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EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
TANNOR D. TORRAO
1911 Esther Drive
Carlisle, PA 17013
: NO. 2000 -.?dlb CIVIL TERM
Defendant
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after the Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so, the case may proceed without you and 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
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 E. Liberty Avenue
Carlisle, P A 17013
(717) 243-7922
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EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
TANNORD. TORRAO
1911 Esther Drive
Carlisle, P A 17013
: NO. 2000 -" 67/..CIVIL TERM
Defendant
: JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Sununons upon the above-captioned defendant regarding a motor vehide
accident occurring on or about May 19,1998, at the intersection of Clay and Hamilton Streets in Carlisle
Borough, Cumberland County, Pennsylvania.
Respectfully submitted,
KA YER AND BROWN
Date: May 17, 2000
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Commonwealth 'of Pennsylvania
County of Cumberland
Edwin E. Hershey
Court of Common Pleas
VI.
No.
00-3076 Civil Term
19____.
Tannor D. To=ao
1911 Esther Drive
Carlisle, Pa. 17013
In ____C_i'lil_ ACtiQILLaw.__ _ ________________ __.
To __~~D9_~_9,__~Q~J!Q________________________
You are hereby notified that
__ _ ___~~_ _l!; ,_ .!!~h.e'y_ __ ______ ___________ ______ ______ ____ _ ___ ____ ______ ___ __ _ __ __ ______ _ _ ______
the Plaintiff ha S commenced an action in _______Civil_Law._______________________________________
against you which you are required to defend or a default judgment may be entered against you,
(SEAL)
._ _ __ __C1lLtiS_JlL_b.gng _______ _ _ ___ _ _ _ _ ____ _____.
Prothonotary
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Date 11gy__E____~_~~_______________ ~_2.QOO By ___q.,,-.l2i~1;--:---------------..
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EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
NOTICE TO DEFEND
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, order and
notice are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further 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 TIDS 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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EDWIN E. HERSHEY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this 30th day of April 2004, comes the Plaintiff, EDWIN E. HERSHEY, by
his attorneys, Irwin & McKnight, and makes the following Complaint against the defendant,
TANNOR D. TARRAO:
1.
The Plaintiff is Edwin E. Hershey, an adult individual residing at 46 Peachy Ann Drive,
Newville, Cumberland County, Pennsylvania 17241.
2.
The Defendant is Tannor D. Torrao, 1911 Esther Drive, Carlisle, Cumberland County,
Pennsylvania 172013.
3.
On May 19, 1998, at approximately 2:33 p.m., the Plaintiff was operating his 1993 Ford
F-150 truck. He was at the intersection of Clay Street and Hamilton Street in a northbound
direction waiting to make a left turn to proceed west onto Hamilton Street.
4.
The Plaintiff had activated his turn signal to indicate his intention to turn left.
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5.
As the Plaintiff was waiting to turn left at the intersection, a vehicle driven by Tannor D.
Torrao, age nineteen (19) years, was approaching the intersection of Clay and Hamilton Street in
a 1985 Chevy S-lO owned by Steven J. Tarrao, father of Tannor D. Torrao.
6.
The Defendant, Tannor D. Torrao, continued forward and smashed into the rear of the
Plaintiff s while the Plaintiff was stopped waiting to make a left turn.
7.
The Defendant was cited by the Pennsylvania State Police for careless driving.
8.
There were no impediments to the Defendant's sight, the weather was clear, and the road
was dry. Therefore, it is obvious that the Defendant is solely responsible for causing the
accident.
9.
The Plaintiff, Edwin E. Hershey, was transported by the Good Will EMS Company to the
Carlisle Hospital Emergency Room for emergency treatment of his injuries.
10.
The Plaintiff suffered from severe soft tissue damage to his cervical, thoracic and lumbar
areas, and injuries to his lower back. He also suffered from severe inflanunation in his abdomen
and lower extremities.
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11.
The injuries sustained by the Plaintiff was caused by the negligence and careless actions
of the Defendant, Tannor D. Torrao.
12.
The Defendant, Tannor D. Torrao, was negligent and careless as follows;
a. He failed to maintain his vehicle under proper control in an effort
to avoid a collision;
b. He was operating his vehicle at an unsafe and careless manner;
c. He was not paying attention to traffic on the highway;
d. He failed to stop his vehicle for traffic stopped on the highway;
e. He failed to operate his vehicle at a safe speed; and
f. He failed to property warn the Plaintiff of the collision by sounding his horn.
13.
The negligent actions of the Defendant, Tannor D. Torrao, were the proximate cause of
the injuries to the Plaintiff, Edwin E. Hershey.
14.
The Plaintiff, Edwin E. Hershey, seeks compensation for the pain and suffering,
emotional distress, and loss of life's pleasures since the date of the accident as well as
compensation for future losses he will incur in these areas.
5
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15.
The Plaintiff, Edwin E. Hershey, seeks compensation for the medical expenses which he
has incurred and may incur in the future to treat his injuries and lost income from his work which
occurred as a result of the injuries he sustained in the accident.
16.
The Plaintiff, Edwin E. Hershey, seeks compensation for the loss of income due to the
injuries he sustained as a result of the collision.
WHEREFORE, the Plaintiff, Edwin E. Hershey, requests compensation and damages
from the Defendants in the amount in excess of Twenty-Five Thousand and no/lOO ($25,000.00)
Dollars with interest as permitted by law and the costs of this litigation.
Respectfully submitted,
By:
Date: April 30, 2004
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
VAA/tAot t ~~
EDWIN E. HERSHEY
Date: APRIL 30, 2004
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EDWIN E. HERSHEY,
Plaintiff
v.
TANNOR D. TORRAO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 2000-3076 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Mr. Tannor D. Torrao
1911 Esther Drive
Carlisle, PA 17013
Date: April 30, 2004
By: Marcus A. c ight,
60 West Pori1fret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court J.D. No. 25476
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03076 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERSHEY EDWIN E
VS
TORRAO TANNOR D
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
TORRAO TANNOR D
the
DEFENDANT
, at 0014:20 HOURS, on the 19th day of May
, 2000
at 1911 ESTHER DRIVE
CARLISLE, PA 17013
by handing to
STEPHEN TORRAD (FATHER)
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31. 10
So Answers: ,J~~
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R. Thomas Kline
OS/23/2000
KAYER & BROWN
Sworn and Subscribed to before
By ~~ !/.)rrcI:/d. 4;::-
Deputy Sh~ff
me this ;l ftUlL day of
C)..... dAruv A.D.
lkt 0 'h, it,. s A~~
thonotary
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EDWIN E. HERSHEY,
Plaintiff
vs.
TANNOR D. TORRAO,
Defendant
TO THE PROTHONOTARY:
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2000 - -yflIP CIVIL TERM
: JURY TRIAL DEMANDED
PRAECIPE
Date: b (Z;7!tJ J
Please withdraw my appearance as counsel of record for the above-captioned Plaintiff.
J*~~Uire
Please enter my appearance as counsel of record for the
Date: ~ I'). J /a /
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff
CIVIL ACTION - LAW
v.
No. 2000-3076 Civil Term
TANNOR D. TORRARO,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Charles B. Calkins, Esquire of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorneys for the Defendant, Tannor D. Torraro, in the above-captioned
matter and mark the docket accordingly.
By:
C . S, ESQUIRE
Supreme Court I. "#36208
Attorney for Defendant
110 South Northern Way
York, PA 17402
(717) 757.7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff
CIVIL ACTION - LAW
v.
No. 2000-3076 Civil Term
TANNOR D. TORRARO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this I') It, day of 2004, I, Charles B. Calkins,
Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS &
CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of
Appearance by United States Mail, addressed to the party or attorney of record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, P A 17013
By:
,;
GRIFFITH, STRIC
SOLYMO(fC
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CHARLES Be, ESQUIRE
Supreme Court J.D. #36208
Attorney for Defendant
110 South Northern Way
York, PA 17402
(717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Edwin E. Hershey, Plaintiff
c/o Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
BY:
C ESB.
Attorney for Defendant
Supreme Court J.D. No. 36208
110 South Northern Way
York, PA 17402
Telephone No. (717) 757-7602
, LERMAN,
S
Dated:
fo-I9-~4
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
ANSWER AND NEW MATTER OF DEFENDANT, TANNOR D. TORRAO, TO
PLAINTIFF'S COMPLAINT
AND NOW COMES Defendant, Tannor D. Torrao, by his counsel, Charles B. Calkins,
Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer and
New Matter in response to Plaintiffs Complaint:
1. Admitted upon information and belief.
2. Admitted, but qualified to correct the Defendants zip-code as 17013 and not
172013.
3. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth allegations set forth in Paragraph 3 of
Plaintiff s Complaint and same is denied and strict proof thereof is demanded.
4. Denied. It is denied that Plaintiff had activated his turn signal to indicate his
intention to turn left. On the contrary, Defendant believes and therefore avers that Plaintiff did
not have his left turn signal activated and strict proof is hereby demanded.
5. Admitted in part and denied in part. It is admitted that on the date of the accident
alleged, Defendant Tannor D. Torrao was nineteen years of age and was operating a 1985
Chevrolet 5-10 motor vehicle owned by his father, Steven J. Torrao and at all times relevant,
Defendant was approaching the intersection of Clay and Hamilton Streets. The remaining
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allegations of Paragraph 5 of Plaintiffs Complaint are denied in that after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations and same are denied and strict proof thereof is demanded.
6. Denied. It is denied that Defendant, Tannor D. Torrao continued forward and
smashed into the rear of the Plaintiff while the Plaintiff was stopped waiting to make a left turn.
On the contrary, at all times relevant, Defendant acted carefully, lawfully, properly and
prudently, with due care under the circumstances and strict proof to the contrary is hereby
demanded.
7. Denied. It is denied that Defendant was cited by the Pennsylvania State Police for
careless driving. On the contrary, it is averred that the Police Report reflects a noted violation
only of careless driving. By way of further answer, it is averred that whether or not Defendant
was cited by the Pe!l1lsylvania State Police and the resulting disposition of that citation is
inadmissible evidence at any trial of this matter.
8. Denied. To the extent the allegations set forth in Paragraph 8 constitute a
conclusion of law, no response is required. To the extent a response is required, it is admitted
that the weather was clear and the road was dry and that there were no impediments to the
Defendant's forward vision, By way of further answer, it is denied that Defendant is solely
responsible for causing the accident and averred, to the contrary that at all times relevant,
Defendant acted carefully, lawfully, properly and prudently with due care under the
circumstances.
9. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth allegations set forth in Paragraph 9 of
Plaintiffs Complaint and same is denied and strict proof thereof is demanded.
2
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10. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth allegations set forth in Paragraph 10 of
Plaintiffs Complaint and same is denied and strict proofthereofis demanded.
11. Denied. To the extent the allegations set forth in Paragraph 11 constitute a
conclusion of law, no response is required. To the extent a response is required, it is denied that
the injuries sustained by the Plaintiff were caused by the negligence and careless actions of the
Defendant and on the contrary is averred, at all times relevant, that Defendant acted carefully,
lawfully, properly and prudently with due care under the circumstances.
12. Denied. It is denied that the Defendant, Tannor D. Torrao, was negligent and
careless as follows:
a. He failed to maintain his vehicle under proper control in an effort to avoid a
collision;
b. He was operating his vehicle at an unsafe and careless manner;
c. He was not paying attention to traffic on the highway;
d. He failed to stop his vehicle for traffic stopped on the highway;
e. He failed to operate his vehicle at a safe speed; and
f. He failed to properly warn the Plaintiff of the collision by sounding his horn.
On the contrary, it is averred that all times relevant, Defendant acted carefully, lawfully, properly
and prudently with due care under the circumstances.
13. Denied. To the extent the allegations set forth in Paragraph 13 constitute a
conclusion of law, no response is required. To the extent a response is required, it is denied that
the Defendant was negligent or that the Defendants alleged negligent actions were the proximate
cause of the injuries to the Plaintiff and strict proof thereof is hereby demanded. By way of
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further answer, it is averred that at all times relevant, Defendant acted carefully, lawfully,
properly and prudently with due care under the circumstances.
14. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth allegations set forth in Paragraph 14 of
Plaintiffs Complaint and same is denied and strict proof thereof is demanded.
15. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth allegations set forth in Paragraph 15 of
Plaintiffs Complaint and same is denied and strict proof thereof is demanded.
16. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth allegations set forth in Paragraph 16 of
Plaintiffs Complaint and same is denied and strict proofthereofis demanded.
WHEREFORE, Defendant, Tannor D. Torrao, demands judgment in its favor and against
Plaintiff, together with costs of suit.
By way of further Answer, Defendant, Tannor D. Torrao, asserts the following:
NEW MATTER
17. Defendant, Tannor D. Torrao, incorporates herein by reference, as if fully set
forth at length, its Answer to Plaintiffs Complaint, Paragraph Nos. 1 - 16, inclusive, as
hereinabove set forth.
18. Plaintiffs Complaint fails to state a cause of action against Defendant upon which
relief can be granted.
19. Plaintiff s Complaint may be barred by applicable statutes of limitation.
20. Plaintiffs injuries and damages, if any, may have been caused solely and directly
as a result of individuals or entities other than Defendant over whom Defendant had no
4
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responsibility or right of control.
21. Plaintiff s injuries and damages, if any, may have been caused solely and directly
as a result of the negligence, carelessness, and recklessness of the Plaintiff, Edwin E. Hershey,
which negligence, carelessness and recklessness may have consisted of the following:
a. Failure to keep alert and maintain a proper look-out for other traffic;
b. Failure to maintain proper control in operation of his motor vehicle;
c. Slowing his vehicle suddenly, unforeseeably, without warning in the path of
the vehicle operated by Defendant; and
d. Failing to properly and timely activate his turn signal.
22. As a result of the negligence, carelessness and recklessness of the Plaintiff as set
forth in the immediately preceding paragraph, Plaintiffs claims are barred or diminished in
accordance with the application ofthe Pennsylvania Comparative Negligence Act.
23. Plaintiff, Edwin E. Hershey, has not sustained a serious injury as defined in the
Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa C.S.A 91702 et seq.)
24. Plaintiffs claims for non-economic damages may be barred because Plaintiff has
elected a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial
Responsibility Law.
25. Plaintiff may have failed to mitigate his damages.
26. Plaintiff has received or is entitled to receive various benefits from insurance
arrangements, programs and group contracts of insurance including, but not limited to, benefits
under the Pennsylvania Motor Vehicle Financial Responsibility Law, for medical bills and wage
loss, and he may not recover for the same benefits in this proceeding.
27. Plaintiff has recovered from the injuries he allegedly sustained as a result of this
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accident.
28. Plaintiff s alleged injuries and damages may have pre-existed or preceded the date
of this accident or not caused or aggravated by this accident.
WHEREFORE, Defendant, Tannor D. Torrao, demands judgment in its favor and against
the Plaintiff, together with costs of suit.
Respectfully submitted,
&
BY:
C B.C S
Attorney for Defendant
Supreme Court J.D. No. 36208
110 South Northern Way
York,PA 17402
Telephone No. (717) 757-7602
ThtiOO. {/ /It 'f--.2004
Tkw/CBC/ion' o/Answer
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
VERIFICATION
I, Charles B. Calkins, Esquire, do hereby verity that I am the attorney of record for the
pleading party herein, Tannor D. Torrao, and that the facts set forth in the foregoing pleading are
true to the best of my knowledge, information and belief, upon information supplied.
I understand that false statements made herein are made subject to the penalties of 18
Pa.C.S.A. ' 4904 relating to unsworn falsification to authorities.
GRIFFITH, STRICKLER, LERMAN,
SOL OS & AL
Dated: ~#I<{ .04-
BY:
C ,ESQUIRE
Supreme Court J.D. # 62
110 South Northern Way
York, Pennsylvania 17402
(717)757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
VERIFICATION
I, Tamlor D, Torrao, hereby verify that the statements made, in the foregoing document are true
and correct to the best of my personal knowledge or information and belief, as well as reports, records,
conferences and other investigatory material made available to me. To the extent that the foregoing
contains avennents which are inconsistent in fact, I verify that my knowledge or information is sufficient
to form a belief that one or more of them is true, although I am currently unable, after reasonable
investigation, to ascertain which of the inconsistent avennents are true.
To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my
Verification is made upon the advice of counsel, upon whom I have relied in the filing of this document.
This Verification is made subject to the penalties of 18 Pa. C.S. g4904 related to unsworn
falsifications to authorities.
DATED: c:/? </o~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this~ day of I1U'JL , 2004, I, Charles B. Calkins, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS,
Esquires, hereby certify that I have, this date, served a copy of Answer and New Matter of
Defendant to Plaintiffs Complaint by United States Mail, addressed to the party or attorney of
record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(Counsel for Plaintiff)
GRIFF~&, SI CKLER, LERMAN,
S<pt yrs S
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Attorney for D dant\
Supreme Court J.D. No. 36208
110 South Northern Way
York,PA 17402
Telephone No. (717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
GRIFFITH, STRICKLER, LERMAN,
Bd221ALKmS
CHARLES B. CALKINS, ESQUIRE
Supreme Court J.D. 36208
Attorney for Defendant
110 South NorthemWay
York, PA 17402
(717) 757-7602
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AND NOW, this JSft.,day of July, 2004, I, Charles B. Calkins, Esquire, a member of the tlnn of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, Esquires, hereby certify that I
have, this date, served a copy of INTERROGATORIES/REQUEST FOR PRODUCTION OF
DOCUMENTS OF DEFENDANT TO PLAINTIFF by United States Mail, addressed to the
party or attorney of record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(Attorney for Plaintiff)
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EDWIN E. HERSHEY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
ANSWER TO NEW MATTER
AND NOW, this 15th day of October, 2004, comes the Plaintiff, Edwin E. Hershey, by
his attorneys, Irwin & McKnight, and makes the following Answer to New Matter:
17.
The averments of fact contained in paragraph one (1) through sixteen (16) of the Answer
and New Matter of Defendant, Tannor D. Torrao, to Plaintiff's Complaint are hereby
incorporated by reference and are made a part of this Answer to paragraph seventeen (17) of the
New Matter.
18.
The averments of fact contained in paragraph eighteen (18) of the New Matter are
conclusions of law to which no response is required. They are therefore denied.
19.
The averments of fact contained in paragraph nineteen (19) of the New Matter are
conclusions of law to which no response is required. They are therefore denied.
20.
The averments of fact contained in paragraph twenty (20) of the New Matter are
specifically denied. On the contrary, the injuries sustained by the Plaintiff are the sole result of
the negligence of the Defendants.
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21.
The averments of fact contained in paragraph twenty-one (21) of the New Matter are
conclusions of law to which no answer is required. The Plaintiff was completely stopped in
traffic when he was struck from behind by the Defendant who had been distracted from paying
proper attention to the road by a coughing spell. The averments are therefore denied.
22.
The averments of fact contained in paragraph twenty-two (22) of the New Matter are
conclusions of law to which an answer is not required. They are therefore denied.
23.
The averments of fact contained in paragraph twenty-three (23) of the New Matter are
specifically denied. On the contrary, at the time of the accident the Plaintiff maintained full tort
coverage. These averments are therefore denied.
24.
The averments of fact contained in paragraph twenty-four (24) of the New Matter are
specifically denied. On the contrary, at the time of the accident the Plaintiff maintained full tort
coverage. These averments are therefore deuied.
25.
The averments of fact contained in paragraph twenty-five (25) of the New Matter are
specifically deuied. On the contrary, the Plaintiff has sought the best treatment for his injuries he
could find in this region.
26.
The averments of fact contained in paragraph twenty-six (26) of the New Matter are
denied. On the contrary, the Plaintiff only seeks compensation of lost wages and medical bills
which are permitted to be recovered by law.
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The averments of fact contained in paragraph twenty-seven (27) of the New Matter are
specifically denied. On the contrary, the Plaintiff is still treating for his injuries at Hershey
Medical Center in Hershey, Pennsylvania.
28.
The averments of fact contained in paragraph twenty-eight (28) of the New Matter are
specifically denied. On the contrary, the Plaintiff was pain free prior to the collision which was
the sole cause of his injuries.
WHEREFORE, the Plaintiff seeks damage against the Defendant in an amount in excess
of Twenty-Five Thousand and no/lOO together with costs and interest permitted by law.
Respectfully submitted,
IRWIN & McKNIGHT
25476
Date: October 15, 2004
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VERIFICATION
The foregoing Answer to New Matter is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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EDWIN E. HERSHEY
Date: OCTOBER 15. 2004
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EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
CERTllITCATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Charles B. Calkins
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
IRWIN & McKNIGHT
By: Marcus. Mc h III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: October 15,2004
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
NO. 2000-3076 CIVIL TERM
CIVIL ACTION - LAW
v.
TANNOR D. TORRARO,
Defendant.
ORDER
Upon consideration of the foregoing Motion of Defendant to Compel Plaintiff to respond
to Interrogatories and Request for Production of Documents, it is hereby ORDERED:
(a) that the matters which the questions were asked regarding the Interrogatories and
Request for Production of Documents propounded upon Plaintiff by Defendant, or any other
designated fact, shall be taken to be established for the purposes of the action in accordance with
the claim of Defendant;
(b) Plaintiff is prohibited from supporting his designated claims or defenses;
(c) Plaintiff is prohibited from opposing the designated claims or defenses of
Defendant;
(d) Plaintiff is prohibited from introducing into evidence documents, things or
testimony designated and/or requested in the Interrogatories and Request for Production of
Documents propounded upon Plaintiff by Defendant;
( e) that Plaintiff shall serve complete and comprehensive answers to said
Interrogatories and requested documents within thirty (30) days of the date of this Court Order;
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(f) that Plaintiff shall reimburse reasonable expenses, including attorney's fees,
incurred by Defendant in obtaining this order of compliance; and
Date:
(g) a judgment of non pros shall be entered against Plaintiff s claims.
BY THE COURT:
J.
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,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
NO. 2000-3076 CIVIL TERM
CIVIL ACTION - LAW
v.
TANNOR D. TORRARO,
Defendant.
MOTION OF DEFENDANT, TANNOR D. TORRARO, TO COMPEL
PLAINTIFF TO RESPOND TO INTERROGATORIES AND REQUEST
FOR PRODUCTION OF DOCUMENTS
AND NOW, come the Defendant, Tannor D. Torraro, by his attorney, Charles B. Calkins,
of the law firm GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS and files the
following Motion to Compel and/or Motion to Preclude trial evidence on the grounds for which
are as follows:
1. Plaintiff alleges that Defendant negligently rear-ended his vehicle while he was
attempting a left hand turn. Defendant denies Plaintiff s allegations. Plaintiff asserts claims of
personal injury and property damage.
2. On July 13, 2004, Defendant propounded Interrogatories and Request for
Production of Documents to Plaintiff pursuant to Pa.R.C.P. Rules 4005 and 4009.1 et seq. A
copy of said Interrogatories and Request and Production of Documents sent to Plaintiff are
attached hereto and marked as Exhibit "1".
3. On September 9, 2004, counsel for Defendant corresponded to counsel for
Plaintiff advising Plaintiff that responses to the July 13, 2004, Interrogatories and Request for
Production of Documents propounded to Plaintiff by Defendant were now overdue and requested
advisement as to when such responses would be forthcoming. A true and correct copy of the
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September 9, 2004, correspondence is attached hereto and made a part hereof and marked as
Exhibit "2".
4. Plaintifffailed to respond to the September 9, 2004, correspondence from counsel
for Defendant.
5. To date, Plaintiff has failed to answer or object to Defendant's' discovery
requests.
6. Rule 4006(a) of the Pa.R.C.P. provides that answers to Interrogatories shall be in
writing and verified and each interrogatory shall be answered fully and completely unless
objected to in which event the reasons for the objection shall be stated in lieu of an answer. The
answering party shall serve a copy of the answers, and objections, if any, within thirty (30) days
of the service of the Interrogatories.
7. Rule 4009.12(a) of the Pa.R.C.P. provides that where a request upon a party for
production of documents and things has been made, the party upon whom the request is served
shall within thirty (30) days after the service of the request either serve an answer including
objections or produce or make available to the party submitting the request those documents and
things described in the request to which there is no objection.
8. More than thirty (30) days have elapsed since the discovery requests were served
upon counsel for Plaintiff and Plaintiff has failed to respond or object to either discovery
requests.
9. Rule 4019(a) of the Pa.R.C.P. provides that where a party fails to serve answers,
sufficient answers or objections to written interrogatories under Rule 4005, the court may, on
motion, make an appropriate order. A party's failure to serve answers or objections to written
interrogatories may not be excused on the ground that the discovery sought is objectionable
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unless the party failing to act has filed an appropriate objection or has applied for a protective
order.
10. Rule 4019(c)(2) of the Pa.R.C.P. specifically authorizes trial courts to enter orders
prohibiting disobedient parties from introducing evidence at tria1.l That Rule provides that the
Court, when acting on such discovery violation, may make an order that the matters regarding
which the questions were asked, or any other designated fact, shall be taken to be established for
the purposes of the action in accordance with the claim of the party obtaining the order. The
court may also make an order refusing to allow the disobedient party to support or oppose the
designated claims or defenses or prohibiting such party from introducing into evidence
designated documents, things or testimony, or from introducing evidence of physical or mental
condition.
11. A failure to file Objections to Interrogatories within thirty (30) days after the
service of the Interrogatories is deemed a waiver of the right to object,2
12. Plaintiff may be prohibited from introducing evidence as a sanction for failing to
respond within thirty (30) days after the service of the Request for Productions of Documents?
13. A judgment of non-pros may also be entered against the disobedient plaintiff.4
14. Rule 4019(g)(I) of the Pa.R.C.P. also provides that sanctions in the nature of
reasonable expenses, including attorney's fees, incurred in obtaining an order of compliance and
an order for sanctions may be imposed against the disobedient parties.
1 Smith v, Philadelphia Gas Works, Pa,Cmwlth.,1999, 740 A.2d 1200, 1203 (1999).
2 Lane v. Hartford Accident and Indemnity Company, 6 D&C 4th 537 (1990).
3 Smith at, 740 A.2d 1200, 1203.
4 Id.
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15. Said discovery responses are particularly germane to Plaintiff's contentions as to
liability, as well as damages. Defendant intends to depose Plaintiff once the written discovery
responses are provided but requires same in order to prepare for the taking of said deposition.
16. Defendant will be prejudiced if answers to the Interrogatories and responses to
their Request for Production of Documents are not forthcoming.
WHEREFORE, Defendant, Tannor D. Torraro, requests this Honorable Court issue an
order:
(a) that the nlatters which the questions were asked regarding the Interrogatories and
Request for Production of Documents propounded upon Plaintiff by Defendant, or any other
designated fact, shall be taken to be established for the purposes of the action in accordance with
the claims of Defendant;
(b) prohibiting Plaintiff from supporting their designated claims or defenses;
(c) prohibiting Plaintiff from opposing the designated claims or defenses of
Defendant;
(d) prohibiting Plaintiff from introducing into evidence documents, things or
testimony designated and/or requested in the Interrogatories and Request for Production of
Documents propounded upon Plaintiff by Defendant;
(e) that Plaintiff shall serve complete and comprehensive answers to said
Interrogatories and requested documents within thirty (30) days ofthe date of this Court Order;
(f) that Plaintiff shall reimburse reasonable expenses, including attorney's fees,
incurred by Defendant in obtaining this order of compliance;
(g) entering a judgment of non pros against Plaintiff s claims;
(h) or grant any other remedy this Honorable Court deems appropriate.
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Respectfully submitted,
CHARLES B. C KINS, ESQUIRE
Supreme Court J.D. #36208
Attorney for Defendant
110 South Northern Way
York,PA 17402
(717) 757-7602
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IN THE COURT OF COMlv.raN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff
,
Civil Action - Law
vs;
No. 2000-3076
TANNORD. TORRAO,
Defendant
JURY TRIAL DEMANDED
INTERROGATORIESIREQUEST FOR PRODUCTION OF
DOCUMENTS OF DEFENDANT TO PLAINTIFF
TO:
SET NO.1
Edwin E. Hershey, P~aintiff . -'~ cy'
c/o Marcus A. McKnight, III, Esqmre,,,..,,.' ,,~'~ ,j
Irwin & McKnight '
60 West Pomfret Street
Carlisle, Pennsylvania 17013
The Defendant, Tannor D. Torrao, by his attomeys, GRlFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS, Char1esB. Calkins, Esquire, hereby demands that Plaintiff answer the
following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and
Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof.
These Interrogatories shall be deemed continuing so as to require supplemental answers, if
affiants obtain further information between the time the answers are served and the time of the
trial.
Also, pursuant to Pa. R.C.P. Rule 4009.1, et seq., as amended, Plaintiff is requested to
produce for inspection, examination and copying, at the offices of GRlFFlTl:I, STRICKLER,
LERMAN, SOLYMOS & CALKINS, 110 South Northern Way, York,Pennsy1vania 17402, not
later than thirty (30) days after service of this Request, the documents herein described.
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Definition of Terms
THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOVllNG
INTERROGATORIES:
A. "And" and "Or" means "and/or," and the singular form shall be deemed to include
the plural and vice versa.
B. "Describe" or "Description" when used with reference to any conversation,
co=unication, statement, meeting, or discussion or any act, transaction, occurrence, happening,
,
3.
The identification of each person who participated therein, or who was a
witness thereto; and
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instance, or event, means to provide the following information:
1. The subject matter and substance of that which took place;
2. The time, date and place thereof;
4.
The identification of each communication or document which refers
consequence thereof.
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thereto or which was prepared or made during the course thereof or as a
C. "Documents" shall mean the originals, and all non-identical copies (whether
different from the originals because of notes made from such copies or otherwise), of all written,
printed, recorded, or graphic matter of every kind and description, including all attachments or
addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm,
photographic or other means, as well as phonic or visual reproductions, in the possession,
custody or control of Plaintiff; including by way of amplification and not limitation: contracts,
invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars,
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interoffice and interoffice memoranda, memoranda for file, memoranda of telephone
conversations, and minutes of meetings or conferences.
D. "He" and any other masculine pronoun includes any individual, regardless of sex,
to whom the interrogatory would otherwise apply.
E. "Identify," "Identification" or "Identity" means to provide the following
information:
1. When used with reference to a natural person, state his full name and
present ,or last known business and residence address, his last known or
present business affiliation, and his position in business affiliation at the
time of the transaction, occurrence, event, happening, or matter in
question.
2. When used with reference to any entity other than a natural person (e.g.,
corporation, partnership, joint venture or association), state:
(a) Its full names;
(b) The address of its principal place of business; and
(c) Its organization form and its purposes, primary business or
activities.
3. When used with reference to an oral communication:
(a) State the place at which and the date on which such oral
communication occurred;
(b) Identify each person making such oral communication, the person
to whom it was made and each other person who was present (in
person or by telephone) when it was made;
(c) State the subject and substance of such oral communication; and
(d) Specify, in accordance with paragraph (b) below, each document
which relates or refers to each such communication or which was
prepared and made during the course hereof or as a consequence
thereof;
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F. "Person" means any natural person or any entity other than a natural person,
including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint
ventures, co-ventures and any other legally recognized entity of any description whatever, as
well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing
entities.
G. "Specify" when used with reference to a "document," calls for:
1. The nature of the document (e.g., letter, contract, chart, memoranda);
2. Its date;
3. Each author Eand, in different, each signer) thereof, and each person to
whom the document was distributed;
4. Its subject matter and substance;
5. Its present or ~ast mown location or custodian;
6. The diSposition of such document if it was but is no longer in your
possession orsilbject to your control; and
7. Any other information necessary to enable the custodian to locate the
particular document and necessary for use in a subpoena duces tecum or in
a demand for the production of the documents under Rule 4009.1, et seq.,
of the Pennsylvania Rules of Civil Procedure.
H. "Date" means the exact day, month and year if ascertainable; or, if not, the best
approximation (including the relation of other events).
1. "You" or "your" refers to and shall be construed to mean the party to whom or to
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which these discovery requests are directed, as well as that party's agents, representatives,
including without limitation, that party's counsel, insurance carriers and insurance agents, as well
as investigators hired or retained by the responding party, its agents, representatives, or counsel.
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1. Please state your full name, date of birth and present address.
A. Have you ever used or been known by any other name? If so, please state
each other name.
B. How long have you lived at your present address?
, C. If you are married" provide the full name of your spouse and the date of
your marriage.
D. If you have children, list their names, genders and dates of birth.
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2. What is your present occupation and state the name and address of your present
employer. '
3. Describe the specific nature of yoUr employment duties and responsibilities.
4. List the names and addresses of your former employers for the past ten years, if
any, and describe your employment duties and responsibilities.
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5. What is your social security number?
6. State the amount of your gross and net income for each of the past six years.
7. Describe any and all accidents and/or personal injuries you have suffered before
the accident herein sued upon, giving the date, place, and parties involved in each such accident.
CA referral to attached medical records shall. not constitute a sufficient response to this
interrogatory.)
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8. Prom your knowledge, describe any and all infirmities and disabilities from which
you suffered before the accident in this claim or law suit. CA referral to attached medical records
shall not constitute a sufficient response to this interrogatory.)
9. State the names and addresses of all doctors whom you have seen or with whom
you have consulted during the ten years preceding the date of this accident, and the nature of the
ailment, illness, or other reason, for which such doctor was consulted. (A referral to attached
medical records shall not constitute a sufficient response to this interrogatory.)
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10. Give the names and addresses of all hospitals where you have been either as an
in-patient or an out-patient during the ten (10) years prior to the accident complained of and
describe the condition which necessitated each such hospitalization. CA referral to attached
medical records shall not constitute a slifficient response to this interrogatory.)
11. Of your own knowledge, what injuries did you receive in the accident involved in
this case? CA referral to attached medical records shall not constitute a sufficient response to this
interrogatory.)
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12. Of your own knowledge, list any permanent scars, disfigur=ents, disabilities or
discomforts growing out of the within accident. (A referral to attached medical records shall not
constitute a sufficient response to this interrogatory.)
13. Of your own knowledge, please set forth the exact nature of all other present
physical complaints, limitations or restrictions which you allege are attributable to the injuries
which you received in the accident involved in this case. (A referral to attached medical records
shall not constitute a sufficient response to this interrogatory.)
, 14. If you have been hospitalized by reasons of the accident herein sued upon, list the
names and addresses of all such hospitals, clinics, or other medical institutions in which you
were a patient as a result of this accident, giving the dates of con:fin=ent and the sums of money
paid by YOllor on your behalf, or owing to each for services to you. (A referral to attached
medical records shall not constitute a sufficient response to this interrogatory.)
10
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16. On what date did you last work prior to the accident which is the subject of this
litigation?
17. If you have returned to work, either on a full-time or part-time basis, when did
you return and state whether the retumhas been to full-time or part-time employment.
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19. Of your own knowledge, will it be necessary for you to have future medical
treatment by reason of the within accident and, if so, who advised you of the need for treatment
and describe the type of trea1ment discussed. (A referral to attached medical records shall not
constitute a sufficient response to this interrogatory.)
20. Describe any and all accidents and/or personal injuries you have suffered since
the accident here sued upon, giving dates, time and place, parties involved and injuries involved.
12
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21.
Do you know of any person who witnessed the alleged occurrence or who has any
knowledge of the relevant facts concerning the nature, character and extent of the injuries,
disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for
which claim is being made in this action?
22. , If so, for each person, state:
, A. The name and last-known address;
B. A detailed description of the relevant facts known;
C. Whether written or otherwise recorded statement has been taken and, if so,
the name and address of the person taking the statement and the person in
present custody of the statement; and
D. If you will do so without a Motion to Produce, attach a copy of each
statement to your Answers to these Interrogatories.
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23. State the name, address, occupation and field of specialization, if any, of each
person whom you expect to call as an expert witness at trial, and state as to each the subject
matter on which the expert is expected to testify.
24. Set forth the qualifications of all those persons listed in the Answer to the
preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools
attended., including years of attendance and degrees or certifications received; experience in
particular fields, including names and addresses of employers with inclusive years of
employ:tD.ent and positions held; teaching positions or other affiliations; and a 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. (In lieu of answering this
b
Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.)
14
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A.
Set forth the facts to which each expert you have listed is expected to
testify; and
B. Set forth the opinions to which each such expert is expected to testify.
26. Identify and describe any photographs, experiments, videotapes, movies,
1ransparencies,models, diagrams, facsimiles, drawings, plans, tests, or other device or thing to be
utilized by any expert to illustrate testimony or otherwise to support any opinion to be offered.
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27. At the time of this accident, were you covered by any policy of insurance which
protected against the loss which is the subject of this action including but not limited to auto
insurance, health insurance and disability insurance?
28. If so, state for each such policy:
A. The name, principal place of business and telephone number of the
insurer;
B. The name, address and telephone number of the named insured;
C. The policy number;
D. The effective dates of coverage;
E. The amount of liability coverage, specifying the terms thereof;
F. State whether there are any provisions, such as medical pay clauses, first
party benefits, uninsured motorist's coverage, underinsured motorist's
coverage, or other insurance payment provisions, which will provide
benefits to a party injured by your vehicle and set forth any conditions"
exclusions or other relevant terms concerning such additional benefits,
including the amount(s) of such coverage;
G. The number of vehicles covered, if applicable.
H. Your legal domicile at the time insurance was applied for;
1. Your legal domicile at the same time each policy of msurance (or any
endorsement thereto) was issued; and
J. Did you elect full tort option or limited tort option?
K. , The amount of medical bills paid by each insurer related to this accident.
L. The amount of wage loss benefits paid by each insurer related to this
accident.
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29. Has the insurance company or companies involved raised any issue as to your
coverage for damages arising from the aforesaid accident? If so, please set forth in detail the
basis for such issue, reservation of right or denial of coverage.
30. If any issue as to coverage arising from this accident has been raised by the
insurance company or companies involved, please set forth your position as to this issue.
31. Are you protected against the type of risk which is the subject of this action by
any:
A. Reinsurance;
B. Excess insurance;
C. Umbrella policy;
D. Insurance on another owned or leased vehicle;
E. Self-owned or closely held business insurance; and
F. Employer's liability insurance, if relevant?
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32. If your answer to any portion of #31 above is in the affumative, for each such
coverage state:
A. The name, address and telephone number of the insurer;
B. The number of the policy;
C. The form of insurance;
D. The effective dates of coverage;
E. The amount of coverage, specifying the terms thereof, including medical
benefits, work loss benefits, and uninsured motoristlunderinsured motorist
benefits.
F. The name and address of the named insured;
G. State whether there are any provisions such as medical pay clauses, first
party benefits, uninsured motorist's coverage, underinsured motorist's
coverage, or other insurance payment provisions, which will provide
benefits to a party injured by your, vehicle and set forth any conditions,
exclusions or other relevant terms concerning such additional benefits,
including the amount(s) of coverage;
H. The number of vehicles covered if applicable;
1. Your legal domicile at the time each policy of insurance was applied for;
and
J. Your legal domicile at the time each policy of insurance (or any
endorsement thereto) was issued
18
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33.
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A. Has the insurance company or companies involved in your answer to
Interrogatory #32 raised any issue as to your coverage for damage arising
from the aforesaid accident. If so, please set forth in detail the basis for
each such issue, reservation of right or denial of coverage.
B. Does any relative residing in your household possess motor vehicle
insurance other than the coverage referred to in Interrogatory #27 or #31 ?
C. On the date of this accident, were you the owner of a motor vehicle
registered in the Commonwealth of Pennsylvania?
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A. Identify all residents (by names and ages) of the household in which you
resided at the time of the accident.
B. Identify all residents (by names and ages) of the household in which you
currently reside.
C. List the make, model, year and registration number of any motor vehicles
owned by you (either individually or jointly with someone else) on the
date of this accident.
20
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35. State the date on which the motor vehicle you were operating at the time of this
accident was last inspected prior to the date of the accident and identify the inspection facility by
name and address.
36.
A. Have you ever filed any claim(s) for worker's compensation benefits for
this or any other incident and, if so, identify the employer, the claim
number, describe your injury, and provide the name and address of the
insured or self-insured entity to which your claim was made.
B. Have you ever filed any claims for unemployment compensation benefits
and, if so, identify the employer and provide the name and address of the
insured or self-insured entity to which your claim was made.
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C. Have you ever filed a claim for disability insurance and, if so, please
identify when the claim was made, the reason for the claim, and the
identity of the insurance company or other entity to whom the claim was
submitted.
D. Have you ever filed a claim or lawsuit for personal,injuries (other than this
one) arid, if so, please identify when the claim and/or lawsuit was filed, the
reason for same, the parties involved in any accident or incident, and the
claim number and insurance company and/or docket number involved.
37. Identify by name, address, and subject matter oftestimony all trial wi1nesses you
intend to call.
22
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A. State the total amount of bills you have incurred for medical treatment as a
result of the motor vehicle accident upon which this lawsuit is based?
B. ,State the date of your last appointment for medical care, treatment or
consultation for injuries related to the incident in suit, and identify by
name or address the health care provider. CA referral to attached medical
records shall not constitute a sufficient response to this interrogatory.)
C. Are you currently under a physician's care for injuries related to the'
incident in suit and, if so, state the name and address of the physician. CA
referral to attached medical records shall not constitute a sufficient
response to this interrogatory.)
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D. Has any physician advised you to limit or restrict your work, employment
or vocational activities due to injuries related to the incident in suit and, if
so, identify the physician by name and address and describe the limitations
and/or advice related to you. (A referral to attached medical records shall
not constitute a sufficient response to this interrogatory.)
E. Has any physician advised you to limit or restrict your activities of daily
living, household chores, hobbies, or activities you engaged in (pre-
incident) and, if so, identify the physician by name and address and
describe the limitations; restrictions and/or advice relayed to you. (A
referral to attached medical records shall not constitute. a sufficient
response to this interrogatory.)
39. Have you been convicted of any crime within the past ten (10) years, whether by
verdict or plea of guilty or nolo contendere? If so, please state:
a. the date of each such conviction;
b. the county and state in which you were convicted for each such crime;
c. the nature of the felony or misdemeanor of which you were convicted;
d. whether such conviction resulted from a jury verdict, plea of guilty or plea
of nolo contendere;
e. the name and addresses of the tribunal imposing sentence;
24
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f. the title of the cause and case number assigned by said tribunal to your
case;
g. the nature of the sentence imposed; and
h. the dates and places of any facility in which you were incarcerated, and
the date(s) of release.
25
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A. Have you, at any time, or are you currently preparing or maintaining any
records, notes, 'logs, ledgers or diaries that in any way describe your
injuries, treatments, or activities since the accident referred to in your
Complaint?
B. If you answered "Yes" to the above question, where are said documents
located?
C. Was the vehicle you were the operator of or a passenger in anyway
equipped with a telephone at the time of the alleged accident?
26
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D. Was the telephone in use at the time of the accident?
PLEASE PRODUCE THE FOLLOWING DOCUMENTS:
41. All photographs in the possession, custody or control of the Plaintiff, counsel for
Plaintiff, or any other person or entity acting on behalf of the Plaintiff, including any insurers for
the Plaintiff, showing, representing or purporting to show any vehicles, locales, instrumentalities,
persons, and any and all other matters related to the subj ect matters of this litigation.
42. All diagrams, sketches, drawings, plans, measurements, or blueprints in the
possession, custody or, control of Plaintiff, counsel for Plaintiff, or, any other person or entity
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acting on behalf of said Plaintiff, including any insurer of said Plaintiff, showing, representing,
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or purporting to show any of the instrumentalities, locales, persons or other matters involved in
the incident which forms the basis of Plaintiffs Complaint.
43. All statements, signed statements, transcripts of recorded statements or
interviews, recorded statements if not transcribed or any statement of recorded statements if not
transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the
happening or cause of the incident in question, conducted by, or in the possession of Plaintiff,
Plaintiffs attorney, insurers, or anyone else acting on behalf of the Plaintiff.
44. All expert opinion, expert reports, expert snmm31ies, or other writings of experts
in the possession, custody or control of Plaintiff, or hislher attorneys or insurers who are
expected to testify at trial, which relate to the subject matter of this litigation and the incident in
question.
45. All documents prepaxed by Plaintiff, or by any insurers, representatives, agents or
anyone acting on behalf of Plaintiff, except his/her attorneys, during an investigation of any
aspect of the incident in question. Such documents shall include any documents made or
27
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prepared up through the present time, with the exclusion of the mental impressions, conclusions,
or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics.
(NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or
graphic matter, however produced or reproduced, including correspondence, telegrams, other
written co=unications, data processing storage units, tapes, contracts, agreements, notes,
memoranda, analyses, proj ections, indices, work papers, studies, reports, surveys, diaries,
calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing
(including copies of the foregoing, regardless of whether the parties to whom this request is
addressed is now in the possession, custody or control of the original) now in the possession,
custody or comrol of Plaintiff, his/her former or present counsel, agents, employees, officers,
insurers, or any other person acting on Plain1iffs behalf.)
46. If not otherwise covered by the above Requests, the complete
claims/investigation/subrogation (tile(s) of any insurers of Plaintiff, dealing with the incident in
question, with the exclusion of the mental impressions, conclusions, or opinions respecting the
value or merit of a claim or defense, or respecting strategy or tactics.
47. All documents in the possession, custody or control of Plaintiff, Plaintiff's
counsel, insurers, or anyone else acting on Plaintiff's behalf, dealing in any way with the injuries,
damages and losses sustained by Plaintiff, other than those documents supplied by Plaintiff's
counsel to Defendant's counsel. This ,should include, but not be limited to, all medical bills,
medical records, medical reports, correspondence, any and all other bills and documents relating
to medical treatment, hospitalization, medication, appliances, lost wages, etc.
48. If you are maintaining a claim for impairment of earning capacity, please produce
copies of your Federal income tax returns for past six (6) years.
28
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49. Please produce your W-2 (wage and tax statements) for the past six (6) years.
50. Produce copies of all trial exhibits.
51. Produce all of your policies of auto insurance in effect on the date of this accident
including all declaration pages and endorsements.
52. Produce a copy of any records, notes, logs, ledgers or diaries that in any way
describe your injuries, treatments or activities since the accident.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY, 00
CHARLES B. , ESQUIRE
Supreme Court I.D. 36208
Attorney for Defendants
110 South Northem Way
York,PA 17402
(717) 757-7602
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IN THE COURT OF CO:M:MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN" E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this /3 fi., day of July, 2004, I, Charles B. Calkins, Esquire, a member of the firm of
GRlfFlTti, STRICKLER, LERMAN, SOL YMOS & CALKINS, Esquires, hereby certify that I
have, this date, served a copy of INTERROGATORIES/REQUEST FOR PRODUCTION OF
DOCUMENTS OF DEFENDANT TO PLAINTIFF by United States Mail, addressed to the
party or attomey ofrecord as follows:
Marcus A. McKnight, ill, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(Attomey for Plaintiff)
GRIFFITH, STRICKLER, LERMAN,
B/l12r
CHARLES B. CALKINS, ESQUIRE
Supreme Court LD. 36208
Attorney for Defendant
110 South Northem Way
York,PA 17402
(717) 757-7602
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LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
ROBERT M. STRICKLER
ROBERT A. LERMANO
PETER D. SOL YMOS
CHARLES B. CALKINS
PAUL G. llJ'TZ"
MICHAEl B. SCHEIB*
THOMAS B. SPONAUGLE
ROBERT H. GRIFFITH - OF COUNSEL
110 S, NORTHERN WAY
YORK, PENNSYLVANIA 1.7402-3737
TELEPHONE: (717) 757.7602
FAX: (717)757.3783
EMAIL: Infolliloslsc.com
ANN MARGARET GRAB
KRISTI A. GOHN
PATRICIA J. BARTKOWIAK
GLENN J. SMITH
Charles B. Calkins' EMAIL: CCalklns@gslsc.com
DAlso Member MD Bar
ALL.M (Taxation); also Member CT Bar
*Also Member NY arid D.C. Bars
September 9, 2004
COpy
Mr. Marcus A. McKnight, ill, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Re: Edwin E. Hershey v. Tannor D. Torraro
Cumberland County Court of Common Pleas No. 2000-3076
Dear Mr. McKnight:
On or about July 13, 2004 I forwarded to you the Defendant's Interrogatories/Request for
Production of Documents directed to the Plaintiff, Edwin E. Hershey.
The responses to the discovery were due within thirty days after the date of service. Weare
approaching sixty days since you were served the formal discovery request. I do not note in
my file that you have requested an extension Clf time to answer same. I acknowledge that you
have been courteous enough to grant me extensions to file responsive pleadings to the
Plaintiffs Complaint.
Could you advise as to when you anticipate forwarding to me complete answers to the
discovery requests? Please respond.
Very Truly Yours,
CHARLES B. CALKINS
Tkw/CBC/Torraro/torraro.ltr
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
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EDWIN E. HERSHEY,
Plaintiff,
NO. 2000-3076 CIVIL TERM
CIVIL ACTION - LAW
v.
TANNOR D. TORRARO,
Defendant.
CERTIFICATE OF SERVICE
AND NOW, this 20th day of October, 2004, I, Charles B. Calkins, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date
served a copy of Motion of Defendant, Tannor D. Torraro, to Compel to Plaintiff to Respond to
Interrogatories and Request for Production of Documents, by United States Mail, addressed to the
party or attorney of record as follows:
Marcus A. McKnight, Esquire
IRWIN & MCKNIGHT
60 West Pomfert Street
Carlisle, PA 17013
Counsel for Plaintiff
GRIFFITH, STRICKLER, LERMAN,
SO S & CALKINS
BY
ES B. CAL S, ESQUIRE
Supreme Court J.D. #36208
Attorney for Defendant
110 South Northern Way
York, PA 17402
(717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Charles B, Calkins, Esquire, counsel for Defendant, Tannor D. Torrao, intends to serve
subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from
the date listed below in which to file of record and serve upon the undersigned an objection to
the subpoenas. If no objection is made, the subpoenas may be served.
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Dated:
t2/l7/oQ
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BY
CH ES.
Supreme Court ill o. 36208
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Penn's Wood Physical Therapy
425 Stonehedge Drive, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershev. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Lancaster Neuroscience & Spine Associates
1671 Crooked Oak Drive, Lancaster, Pennsylvania 17601
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports, notes, charts.
memoranda. medical bills. X-raY reports and films, correspondence and other documentation
pertaininq to Edwin E. Hershev. SS No, 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Jonathan Costa, MD., Hershey Medical Center/Rehab, Center
500 University Drive, Hershey, Pennsylvania 17033
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical billS. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court J.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Stephen M. Becker, MD, Newville Family Practice
91 South High Street, Newville, Pennsylvania 17241
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. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
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 adyance 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Harold G. Kretzing, MD, Belvedere Medical Corporation
850 Walnut Bottom Road, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
YorK, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Steven E. Morganstein, MD, Arlington Rehab & Sports Medicine
805 Sir Thomas Court, Harrisburg, PA 17109
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. reports. notes. charts.
memoranda. medical bills. X-raY reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Alexander Spring Rehab, Inc.
27 Brookwood Avenue, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E, Hershev. SS No. 191-42-9838.
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:
Charles B, Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
By:
Seal of Court Prothonotary
Date:
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Carlisle Hospital and Health Services/Carlisle Regional Medical Center
246 Parker Street, P.O. Box 310, Carlisle, Pennsylvania 17013-0310
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWINE. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Baxter Drew Wellman, MD
127 Walnut Bottom Road, Shippensburg, Pennsylvania 17257
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports, notes, charts,
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Lear Corporation,
50 Spring Road, Carlisle, Pennsylvania 17013
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 employment records, W-2s, reports,
notes, correspondence and other documentation pertaining to Edwin E. Hershev. DOB: 4/13/51.
Social SecuritvNumber 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northem Way
York,PA 17402
(717) 757-7602
Supreme Court J.D. #36208
Attomey for Defendant
Date:
By:
Seal of Court Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No, 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this /7tl1 day of December, 2004, I, Charles B. Calkins, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby
certify that I have, this date, served a copy of Defendants' Notice of Intent to Serve Subpoenas to
Plaintiff via United States Mail, addressed to the party or attorney of record as follows:
Marcus A. McKnight, III, Esquire
hwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY {&I!d
C ES B. CALKINS, ESQUIRE
Supreme Court ID No. 36208
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
VB.
No. 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATION OF "SATISFACTORY ASSURANCE OF NOTICE"
PURSUANT TO HIPAA 164.512(e)(1)
The undersigned hereby certifies that the patients, Edwin E. Hershey, identified as
Plaintiff in the above-captioned matter, is represented in this litigation by Marcus A McKnight,
III, Esquire of Irwin & McKnight, 60 West Pomfret Street, Carlisle, P A 17013 and that written
notice of intent to issue and serve subpoenas to obtain records was served upon Marcus A
McKnight, III, Esquire, on or about December 17, 2004, which notice contained required
language under the Pennsylvania Rules of Civil Procedure affording Attorney McKnight, on
behalf of Plaintiff, Edwin E. Hershey, to raise objections to the court with respect to the foregoing
subpoena and I further certify that twenty (20) days have passed since such notice was provided
to Attorney McKnight, and no objections have been filed,
CKLER, LERMAN,
OLYMOS
BY:
C ES B CALKINS, ESQUIRE
Attorney J.D. 6208
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant
Date: Januarv 27. 2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22,
Defendant, Tarmor D. Torrao, certifies that:
(I) A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached
thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the
Subpoenas are sought to be served,
(2) A copy ofthe Notice of Intent, including the proposed Subpoenas, is attached to this
Certificate,
(3) The attomey for the Plaintiffs has waived the notice period and/or twenty days has
passed, and
(4) The Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to Serve the Subpoenas.
GRIFFITH STRIC
o OS
Dated: January 27,2005
BY
Char . a ns, E quire #36208
Attomey for the De endant, TannorD. Torrao
11 0 South Northem Way
York,PA 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Charles B. Calkins, Esquire, counsel for Defendant, Tannor D. Torrao, intends to serve
subpoenas identical to the ones that are attached to this notice, Y Oil have twenty (20) days from
the date listed below in which to file of record and serve upon the undersigned an objection to
the subpoenas. Ifno objection is made, the subpoenas maybe served.
Dated:
12/17/04
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Supreme Court ill 140. 36208 =<
11 0 South Northern Way
York,PA17402
Telephone: (717) 757-7602
Attorney for the Defendant
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Penn's Wood Physical Therapy
425 Stonehedge Drive, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev. SS No. 191-42-9838,
You may deliver or mail legible copies of the documents or produce things requested by
. - this sUbpb6l1a,togetherwitn tf1e ceftificatebfcorhpliance, to the -party-rflaking-tfjis recjues1 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Lancaster Neuroscience & Spine Associates
1671 Crooked Oak Drive, Lancaster, Pennsylvania 17601
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes. charts.
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev. SS No, 191-42-9838.
You may deliver or mail legible copies ofthe documents or produce things requested by
this subpoena; to~ether with the cMificate- of compliance, to the party makihgthis requesCilf 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Jonathan Costa, MD., Hershey Medical Center/Rehab, Center
500 University Drive, Hershey, Pennsylvania 17033
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records, reports, notes, charts,
memoranda, medical bills, X-rav reports and films, correspondence and other documentation
pertainina to Edwin E. Hershey. SS No, 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
- this subpoena; togetherwith the certificate-of compliarrce, 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
-
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Stephen M, Becker, MD, Newville Family Practice
91 South High Street, Newville, Pennsylvania 17241
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records, reports. notes. charts,
memoranda, medical bills, X-rav reports and films, correspondence and other documentation
pertainina to Edwin E. Hershev, SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
this-subpoena; together with the certificate-ofcompliance, to ttlaparty 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Harold G. Kretzing, MD, Belvedere Medical Corporation
850 Walnut Bottom Road, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes, charts,
memoranda, medical bills, X-rav reports and films, correspondence and other documentation
pertainina to Edwin E. Hershev, SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together withthe-certificate-of compliance, to the partymakilTgthisrequest 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Steven E. Morganstein, MD, Arlington Rehab & Sports Medicine
805 Sir Thomas Court, Harrisburg, PA 17109
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, reports, notes, charts,
memoranda, medical bills, X-rav reports and films. correspondence and other documentation
pertainina to Edwin E. Hershev, SS No. 191-42-9838.
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-thisrequest at the
address listed above. Yau 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
:0~{~~~~I~':~~l~
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SUBPOENA TO PRODUCE DOCUMENTS ORTHINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA .
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Alexander Spring Rehab, Inc.
27 Brookwood Avenue, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records, reports, notes, charts.
memoranda, medical bills, X-rav reports and films, correspondence and other documentation
pertaininq to Edwin E. Hershev, SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
-this stJbpoena;togetherwith 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Carlisle Hospital and Health Services/Carlisle Regional Medical Center
246 Parker Street, P.O. Box 310, Carlisle, Pennsylvania 17013-0310
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, reports. notes, charts,
memoranda. medical bills, X-ray reports and films, correspondence and other documentation
pertainina to Edwin E, Hershev. SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
. . - -this subrroena, together with the certificate.of compliance,-to the-p-artsrm3Ringthis requestat 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWlNE. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Baxter Drew Wellman. MD
127 Walnut Bottom Road, Shippensburg, Pennsylvania 17257
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports, notes, charts,
memoranda. medical bills, X-rav reports and films, correspondence and other documentation
pertainina to Edwin E. Hershev. SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena; togethefwith the certificate of compliariGe, to tne-Ifaftymakihg -this reqlJestat 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Lear Corporation,
50 Spring Road, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: anvand all emplovrnent records. W-2s. reports.
notes. correspondence and other documentation pertaining to Edwin E. Hershev. DOB: 4/13/51.
Social SecuritvNumber 191-42-9838.
you may' deliver- ormainegibfecopiesoftliedocuments oruproducethings requesteahY 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York,PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attomey for Defendant
Date:
By:
Seal of Court Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this Ijt'" day of December, 2004, I, Charles B. Calkins, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby
certify that I have, this date, served a copy of Defendants' Notice of Intent to Serve Subpoenas to
Plaintiff via United States Mail, addressed to the party or attomey of record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY ~iU
~ES B. CALKINS, ESQUIRE
Supreme Court ID No. 36208
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No, 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
"lid. 1],1--0,,110.1
AND NOW, this ~ day of ~005, I, Charles B. Calkins, a member ofthe firm of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date
served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by
United States Mail, addressed to the party or attomey of record as follows:
Marcus A, McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
(Counsel for Plaintiffs)
GRIFFI
ER, LERMAN,
CALKINS
By:
Char e Esquire #36208
Attomey for Defen ,ant
110 S. Northem Way
Yark, P A 17402
(717) 757-7602
Torrao/certprerequis.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No, 2000-3076
TANNORD. TORRAO,
Defendant
JURY TRIAL DEMANDED
NOTICE OF TAKING DEPOSITIONS
TO: Edwin E. Hershey, Plaintiff
c/o Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(Counsel for Plaintiff)
PLEASE TAKE NOTICE that pursuant to Pennsylvania Rule of Civil Procedure No. 4007.1, the
Deposition of Edwin E. Hershey will be taken upon oral examination, for the purpose of discovery
and/or for use at trial, before a Notary Public or before some other person authorized to render an
oath, at the offices of Irwin & McKnight, 60 West Pomfret Street, Carlisle, Pennsylvania 17013, on
Thursday, April 28, 2005, at 2:00 p.m., and at any and all adjournments thereof, on all matters not
privileged which are relevant and material to the issues and subject matter involved in the above-
captioned action and that the above-named requested to appear at the aforesaid time and place and
submit to examination under oath.
ER, LERMAN,
S
By:
CHARL S B. CALKIN ESQUIRE
Supreme Court J.D. 36208
Attorney for Defendant,
Tannor D, Torrao
110 South Northern Way
York, PA 17402
(717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E, HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNORD. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 22nd day of February, 2005, I, Charles B. Calkins, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS,
Esquires, hereby certify that I have, this date, served a copy of Defendants' Notice of
Deposition to Plaintiff by United States Mail, addressed to the party or attomey of record
as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
BY
CHARLES B. CALKINS, ESQUIRE
Supreme Court LD, 3620
Attorney for Defendant,
Tannor D, Torrao
110 South Northern Way
York, PA 17402
(717) 757-7602
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EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle,
Pennsylvania 17013.
Respectfully submitted,
IRWIN & McKNIGHT
Date: October 6, 2005
--. '"
.
EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-3076 CML TERM
TANNOR D. TORRAO,
Defendant
CML ACTION - LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
Charles B. Calkins, Esq.
Griffith, Strickler, Lerman, Solymos & Calkins
lID South Northern Way
York, PA 17402-3737
By:
Date: October 6, 2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWINE. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2:000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Charles B. Calkins, Esquire, counsel for Defendant, Tatmor D. Torrao, intends to serve
subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from
the date listed below in which to file of record and serve upon the undersigned an objection to
the subpoenas. Ifno objection is made, the subpoenas may be served.
(
Dated:
12./t?/olf
,
SUBPOENA TO PRODUCE DOCUMENTS lOR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Penn's Wood Physical Therapy
425 Stonehedge Drive, Carlisle, Pennsylvania 17013
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. reports. notes, charts.
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertainina to Edwin E. Hershey. SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of compliance, to tho 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
- Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Lancaster Neuroscience & Spine Associates
1671 Crooked Oak Drive, Lancaster, Pennsylvania 17601
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. reports. notes. charts.
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Jonathan Costa, MD., Hershey Medical Center/Rehab. Center
500 University Drive, Hershey, Pennsylvania 17033
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. reports. notes. charts.
memoranda. medical bills. X-raY reports and films. correspondence and other documentation
pertaininQ to Edwin E. Hershey. SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of compliance, to thl~ 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Stephen M. Becker, MD, Newville Family Practice
91 South High Street, Newville, Pennsylvania 17241
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. reports. notes. charts.
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertainina to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jurv Trial Demanded
"'
TO: Harold G. Kretzing, MO, Belvedere Medical Corporation
850 Walnut Bottom Road, Carlisle, Pennsylvania 17013
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. reports. notes. charts.
memoranda. medical bills. X-raY reports and films, correspondence and other documentation
pertainina to Edwin E. Hershey. SS No. 191-42-9838.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of compliance, to thi3 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWINE. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Steven E. Morganstein, MD, Arlington Rehab & Sports Medicine
805 Sir Thomas Court, Harrisburg, PA 17109
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. reports. notes. charts.
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershev. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Alexander Spring Rehab, Inc.
27 Brookwood Avenue, Carlisle, Pennsylvania 17013
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. reports. notes. charts.
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertainino to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS; OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
TO: Carlisle Hospital and Health Services/Carlisle Regional Medical Center
246 Parker Street, P.O. Box 310, Carlisle, Pennsylvania 17013-0310
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. reports. notes. charts.
memoranda. medical bills. X-raY reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No., 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Baxter Drew Wellman, MD
127 Walnut Bottom Road, Shippensburg, Pennsylvania 17257
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, reports, notes, charts,
memoranda, medical bills, X-ray reports and films, correspondence and other documentation
pertaininq to Edwin E. Hershey, SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Lear Corporation,
50 Spring Road, Carlisle, Pennsylvania 17013
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 emnloyment records. W -2s. reports.
notes. correspondence and other documentation pertaining to Edwin E. Hershey. DOB: 4/13/51.
Social Security Number 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
(717) 757-7602
Supreme Court LD. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICI~
AND NOW, this fl!!3. day of December, 2004, I, Charles B. Calkins, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby
certify that I have, this date, served a copy of Defendants' Notice oflntent to Serve Subpoenas to
Plaintiff via United States Mail, addressed to the party or attorney of record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY C~~~KINS' ESQUIRE
Supreme Court ID No. 36208
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN K HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
T ANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATION OF "SATISFACTORY ASSURANCE OF NOTICE"
PURSUANT TO IDPAA 164.512('ili!}
The undersigned hereby certifies that the patients, Edwin E, Hershey. identified as
Plaintiff in the above-captioned matter, is represented in this litigation by Marcus A McKnight,
III, Esquire of Irwin & McKnight, 60 West Pomfret Street, Carlisle, PA 17013 and that written
notice of intent to issue and serve subpoenas to obtain records was served upon Marcus A
McKnight, III, Esquire, on or about December 17, 2004, which notice contained required
language under the Pennsylvania Rules of Civil Procedure affording Attorney McKnight, on
behalf of Plaintiff, Edwin E Hershey, to raise objections to the court with respect to the foregoing
subpoena and] further certify that twenty (20) days have passed since such notice was provided
to Attorney McKnight, and no objections have been filed,
RlCKLER, LERMAN,
OL YMOS
BY:
C LES B, CALKINS, ESQUIRE
Attorney LD, 36208
110 South Northern Way
Yark, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant
Date: Januarv 27,2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22,
Defendant, Tannor D. Torrao, certifies that:
(1) A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached
thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the
Subpoenas are sought to be served,
(2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
Certificate,
(3) The attorney for the Plaintiffs has waived the notice period and/or twenty days has
passed, and
(4) The Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to Serve the Subpoenas.
Dated: January 27,2005
BY
Chari . a ns, Equire #36208
Attorney for the Defendant, Tmllior D. Torrao
110 South Northern Way
York, P A 17402
(717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN K HERSHEY,
Plaintiff,
Civil Action-Law
v,
No. 2000-3076
TANNOR D, TORRAO,
Defendant.
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO JPRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Charles R Calkins, Esquire, counsel for Defendant, Tannor D. Torrao, intends to serve
subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from
the date listed below in which to file of record and serve upon the undersigned an objection to
the subpoenas. If no objection is made, the subpoenas may be s(lrved.
BY
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Supreme Court ID No. 36208 =<
110 South Northern Way
York,PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
-
TO: Penn's Wood Physical Therapy
425 Stonehedge Drive, Carlisle, Pennsylvania 17013
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. reports, notes. charts.
memoranda, medical bills, X-ray reports and films, correspondence and other documentation
pertainino to Edwin E Hershey, SS No, 191-42-9838.
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 followin~1 person:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S, Northern Way
York, PA 17402
(717) 757-7602
Supreme Court J.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
~'~t~~f::.?~~iP€:'~~(~~:~~f~~.~;:;_;~"-~:'l~~~~~~~~~'<<f'~~c~':
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Lancaster Neuroscience & Spine Associates
1671 Crooked Oak Drive, Lancaster, Pennsylvania 17601
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records, reports, notes. charts,
memoranda. medical bills. X-rav reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershev. SS No, 191-42-9838,
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:
Charles B. Calkins, Esquire
Griffith, Strickler. Lerman, Solymos & Calkins
110 S, Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
:~<f}.,,~-:~~~~~:_~_::'~1ig7~~~~~~~s~~r~~:~:~j~?~~~?~~'~~~: ~d'.~'~'r'~~-'t:: ;'-
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
T ANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Jonathan Costa, MD" Hershey Medical Center/Rehab, Center
500 University Drive, Hershey, Pennsylvania 17033
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports, notes, charts.
memoranda, medical bills. X-raY reports and films, correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
By:
Seal of Court Prothonotary
Date:
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANTA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Stephen M. Becker, MD, Newville Family Practice
91 South High Street, Newville, Pennsylvania 17241
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. reports. notes. charts,
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertaininq to Edwin E, Hershey. SS No, 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Harold G, Kretzing, MD, Belvedere Medical Corporation
850 Walnut Bottom Road, Carlisle, Pennsylvania 17013
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following documents or things: anv and all records. reports. notes, charts,
memoranda, medical bills. X-rav reports and films, correspondence and other documentation
pertaininq to Edwin E. Hershev, SS No, 191-42-9838,
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
":>~:-~:~'C~~';~~~~:":7;:~~:'ry:')~~~~::T'='t~<r~~::~~,:~~Y-i::F,~_:~C?: ~~.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Steven E. Morganstein, MD, Arlington Rehab & Sports Medicine
805 Sir Thomas Court, Harrisburg, PA 17109
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, reports, notes, charts,
memoranda, medical bills. X-ray reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey, SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
'. '. .' .'>:.:':~;~:<' '~~~~;""",,".C~II!l.'c1~,>,:~u'~!>: ,~S:~-'"ii'_5'~:7....- . .
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Alexander Spring Rehab, Inc.
27 Brookwood Avenue, Carlisle, Pennsylvania 17013
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, reports, notes, charts.
memoranda, medical bills. X-ray reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
You may deliver or rnaillegible 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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Carlisle Hospital and Health Services/Carlisle Regional Medical Center
246 Parker Street, P.O. Box 310, Carlisle, Pennsylvania 17013-0310
Within TWENTY (20) days after service of this subpoena, you are ordered by the court
to produce the following docurnents or things: any and all records, reports, notes. charts.
memoranda, medical bills. X-ray reports and films. correspondence and other documentation
pertaininq to Edwin E. Hershey. SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
TO: Baxter Drew Wellman, MD
127 Walnut Bottom Road, Shippensburg, Pennsylvania 17257
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, reports, notes, charts,
memoranda. medical bills. X-ray reports and films. correspondence and other documentation
pertaininQ to Edwin E. Hershey, SS No. 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solyrnos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNOR D. TORRAO,
Defendant.
Jury Trial Demanded
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: Lear Corporation,
50 Spring Road, Carlisle, Pennsylvania 17013
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 employment records, W-2s. reports,
notes. correspondence and other documentation pertaining to Edwin E. Hershey, DOB: 4/13/51.
Social Security Number 191-42-9838.
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:
Charles B. Calkins, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York,PA 17402
(717) 757-7602
Supreme Court LD. #36208
Attorney for Defendant
Date:
By:
Seal of Court Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY,
Plaintiff,
Civil Action-Law
v.
No. 2000-3076
TANNORD. TORRAO,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this J'lf~ day of December, 2004, I, Charles B. Calkins, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS &. CALKINS, Esquires, hereby
certify that I have, this date, served a copy of Defendants' Notice of Intent to Serve Subpoenas to
Plaintiff via United States Mail, addressed to the party or attomey of record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY ~Jld
C ES B. CALKINS, ESQUIRE
Supreme Court lD No. 36208
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
T ANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
"lie. ~~"rni,J
AND NOW, this / day of ~005, I, Charles B. Calkins, a member ofthe firm of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date
served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by
United States Mail, addressed to the party or attorney of record as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, P A ] 7013
(Counsel for Plaintiffs)
ER, LERMAN,
CALKINS
By:
Char e I' Esquire #36208
Attorney for Defendant
110 S. Northern Way
York,PA ]7402
(717) 757-7602
Torrao/certprerequis.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNORD. TORRAO,
Defendant
JURY TRIAL DEMANDED
NOTICE OF TAKING DEPOSITIONS
TO: Edwin E. Hershey, Plaintiff
c/o Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(Counsel for Plaintiff)
PLEASE TAKE NOTICE that pursuant to Pennsylvania Rule of Civil Procedure No. 4007.1, the
Deposition of Edwin E. Hershey will be taken upon oral examination, for the purpose of discovery
and/or for use at trial, before a Notary Public or before some other person authorized to render an
oath, at the offices of Irwin & McKnight, 60 West Porn fret Street, Carlisle, Pennsylvania 17013, on
Thursday, April 28, 2005, at 2:00 p.m., and at any and all adjournments thereof, on all matters not
privileged which are relevant and material to the issues and subject matter involved in the above-
captioned action and that the above-named requested to appear at the aforesaid time and place and
submit to examination under oath.
GRIFFITH, STRIC T ER, LERMAN,
S L S INS
By:
CHARL S B. CALKIN ESQUIRE
Supreme Court LD. 36208
Attorney for Defendant,
Tannor D. Torrao
110 South Northern Way
York, PA 17402
(717) 757-7602
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EDWIN E. HERSHEY
Plaintiff,
Civil Action - Law
vs.
No. 2000-3076
TANNOR D. TORRAO,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this nnd day of February, 2005, I, Charles B. Calkins, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS,
Esquires, hereby certify that I have, this date, served a copy of Defendants' Notice of
Deposition to Plaintiff by United States Mail, addressed to the party or attorney of record
as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
GRIFFITH, STRICKLER, LERMAN,
S L OS LKINS
1
\ I
BY
CHARLES B. CALKINS" ESQUIRE
Supreme Court J.D. 36208
Attorney for Defendant,
Tannor D. Torrao
tlO South Northern Way
York, PA 17402
(717) 757-7602
EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle,
Pennsylvania 17013.
Respectfully submitted,
IRWIN & McKNIGHT
Date: October 6, 2005
EDWIN E. HERSHEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-3076 CIVIL TERM
TANNOR D. TORRAO,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
Charles B. Calkins, Esq.
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402-3737
By:
Date: October 6, 2005
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