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Home My WebLink About96-01277 I- 3 i J ?-. ?. ...-_ y, ? ? ?? ?y M \ _ ?? t C4 C ? ;? v ?? ? ? ?: C ? ? Y r ? b __ ?V L? h T v ?. y CYNTHIA RUTH BARON 73 M.. in.- A-1 ?Ja , hac. 1y Plaintiff, va. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants. TO THS PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. CIVIL ACTION - LAW PRAECIPE Please issue a writ of summons against the above- captioned Defendants and have the Sheriff serve the Write on the Defendants at the follows address: Transport America q4cl 1IU5 R1C()l4')(Ltj 1? Hu&.Cm L'01<colslil James Debardelaben (p c/o Transport America Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: .1 1c?1 /??. ???kt l?K(X fib 5 JASON M. WEINSTOCK r „z r,t Commonwealth of Pennsylvania County of Cumberland Cynthia Ruth Baron 7336 Sandy Hollow Road Harrisburg, Pa. 17112 Va. Transport America 749 U. S. Highway 12 Hudson, Wisconsin 54016 Court of Common Pleas Yo. A§-1277- Civil Term______________ 19 In -Civil Action--Law ---------------------------------- James Debardelaben c/o Transport American 749 1S Highway 12 Hudson, Wisconsin 54016 To __ CLaDiiFlcrkArOeliC7•.__aIcfNes-ftxirdelaben C/o Transport America You are hereby notified that Cynthia_ I t? XrPTL--------------------------------------------------------------- the Plaintiff has commenced an action in ------ ivill.aw________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date _ ------------- 19---- 1t7bSCnC!~Jr._YlP.l{SPJ . Prothonotary By ............. Deputy t F U N ti 1 T m N 8. 1 1 N 1 1 l11tt ?Www L; N XU ?cn r, ~ U ? .uUC?11 ??1 ? .1uC??1i .7? O uUy11 uO ?0 ,, 0?. N u W u{ GO i W. ? W a al 41 -,9 9 en w CIO 07n CC C { C ar, f? T F IB r Tt U? N x"] 00 5 f? 1, A. y i • Campl/N n/ms 1 / o 7 for /dE111anM rlrwcle + CampNb cams J. "no H a It. • Pnnr eoa n/ny and sddraa an me Nioae of IN, brm w IMI w/ Can Otwn INS cad 19 You. + AnKh this form to IM I"' or IM malplace, Of on the back of space does nor pamn, "RaNm Raeapt Reywetsd"on the mariplece Wbw the /nlcN number / Will* • The RaNm Racatpt wig "W to whore IM article was dexvend and by data darlvarert. 3. Article Addressed t---oi Transport America 743 US Highway 12 Hudson, Wisconsin 54016 1 also wish to receive the following services (for an extra Isel: 1. L.) Addressee's Addrau 2. ? Restricted Delivery Z 126 559 575 4b. Service Type O Registered 11 insured Certified ? COD 0 Express Mad Ll Return I ••• w, r, I+ecatneer lvyI ARIAL am IM-3eb714 pfND?R„ It c,iliekle ne"Ia I fixr1or Z for ad ligunm aawcaa. + Complete items 3, end 4e a I. + Pntn input name and addteas on the ywne of IN. toms w that we un return this card to you. + Anson this form to the Iron of IM marlpieca, or on the back it apace = does not pamut. LI • wTM nb "earm pecalpt Ragweed" W 1M malyeca Wbw the article nwnber d• RawR" Racarpt will show w WOW, the article wait delivered sod the ate I ?eMvered. 4 3. Article Addressed to: 4a. Art James Debardel.aben Z C/o Transport America 749 US ab. Ser Is for a a i I also wish to ret'aive the following services (for an attire Ip fee): r7fr?rf 1. ? Addressee's Address 2. CI Restricted Delivery 759 576 Highway 12 ? Registered ? Insured Hudson, Wiscnns l,n 540t6 E4 Certified ? COD ? Express Mail ? Return 1 7. Dot a Delivery 6. Igneture IAddresseal [s S. A tosses,& Addraw (Only JJ and fee is poidI 8. Si9n9rors (Agent) i PS Form ,December 1991 eu.aotttal sett-da2A11 nnelCCt,n ne•...... r tee, a?g color for 3 J4 requested i i It s i ?r 1 I UNITED STATES POSTAL SERVICE Officid Business 1 1 I i 111111 USE to AVOID PAyM" 6 OF POSTAGE. tree Print Your name, address and ZIP Code here •R. Thomas Kline, Sheriff • r Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 s 02 I111111111IIIII II 1111111 all I lilt III 1 UNITED STATES POSTAL 1 , SERVICE IIII II 1 OHb41 8udn•u 1 1 PENALTY FOR PRI E USE TO AVOID PAYMENT i. OF POSTAGE. f]00 I 1 I . i 1 1 I 1 i Print your name, address and ZIP Code here R. Thomas Kline, Sheriff 1 Cumberland County Courthouse • 1 1 One Courthouse Square Carlisle, PA 17013 02 LIIIIL111161111111111LIJIIIIILIJJIJ11161111JIL1111 f III /, , LL U lb i J m W ? W zy t o 6 N O d ???...JJ11 'FYI Q W aw to z ? n W ? Y E N O a L v 0 W R a= A O N H C) z rya m N = a U ? ? U ? W 0 z N . -1 W p 1 d? r y N p' Q L N !J M pq 7 . Y p a O a U CJ 4 ? U a H y ? 6 W t1 a Z 3 a p P!y rev a6 F w ? m N U o a a ? . a u H U z > CYNTHIA RUTH BARON ; Plaintiff VS. TRANSPORT AMERICA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1277 Civil Term TO LAWRENCE E. WELKER, PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within 20 days of service thereof or suffer judgment of non pros. METZGER, WICKERSHAM, KNAUSS & ERB By: miff 1147`lcl/ Robert P. Reed, Esquire Attorney I.D. No. 15624 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108-0300 (717) 238-8187 Attorneys for Defendants RULE TO: Cynthia Ruth Baron c/o Jason M. Weinstock, Esquire 800 North Second Street Harrisburg, PA 17102 A Rule is hereby issued upon you to file a Complaint in the above captioned matter within 20 days of service hereof or suffer judgment of non pros. J A n I [ 1 (11 `_• 1 C,i ?.. C1 W N W O z b 0 N C p N 0 0 a U 1 7 W ? as = Y J N O a W C w • O i ` F w N u a U ? w ro a = " r1 0 i + d W ' H , Q+ N W +1 P4 u S G U W O d G U N z z I > O M z O O U W to C w W d Y 0 m 0 a U p p oCO w a Z a 5 n 7Pr a O Tj N OG F C7 El W } N C j U .r OG W H L ] P G µ 7W a a z w 1 a 5 En > , 3 H ° > W f z CYNTHIA RUTH BARON Plaintiff va. TRANSPORT AMERICA and JAMES DEBARDEIABEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1277 Civil Term TO LAWRENCE E. WELKER, PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within 20 days of service thereof or suffer judgment of non pros. METZGER, WICKERSHAM, KNAUSS 8 ERB By:C??/ Robert P. Reed, Esqu re Attorney I.D. No. 15624 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17108-0300 (717) 238-8187 Attorneys for Defendants ROLE TO: Cynthia Ruth Baron c/o Jason M. Weinstock, Esquire 800 North Second Street Harrisburg, PA 17102 A Rule is hereby issued upon you to file a Complaint in the above captioned matter within 20 days of service hereof or suffer judgment of non pros. Prqt notary (pttt t m N a w Zzw .44 4 b N a g 09 a, E-4 H I ? >? o a o O ? u>4 FH ,yy U PH nS F 44 ZU Q OZ or- H N0 E ?w aE3 IC W ?j > Z 3 0 4: El 1 6 0 W H OQ I ? z M o z HUZ U V FA N MZ i i ..1 CYNTHIA RUTH BARON, Plaintiff, vs. TRANSPORT AMERICA and JAMES DEBARDEIABEN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96 - 1277 Civil Term Civil Action - Law AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY-NOTICE It is agreed that Cynthia Ruth Baron is granted an extension of time through September 30, 1996 in which to file a complaint. After the above date, a judgment of non pros or by default, as may be appropriate, may be entered upon praecipe without further notice. Dater Date: 5 rG %Y for the Plaintiff ROBERT P. REED Attorney for the Defendant z w r' 4J o w ro a ?L Ln Ea a o m ro V uN 3 wz q . m 6 v 0 a H v E 0 u0 ? N $ aa t Z?? IF ee m > ? Exunz w y 1-4 O°zNH z E,? u ?4 L) C4 ON P4 Q 23 M zo> ?m HUZU U F C] CYNTHIA R. BARON, Plaintiff, vs. TRANSPORT AMERICAN and JAMES DEBARDELABEN, Defendants. s IN THE COURT OF COMMON PLEAS s CUMBERLAND COUNTY, PENNSYLVANIA s s s No. 96 - 1277 i i i s CIVIL ACTION - LAW i JURY TRIAL DEMANDED •`4 t* . TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the within Com- IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 BY: JASON M. WEINSTOCK Atty. I.D. No. 69272 plaint within twenty (20) days of service hereof, or judgment may be entered against you. CYNTHIA R. BARON, Plaintiff, Va. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants. s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA s s s ? s No. 96 - 1277 s s s CIVIL ACTION - LAW s JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, CYNTHIA R. BARON, by and through her attorneys, IRA H. WEINSTOCK, P.C., and files the following Complaint against Defendants, TRANSPORT AMERICA AND JAMES DEBARD- ELABEN, averring as follows: Parties 1. Plaintiff, Cynthia Ruth Baron, is an adult indi- vidual who resides at 7336 Sandy Hollow Road, Harrisburg, Penn- sylvania, Dauphin County, Pennsylvania. 2. Defendant, Transport America, is a Wisconsin Business entity with its principle place of business at 749 US Highway 12, Hudson, Wisconsin 54016. 3. Defendant, James Debardelaben, is an adult indi- vidual residing at 749 US Highway 12, Hudson, Wisconsin 54016. i i l Venue 4. Venue is proper in this judicial district pursuant to Rule 1006 and 2179 of the Pennsylvania Rules of Civil Proce- dure. Factual Background 5. On March 9, 1994, at approximately 11:30 a.m Plaintiff was operating a motor vehicle in a westerly direction on Spring Road near its intersection with Hanover Street, in Cumberland County, Pennsylvania. 6. On that same date and time, Defendant, James Debardelaben, was operating a motor vehicle which was stopped on Spring Road at the intersection with Hanover Street, in Cumber- land County, Pennsylvania. 7. While Plaintiff was stopped behind Defendant, James Debardelaben, waiting to turn right onto Hanover Street, Plaintiff was suddenly and unexpectedly struck in the front of her vehicle by the vehicle operated by Defendant, James Debard- elaben, on three separate occasions. Count I - Plaintiff V. Defendants 8. The allegations set forth in each and every preceding paragraph is incorporated herein by reference. 9. At the time of the aforementioned collision, Defendant, James Debardelaben, was an employee, agent and servant of Defendant, Transport America. 10. At the time of the aforementioned collision, - 2 - jl t i i Defendant, James Debardelaben, was acting for the benefit of and within the scope and course of his employment with Defendant, Transport America. 11. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, James Debardelaben, and was due in no manner whatso- ever to any act or failure to act on the part of Plaintiff, Cynthia R. Baron. 12. The aforementioned negligence, recklessness and carelessness of Defendant, James Debardelaben, consisted of the followings (a) Operating a motor vehicle in willful and wanton disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. Section 3736(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. Section 3736(a); (c) Improperly attempting to turn the vehicle i; around in violation of 75 Pa. C.S.A. Section 3332(x); (d) Improperly backing up his vehicle in a manner which was unsafe and interfered with other traffic in violation of 75 Pa. C.S.A. Section 3702(a); (e) Immediately leaving the scene of an accident after operating a motor vehicle which caused an injury of a person and damaged an attended vehicle in violation of 75 Pa. C.S.A. Section 3742(a) & 3743(a); - 3 - (f) Failure to provide information and render aid to Plaintiff in violation of 75 Pa. C.S.A. Section 3744(a); and (g) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. 14. As a direct and proximate result of the aforemen- tioned collision, Plaintiff, Cynthia Baron, has suffered the following injuries , some or all of which may be permanent: (a) Severe cervical strain; (b) Herniated disco at C4 and C5; (c) Severe cervical pain; (d) Radiating left arm and elbow pain, and tenderness around the cervical region including both shoulders; (e) Right knee pain; (g) Carpal Tunnel Syndrome in her left and right hands; (h) Post-traumatic stress; and (i) Miscellaneous aches and bruises. 15. As a direct and proximate result of the aforemen- tioned collision, Plaintiff, Cynthia R. Baron, has required medical treatment and has incurred expenses in connection there- with for medicines, medical care, hospitalization and other r medical services for which a claim is hereby made. 16. As a direct and proximate result of the aforemen- tioned collision, Plaintiff, Cynthia R. Baron, has suffered in - 4 - the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embar- rassment, disfigurement and deformities for which a claim is hereby made. 17. As a direct and proximate result of the aforemen- tioned collision, Plaintiff, Cynthia R. Baron, has in the past been and may in the future be disabled from performing her usual duties, occupations, and avocations with a consequent lose of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, Cynthia R. Baron, demands damages of Defendants, James Debardelaben and Transport America, in an amount in excess of the jurisdictional amount requuired for compulsory arbitration under the local rules of court, plus costs of suit, interest and delay damages. Respectfully submitted, IRA H. WEINSTOCR, P.C. 800 North Second Street Harrisburg, Pennsylvania 17102 Phone: 717-238-1657 By s` I LJ t'_-.C_ IRA H. WEINSTOCK Y G?-- - 5 COMMONWEALTH OF PENNSYLVANIA ) 1 COUNTY OF DAUPHIN ) I verify that the statements in the forequinq COM- PLAINT are true and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ?6L? CYNTHIA RUTH BARON AND NOW, this 27th day of September, 1996, It JASON M. WEINSTOCK, Esquire, attorney for the Plaintiff, hereby certify that I served the within COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Robert P. Reed, Esquire METZGER, WICKERSHAM, KNAUSS 6 ERB 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 By: m W o m? a r? a a ? o a m H ? Q m W u C b Y J N 0 F L z O i = N i U „'7 Z '"'? Z co d W w O 4 • r 0 a' x` Q a z I m x ,y F UU U 94 W W 3 W 0¢ 0 W a n n a a u Q Z a J W 3 3 N i u ?p a La H O A n Ix W F ¢ i Z N I i i U 2 U > F N £ CYNTHIA RUTH BARON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW TRANSPORT AMERICA and NO. 96-1277 Civil Term JAMES DEBARDELABEN, Defendants NOTICE TO PLEAD TO: Cynthia Ruth Baron c/o Jason M. Weinstock, Esquire Law Offices of Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB By Robert P. Reed, Esquire Attorneys for Defendants 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 I.D.# 15624 Dated: October 22. 1996 CYNTHIA RUTH BARON, Plaintiff vs. s TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1277 Civil Term ANSWER WITH NEW MATTER AND NOW, come the Defendants by their attorneys, Metzger, Wickersham, Knauss i Erb, and represent the following: 1. Admitted. 2. Admitted. 1. Admitted in part' and denied in part. Individual Defendant's correct name is James DeBardelaben, and while he is an adult individual his residence address is 15840 Lappin Street, Detriot, Michigan 48205. 4. Admitted. Factual Backaround 5. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 6. Admitted in part and denied in part. It is admitted that on March 9, 1994, at approximately 11:30 a.m., Defendant, James DeBardelaben, was operating a motor vehicle in Cumberland County, Pennsylvania. The remaining averments of this paragraph are denied and proof thereof is demanded. 7. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. With regard to the specific allegation that a collision occurred between the vehicles of the Plaintiff and Defendant, said averments are denied absolutely. count I - Plaintiff v. Defendants B. The averments contained in paragraphs 1 through 7 above are incorporated herein by reference as though set forth at length. 9. It is admitted that on March 9, 1994, at approximately 11:30 a.m., Defendant, James DeBardelaben, was employee, agent or servant of the Defendant, Transport America. 10. Admitted for the reasons set forth in paragraph 9 above. 11. Denied absolutely. Specifically, it is denied that any collision occurred between the vehicles of the Defendant and Plaintiff. 12. The averments of this paragraph and each and all of its subparts are denied absolutely as no collision occurred between the vehicles of the Defendant and Plaintiff. 2 14. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and each and all of its subparts, and the same are therefore denied and proof thereof is demanded. 15. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 16. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 17. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendants demand judgment in their favor and against the Plaintiff. NEW MATTER 18. The averments contained in paragraphs 1 through 17 above are incorporated herein by reference as though set forth at length. 19. No collision or other form of contact occurred between the vehicles of the Plaintiff and the Defendants and it is in. 3 therefore averred that Plaintiff has no cause of action against the Defendants. 20. Alternatively, the Plaintiff's cause of action is barred or limited by operation of the Pennsylvania Comparative Negligence Statute. 21. The Plaintiff's cause of action is barred or limited by operation of the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. Should it be determined that at the time of the occurrence related in the Plaintiff's Complaint she had elected for herself or on her behalf the limited tort option, then it is averred that the Plaintiff has not sustained serious injury within the meaning of the statute and applicable case law. WHEREFORE, Defendants demand judgment in their favor and against the Plaintiff. Dated: October DD, 1996 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB By "jC Gcd cif `s?e Robert P. Reed, Esquire Attorneys for Defendants P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 4 F-ill. [ e? _1zi I, David Carter , being the Director of Risk Man. for Defendant Transport America, and as such officer am authorized to execute this Verification, hereby certify that the averments in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information, and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904 relating to unsworn falsification to authorities. Dated: 10/11/96) ?A-J q 6 ector of Risk Management CERTIFICATE OF SERVICE AND NOW, thisrkj day of October, 1996, I, Robert P. Reed, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, attorneys for Defendants, hereby certify that I served the foregoing Answer with New Matter this day by depositing same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jason M. Weinstock, Esquire Law Offices of Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 Robert P. Reed, Esquire N ' i N 44 4 v p' z ro g o wa m m ? ` w a H o ? ?O$ N of- Z o x U i u aw 04 00 H ?o w of H zw a z a t ? iUZU U E+ r r'r f ) ,l t 7 .' •l) :ill CYNTHIA R. BARON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. Plaintiff, VS. : No. 96 - 1277 TRANSPORT AMERICAN and JAMES DEBARDELABEN, Defendants. CIVIL ACTION -LAW JURY TRIAL DEMANDED 18. Denied. The Plaintiffs averments contained in Paragraphs 1 through 17 in her Complaint are incorporated herein by reference as though set forth in length. 19. Denied. By way of further response, the Plaintiffs averments contained in Paragraphs 1 through 17 in her Complaint are incorporated herein by reference as though set forth in length. 20. Denied. By way of further response, the Plaintiffs averments contained in Paragraphs 1 through 17 in her Complaint are incorporated herein by reference as though set forth in length. 21. Denied. 22. Denied. WHEREFORE, Plaintiff, Cynthia R. Baron, demands damages of Defendants, James Debardelaben and Transport America, in an amount in excess of the jurisdictional amount required for compulsory arbitration under the local rules of court, plus costs of suit, interest and delay damages. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 JASON M. WEINSTOCK Attorney I.D. No. 69272 CERTIFICATE OF SERVICE AND NOW, this Iith day of November, 1996, 1, JASON M. WEINSTOCK, Es- quire, attorney for the Plaintiff, hereby certify that I served the within ANSWER TO NEW MATTER this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Robert P. Reed, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 JASON M. WEINSTOCK Jack Emas & Associates ATTORNEYS AT LAW By: Mark D. Mazza Attorney Identification No. 38637 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. TRANSPORT AMERICA and .ZANIES DFBARDELABEN NO. 96-1277 CIVIL. TERM TO THE PROTHONOTARY: Kindly enter my appearance on belialf of Defendants, Transport America and James Debardelaben in the above entitled action. JACK ENIAS & ASSOCIATES BY: 4it n / U - MARK D. MAZZA r. ? ? n, c: ,i? c: ? ' Fi- : f- r - ' r.. !?, I G U? 1- V . 1?. ?i l:? '-? w CYNTHIA RUTH BARON, Plaintiff V. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants TO THE PROTHONOTARY: El IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1277 CIVIL TERM PRAECIPE TO WITHDRAW The firm of Jack Emass & Associates, having entered its Appearance on behalf of Defendants Transport America and James DeBardelaber, kindly withdraw our Appearance for said Defendants. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By 2 Jered L. U1 k' Esquire I.D. No. 19211 3211 North Front Street P.O. Box 5300 Elarrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants Date: December 21, 1998 Dn, nt N ! l191'V f L ?:; ?s, ,:, <. ?,?. c,. ? w? ??;; ?„ 4'' ?, V? ?' !i L l+ ? ?..r Jack Emas & Associates ATTORNEYS AT LAW By: Mark D. Mazza Attorney Identification No. 38637 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF CONINION PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES I1FBARnF1.ABFN NO. 96-1277 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. 2. a copy of the notice of intent including the proposed subpoena is attached to this certificate. 3. no objection to the subpoena has been received and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATED: 3/ l /99 JACK EMAS & ASSOCIATES BY G 'Qh" X MARK D MAZZA Jack Emas & Associates ATTORNEYS AT LAW By: Mark D. Mara Attorney Identification No. 38637 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA and Js lure nFRARDFL.ARFN NO. 96-1277 CIVIL. TERM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT Defendants intend to serve a subpoena identical to that attached to this notice on March 1, 1999 to Records Custodian of Carlisle Police Department, State Workmen's Insurance Fund, Allstate Insurance Company and State Farm Insurance Company. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel any objection to the subpoena. If no objection is made the subpoena may be served. DATED: 2/9/99 JACK EMAS & ASSOCIATES BY:/ Y) LldAA U. ??.. MARK D. MAZZA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYNTHIA RUTH BARON V. TRANSPORT AMERICA AND JAMES DEBARDELABEN Fie No. 96-1277 Civil Tarm SUBPOENATOIiRi01'lO7RNOnUMitEY PRODUCE MEDICAL RECORDS TO: Record Custodian Allstate Insurance Company 6345 Flank Drive, Suite 1000 1. You are ordered by the court b come to 3130 Centre Square West Building, 1500 Market Street, Phila, PA 19102 (Specify courtroom or other place) at Phila County, Pennsylvania, on at I n o'clock, A M., to testlfy on behalf of Defendant In the above case, and to remain until excused. 2. And bring with you the following: not i re cnp of film i ne riding claims and investigation, medical records and reports re: Cynthia and/or Cindy R. Baron ' 1711 dobr 1/24/57 - SS No 210-50-0209 If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Cm Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(x): Name: Mark D Mazza Esquire 3130 Centre Square West Building Address: , Telephone: 215-972-8065 Supreme Court IDs 38637 BY THE COURT: Prothw4lary/Clerk CMI 3 Date: 2 kr/ 9 9 fSh? Seal of the Court ?WaY Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYNTHIA RUTH BARON V. File No. 96-1277 Civil Tern TRANSPORT AMERICA AND JAMES DEBARDELABEN SUBPOENATO UIMM1f?NIXIIIIIIX IIEY PRODUCE MEDICAL RECORDS TO: Recor us a - Commonwealth of Pennsylvania, Department of Labor and Industry You are ordered by the court to come to 3130 Centre Square West Building, 1500 Market Street, Phila, PA 19102 (Specify courtroom or other place) at phi la County, Pennsylvania, on o'clock, A M., to testify on behalf of Defendant at i e in the above case, and to remain until excused. of file including clai 2. And bring with you the following: sa investigation, medical records and reports rat Cynthia and Baron 1711 - ob 24 - o 210-50-0209 - policy No. 136-32-67 you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and Imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: Nam 3130 Centre Square West Building Address: : r Telephone: 215-972-8065 Supreme Court ID B 38637 BY THE COURT: e }a sP S?„? Prothonotary/Clerk Division Date: 2/?l 99 7r??1?,r2 ? f-L Seal of the Court rDOputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings In connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. It a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYNTHIA RUTH BARON V. TRANSPORT AMERICA AND JAMES DEBARDELABEN File No96=1277 Civil Term- SUBPOENA TO PRODUCE RECORDS T0: Record Custodian Carlisle Police Department- 53 West South Street 1. Maiket stieetthe court to come to 3130 Centre Square West Building 1500 (Specify courtroom or otter place) el Phila. County, Pennsylvania, on at 10 o'clock, _gM., to testify on behalf of nafanAnnt-R In Me above case, and to remain until excused. 2. And bring with you the following: copies of all reports and notes re: report of _ accident by Cynthia Baron and/or Cynthia Cherkaqui rat accident of 3/9/94 on Sprin If you fail to attend or to produce the documents or things required by this subpoena, you may ne suosect to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(x): Name: Mark D. Mazza, Esquire JLJU en re quare es u ng, Address: 1%nn HYrkat Rtraa*? Phila? PA iQln2 Telephone: 215-972-8005 Supreme Court ID 8 38637 3 Date: E/ / 9 9 Seat of Ce Court BY THE COURT: Prrfhonotary/Clark, vii Division Cl" Olficial Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYNTHIA.RUTH BARON v. TRANSPORT AMERICA AND JAMES DEBARDELABEN File No. 96-1277 Civil Term SUBPOENA TO KR1d'1R*NM1=111J'FY PRODUCE MEDICAL RECORDS TO: P65 - Limekiln Road, P.O. Box 257 1. You are ordered by tits court to come to 3130 Centre Square West Building, 1500 Market Street, Phila, PA 19102 (Spedry courtroom or other place) at Phila County, Pennsylvania, on at I n o'clod:, -A -M., to testlfy on behalf of Defendant in the above case, and to remain until excused. 2. And bring with youlhefolloWng: entire enpy of file including claims and investigation, medical records and reports rer Cynthia and/or Cindy R. Baron ' flarrisbargy Ph 1711 dobt 1/24/57 SS No 210-50-0209 If you tail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to coats, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a): Name: bark 11 Ma22a Pnouire Address: 3130 Centre Square,West Building q4 - 0. 1500 Mark t Stzeet Philft, Ph 19102- Telephone: 215-972-8065 Supreme Court ID 0 38637 BY THE COURT: 44t4 yP dein Prothoratary/Clark, c 3 Date: 2 Ll'/99 Seal of the Court Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R. C. P. No. 234.1. lf a subpoena for a production of documents, records or things is desired, complete paragraph 2' (Eff. 7/97) ^) . C:, ? lii !' ?. Cy ` ,. _• ? . ?_ `' , Jack Emas & Associates ATTORNEYS AT LAW By: Mark D. Mazza Attorney Identification No. 38637 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 CYNTH[A RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMION PLEAS OF CUMBERLAND COUNTY v. TRANSPORT AMERICA And JAMES DEBARMLAAFN NO. 96-1277 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. 2. a copy of the notice of intent including the proposed subpoena is attached to this certificate. 3. no objection to the subpoena has been received and Z -C r t. 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATED: 4noi99 .JACK ENIAS & ASSOCIATES W-/?kd,j? 0. /j) MARK D MAZZA ;a Jack Emas & Associates ATTORNEYS AT LAW By: Mark D. Mazza Attorney Identification No. 38637 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. TRANSPORT AMERICA and JAMES nFRARD .AR6.N NO. 96-1277 CIVIL TERM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT Defendants intend to serve a subpoena identical to that attached to this notice on April 201999 to Records Custodian of Todd L. Samuels, M.D. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel any objection to the subpoena. If no objection is made the subpoena may be served. DATED: 4/ l /99 JACK EMAS & ASSOCIATES BY:1;1114t /- L MARK D. MAZZA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYNTHIA RUTH BARON V. TRANSPORT AMERICA AND JAMES DEBARDELABEN File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS ORTHIN43S FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian - Todd L. Samuels, M.D. - Neurology Center TO: 89o Pop aI CRLLCrt xoaa. auaGa-_?Y Ve - -- (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 records pertainng to Cynthia and/or Cindy R. Baron and/or at 3130 Centre Square West euildina. 1500 Market Street, Phila, PA 19102 (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 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 Mark D. Mazza, Esquire Address: Telephone: 215-972-8065 Supreme Court ID M 38637 Attorney For: Defendant BY THE COURT: ProthonotaryiClerk, Civil Division ----- Date: 4120/29 Seal of the Court Deputy (Eff. 7/97) C. i r tl J ?: ? L? ? _ - .. I't 1, t ? _ JACK ENIAS & ASSOCIATES ATTORNEYS AT LAW By: Mark D. Mazza, Esquire Attorney Identification No. 38637 3130 Centre Square West Building 1500 Market Street Philadelphia, Pennsylvania 19102 (215)972-8065 CYNTHIA RUTH BARON Y. TRANSPORT AMERICA and JAMES DEBARDELABEN TO THE PROTHONOTARY: Attorney for Defendants, James Debardelaben and Transport America COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERN( Kindly withdrawal my appearance or behalf of Defendants, James Debardelaben and Transport America in above-entitled action. JACK ENIAS & ASSOCIATES BY: ?fLj fl /? MARK D. MAZZA, ESQUI V ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, James Debardelaben and Transport America in the above-entitled action. JACK ENIAS &-ASSOCIATE&-, BY: JAC1C/ENIAS, ESQUIRE f ,D'. No. 12438 BY!' kAA4--.. 04. DALE A. BETTY, ESQUII?Ur I. D. No. 08609 BY: KEVI". QUINN, ESQUIRE DATED: 3/27/00 I.D. No. 56560 ?. , l `?. . _ .L ._? _l `I Jack Emas & Associates ATTORNEYS AT LAW By: Jack E'xnas Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 CYNTHIA RUTH BARON Y. TRANSPORT ASIERICA and JAMES DEBARDELABEN Attorney for Defendants, Transport America and James DeBardelaben COURT OF CONIMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERNI CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for dociunents and things pursuant to Rule 4009.22, defendants certifiy that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. 2. a copy of the notice of intent including the proposed subpoena is attached to this certificate. 3. no objection to the subpoena has been received and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATED: November 13, 2000 JACK ENIAS & ASSOCIATES BY: Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas Attomey ldentification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215)972-8065 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF CONINION PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DE13ARDEt _a_BEN NO. 96-1277 CIVIL TER,NI NOTICE OF INTENT TO SERVE A SUBPOENA 'r0 PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R...P 4009.21 Defendants intend to serve a subpoena identical to that attached to this notice on November 13, 2000 to Records Custodian of Carlisle Police Department. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel any objection to the subpoena. If no objection is made the subpoena may be served. DATED: October 24, 2000 a JACK EMAS &c ASSOCIATES/ ?.- T B 1r1 C 1:\S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND / CYNTHIA RNRON' v. File No. 96-1277 TRANSPORT AMERICA AND JAMES DEBARDELABEN ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Record Custodian of Carlisle Police Department - 53 West South Street, 1 a e , QI 3 (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: copy of incident report No. 94-03249 at 3130 Centre Square West Building, 1500 Market Street, Phila, PA 19102 (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 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 Jack Emas, Esquire Address: JACK EMAS & ASSOCIATES ATTORNEYS A! EA4'A = 3130 CENTRE SQUARE YIEST lbOUMARKE! Telephone: 215-972-8065 PHILADELPHiA, PA IbIO2 Supreme Court ID # _ 12438 Attorney For: Defendant _ BY THE COURT: (ZZ , Prothonotary/Clerk, Civil n :r Date: tJ?i? n Seal of the Court Deputy (Eff. 7/97) ?? ? '" ? J ?.: .? -- - ? ? _? ? Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JANTES DEBARDELABEN AND NOW, this day of DEC 0 8 2001: Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUNIBERLAND COUNTY NO. 96-1277 CIVIL TERNI ORDER , 2002, it is hereby ORDERED and DECREED defendant's Motion to Compel is hereby GRANTED. Plaintiff has twenty (20) days in which to answer defendant's supplemental interrogatories and request for production of documents or suffer further sanctions. BY THE COURT: J Interested Parties: Jason M. Weinstock, Esquire Suite 100 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this JAday of S)e «-.?V , 2002 upon consideration of the within Motion to Compel of Defendants, a Rule is hereby issued upon Plaintiff to show cause why the within Motion should not be granted. r wit of 10 411s O seJUti.. RULE RETURNABLE da^nf Carlodo Penna. BY THE COURT: n?? Rx5 1a-10- o a Lo l.?)ek 05?0cl E moz .:? ,y . . Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM MOTION TO COMPEL 1. Plaintiff filed civil action in the Court of Common Pleas of Cumberland County as the result of an automobile accident which allegedly occurred on March 9, 1994. 2. On June 4, 2001 counsel for defendants served on counsel for plaintiff supplemental interrogatories and request for production of documents. 3. Upon expiration of the time period applicable for which parties can respond to discovery in accordance with the Pennsylvania Rules of Civil Procedure, defense counsel herein submitted correspondence to counsel for plaintiff dated October 8, 2002 advising that if responses were not obtained within 10 days the instant motion would be filed. 4. As a result of plaintiffs failure to answer said supplemental interrogatories and request for production of documents, defendants herein will be severely impaired and further investigate and evaluate this case as well as pursue whatever prejudiced to f Iy full and complete additional discovery is necessary if plaintiff is not compelled to supp answers. be grunted. WHEREFORE, D efendants request the instant motion to compel JACK cmtAS & ASSOCIATES BY f' t Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELAB N Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Motion to Compel Answers to Supplemental Interrogatories and Request for Production of Documents was served on the following counsel by United States first class mail, postage prepaid on thV1&a of?Mn,¢ca002. Jason M. Weinstock, Esquire Suite 100 800 North Second Street Harrisburg, PA 17102 JACK EMA D ASSOCIATE "Ooe BY: G ?iL'Q JA MAS VERIFICATION JACK EMAS, ESQUIRE states that he is the attorney for the Defendants in the above matter; that the facts set forth in the foregoing MOTION TO COMPEL are true and correct to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 V. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants, 'transport America and James DeBardelaben CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM MOTION TO COMPEL 1. Plaintiff filed civil action in the Court of Common Pleas of Cumberland County as the result of an automobile accident which allegedly occurred on March 9, 1994. 2. On June 4, 2001 counsel for defendants served on counsel for plaintiff supplemental interrogatories and request for production of documents. 3. Upon expiration of the time period applicable for which parties can respond to discovery in accordance with the Pennsylvania Rules of Civil Procedure, defense counsel herein submitted correspondence to counsel for plaintiff dated October 8, 2002 advising t, that if responses were not obtained within 10 days the instant motion would be filed. 4. As a result of plaintiffs failure to answer said supplemental interrogatories and request for production of documents, defendants herein will be severely impaired and ?? C1 Y- ,- F ._ , u: ?.? ?' - `i '' c ? i ?' ''? C.,,. ? .. ? ? G- U ?., t? ,,. .. ! ,: _?` ?T ._; 'r: i Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and dAML 9&AISDELAM _ Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM E? T;P.C'OF SERVICE I hereby certify that a true and correct copy of Court Order of December 10, 2.002 regarding motion to compel directed to plaintiff was served on the following counsel by United States first class mail, postage prepaid on the day of , 2002. Jason M. Weinstock, Esquire Suite 100 800 North Second Street Harrisburg, PA 17102 JACK ENIAS AND ASSOCIATES xs BY. /'? ! J/il -tom IACK F.Rt S r ?._ CYNTHIA RUTH BARON, IN THE. COURT OF COMMON PLEAS OF Plaintiff C'tIhIBE•:RLAND COUNTY, PENNSYLVANIA V. : CIVIL Ac"rION -- LAW TRANSPORT AMERICA and JAMES DEBARDEL.ABEN, Defendants NO. 96-1277 CIVIL TERM ORDER OF COURT AND NOW, this 6'h day of January, 2003, upon consideration of Defendant's Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 1 f Mason M. Weinstock, Esq. Suite 100 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff /Jack Emas, Esq. 1500 Walnut Street Suite 1500 Philadelphia, PA 19102 Attorney for Defendants .rc I esley Oler, Jr, J. ?ap-L?r Rxs yr -ar7-d3 N,.l; Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. RULE TO SHOW CAUSE TRANSPORT AMERICA and JAMES DEBARDELABEN JAN 0 2 ZOQJ Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM , 2003 upon consideration of AND NOW, this day of the within Motion to Compel of Defendants, a Rule is hereby issued upon Plaintiff to show cause why the within Motion should not be granted. RULE RETURNABLE day of in Courtroom Carlisle, Pennsylvania. , 2003 at at the Cumberland County Courthouse, BY THE COURT: J. Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No 12.118 1500 Walnut Street, Suite 1100 Philadelphia, Pennsylvania 19102 (215) 145-4770 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA mind JAMES DEBARDELABEN NO. 96-1177 CIVIL TERM AND NOW, this day of , 2001, it is hereby ORDERED and DECREED defendant's Motion to Compel is hereby URANTED. Plaintiff has twenty (20) days in which to answer defendant's supplemental interrogatories and request for production of documents or sutler further sanctions. BY TI-IF COURT: 1. Interested Parties Jason NI. Weinstock, Esquire Suite 100 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintilf Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON Attorney for Deferdants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN NO. 96-1277 CIVIL TERM MOTION TO COMPEL 1. Plaintiff filed civil action in the Court of Common Pleas of Cumberland County as the result of an automobile accident which allegedly occurred on March 9, 1994. 2. On August 20, 2002 counsel for defendants served on counsel for plaintiff supplemental interrogatories and request for production of documents. 3. The time for responding to said discovery has now expired and neither answers nor objections have been received by plaintiff. 4. As a result of plaintiff s failure to answer said supplemental interrogatories and request for production of documents, defendants herein will be severely impaired and prejudiced to further investigate and evaluate this case as well as pursue whatever additional discovery is necessary if plaintiff is not compelled to supply full and complete answers. WHEREFORE, Defendants request the instant motion to compel be granted. JACK ENIAS & ASSOCIATES JACK EMAS r' s r tY-' ' 3 at VERIFICATION JACK EMAS, ESQUIRE states that he is the attorney for the Defendants in the above matter; that the facts set forth in the foregoing MOTION TO COMPEL are true and correct to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN NO. 96-1277 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Motion to Compel Answers to Supplemental Interrogatories and Request for Production of Documents was served on the following counsel by United States first class mail, postage prepaid of ?)[un Gt,%2002. on the Jason M. Weinstock, Esquire Suite 100 800 North Second Street Harrisburg, PA 17102 JACK EMAS AND ASSOC?FS BY • I?• f '. ' ..r ?, r ` , :a CYNTFIIA RUTH BARON. Plaintiff V. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 96-1277 CIVIL TERM IN RE: DEFENDAN'T'S MO'FlON'f0 COMPF.[. ORDER OF COURT AND NOW, this 13'h day of January, 2003, upon relation of Jack Emas, Esq., attorney for Defendant, that the discovery requested has been received, the motion is deemed moot and the Rule issued on January 6, 2003, is discharged. BY THE COUR'C, J. Wesley Olc*r.J ., J. Jason M. Weinstock, Esq. Suite 100 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff Jack Emas, Esq. 1500 Walnut Street Suite 1500 Philadelphia, PA 19102 Attorney for Defendants :rc ?'gau.; n?;«e'?t ?r 1fi' % woo skivr U o n GL ? n a U ? ? " E n J ? Z x ? ? CYNTHIA RUTH BARON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. NO. 96-1277 CIVIL TERM TRANSPORT AMERICA and JAMES DEBARDELABEN ORDER AND NOW, this day of , 2003, it is hereby ORDERED and DECREED that Defendant's Motion to Compel is hereby DENIED. BY THE COURT: J. A 1 m.?f CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 C[va. TERM PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTIONS TO COMPEL AND RULE TO SHOW CAUSE 1. Admitted 2. Admitted 3. Admitted 4. Plaintiff is without knowledge of any impairment of Defendant's investigation or pursuit of discovery, or any likelihood thereof, and no specific facts in support of such contentions have been cited by Defendants. NEW MATTER By way of further response, interrogatories were returned with answers on December 29, 2002, and further answers are being returned simultaneously with this Response. Plaintiff has attempted to contact Defense counsel to discuss this matter and Defense counsel has failed t return Plaintiffs counsel's call. WHEREFORE, Plaintiff requests that the Court rind Plaintiff to have shown sufficient cause as to why the Defendant's Motions to Compel should not be granted. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 By: i' JASON M. WEINSTOCK 1) CERTIFICATE OF SERVICE AND NOW, this 3"' day of January, 2003, I, Jason M. Weinstock, Esquire, attorney for Plaintiffs, hereby certify that I served the within PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTIONS TO COMPEL. AND RULE TO SHOW CAUSE this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Jack Emas, Esquire JACK EMAS & ASSOCIATES 1500 Walnut Street, Suite 1500 Philadelphia. PA 19102 i .Va50N M. WEINSTOCK =s , . ? ;- ?? ' ? -- :;; . ,. ? __? ?_? ; ? Y Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. 2. a copy of the notice of intent including the proposed subpoena is attached to this certificate. 3. no objection to the subpoena has been received and 1 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATED: February 13, 2003 JACK ERAS-& ASSOCIA BY: I:_ Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. TRANSPORT AMERICA and JAMES DEBARDELABEN NO. 96-1177 CIVIL TERM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 Defendants intend to serve a subpoena identical to that attached to this notice on February 12, 2003 to Records Custodian of Good Samaritan Hospital, Kelly Services, Inc., Brent Smith, M.D., Brennan Chiropractic and Fohner Chiropractic. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel any objection to the subpoena. If no objection is made the subpoena may be served. DATED: January 23, 2003 JACK EMAS & ASSOCIATES BY: t } n•-? 1A1S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport JUnerica and James Debardelaben File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Record Custodian - Folmer Chiropractic TO: 2234 West Cumberland Street, Lebanon, PA 17042 (Name of Person or Endty) 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 records pertaining to Cynthia and/or Cindy R. Baron o : 2 57 - SS No. 210-50-0209 at 1500 Walnut Street, Suite 1500,.Phila, PA 19102 (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 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 fall to produce the documents or things required by this subpoena within twenty (20) days after Its service, the parry 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: .,-_- Jack Emas, Esquire Address: ATTORNEYS AT LAW SUITE 1609 Telephone: 1500 WALNUT STREET 215-545-4770 rHILAULLPHIA, PA 19102 Supreme Court ID ff 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America, and James Debardelaben File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS fOR DISCOVERY PURUANTTO RULE 4009.22 Record Custodian - Brennan Chiropractic TO: 649 E. Main Street, Annville, PA 17042 (Name of Person or Entlty) 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 records pertaining to Cynthia and/or Cindy R. Baron - SS No. at 1500 Walnut Street, Suite 1500,.Phila, PA 19102 (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 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 fall 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 IL THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Jack Emas, Esquire Address: TACK FMAS A ASSOCIAI ATTORNEYS AT LAW Telephone: 1500 WALNUT STREET 215-545-4770 mWELPHIA, PA !9102 Supreme Court ID # 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America- and James Debardelaben File No. 96-1277 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Record Custodian - Brent Smith, M.D. Weaber Road, Annville, PA 17042 (Name of Person or Enflty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at 1500 Walnut Street, Suite 1500,.Phila, PA 19102 (Addre"I ybu may deliver or mad legible copies of the documents or produce things requested by this subpoena, together with tlw certlAcate 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 tail 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 REOUEST OF THE FOLLOWING PERSON: Name Jack Emas, Esquire Address: WX FMAS !I ASSOCI ATTORNEYS AT LAW Telephone: 1500 WALNUT STREET 215-545-4770 rinLAITUNIA, PA !9102 Supreme Court ID 0 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America and James Debardelaben File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Record Custodian - Kelly Services, Inc. TO: 4815 Jonestown Road, Harrisburg, PA 17109 (Name of Peron or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Entire employment file pertaining to Cynthia and/or Cindy R. Baron dob: 1/24/57 - SS No. 210-50-0209 including copies of all medical records at 1500 Walnut Street, Suite 1500,.Phila, PA 19102 (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 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 fall 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: Jack Emas, Esquire Address: LACK FMAS & ASSOCIATES ATTORNEYS AT LAW SUITE ]1699 Telephone: 1500 WALNUT STREET 215-545-4770 PHILAULLFRIA, PA 19102 Supreme Court ID N 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America and James Debardelaben File No. 96-1277 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS fOR DISCOVdERY PURSUANT TO f?t?Lfi4t019.24 Record Custod an - Goo Samaritan Hosp a P.O. Box 1281, 4th i Walnut Streets, Lebanon, PA 17042 (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: 1 diaanostic reports pertaining to Cynthia and/or Cindy R. at 1500 Walnut Street, Suite 1500,.Phila, PA 19102 (Add"m) 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 fall 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: &,_-- Jack Emas, Esquire Address: TACK FMAS A ASSOCIATES ATTORNEYS AT LAW SUITE MOO - Telephone: 1500 WALNUT STREET 215-545-4770 Supreme Court ID # 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (EM. 7/97) LAW OFFICES OF .TACK EhtAS & ASSOCIATES PHILA09LPHIA OFFICE 151)0 Walnut Slreut Suite 1500 11hdudciphin. PA 191112 (213) 5454770 FAX (213) 3454941 emasassoeera).netreach.net PI..F.A.4ti REPLY ro! Philadelphia 01iee February 13, 2003 Prothonotary's Office Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 RE: Cynthia Baron v. Transport America C.P., Cumberland County, No. 96-1277 Civil Term Dear Sir/Madam: NEW.IERSEY OFFICE (hie (lrecuirce (cnhe, Suite 201 Marlton. NJ 080i i IN51r1'(NN-i497 hAX 1856) 596-835'1 Enclosed please find Certificate Prerequisite to Service of a Subpoena which we request that you file of record. Please time-stamp the enclosed copy and forward same to our office in the enclosed self-addressed stamped envelope. Thank you. J E/lp Enc. cc: Jason M. Weinstock, Esquire - Very truly yours, i 1 Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. TRANSPORT AMERICA and JAMES DEBARDELABEN NO. 96-1277 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: I. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. 2. a copy of the notice of intent including the proposed subpoena is attached to this certificate. 3. no objection to the subpoena has been received and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATED: February 4, 2003 JACK EMAS-&ASSOCIA BY: J Jack Emas & Associates A•TTOWNEYS AT LAW By: Jack Emas Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 5454770 CYNTHIA RUTH BARON v. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 Defendants intend to serve a subpoena identical to that attached to this notice on February 4, 2003 to Records Custodian of Jerome Krinchak, M. D., Stynchula Chiropractic Office, Samir J. Srouji, M.D., Holy Spirit Elospital, Clem A. Ciccarelli, M.D. and Wayne Trotta, M.D. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel any objection to the subpoena. If no objection is made the subpoena may be served. DATED: January 15, 2003 JACK EMAS & ASSOCIATES JACK EMAS 1 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America and James Debardelaben File No. 96-1277 SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Record Custodian - Wayne Trotta, M.D. TO: Linglestown Road, Harrisburg, PA 17105 (Name of Person or Entlty) 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 records pertaining to Cynthia Baron - dob: 1/24/57 59 No. 210-30-0209 at 1500 Walnut Street, Suite 1500, Phila, PA 19102 (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 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 Jack _Emas, Esquire Address: JACK EMAS & ASSOCIATES A17ORNEYS AT LAW SUITE 1500 1500 WALNUT Telephone: 215-545-4770 PHI nFl PHI PA 19102 Supreme Court ID q 12436 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron v. ' Transport America and James Debardelaben File No, 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Record Custodian - Clem A. Ciccarelli, M.D. TO, 564 Old York Road, Etters, PA 17319 (Name of Parson or Emlty) 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 records pertaining to Cynthia Baron - dob: 1/24/57 93 No. 210-30-0209 at 1500 Walnut Street, Suite 1500, Phila, PA 19102 (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 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 servi e, the parry 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 Jack Emas, Esquire Address: JACK EMAS b ASSOCIATES ATTORNEYSATLAW suar t5nn Telephone: 215-545-4770 1500 WALNUT STREET P. "" `r ,,,,El:P' 1IATR19102 Supreme Court ID q 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/9'7) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron v. Transport America and James Debardelaben File No. 96-1277 TO. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVEgY PUR?.UltNTTO RIJLE4009.22 Record Custodian - Ho y Sp r t Hospital 503 North 21st Street, Camp Hill, PA 17011 (Name or 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 records pertaining to Cynthia Baron - dob: 1/24/57 33 r4e at 1500 Walnut Street, Suite 1500, Phila, PA 19102 (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 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 Jack Emas, Esquire Address: JACK EMAS & ASSOCIATES NETS7lT1AW - 1500 WALNUT STREET-- Telephone: 215-545-4770 PIIINIB€4PHIA,Pe 14102 Supreme Court ID p 12438 Attorney For: Defendants _ BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron v. Transport America and James Debardelaben File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Record Custodian - Samir J. Srouji, M.D. TO, 3438 Trindle Road, Camp Hill, PA 17011 (Name of Person or Enfify) 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 records pertaining to Cynthia Baron - dob: 1/24/57 99 No. 210-30--0209 at 1500 Walnut Street, Suite 1500, Phila, PA 19102 (Address) You may deliver or mall 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. M 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 Jack Emas, Esquire Address: JACK EMAS & ASSOCIATES ATTORNEYS AT LAW SUITE 1509 Telephone: 215-545-4770 1500 WALNUT STREET Supreme Court ID p 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seat of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. File No. 96-1277 Transport America and James Deba>:delaben TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PuRgUANTTO RULE 4'0"81f Record Custodian - Stynchula Chiropractic ice 3690 Vartan Way, Harrisburg, PA 17110 (Name of Person or Endty) 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 records pertaining to Cynthia Baron - dob: 1/24/57 at 1500 Walnut Street, Suite 1500, Phila, PA 19102 (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 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 Jack Emas, Esquire JACK EMAS b ASSOCIATES Address: •?'^f111EYS AT t nw SUITE 1500 Telephone: 215-545-4770 PHILADELPHIA,PA 19102 Supreme Court ID N Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America and James Debardelaben File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RU E $009.21 Record Custodian - Jerome Kr nchak, TO: 503 Bridge Street, New Cumberland, PA 17070 (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 records pertaining to Cynthia Baron - dobs 1/24/57 Ss 24o. 20-30-0209 at 1500 Walnut Street, Suite 1500, Phila, PA 19102 (Address) Ybu 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 fall 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 Jack Emas, Esquire Address: ATTORNEYS AT LAW SUff t586 Telephone: 215-5 4 5- 4 77 POO WALNUT STREET PHILADELPHIA, PA 191OZ Supreme Court ID p 12438 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) 1 cr 1 U Jack Enias & Associates ATTORNEYS AT LACY By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 5454770 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants,'fransport America and James UeHardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 96-1277 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. 2. a copy of the notice of intent including the proposed subpoena is attached to this certificate. 3. no objection to the subpoena has been received and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATED: May 20, 2003 JACK EMAS & ASSOCIA BY: ....? 4 !. . i. , Jack Emas & Associates E ATTORNEYS AT LAW By: Jack Emas Attorhey Identification No. 12438 Attorney for Defendants, Transport f 1500 Walnut Street, Suite 1500 America and James DeBardelaben k Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. TRANSPORT AMERICA and NO. 96-1277 CIVIL TERM JAMES DEBARDELABEN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C:.P. 4009.21 Defendants intend to serve a subpoena identical to that attached to this notice on May 20, 2003 to Records Custodian of Dr. William L. Polacheck. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned counsel any objection to the subpoena. If no objection is made the subpoena may be served. DATED: April 30, 2003 JACK EMAS & ASSOCIATES BY: z. :E I • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cynthia Baron V. Transport America, et al. File No. 96-1277 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Record Custodian - Dr. William J. Polacheck TO: 99 November Lane, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records pertaining ttorynth;a ga,nn Hnh 7/2e/57 SS No. 210-50-0209 at 1500 Walnut Street. Suite 1500 Phila, PA 191n2 (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 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. It 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 Jack Emas. Esquire Address: JACK EVAS & ASSOCIATES ATTOR11r.raij, LAW SUITE 1500 Telephone:- PHILApFIPHIA pA 19102 215-545-4770 Supreme Court ID k 12438 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff.7/97) ?v C') r 1-70 04 e[ P1 /s t } f z AS OF /p - 19 - 02,066 CASE# i996 - ia7 7 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. r CYNTHIA RUTH BARON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. NO. 96-1277 CIVIL TERM TRANSPORT AMERICA and JAMES DEBARDELABEN Statement of Intention to Proceed To the Court: Plaintiff intends to proceed with the above captioned matter. Print Name Jason M. Weinstock, Esquire Sign Name -1 C'?E Date: October 18, 2006 Attorney for laintiff Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 r C, By--/ A ON M. WEINSTOCK CERTIFICATE OF SERVICE A . AND NOW, this 18th day of October, 2004, I, Jeffrey Schott, Esquire, attorney for Plaintiff, hereby certify that I served the within Statement of Intention to Proceed this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Jack Emas, Esquire Jack Emas & Associates 1500 Walnut Street Suite 1500 Philadelphia, PA 19102 / i By: Lf' hJ O m ? -a .i rn Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 1500 Walnut Street, Suite 1500 Philadelphia, Pennsylvania 19102 (215) 545-4770 CYNTHIA RUTH BARON Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN NO. 96-1277 CIVIL TERM WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal our appearances on behalf of Defendants, Transport America and James DeBardelaben in the above-entitled action. JACK EMAS AND ASSOCIATES C JACK EMASOfESOUIRE V DALE A. BETT IRE KEVIN B. QUINN, ESQUIRE ENTRY OF APPEARA-1'(E TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Transport America and James DeBardelaben in the above-entitled action. sz::? 1-115 k ? STEPHEN A. SCHEUERLE, ESQUIRE HORN & SCHEUERLE 1835 MARKET STREET SUITE 2901 PHILADELPHIA, PA 19103 c ? r ? ' BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE a-)DVERDICT.COM Identification No.: 38558 BY: CHARLES L. McNABB, ESQUIRE CMCNABB a-)DVERDICT.COM Identification No.: 60494 HOHN & SCHEUERLE 1835 Market Street Suite 2901 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN Attorney for Defendants, Transport America and James DeBardelaben COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 96-1277 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Transport America and James DeBardelaben in the above captioned matter. Defendants demand a jury trial of twelve with alternatives. HORN & SCHEUERLE 'R-Vyz??? By: STEPHEN A. SCHEUERLE, ESQUIRE CHARLES L. McNABB, ESQUIRE Ti BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHE!VERLEgDVFRDICT.COM Identification No.: 38558 BY: CHARLES L. McNABB, ESQUIRE CMCNABBnDVERDICT.COM Identification No.: 60494 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON COURT OF COMMON PLEAS CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN No. 96-1277 CIVIL TERM MOTION TO COMPEL 1. Plaintiff filed civil action in the Court of Common Pleas of Cumberland County as the result of an automobile accident which allegedly occurred on March 9, 1994. 2. On December 6, 2007 counsel for Defendants served on counsel for Plaintiff Supplemental Interrogatories (Sets I and II). See attached Exhibit "A" for copies of correspondence and Supplemental Interrogatories Set I and II. 3. On June 26, 2008 counsel for Defendants forwarded a follow up letter to counsel for Plaintiff regarding discovery status. See attached Exhibit "B" for copy of correspondence. 4. The time for responding to said discovery has now expired and neither answers nor objections have been received by Plaintiff. 5. As a result of Plaintiff's failure to answer said Supplemental Interrogatories (Sets I and II), Defendants herein will be severely impaired and prejudiced to further investigate and evaluate this case as well as pursue whatever additional discovery is necessary if Plaintiff is not compelled to supply full and complete answers. WHEREFORE, Defendants request the instant Motion to Compel be granted. HOHN & SCHEUERLE By. kua /fl, l Agic- ALICIA M. NELSON, ESQUIRE BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(a DVERDICT COM Identification No.: 38558 BY: CHARLES L. McNABB, ESQUIRE CMCNABB(a DVERDICT COM Identification No.: 60494 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON V. COURT OF COMMON PLEAS CUMBERLAND COUNTY TRANSPORT AMERICA and JAMES DEBARDELABEN No. 96-1277 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Motion to Compel Responses to Supplemental Interrogatories (Sets I and II) was served on the following counsel by United States first class mail, postage prepaid on the 13 'day of ?, 2008. Jeffrey R. Schott, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 HOHN & SCHEUERLE By. 41an, M . 1Ve,607-, ALICIA M. NELSON, ESQUIRE VERIFICATION Alicia M. Nelson, Esquire states that she is the attorney for the Defendants in the above matter; that the facts set forth in the foregoing MOTION TO COMPEL are true and correct to the best of her knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Aluo, M, /u6bon ALICIA M. NELSON, ESQUIRE HOHN & SCHEUERLE ATTORNEYS AT LAW SUITE 3242 1700 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-9995 FAX (215) 496-9997 STEPHEN A. SCHEUERLE SSCH EUERLE(i"DD V ERDI C T. COM DIRECT DIAL: 215496-0632 FILE #2000-15 December 6, 2007 Jeffrey R. Schott, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 Re: Cynthia Ruth Baron v. Transport America and James DeBardelaben No. 96-1277 Civil Term Dear Mr. Schott: Please find enclosed Defendants' Supplemental Interrogatories (Sets I and II) directed to plaintiff. Kindly respond to same pursuant to the Pennsylvania Rules of Civil Procedure. Thank you for your attention in this matter. SAS/bm Enclosure Dictated but not read. Very truly yours, STEPHEN A. SCHEUERLE BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(&DVERDICT.COM Identification No.: 38558 BY: CHARLES L. McNABB, ESQUIRE CMCNABB(a DVERDICT.COM Identification No.: 60494 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON COURT OF COMMON PLEAS CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN No. 96-1277 CIVIL TERM These Supplemental Interrogatories are to be answered pursuant to the applicable Rule of Civil Procedure within thirty (30) days of service. These Interrogatories are supplemental and the information requested is from the date the original interrogatories were answered (or from the date of the Deposition of the answering party, whichever is applicable) and should include any and all information up to the date these supplemental interrogatories are answered. If a minor plaintiff is involved, the following supplemental interrogatories, where applicable, are to be answered with reference to said minor. 1. If your name has changed, please state your present name, as well as all other names you have gone by since you last answered questions in discovery. a. Please state whether or not your marital status has changed since you last answered questions in discovery, and if it has changed, please list what your present status is, as well as all other marital changes. b. State your business address, as well as all other business addresses you have had since you last answered questions in discovery. C. State your present home address as well as all other home addresses you have had since you last answered questions in discovery. 2. State in detail what injury and complaints you have as of the present time which you attribute to the accident upon which this suit is based. a. If you have recovered from any of the injuries which you attribute to the accident, please state in detail what these injuries were and when you recovered from same. 3. When and by whom were you last examined or given medical attention for the injuries received in the accident? 4. If you are still under treatment for the injuries received in this accident, state by whom and how frequently, as of the present time, such treatments are being given and the nature and expected duration of said treatment? 5. Since the last time you answered questions under a discovery proceeding in this case, please set forth the name and address of each hospital, nursing home, clinic or other institution in which you have been confined, examined, or received out-patient treatment because of this accident with dates of confinement, and out-patient treatment, the changes for same, and the amount of each such charge that has been paid and by whom. 6. Set forth the name and address of each doctor, nurse, or other persons who have examined, treated or rendered services to you since you last answered a questions in discovery proceedings in the above case; the inclusive date of such services and number of house and office visits; the charges for same and the amount of each such charge that has been paid and by whom? 7. If any radiologic examinations were taken of you since you last answered a question under discovery in this case, please state the name and address of the persons taking same; the dates taken; the parts of the body examined; the charges; the amount of each such charge that has been paid and by whom. 8. If you or anyone acting on your behalf at anytime since the last question was answered by you in discovery proceedings in this case has received any medical, hospital or x-ray reports concerning the injuries caused or aggravated by this accident, give the dates, the type of said report, from whom received and the name and address of the persons in possession or custody of such reports. 9. If you were confined to bed and/or confined to the house since the last question was answered by you in discovery proceedings in this case, state the period of each such confinement. 10. If any anytime since answering the last question in discovery proceedings in this case you have had any change in the condition of scars, or any deformity describe said change of such scars and/or deformity. 11. If you have any medical information as to any systemic disease, accident injury or condition of health which arose since you last answered a question in discovery proceedings in this case which contributes or may contribute to the injuries or disabilities which you allege have resulted from the accident, please state the details including date, and names and addresses or all physicians, hospitals, institutions etc. who have treated you. If lawsuits were commenced, associated with said disease, accident, injury or condition of health, state the name of such court, term and number. a. If any pre-existing condition has been aggravated since you last answered a question in discovery proceedings in this case, please state: (1) The nature and condition and whether you have recovered from said condition as of the present time and the approximate date of your recovery, as well as the date of the first and last visit for such condition and to whom? (2) The name and address of each hospital or other institution which you have gone for examination and treatment for such condition and the date of your first and last visit to each? (3) The name and address of each doctor or other persons to whom you have gone for examination and/or treatment of this condition and the dates of all visits? 12. If, since you answered the last question in discovery proceedings in this case, you now remember or know of any prior or subsequent accident involving injury to any part or parts of the body which you claim to have been injured in this case, set forth the places and dates of each accident, the injuries sustained by you, if any, and the names and addresses of all other parties involved whether or not you are or have made claim for such injuries, and the court, term and number of all litigation arising therefrom. 13. If you are making a claim for loss of earnings, set forth the following information: a. The name and address of your employer and your job title and description of duties, monthly or weekly rate of pay at the time of such loss. b. If you had more than one employer since the time you last answered questions in discovery proceedings in this case for your injury, please list the names and addresses of each such employer. c. State the inclusive dates during which you allege you were unable to work from the time of this accident to the present and the total amount of earnings you lost because of this absence, amount and by whom. d. If you are making a claim for earning impairment or loss of earning power, please list the total amount claimed and the method for calculating same. 14. If you have not mentioned a claim for household help in prior discovery proceedings in this case, state whether or not you have had any household help, the name and address and period of employment of each such person so employed and the actual cost of such help which you allege resulted from the accident. 15. If you sustained any financial loss as a result of this accident, except those covered by preceding discovery questions, state in detail the nature of such additional losses. 16. List all expenses and losses (special damages) which you claim resulted from the accident and which you have not previously listed in answers to discovery proceedings in this case. 17. Please list the extent known to you, your attorney, or other representative of the name and home address of the following persons: a. Those who you now know saw the accident and not previously listed in answers to discovery proceedings. b. Those who you now know did not see the accident but were present at or near the scene at the time of the accident not previously listed in answers under discovery proceedings in this case. 18. If you now remember at the time of the accident or immediately thereafter any conversations with or any statements you made to any of the parties who were witnesses or any of their statements to you, please now list in substance such conversations by whom made, and in whose presence if you have not previously answered in other discovery questions. 19. Please list the names and addresses of all persons who you intend to call a witnesses at the trial of this case. a. State in detail the substance of the testimony of each listed witness you intend to introduce at the trial. witnesses. b. List all documents you intend to introduce at trial through each of the listed . 20. State the names and last known addresses of all physicians you have had as family physicians for the last ten years up until today. 21. Identify with particularity: a. The court term and number of any other lawsuits which plaintiff is, or has ever been a party plaintiff, b. The names and addresses of the employer and the dates of any worker's compensation claim in which plaintiff was a claimant, other than that relating to this action; c. The name, address and policy number, as well as the named-insured of any uninsured/underinsured motorists claims in which the plaintiff is, or was, a claimant. 22. Please list the names and addresses of all persons whom you expect to call as expert witnesses at the trial including medical witnesses. 23. For all those persons named in the preceding answer, state their occupations and if they specialize in any particular field, set forth their areas of specialization. 24. Set forth the qualifications of those persons listed in the preceding question. In doing so, list, the schools each has attended, including names and addresses of employers with inclusive years of employment, and list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. 25. Set forth the opinion to which each such expert is expected to testify. 26. Set forth in detail the factual information supplied to each expert which was used as a basis for his opinion, including all objects examined, the type, place and date of the examination, as well as a description of all photographs or plans reviewed. 27. Set forth a summary of the grounds (other than the facts requested in the preceding interrogatories) for each such opinion, including any text material upon which the expert witness will reply. Identify all such texts, including name, author, edition and page. HOHN & SCHEUERLE By: STEPHEN A. SCHEUERLE, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorney for Defendants BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLEkDVERDICT.COM Identification No.: 38558 BY: CHARLES L. McNABB, ESQUIRE CMCNABB(&DVERDICT.COM Identification No.: 60494 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 96-1277 CIVIL TERM These Supplemental Interrogatories are to be answered pursuant to the applicable Rule of Civil Procedure within thirty (30) days of service. These Interrogatories are supplemental and the information requested is from the date the original interrogatories were answered (or from the date of the Deposition of the answering party, whichever is applicable) and should include any and all information up to the date these supplemental interrogatories are answered. If a minor plaintiff is involved, the following supplemental interrogatories, where applicable, are to be answered with reference to said minor. Either prior to or subsequent to the accident referred to in the Complaint, have you ever suffered any injuries or diseases in those portions of the body claimed by you to have been affected by the accident referred to in the complaint? (Standard Interrogatory) If so, identify: (a) The injuries or diseases you suffered; (b) The date and place of any accident, if such an injury or disease was caused by an accident; (c) All hospitals, doctors or practitioners who rendered treatment or examinations because of any such injuries or diseases; (d) Anyone against whom a claim was made, and the Court, term or number of any claim or lawsuit that was filed, in connection with any such injuries or diseases. 2. Have you or your representatives applied to any motor vehicle insurance carrier, workman's compensation carrier, Pennsylvania Assigned Claims Plan, medical payment plan, or any other type of health or accident insurance carrier for payment of medical expenses and/or losses you claim to have suffered as a result of injuries referred to in the preceding interrogatory? 3. If the answer to the preceding interrogatory is "yes", please state: (a) The names and addresses of all insurance carriers to which you or your representatives have applied; (b) The date or dates of application; (c) The amount of payments made; (d) The names and addresses of any health care providers who examined you and/or reviewed your medical information at the request or direction of the insurance carrier; (e) If applicable, the dates, and reasons given for denial of payment for any of your medical treatment by the insurance carriers. 4. Give the names and addresses of your family physician presently, at the time of the accident, and for the three years preceding the date of the accident. 5. Before the date of the accident set forth in the Complaint, had you been involved in any motor vehicle accidents? 6. If the answer to the preceding interrogatory is "yes", please state: (a) The date(s) and location(s) of the accident(s); (b) The identity of all person involved in the accident(s), either as drivers or as passengers; (c) What injuries, if any, were sustained by any of the parties to the accident(s); (d) The name of the hospital or other institution, doctor or other person whom you were examined or treated by, the dates and length of such examination and/or treatment. 7. Have you ever sustained any injuries or had any other illness, operation, or medical condition requiring treatment before the date of the accident set forth in the complaint? 8. If the answer to the preceding interrogatory is "yes", please state: (a) The nature of such injury, illness, operation or condition; (b) he name and address of any hospital or other institution in which you were examined or treated, and the date thereof; (c) The name of the doctor, chiropractor, or other person by whom you were examined or treated. 9. At any time before the accident set forth in the Complaint, have you ever had any x- rays, MRI's, radiology films, mammograms, myelograms, PET scans, CAT scans, photographs,bone scans, pathology/cytology/histology/autopsy/immunohisto- chemistry specimens, cardiac catheterizations taken of your head, neck, spine, or body? 10. If the answer to the preceding interrogatory is "yes", please state the date, location, and doctor or radiologist who performed the x-ray(s), MRI's, radiology films, mammograms, myelograms, PET scans, CAT scans, photographs,bone scans, pathology/cytology/histology/autopsy/immunohisto-chemistry specimens, cardiac catheterizations. 11. Do you allege that the accident set forth in the Complaint aggravated a pre-existing condition? 12. If the answer to the preceding interrogatory is "yes", please state: (a) Whether you had recovered from such condition at the time of this accident and the approximate date of your recovery; (b) The name and address of each hospital or other institution to which you had gone for examination or treatment for the pre-existing condition and the date of your last visit; 13. At any time before the date of the accident set forth in the Complaint, had you ever applied for any veteran's disability or pension benefits, social security disability benefits, workman's compensation, partial or total disability insurance benefits, or any other welfare benefits based upon disability or inability to work? HOHN & SCHEUERLE By: STEPHEN A. SCHEUERLE, ESQUIRE CHARLES L. McNABB, ESQUIRE Attorney for Defendants HOHN & SCHEUERLE ATTORNEYS AT LAW SUITE 3242 1700 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-9995 FAX (215) 496-9997 ALICIA M. NELSON ANELSONAD V ERDICT.COM DIRECT DIAL: 215496-0632 FILE #2000-15 Jeffrey R. Schott, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 June 26, 2008 Re: Cynthia Ruth Baron V. Transport America and James DeBardelaben No. 96-1277 Civil Term Dear Mr. Schott: Please allow this letter to serve as a follow-up regarding the status of your client's responses to Supplemental Interrogatories (Set I) and (Set II) which were propounded upon you on or about December 6, 2007. As of today's date, we have not yet received responses to those discovery requests. I would ask that you please contact me within ten (10) days from the date of this letter to advise as to when we might expect those discovery responses. Should I not receive a response from you, I will be forced to file a Motion to Compel with the Court. I thank you for your attention to this matter and look forward to hearing from you soon. Sincerely, AMNlbm ALICIA M. NELSON ? rt ?4 Co 1 AUG Z 5 LuUU BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(?DVERDICT.COM Identification No.: 38558 BY: CHARLES L. McNABB, ESQUIRE CMCNABBQDVERDICT.COM Identification No.: 60494 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON COURT OF COMMON PLEAS CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN No. 96-1277 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this 27 ("1ay of s , 2008 upon consideration of the within Motion to Compel of Defendants, a Rule is hereby issued upon Plaintiff to show cause why the within Motion should not be granted. ?s U, z19 17 RULE RETURNABLE , i , Peaasyl* a. BY THE COURT: . ,., , 'd 0 :C W!d LZ nV 8392 =IRL :-O CYNTHIA RUTH BARON, Plaintiff v. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.96-1277 CIVIL TERM IN RE: DEFENDANTS, TRANSPORT AMERICA AND JAMES DEBARDELABEN MOTION TO^ DISMISS PURSUANT TO C.C.R.P. 228 AND PA. R.C.P. ~1901(c) ORDER OF COURT AND NOW, this 20~' day of July, 2010, upon consideration of the above- captioned motion, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted: RULE RETURNABLE within 21 days from the date of this order. BY THE COURT, ./ Jeffrey R. Schott, Esq. Suite 100 800 N. Second Street Harrisburg, PA 17102 Attorney for Plaintiff Stephen A. Scheuerle, Esq. ~icia M. Nelson, Esq. HORN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 Anttorneys for Defenldants `v 1~ ~ E.C rYt~~ l~C~ '>'fac~rd ~rr1 ., ;,,,,~~~ ~~:r ~' ~~L~. ~ G~~ J ~ Wesley Ol , Jr. ~' ` ~ 3 "T? 3 C..~ - p- .W. ~ r, h- ? S - _ . ;~ .~ so CII ;_~ - ~' _ . ~pl o IIUG t ~ /(M t 0 : S/ Jeffrey R. Schott, Esquire Supreme Court I.D. No. 83164 Email: jef£schottna,verizon.net IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-23 8-6691 ~t°.. ;. Attorneys for: PLAINTIFF CYNTHIA RUTH BARON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. laintiff, vs. i NO. 96-1277 CIVIL TERM TRANSPORT AMERICA an~ JAMES DEBARDELABEN, Defendant. PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS Plaintiff, Cynthia Baron Williams, respectfully submits the instant Response to the Rule to Show Cause why the Motio$r to Dismiss should not be granted. 1. Admitted. 2. Denied and the Rules speak for themselves. By way of further response, the matter has not been inactive ~ for "an extended period of time." The instant counsel for the Defendants have been involved in this matter for less than three years, resulting in changes in the settlement positions, stances of the parties, and the prosecution and defense of the case. (Exhibit "A" attached hereto). This has occurred several times in the course of this action. A deposition proposed by Defendants was delayed due to surgery and Counsel for Defendants was requested to reschedule at a mutually agreeable time and place, inasmuch as the originally proposed location was not wheelchair accessible. (Exhibit "B" attached hereto). Action has been taken on the instant matter within the immediately preceding two years. In preparation for the proposed deposition, Defendants served upon Plaintiff Interrogatories, followed by a Motion to Compel on or about August 13, 2008 and an Order to Show Cause was issued some time thereafter. (Exhibit "C" attached hereto). The Motion, a proceeding of record, was subsequently withdrawn upon submission of Answers to Interrogatories. Counsel for Plaintiff was placed under the impression that the Interrogatories promulgated by current counsel for Defendants were requested in preparation for the deposition which was to proceed in order that pre-trial motions could be filed or damages reassessed. Plaintiff stood ready for that agreed-to process and maintained the expectation that the matter would proceed as agreed. Inasmuch as the further actions to take place in this matter were agreed-to, Defendants should not be in a position to benefit as a result. Furthermore, Pa. R.C.P. § 1901(a) provides for the tribunal, on its own motion, and not on the motion of Defendants, to take such action. Moreover, other procedures specified, such as the thirty days written notice for opportunity for hearing, have not taken place. Additionally, Defendants have failed to assert or plead prejudice as a ground for their Motion. 3. Denied and the Rules speak for themselves. By way of further response, there have been proceedings of record within the previous two years. Accordingly, the Prothonotary leas not taken the actions specified by C.C.R.P. 228, and the procedures pursuant to that Rule have not been implemented. 4. Denied. For the reasons noted in the preceding paragraphs, this pending action does not fall within the confines of the Rules cited and the Defendants' request is out of order. WHEREFORE, Plaintiff requests that the instant Motion to Dismiss be denied and a discovery timeline issued in order that the deposition proposed by Defendants may proceed. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: Y R. SCHOTT HOHN & SCHEiJERLE ATTORNEYS AT LAW SUITE 2901 1835 MARKET STREET PHILADELPHIA, PA 19103 (11 S) 4y6-y995 FAX (215) 496-9997 STEPHEN A. SCHEUERLE DIRECT DIAL: 215-496-0632 SSCHEUERLEna,DVERDICT COM FILE #2000-15 November 20, 2007 Office of Prothonotary a :~ Cumberland County Court of Common Pleas ~ F , ~~ :. . One Courthouse Square ~~ Carlisle, PA 17013 Re: Cvnthia Ruth Baron v Transport America and James DeBardelaben No. 96-1277 Civil Term Dear Sir/Madam: Please find enclosed Jack Emas & Associates' Withdrawal of Appearance and our Entry of Appearance for defendants, Transport America and James DeBardelaben. I would appreciate your filing same and returning atime-stamped copy in the enclosed, self- addressed, stamped envelope. Thank you for your attention in this matter. SAS/mz Enclosure cc: Jeffrey R. Schott, Esquire Jack Emas, Esquire Very truly yours, STEPHEN A. SCHEUERLE EXHIBIT "A" LAW OFFICES IRA H. WEINSTOCK, P. C. SUITE 100 800 N. SECOND STREET HARRISBURG. PENNSYLVANIA 17102 IRA H. WEINSTOCK JASON M. WEINSTOCK JOHN B. DOUGHERTY AREA CODE 717 JEFFREY R. SCHOTT TELEPHONE: 238-1657 JOHN POZNIAK January 18, 2008 Stephen A. Scheuerle, Esquire Horn & Scheuerle Via FAX only: (215) 496-9997 FAX: (717) 238-6691 E-MAIL ADDRESS weinstock.lawCa.verizon net Re: Cynthia Ruth Baron v. Transport America, No. 96-1277 Dear Stephen: Thank you for returning my call today regarding the scheduled deposition of Ms. Baron. As we discussed, she recently had surgery to her foot and is wheelchair bound, and my office is not handicapped accessible. She expects to be more mobile within one to two months, and pursuant to our conversation, we will arrange a mutually agreeable time and place for the deposition at that time. Thank you for your courtesy. If you have any questions, please feel free to call me. Very truly yours, Jeffrey R. Schott EXHIBIT "B" ~t 14 2008 9:20RM BY: BY: HORN & SCHEU~$RL; 1700 MnrketStreet Suite 3242 Philsidelphia, PA 1 03 (Z15) 496-9995 2154969997 p.2 AUG ~ 5 2008 ESQUIRE ESQUIRE Our File #2000-15 Attorney fvr Defendants, Transport America aed James DeBardelxben CYNTHIA RUTH BARON COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY v: i • TRANSPORT AME~ JAMES DEBARDEI~ AND N4W, th within Motion to Comb why the within Motion RULB RETURI BY THE COUR HOI-11`4g,SCHEUERLE t sTEPxEN a ,~. EXHIBIT "C" and Na. 96-12?~ CIVIL TERM RULE TO SHOW C,~1USE t4! _ ~Y of 2008 upon consideration of the 1 of Defendants, a e is hereby issued upon Plaintiffto show cause ntrt be grant. ~I}}- its o~Q 3 ~ ~ ScRV~1CG VERIFICATION Jeffrey R. Schott, Esquire, states that the facts represented in Plaintiff's Response in Opposition to Defendants' Motion to Dismiss are true and correct to the best of his knowledge, recollection, information, and belief, and that the statements therein are subject to the provisions of 18 Pa.C.S §4904. By CYNTHIA RUTH BARON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. NO. 96-1277 CIVIL TERM TRANSPORT AMERICA and .LAMES DEBARDELABEN, Defendant CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Response in Opposition to Defendants' Motion to Dismiss was served by insertion into the U.S. Mail, postage prepaid, on August 6, 2010, addressed to: Stephen A. Scheurle, Esquire Alicia M. Nelson, Esquire Horn &Scheurle 1700 Market Street Suite 3242 Philadelphia, PA 19103 IRA H. WEINSTOCK, P.C 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 ..~ Dated: August 6, 2010 By: FFRE'~' R. SCHOTT CYNTHIA RUTH BARON, Plaintiff V. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 96-1277 CIVIL TERM IN RE: DEFENDANTS, TRANSPORT AMERICA AND JAMES DEBARDELABEN MOTION TO DISMISS PURSUANT TO C.C.R.P. 228 AND PA. R.C.P. 41901(c) ORDER OF COURT AND NOW, this 200' day of August, 2010, upon consideration Defendants' Transport America and James DeBardelaben Motion To Dismiss Pursuant to C.C.R.P. 228 and Pa. R.C.P. §1901(c), and of Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss, it is hereby ordered and directed as follows: 1. The petition shall be decided under Pa. R.C.P. 206.7; 2. Depositions shall be completed within 49 days of the date of this order; 3. Argument shall be held on Thursday, October 28, 2010, at 3:15 p.m.; and 6. Briefs shall be submitted at least seven days prior to argument. Jeffrey R. Schott, Esq. Suite 100 800 N. Second Street Harrisburg, PA 17102 Attorney for Plaintiff BY THE COURT, R? J. Wesley Oler, Jr,:, J. 10 N r Stephen A. Scheuerle, Esq. ,,--Alicia M. Nelson, Esq. HORN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 Attorneys for Defendants :rc Cr tE?Sc rn.CI6 LLsl CYNTHIA RUTH BARON, Plaintiff v. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 96-1277 CIVIL TERM IN RE: DEFENDANTS' MOTION TO DISMISS PURSUANT TO C.C.R.P. 228 AND PA. R.C.P. 1901(c) BEFORE OLER, J. ORDER OF COURT AND NOW, this 3rd day of November, 2010, upon consideration of "Defendants, Transport America and James DeBardelaben Motion To Dismiss Pursuant to C.C.R.P. 228 and PA. R.C.P. 1901(c)," and following oral argument held on October 28, 2010, the motion is denied. Jeffrey R. Schott, Esq. 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff Ste hen A. Scheuerle Es . P q Alicia M. Nelson, Esq. HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 Attorneys for Defendants Cc» ~'~s ,rri.~ ~~ ~~ a/rv ~rY~ ~ c ~ ~ ~ -~ ~ ~~ o ~ -+ ~~ ~. rT, ~ ~, ~ ~~ ~~ c~ ~o -+n c~ ~' ~ --n o-,z ~o Dc ~ ;- ~c~ ~Rr ~ ~ w o D ~ -~ IEPi-OFFIC -` BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLEQ)DVERDICT.COM Identification No.: 38558 BY: ALICIA M. NELSON, ESQUIRE ANELSON(a,DVERDICT.COM Identification No. 93087 Identification No.: 60494 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 I J" N -4 Atli 10.* 1 '.;. Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 96-1277 CIVIL TERM TRANSPORT AMERICA AND JAMES DeBARDELABEN 5. Defendants, Transport America and James DeBardelaben respectfully move this court to le a Status Conference for this matter. Plaintiff filed this civil action in the Court of Common Pleas of Cumberland County in 1996 as a result of an automobile accident which allegedly occurred on March 9, 1994. On July 13, 2010, Defendants filed a Motion to Dismiss pursuant to 201 Pa. R.C.P. § 1901 for lack of activity on the part of Plaintiff. On November 3, 2010 the Honorable J. Wesley Olger, Jr. denied the Defendants' Motion to Dismiss without opinion. Currently, this matter is not listed for trial and there are no scheduled court events. Defendants wish to move towards resolution in this matter and therefore request that a Status Conference be scheduled to facilitate same. WHEREFORE, Defendants request the instant Motion to Schedule a Status Conference be (granted. HOHN & SCHEUERLE DATED: Z 3 ?? By: STEPHEN A. SCHEUERLE, ESQUIRE ALICIA M. NELSON, ESQUIRE Attorney for Defendants, Transport America and James DeBardelaben VERIFICATION Stephen A. Scheuerle, Esquire states that he is the attorney for the Defendants in the above ; that the facts set forth in the foregoing MOTION TO SCHEDULE A STATUS are true and correct to the best of his knowledge, information and belief and that statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. STEPHEN A. SCHEUULE, ESQUIRE ALICIA M. NELSON, ESQUIRE Counsel for Defendants, Transport America and James DeBardelaben JBY: STEPHEN A. SCHEUERLE, ESQUIRE ntification No.: 38558 : ALICIA NELSON Identification No.: 93087 HOHN & SCHEUERLE 1700 Market Street Suite 3242 iiladelphia, PA 19103 15) 496-9995 ur File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON COURT OF COMMON PLEAS CUMBERLAND COUNTY V. TRANSPORT AMERICA and JAMES DEBARDELABEN No. 96-1277 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Motion to Dismiss was served on the following counsel by United States first class mail, postage prepaid on the O day of ?UCOX9010. Jeffrey R. Schott, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 HOHN & SCHE RLE By: STEPHEN A. SCHEUERLE, ESQUIRE ALICIA M. NELSON, ESQUIRE Counsel for Defendants a -1, 11 BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLEa,DVERDICT.COM Identification No.: 38558 BY: ALICIA M. NELSON ANELSONQDVERDICT.COM Identification No.: 93087 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Our File #2000-15 Attorney for Defendants, Transport America and James DeBardelaben CYNTHIA RUTH BARON COURT OF COMMON PLEAS CUMBERLAND COUNTY V. TRANSPORT AMERICA and , JAMES DEBARDELABEN No. 96-1277 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this day of , 2011 upon consideration of the within otion to List Case for Status Conference, a Rule is hereby issued upon Plaintiff to show cause iy the within Motion should not be granted. RULE RETURNABLE day of , 2011 at Courtroom at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: CYNTHIA RUTH BARON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendant NO. 96-1277 CIVIL TERM IN RE: DEFENDANTS' MOTION TO SCHEDULE A STATUS CONFERENCE ORDER OF COURT AND NOW, this I Oh day of January, 2011, upon consideration of "Defendants Transport America and James DeBardelaben Motion To Schedule a Status Conference", a status conference is scheduled for Wednesday, March 2, 2011, at 11:00 a.m., in chambers of the undersigned judge. `Jeffrey R. Schott, Esq. 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff Stephen A. Scheuerle, Esq ?Alicia M. Nelson, Esq. HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 Attorneys for Defendants BY THE COURT, ?aP a? CD z? _1 "n C- TTI M X- Q - M 701 ??r < } W . E - rc ! CYNTHIA RUTH BARON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendants NO. 96-1277 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 2nd day of March, 2011, upon consideration of Defendants' Motion To Schedule a Status Conference, and following a status conference held in the chambers of the undersigned judge, in which Plaintiff was represented by Jeffrey R. Schott, Esquire, and Defendants were represented by Stephen A. Scheuerle, Esquire, it is ordered and directed as follows: 1. Supplemental answers to discovery requests previously propounded by the parties shall be provided to opposing counsel within 45 days of today's date; 2. All discovery, with the exception of the exchange of expert reports, shall be completed in this case within 120 days of today's date; 3. Plaintiff's expert report(s) shall be served upon Defendants' counsel within 30 days thereafter; 4. Defendants' expert report(s) shall be served upon Plaintiff's counsel within 30 days after the due date for the service of Plaintiff's expert report (s); 5. Thereafter either counsel may list this case for trial; and 6. Nothing in this order is intended to preclude the parties from engaging in mediation in an effort. to resolve this case. ? Jeffrey R. Schott, Esquire 800 North Second Street Harrisburg, PA 17102 For Plaintiff Stephen A. Scheuerle, Esquire 1700 Market Street Suite 3242 Philadelphia, PA 19103 For Defendants :mae Copies ma..ted 31411 vAw r.1 Dn" q aI- By the Court, 5 BY: STEPHEN A. SCHEUERLE, ESQUIRE Identification No.. 38558 BY: ALICIA M. NELSON iuvHt11'caT10n AO.: VM87 HOHN & SCHEUERLE 1700 Market Street Suite 3242 iiladelphia, PA 19103 15) 496-9995 ur File #2000-15 C? L D"'FrICF- ZDf J KQ Y T ???? i?, ? CUMBE 2b P? l` 00 IVIA Attorney for Defendants, Transport America and James DeBardelaben RUTH BARON V. TRANSPORT AMERICA and JAMES DEBARDELABEN • COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 96-1277 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this 'I day of 2011 upon consideration of the within Motion for Sanctions Directed to Plaintiff, a Rue is hereby issued upon Plaintiff to show cause why the within Motion should not be gaited. RULE RETURNABLE 4!?RA day of ?-, 2011 at __90) in Courtroom I_ at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: 0005 W10a Jerry R. a? OFT Jason M. Weinstock, Esquire Supreme Court I.D. No. 69272 Emil: j. we iii stock Lc?,verizon.net Jeffrey R. Schott, Esquire Supreme Court I.D. No. 83164 Email: j 01. schott(?Oerizon. net IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 0 1- 11 y Cu` - t `yF j§:e Nil l Attorneys for: PLAINTIFF CYNTHIA RUTH BARON, Plaintiff, vs. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. No. 96-1277 Civil Term PETITION TO TERMINATE REPRESENTATION Jason M. Weinstock, Esquire, and Jeffrey R. Schott, Esquire, and the Law Offices of Ira H. Weinstock, P.C., respectfully submit the instant Petition to Terminate Representation of Plaintiff in the above-captioned matter and, in support thereof, assert the following: 1. The attorney-client relationship in the current instance is governed by a fee agreement between the client and Ira Weinstock, P.C., Jason M. Weinstock, Esquire and Jeffrey R. Schott, Esquire, has also worked on the case. 2. In March 2011, the Court issued a Scheduling Order with deadlines relating to discovery and trial listing. 3. Noting differences and difficulties working with the client dating back to the previous fall and in the prior years, petitioning attorneys, for many months, requested the client consider pursuing alternative representation. Alternative representation had not been obtained. 4. Petitioning attorneys have attempted to comply with the Court's Order and requested materials regarding discovery responses and clarification on costs from the client. Petitioning attorneys communicated the Court's April deadline to Plaintiff for responses. Substantive responses have not been received. 5. On or about May 5, 2011, petitioning attorneys sent to the client two copies of a letter outlining the importance of the situation and the discovery deadlines. 6. The client has not returned phone calls made in the last five weeks to follow up on this matter by two attorneys. Substantive responses to the requests giving rise to the phone calls would have been necessary in order to comply with the Court's Scheduling Order. 7. The client was sent an email on or about May 26, 2011 noting that the discovery information still had not been received. ?. As a result of the lack of Plaintiff's cooperation, a Motion for Sanctions is pending before the Court. 9. As a result of the lack of cooperation noted above, petitioning attorneys have been and remain unable, despite best efforts, to abide by the Court's Order. 10. Pennsylvania Rule of Professional Conduct 1.16(b)(6) provides that a lawyer may withdraw from representing a client if the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client. H. Pennsylvania Rule of Professional Conduct 1.16(b)(5) provides that a lawyer may withdraw from representing a client if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled. 12. Pennsylvania Rule of Professional Conduct 1.16(b)(7) provides that a lawyer may withdraw from representing a client if the client if other good cause for withdrawal exists. 13. In the current instance, representation has been rendered unreasonably difficult by the client. 14. In the current instance, the client has failed substantially to fulfill obligations to the lawyer to cooperate in the course of the case and to bear costs. 15. In the current instance, the client has been requested for a period of many months to pursue other representation due to inability to agree and cooperate relative to the terms of representation. 16. In the current instance, good cause to withdraw exists in that the attorneys bound by the Orders of the Court cannot comply with those orders in light of the current circumstances. 17. In the current instance, good cause to withdraw exists in that the attorneys, absent substantive communication with the client, cannot obtain permission or orders on methods to proceed. 18. In the current instance, the client is not materially adversely affected because the current circumstances render the attorneys' services completely ineffective and immaterial on behalf of the client. WHEREFORE, Petitioners respectfully request that the instant request to terminate representation be Granted. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: J,lSq)N M. WEINSTOCK ,j By: R. SCH CERTIFICATE OF SERVICE AND NOW, this day of , 2011, I, Jason M. Weinstock, Esquire, attorney for Plaintiff, hereby certify that I served the within PETITION TO TERMINATE REPRESENTATION this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Stephen A. Scheuerle, Esquire Charles L. McNabb, Esquire Horn & Scheuerle 1700 Market Street, Suite 3242 Philadelphia, PA 19103 Cynthia Baron Williams 304 Ridge Road Annville, PA 17033 By: JASON M. WEINSTOCK ,. t CYNTHIA RUTH BARON, Plaintiff, vs. TRANSPORT AMERICA and JAMES DEBARDELABEN, : Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. No. 96-1277 Civil Term C-3 '_' :-, 4r, RULE TO SHOW CAUSE AND NOW, this day of June, 2011, upon considera ' n f the Petition to a t7 ej) Withdraw Representation, a Rule is hereby issued upon Plaintiff to show cause why the within Motion should not be granted. i I Nt. 42tG Z rL.!S ,Z t 1 ? -? s RULE RETURNABLE d f- (f cC17 < BY THE COURT: '/Jaaon M. Weinstock, E-Si- v s+cPhen A . Scheuerie- , F.sc- vCynfhia &ron Williams eopie3 W A Jason M. Wei stock, Esquire Supreme Court I.D. No. 69272 Email:I weir, tock Lverizon.ne Jeffrey R. Schott, Esquire Supreme Court I.D. No. 83164 Email: jeff.sc ott a)verizon.net IRA H. WEIN TOCK, P.C. 800 North Sec nd Street Harrisburg. P 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 CYNTHIA RUTH BARON, Plaintiff, vs. AIft LE:`a-OF f?IC T?' E 'ROTHONOTA 20((,UL-I N 2:,;10 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for: PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. No. 96-1277 Civil Term TRANSPORT AMERICA and JAMES D BARDELABEN, Defendant. PRAECIPE TO WITHDRAW THE JUNE 9, 2011 PETITION TO TERMINATE REPRESENTATION TO THE PROTHONOTARY: On r shortly after June 9, 2011, attorneys for Plaintiff filed a Petition to Terminate Representat-on of the above-captioned Plaintiff. Plaintiff has subsequently contacted her attorneys to esolve the issues surrounding said Petition. Petit oners hereby withdraw the above described Petition. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: Jv-?- By: M. WEINSTOCK Y R. SCH CERTIFICATE OF SERVICE AND NOW, this 30th day of June, 2011, I, Jason M. Weinstock, Esquire, attorney for Plaintiff hereby certify that I served the within PRAECIPE TO WITHDRAW THE JUNE 9, 2011 PETITION TO TERMINATE REPRESENTATION this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed By First Class Mail: Stephen A. Scheuerle, Esquire Charles L. McNabb, Esquire Horn & Scheuerle 1700 Market Street, Suite 3242 Philadelphia, PA 19103 Cynthia Baron Williams 304 Ridge Road Annville, PA 17033 By: JASON M. WEINSTOCK CYNTHIA RUTH BARON, Plaintiff V. TRANSPORT AMERICA and JAMES DEBARDELABEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 96-1277 CIVIL TERM IN RE: DEFENDANTS' MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 21St day of July, 2011, upon consideration of Defendants' Motion for Sanctions, and upon relation of Stephen A. Scheuerle, Esq., that a settlement has been reached in this matter, the hearing previously scheduled for July 22, 2011, is cancelled, and Defendants' Motion for Sanctions is deemed moot. V/Jeffrey R. Schott, Esq. 800 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff Stephen A. Scheuerle, Esq. Alicia M. Nelson, Esq. HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 Attorneys for Defendants 4ies ibcallf orb rn Co =-n -a N ? j--4 ?c ?? ? Cyl a : rc BY THE COURT, - UN UTA BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(a),DVERDI<:;T.COM ' I 0{° t.a } 2 ~ F~~ 1: ~j Identification No.: 38558 By: ALICIA M. NELSON, ESQUIRE ~ E[.I~.~E RAANp COUNTN,' ANELSON(a~DVERDICT.C'OM ~:=;:~,a~~~~ ~,~~~p, Identification No.: 93087 HOHN & SCHEUERLE 1700 Market Street Suite 3242 Philadelphia, PA 19103 (215) 496-9995 Attorney for Defendants, Our File #2000-15 Transport America and James DeBardelaben CYNTHIA RUTP, BARON . COURT OF COMMON PLEAS , CUMBERLAND COUNTY v. ' TRANSPORT AMERICA and ' JAMES DEBARDELABEN No. 96-1277 CIVIL TERM • ORDF.R TO SETTLE DISCONTINUE AND END TO THE PROTHONOTAR.Y: Kindly mark the above matter settled, discontinued and ended upon payment of your costs only. 4tt . SCHOE UIRE y for Plaintiff