Loading...
HomeMy WebLinkAbout06-3409N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA SLOTHOUR HOOVER 2543 Berkshire Lane Dover, PA 17315, Plaintiff V. CIVIL ACTION - LAW NO. Oo -,?4/0? (2w Z L I FJL.)-yJ JEAN KURTZ 1903 Waggoners Gap Road Carlisle, PA 17103 AND KEN KURTZ CAMPERS 1901 Waggoners Gap Road Carlisle, PA 17103 Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar accion dentin de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en so contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y Is Corte puede decidir en so contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Katherman, Briggs & Greenberg, LLP By: Timothy L. Salvatore, Esq. Attorney ID No. PA 77398 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA SLOTHOUR HOOVER, Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants CIVIL ACTION - LAW NO. 010 JURY TRIAL DEMANDED COMPLAINT Plaintiff, through her attorneys, Katherman, Briggs & Greenberg, files this Complaint, and states the following: 1. Plaintiff, Jessica Slothour Hoover, is an adult individual who resides at 2543 Berkshire Lane, Dover, Pennsylvania. 2. Defendant Jean Kurtz, is an adult individual who resides at 1903 Waggoners Gap Road, Carlisle, Pennsylvania. 3. Defendant Ken Kurtz Campers is a Pennsylvania business with its principal offices at 1901 Waggoners Gap Road, Carlisle, Pennsylvania. 4. On July 5, 2004, Plaintiff was the owner and operator of a 1996 Prizm Geo LSI, VIN No. IY 1 SK5269T2021622. 5. On July 5, 2004, Defendant Ken Kurtz Campers was the owner of a 1999 Buick Century, VIN No. 2G4WS52MOX1427545. 6. On July 5, 2004, Defendant Jean Kurtz was the permissive operator ofDefendant Ken Kurtz Campers's vehicle. 7. At approximately 1:25 p.m., Plaintiff was traveling north on the Holly Pike (S.R. 34) in South Middleton Township, Carlisle, Pennsylvania. 8. At the same time, Defendant Jean Kurtz was traveling eastbound on Marsh Drive. 9. Traffic traveling eastbound on Marsh Drive was controlled by a stop sign at the intersection of Marsh Drive and Holly Pike. 10. Defendant Jean Kurtz either stopped at the stop sign and failed to yield to traffic on Holly Pike before entering on Holly Pike, or failed to stop at the stop sign before entering Holly Pike. 11. Without prior warning, Defendant Jean Kurtz pulled directly into the path of Plaintiff's lane of travel, causing Plaintiff's vehicle to strike Defendant Jean Kurtz's vehicle. 12. Plaintiff had the right of way as she approached the intersection of Holly Pike and Marsh Drive. 13. As a direct and proximate result of the collision, Plaintiff sustained serious and permanent injuries, including but not limited to, cervical and lumbar strain/sprain, cervical and lumbar radiculopathy, lumbar disc damage and traumatic aggravation of spondylolisthesis that required surgical intervention in the form of a lumbar diskectomy and fusion with internal fixation, multiple contusions, and a severe shock to her nerves and nervous system. 14. As a result of the collision, Plaintiff sustained or may sustain the following damages: a. past and future pain and suffering; b. past and future embarrassment, humiliation and mental anxiety; C. past and future loss of life's enjoyment; 2 d. scarring and disfigurement; C. incidental costs and expenses; past and future loss of earnings and earning capacity as may be recovered under the Pennsylvania Motor Vehicle Financial Responsibility Act; and g. past and future medical expenses as maybe recovered under the Pennsylvania Motor Vehicle Financial Responsibility Law. COUNTI Jessica Slothour Hoover v. Jean Kurtz 15. The allegations contained in the preceding paragraphs are incorporated by reference. 16. Defendant Jean Kurtz had a duty to operate her vehicle in a careful, prudent and reasonable manner and to avoid causing harm to others, including Plaintiff. 17. Defendant Jean Kurtz breached her duty of care and was negligent, negligent per se, careless, and reckless in the following manner: a. failing to make reasonable and prudent observations of the conditions then existing; b. failing to maintain reasonable and proper control of the vehicle she was operating; C. failing to obey traffic and stop signs; d. operating her vehicle in a careless and reckless manner; e. failing to yield the right-of-way to Plaintiff, failing to comply with the provisions of the Pennsylvania Vehicle Code, Title 75 of the Pennsylvania Code, specifically as they relate to the above- mentioned acts, in particular 75 Pa.C.S. §§ 3321, 3322, 3323 and 3714. 18. The negligence, negligence per se, carelessness, and recklessness of Defendant Jean Kurtz was the direct and proximate cause of the collision and Plaintiff s injuries for which Defendant Jean Kurtz is solely liable and/or jointly and severally liable, along with Defendant Ken Kurtz Campers. 19. Plaintiff's damages exceed the applicable limits of arbitration and a jury trial is demanded. WHEREFORE, Plaintiff demands judgment against Defendant Jean Kurtz for compensatory damages in an amount in excess of $35,000, together with interest, costs of suit, and delay damages. COUNT II Jessica Siothour Hoover v. Ken Kurtz Campers 20. The allegations contained in the preceding paragraphs are incorporated by reference. 21. At all relevant times, Defendant Jean Kurtz was an employee, agent, or servant of Defendant Ken Kurtz Campers. 22. At all relevant times, Defendant Jean Kurtz was acting within the course and scope of her employment, agency, or service of Defendant Ken Kurtz Campers. 23. Defendant Ken Kurtz Campers is vicariously liable for the conduct of Defendant Jean Kurtz. 24. Plaintiffs damages exceed the applicable limits of arbitration and a jury trial is demanded. 4 WHEREFORE, Plaintiffs demand judgement against Defendant Ken Kurtz Campers for compensatory damages in an amount in excess of $35,000, together with interest, costs of suit, and delay damages. Date: A- k/ KATHERMAN, BRIGGS & GREENBERG ?r Timothy L. ore, Esq. Attorney PA 77398 7 East Mar Street York, PA 17401 Phone: 717-848-3838 Fax: 717-854-9172 Attorney for the Plaintiff VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. u ?r1 c> o -TI z; - u r 1 i -„ lG -G 8 Katherman, Briggs & Greenberg, LLP By: Timothy L. Salvatore, Esq. Attorney ID No. PA 77398 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA SLOTHOUR HOOVER, CIVIL ACTION - LAW Plaintiff V. NO. 06-3409 - CIVIL TERM JEAN KURTZ and KEN KURTZ CAMPERS, Defendants JURY TRIAL, DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint filed in the above-captioned matter. KATHERMAN Date: TimothTL. re, Esq. Attorney A 77398 7 East Mar treet York, PA 17401 Phone: 717-848-3838 Fax: 717-854-9172 Attorney for the Plaintiff !^d _* ! i - ? ?lZ r_+ -'R ?i 11'? r rn7 .. ?Ii! _/ 'l..] Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 hs@jdsw.com Attorneys for Defendants JESSICA SLOUTHOUR HOOVER Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3409 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendants in the above-captioned matter. DUFFIE, STEWART & WEIDNER Date: '711_0kG Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on -Duo Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B qJeff ( ?r Esqui rre on Sh_ipma,Esquire .. : 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants 279409 .' k ?_ , r-. - :? - -? _,_, c: ? ? - ? e> ?. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attomeys for Defendants JESSICA SLOTHOUR HOOVER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JEAN KURTZ and KEN KURTZ NO. 06-3409 CIVIL TERM CAMPERS, Defendants JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attomeys for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. Date 279413 N, DUFFIE, STEWART & WEIDNER (46% Won J. Shipftn, Esquire ,Attorneys I.D. #: 51785 Attorneys for Defendants G Johnson, Duffe, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 is@jdsw.com Attorneys for Defendants JESSICA SLOTHOUR HOOVER Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3409 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS JEAN KURTZ ANN KEN KURTZ CAMPERS AND NOW, come the Defendants Jean Kurtz and Ken Kurtz Campers by and through their attorney Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs Complaint as follows: 1. Admitted in part, denied in part. It is admitted that Plaintiff Jessica Slothour Hoover is an adult individual. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of remaining averments of Paragraph 1 and the same are therefore denied. 2. Admitted. G 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments *' contained in Paragraph 13 relating to Plaintiffs injuries and the same are therefore denied and strict proof demanded at trial. 14. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and relating to Plaintiffs injuries and the same are therefore denied and strict proof demanded at trial. COUNTI Jessica Slothour Hoover v. Jean Kurtz 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 16. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at trial. 17. Denied. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 and the same are therefore denied and strict proof demanded at trial. WHEREFORE, The Defendants, Jean Kurtz and Ken Kurtz Campers, respectfully request that judgment be entered it their favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer, the Defendants interpose the following New Matter Defenses: 20. That Plaintiff has failed to state a cause of action for which relief may be granted. 21. That Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 23. That the Plaintiffs comparative negligence included, without limitation, the following: (a) Driving at an unsafe speed for traffic conditions; and (b) Inattentiveness while driving. 24. That the Plaintiffs comparative negligence was a substantial factor, or factual cause, in the alleged accident and injuries. 25. That the Plaintiffs alleged cause of action may be barred or limited by the Pennsylvania Financial Responsibility Law. 26. That if it is found that Defendants were negligent, which is denied, then Defendants' negligence was not a substantial factor, nor the factual cause of Plaintiffs alleged injuries. WHEREFORE, the Defendants, Jean Kurtz and Ken Kurtz Campers, respectfully requests that this Honorable Court enter judgment in their favor and that Plaintiffs Complaint be dismissed with prejudice. JOHNSON, DUFFIE, STEWART & WEIDNER Date: 7 ! ??txv 279168 Peff~J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com Attorneys for Defendants r." VERIFICATION I, Jean Kurtz, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. Jean DATE: 279412 i CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on '7 2 S D Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER JeffVrson J.-Shipman, Esquire I.D./#: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants -?? -_ { - , •, . -_ ?. Katherman, Briggs & Greenberg, LLP By: Timothy L. Salvatore, Esq. Attorney ID No. PA 77398 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA SLOTHOUR HOOVER, Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants CIVIL ACTION - LAW NO. 06-3409 - CIVIL TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER 20.-26. - The allegations contained in these paragraphs are conclusions of law to which no response is required. To the extent that a response is required, the allegations contained in these paragraphs are denied generally, pursuant to Pa.R.C.P. 1029. Respectfully submitted, KATHERMAN, Date: ! ast k, PA 7E 717-848-383 eb 717-854-9172 Fax Attorney for the Plaintiff Attorney ID No. PA 77398 • 0 VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Katherman, Briggs & Greenberg, LLP By: Timothy L. Salvatore, Esq. Attorney ID No. PA 77398 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA SLOTHOUR HOOVER, Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants CIVIL ACTION - LAW NO. 06-3409 - CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On this day, the attached Reply to New Matter was sent by m rst-class pre-paid mail / 59 facsimile transmission / ? personal delivery / ? commercial overnight delivery to each of the following: Jefferson J. Shipman P.O. Box 109 Lemoyne, PA 17043 717-761-3015 Fax I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 14 KATHERMA GGS & GREENBERG 7 East Mar treet York, PA 17401 717-848-3838 Tele 717-854-9172 Fax d y r Cf?Tr_... 1 00 G S '? y N SHERIFF'S RETURN - REGULAR CASE NO: 2006-03409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOOVER JESSICA SLOTHOUR VS KURTZ JEAN ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KURTZ JEAN the DEFENDANT , at 1100:00 HOURS, on the 20th day of June , 2006 at 1903 WAGGONERS GAP ROAD CARLISLE, PA 17013 by handing to JEAN KURTZ a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40i?y? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 ? 06/27/2006 7 2(/o G KATHERMAN BRIGGS GREENBERG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOOVER JESSICA SLOTHOUR VS KURTZ JEAN ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEN KURTZ CAMPERS the DEFENDANT , at 1100:00 HOURS, on the 20th day of June , 2006 at 1903 WAGGONERS GAP ROAD CARLISLE, PA 17013 by handing to JEAN KURTZ ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 i?,?•C P Postage .39 Surcharge 10.00 R. Thomas Kline .00 16.39? 06/27/2006 KATHERMAN BRIGGS GREENBERG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com JESSICA SLOTHOUR HOOVER Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3409 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. FFIE, STEWART &eWEIDNER By: JeffAfrson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: 114o? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on r!1_g Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff son J. Shipman, Esquire Att ey I.D. No. 517,85 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 bs@j'dsw.com JESSICA SLOTHOUR HOOVER Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants TO: Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff RY PLEASE TAKE NOTICE that Defendants intend to serve three (3) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFLE, STEWART & WEIDNER DATE: j X161 6 -7 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-3409 CIVIL TERM : JURY TRIAL DEMANDED By: J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on 1 r7 Timothy L. Salvatore, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401-1205 Attorneys for Plaintiff JOHNS , DUFFIE, STEWART & WEIDNER By. J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant a n C JESSICA SLOUTHOUR HOOVER Plaintiff V. JEAN KURTZ and KEN KURTZ CAMPERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 06-3409 CIVIL TERM : JURY TRIAL DEMANDED STIPULATION OF COUNSEL IT IS HEREBY Stipulated and agreed, by and between Timothy Salvatore, counsel for Plaintiff, and Jefferson J. Shipman, counsel for Defendants, that the above- captioned case is discontinued as to Ken Kurtz Campers. Katherman, BrAs 8,Preenberg, LLP By Ti of ? ?' vatore, Esquire 7 East pll t Street Date:3 York, P 401-1205 M Attorneys for Plaintiff JOHNSjON, DUFFIE, STEWART & WEIDNER Yf6rson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com D ates: 3 I X16 Attorneys for Defendants 32 Q C -n - -r., I J M C'n ` cn Katherman, Briggs & Greenberg, LLP By: Timothy L. Salvatore, Esq. Attorney ID No. PA 77398 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSICA SLOTHOUR HOOVER, ! CIVIL ACTION - LAW Plaintiff V. NO. 06-3409 - CIVIL TERM JEAN KURTZ and KEN KURTZ CAMPERS, Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above action settled and satisfied. Respectfully submitted, KATHERMAN, BRK (,-4?&, qf'IBERG, LLP Date: 10145 0 0 By: =bt] T78 tore, Esquire n PA 77398 7 East eet York, Phone3838 Fax: 717-854-9172 Attorney for the Plaintiff f ~? ,;;?,:' . Q rte{ .?-; ? ?? ? r ? ?..: ??. ?.,, ? ? `.?° ? ,?; ,?r .. ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYIYANIA s a i - Jessica Slothour Hoover CIVIL ACTION—LAW ._ Plaintiff cnr - Jean Kurtz and Ken Kurtz Campers, FILE NO. 06-3409 -- Defendant � JURY TRIAL DEMANDED MOTION TO REDACT AND NOW comes Plaintiff, Jessica Slothour Hoover, by and through her attorneys, Timothy L. Salvatore and Katherman, Briggs and Greenberg, to hereby request that this Honorable Court enter an Order to Redact pages 35 through 37 for the above referenced docket from the Court's Laser Fiche Public Access System and all public records, and in support thereof, avers as follows: 1. On or about December 5, 2007 three (3) Subpoenas to Produce Documents were filed in the above referenced matter by Defendants' counsel, Jefferson J. Shipman. Copies of the documents are attached hereto as "Exhibit A". 2. Those documents were placed in the Cumberland County Laser Fiche Public Access System in pages 35 through 37. 3. On the face of each Subpoena was listed the date of birth and social security number of the Plaintiff which is private information, not meant for public view and use. 4. Said information is currently accessible to the public so long as it remains public record. 5. In order to protect the Plaintiff, pages 35 — 37 in this matter should be redacted and removed from the Laser Fiche Public Access System and all public records of this Court. WHEREFORE, Plaintiff, Jessica Slothour Hoover, respectfully requests this Honorable Court issue an Order to Redact pages 35 —37 from the Laser Fiche Public Access System and all public records of this Court. Respectfully Sub 5'11P :,, /� Date: Oho/ /i J//„ 1 Timot y L i) fore, Esquire KATHERM ":RIGGS&GREENBERG 7 East Mark: Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for the Plaintiff Attorney ID No. PA 77398 EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • Jessica Slouther Hoover, • Plaintiff vs. File No.06-3409 • Jean Kurtz and Ken Kurtz Campers, • Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Joel W. Wirier (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things:any and all medical records,correspondence,repo and diagnostic test results pertaining to Jessica Slothour Hoover DOB SSN: at Johnson. Duffle,Stewart&Wgidner, X01 Market Street, P.Q. Box 109, Lemoyne, PA 17043. • You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J.Shipman,Esquire ADDRESS: 301 Market Street Lemoyne.PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: • 51785 ATTORNEY FOR: • Defendants BY THE COURT: �eo - r thonotarylClerk, Civil DI ion t�P1C�ut r. • U Dery • DATE: icy Jc5/o7 Seat of a Court (Elf.7!97} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jessica Slouther Hoover, Plaintiff vs. File No.06-3409 Jean Kurtz and Ken Kurtz Campers, • • Defendants SUBPOENA TO PRODUCE DQCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RVLE 4009.22 TO: Hanover Orthopaedic Associates Inc. (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:an and all medical s corns nde ce r and is nostic test results oertalnina to Jessica Slothour Hoover DOB, ISSN: at Johnson, Duffle.Stewart&Weidner. 301 Market Street.P.O, Box 109.Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J.Shipman.Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 51785 ATTORNEY FOR: Defendants BY THE COURT:: f j r�f�aQ P. Prdthonotary/Clerk,Civil ision DATE: • /051/01 Seal of t e Court • (Eff.7/97) COMMONWEALTH QF PENNSYLVANIA COUNTY OF CUMBERLAND • Jessica Slouther Hoover, • Plaintiff vs. File No.06-3409 • Jean Kurtz and Ken Kurtz Campers, • Defendants • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr.Glenn Leister (Name of Person or Entity) Within twenty(20)days after set vice of this subpoena,you are ordered by the court to produce the following documents or things:any and all medical records,correso ndence.reports and diagnostic test results Pertaining to Jessica SlotLhqur Hoover at Johnson. Duffle, Stewart&Weidner.301 Market treet, 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 fisted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J.Shipman, Esquire ADDRESS: 301 Market street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID#: 51785 ATTORNEY FOR: Defendants BY THE COURT: othonotary/Clerk, Ci ivision .e.f; DATE: L-2105107• f th Court (Eff.7/97) VERIFICATION Timothy L. Salvatore, Esquire hereby states that he is an attorney in this action, and is authorized to make this verification and states that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief, and that verification cannot be timely obtained from the Plaintiff. The undersigned understands that the foregoing statements are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 7,//) Date: r% ;<./ Timothy `-.0 atore, Esquire K B G KATHERMAN BRIGGS&GREENBERG INJURY LAW John D. Briggs•Dean V. Dominick•Drew P.Gannon•James D.Greenberg•R. Elliot Katherman Evan J. Kline•Jennifer A.Kline•Craig R.Milsten•Nancy Mizerak•Timothy L.Salvatore•Brian P.Strong tsalvatore@kbglaw.com August 7, 2013 Cumberland County Prothonotary ATTN: Renee Simpson One Courthouse Square Carlisle, PA 17013 RE: Hoover vs. Kurtz File No. 06-3409 To Whom It May Concern: Please find enclosed a Motion to Redact, pages 35 through 37 in the Hoover vs. Kurtz matter. File No. 06-3409. Attached to the Motion are the three pages which need to be modified to block the date of birth and social security number of our client. Also, please find enclosed an Order to Redact. Please forward the same to the Judge for his signature and return a filed copy of the Motion as well as the executed Order to my office in the enclosed self-addressed stamped envelope. If you have any question, please feel free to contact me. Sinter /` Ti Iy;/%/ . Salvatore J TLS: mhv Enclosures LIMITED PRACTICE Personal Injury•Workers'Compensation•Wrongful Death•Social Security Disability 7 East Market Street•York, PA 1 7401-1 205•Phone 717 848-3838 or 800 509-1011 •Fax 717 854-9172 Results You Deserve.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Jessica Slothour Hoover CIVIL ACTION—LAW C7) Plaintiff V. Jean Kurtz and Ken Kurtz Campers, FILE NO. 06-3409 Z Defendant JURY TRIAL DEMANDED 2 r-9 ORDER TO REDACT AND NOW,this ay ofA m Cam,V 2013, upon consideration of the Motion filed by Plaintiff,the Prothonotary it is hereby ORDERED to redact and/or otherwise remove from the Cumberland County Court's Laser Fiche Public Access and all public records pages 35 through 37 of the documents filed of record in this matter as said pages contain the Plaintiffs social security number and date of birth which is information that should not be accessible to the public. The Cumberland County Prothonotary is directed to provide a copy of this Order to Timothy L. Salvatore, Esquire. BY THE COURT: J. �/tom f/'3