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HomeMy WebLinkAbout06-6196 ORIGINAL ROBERT FARNER AND HOLLY IN THE COURT OF COMMON PLEAS FARNER, HUSBAND AND WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 4WI CIVIL ACTION - LAW ASHLEY GRAYBILL, Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Phone: 717.249.3166 or 800.990.9108 t ROBERT FARNER AND HOLLY IN THE COURT OF COMMON PLEAS FARNER, HUSBAND AND WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. lJLs L? l.[U?? CIVIL ACTION - LAW ASHLEY GRAYBILL, Defendant JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, Robert Farner and Holly Farner, husband and wife, by and through their attorney, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this Complaint: 1. Plaintiffs, Robert Farner and Holly Farner, husband and wife, are adult individuals residing at 7 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Ashley Graybill, is an adult individual residing at 724 North High Street, Duncannon, Perry County, Pennsylvania 17020. 3. The events giving rise to this cause of action occurred at approximately 3:55 p.m. on or about November 16, 2004 at the intersection of State Routes 11-15 (Enola Road) and Market Street, East Pennsboro Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Robert Farner, was operating a 1997 Chevrolet motor vehicle in which Plaintiff, Holly Farner, was a passenger, and, upon the traffic light turning green, he proceeded on Market Street through the intersection with 1 Routes 11-15 (Enola Road) when his vehicle was struck on the passenger side by Defendant, Ashley Graybill, who was operating a 1995 Saturn automobile which was traveling on Routes 11-15 (Enola Road) and which failed to stop at the red traffic light, thereby causing the collision and injuries giving rise to this cause of action. 5. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Ashley Graybill, in that she: a) violated Section 3111 of the Vehicle Code on "Obedience to traffic-control devices" and thus is negligent per se, 75 Pa.C.S.A. 3111; b) failed to obey the traffic control signal at the aforesaid intersection; c) violated Section 3112(a) (3) of the Vehicle Code on "Steady red indication" of "Traffic- control signals" and thus is negligent per se, 75 Pa.C.S.A. 3112(a)(3); d) failed to stop her vehicle at the steady red signal of the traffic control signal at the aforesaid intersection; e) ran a red light: f) failed to yield the right of way to the other vehicle in the aforesaid intersection; 2 g) failed to maintain her vehicle under proper and lawful control; h) failed to stop before causing an accident; i) failed to keep a proper lookout; j) failed to see what she should have seen; k) failed to notice the imminence of an accident and to take the necessary steps to avoid the same; and 1) acted without regard for the safety and rights of other motorists, including Plaintiff. 6. The negligent, careless and/or reckless conduct of Defendant, Ashley Graybill, was a substantial factor and the legal cause in causing the damages and injuries to the Plaintiffs, Robert Farner and Holly Farner, as alleged in detail below. Count I: Plaintiff Robert Farner v. Defendant Negligence 7. The allegations set forth in paragraphs 1 through 6 above are incorporated herein by reference as if set forth in full. 8. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) a concussion; 3 b) a severe cervical strain; C) bilateral traumatic bursitis; d) a left arm sprain and contusion as well as swelling, especially at the forearm, including a left wrist TFCC tear requiring surgery; e) a right lower leg contusion over the anterior tibial region; f) severe headaches; g) myofascial-type pain with muscle strain in the neck, thoracic and scapula as well as lower thoracic and lumbar without radiculopathy; and h) a partial tear in the peroneal collateral ligament. 9. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has been obligated to receive and undergo medical attention, care and expenses for the injuries he has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has suffered a loss of earnings and/or impairment of his earning capacity and power and may continue to so suffer for an indefinite time in the future. 4 11. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities, and in the future may continue to so suffer. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 13. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Robert Farner, demands judgment against Defendant, Ashley Graybill, in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. Count II: Plaintiff Holly Farner v. Defendant Loss of Consortium 14. The allegations set forth in paragraphs 1 through 13 5 above are incorporated herein by reference as if set forth in full. 15. At all relevant times herein, Plaintiffs, Robert Farner and Holly Farner, were lawfully and continuously married. 16. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, Robert Farner. WHEREFORE, Plaintiff, Holly Farner, demands judgment against Defendant, Ashley Graybill, in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. Count III: Plaintiff Holly Farner v. Defendant Negligence 17. The allegations set forth in paragraphs 1 through 16 above are incorporated herein by reference as if set forth in full. 18. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) a severe cervical strain; b) a severe musculoskeletal strain; C) aggravation of the left C6-7 posterior 6 foraminotomy with exploration and decompression of the left C7 nerve root performed on October 29, 2004, 18 days before the instant collision; d) neck discomfort and pain radiating into her left upper extremity; e) paresthesias or numbness that involves all of the fingers of the left hand; f) generalized arthralgia, myalgia and contusions with significant neck, shoulder and arm pain; g) low back pain giving sciatic symptoms into the right hip and the right leg; and h) severe headaches. 19. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has been obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 20. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has suffered a loss of earnings and/or impairment of her earning capacity and power and may continue to so suffer for an indefinite time in the future. 7 21. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities, and in the future may continue to so suffer. 22. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 23. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Holly Farner, has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Holly Farner, demands judgment against Defendant, Ashley Graybill, in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. Count IV: Plaintiff Robert Farner v. Defendant Loss of Consortium 24. The allegations set forth in paragraphs 1 through 23 8 above are incorporated herein by reference as if set forth in full. 25. At all relevant times herein, Plaintiffs, Robert Farner and Holly Farner, were lawfully and continuously married. 26. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Ashley Graybill, the Plaintiff, Robert Farner, has suffered a loss of consortium, society and companionship of his wife, the Plaintiff, Holly Farner. WHEREFORE, Plaintiff, Robert Farner, demands judgment against Defendant, Ashley Graybill, in an amount in excess of the compulsory arbitration limits plus costs and interest as provided by law. RESPECTFULLY SUBMITTED: Jlz? Da 'J. post r,"4Esquire I.D. No. 231 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFFS -113 DATED: October 2006. 9 VERIFICATION I, Plaintiff, Robert Farner, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understana LnaL 1d15c statements made herein are subject to the penalties at 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. nl ? x Robert Farner -1116 DATED: October 2006. 10 VERIFICATION I, Plaintiff, Holly Farner, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 6, ?J w Holly arner DATED: October , 2006. 11 VI CI7 '^C (100 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 ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant TO THE PROTHONOTARY: Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendant, Ashley Graybill, in the above-captioned matter. Z;e N, DUFFIE, STEWART & WEIDNER erson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Date: 12-1114<e 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, postage prepaid, in Lemoyne, Pennsylvania, on dlo David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Je rsb? J. Shipman, Esquire 11Y. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 287813 ,.- W C:7 - rri T71 \i z cn =' J .? ? N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06196 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARNER ROBERT ET AL VS GRAYBILL ASHLEY 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: GRAYBILL ASHLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 1st , 2006 , this office was in receipt of the attached return from PERRY . Sheriff's Costs: So answer._ n Docketing 18.00 Out of County 9.00 Surcharge 10.00 R Thomas Kline Dep Perry County 49.70 Sheriff of Cumberland County Postage 1.26 8 7. 9 6 140 (/v 6 , 11/01/2006 COSTOPOULOS FOSTER FIELDS Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Robert Farner et al v5. Ashley Graybill No. 06-6196 civil Now, October 25, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of po=z County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -Pool Sheriff of Cumberland County, PA Affidavit of Service Now, October 28, 520 06 , at 9:32 o'clock A within Notice & Complaint upon Ashley Graybill at 724 N. High St. Duncannon Borough, PA 17020 by handing to Kelly Graybill, Defendants Mother a True & Attested and made known to M. served the copy of the original Notice & Complaint Her the contents thereof. So answers, Aaron D. Richards Sworn and subscribed before me this /54-day of G , 20o(,p (, Deputy Sheriff of Perry County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT MARGARET F, FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY . MY COMMISSION EXPIRES FE-8j 16, 2008 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 Attorneys for Defendant ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED NEW MATTER NOTICE TO: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. 5,ON, DUFFIE, STEWART & WEIDNER JOHN, DATE: 287937 I.D. #: 51785 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Ashley Graybill, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Denied. After reasonable investigation Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1. 2. Admitted. 3. Admitted. 4, Admitted in part, denied in part. It is admitted that there was a collision between Plaintiffs' and Defendant's vehicle at the aforesaid intersection. The remaining averments of Paragraph 4 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. 5. Denied. The allegations of this paragraph, including subparagraphs a) through 1) are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. Count I: Plaintiff Robert Farrier v. Defendant Negligence 7. The Defendant, Ms. Graybill incorporates herein by reference her answers to Paragraphs '1 through 6 above as though fully set forth herein at length. 8. Denied. The averments contained in Paragraph 8 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 8, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 9. Denied. The averments contained in Paragraph 9 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 9, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. The averments contained in Paragraph 10 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 10, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. The averments contained in Paragraph 11 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 11, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 12. Denied. The averments contained in Paragraph 12 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 12, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. The averments contained in Paragraph 13 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 13, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Ashley Graybill, respectfully requests that judgment be entered in her favor and that Plaintiffs' alleged cause of action be dismissed with prejudice. Count II: Plaintiff Holly Farner v. Defendant Loss of Consortium 14. The Defendant, Ms. Graybill, incorporates herein by reference her answers to Paragraphs 1 through 13 above as though fully set forth herein at length. 15, Denied. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. The averments contained in Paragraph 16 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Ashley Graybill, respectfully requests that judgment be entered in her favor and that Plaintiffs' alleged cause of action be dismissed with prejudice. Count II: Plaintiff Holly Farner v. Defendant Negligence 17. Ms. Graybill incorporates herein by reference her answers to Paragraphs 1 through 16 above as though fully set forth herein at length. 18. Denied. The averments contained in Paragraph 18 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 18, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. The averments contained in Paragraph 19 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. The averments contained in Paragraph 20 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 20 and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. The averments contained in Paragraph 21 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 21 and the same are therefore denied and strict proof demanded at the time of trial. 22. Denied. The averments contained in Paragraph 22 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 22 and the same are therefore denied and strict proof demanded at the time of trial. 23. Denied. The averments contained in Paragraph 23 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 23 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Ashley Graybill, respectfully requests that judgment be entered in her favor and that Plaintiffs' alleged cause of action be dismissed with prejudice. Count I: Plaintiff Robert Farner v. Defendant Loss of Consortium 24. Ms. Graybill incorporates herein by reference her answers to Paragraphs 1 through 23 above as though fully set forth herein at length. 25. Denied. After reasonable investigation, the Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 25 and the same are therefore denied and strict proof is demanded at the time of trial. 26. Denied. The averments contained in Paragraph 26 are, in part, 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. After reasonable investigation, Ms. Graybill is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 26 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Ashley Graybill, respectfully requests that judgment be entered in her favor and that Plaintiffs' alleged cause of action be dismissed with prejudice. NEW MATTER 27. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701, et seg. 28. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Limited Tort Option. 29. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 30. That the Plaintiffs' alleged injuries may have been pre-existing. 31. That if it should be found that there was any negligence on the part of the Defendant, which is specifically denied, then in that event any such negligence was not proximate cause nor factual cause of any injuries or harm to the Plaintiffs. 32. That the Plaintiffs' alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 33. That the Plaintiffs' alleged cause of action may have been caused by a dangerous condition of the roadway and/or traffic signals. 34. That the Plaintiffs may have failed to mitigate their damages. WHEREFORE, the Defendant, Ashley Graybill, respectfully requests that judgment be entered in her favor and that Plaintiffs' alleged cause of action be dismissed with prejudice. Respectfully submitted, J ON, DUFFIE, STEWART & WEIDNER J erson J. Shipma , Esquire orneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : ??? 107 Attorneys for Defendant 287937 6 VERIFICATION I, Ashley Graybill, have read the foregoing Answer and 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. §4904. -Z y Graybill DATE: /2 ???/CSZ 288001 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 % Z o David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 'J; J6erson J. Ship an, Esquire I. : : 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 287937 4 L co Costopoulos, Foster & Fields By: David J. Foster, Esquire Attorney I.D. No.: 23151 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Web: www.costog)oulos.com ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs ORiGINAL Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ASHLEY GRAYBILL, Defendant DOCKET NO.: 06-6196 CIVIL JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served, (2) A copy of the Notice of Intent, including the proposed subpoena is attached to this Certificate, (3) All objections to the subpoena have been waived as per the attached writing, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. Date: April 13, 2007 David J. Fost squire Attorney for Plain ills Costopoulos, Foster & Fields By: David J. Foster, Esquire Attorney I.D. No.: 23161 831 Market Street(P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Web: www.costopoulos.com Counsel for Plaintiffs ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 06-6196 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO.SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Costopoulos, Foster & Fields intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena will be served. David J. Foster, squire Attorney for Plaintiffs Date: April 5, 2007 COMMONWEALTH OF PENNSYLVANIA, COUN'T'Y OF CUMBERLAND ROBERT FARNER and HOLLY FARNER, Husband and Wife, Pla*ntiffs FileNo. nf,-F 1 q6 Civil v. ASHLEY GRAYBILL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T041a_tional Comp1 i anrp Cpnt -r, 11760 i14 Highway Ong-, North P&Am Beach, FL 33408 (NlameofPerson orEntity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Account owner: Kelly Graybill Cell Rhone owner: Ashley Graybill at 831 Market St:reP.tT-Lemoyne- PA 1704-3 (Address) 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 -along 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 FCKh a 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: David J. Foster, Esquire ADDRESS: A 11 Mn r I -,,A t P +- r n n f- TELEPHONE: (717) 761-2121 SUPREME COURT ID # 9 31 S 1 ATTORNEY FOR: Plaintiff s Date: S?Q -SeJoftbeCourt BY THE COURT: Prothonotary, Civil Division D ty CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 51 day of April, 2007, a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA, was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Jefferson J. Shipman Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Ashley Graybill BY: COSTOPOULOS, FOSTER & FIELDS Tiffany M. M JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCF, JOHN A.STATLER JEFFERSON J. SHIPMAN RALPH H. WRIGHT, JR MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 OF COUNSEL IiORACE A. JOIINso,,A JOHNSON DUFFIE F. LEE SIIIPMAN (1965-2006) WRITER'S EXT. NO. 146 E-MAIL lcg@jdaw.com April 12, 2007 Re: Robert and Holly Farrier v. Ashley Graybill Cumberland County Common Pleas No. 06-6196 Civil Term Dear Mr. Foster: Mr. Shipman received your Notice Of Intent To Serve Subpoena in the above matter and waives the twenty day waiting period for objections. Please send copies of all records received in response to the subpoena. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Linda C. Greenleaf, P ralegal to Jefferson J. Shipman 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL @ IDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 13TH day of April, 2007, a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA, was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Jefferson J. Shipman Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Ashley GraybN BY: COSTOPOULOS, FOSTER & FIELDS Tiffany M. i ler n ,:I -TI •'1`. 1 ? "??} it ?t-1 Y 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 hs@jdsw.com ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs 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, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNS , DUFFIE, STEWART & WEIDNER By Jeff on J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE 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, first class, postage prepaid, in Lemoyne, Pennsylvania, on David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 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 ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve fourteen (14) 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 subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffer n . Shipman, Esquire I.D. #. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: 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 (o 0 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffe on . Shipman, Esquire I.D. . 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farrier and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Quantum Imagin (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, reports, correspondence, diagnostic test results regarding Robert Farner DOB: 9/22/51 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant Seal of the Court' BY THE COURT: DATE: 26o7 Prot onotary/ iv' ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farrier and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Maanetic Imaoino Center (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, reports, correspondence, diagnostic test results regarding Robert Farner DOB: 9/22/51 SSN: 208-42-2846 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: Defendant BY THE COURT: (IZ4?4 - Pr onotary/Cle , i it rion Deputy DATE: "00? Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (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, reports, correspondence, diagnostic test results regarding Robert Farner DOB: 9/22/51 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: 7 Seal of the Cou BY THE COURT: Pro onotary/ , ivil ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (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, reports, correspondence, diagnostic test results regarding Robert Farrier DOB: 9/22/51 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: 7 Seal of the Court BY THE COURT: Pr . onota7 ivil ivision Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vance R. Stouffer, Jr., M.D. (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, reports, correspondence, diagnostic test results regarding Robert Farrier DOB: 9/22/51 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: JCLL3Er /-Ezevs? Seal of the Court BY THE COURT: Protho tary/Clerk, ivisi Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (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, reports, correspondence, diagnostic test results regarding Holly Farner DOB: 10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Protho otary/Clerk, G7ision DATE: 2007 Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Quantum Imaging (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, reports, correspondence, diagnostic test results regarding Holly Farrier DOB: 10/5154 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: at-17-UL Prothlo'notary/ evil I sion DATE: 6o7 Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farrier and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging (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, reports, correspondence, diagnostic test results regarding Holly Farner DOB:10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant Seal of the Court BY THE COURT: DATE:-11 ??. L ZWJ7 Protho otary/Clerk ivi ' n Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsvlvania Neurolooical Associates (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, reports, correspondence, diagnostic test results regarding Holly Farrier DOB:10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: 2 0(-t?-, i Olt Proth otary /Clerl ivy 6n DATE: %, )/-,u IE: -? ` 6o7 Seal of the Court' Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (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, reports, correspondence, diagnostic test results regarding Holly Farner DOB: 10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Proth notary/Cler Ili sion DATE:T .2aG, Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farrier and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Smith Radiology (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, reports, correspondence, diagnostic test results regarding Holly Farrier DOB:10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: OG? Seal of the Court BY THE COURT: d'4?t? - Prothonotary/., ivil Di ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Polyclinic Medical Center (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, reports, correspondence, diagnostic test results regarding Holly Farner DOB:10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: 2Do7 JILA-3c Seal of the Court BY THE COURT: Protho tary/Cler Ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Christopher S. Cannon (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, reports, correspondence, diagnostic test results regarding Holly Farner DOB:1015/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: JLLA-) g- 2 L. ; 0067 Seal of the Court BY THE COURT: Prot notary/Cler Div' ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farrier and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vance R._ Stouffer, Jr., M.D. (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 reports correspondence diagnostic test results regarding Holly Farrier DOB:10/5/54 SSN: 194-42-9522 at Johnson, Duffie, Stewart & Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: N 11's 19- 21- ZOO 7 Seal of the Court BY THE COURT: 6, Proth notary/Clerk ivi on Deputy (Eff. 7/97) r-a O ... fit Costopoulos, Foster & Fields By: David J. Foster, Esquire Attorney I.D. No.: 23151 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Web: www.costopoulos.com ORIGINAL Counsel for Plaintiffs ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 06-6196 CIVIL JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served, (2) A copy of the Notice of Intent, including the proposed subpoena is attached to this Certificate, (3) All objections to the subpoena have been waived as per the attached writing, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. Date: August 1, 2007. David J. Foste , squire Attorney for Plaintiffs Costopoulos, Foster & Fields By: David J. Foster, Esquire Attorney I.D. No.: 23151 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.costoaoulos.com ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 06-6196 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Costopoulos, Foster & Fields intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena will be served. Qa?? David J. Fos squire Attorney for =laiiffs Date: July 30, 2007. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT FARNER and HOLLY FARNER, Husband and Wife, Plaintiffs FileNo.06-6196 Civil v. ASHLEY GRAYBILL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:AT&T, P.O. Box 24679, West Palm Beach, FL 33416 (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 cell phone records with respect to cell phon number (717) 805-3424 for usage on November 16, 2004. Account owner: Kelly Graybill Cell phone owner: Ashley Graybill at 831 Market Street. P.O_. Box 222, Lemoyne, PA 17043. (Address) 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 malting 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 patty 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:_ David J. Foster, Esquire ADDRESS: -$ 1 Mar-le e t Street Lemoyne, FA 17043 TELEPHONE: 71 7 7 61 _ ? 1 ') 1 SUPREME COURT ID # 2 315 1 ATTORNEY FOR Plaintiff s BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 30' day of JULY, 2007, a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA, was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Jefferson J. Shipman Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Ashley Graybill BY: COSTOPOULOS, FOSTER & FIELDS Tiffany M. iller 07/31/2007 13:30 FAX 717 761 3015 JDS&W 001/001 TVKKY R. ItIC'NAIIU W. STG•t4'ART C tttri' k"F1f)VF.k 11t Itl)NiU?u G. MYERS PAVID W DrLUI:1: 1011N A STNI'l.LK )ErrrlfSON 1. 8111PMAN KAIY1I 1.1. WRIGHT.IR MARK C. DITFIF JOIN It. NINOSKY MICHAUL J. CASSIDY 11r.I.ISSA Wi,Gilr-,EvY R(NSIMT ki WALK1,11 WAT)F. 1). %10:1.1-Y I;I.V.,1B1 f1i 1). SN WER Kf:f,LY L. 11U\qV\U OF COUNSEL H0RACL• A. I()] I WON oi?soN i DUFFIE FAX COVER LETTER TO: David J. Foster, Esquire DATE: July 31, 2007 FROM: Linda C. Greenleaf, Paralegal FAX NO.: 717-761-4031 RE. Famer v. Graybill PAGES: 1 of 1 V I.[iK SHIPMAN (1965.2006) Mr. Shipman has no objection to your subpoena for our client's cell phone records. He requests copies of all records received. Thank you. 31)1 MARKET 5'TRUT P.O. BOX 109 LF,MOYMF. PENNSYLVANIA 17043-0109 WUM-105W.COM 717,761.4540 FAx:717.7613015 MAILO)DSW,COM JOHNSON, DUFFIR, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of Costopoulos, Foster & Fields, hereby certify that on this 1ST day of AUGUST, 2007, a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA, was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Jefferson J. Shipman Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Ashley Graybill BY: COSTOPOULOS, FOSTER & FIELDS Tiffany M. Miller C?" o -rt ? m G7) }} ?? _V c.n r'..) "? 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 hs@jdsw.com ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs 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, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. DATE JOHNSON, DUFFIE, STEWART & WEIDNER r By Jefferso J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com 4-?'Va 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, first class, postage prepaid, in Lemoyne, Pennsylvania, on David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferso J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 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 Attorneys for Defendant ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. ASHLEY GRAYBILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendant intends to serve seven (7) 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 subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER Y Jeffer n J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: 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 r D'I 16k David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER ./-y.d•? By Jeffer n J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (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 records reports. correspondence, diagnostic test results including MRI reports and ACTUAL FILMS of lumbar spine right knee, left wrist regarding Robert Farner DOB: 9/22/51 SSN: 208-42-2846 at Johnson Duffie Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: i Prothonotary/Clerk, Civil Divisi Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center (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: MRI reports and ACTUAL FILMS of the following: Lumber spine riaht knee. left forearm, left wrist regarding Robert Farrier DOB: 9122151 SSN: 208-42-2846 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divisio • / Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Medical Center of Marysville (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, reports, correspondence, diagnostic test results regarding Robert Farner DOB: 9/22151 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division ,_/ Deputy DATE: 1A i )t --)-q '2 Y) Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Sanjiv H. Naidu of Hand and Upper Extremity Institute of Central PA (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, reports, surgical records, corespondence, diagnostic test results including MRI reports of lumbar spine, right knee, left wrist regarding Robert Farner DOB: 9/22/51 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: Cam'? IV, -L'Z Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division . ' eputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farrier and Holly Farrier, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management (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: aniv an!:,' all medical records, reports, office notes, correspondence, diagnostic test results regarding Robert Farrier DOB: 9/22/51 SSN: 208-42-2846 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divi n v"?LC ? ? ??7lLT.it Deputy DATE: C/.. -6-CA Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. File No. 06-6196 Ashley Graybill, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Blake Chiropractic Clinic (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 c, things: any and a!I riedical records, chiropractic records, reports, office notes, correspondence, diagnosti.- test results regarding Robert Farrier DOB: 9/22/51 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant 6DATE: y d6-'Y Seal of the Court BY THE COURT: isl LIZ--V(-" Prothonotary/Clerk, Civil Di on ' Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Farner and Holly Farner, Plaintiffs vs. Ashley Graybill, Defendant File No. 06-6196 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Jay J. Cho of Rehab Medicine Associates (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 of things: any, and all medical records, rE?ports, correspondence, diagnostic test results regarding Robert Farner DOB: 9122151 SSN: 208-42-2846 at Johnson, Duffie, Stewart & Weidner. 301 Market Street P.O. Box-109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: DATE: CJ e-&?t Ly j Seal of the Court Prothonotary/Clerk, Civil Divisio,?/ Deputy (Eff. 7/97) r? ?.., ``> <:? ?,.? '?Y i w,wf .? COSTOPOULOS, FOSTER & FIELDS BY: DAVID J. FOSTER, ESQUIRE I. D. No. 23151 831 MARKET STREET P.O. Box 222 LEMOYNE, PA 17043 (717) 761-2121 ROBERT FARNER and HOLLY FARNER, HUSBAND AND WIFE, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW ASHLEY GRAYBILL, Defendant NO. 06-6196 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter satisfied, settled and discontinued with prejudice. Respectfully submitted, COSTOPOULOS, FOSTER & FIELDS By: David J. Fos quire Attorney I . D. # 23151 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 Telephone (717) 761-2121 Counsel for Plaintiffs Date: 1,30-09 FILED- _"~CE OF THE" P?-) _ ; ;r,t.?i ?GARY 2009 AUG -4 Pik i : 41 CLjfki? - . ,,Ut INTY PENNSYLVANIA