As a further result of the aforesaid injuries, Plaintiff, Ronald J. Hooven, Jr., has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 16. Plaintiff Ronald J. Hooven, Jr. was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff Ronald J. Hooven, Jr. remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 17. Plaintiff incurred a towing expense of $90.00 for which he seeks reimbursement. A copy of the receipt evidencing said expense is attached hereto as Exhibit A. WHEREFORE, Plaintiff Ronald J. Hooven, Jr. demands judgment against Kimberly A. Huggler for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Pleadings AIl\Hooven, Ron - Complaint gated: Respectfully submitted, SHOLLEN~ERGER & JAN~JZZ. I, LLP ~oth~'A. S'h~ilenbe/g~r, E~'q.- ~' Attorney I.D. No. 34343 Pleadings AIl\Hooven, Ron - Complaint Pleadings All\Hooven, Ron - Complaint ROADSIDE AUTO RESCUE INC. TOWIN3 ' JUMPSTARTS · FLAT TIRES 2,1 H'OUR EMERGENCY SERVICE 6374 Brandy Lane MECHANICSBURG, PA 17055 (717) 697-6262 Pager 231-7126 DA f:, P.M. '~'""~'~ :~:~ ......... 7'7 ~- I~q~ ~u~'~ - ~'~. ~ I~ ~ ~ z..~ :.....~ ........ ~.~ ~.. ~... z.--,-: .................................. ZIP, .,] ~~ ~'~ EXTRA PERSON MILEAGE ~ WHEEL LI~ ~ OUT OF QAS ~U~L ~1~ WINCHING ~ LOCK OUT ~[~. ?<_ TOTAL VERIFICATION I, ~\A \-~,~¢¢~ .%. , hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating t'o unsworn falsification to authorities. RONALD J. HOOVEN, Jl~ PLAINTIFF V. KIMBERLY A. HUGGLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5236 : CIVIL ACTION - AT LAW : : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Kimberly A. Huggler, regarding the above-captioned matter. Date: 09/21/01 Respectfully submitted, NEALON & GOVER, P.C. Atty. I.D. #81937 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 21st day of September, 2001, I hereby certify that I' have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Andrew C. Lehman, Esquire RONALD J. HOOVEN, JR., Plaintiff, KIMBERLY A. HUGGLER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-5236 CIVIL ACTION - AT LAW JURY TRIALDEMANDED ANSWER 1. Admitted upon information and belief. 2. It is admitted that the Defendant is Kimberly A. Huggler, an adult individual who currently resides at 3820 Conestoga Road, Camp Hill, Pennsylvania 17011. 3.-16. Denied as stated. However, it is admitted that on October8, 1999, at approximately 2:25 p.m. on the Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania, Defendant, Kimberly A. Huggler, was driving a 1989 Honda Accord with registration BT×-361; it is further admitted that at the same time and place, Plaintiff, Ronald J. Hooven, Jr., was operating a 1999 Harley Davidson Sportster, registration 4RTgF. It is further admitted that as Defendant Huggler was entering the turning lane in the westbound direction on the Carlisle Pike, the Plaintiff's motorcycle came into contact with the rear of Defendant's vehicle. To the extent that further factual averments are made, they are denied as Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment, and proof is demanded at trial; any remaining averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 17. Admitted upon information and belief. WHEREFORE, Defendant, Kimberly A. Huggler, demands judgment against Plaintiff and in favor of Defendant. Respectfully submitted, NEALON & GOVER, P.C. C'"~An~r~ C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 _V. ERIFICATION I, KIMBERLY A. HUGGLER, verify that the statements made in the foregoing ANSWER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: KIMBERLY A[ HUGGLf:R ~ CERTIFICATE OF SERVICF AND NOW, this 1st day of November, 2001, I hereby certify that I have served the foregoing ANSWER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Andrew C. Lehman, Esquire CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: RONALD J. HOOVEN, JR COURT OF COMMON PLEAS TERM, -VS- KIMBERLY HUGGLER CASE NO: 01-5236 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMANr Esq. 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) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/16/2002 Attorney for DEFENDANT DEll-333709 92427 --LO1 CO~40~ALTH OF PENNSYLVANIA COUNTY OF C~I~BERLAND IN THE MATTER OF: RONALD J. HOOVEN, JR -VS- KIMBERLY HUGGLER COURT OF COMMON PLEAS TE~M, CASE NO: 01-5236 NOTICE OF INTENT TO gRRV~ A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NE~ C~BEFJ~%ND A~MY DEPOT HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA FAMILY MEDICINE OF MIDDLETOWN E~PLOIg~NT }~DICAL ~ECORDS ~JJICAL ERCORDS ~K-ICAL B~CORDS TO: TI~0TUf A. SHOLL~NB~RGER,ESQ. MCS on behalf of ANDRE~ C. T.~-H&N~ ESq. intends to serve a subpoena identical to the one that is attached to th{s notice. You have t~enty (20) days frnm the date listed below in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completinE the attached counsel card and returninE same to 14CS or by contactin8 our local HCS office. DATE: 0~/26/2002 CC: ANDREW C. !.~mHAN, ESQ. - 01-406 HCS on behalf of ,,U~iDRE~C. L~AN, ESq. Attorney for D~NDANT Any questions resardinS this matter, contact TH~ HCS GROUP INC. 1601MAR.~T STREET t8oo PHILADELPHIA, PA 19103 (215) 2~6-0900 DE02-185823 92427 --CO1 · COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. VS KIMBERLY A. HUGGLER File No. 01-5236 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NEW CUMBERLAND ARMY DEPT. (Name of Per, on or Entity) Within twenty (20} days after service of this sul~]L~o~n~ly~/~Ga~grdered by the court to produce the following document, or things: at MCS GROUP INC., "1601 MARKET ST., #800, PHILA. ,PA 19103 -- 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: ANDREW C.LEHMAN, ESQ. ADDRESS: 2411 NORTH ~RONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: Aq['rORNEY FOR: DEFENDANT Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRF, D RECORDS TO: CUSTODIAN OF RECORDS FOR: NEW CUMBERI.AND ARMY DEPOT DEFENSE DISTRIBUTION REGION EAST; BLDG 81 NEW CUMBE~D, PA 17070 RE: 92427 RONALD J. HOOVEN, JR. Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates ,R,e. quested: up to and including the present. Subject .RONALD J. HOOVEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17070 Social Security ~ 167-60-5681 Date of Birth: 02-28-1971 SU10-370870 92427 --L, O1 CERTIFICATg pREKEqUI$ITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: RONALD J. HOOVEN, JR COURT OF COMMON PLEAS TERM, -VS- KIMBEILLY HUGGLER CASE NO: 01-5236 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESq. 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) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05116/2002 MCS on behalf of ANDREW C. LEHMANt ESq. Attorney for DEFENDANT DEll-333710 92427--L02 COI~IPIOI~J~ALTH OF PENNSYLV~i~IA COUNTY OF CI31~IBERLAND IN THE MATTER OF: RONALD J. H00VEN, JR -VS- KIMBERLY HUGGLER COURT OF C0~0N PLEAS TERM, CASE NO: 01-5236 NO, ICE OF Ik-£p:f~ TO SERVE A SUBPOENA TO PRODUCE DOCUMKN~S AND THINGS FOR DISCOVERY PURSUANT TO RU~.J~ 4009.21 REV CUMBKRLAND ARMY DKPOT HOLY SPIRIT HOSPITAL ORTHOPKDIC IIISTITUTK OF PA FAM/LY kKi,ICIllK OF M/DDLKTO~I TO: T]HOTHY A. SHOI-I.tNBKR~KR,KS~. I~S on behalf of AU~RE~ C. l.tw~]J~ ESq. ~ntends to serve a subpoena identical to the one ~htt lo attached to ~h~s notice. Yon have twenty (20) days fron the date listed below ~n vhich to file of record and serve upon the undersisned an objection to the subpoena. If the twenty day notice period is vaived or if no o~]ection is made, then the subpoena my be served. Complete copies of any reproduced records my be ordered at your expense by ccmplettnS the attached counsel card and retugnJJ~ same to MCS or by contact/nS our local MCS office. DARK: 0~;2612002 CC: AHDRK~ C. ~.mU~AH, HS~. - 01-406 MCS on behalf of Attorney for DEF~iI)AIlT Any questions resard/nS this matter, contact THK J~S O~OUP ~. 1601 HAF~ET STUNT ~800 PHILADKLPHIA, PA 19103 (215) 246-0900 DK02-185823 92/~27--C01 COMMONWEALTH OF PENNSYLVANI.~ COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. VS KIMBERLY A. HUGGLER File No. 01-5236 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-~ TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Nam~ o~ P~t~on or En~ity) Within twenty (20) days after se. ice of this sul~j~n~ig/~C~tdered by the court to produce the following documents or things: at MC$ GROUP INC. ,"1601 iVO. RKET ST., #800, ?NILA. ,PA 19103 (Addre~) 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 addre~ listed above. You have the right to seek, in advance, the reasonable cost of pteparin$ the copies or producing the things sought. If you fail to produce the documents or things required by this sub,nm, within twenty (20) days after its service, the party serving this subpoena may seek a court order comFellin$ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANDREW C.LEItMAN, ESQ. ADDRESS: 2411 NORTIt FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 92427 RONALD J. HOOVEN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the pr"~,ent. Subject: RONALD J. HOOVEN, JR. 538 MARKET STREET, NEW CUMBEItI.AND, PA 17070 Social Security ~. 167-60-5681 Date of Birth: 02-28-1971 SU10-370872 92427 --LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: RONALD J. HOOVEN, JR COURT OF C0~40N PLEAS TERM, -VS- KIMBERLY HUGGLER CASE NO: 01-5236 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESq. certifies that (1) A notice 'df 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) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/16/2002 MCS on behalf of ANDREW C. LEHMAN, ESq. Attorney for DEFENDANT DEl1-$33711 92427 --LO 3 CO~PIOI~Vw~ALTH OF PENNSYLVANIA COUNTY OF CI3PIBERLAND IN THE MATTER OF: RONALD J. H00VEN, JR -VS- KIMBERLYHUGGLER COURT OF COF~40N PLEAS TERM, CASE NO: 01-5236 NOTICE OF I~rzt~T TO SEltV~ A SUBPOENA TO PRODUCE DOCU~/ENTS AND THII~GS FOR DISCOVERY PUI~UANT TO RU~.~ 4009.21 NEW CUHBNeT~DAHMYDHPOT HOLY SPIRIT HOSPITAL ORT~OPDI¢ II~STI1~f~ OP PA FA~LY~ICII~ OF~fr~DL~TOM~ ~LOYI~Ff l~DIf.~L ~DI~L ~O~DS l~DICAL RECORDS TO= TI~0THYA. SHOU.m~B~,KSQ. mS on behalf of ANDF~C. ~.mmM~ K~. ~t~d8 to se~e a su~ ~dent~cal to ~e ~e ehmt ~ attacbd to eh{~ not,ce. Y~ bye ~ty (20) ~ys fr~ the ~te l~eted ~1~ ~ch to [~le of record ~d se~e u~ ~ders~ed ~ objecti~ to ~e o~. If ~e ~nty ~y notice per~ ~ived or if no ~]ect~ ~s ~e, ~ ~ su~ ~y ~ se~ed. C~lete copies of ~y repr~uced records my ~ or, red at your e~se by c~let~s the attached co~sel card ~d retu~ om to ~S or by c~tact~s our ES office. DA~: 04/26/2002 CC: A~DR~C. ~.m~%~, ES~. - 01-406 mS on behalf of ANDEEWC. ~.m~a~ ESq. Attorney for DEFEl~rml~T Any questions regarding this ~atter, contact THEN CS GROUP INC. 1601 NAU~T STe~'f ~800 PHTIADELPHTA, PA 19103 (215) 246-0900 DE02-18§823 92427--C01 .COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J.HOOVEN, JR. : : VS : : KIMBERLY A. HUGGLER : : : File No. 01-5236 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA (Name of Pe~on or Entity) Within twenty (20) days a~ter ~rvice of this su~JE~o~n~Brdered by the court to produce the followin$ documents or thin~: at MCS GROUP INC.,"1601 MARKET ST., #800, PHILA.,PA 19103 (Ad~) You may deliver or mail legible copi~ of the documenl~ or produce thin~ r~lue~ted by this subpoena, together with the certificate of compliance, to the party makin$ this r~lu~t at the add~ list~l above. You have the right to ~k, in advance, the reasonable cost of preparing the copie~ or producing the thin8~ ~ought. If you fail to produce the documentl ot thin8~ required by this subpoena, within twenty (20) dayl after it~ ~ervice, the party serving this subpoena may ~eek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Ah-DI~W C.LEHMAN, ESQ. ADDRESS: 2411 NORTB FRONT ST. tIARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: 05/16/2002 / Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA 875 POPULAR CHURCH ROAD CAMP HILL, PA 17011 RE: 92427 RONALD J. HOOVEN, JR. Any and all records, correspondence, fries and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :RONALDJ. HOOVEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17070 Social Security ~ 167-60-5681 Date of Birth: 02-28-1971 SU10-370874 92427 --LO 3 CgR?IFICATE PP, EREqUISITE TO $~IVICE OF A SUBPOENA PURSUANT TO RULE ~009o22 IN THE MATTER OF: RONALD J. HOOVEN, JR COURT OF COMMON PLEAS TERM, -VS- KIMBERLY HUGGLER CASE NO: 01-5236 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN~ ESq. 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) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/16/2002 MCS on behalf of ANDREW C. LE~W.%N, ESq. Attorney for DEFENDANT DEll-333712 92427 --LO 4 CO~ON--w~ALTH OF PENNSYLVANIA COUNTY OF CI31~IBERLAND IN THE MATTER OF: ~ONALD J. HOOVEN, JR -VS- KIMBEBLY~UGGLER COURT OF C0~40N PLEAS TERM, CASE NO: 01-5236 NO~ICE OF IN~EN~ ~O SERVE A SUBPOENA ~O PRODUCE DOCUmENtS AND FOR DISCOVERY I:'UP~SUAI~T TO I~UT.~ 4009.21 ~ CI~BE~AND Aery D~POT HOLY SPIRIT HOSPITAL 0R~IOI~DIO I]STINT~ OF Pt F~tY l~DICIl~ OF KID~l~l~il TO: TINDTHYA. SHOU.Km~,K~Q. ~cS on behalf of A~DR~C. L~f ~. ~t~ds to 8e~v~ a 8ub~ identical to ~e ~e ~t ~o at~d Zo th~q no~fce. Y~ hve ~ty (20) ~ys fr~ ~e ~te listed ~1~ ~ to ffle of record ~d se~e u~ ~dersf~ed ~ object~ to ~ o~. If ~e ~ty ~y notice ~rf~ ~fved or if no o~jecti~ is ~, ~ ~ s~ ~y ~ se~ed. ~lete copies of ~y repr~ced records ~y ~ o~red at y~r e~se by c~let~ the attached co~sel card ~d ret~ s~ to ~S or by c~tact~ ~ l~al ~S office. DATI: 0412612002 CC: ANDREVC. uem4kg, ES~. - 01-406 ~CS on behalf of AIlDEEV C. Lg~t~i~ gsa. Attorney for Any questions regarding tills ~mtter, c~tact 'I'BENCS GROUP INC. 1601 ~ STetlrT JSO0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-185823 92427--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RONALD J · HOOVEN, JR. : : VS : : KIMBERLY A. NUGGLER : : : File No. 01-5236 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE OF MIDDLETOWN (Name of Person or ~ntitq/) Within twenty (20) days after ~rvice of this su~j~~rdered by the court to produce the following documents or thin~: at MGS GROUP IN¢.,"1601 ~kRKET ST., #800, PttILA.,PA 19103 {Adch~) You may deliver or mail legible copi~ of th~ document" or produce thin~ requited by this subpoena, together with the certificate of compliance, to the pm'ty making this requ~t at the addr~a listod above. You h~ve the right to ~k, in advance, the reasonable cost of preparing the copi~ or producing the thin~ ~ought. If you fail to produce the document" or thin~ required by this subpoena, within twenty (20) days after it. ~ervice, the party serving this subpoena may ~eek a court order compel]in~ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANDREW C.LEttMAN, ESQ. ADDRESS: 2411 NORT'rl FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT 05/16/2002 Seal of the Court BYTHE COURT:~b~~ (Eff. 7/07) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE OF MIDDLETOWN 1022 NORTH UNION ST. MIDDLETOWN, PA 17057 RE: 92427 RONALD J. HOOVEN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: RONALD J. HOOVEN, JR. 538 MARKET STREET, NEW CUMBERLAND, PA 17070 Social Security//:. 167-60-5681 Date of Birth: 02-28-1971 $U10-370992 92427 --I_,O 4 SHOLLENBERGER & JANU77i, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717)234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy A. Shollenberqer, Esq., counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 25,000 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case as counsel or are other-wise disqualified to sit as arbitrators: Any member of the firm of Nealon and Gover or anyone who does work for Allstate Insurance Company WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT ~.~NI~NO~W, ~:~x~.l..- ~', 20_.~, in cQnsiderat[on of the foregoing petition,, , ~~'Es~., ~"~'E~.~/,~_~_~,,_~ Esq., and ~ ~_ ' Esq., are appointed arbitrators in the above-captioned action as prayed for. )~'~"~ By th~ VtNVA'RSNN~d i ~ :OI H~ 9 1 ltl[' ~0 AI::IVlONOHzOdd ?,i JO RONALD J. HOOVEN~ JR. Mo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL KIMBERLY A. HUGGLER CIVIL ACITON - LAW IN RE: APPOINTMENT OF ARBITRATORfi ORDER OFCOURT AND NOW, August 19, 2002, the Court having been informed that Jon F. LaFaver, Esquire, cannot serve as Chairman of the Arbitration Panel in the above matter, his appointment is vacated and Wayne Shade, Esquire, is appointed in his stead. Charles Mackin, Esquire, and Tricia D. Naylor, Esquire, shall remain on the panel. J/~oon F. LaFaver, Esquire ,~ayne F. Shade, Esquire Court Administrator By the Court, 10/29/02 TUE 15:49 FAX 717 240 6573 CU~ CO PROTHONOTARY RONALD J. HOOVEN, JR., Plaintiff v. KIMBERLY A. HUGGLER, .. De~endant In The Cou=: of Co.on Pleas of C~berland County, Pennsylvania No. 01-52~ CIVIL TERM 19 JURY TRIAL DEMANDED OAtH ~e do $olemuly SWear (or affirm) ~ha¢ we will suuoor=, obey and defend =he Constitution of ~he United States and the Cons~&~lou of C~Is Commou- wmalth and ~hat wm will discharge ~he duties of our offlca vlth AWARD ~--~ We, the u~darsignad a~bi~rators, havI~ been duly appoin~ad au~ sworn (or affirmed), make the followin8 award: (No~e: If damages for delay are awarded they shall be segarately stated.) ' ' ndant l'n the amount of 18,500, Dela~, damages are applicable.) Date of Hearing: Oct. 29~ 2002 Dare of Award: .Octt.29, ~002 · Arbitrator, dissents. NOTICE OF g/~TRY OF A~ Arbitrators' co~oeusa paid upon appeal] N~w, the3Oth day of October, 2002, ~xxx, was end,red upon ~he · - __ ~he above 9argtas Or =heir a==or~evs do~kac and uogxce =hereof ~!Ven b~ mail =o =he · Depu=y / PRAEClPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) RONALDJ. HOOVEN, JR., ( ) PLAI NTI FF ( ) V. (X) K I~I~ERLY A. HUOGLER, DE~ ( ) vs. vs. (Plaintiff) (Defendant) Assumpsit Trespass Trespass (Motor Vehicle) (other) The trial list will be called on and February 11, 2003 March 10, 2003 Trials commence on Pretrials will be held on February 19, 2003 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) 01-5236 Term No. Civil 19 ..... Timothy A. Shollenberger, Indicatethe attorney who willtry caseforthe party who filesthis praecipe: Esquire'Shollenberger & Januzzi, LLP, 1820 Linglestown Road, Harrisburg, PA 17110 (717) 234-3700 Indicate trialcounselforotherpartiesifknown:Andrew C. Lehma..o~_E_s__qqj~e_,__~9~_o_n__& Cover, 2411 North Front Street, Harrisburg, PA 17110 - (717) 232-9900 Date: This case is ready for trial. Dec. 28, 2002 Najn;/e.././. imotll~,/A. 5hoJ,,renbell~er, Esqui re Print Plaintiff Attorney for: ............................. RONALD J. HOOVEN, JR., Plaintiff, KIMBERLY A. HUGGLER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-5236 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED JOINT STIPULATION OF COUNSEL AND ORDER AND NOW, come Plaintiff, Ronald J. Hooven, Jr., by and through his counsel, Timothy A. Shollenberger, Esquire, and the Defendant, KimberlyA. Huggler, by and through her counsel of record, Andrew C. Lehman, Esquire, and hereby stipulate and agree as follows: 1. Defendant, Kimberly A. Huggler, admits negligence with regard to the motor vehicle accident of October 10, 1999, which gives rise to the within cause of action. 2. Defendant, Kimberly A. Huggler, reserves the right to argue issues of causation, substantial factor, and damages at trial. Respectfully submitted, Respectfully submitted, NEALON & GOVER, P.C. SHOLLENBE & JANUZZI, LLP By: ~ By: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: berger, Esquire Harrisburg, PA 17110 717/234-3'700 IT IS SO ORDERED SHOLLENBIERGER & JANUZZl, LLP 1820 Linglest0wn Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone N~mber: (717) 234-3700 Fax Number: I (717) 234-8212 Attorneys for IPlaintiff RONALD J. ~OOVEN, JR., Plaintifl[ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 KIMBERLY Al HUGGLER, Defenc~ant CIVIL ACTION - LAW i, JURY TRIAL DEMANDED AND NpW, comes the Plaintiff, RONALD J. HOOVEN, JR., by and through his attorneys, Sh~llenberger & Januzzi, LLP, and does respectfully represent the following: The ab ~ve captioned action was initiated by the Plaintiff for personal injuries he received in a motor vehicle collision that occurred on October 8, 1999. Motion - Hooven, Re Negotiations in this matter proceeded with Allstate making an offer of settlement / in the a~mount of $3,400.00. / / c~ays prior to the arbitration, Plaintiff reduced his demand to $9,000.00 in A few / an attemPt to get this matter resolved. Allstate increased their offer to $5,600.00 and the matter proceeded to compulsory arbitration. The cofnpulsory arbitration panel heard the evidence of this matter and issued an awa'd of $18,500.00 plus delay damages in the amount of $73.09. n - Motion for Settlement Conference Following the entry of the award, Plaintiff once again attempted to settle this matter, Plaintiff's counsel sent a letter to Allstate on November 4, 2002 seeking to settl~ this matter for substantially less than the amount of the arbitration award or in thee amount of $12,087.00. The letter sent to Allstate is attached hereto and incorp(~rated by reference herein as Exhibit "A". I / AIIstat~ Insurance Company refused to increase their offer even one penny and / appealed the decision of the compulsory arbitrators. / The co Comm~ time an an awa a fractic ~pulsory arbitration system is a vital part of the system of justice in the )nwealth of Pennsylvania and it is wasteful of the Court and the County's d resources to have to retry a case that should settle following an entry of rd of an arbitration panel, particularly when the Plaintiff is willing to accept )n of what the arbitrators have awarded to avoid proceeding with trial. Plaintif compel represe Court f¢ A depo: schedul is $1,27 Order t( , therefore respectfully requests this Honorable Court issue an Order ing the Plaintiff's counsel, Plaintiff, Defendant's Counsel and a ntative of Allstate Insurance Company to appear before this Honorable ~r purposes of a Settlement Conference. ;ition of our independent medical examiner, Dr. Morganstein, is ed for February 21,2003. Plaintiff's cost for the taking of this deposition 5.00. Plaintiff respectfully requests that this Honorable Court issue an have Allstate pay the costs of Dr. Morganstein's deposition. Motion - Hooven, R~ - Motion for Settlement Conference WHEREFORE, the Plaintiff respectfully requests this Honorable Court to set up a Settlement Conference on or before February 21, 2003. Date: /- Respectfully submitted, yA."S hollC-~berge~, Esq. I.D. # 34343 Motion - Hooven, R°n - Motion for Settlement Conference TIMOTHY A. SHOII~'NBER~ER KARL J. JANUZm SHOLLENBERGER & JANUZZI, LLP 1820 LINOLESTO'~N ROAD P. O. BOX 60545 HARRISBURG, PA. 17106-0545 Writer's Direct E-mail - tas~.shollianlaw, com (717) 234-37O0 FAX (717) 234-821l Andrew C. Lei Nealon & Gov, 2411 North Fn Harrisburg, PA RE: Dear Andy: iman .~r, P.C. mt Street 17110 ooven v. Huggler November 4', 2002 with offices in Elizabethville (717) 362-4472 WilkesoBarre (570) 822-0711 My clieqt is willing to settle this matter for the average of the $5600.00 that was AIIstate's last Offer and the award of the arbitrators. This figure is $12,087.00. This offer will remain open until November 15, 2002 at which time it will be withdrawn. Thank ylu very much. I await your response. Very Tirn~y A..Shollenberger TAS:jd G:~GLOBALWVPDATA~DOCS~T~n WorkA10-31-O2.wpd SHOLLENBERGER & JANUZZl, LLP 1820 LinglestoWn Road P.O. Box 60545 Harrisburg, Pepnsylvania 17106-0545 Telephone NuF~ber: (717) 234-3700 Fax Number: [717) 234-8212 Attorneys for F~laintiff RONALD J. H__0OVEN, JR., Plaintiff KIMBERLY A. Defend AND N following Moti correct copy HUGGLER, mt Date: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL ACTION - LAW JURY TRIAL DEMANDED )W, this 2<[ day of ~2003, I hereby certify that I have served the on for sentiment CoVnferencb on the following by forwarding a true and ~f same in the United States mail, postage prepaid, addressed to: Andrew C. Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Respectfully submitted, SHOLLE,~f~/I:R & JANUZZI, LLP tCn/t[l~ A." SI · /~¢rney I.D. ~ 34343 Motion - Hooven Ron - Motion for Settlement Conference JAN 2 3 RONALD J. H~3OVEN, JR., Plaintiff, V. KIMBERLY [~efendant. At HUGGLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-5236 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED jOINT STIPULATION OF COUNSEL AND ORDER AND N~ Timothy A. Sh through her c( agree as follov 1. Dc vehicle accide 2. Dc )W, come Plaintiff, Ronald J. Hooven, Jr., by and through his counsel, ollenberger, Esquire, and the Defendant, Kimberly A. Huggler, by and )unsel of record, Andrew C. Lehman, Esquire, and hereby stipulate and /s: ;fendant, Kimberly A. Huggler, admits negligence with regard to the motor ~t of October 10, 1999, which gives rise to the within cause of action. ;fendant, KimberlyA. Huggler, reserves the right to argue issues of causation, sul~stantial factor, and damages at trial. Respectfully s~bmitted, NEALON & GOvER, P.C. Andrew C. Lehman, Esquire 241 Harrisb 717/23; Date:, 31937 )rth Front Street ]rg, PA 17110 ~-9900 Respectfully submitted, & JANUZZI, LLP By: berger, Esquire Harrisburg, PA 17110 717/234-3700 Date: l~,_~L~O 3 IT IS SO ORDERED . -y VIF,¥^'-I,kC3NFC-Jd L ~; :Z ~d g~ H~r' ~0 RONALD J. HOOVEN, JR., Plaintiff Vo KIMBERLY A. HUGGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5236 CIVIL TERM PLAINTIFF'S MOTION FOR SETTLEMENT CONFERENCE ORDER OF COURT AND NOW, this 6th day of February, 2003, upon consideration of the above motion, a settlement conference is scheduled in chambers of the undersigned judge for Thursday, February 13, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Timothy A. Shollenberger, Esq. 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 Attorney for Plaintiff Andrew C. Lehman, Esq. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant esley ~r., ~ -J. irc ,LLNNOO SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff KIMBERLY A. HUGGLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5236 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 'f~iCnothy/~. ~iolle(~berger, Esq. Attorney I.D. No.: 34343 Dated: December 2, 2003 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P,O. BOX 60545 ! HARRISBURG, PA 17106-0545 (717)234-3700 ! FAX (717)234-8212 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 80545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RONALD J. HOOVEN, JR., Plaintiff KIMBERLY A. HUGGLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 40.01-5236 .~IVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 2nd day of December, 2003, I hereby certify that I have served the within Praecipe to End, Settle and Discontinue to the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew Lehman, Esquire NEALON & GOVER 2411 North Front Street Harrisburg, PA 17110 Dated: December 2, 2003 Respectfully submitted, SHOLLENBERGER & JAJ~.tU; ~1, LLP By: Tim'dthy A. ~n~lenb , c~. Attorney I.D( No.: 34343 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD ~ P.O, BOX 60545 ~ HARRISBURG, PA 17106°0545 (717) 234-3700 ~ FAX (717) 234-8212