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HomeMy WebLinkAbout03-0311THIS IS AN ARBITRATION CASE ASSESSMENT OF JURY DAMAGES IS NOT REQUIRED JURY TRIAL IS NOT DEMANDED COFFEY & KAYE BY: MICHAEL J. OLLEY, ESQUIRE IDENTIFICATION NO. 56118 Suite 718, Two Bala Plaza Bala Cynwyd, PA 19004 (610) 668-9800 CHARLES O. FREEBY and DONNA M. FREEBY, h/w 327 S. Washington Street Mechanicsburg, PA 17055 Plaintiff vs. JAMES A. ROGERS and MELISSA A. ROGERS, h/w 57 W. Keller Street Mechanicsburg, PA 17055 Defendant Attorneys For: Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03 ?' l ! (? t l I COMPLAINT - Negligence 2V - Motor Vehicle Accident 1 NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you." "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP." LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO "Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar ]a demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y require que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted." "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 CIVIL ACTION COMPLAINT 1. Plaintiffs, Charles O. Freeby and Donna M. Freeby, are husband and wife and are individual citizens and residents of the Commonwealth of Pennsylvania residing therein at 327 S. Washington Street, Mechanicsburg. 2. Defendants, James A. Rogers and Melissa A. Rogers, are husband and wife, and are individual citizens and residents of the Commonwealth of Pennsylvania residing therein at 57 W. Keller Street, Mechanicsburg. 3. All the acts alleged to have been done or not to have been done by the defendants, were done or not done by their respective agents, servants, workmen and/or employees, acting in the course and scope of their employment for and on behalf of said defendants. 4. On or about May 22, 2001, at approximately 8:15 a.m., wife-plaintiff was operating her motor vehicle westbound on Marble Street, at the intersection of Marble and High Streets, Mechanicsburg, Pennsylvania. 5. On the aforementioned date and at the aforementioned time Melissa A. Rogers was operating a motor vehicle owned by herself and James A. Rogers, southbound on South High Street, at the aforementioned intersection. 6. On the aforementioned date and at the aforementioned time, as plaintiffs' vehicle was proceeding through the intersection, the defendants' vehicle entered the same intersection in disregard of a stop sign. 7. As a result of the negligence and carelessness of the defendants, jointly and severally, individually and/or by their respective agents, servants, workmen and/or employees, the defendants' vehicle, which entered the aforementioned intersection without properly obeying the 3 stop sign, collided with the plaintiffs' vehicle, resulting in the serious painful and permanent personal injuries to wife-plaintiff and other injuries to husband-plaintiff as set forth more particularly hereinafter. 8. At all times material hereto, the wife-plaintiff had selected the full tort option under 75 Pa. C.S.. 1705 on her motor vehicle insurance policy and by reason of such, the plaintiff is eligible for and does seek compensation for non-economic loss. 9. The negligence of the defendants, jointly and severally, consisted of the following: a. Failing to have said vehicle under proper and adequate control; b. Operating said vehicle at an excessive rate of speed under the circumstances; C. Failing to maintain the assured clear distance ahead; d. Failing to take due note of the point and position of the plaintiff upon the highway; e. Failing to warn plaintiff, f. Failing to yield the right-of-way; g. Failing to regard the rights, safety and position of plaintiff, h. Violating the statutes of the Commonwealth of Pennsylvania pertaining to the operation of a motor vehicle under the circumstances; i. Failure to use due care under the circumstances; j. Failing to make timely application of the brakes; k. Continuing to operate her vehicle in such the direction when the defendant saw, or, in the exercise of reasonable diligence, should have seen that further operation in that direction would result in injury to the 4 plaintiff, 1. Failing to have due regard for other motor vehicles lawfully upon the highway; M. Failing to maintain a proper lookout; n. Improperly entering an intersection; o. Failing to obey a stop sign or other traffic control device; P. Entering an intersection despite failing to obey a stop sign; q. Failing to note the point and position of plaintiffs' vehicle, in the aforementioned intersection, before proceeding into said intersection. 10. The negligence of defendant James A. Rogers also consisted of the following: j. Negligently entrusting his motor vehicle to an inexperienced operator; k. Negligently entrusting his motor vehicle to an unsafe operator; 1. Negligently entrusting his motor vehicle to an unqualified operator; M. Allowing an inexperienced, unqualified and unsafe operator to drive his motor vehicle and n. Failing to ascertain that defendant Melissa A. Rogers should not have been permitted to operate his motor vehicle. 11. All of the averments set forth in the foregoing paragraphs are incorporated in the following Causes of Action as though set forth therein at length. FIRST CAUSE OF ACTION DONNA M. FREEBY vs. JAMES A. ROGERS AND MELISSA A. ROGERS 12. As a result of the aforesaid, plaintiff has or may incur other financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to receive, to her great detriment and loss. 5 13. As a result of the aforesaid, plaintiff has been, or will in the future be obliged to receive and undergo medical attention and care and to expend various sums of money for the injuries she has suffered and yet may suffer, all of which may exceed the sums recoverable under the limitations set forth in the Pennsylvania Motor Vehicle Responsibility Financial Law, Pa. C.S.A. 1701, et seq. from which excess plaintiff demands recovery from the defendant. 14. As a further result of the aforesaid injuries, the plaintiff has sustained permanent diminution of her ability to enjoy life and life's pleasures. 15. As a further result of the aforesaid, plaintiff has or may suffer a severe loss of her earnings and impairment of her earning capacity and power, which such loss of income and/or impairment of earning capacity or power has or may exceed the sum recoverable under the limitations set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 1701, et seq. from which excess plaintiff demands recovery from the defendant. 16. As a result of the aforesaid, plaintiff has undergone great physical pain and mental anguish, and she will continue to endure the same for an indefinite time in the future, to her great detriment and loss. 17. As a result of the aforesaid accident, plaintiff sustained injuries to her body, including but at this time not limited to, its bones, cells, tissues, nerves, muscles and functions. Plaintiff sustained injury to her neck; cervical strain; injury to her shoulders; scapula strain; injury to her left hand; sprain of thumb and wrist; tendinitis of left wrist and thumb; injury to knees; contusions and abrasions of both knees. Some or all of the above injuries are or may be permanent in nature. The full extent of plaintiffs injuries are not presently known. 18. As a result of the aforesaid, plaintiffs motor vehicle sustained serious damage. 6 SECOND CAUSE OF ACTION CHARLES O. FREEBY v. JAMES A. ROGERS AND MELISSA A. ROGERS 19. As a result of the injuries sustained by wife-plaintiff as aforesaid, husband- plaintiff has been deprived of the society, companionship and consortium of his wife-plaintiff herein, and he will be deprived of the same for an indefinite time in the future, to his great detriment and loss. WHEREFORE, each plaintiff demands judgment against the defendants, jointly and severally, in a sum not in excess of Fifty Thousand Dollars ($50,000.00). This amount does require submission to arbitration. COFFEY & KAYE BY: MICHAEL J. OLLEY Counsel for Plaintiff 7 VERIFICATION The Undersigned, having read the attached pleading, verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel, verifier has relied upon counsel in taking this Verification. The Verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification of authorities. DONNA M.FREE DATED: A-?";?q- 12 VERIFICATION The Undersigned, having read the attached pleading, verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the pleading are that of counsel, verifier has relied upon counsel in taking this Verification. The Verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification of authorities. CH ES F EBY DATED: /- / C °C 3 CASE NO: 2003-00311 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FREEBY CHARLES O ET AL VS ROGERS JAMES A ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE RnC,'RRR JAMFS A was served upon the DEFENDANT , at 1413:00 HOURS, on the 28th day of January , 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE CARLISLE, PA 17013 JAMES ROGERS by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 So Answers: R. Thomas Kline 01/28/2003 COFFEY & KAYE Sworn and Subscribed to before By: me this )J64-? day of Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00311 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FREEBY CHARLES 0 ET AL VS ROGERS JAMES A ET AL STEVE WHISTLER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ROGERS MELISSA A was served upon the DEFENDANT , at 0930:00 HOURS, on the 28th day of January , 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to MELISSA A ROGERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 , Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 01/28/2003 COFFEY & KAYE Sworn and Subscribed to before me this 3 6(L day of 003 A.D. Jotho otary By . 0 (I Deputy Sheriff CHARLES O FREEBY and DONNA M FREEBY, h/w, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. ROGERS and MELISSA A. ROGERS, h/w, Defendants NO. 03-311 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osborne & Rettig, P.C. on behalf of Defendants, James A. Rogers and Melissa A. Rogers, in regard to the above-captioned action. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. Dated: Z U By Jeffrey B. Rettigquire Supreme Ct. I.D. %16 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Michael J. Olley, Esquire Coffey & Kaye Suite 718, Two Bala Plaza Bala Cynwyd, PA 19004 (Counsel for Plaintiffs) Dated: a?d?q 1-b-3 By: HARTMAN, OSBORNE & RETTIG, P.C. Z L J '_,, -73 57> C: . `.+? CHARLES O. FREEBY and DONNA M. FREEBY, h/w, Plaintiffs V. JAMES A. ROGERS and MELISSA A. ROGERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-311 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Charles O. Freeby and Donna M. Freeby, Plaintiffs c/o Michael J. Olley, Esquire Coffey & Kaye Suite 718, Two Bala Plaza Bala Cynwyd, PA 19004 (Counsel for Plaintiffs) You are hereby notified to file a written response to the enclosed Defendants' Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. ?ffrey B. Rettig, E-E-4 Supreme Ct. #19610 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: Attorney for Defendants CHARLES O. FREEBY and DONNA M. FREEBY, h/w, Plaintiffs V. JAMES A. ROGERS and MELISSA A. ROGERS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-311 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW come the Defendants by their attorneys, Hartman, Osborne & Rettig, P.C., and answers Plaintiffs' Complaint as follows: 1. It is admitted that the Plaintiffs are who they say they are. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 2. Denied. It is denied that the Defendants are husband and wife. To the contrary, Melissa Rogers is the daughter of James Rogers. It is denied that either Defendant resides at the addresses as alleged. 3. Denied. Without identifying the alleged agents, servants, workmen and/or employees, Defendants are unable to respond to this allegation. However, it is specifically denied that either Defendant was acting as the agent, servant, workman and/or employee of the other. 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted that both vehicles entered into the intersection and that an accident ensued. It is denied that the Defendants' entered the intersection in disregard of a stop sign. 7. Denied as stated. The allegations of negligence and carelessness are denied pursuant to Pa.R.C.P. 1029. It is further denied that the Defendants' entered the intersection without obeying the stop sign. It is admitted that a collision occurred between the Plaintiffs' vehicle and the Defendants' vehicle. As to the balance of the allegations in this paragraph regarding Plaintiffs' alleged injuries, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 8. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 9. These allegations are denied pursuant to Pa.R.C.P. 1029. 10. These allegations are denied pursuant to Pa.R.C.P. 1029. 11. The foregoing answers are incorporated herein by reference thereto. 2 FIRST CAUSE OF ACTION DONNA FREEBY V. JAMES A. ROGERS AND MELISSA A. ROGERS 12-18. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. SECOND CAUSE OF ACTION CHARLES O. FREEBY V. JAMES A. ROGERS AND MELISSA A. ROGERS 19. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendants requests that Count I and II of Plaintiffs' Complaint be dismissed without cost to them. NEW MATTER 20. Plaintiffs' claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 21. If Plaintiff is subject to the limited tort option, then her claim for non- economic damages is barred. 22. Plaintiff has or may have failed to mitigate her damages. WHEREFORE, Defendants' request that Plaintiffs' Complaint be dismissed without cost to them. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, Es ire Supreme Ct. I.D. #I 616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants 4 VERIFICATION I, James A. Rogers, hereby verify and state that the facts set forth in the foregoing DEFENDANTS' ANSWERTO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom verification to authorities. ?? Dated:-3-%'- VERIFICATION I, Melissa A. Rogers, hereby verify and state that the facts set forth in the foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated:, "L`_C Melissa A. Rogers CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Michael J. Olley, Esquire Coffey & Kaye Suite 718, Two Bala Plaza Bala Cynwyd, PA 19004 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. Dated: By: C?_ GJ -?? 1 ?. i _, _ " s?`,? .* - . _,_, t ` ?% C, _t,? t ?+.) _ .. : -- ? O CHARLES O. FREEBY and DONNA M. FREEBY, h/w, Plaintiffs V. JAMES A. ROGERS and MELISSA A. ROGERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-311 CIVIL ACTION - LAW JURY TRIAL DEMANDED DISCONTINUANCE PURSUANT TO PA.RC.P. 229(b) TO: PROTHONOTARY Please enter a Discontinuance as to all claims against Defendant, James A. Rogers pursuant to Pa.R.C.P. 229(b) as all parties have consented to said discontinuance. A copy of the Stipulation to Discontinue is attached hereto marked Exhibit "A". Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: ? *.1I 'jeffrey B. Rettig, qu / ' reme Ct. # 196'16 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated:j 7/63 Attorney for Defendants EXHIBIT "A" 03/04/2003 12:40 6106673352 CHARLES O. FREEBY and DONNA M. FREEBY, h/w, Plaintiffs V. JAMES A. ROGERS and MELISSA A ROGERS, Defendants COFFEY KAYE IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO.03-311 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PAGE 03/03 STIPULATION TO DISCONTINUE AND NOW come the Plaintiffs by their attorneys, Michael Olley, Esquire and ffey & Kaye and the Defendants, by their attorneys, Jeffrey B. Rettig and .Hartman, Osborne & R g, P.C., and stipulate to discontinue all claims against Defendant, James Roger pursuant to Rule of th the Pennsylvania Rules of Civil Procedure. All parties have consented to the discontinu a of all J Esquire claims James Rogers. CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this clay serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Michael J. Olley, Esquire Coffey & Kaye Suite 718, Two Bala Plaza Bala Cynwyd, PA 19004 (Counsel for Plaintiffs) Dated: By: HARTMAN, OSBORNE & RETTIG, P.C. ? s ui _ i.. -- ? ? ?''^ ? C N ? ? ? t " ( N O r -?? ? ??7 COFFEY & KAYE BY: MICHAEL J. OLLEY, ESQUIRE Identification No. 56118 Two Bala Plaza, Suite 718 Bala Cynwyd, PA 19004 (610) 668-9800 - Telephone (610) 667-3352 - Telecopier Attorneys for: Plaintiff(s) CHARLES O. FREEBY and IN THE COURT OF COMMON PLEAS DONNA M. FREEBY, h/w CUMBERLAND COUNTY, Plaintiffs Pennsylvania VS. No. 03-311 Civil Term JAMES A. ROGERS and CIVIL ACTION - LAW MELISSA A. ROGERS, h/w Defendants JURY TRIAL, DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANTS' NEW MATTER Plaintiffs, Charles Freeby and Donna Freeby, by their attorneys Coffey and Kaye, hereby respond to defendants' New Matter as follows: 20. Denied. The allegations contained within this paragraph constitute conclusions of law to which no response is required and therefore, the same are specifically denied and strict proof thereof is demanded at the time of trial. 21. Denied. The allegations contained within this paragraph constitute conclusions of law to which no response is required and therefore, the same are specifically denied and strict proof thereof is demanded at the time of trial. 22. Denied. It is specifically denied that plaintiff has failed to mitigate her damages and strict proof thereof is demanded at the time of trial. WHEREFORE, plaintiffs respectfully request that defendants' New Matter be stricken and that judgment be entered in their favor together with costs. Respectfully submitr_ed, COFFEY & KAYE BY: CERTIFICATE OF SERVICE MICHAEL J. OLLEY, ESQUIRE, counsel for plaintiff, being duly sworn according to law, hereby certifies that on March 18, 2003, he served by U.S. First Class Mail, postage pre-paid, the attached Plaintiffs' Response to Defendants' New Matter to the following: Jeffrey B. Rettig, Esquire HARTMAN, OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 COFFEY & KAYE BY: MICHAEL J. O Atty. I.D. #5611 Two Bala Plazaite 71 Bala Cynwyd, PA 19004 (610) 668-9800/(610)667-3352(fax) Attorney for Plaintiff(s) DATED: March 18, 2003 VERIFICATION I, MICHAEL J. OLLEY, ESQUIRE, says that he is counsel for plaintiff in the foregoing Plaintiffs' Response to Defendants' New Matter, and that the facts set forth therein are true and correct, to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. MICHAEL J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FREEBY Vs. NO. 03311 ROGERS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/03/03 JEFFREY B RETTIG, ESQUIRE 126-128 WALNUT ST HARRISBURG, PA 17101 717-232-3046 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 File #: R297068 By: Susan Tyre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FREEBY Vs. ROGERS TO: MICHAEL OLLEY No. 03311 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 03/13/03 JEFFREY B RETTIG, ESQUIRE 126-128 WALNUT ST HARRISBURG, PA 17101 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc (s) : Copy of subpoena (s) Counsel return card File #: R297068 ry-A NWWLTH OF PEMMVANIA COUM OF (2'?M FREEBY Vs. , ROGERS 03311 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 REHAB MEDICINE ASSOCS, 5124 E TRINDLE RD, MECHANICSBURG PA 17055 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o trE, - - at pry- -- - MEDICAL LEGAL REPRODUCTION .(A ress You may deliver or mail legible copies of the documents or produce things requested t:; this subpoena, together with the certificate of ccnpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thi, subpoena may seek a court orde.- a-m pe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ ADDRESS :- 196-12R WALNUT ST 17101 TELEPHONE: SUPREW- OOURT I D # 215-335-3212 ATTORNEY FOR : 19 616 DEFENDANT BY THE COURT t R297068-01 0 31 / t/ 0 3 Prothgnotary/C 1 lc , Ci v i Division DATE: Seal of the Court Deputy (Eff. 1/9T) ADDENDUM TO SUBPOENA FREEBY Vs. No. 03311 ROGERS CUSTODIAN OF RECORDS FOR : REHAB MEDICINE ASSOCS ANY AND ALL RECORDS FROM 1/1/02 TO THE PRESENT. PERTAINING TO: NAME: DONNA M FREEBY ADDRESS: 237 S WASHINGTON ST MECHANCISBURG PA DATE OF BIRTH: 10/21/61 SSAN: 177546943 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or REHAB MEDICINE ASSOCS R297068-01 * * * SIGN AND RETURN THIS PAGE ?- ?? - O - -, ?:: n:, ; , ._ _ _ ?, .. , , .;: _,.. . _. . ?" n . ? ? .. _, =+ x=- r en -? CHARLES 0. FREEBY & DONNA M. FREEBY, h/w ; vs. JAMES A. ROGERS & MELISSA A. ROGERS , counsel for the plaintiffIdt a dWin the above action (or actions), RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT. Michael J. Olley respectfully represents that: 1. The above-captioned action Q6k'Alt%W is at issue. 2. The claim of the plaintiff in the action is $ 25,000.00 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as "counsel or are otherwise disqualified to sit as arbitrators: Michael J. Olley, Esquire; Jeffrey B. Rettig, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respec(fully ub 'tt AND NOW, '?f?" _ foregoing petition, /4_? f &W444-) Esq., and ?/- ZP.O IF1R41G actions) as prayed for. ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-311 CIVIL x-Zr^81t` ,4?3-2!d in consideration of the Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Co P.J. ? ? N ?^ ?' ? ??i ?? `? 1 1 ?' d ? T: ^? ? `? ? ?U ^V ? ? ? _ -? - ? ?7 ?i W ?1 O U'? __ ? I;. LJ .4::I !' "?' 1' t nF ji?.7 rtl?? z; :?, ,.: ,? ? i1 -.: iV C?? i _; CHARLES O. FREEBY and DONNA M. FREEBY, Husband and Wife V. JAMES A. ROGERS and MELISSA A. ROGERS IN RE: ARBITRATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-311 CIVIL TERM ORDER OF COURT[ AND NOW, March 22, 2004, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Leslie Fields, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. /,Ceslie Fields, Esquire Chairman ,Thomas Flower, Esquire ,Fred Hait, Esquire Court Administrator By the Court, Gebrc MEoMerl. o3-2z-o i f. I i IJ Iii I'l -1 C.G (`.. ,c l'Y: !Y? ul Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberlanb Cnuntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 3 - 3# CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573