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HomeMy WebLinkAbout02-5039HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 33 EAST HIGH ST CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFFS LAWRENCE WHITAKER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW SCOTT COLIN MOORE : NO. 02 - b7? CIVIL TERM Defendant IN TRESPASS NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAWRENCE WHITAKER, JR. Plaintiff VS. SCOTT COLIN MOORE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02 - b-b 31 CIVIL TERM :IN TRESPASS COMPLAINT NOW comes the plaintiff, Lawrence Whitaker, Jr., by his attorney, Harold S. Irwin, III, Esquire, and files this complaint against the defendant, Scott Colin Moore, representing as follows: 1. Plaintiff is Lawrence Whitaker, Jr., an adult individual residing at 8 Doe Hill Court, Ellicott City, Maryland 21228. 2. Defendant is Scott Colin Moore, an adult individual residing at 30 Gary Player Drive, Etters, Pennsylvania 17319.. 3. On November 22, 2000, defendant was operating a 1994 Ford Taurus automobile (registration plate number ANF - 8632) in an eastbound direction on S.R. 581, in Hampden Township, Cumberland County, Pennsylvania. 4. At said time and place, the automobile being operated by defendant Scott Colin Moore was owned by Scott Colin Moore and Alicia Moore. 5. At said time and place, plaintiff Lawrence Whitaker, Jr., was operating a 1998 International motor vehicle (registration plate number OOOTE55), also in an eastbound direction on S.R. 581, in Hampden Township, Cumberland County, Pennsylvania. 6. Plaintiffs vehicle was owned by Jordan Auto Towing Service, of 1725 Gwynn Oak Avenue, Baltimore, Maryland. 7. At said time and place, defendant attempted to pass plaintiffs vehicle; however, in the process of passing, defendants' vehicle left the passing lane and struck plaintiffs vehicle near the left front corner of plaintiffs vehicle, causing a collision between these vehicles and the resultant injuries and damages to plaintiff as hereinafter set forth. 8. Upon impact, defendant accelerated at a high rate of speed, attempting to elude plaintiff. 9. Plaintiff followed defendants' vehicle until it exited from S.R. 581 and stopped at a stop sign, whereupon plaintiff demanded that defendant pull over. 10. Upon investigation by the Pennsylvania State Police, the office detected an odor of alcohol about defendant's person, observed that defendant had blood shot and glassy eyes and was told by defendant that defendant had consumed three beers. 11. The investigating officer required the defendant to perform three field sobriety tests, one of which defendant failed. The officer then administered a portable breath test, the results of which indicated that defendant had a blood alcohol level of .08%. 12. Defendant was charged with various violations of the Motor Vehicle Code, including Sections 3731 (Al), 3309 (1), 3743 (A), 3744 (A) and 3746 (A). 13. Said collision and the resulting injuries and damages to plaintiff were solely due to the carelessness, recklessness and negligence of defendant, including but not limited to the following: A. In failing to have his vehicle under proper control; B. In failing to drive at a safe speed; C. In failing to properly maneuver his vehicle out of the passing lane so as to avoid a collision with plaintiffs; D. In failing to take appropriate action to avoid the plaintiffs' vehicle; E. In operating his motor vehicle while under the influence of alcohol; and F. In otherwise failing to exercise appropriate care and caution under the circumstances. 14. As the direct result of defendant's negligence, recklessness and carelessness as aforesaid and the collisions that resulted therefrom, plaintiff suffered serious personal injuries, including, but not limited to post traumatic headaches, cervical strain/sprain, multiple cervical subluxations, myospasms, right knee strain/sprain, right hip strain/sprain, and right shoulder strain/sprain. 15. As the direct result of defendant's negligence, recklessness and carelessness as aforesaid and the collisions that resulted therefrom, plaintiffs injuries have required an extensive course of treatment and physical therapy, including, but not limited to heat applications, analgesics, cryotherapy/hot fragmentation, electrical muscle stimulation, soft tissue massage, myofacial release, ultrasound, intersegmental traction, and manual traction to decrease muscle spasms, inflammatory pain and as an adjunct to manipulative procedures. 16. As the direct result of defendant's negligence, recklessness and carelessness as aforesaid and the collisions that resulted therefrom, plaintiffs injuries may create the necessity for future medical treatment, physical therapy, extended recuperation and medical expenses resulting therefrom. 17. As the direct result of defendant's negligence, recklessness and carelessness as aforesaid and the collisions that resulted therefrom, plaintiff incurred substantial medical expenses in excess of Five Thousand ($5,000.00) Dollars for evaluation and treatment of his injuries and extended care and may in the future incur medical expenses for care related to the injuries incurred in this accident. 18. As the direct result of defendant's negligence, reckless and carelessness as aforesaid and the collisions that resulted therefrom, plaintiff suffered loss of income in excess of Thirty-three Hundred ($3,300.00) Dollars during the period of time in which he was unable to work due to the injuries, treatment and recuperation therefrom - from at least November 22, 2000 through February 14, 2001 - and may again in the future suffer loss of income due to future medical care related to the injuries incurred in this accident. 19. As the direct result of defendant's negligence, recklessness and carelessness as aforesaid and the collisions that resulted therefrom, plaintiff suffered serious pain, suffering and discomfort, inability to perform his normal routine, household activities, and a loss of life's pleasures, and may in the future suffer serious pain, suffering and discomfort and related affects on his enjoyment of life due to his injuries and future medical care related to the injuries incurred in this accident. 20. As the direct result of defendant's negligence, recklessness and carelessness as aforesaid and the collisions that resulted therefrom, plaintiff incurred impairment of the right lower extremity, right upper extremity and his cervical spine region, which impairments continue to this date and may be permanent. WHEREFORE, plaintiffs demand judgment against the defendants in an amount less that Twenty-five Thousand and no/100 ($25,000.00) Dollars, plus costs of this action, attorney fees and delay damages. October /,S, 2002 Attorney for IRWIN, 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own. I have read the complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the complaint is that of counsel, I have relied upon counsel in making this verification. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. October _LL, 2002„w?.wc r ICJ Lawrence Whitaker, Jr. R UV i W C C A O C? _JJ ,,J v IV- J... ire S OF CUM IN THE COURT OF COMMON PLEVAIL ACT ON BERL ND COUNTY, PENNSYLVANIA CI - LAW LAWRENCE WHITAKER, JR., Plaintiff NO. 02-5039 Civil Term V. SCOTT COLIN MOORE, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant in the above captioned action. EAGER, REINAKER & SPINELLO BY: / Gorge H. 4r, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Harold S. Irwin, Esquire 35 East High Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: 3?/ BY: George H. Eager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 C) - 0 rill, -i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff V. SCOTT COLIN MOORE, Defendant NO. 02-5039 Civil Term ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 3. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 4. Admitted. 5. - 20. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 21. Paragraphs 1 through 20 inclusive above are incorporated herein by reference and made a part hereof. 22. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Finanacial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to them under the aforementioned act. 23. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 24. Plaintiff's claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 25. Plaintiff's claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, REINAKER & SPINELLO BY: Geo ge H. Eager? squire Attorney for Defendant I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, SCOTT COLIN MOORE, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. SCOTT COLIN MOORE Dated: 111 Jo ?)-- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Harold S. Irwin, Esquire 35 East High Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: L 0_2_ BY: /X George H. Eager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ?_- . _ ? , , = ?; ?:; ? _ t;?;' .: _? , ?s-; , - _-. ;° ?=- < - .. :`_ ., ?, i ,,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO. 02-5039 Civil Term V. SCOTT COLIN MOORE, Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Harold S. Irwin, Esquire 35 East High Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: BY: George H. ager, uire Attorney for Def ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Ci r ?i??. _ _ ?'- , _.- ^ri . ? _ -. . i. J ?i i y \) ?,?i ::7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO. 02-5039 Civil Term V. SCOTT COLIN MOORE, Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Harold S. Irwin, Esquire 35 East High Street Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: Won, BY: /` George H. age squire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ?-; c?- - _?_? C_ ?V 'TY -^T ? ? ?? ' , n?; ?: " _ _ f^`? 1. - •. -T _ _ - ,__ ? .r' t_..:: __ '.t .. ?i'ri j - i\` "tt ? t.: -?? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITAKER LAWRENCE JR VS MOORE SCOTT COLIN R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MOORE SCOTT COLIN but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 15th 2002 this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 31.68 .00 68.68 11/15/2002 HAROLD IRWIN III So answer R Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this Ida,d- day of II_ ?P a.yUa A. D. Prothonotary ary COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPS 1. PLAINTIFF/S/ 2. OURT NUMBER Lawrence Whitaker Jr. 02-5039 civil v. ucr LNUANI/b/ _ 4. TYPE OF WRITXR COMPLAINT Scott Colin Moore Notice and Complaint SERE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Scott Colin Moore 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 30 Gary Player Drive Etter p, PA 17319 7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE DEPUTIZE ? 1ST CLASS MAIL ? POSTED ? OTHER NOW October 18 2002 I, SHERIFF OFVZW COUNTY PA,do hereby deputize the sheriff of York COUNTY to execut make return thel!epf according to law. This deputization being made at the request and risk of the plaintiff.'''" 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SFRVICF- SHERIFF Ur COUNTY OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED HAROLD S. IRWIN, III 35 E. HIGH ST. CARLISLE, PA 170 3 243-6090 10-17-02 12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed). CUMBERLAND CO. SHERIFF 13, 1 - - - - acknowledge receipt of the writ R. A H R E N S 14. --- DATER EIVED 15. Expiration/Hearing Date or complaint as indicated above. 1 D- 02 X X X 11 16 0. 16. HOW SERVED. PERSONAL (id' RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW IT O I hereby certify and return a NOT FOUND because I am unable to locale the individual, company, etc. named above. (See remarks below.) 1 NAM TIT IND.IVU)BISAL RVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 ate f i 20 . o erv ce . Time of Service Va? 2 ATTEMPTS a1E Time Miles Int. Date Time Miles Inn- Date Time Miles Int Date Time Miles Int D t Ti n . . a e me es t. Dale Time e$ Int. hoc 23. Advance Is 24. Service Costs 25. NIF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surnhg. 32. Tot, Casts 33. Costs D Refund eck No. 75.00 18.00 11.68 29.68 2.00 31.68 43.321y 34. Foreign County Costs 35. Advance Costs 36. Service costs 37. Notary Cert. 38- Mileage/PostageMot Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this 12 42, day of NOV 1`19 LISSA J. City of 48. HOSE ?, ,P? °t1L 11-12-02 /?? County Sheriff y v [? aa. UAIL 50. 1 CK WLEDGE RECEIPT OF THE SHERIFF' URN IGNATURE 51. DATE RECEIVED F AUTHORIZED ISSUING AUTHORITY ANO T I HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST NIGH ST CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFFS LAWRENCE WHITAKER, JR. Plaintiff VS. SCOTT COLIN MOORE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 5039 CIVIL TERM IN TRESPASS ANSWER TO DEFENDANT'S NEW MATTER NOW, comes the plaintiff, by his attorney, Harold :>. Irwin, III, Esquire, and responds to the defendant's new matter, representing as follows: 21. In response to this paragraph, the averments of plaintiffs' complaint, paragraphs one through twenty are incorporated herein by reference as if fully set forth at length. 22. The averments of paragraph twenty-two of the defendant's new matter are conclusions of law to which no response is required. 23. The averments of paragraph twenty-three of the defendant's new matter are conclusions of law to which no response is required. Furthermore, such averments are patently false and irresponsible. 24. The averments of paragraph twenty-four of the defendant's new matter are conclusions of law to which no response is required. 25. The averments of paragraph twenty-five of the defendant's new matter are conclusions of law to which no response is required. WHEREFORE, plaintiff demands judgment against defendant as prayed for in his complaint. December 8, 2002 y - HAROLD S. IRWIN, III Attorney for plaintiffs 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own. I have read the answer and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the answer is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. December 10, 2002 Z., ")-4K 1, LAWRENCE WHITAKER, A. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer to new matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: GEORGE H. EAGER ESQ EAGER REINAKER & SPINELLO 1347 FRUITVILLE PK LANCASTER PA 17601 Attorney for August 13, 2003 HAROLD S. IRWIN, III Attorney for Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 f'_ J ?! r? c ? :_, ? .. ,, -??.' ,,' ,'; c^, ' ? ?- ? ' ?:? ?^, i - - \wn i N a 1 C ,. ? ?? ?, IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant 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, Defendant Scott Colin Moore certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: `( 23 D George X. Eag , Esquire Attorney for endant Moore I. D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 rcxvn?©r?•? ? og r?xivsnvANiA COUNTY OF ?MNEUAM. LAWRENCE WHITAKER, JR., Plaintiff V. P41eNo. D? Snao SCOTT COLIN MOORE, Defendant SUBPOENA TO PRODUCE ORAMM FOR Dim '? nrm 7?wrr TO gii[?i1 d .22 Keith Lee, M.D. 4660 Wilkens Avenue, Baltimore, MD 21229 To: Within twenty (20) days after service of this ?bpoma, you are ordered by the court to produce the fob docoamb or thbW (1) admission and discharge information. (2) consultation reports (3) historp and physical exams (4) operative and pathology report x-rays at You may deliver or mail h*bie copies of the documents or produce thins requested by this subpoena, together with the certificate of compliance, to the party makhM this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the cwpies or producing the things sought. If you fail to produce the documents or things required by this subpoena withia twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. Tffi5 SUBPOENA WAS ISSUED AT THE REQUEST OF T13E FOLLOWING PERSON: NAME: George N Eager, vaquiss Aj)DIMS:1347 Fruitville Pike Lancaster PA 17601 TELEPHONE: (717) Son 7 07 , SUPRMfE COURT ID # 7774n ATTORNEY FOR; Defendant BY THE COURT: protho WtuT/Clerk, Civic DiVURM DATE: Seal of the Court „?y rOp?sr OF PENNSYLVANIA LAWRENCE WHITAKER, JR., Plaintiff V. MNo. m Snao SCOTT COLIN MOORE, Defendant Kenneth Lippman, M.D., F.A.C.S., 809 North Charles Street, Baltimore, MD 21201 Within twenty (20) days after service Of this subpoena, you are ordered by the court to I the following documents of t (1) admission and discharge information.(2) . consultation reports (3) history and h sical exams- (4) operative and pathology reports, (5 encq.outpat ant records, (6) rehab medicine (PT OT Sneecb) (7)MRT CT -A x-rays at 1347 You may deliver or mail legible copies of the docmuents or produce things requested by this subpoena, together with iise cerffbmte of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasoonbie coat of preparing the copies or producing the things souglit If you fall to produce the documents or thiu® required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a ?omt order cmnpoling YOU to comply With IL TffiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H FagPr wg+L4r& ADDRESS: 1347 Fruitv11 Pt Lancaster PA 17601 TELEMONE: (717) ion o?} SUpREVfE COURT ID # 277?6 ATTOli1FY FOR; DefenIAU DATE: Sea[ of the Court BY THE COURT: prothonotary/Clerk, Civil Divi ion IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Kenneth Lippman, M.D., F.A.C.S. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena ?n?O?JwFS7'?i OFpEM*1cvLVANI? rnslnr y OF CleRSffiXLAND LAWRENCE WHITAKER, JR., Plaintiff V. File No. m snao SCOTT COLIN MOORS, Defendant SUB19Ms TO PRODUCE DnCII1??N'I5 Ox TH1L+iGS or7ocr7snrr TO RjJi.W. A009 22 FOR ...?....frv By Steven Accoccella, D.C. Park. Rogers Medical Center 3502 W Rovers Ave_ S 215ore,MD To: 21215 ?VVithia twenty (N) days after service of this subpoena, you are ordered by the court to the following dOCt (1) admission and discharge information. (2) consultation reports (3) history and h sical operative and pathology reports, (5 emergency/ outpat ent records, (6.) rehab medicine (PT OT SDeech)(Z)WrRL c=x-rays at You may deliver or mm'1 legbk copies of the documents or produce things requested by this subpoena, together with the cerdtieate of compliance, to the panty m eWng this request at the address Beta above, You 1 av *e d& to seek in advance the reasonable ? of preparing the copies or producing If you fail to produce the documents or things required by this subpoena. within twenty (20) days after Its service, the party serving tads subpoena may seek a court order campdHng you to comply with it. TM 3UBPOEMA WAS mum AT THE REQUEST OF THE F%Lowim rmsoN: NANZ• George H Face iwqudss -- ADDRF.SS:1347 Fruitville Pika Lancaster, PA 17601 TEL$PHONE: (777) ? o n o? } SUPRIIME COURT M # ?77cn ATTORNEY FOR: Defendant - DATE: Sea[ of the Court BY THE COURT: Prothonotary/Clerk, Civil Division cOI??IO*n?'??TR OF ?''?_-_ 1?7? LyAlViA cnrn?Y OF C[Jb. LAWRENCE WHITAKER, JR., Plaintiff V. FileNo. m Sn3o - SCOTT COLIN MOORE, Defendant SU1RAQw TO PRODIJCZ FO] „ter+nvrrRY vrnccr?ANT TO grT<.R 40®9.22 a Sinai Hospital 2401 West Belvedere Avenue, Baltimore MD 2121 To: Withia twenty (20) days after SWVka of this subpoena, you are ordered by the court to (1) admission and discharge iuformation.(2) consultation reports following g (3) documents history or and h ? sical operativa and patholog re orts, (S a ¢enev outnat ent records- (6) rehab medicine (PT OT Snae h) (7)VRT rms.- x-rays at You may deliver or mail bWbk copies of the doessneets or prod= thick requested request the pwjy the re he re uud? ? by this sift-18, together wi& the cwffxate of comply to at the address listed above. You have the right to se& in advance asaeable cat of preparing the copies or producing the a dup sougm N you fail to produce the dour or things required by this subpoena within twenty (29) days alter its service, the party serving this subpoena my seer a court ardes wnpelliug you to Casnpiy with it. TEUS SUBPOENA WAS ISSUED AT THE BEQUEST OF THE FOLLOWING PERSON: NAME: George H Favor, Fcgu;FS-?--- 1347 Fruitville PtkP ADDRESS: Lancaster, PA 17601 TELEPHONE: (717) 900-7971 SUPREME COURT ID t 9774n - ATTORNEY FOR: Defendant BY THE COURT: p intary,Clerk, Civil Devi" DATE: Seri of the Court CO F qW.VANIA cvrnitM OF-CULMNEWERLAM LAWRENCE WHITAKER, JR., Plaintiff V. M .No. m snag SCOTT COLIN MOORE, Defendant ¢S'im?ENs TO PRODUCE FOR ....r..rno nrmcriswrr TO giTi F! 4099.22 Griffin Radiology Associates 2300 Garrison Bouelvard Baltimore MD 21216 To: Wa tvnnty (ZO) days after a ,im of this subpoena, you are ordered by the court tO the fo0owiug doeumeb or tbw (1) admission and discharge information.ep produce consuion reports (3) history and physical exams (4) operative and pathology report x-rays at You may deliver or mall legible copies of the documents or produce tbhW requested by this subpoena, together w,th the certitkate of compliellct, to the hW17 this request at the address listed above. You bave the right to seek in advance the ressaoabk coat of preparing the copies or producing the things sough. If you fan to produce the dooments or things required by this subpoena within twenty (29) days after its service, the piety serving this sabpeens may seek a court order compelling you to comply with it. TMS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George R ragerR T s ADD p 5:1347 Fruitville Pike Lancaster PA 17601 TELEPHONE: (717) Son 7071 SUPREME COURT ID # 7774n ATTORNEY FOR: Defendant - BY THE COURT: p o lotary/Clerk, Civil Division DATE: Seal of the court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Griffin Radiology Associates You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena rnMMnASWI?si TF; OF p?._ CYL? V??iI?. . r[uanrrY OF ?? LAWRENCE WHITAKER, JR., Plaintiff V. M No. ng sms SCOTT COLIN MOORE, Defendant 502QM& TO PRODUCR gamm FOR TIiSCOvcvv tirrucils?T TO RiTi 9-400M Michael Blum, D.C. 8019 Corporate Drive, Suite B Baltimore, MD 21236 Within twenty (20) days site' se -Tim of this subpoena, You are ordered by the court to (1) admission and discharge information.(2) prole the io>bwhq; doh or operative and patholog re orts,. consultation reports (3) history and h sical (5 r ency outpat ant records, (6) rehab medicine CPT OT Sneechl, l??tduT n?T??a x-rays 7-3 You may deliver or maR legible copies of the docugonsts or pi's *OW requested by this subpoena, together with the ca rtflaft of comae, to the party una"ng thu request at the address listed above. You bz" the right to seek in advance the reasonable coat of preparing the copies or producing the things sought If you fail to produce the docua nts 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: Georee H FapPri a S.+-? ADDRESS: 1347 Fruitville yi'lro Lancaster PA 17601 TELEPHONE: (777) ?on ;97} SUPREME COURT M # 9774n ATTORNEY FOR: Defendant BY THE COURT: potary/Clerk, Civil Division DATE: Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Michael Blum, D.C. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena ?nOrnvt+sr.'rs? OF PECiN.SYLVANIA COUNTY or LAWRENCE WHITAKER, JR., Plaintiff V. File NO. n7_Sn?q SCOTT COLIN MOORE' Defendant Northwest Hospital Center 5401 Old Court Road, Randallstown, MD 21133 With. twenty (20) days aftx service of this subpoena, you are ordered by the court to produce the following doeum mb or th (1) admission and discharge information. (2) consultation reports (3) history and phvsical exams (4) operative and pathology report at 1347 You may &Rver or maB legible copies of the docroments or produce things requested by this subpoena, together with the certiticate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonabie coat of preparing the copies or producing the things souilbt N you fail to prod= the docuuments or things required by this subpaena.within twenty (20) days after Its service, the ley serving this subpoena may seek a court order compelling you to comply with !L TELLS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H Eagar,_ r-cia4re ADDRESS: 1347 Fruitville pike Ldncaster PA 17601 TE-JEMC E: (717) 9qn ?o;l - SUPREME COURT ID # 7774n ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court x-rays prodwaota y/Clerk, C'm7 Dividnn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Northwest Hospital Center You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena ('OMMGI??VEsi 'rH OF PENNIVSYLVANIA CDUM or LAWRENCE WHITAKER, JR., Plaintiff V. PSie No. Dq snvo SCOTT COLIN MOORE, Defendant SUBPOENA TO PRODUCE nnCIIit?NTS OR TSB a F"'..xr?.n??se,nv ?merTS*rr TO RUB 4009.22 Scott I. Chupnik, R.P.T. 811 North Charles Street Baltimore, MD 21201 To: are ordered by Lice court to Within twenty (ZO) days after service of this subpoena you produce thefohbwiag or (1) admission and discharge information.(2) operative and pathology reports, consultation reports (3) history and h aical (5 emergency/ outpatient records, (6) rehab medicine (PT OT. Sneech)(7)WMT rm ?,A x-rays at 1347 Fruitville Pike LAnraai.a_zr 9A 17603 Pr ' You may &Hver or mail tic copies of the documents or produce things requested by tins subpoena, together with the cwffjcate of compliance, to the party making this request at the address listed above. You have the rigid to seek in sdva the remoealae coat of preparing the copies or producing the this sougW H you fail to prod= the documents or things required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a covet order ding you to cow4* with ht. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: George H Eag> ate, < s ADDRESS: 1347 Fruitvil +k Lancaster, PA 17601 9 on 7 o f, TELEPHONE: (777) SUPREAZE COURT M # 9774n ATTORNEY FOR: Defendant DATE: Sea[ of the Court BY THE COURT: prothomtary/Ch Vk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Scott I. Chupnick, R.P.T. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Penton Served With Subpoena F rnrn?TY OF Ci711?ERLAPQD LAWRENCE WHITAKER, JR., Plaintiff V. Fite No. D? Sn?o SCOTT COLIN MOORE, Defendant SUBPOENA TO PRODUCE DOS 'I'S OR 7MM FOR °'°v P(TRS TS U TO 4 N9-22 To: Stephen R. Matz, M.D., P.A. 2 Reservoir Circle Pikesville MD 21208 Wtdm twenty (20) days after service of this (5; emergency/ you are ordered by the court to produce the folbwiag documents or thnW (1) a, consultation reports (3) history and physical e ion and discharge information.(2) operative and You may deliver or mail legible copies of the documeats or produce things requested by this subpoena, together with the c wffjcate of compHance, to the party mahdng 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 thinr required by this subpoena. within twenty (20) days after its service, the party serving this subpoena may seek a court alder conpeRing you to cry with it. Tl3IS SUBPOENA WAS ISSI= AT THE REQUEST OF THE FOLLOWING PERSON: NAME; George H vaoa FQg13iF® 1347 Fruitville Pike ADDRESS: Lancaster PA 17601 TELEPHONE: (717) Son ?4;1 SUPREWE COURT ID # 77n ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: prothonotary/Clerk, Civr1 Divisicm -rays IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Stephen R. Matz, M.D, P.A. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena Co©r•?'?'? OF r¢t vA rnr F ['[7MSIItLAND LAWRENCE WHITAKER, JR., Plaintiff 02-5039 Fi<e No. V. SCOTT COLIN MOORE, Defendant E NA TO pRODUC$ DOS OR T?Sari Krr :..syv,VEi?YpC7'EtRi7AA1'T TO ??? 4989.22 Sweetheart Cup Company, 0100 Reisterstown Rd.. Owings Mills, MD 21217 To: Within twenty (2% days efts service of flue 8u1 o?8, you are ordered by the court to Application for employment, pre-employment i)h produce the kBowba d6cV0 t9 or tllhW medical reports, performan date employment began,, workers! mom ensati 1! 1, Ij n p oymen scp inary notic ua Mons, year-en payroll records for each year of 1347 Fruitville Pike La„r mta PA 17601 (Address) YOU may deriver or macl kVVecnpw of the documents or predate *mp rules by this subpoena, together with the eerie of comma, to the party maidng Ws request at the address Vs ked abom you bays the right to seek is advance the cesaousible cost of preparing the copies or producing the tbings sought. If you fa0 to produce the documents or thhigs required by this subpoena whhin twenty (20) days after its service, the party saving this sohpoess ashy seek a court order compelling you to comply wldh IL Tt3I.S SUBPOENA WAS ISSUED AT THE BEQUEST OF THE FOLLOWING PERSON: NAME Geor e ADDRESS' Lancaster. PA 17601 TEL,EPHCM: SUPitEME COURT ID p 7774n ATTORNEY FOR: Defendant - By TSE COURT: ply/Clerk, Civil rision , etc DATE' seal of the C 1urt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Sweetheart Cup Company You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 , (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena ...,;.,?nwwFAT T>9 OF PEI _ V rniTnrry OF LAWRENCE WHITAKER, JR., Plaintiff 02-5039 V. SCOTT COLIN MOORE, Defendant Foe No. S[TRENA TO pRODUCE iTI.iP de09.22 ,..??n?rwvv vtTgCiTAN'P TO R FOR - Jordan Auto, 1725 Gwyn gak Avenue, Baltimore, MD 21207 To: days after seice of this subpoena, you are ordered by the court to ,,.?,inr? /Within two {,?? r . Application for em to pre -employment physical, p r-3AYL-e iFldymenthgan? workers r'coommpensation claims and medical reports. emo ovment, disculinarv notices, etc. at -- - - - (Address) You may deliver or mail legible copies of the documents or Produce things Miffed by tbis subpoena, together with the mtftate of + to the party uwkin8 this request at the address Tilted above. Yon bave the right to feels in advance the reasonable cost of preparing the copies or producing the things sougW if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the !arty wing this subpoena may seek a comet order compelling you to comply with it. TMS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING I MON: NAME Geor e ADDRESS- Lancaster. PA 17601 TELEPHONE: SUPREME COURT ID # -"' ( - ATTORNEY FOR: Defendant By THE COURT: p bo wtwy/Clerk, CivR Division DATE: Seal of the Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO.: 02-5039 V. SCOTT COLIN MOORE, Defendant TO: Jordan Auto You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 l (person served with subpoena) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2003, have been produced. Date: Person Served With Subpoena CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the persons and in the manner indicated below. Service by First Class Mail, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, PA 17013 DATE: ` ")- 03 EAGER, REINAKER & SPINELLO BY: e,, ? -2 George H ager, Esq Attorney or Defendant Moore I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the persons set forth below and in the manner indicated: First class mail, postage pre-paid: Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, PA 17013 EAGER, REINAKER & SPINELLO DATE: q k ) 03 BY: Ge a H. ager quire Attorney or Def dant Moore I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 n c? ? " 4ti r5 'fit _ L+? C? "'.3 ? .,J -n ' r ?._ ? l V -? .J ??. { WILLIAM P. DOUGLAS, ESQUIRE ATTORNEY I.D. # 37926 DOUGLAS LAW OFFICE 27 West High St. P.O. Box 261 Carlisle, Pa. 17013 Telephone: 717-243-1790 Attorney for Plaintiff LAWRENCE WHITAKER, JR. V. SCOTT COLIN MOORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION LAW NO. 2002-5039 Civil Term Praecipe Please enter my appearance on behalf of the Plaintiff William P. Douglas, Esquire Attorney for Plaintiff January 21, 2004 (? N C? ?) - r n __ ? ._? _ i 1 i ?,, fi"1 _.. ? N c ? C? ^"_ ('r ?._ 1°;I ..' ?° ?? ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAWRENCE WHITAKER, JR., Plaintiff NO. 02-5039 Civil Term V. SCOTT COLIN MOORE, Defendant 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, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: Cs)ay)pu George H. E r, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster. PA 17601 (717) 290-7971 SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Lawrence Whitaker, Jr. Court of Common Pleas VS. Scott Colin Moore 02-5039 (2002) Page 1 of 3 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Casualty Reciprocal Exchange TO: William Douglas, Esquire note: please see enclosed list of all other interested counsel Record Type: Miscellaneous Litigation Solutions, Inc. ('LSI') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 2/6/2006 CC: George H. Eager, Esquire - Court of Common Pleas i r?llu a 1.t4N A. 5 Y- C Z1 If you have any questions regarding this matter, please contact: Litigation Solutions, Inc. (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, Inc. on behalf of: George H. Eager, Esquire bttp://rats.litsol.com/ratsevents/notice_of intent.asp?save_report_to_db=X&PLid=PL16610... 2/6/2006 SUBPOENA NOTICE OF INTENT Page 2 of 3 COUNSEL LISTING FOR LAWRENCE WHITAKER, 7R. VS. SCOTT COLIN MOORE County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Douglas, Esquire, William 27 West High Street P.O. Box 261 Carlisle PA 17013 Opposing Counsel 7/7-?1?-t79o ??/7-Zg3-ej??C?) http://rats.litsol.com/ratsevents/notice_of intent.asp?save report _to_db=X&PLid=PL16610... 2/6/2006 COMMONWEALTH OF PENNSYLVANIA Lawrence Whitaker, Jr. COUNTY OFCUNIBERLAND VS. Scott Colin Moore File No. 02-5039 (2002) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Casualty Reciprocal Exchange (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: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 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 : ------ 1 Eager, F?qui re ADDRESS : , , : ,. tanca,ter PA, 17601 TELEPHONE: SUPREME COUR 7 7 4 (1 ATTORNEYFOR Befease c?,P? . ?, acrx: 1 Date: 173r J'LjJ 0?- ------Seal of the Court BY THE COURT: Prothonotary, Civil D/ W iofis n -- - - - ---D u - - SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Casualty Reciprocal Exchange Rollins Smalkin Richards & Mackie, LLC 401 North Charles Street Baltimore MD 21201 Attention: Records Department Patient: Whitaker, Lawrence SS#: 218-88-5838 Date of Birth: 8/17/1963 Page I of 1 Requested Items: Please remit: Any and all worker's compensation records pertaining to Lawrence Whitaker, Jr. for an accident that occurred on November 22, 2000; claim number: 10006432S and policy number: WCP 1043765 00; employer: Jordan's Auto Services, Inc. bttp:llrats.litsol.comlratseventslsubpoena-rider.asp?PLid=PL166104&WRid=WR27310 2/6/2006 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequistite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Bill Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 EAGER, SPINELLO, QUINN & STENGEL DATE: Oa+ay lot' BY: Geo, ee H. Egg squire Attorney for D cant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 t'? ?? ORIGINAL LAWRENCE WHITAKER, JR. V. SCOTT COLIN MOORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5039 CIVIL 200 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George H. Eager, Esquire , counsel for the pftbWff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ LESS THAN $ 2 5, 0 0 0. 0 0 . The counterclaim of the defendant in the action is none. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Bill Douglas, Esquire, 27 West High Street, Carlisle, PA 17013 (attorney for Plaintiff); George H. Eager, Esquire, 1347 Fruitville Pike Lancnter, PA 17601 (atty for Defendant) WHEREFORE, your petitioner prays your honorable ourt to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull submitted, G Geo e H ager, Esquire ORDER OF COUR AND NOW, petition, Esq., and 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY, J. ?,, ,; ;? ? } ,??i „u ? .:? ?a ?. ? O ? J ? ? ? --? ORIGINAL LAWRENCE WHITAKER, JR. V. SCOTT COLIN MOORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5039 CIVIL 200 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George H. Eager, Esquire , counsel for the rAWXFC/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ LESS THAN $ 2 5, 0 0 0. 0 0 . The counterclaim of the defendant in the action is none. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Bill Douglas, Esquire, 27 West High Street, Carlisle, PA 17013 (attorney for Plaintiff); George H. Eager, Esquire, 1347 Fruitville Pike LancaEter, PA 17601 (aty for Defendant) WHEREFORE, your petitioner prays your Honorable ourt to appoint three (3) ar itrators to whom the case shall be submitted. Respectf ill submitted, L Geo e H ager, Esquire ORDER OF COUR AND NOW, , 200 in consideration of the foregoing petition, Lk Jiz"? ? - & /M ZCZL?l Esq., ande Aim )E.'f ? V4'a'. Q Esq., and `e. Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. r By the u `` z EDGAR B. BAYLEY, J. 7V; ? `?lR' C"i ~ . lt ,:r ? ,..r a n ? Q W o ? = CIL' i U?W OW6i W U L TA-?, I. Plaintiff CC) tJ JA) ft- C) D kE- Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 62 - o ? ?_ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. r? Asinature N - -k-%-T Signature Signature ?l`R M, (Y D Name (Chairman) t ft 'q ysiT- Law Firm f =it GQ.&T Address cftttv;c?_' M City, zip # 108 Date of Hearing: Now, the 04' day of - entered upon the docket and notice name if applicable.) f 20 b7 , at ICS: q5 , A M., the a given by mail to the parties or their attorneys. r?bitrators' cormensation to be paid upon appeal: 35o . 00 By: Prothonotary r tfBerta`- M l GY Name Law Firm Address Name ! C4-r 1 4-fi P4--(7d ! 3 City, #: 110 a$ 1P Award Notice of Entry of Award Deputy Gpv-'?' tP Law Firm w-esf -Sa Address Ca b-`>6, 1-76 City, zip -# fto 8 f We, the undersigned arbitrators, having been duly appointed and sworn (or afl=- ed), make the following award: , (Note: If damages for delay are awarded, they shall be separately stated.) C'? o p C= T' G 7 r-n 'Ctm ' . r r c. n ; .j. .lip . M Cap ?OS g ? I(M