Loading...
HomeMy WebLinkAbout06-3483SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs, V. DANA SHOVER Defendant for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Oho - 3q#(?3 CIVIL ACTION - LAW 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JACOB WINDEMAKER, JR. : IN THE COURT OF COMMON PLEAS OF and ROSEMARY : CUMBERLAND COUNTY, WINDEMAKER, as husband : PENNSYLVANIA and wife, Plaintiffs, vi. : No. DANA SHOVER Defendant : CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scooper&srklaw.com Attorney for Plaintiff JACOB WINDEMAKER, JR. IN THE COURT OF COMMON PLEAS OF and ROSEMARY CUMBERLAND COUNTY, WINDEMAKER, as husband PENNSYLVANIA and wife, Plaintiffs, V. No. ale -- jqf3 6.,L r--Fea,-l DANA SHOVER Defendant : CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C. and hereby aver as follows: 1. Plaintiffs, JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER have been married as husband and wife at all times relevant hereto and currently and at all times relevant hereto reside at 228 West Broad Street, P.O. Box 214, Elizabethville, Dauphin County, Pennsylvania 17023. 2. Defendant, DANA SHOVER, is an adult individual believed to be currently residing at 107 West Front Street, P.O. Box 141, Lewisberry, York County, Pennsylvania 17339. i 3. The facts which give rise to this cause of action occurred on or about July 2, 2004 in the eastbound inside lane of Lowther Street in Lemoyne, Cumberland County, Pennsylvania at approximately 12:30 p.m. 4. At the time of the accident, the Plaintiff, JACOB WINDEMAKER, JR., was the owner and operator of a motor vehicle that was traveling east on Lowther Street. 5. At the aforementioned time and place, Defendant, DANA SHOVER was pulling out from the Burger King parking lot intending to go across the eastbound lanes and head west on Lowther Street. 6. At the aforementioned time and place, the Defendant, DANA SHOVER, failed to observe the Windemaker vehicle traveling east. 7. The Defendant crossed into Plaintiff's lane, causing a collision with the Windemaker vehicle. 8. The accident was in no way caused or contributed to by the Plaintiff and was solely caused by the Defendant for the reasons set forth below. 9. The accident either caused, aggravated, exacerbated and/or contributed to the injuries set forth below. COUNT I NEGLIGENCE JACOB WINDEMAKER. JR. v. DANA SHOVER 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 2 11. The negligence, carelessness and recklessness of the Defendant, DANA SHOVER, consisted of including but no limited to the following: A. Operating her vehicle at an excessive rate of speed under the circumstances; B. Failing to have her vehicle under proper and adequate control; C. Failing to apply the brakes in time to avoid the collision with the Windemaker vehicle; D. Failing to observe the Windemaker vehicle on the roadway; E. Failing to operate her vehicle according to existing traffic weather conditions and/or traffic controls; F. Failing to keep a reasonable lookout for other vehicles lawfully on the roadway; G. Failing to keep a reasonable lookout; H. Operating her vehicle in a manner not consistent with the road conditions prevailing at the time; 1. Operating her vehicle in a manner so as to create a dangerous situation for other vehicles on the roadway; J. Failing to drive at a speed allowing her to stop within the assured clear distance ahead; 3 K. Failing to drive in a manner allowing her to stop within the assured clear distance ahead; L. Possibly operating her vehicle under fatigue; M. Driving too close to the Windemaker vehicle; N. Possibly falling asleep while driving her vehicle; 0. Possibly operating her vehicle under the influence of a foreign substance; P. Failing to allow for a proper distance between her vehicle and the Windemaker vehicle; Q. Operating her motor vehicle in violation of the Pennsylvania Motor Vehicle Code for careless driving under §3714, which is negligence per se. 12. As a direct and proximate result of the accident, the Plaintiff sustained injuries including but not limited to the following: A. Drooping of Right Eyelid; B. Facial Numbness and Tingling; C. Stiffness of Upper Extremities; D. Headaches; E. Shoulder Pain; and F. Neck Pain. 13. As the sole and proximate result of the Defendant, DANA SHOVER'S, negligence and the injuries sustained in the accident, the Plaintiff incurred medical bills and may continue to incur medical bills 4 for treatment in the future and thus, a claim for these medical bills is made. 14. As the direct and proximate result of the Defendant, DANA SHOVER'S, negligence, the Plaintiff has sustained a loss in wages and may continue to incur lost wages in the future and thus, a claim for these losses is made. 15. As a direct and proximate result of the Defendant, DANA SHOVER'S, negligence, the Plaintiff has undergone in the past and may continue to undergo in the future, great pain and suffering and thus, a claim for these losses is made. 16. As a direct and proximate result of the Defendant, DANA SHOVER'S, negligence, the Plaintiff may have been obliged to spend various sums of money and incur various expenses for the injuries he had suffered and may continue to incur the same in the future and thus, a claim for these losses is made. 17. As a direct and proximate result of the Defendant, DANA SHOVERS, negligence, the Plaintiff may have suffered a permanent diminution of his ability to enjoy life and life's pleasures and may continue to suffer permanent diminution in the future and thus, a claim for these losses is made. 18. As a direct and proximate result of the Defendant, DANA SHOVERS, negligence, the Plaintiff may have and may continue to suffer 5 permanent loss of his earning power and capacity and thus, a claim for these losses is made. 19. As a direct and proximate result of the Defendant, DANA SHOVER'S, negligence, the Plaintiff may have suffered special or general damages, which may be revealed during discovery and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, JACOB WINDEMAKER, Jr., demands judgment of the Defendant DANA SHOVER in an amount in excess of an amount requiring compulsory arbitration. COUNT II ROSEMARY WINDEMAKER v. DANA SHOVER LOSS OF CONSORTIUM 20. Paragraphs 1 through 19 of the Plaintiff's Complaint are incorporated here and by reference made a part thereof as if set forth in full. 21. As the sole and proximate result of the Defendant's negligence, the Plaintiff, ROSEMARY WINDEMAKER, has suffered the loss of society, companionship of services of her husband, due to the injuries sustained and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, ROSEMARY WINDEMAKER demands judgment on the Defendant, DANA SHOVER, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars and in an excess of an amount requiring compulsory arbitration. 6 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. Date: 6113 j E, By: C? ?-' i Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper@srklaw.com Attorney for Plaintiffs VERIFICATION BARED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, JACOB WINDEMAKER AND ROSEMARY WINDEMAKER, hereby verify that we are the Plaintiffs in the foregoing action and that the attached Complaint is based upon the information that has been gathered by our counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not our. We have read the Complaint, and to the extent that it is based upon information that we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications made to authorities. Date: ( a 43 o 6 Date: JACOB INDEMAKER V N Y i ' ,T1 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scooper(&,,srklaw.com Attorney for Plaintiff JACOB WINDEMAKER, JR. IN THE COURT OF COMMON PLEAS OF and ROSEMARY CUMBERLAND COUNTY, WINDEMAKER, as husband PENNSYLVANIA and wife, Plaintiffs, V. : No. 2006-03483 DANA SHOVER Defendant : CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please reinstate Plaintiff's Complaint in the above-captioned action which was filed in your office on June 19, 2006. Date: `7 / ?/j 6 Respectfully submitted, SCHMIDT KRAMER PC By Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 scooper@srklaw.com Attorney for Plaintiffs 1 --? _.. °"? '-'. _i =? -._J Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants JACOB WINDEMAKER, JR. and IN THE COURT OF COMMON PLEAS ROSEMARY WINDEMAKER, as CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, Plaintiffs V. CIVIL ACTION - LAW DANA SHOVER, NO. 06-3483 Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Dana Shover, within twenty (20) days of service hereof. JOHNSON, DUFFIE, STEWART & WEIDNER DATE: By: W 41/4o4 Wade D. M nl , E q. Attorney I. D. 8 24 Attorneys for DeWdant Shover Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs V. DANA SHOVER, Defendant CIVIL ACTION - LAW NO. 06-3483 JURY TRIAL DEMANDED DEFENDANT, DANA SHOVERS, ANSWER WITH NEW MATTER TO THE PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Dana Shover, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, P.C., and files the following Answer with New Matter to the Plaintiffs Complaint, and in support thereof avers as follows: 1. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; Denied in part. It is admitted that the Defendant, Dana Shover, is an adult individual. The remaining averments in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, the Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant currently resides at 85 Apache Trial, York Haven, York County, PA 17370. 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. Admitted. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. 8. Denied. The averments contained in Paragraph 8 are conclusions of law and fact to which no response is required. 9. Denied. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. COUNT 1- NEGLIGENCE JACOB WINDEMAKER, JR. V. DANA SHOVER 10. The answering Defendant, Dana Shover, incorporates herein by reference her answers to Paragraphs Nos. 1 through 9 above as though fully set forth herein at length. 11. Denied. The averments contained in Paragraph 11 are conclusions of law and fact to which no response is required. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. 13. Denied. The averments contained in Paragraph 13 are conclusions of law and fact to which no response is required. 14. Denied. The averments contained in Paragraph 14 are conclusions of law and fact to which no response is required. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. 16. Denied. The averments contained in Paragraph 16 are conclusions of law and fact to which no response is required. 17. Denied. The averments contained in Paragraph 17 are conclusions of law and fact to which no response is required. 18. Denied. The averments contained in Paragraph 18 are conclusions of law and fact to which no response is required. 19. Denied. The averments contained in Paragraph 19 are conclusions of law and fact to which no response is required. WHEREFORE, the Defendant, Dana Shover, respectfully requests that this Honorable Court enter judgment in her favor and dismiss the Plaintiffs Complaint with prejudice. COUNT II ROSEMARY WINDEMAKER V. DANA SHOVER LOSS OF CONSORTIUM 20. The answering Defendant, Dana Shover, incorporates herein by reference her answers to Paragraphs Nos. 1 through 19 above as though fully set forth herein at length. 21. Denied. The averments contained in Paragraph 21 are conclusions of law and fact to which no response is required. WHEREFORE, the Defendant, Dana Shover, respectfully requests that this Honorable Court enter judgment in her favor and dismiss the Plaintiffs Complaint with prejudice. NEW MATTER 22. The Plaintiffs' injuries and damages are not caused by any acts, omissions, and/or breaches of duty by Defendant. 23. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 24. Any damages that the Plaintiffs may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, at seq. 25. The Plaintiffs' claims and/or alleged losses are barred and/or limited by the Limited Tort Option pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. If it should be found that there was any negligence on the part of the Defendant, which negligence is specifically denied, any such negligence was not a proximate cause of the Plaintiffs harm. 27. The Plaintiffs may have failed to mitigate their damages. 28. Any negligence on the part of the Defendant, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiffs. 29. This accident may have been avoidable. 30. This accident may have been caused by a sudden emergency. 31. If the Plaintiff suffered the injuries alleged in the Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 32. Plaintiff may have assumed the risk of any injuries he allegedly sustained. 33. Plaintiffs' cause of action may be barred by the applicable Statute of Limitations. Respectfully submitted. JOHNSON, DUFyFIE, STEWART & WEIDNER By: I,r V A FI ' 1a"?-J Wade D. Mbnle, E quire I. D. No. 87244 301 Market Street' P O Box 109 Lemoyne, PA 17043-0109 (717) 781-4540 Counsel for Defendant Shover WDM:ead:280892 VERIFICATION I, Dana Shover, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document 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. §4904, relating to unsworn falsification to authorities. Dana Shover Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the L day of 2006, addressed to the following: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHN 70 I, DUFFIE, STEWART & WEIDNER tarleen S Jensen M1> c^} ??? T r. ?? 5", ? rte'` ? ?? 4 ? ' t' d? ? t _1'7. !_ -.?: - - - "'? ? ,?' C J f_> G? :`t `Aj ? SHERIFF'S RETURN - OUT OF COUNTY ti r CASE NO: 2006-03483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDEMAKER JACOB JR ET AL VS SHOVER DANA R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SHOVER DANA but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 11th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 35.02 Sheriff of Cumberland County Postage 1.26 73.28 ? G-a?.?4 08/11/2006 SCHMIDT RONCA KRAMER Sworn and subscribe to before me this day of A. D. YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net f i COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE(717) 771 9601t, 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LM 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER Jacob Windenaker Jr et al 06-3483 civil 4 TYPE OF WRIT OR COMPLAINT C I C A 3 DEFENDANT/S/ Dana Shover Notice & Complaint, reinstated SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD J?? hover (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY. BORO. TWP .STATE AND ZIP CODE) AT 85 Apache Trail #141 York Haven, PA 17370-9412 7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE ER MAI U 1ST CLASS MAIL U POSTED U OTHER NOW July 17 Ub , 20 I, SHERIFF OF COUNTY, PA do hereby deg tize the sheriff of York COUNTY to execute t ? e?aktur f•according to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERV`VEf COUNTY Oberland Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURESCOTT B. C O O P E R , ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 209 STATE STREET HARRISBURG, PA 17101 1717-232-6300 7/14/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SrHMff - DO NOT WRITE BELOW TM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as i n d i c a t e d above. M J M C G I L L Y C S O 7/18/2006 18/13/2006 16. HOW SERVED PERSONAL X) RESIDENCE A POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SFRVFn i I IST AnnRCCS WPM: IF srnT swnunl ARnvc roer?.....w..., ne._ . .. .. .,?_ _. ?__.._. 23. Advance Costs 24 Service Colts 25 N/F 26 Mileage J2 100.00 - o (1 iab? I 34. Foreign County Costs 35. Advance Costs 36 ServiceCosts 41. AFFIRMED and subscribed to Dgf me 42. day It C2Pk4OWEjjW? NOTARIAL SE`AL'-zcnn ._ " LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 inuu cn/IlC ocrnoT nr ruc cu?ocr c oar, ,? 20 Time of Service ostage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs Due eZn_d heck No .6 3s, oa (? .9 37 Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 44. Signature of 45. QAXX rN_Dep. Sheriff / 46. Spun She fill ork C 47 DA E WILLIAM HOSE S RIFF 8/2/06 48 Signature of Foreign 49 DATE County Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDEMAKER JACOB JR ET AL VS SHOVER DANA R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SHOVER DANA but was unable to locate Her deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 11th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. o K ine Dep York County 35.91 Sheriff of Cumber and County Postage 3.18 76.09 ry/?y/a C 07/11/2006 SCHMIDT RONCA KRAMER Sworn and subscribe to before me this day of A. D. YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5!%5 Fax (717) 848-8936 email: ybf@blazenet.net `T COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRWTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY I-P& 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 C9 RT NUMBER Jacob WindEmaker Jr et al 06-3483 civil 3. DEFENDANT/S/ Dana Shover Trt Ui' VVKI1 UK DUMP-LARV 1 Notice, Compalint, SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Dana Shover 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO. TWP. STATE AND ZIP CODE) AT 107 West Front Street Lewisberry, PA 17339 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE U C RT IL U 1ST CLASS MAIL U POSTED J OTHER NOW June 21 .20 06 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th rf make retur f•according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF INOWOUNT-Y 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SE r Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE S C O B C 0 1' E S Q . 10. TELEPHONE NUMBER 11 DATE FILED 209 STATE STREET, HARRISBURG, PA 17101 Kraner, PC c1a. & 717-232-6300 6/19/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLANI' CO, SHERIFF SPAN BELOW FOR USE OF THE 0E30* - DO NOT WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or Complaint as indicated above- M J M C G I L L Y C S O 16/22/2 0() 6 7/ 19/ 20C6 16. H SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. E AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTSI Date I Time I Miles I Int. I Date I Time I Miles I Int I Date I Time I Miles I Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. 22. .REMARK&r,,?ta??scG??Uz, d?u??d?? 6tda.. h? ?pv?ed V 23. Advance Costs 24 ice Costs 25 N/F 26 Mill age 127 Postage . Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs D or Refund ICbeck No 100.00 ,9 CO 190b 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 42 ?M?L LIOA L. B TA OF YORK, YORI 41. 7MYCOMMISSION ?C EXPIRESAUG. 12, 2009 44. Signature of 45 DATE Dep. Sheriff 46. Signature of York 47 DATE County SheriR L FOR:WILLIAM M HOSE SHERIFF 7/5/06 48 Signature of Foreign 49 DATE r_nun1w Shenf . SCHMIDT KRAMER PC By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scoope ,schmidtkramer.com Attorney for Plaintiffs JACOB WINDEMAKER, JR. IN THE COURT OF COMMON PLEAS OF and ROSEMARY CUMBERLAND COUNTY, WINDEMAKER, as husband PENNSYLVANIA and wife, Plaintiffs, V. No. 2006-03483 DANA SHOVER Defendant CIVIL ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 22. Paragraph 22 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 22 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 23. Paragraph 23 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 23 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 1 24. Paragraph 24 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 24 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 25. Paragraph 25 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 25 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. By way of further answer, Plaintiffs had full tort at the time of accident as evidence by Liberty Mutual Insurance Letter which has already been produced in discovery. 26. Paragraph 26 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 26 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 27. Paragraph 27 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 27 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 2 28. Paragraph 28 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 28 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 29. Paragraph 29 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 29 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 30. Paragraph 30 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 30 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 31. Paragraph 31 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 31 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 32. Paragraph 32 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of 3 • 1 Paragraph 32 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. 33. Paragraph 33 of Defendant's New Matter is conclusion of law to which no response is deemed required. By way of further answer to the extent a responsive pleading is deemed required the averments of Paragraph 33 are denied and strict proof is demanded thereof from Defendant prior to the time of trial. WHEREFORE, Plaintiff's respectfully request that this Honorable Court strike the Defendant's New Matter and enter judgment in their favor as requested in the Complaint. SCHMIDT KRAMER PC DATE: ,)7 BY. X?k/ Scott B. Cooper, Esquire Attorney I.D. # 70242 209 State Street Harrisburg, PA 17011 (717) 232-6300 (717) 232-6467 Fax scoopert'a),schmidtkramer. com Attorney for Plaintiffs 4 ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiffs, Jacob Windemaker and Rosemary Windemaker. I verify that the facts contained in the foregoing Plaintiffs Reply to Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: O ///--J Scott B. Cooper CERTIFICATE OF SERVICE AND NOW, this 1!?day of NOJ4 2007, I hereby certify that I have, this day, caused a copy of the foregoing AINTIFF'S REPLY TO DEFENDANT'S NEW MATTER to be served by deposit in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: First Class Mail: Wade D. Manley, Esquire Law Offices of Johnson Duffie P.O. Box 109, 301 Market Street Lemoyne, PA 17043 SCHMIDT KRAMER PC By: Scott B1 Cooper, Esquire I. D.# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com Attorney for Plaintiffs C? N C) i °'fi c-h f ri ?J T? Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, v. DANA SHOVER, Plaintiffs Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3483 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 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, are attached to this certificate; 3) No objection to the subpoenas has been received and a copy of the waiver of the 20-day objection period is attached; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: 6filliA _ Wade anley, Esquire Attor .D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 11(0100 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs V. DANA SHOVER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3483 JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Scott B. Cooper, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the medical and employment records from Milton S. Hershey Medical Center, Harrisburg Hospital, Community General Osteopathic Hospital, Pennsylvania Spine Institute, East Shore Medical Center, Evelyn g. Frederick Health Center, Memorial Eye Institute, AP Williams, Inc., B&R Construction Services, Inc. and American Aluminum & Insulation Company, Inc. Date: / By: I ?7 ke Scott B. Cooper, Esquire Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, v. DANA SHOVER, Plaintiffs Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3483 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JACOB WINDEMAKER, JR. c/o Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER Wade D. Manley, Esquire Attorney I.D. No: 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: C)\ Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR and ROSEMARY WINDENL KER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Milton S. Hershey Medical Center Attn: Health Information Services H U 24, P.O. Box 850, Hershey PA_ 17033 (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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, MRI reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D. Manley, Esquire., Johnson Duffie Stewart & Weidner, 301 Market Street Lemome PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley, Esquire, Johnson Duffie Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital, 111 South 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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, MRI reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D. Manley, Esquire., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley, Esquire, Johnson, Duffie, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic Hospital, 4300 Londonderry Road, Harrisburg, PA 17109 (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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, MRI reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D. Manley, Esquire., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley, Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Spine Institute Lori Dunn D.O 805 Sir Thomas Court. Harrisburg PA 17109 (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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, NM reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O,B.: 04/26/1954; Social Security No.: 16646-3037. at Wade D. Manley, Esquire. Johnson Duffle Stewart & Weidner, 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley Esquire Johnson Duffle Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Shore Medical Center, 2405 Linslestown Road, Harrisburg, PA 17110 (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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, MRI reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D. Manley Esquire. Johnson Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) . You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley, Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR_ and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Evelyn G Frederick Health Center, 1000 Evelyn Drive Millersburg PA 17061 (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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, MRI reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D Manley Esquire Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley Esquire Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, J R_ and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs VS. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Memorial Eve Institute 4100 Linglestown Road Harrisburg PA 17110 (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 all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports/films, MRI reports/films, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D Manley Esquire Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D Manley Esquire Johnson Duffle Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Sea] of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AP Williams Inc 3035 North Progress Avenue Harrisburg PA 17110 (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 all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D Manley Esquire Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: B & R Construction Services Inc 7045 Blue Ridge Avenue Harrisburg PA 17112 (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 all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Jacob F. Windemaker; D.O.B.: 04/26/1954; Social Security No.: 166-46-3037. at Wade D Manley Esquire Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne. PA 17043 (Address) You may deliver, or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D Manley Esquire Johnson Duffie Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR and ROSEMARY W1NDEMAKER, as husband and wife, Plaintiffs VS. DANA SHOVER, Defendant File No. 06-3483 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: American Aluminum & Insulating Comyany Inc 150 Fulling, Mill Road Middletown, PA 17057 (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 all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Jacob F. Windemaker; D.O.B.: 04126/1954; Social Security No.: 166-46-3037. at Wade D Manley Esquire Johnson. Duffie Stewart & Weidner, 301 Market Street, Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D Manley, Esquire Johnson Duffle Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this day of '?GCti'V?lCxr^ , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eli eth L. Ziegl :319808 22740-2122 . • CERTIFICATE OF SERVICE AND NOW, this day of 5 , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoin ocument upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: La?=? K I' '4'?) '--"(,J <? Eliza et L. Ziegler :319808 22740-2122 r"' n P' ?':a _ ?„.? ,,..... L,... '? r? r:?, Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, v. DANA SHOVER, Plaintiffs Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3483 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby 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 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, are attached to this certificate; 3) No objection to the subpoena has been received and a copy of the waiver of the 20-day objection period is attached; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. ?/J By: Y" 44-X Wade D. Mfiqley, Esquire Attorney I. . o. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 5-/7/00 Attorneys for Defendant 4 A 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 Sch ldtKramer FAX 717.232.6467 www.schmidtkramer.com I N J U R Y L A W Y E R S April 24, 2008 R -C E Jo APR ? 5D 1008 HNSOIV OF / Wade D. Manley, Esquire F? Law Offices of Johnson Duffle P.O. Box 109, 301 Market Street Lemoyne, PA 17043 Re: Windemaker v. Shover Docket No. 06-3483 Dear Wade: I received a notice of intent to serve the subpoena on Liberty Mutual and we will waive the 20 days notice. Please forward to me copies of any documents you receive in response to the subpoena. Thank you for your cooperation. Very truly yours, SCHMIDT KRAMER PC Z/ I / Scott B. Cooper Attorney at Law SBC/das Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, v. DANA SHOVER, Plaintiffs Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3483 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JACOB WINDEMAKER, JR. c/o Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: Wa a D. nley, Esquire Attorne I. No. 87244 301 Mar t Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Z{ (zTi/aQ Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JACOB WINDEMAKER, JR and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs vs. DANA SHOVER, File No. 06-3483 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Liberty Mutual, 175 Berkeley Street. Boston, MA 02117 (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 all documents including entire first-party benefits file, all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining to Jacob F. Windemaker; D.O.B: 04/26/1954; Social Security No.: 166-46-3037; Policy No.: A02-281-733398-804-4. at Wade D. Manley, Esquire., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: Wade D. Manley, Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Sea] of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this &rD44 day of , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER `2h By: Eli eth L. Zi er :330405 22740-2122 CERTIFICATE OF SERVICE AND NOW, this r, day of AWk , 2008, the undersigned does hereby certify that she did this date serve a copy of the fore". g document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEI By: Elizab5e h L. Ziegler :330405 22740-2122 n ? C? m .' vt -? k& _Z? SCHMIDT KRAMER PC By: Scott B. Cooper, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax Attorney for F JACOB WINDEMAKER, JR. and ROSEMARY WINDEMAKER, as husband and wife, Plaintiffs, V. DANA SHOVER Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-03483 CIVIL ACTION - LAW intiffs OF PRAECIPE TO SETTLE. DISCONTINUE AND END TO: Cumberland County Prothonotary Office One Courthouse Square Carlisle, PA 17013-3387 Please mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully submitted, SCHMIDT KRAMER PC Date: _?),25/? By: Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End upon all parties or counsel of record by depositing a copy of same in the United States Mail" at Lemoyne, Pennsylvania, with first-class postage prepaid on the ZSt- day of WA"'1" 2009, addressed to the following: Scott B. Cooper, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Man y, Esquire Attorney I. D. No. 7244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Dana Shover c? ? rv'? ?? ?w r,y ? ?'' ? ` rn - ?- _ ?M ..4.?. l_a ! 4l ? ??