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HomeMy WebLinkAbout03-0475 F:\FI LES\DA T AFILE\Gendoc.arc\GENDOC02\ [0624-com. I Created ]/29/030:6: [0 PM Revised: 1/29/030:9:00 PM v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- tit) CIVIL ACTION - LAW JAMES A. STANDISH, Plaintiff DANIEL J. BOWERS, III, Defendant JURY OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections 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 Plaintiffs. 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Date: January 29,2003 Attorneys for Plaintiff F\FILES\DA T AFILE\Gendoc,arc\GENDOC02\ I 0624-com. I/drg Created: 10/11/0203:20:22 PM Revised 01/28/03 02: 16:39 PM 10624] JAMES A. STANDISH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO.2003- ;f1S CNILACTION - LAW DANIEL J. BOWERS, III, Defendant JURY OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff James A. Standish by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and avers as follows: I. Plaintiff James A. Standish is an adult individual with a mailing address of 5 Rapidan Road, Orange County, Locust Grove, Virginia 22508-2026. 2. Defendant Daniel J. Bowers, III is an adult individual residing at 2440 Sunningdale Drive, Tustin, Orange County, California 92782-0926. 3. On April 19, 2002, at about 7:18 a.m., a 2002 grey Ford with Pennsylvania registration plates DYM6330 and operated by Defendant collided with Plaintiff, a pedestrian, knocking Plaintiff to the ground and rolling him under Defendant's vehicle. 4. This collision occurred in a parking lot at the Carlisle Fairgrounds, Cumberland County, Pennsylvania. 5. This accident occurred as a result of Defendant's negligence and was due in no manner to any act, or failure to act, on part of Plaintiff. 6. Defendant's negligence consisted of the following: a. failing to properly operate and control his motor vehicle; b. failing to keep alert and maintain a proper lookout for the presence of pedestrians; c. operating his vehicle in careless disregard for the safety of others and Plaintiff and d. failing to observe the presence of Plaintiff when Defendant knew or should have known ofthe presence of Plaintiff. 7. As a result of Defendant's negligence, Plaintiff sustained serious bodily injury as described, in part, as follows: a. Compression fractures at 11 and L3; b. Burst fracture at L4; c. Severe strain and sprain of the muscles, tendons and ligaments and other connective tissues at or about the lumbar/sacral spine; d. Severe strain and sprain of the muscles, tendons and ligaments and other connective tissues at or about the right knee; e. Severe strain and sprain of the muscles, tendons and ligaments and other connective tissues at or about the left wrist; f. Severe strain and sprain of the muscles, tendons and ligaments and other connective tissues at or about the right elbow; g. Angulation ofthe anterior lateral aspect ofthe right 6th rib; h. shock to the nerves and nervous system; and 1. mental and physical anguish. 8. As a direct and proximate result of Defendant's negligence, carelessness and recklessness, Plaintiff suffered injuries and damages which include, but are not limited to, the following: a. past, present and future pain and suffering; b. loss of life's pleasures; b. loss of income; c. loss of earning capacity; and d. medical expenses. WHEREFORE, Plaintiff James A. Standish hereby demands judgment in his favor against Defendant for damages in excess of the mandatory arbitration limits, plus costs. Respectfully submitted. MARTS ON DEARDORFF WILLIAMS & OTTO (~A? fl.' . /7) . .r By George B. Faller, Jr. Attorney J.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: ~Cs ~ G1 0003 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\DA T AFILE\Gendoc.arc\GENDOC02\! 0624-com.l :A) D .:tl::. ~ v> '-.... ...c. '-- - ~ vj ()<J ~ V) Vj VI C) ~ ~ 71 (::) c> i..-~;., s:: '. -r.J~ ~:l: i c.n.- r~: C , 'C q @ .:') .-c;-. ~,....) (:-.. -'n c... :c: ~ :.J -(~ ~ j r~ ~ I "~.-\ r. :.. (Jl fE' ~.~ I VE, IJAN 2 1 2003 . It n\I\I' F:\FILESIDA T AFILElGendoc.cur\1 0624-1. pral/ajt Created: 1/29103 0:6: 10 PM Revised: 2/21/03 9:13:54 AM 10624.1 JAMES A. STANDISH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- 475 CIVIL ACTION - LAW DANIEL J. BOWERS, III, Defendant JURY OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the attached Complaint and return to counsel for service. Respectfully submitted MARTSON DEARDORFF WILLIAMS & OTTO -. (2, ~~ By Anthony T. Luc:ido, Esquire Attorney LD. No. 76583 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 21,2003 o c -v% rn.'-::, ?: L.-- u"} ~\: ':::,r":- .--' ~ (.-;:J <:"0 ..., rt1 1:::; c> -1'1 1"" ':? .'\.) .) :;:) :IJ -< F: IFILESIDA T AFILElGendoc.curl 1 0624-1. pra2 Created: 3/3/03 3:0:42 PM Revised: 3/3/03 3:9:27 PM 10624.1 JAMES A. STANDISH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-475 CIVIL ACTION - LAW DANIEL J. BOWERS, ill, Defendant JURY OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYL VANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Mr. Daniel Bowers, ill, on February 21,2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated February 24,2003. MARTSON DEARDORFF WILLIAMS & OTTO By ~ (!::> George B. Faller, Jr., Esquire I. D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: March 3, 2003 Attorneys for Plaintiff If"' If"' ru If"' ru ..JJ 0:0 U1 Postage Certified Fee ..JJ C C C Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (E.ldorsement Required) C ..=l U1 ru Total Postage & Fees .toO J..30 /.75' 3..')- 0 $ g ,/ .5' Sent To Mr. Daniel J. Bower~, ~_!!_____._____._______. ~ -~:;~;::Xt:~~o';-7i5'o--E-~~-t"M~~~i~~i~~~ Way C . CIiY, 'sitii8:Z(P+4" -..... - -- -.. - - -. -- --...... - -.. -- --" -. -...... -. - -. -... -... - - - - --. - - -. --- ~ Orange, CA 92869-4538 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Uaniel J. Bowers, III 7350 East Norninglory Way Ora~ge, CA 92869-4538 2. Article Number (rransf8r from service label) PS Form 3811, August 2001 D. Is del" .from item 17 If YES, enter delivery ad~, below: , .'--"A."";~'H: ~ ~ J. c- ..\ a. '/., f," Yes 7001 2510 crn06 5862 9299 1 02595-()2.t,4.1 035 Domestic Return Receipt (") c: -vet:; rnr1 ~:;t /-..C (f~ r:; ~ Z'('C' $c::.. r ~ -( o W :J: "'"~ ;;<J o -n '"r\ ;::~ .~j ~~:j ~ -'"',,... .:c) ,..: -'~l '.'''''' -.,;~~~ \) -l .'r-..';' \.0 :..:> r..:> ~~ JAMES A. STANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. DOCKET NO: 475 CV 2003 DANIEL J. BOWERS, III Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendant, Daniel J. Bowers, III, in the above-captioned action. Respectfully submitted, MARSHALL & HADDICK, P.c. Date: March 26, 2003 (' ~\ ->.' Charles E. Ha~ick, Jr., Esquire Attorney I.D. No: 55666 Jason P. McNicholl, Esquire Attorney I.D. No: 89062 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, thiS1.1:ti!YOf N\..~ 2003, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Carlisle, PA 17013 c_~ .' Charle; E. dick, Jr., Esquire (") c: s: --OeD fTlp'i """'?" ~'''i' .,t;,_~.... ~~~; r::. ,---. ,r.-""'-"" -j;: ~- :z.~...;' ~<,j c -7 .?- =2 " . ... Cl 0 W -n :r. ...1 ):.J1I -<f". :;0 c::= r" OJ -0 :;;: '.f! ,:::> ...J JAMES A. STANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO: 475 CV 2003 v. DANIEL J. BOWERS, III Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: James A. Standish c/o George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER OF DEFENDANT, DANIEL J. BOWERS III, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, MARSHALL & HADDICK, P.c. Date: ~ t. CS b. (:)~ \ ~ Charles E. Ha dic ,Jr., Esquire Attorney I.D. No: 55666 Jason P. McNicholl, Esquire Attorney I.D. No: 89062 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 Attorney for Defendant JAMES A. STANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO: 475 CV 2003 v. DANIEL J. BOWERS, III Defendant CIVI L ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Daniel J. Bowers, III, by and through his counsel, Marshall & Haddick, P.C, by Charles E. Haddick, Jr., Esquire, and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Denied as stated. Answering Defendant no longer resides at the address set forth in paragraph 2 of Plaintiff's Complaint. Answering Defendant resides at 7350 E. Morninglory, Orange, CA 92869. 3. Denied as stated. It is admitted that 011 April 19, 2002, Answering Defendant operated a gray Ford with Pennsylvania registration plates DYM6330. Answering Defendant specifically and unequivocally denies that he was negligent or careless in any way and strict proof of said negligence is hereby demanded at the time of tri al. 4. Denied as stated. The incident occurred near a vender's stall of the Carlisle Fairgrounds, which is not a parking lot. By way of further response, Answering Defendant specifically and unequivocally denies that he was negligent or careless in any way and strict proof of said negligence is hereby demanded at the time of trial. 5-8. Paragraphs 6 through 8, and their sub-parts, are denied as conclusions of law to which no response is required. To the extent that .a response is deemed required, the allegations contained in these paragraphs are denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff. NEW MATTER 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. All averments not specifically admitted above are specifically and unequivocally denied with strict proof demanded at the time of trial. 11. At all times material hereto, Answering Defendant acted reasonably, properly, and prudently. 12. Plaintiff's claims are barred and/or limited by the doctrines of comparative and/or contributory negligence. 13. Plaintiff's claims are barred and/or limited by the doctrine of assumption of the risk. 14. Plaintiff's injuries, which are specifically denied with strict proof demanded, were the result of acts or omissions of persons over whom Answering Defendant had no control or right of control. 15. Plaintiff's injuries, which are specifica~ly denied with strict proof demanded, were caused in whole or in part by persons other than Answering Defendant, over whom Answering Defendant had no control or right of control. Such conduct precludes and/or limits any liability on the part of Answering Defendant, which is specifically and unequivocally denied. 16. Plaintiff's claims are barred and/or limited by the applicable statutes of limitations. 17. All defenses are raised and preserved under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~ 1701 et seq. 18. Plaintiff's recovery, if any, is limited by his selection of the limited tort option. 19. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 20. No conduct on the part of Answering Defendant was the proximate cause of Plaintiff's injuries, if any. 21. At no time material hereto did Answering Defendant know or believe that operation of the vehicle caused a hazard to any other motorists. 22. Answering Defendant proceeded in a reasonable, safe, careful and prudent manner at all times relevant hereto. WHEREFORE, Defendant, Daniel J. Bowers III, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and grant judgment in his favor with all allowable costs and attorneys' fees. Respectfully submitted, MARSHALL & HADDICK, P.c. Date: '-{, ~o\ 6 ~ \ ---. Charles E. Haddl ,Jr., Esquire Attorney 1.0. No: 55666 Jason P. McNicholl, Esquire Attorney 1.0. No: 89062 20 South 36th StrE~et Camp Hill, PA 17011 (717) 731-4800 Attorney for Defendant ~,. I",.,..:~_, ""'" (",..,..,... ~;"J' ':"\ i"'i i.....-'\.~-"..-:-\ r..; <, --" ., , !" , '1\.\ \ r-~ ':~, ; ".. ~ ~: ': ~ ':: i ~ 1 '~, It '. I \'" ; ,. " ,. ,....'. ~"',\ \ . ;.....~.,........,_ 1\, , '. , ' \ C'(l,. :""', \"'.. '.-~ " - (; "";;: ''''': : ~, ~~,:~.I'l':~ f:-,. (~. /'~,.'" I r., ,. L /, . ! l ~ , " VERIFICATION '~..., ~ .,' \, Daniel J. Bowers, 11\, hereby verify that the averments set forth in the Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. Fl19 " CERTIFICATE OF SERVICE AND NOW, this ~~ day of April, 2003, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer with New Matter upon all counsel of record by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Carlisle, PA 17013 ~ LlL- .~ Charles E. ~~ Jr., Esquire " 4 ("') ~;; .;:~.- -oi:.u fllfY1 ~::J] ?":-l=.~" (f) -< r- js; ?- _.~ -<. (-, -' c....) o II :-;:1.. ~ -n 11 i:;'::':: :::t: :..< I '"'0 \C) JAMES A. STANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO: 475 CV 2003 v. DANIEL J. BOWERS, '" Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: James A. Standish c/o George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER OF DEFENDANT, DANIEL J. BOWERS III, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, MARSHALL & HADDICK, P.c. Date: ~.. %b. O~ cCS &, Jr., Esquire Attorney 1.0. No: 55666 Jason P. McNicholl, Esquire Attorney 1.0. No: 89062 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 Attorney for Defendant \ ~ JAMES A. STANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO: 475 CV 2003 v. DANIEL J. BOWERS, III Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Daniel J. Bowers, III, by and through his counsel, Marshall & Haddick, P.c., by Charles E. Haddick, Jr., Esquire, and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Denied as stated. Answering Defendant no longer resides at the address set forth in paragraph 2 of Plaintiff's Complaint. Answering Defendant resides at 7350 E. Morninglory, Orange, CA 92869. 3. Denied as stated. It is admitted that on April 19, 2002, Answering Defendant operated a gray Ford with Pennsylvania registration plates DYM6330. Answering Defendant specifically and unequivocally denies that he was negligent or careless in any way and strict proof of said negligence is hereby demanded at the time of tri a I. 4. Denied as stated. The incident occurred near a vender's stall of the Carlisle Fairgrounds, which is not a parking lot. By way of further response, Answering Defendant specifically and unequivocally denies that he was negligent or careless in any way and strict proof of said negligence is hereby demanded at the time of trial. 5-8. Paragraphs 6 through 8, and their sub-parts, are denied as conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations contained in these paragraphs are denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff. NEW MATTER 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. All averments not specifically admitted above are specifically and unequivocally denied with strict proof demanded at the time of trial. 11. At all times material hereto, Answering Defendant acted reasonably, properly, and prudently. 12. Plaintiff's claims are barred and/or limited by the doctrines of comparative and/or contributory negligence. 13. Plaintiff's claims are barred and/or limited by the doctrine of assumption of the risk. 14. Plaintiff's injuries, which are specificaily denied with strict proof demanded, were the result of acts or omissions of persons over whom Answering Defendant had no control or right of control. 15. Plaintiff's injuries, which are specifically denied with strict proof demanded, were caused in whole or in part by persons other than Answering Defendant, over whom Answering Defendant had no control or right of control. Such conduct precludes and/or limits any liability on the part of Answering Defendant, which is specifically and unequivocally denied. 16. Plaintiff's claims are barred and/or limited by the applicable statutes of limitations. 17. All defenses are raised and preserved under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 91701 et seq. 18. Plaintiff's recovery, if any, is limited by his selection of the limited tort option. 19. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 20. No conduct on the part of Answering Defendant was the proximate cause of Plaintiff's injuries, if any. 21. At no time material hereto did Answering Defendant know or believe that operation of the vehicle caused a hazard to any other motorists. 22. Answering Defendant proceeded in a reasonable, safe, careful and prudent manner at all times relevant hereto. WHEREFORE, Defendant, Daniel J. Bowers III, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and grant judgment in his favor with all allowable costs and attorneys I fees. Respectfully submitted, MARSHALL & HADDICK, P.e. Date: '-{,1>D, 6~ \ ~ Charles E. Haddl , Jr., Esquire Attorney 1.0. No: 55666 Jason P. McNicholl, Esquire Attorney 1.0. No: 89062 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 Attorney for Defendant r.eo;, r....""'~ /"~ r:---' ~'1 \"1,::1 i"i ;;X ~: .. L..:i>_.' -1--' ~~... .a ......-.~ .."'" " , . .\ n .. I . " .... .;' r;~ 0 t:: .... j l(: ."j ,.~. \1'-1) :' .' 1'~:. "i " 11' ~,J,.;, ,~:~ \ \ \' , VERIFICATION ~"' ' I, Daniel J. Bowers, III, hereby verify that the averments set forth in the Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. ~4904, relating to unsworn falsification to authorities. Fl19 ~ CERll FICA lE OF SERVICE AND NOW, this '31~ day of April, 2003, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer with New Matter upon all counsel of record by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Carlisle, PA 17013 C~E. ~ Jr., Esquire .~ , .. (') r;; <: l:Ji:.i'i nl CTi ~: :-J.1 ze CI; - -< r-- ~~': -?' L~ --j -, (::-j Cf''':'~ o ,1 :~ . :'.c I N \(:) JAMES A. Sl ANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. DOCKET NO: 475 CV 2003 DANIEL J. BOWERS, III Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: James A. Standish do George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Car/isle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MA ITER OF DEFENDANT, DANIEL J. BOWERS III, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST you. Respectfully submitted, MARSHALL & HADDICK, P.e. Date: ~ S-.D~ I ~~dICk' Jr., Esquire Attorney I.D. No: 55666 Jason P. McNicholl, Esquire Attorney 1.0. No: 89062 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 Attorney for Defendant ~ JAMES A. STANDISH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. DOCKET NO: 475 CV 2003 DANIEL J. BOWERS, III Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MA ITER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Daniel J. Bowers, III, by and through his counsel, Marshall & Haddick, P.c., by Charles E. Haddick, Jr., Esquire, and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Denied as stated. Answering Defendant no longer resides at the address set forth In paragraph 2 of Plaintiff's Complaint. Answering Defendant resides at 7350 E. Morninglory, Orange, CA 92869. 3. Denied as stated. It is admitted that on April 19, 2002, Answering Defendant Operated a gray Ford with Pennsylvania registration plates DYM6330. Answering Defendant specifically and unequivocally denies Ihat he was negligent or careless in any way and strict proof of said negligence is hereby demanded at the time of trial. 1 4. Denied as stated. The incident OCcurred near a vender's stall of the Carlisle Fairgrounds, which is not a parking Jot. By way of further response, Answering Defendant specifically and unequivocally denies that he was negligent or careless in any way and strict proof of said negligence is hereby demanded at the time of trial. 5-8. Paragraphs 6 through 8, and their sub-parts, are denied as conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations contained in these paragraphs are denied in accordance with Pa. R.c.p. 1029(e). WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff. NEW MATTER 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. All averments not specifically admitted above are specifically and unequivocally denied with strict proof demanded at the time of trial. 11. At all times material hereto, Answering Defendant acted reasonably, proper/y, and prudently. 12. Plaintiff's claims are barred and/or limited by the doctrines of comparative and/or contributory negligence. 13. Plaintiff's claims are barred and/or limited by the doctrine of assumption of the risk. 2 14. Plaintiff's injuries, which are specifically denied with strict proof demanded, were the result of acts or omissions of persons over whom Answering Defendant had no control or right of control. 15. Plaintiff's injuries, which are specifically denied with strict proof demanded, were caused in whole or in part by persons other than Answering Defendant, over whom Answering Defendant had no control or right of control. Such conduct precludes and/or limits any liability on the part of Answering Defendant, which is specifically and unequivocally denied. 16. Plaintiff's claims are barred and/or limited by the applicable statutes of limitations. 17. All defenses are raised and preserved under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~ 1701 et seq. 18. Plaintiff's recovery, if any, is limited by his selection of the limited tort option. 19. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 20. No conduct on the part of Answering Defendant was the proximate cause of Plaintiff's injuries, if any. 21. At no time material hereto did Answering Defendant know or believe that operation of the vehicle caused a hazard to any other motorists. 3 " 22. Answering Defendant proceeded in a reasonable, safe, careful and prudent manner at all times relevant hereto. WHEREFORE, Defendant, Daniel J. Bowers III, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and grant judgment in his favor with all allowable costs and attorneys' fees. Respectfully submitted, MARSHALL & HADDICK, P.e. Date: May 5, 2003 ~"- cha . Ha ~ k, Jr., Esquire Attorney LD. No: 55666 Jason P. McNicholl, Esquire Attorney 1.0. No: 89062 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 Attorney for Defendant 4 CERTIFICATE OF SERVICE AND NOW, this 5th day of May, 2003, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer with New Matter upon all counsel of record by depositing, or causing to be deposited, same in the u.s. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High street Carlisle, PA 17013 of ick, Jr., Esquire ,. i , -, \..' '. n..; . ~. -~ ~-_. .~- ~~c r <.0 . r~C .., / ~:~~' ~~ -< , o ~ C." ,- w o -n _ :.1 j::n r- ..~c:3 ~ -":a ':;...,a ..< I _J ~, -. 1+"'~ "-.." -;"', .., ("j ;..=rn ':.0 -< (.,) ::> ;- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs. BOWERS NO. 03475 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 CHARLES HADDICK, 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: 12/11/03 CHARLES HADDICK, ESQUIRE 20 S 36TH ST CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) File #: M305511 By: Sandra Venziale IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs. BOWERS No. 03475 TO: GEORGE FALLER JR, ESQ (PLAINTIFF) 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: 11/17/03 CHARLES HADDICK, ESQUIRE 20 S 36TH ST CAMP HILL, FA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO, MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Sandra Venziale Enc(s): Copy of subpoena(s) Counsel return card File #: M305511 ~TH OF PmNsYLVANIA CXJUNl'Y OF aJMBEmAND . STANDISH Va. Fi 1e No. OJ - '-175 4752003 , ~ ~ BOWERS SUBPOENA TO PROClUCE OOCl.tENTS OR Tl-l1 NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 CARLISLE HOSP, 246 PARKER ST, CARLISLE PA 17013 TO: ___....MTN: MEDICAL RECORDS DEPT (N/JTle of Person or Ent.ity) Within twenty (20) days after service of this subpoena, you are ordered by the COL;rt to produce the following docunent!l orSF!itn~TTACIfEI) ADDENDUM ____ at MEDICAL LEGAL REPRODtJCTIONS(AJ.j~!lsf940 DISSTON ST. I PH~LA. I -px------ You may deliver or mail legible copies of the docunents or produce things request.ed h, this subpoena, together with the certificate of carpliance, tothepartymakingthi, request at the address listed above. You have the right to seek in advance the reasonahlf cost of preparing the COPies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thh subpoena may seek a court arde,- cx:rrpel1 ing you to COTp1y with it. 1H I S SUBPOENA WAS NAM:: ADORESS : I SSUED AT THE REQUEST OF THE FOLLCIN I NG PERSON: CHARLES E HADDICK, ESQ 20 Ii;; 4aTHST CAM~ HiLL, ~A 17011 TELEPHONE: 5U>RE/'E CXlURT I 0 # ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: _ // -1'1-".:r Seal of the Court BY THE CXJURT: t:.Af;.1I #. ~ Prothonotary /e 1 ark, e' i1 r 1fu~j,~ -----~ Division M305511-01 Deputy (Eft. 1/97) ADDENDUM TO SUBPOENA STANDISH Vs. BOWERS No. 47!;2003 CUSTODIAN OF RECORDS FOR: CARLISLE HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of illy knowledge, information and belief all documents or things abovementioned 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 X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for CARLISLE HOSP CUMBERLAND M305511-01 *** SIGN AND RETURN THIS PAGE *** <XHDNWEI\LTH OF PENNSYLVANIA axJNl'Y OF c:uMl3EmAND ., STANDISH D:1-- 'f 1S/ ~ ~ VS, Fi Ie No. 4752003 BOWERS SUBPOENA TO PROCllX:E DClCI.t'ENTS OR TH I NGS FOR 0 I srovERY PURSUANT TO RULE 4009. 22 CUMBERLAND GOODWILL FIRE, 102 W RIDGE RD BOX 496, CARLISLE PA 17013 TO: ATTN: CUSTODIAN OF RECORDS (NlITIe of Person or Ent it},) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentl'l ors~n~TTACHEf) ADDENDUM at MEDICAL LBGAL RBPROD'D'CTIONStAcJ.j.~~s'940 DISSTON ST., PHILA., -px------- You may deliver or mail legible capies of the docunents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, request at the address 1 isted llbove. You have the right to seek in advance the reasonab IE cost of preparing the capies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thh subpoena may seek a court orde'- ccrrpelling you to carply with it. TH I S SUBPOENA WAS NAl'E : ADDRESS : I ssueo AT THE REQUEST OF THE FOLLON I NG PERSON: CHARLES E HADDICK, ESQ 2 Oi J,,~""u 9"" TELF.PHONE: SU'REJoE <nA'lT 10#__215-335-3212 ATTORNEY FOR: LAM~ nILL, PA 17011 DEFENDANT DATE: I(I'~ ~ f S al f the Court BY THE COURT: C:;'A CA I( ~~_ Prothonotary Ie 1 erk , v i1 M305511-02 Division ,.0:. ~~ Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA STANDISH Vs. BOWERS No. 4752003 CUSTODIAN OF RECORDS FOR: CUMBERLAND GOODWILL FIRE ANY AND ALL RECORDS. PERTAINING TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 CERTIFIED PHOTOCOPffiS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certiEy as custodian oE 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 X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for CUMBERLAND GOODWILL FIRE CUMBERLAND M305511-02 * * * SIGN AND RETURN THIS PAGE * * * COfoMJNWEALTH OF PENNSYLVANIA CXXINl'Y OF aJMBEmAND Fi le No. - ' 03- ~7~ ~ ~ STANDISH Vs. 4752003 BOWERS TO: SUBPOENA TO PROl:llX:E OOClt1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ALLAN MIRA, 220 WILSON ST STE 206, CARLISLE PA 17013 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doctment", orsmtn~TTACBED ADDENI>UM at MEDICAL LBGAL RBPROD1J'CTIONS{Acf.I.~!;s'940 DISSTON ST., PHILA., -px------- You may del iver or mai 1 legible copies of the doct.ments or produce things requested b) this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea",onablE cost of preearing the copies or producing the things sought. I f you fai 1 to produce the docunents or things requir-ed by this subpoena within tlo'enty (20) days after its service, the party serving thi:;~,ubpoena may seek a court orde" ccrrpell;ng you to carply with it. -fH I S SUBPOENA WAS NA/'E : ADDRESS : I SSUEO AT THE REQUEST OF THE FOLLCYlI NG PERSON: CHARLES E HADDICK, ESQ 20 S J6TE 'iJ'T' TELF.PI-ONE: SlPREI'E COlJlT 'D# ATTORNEY FOR: ~~ rtLLL, ~A 17011 215-335-3212 DEFENDANT DATE: //-1"1 -0.1 Sea 1 of the Court BY THE COURT: (/"r.;;(u, R_ ~~_-'___~ Prothonotary/Clerk, Civi 1 vis.ion M305511-03 __~ 7rh~k ~ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA STANDISH Vs. BOWERS No. 47S2003 CUSTODIAN OF RECORDS FOR: DR ALLAN MIRA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 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 X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed signature for DR ALLAN MIRA CUMBERLAND M305511-03 *** SIGN AND RETURN THIS PAGE *** b:MoIJNWEALTH OF PENNSYLVANIA CXlUNl'Y OF aJMBEmAND STANDISH 0:1- 4175' C"~~ ~ VS. Fi Ie No. 4752003 BOWERS TO: SUBPOENA TO PRODUCE lXX:LtENTS OR TH I NGS FOR DISO)VERY PURSUANT TO RULE 4009.22 FREDERICKSBURG ORTHO, 3310 FALL HILL AVE, FREDERICKSBURG VA 22405 (N!I1le of Person or Entit),) Within twenty (20) days after service of- this'subpoena, you are ordered by the court to produce the following docunent.. or thing:r: SEE A1TALllliJJ AuDENDUM at -- MEDICAL LEGAL REPRODUCTIONS(A~~!s1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested hi this subpoena, together with the certificate of c:arpliance. to the party making thi, request at the address listed above. You have the right to seek in advance the reasonabl" cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its servke, the party serving thiri ~;ubpoena may seek a court orde;' o:rrpelling you to c:arply with it. TH I S SUBPOENA WAS NAJ'oE : ADDRESS : I SSUED AT THE REQUEST OF THE FOLLCIN I NG PERSON: CHARLES E HADDICK, ESQ 20 S 36TH ST CAMP HILL, ~A 17011 TELEPH:lNE: SU'REI'E CX)IJlT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT M305511-04 BY THE COURT: DATE: I/-/"!_ 0 < Seal of the Court r~LA (( _ A~_______ Prothonotary/Clerk, Civfl Division -j l.~. ~~i" Deputy (Eff. 1/91) ADDENDUM TO SUBPOENA STANDISH Vs. BOWERS No. 47S2003 CUSTODIAN OF RECORDS FOR: FREDERICKSBURG ORTHO ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 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, i.nformation 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 ( ) RECORDS / XRAYS have been destroyed X-RAYS Date Author~zed s~gnature for FREDERICKSBURG ORTHO CUMBERLAND M30S511-04 *** SIGN AND RETURN THIS PAGE *** (") r:" -l'-~. J:- .'-", _..~ -<. ~ = ...., C::l r-:"1 C, o -n -' =!=~ [I'r" -rJ. ~ -~J '1'. (.J, ( ) ~5.~s ;;<',Ir1 ~::-~ \.D -~",. N r-..:. -~. ~ ~ (Q) ~ FIFILESIDA TAFILE\Geneml\Documents\10624-1 .praJ Created: 10124/03 4:04PM Revised 12/23/039:57AM 10624,1 JAMES A. STANDISH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-475 CIVIL ACTION - LAW DANIEL J. BOWERS, III, Defendant JURY OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the attached Complaint and return to counsel for service. Respectfully submitted MARTSON DEARDORFF WILLIAMS & OTTO By ~~~~ George B. Faller, Esquire AttorneyLD, No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 23, 2003 " ,: r--.:> (-'~ t:;,;:) c.... C') r " r-..: o -fi --l ffi 21 ,- :"~~ . '; ~.~.: _;"c( w ." (,) v::.' ,-,~-:j -< F \F1LES\DA T AFILE\GeneraJICurrent\ I 0624- I . cer/jlb Created, l/2!104 9'36AM Revised: 1/2l/04 220PM JAMES A. STANDISH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-475 CIVIL ACTION - LAW DANIEL J. BOWERS, III, Defendant JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE The attached certified mail return receipt card should be filed of record to show that State Farm Insurance was served a copy of the Complaint in this matter as evidenced by the signature on January 13, 2004. MARTS ON DEARDORFF WILLIAMS & OTTO By / George . Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 112//01 Attorneys for Plaintiff . Complete items 1, 2, and 3. Also complete item 4 if Restricted Deilvery is desired. · Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: Sloft f<11/)'l InStll1lf)(.e. p.O. aO)C '1052- Ch4rlolttsvt1l~1 vA 2Z'IO(r9052- O. Is deliVOfy I8SS d_ f!Cm .eiri tI If YES, ontor delivery ~ below, . 3. Service Type J( Certified Mall o Registered o Insured Mail o Express Mall o Return Receipt for Merchandise o C.O.D. 2. Article Number (Transfer from service label) PS Form 3811, August 2001 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 1010 0001 1190 0473 Domestic Return Receipt 102595-o2-M-1035 rn ~ ::r CJ U.S. Postal Service", CERTIFIED MAil", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) CJ IT" H Pos..... . $0.60 i-=.; t::J Restrlcted Delivery Fee M (Endorsement RequIred) CJ H $ $4..65 Total Postage & Fees 4.b'> :.. II c~of[sf;\1 CatoA L. rn CJ CI ~ CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: State Farm Insurance P. O. Box 9052 Charlottesville, VA 22906-9052 Charles E. Haddick, Jr., Esquire DICKIE, MCCAMEY & CHILCOTE, P,C. 20 South 36th Street CampHill,PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO ~U\..9-- Dated: January 21,2004 (') c: ;;::: ~~.....,. r-.,~ ("~-::> c::-:-> .r.- " c_ :....-." ..r.';:" --.{ -1" "-, f',.:; -" ("-,) cn c' F:IFILES\DA T AFlLE\GenerallCurrentl I 0624.lcert lInlm Created: 6/28/04 10:14AM Revised: 6/28/04 10:28AM [0624.[ JAMES A. STANDISH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2003-475 : CIVIL ACTION-LAW DANIEL J. BOWERS, ill, Defendant : JURY TRIAL OF TWELVE DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (I) a notice of intent to serve the subpoena with a copy ofthe subpoena attached thereto was mailed or delivered to each party at least twenty days prior 1:0 the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTSON DEARDORFF WILLIAMS & OTTO By GeOr~le~~r.~ LD. Number 49813 By r2L4L- >. L Christopher E. Rice, Esquire LD. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff .~ ~ (Q) <<:J) F: \FlLES\DA T AFfLElGeneraI\Current\ I 0624-] _not2lnlm Created: 611/04 W:3IAM Revised 6/28/04 IO:19AM 10624.1 JAMES A. STANDISH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2003-475 : CIVIL ACTION-LAW DANIEL J. BOWERS, ill, Defendant : JURY TRIAL OF TWELVE DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no obj ection is made, the subpoena may be served. MARTS ON DEARDORFF WILLIAMS & OTTO By Geor~er~,~~ LD. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: June 7, 2004 CERTIFICATE OF SERVICI~ I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Notice of Intent to Serve Subpoena was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E. Haddick, Jr., Esquire DICKIE, McCAMEY & CHILCOTE 20 South 36th Street Camp Hill, PA 17011 MARTS ON DEARDORFF WILLIAMS & OTTO By ,J(lUtMk l-A ~ Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 7, 2004 COfoMJNWEALTH OF PEW/SYLWINIA 0JUNl'Y OF aJM8ERLAND JAMES A. STANDISH v. Fi Ie, No. DANIEL J. BOWERS, III 2003-475 ~ TO PRQOIX:E !XlClM:NTS OR TH I NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Productions, Inc. (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to prodUce the following documents or things: Any and all information conta~ned in your i tigative file with regard to this inC1<1em: daced Apu.l 19, 2092. security or nves ---- at MARTSON DEARDORFF WILLIAMS & OTTO, Ten East High Street, Carlisle, PA (Address) 17013 You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, 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 fai I (20) days after comPell;~g you to to produce the documents or its service, the party carply with it. things required by this subpoen", within twenty serving this subpoena rray seek a court order TH'S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: NAME: George B. Faller, Jr., Esquir~ ADDRESS: MARTSON DEARDORFF WILLIAMS & OTTO Ten East Hlgh ~~reeL Carl~~A 17nl1 TELEPHONE: (717) 243-3341 SUPREME OOURT 10 # 49813 ATTORNEY FOR: Plaintiff DATE: ~, La",v ~!5ea I of -?Jcn L/. the ~rt BY THE COURT: 6' ~:;-~~t:;~~'CiVil Division ;rj!~~li'" K ->s,S-'o;;;; Yq ,/ / Deputy (Eff. 7/97) CERTIFICATE OF SERVICI~ I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Charles E. Haddick, Jr., Esquire Jason P. McNicholl, Esquire 1200 Camp Hill Bypass Suite 205 Camp Hill, PA l70ll MARTS ON DEARDORFF WILLIAMS & OTTO ~' 1~ By / / eI1IU Yi Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 28, 2004 .... c '" ,.--' L:::~) 0 L.;:I .r- .., ~-:;;;:; :-::1 h~ , ',) \.0 :r',. - , : _n' .. -< r....) (..,,:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH O~--<.(IS Vs. NO. 4752003 BOWERS, I II 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 JASON P MCNICHOLL, 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: 01/19/05 ~~ JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 File #: R317564 By: Susan T:y're IN: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs. BOWERS, III No. 4752003 TO: GEORGE FALLER JR, ESQ (PLAINTIFF) 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: 12/28/04 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA., PA 1913 5 (215) 335-3653 By: Susan Tyre Enc(s): Copy of subpoena(s) Counsel return card File #: R317564 <XJ!oM)NWEALTH OF PmNSYLVANIA COONl'Y OF aJMBERLl\N[~ STANDISH Fi Ie No. 2003 475 VS. BOWERS II I SUBPOENA TO PR<JClL(:E DOCLt1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: HERTZ RENT A CAR (Ni!ITle of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: **SEE ATTACHED ADDENDUM** at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thic request at the address I isted above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. 1 f you fai 1 to produce the docunents or things requir'ed by this subpoena within t'"ienty (20) days after its serv~ce, the party serving thh subpoena may seek. a court orde'- o:;m>elling you to carply with it. TH t S SUBPCeNA WAS I SSUEO AT THE REQUEST OF THE FOLLCW I NG PEIRSON: NAME: JASON MCNICHOLL, ES~ ADDRESS : 1200 CAM~ MILL BIEA3S r7lMP HTT.r, P7I 170] 1 (215) 335-3212 TELF.Pf-ONE: SlPRE/"E (XUlT ATTORNEY FOR: \0 # DEFENDANT DATE: /:J'~f-th;;~~OOI Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA STANDISH Vs. No. 4752003 BOWERS, III CUSTODIAN OF RECORDS FOR: HERTZ RENT A CAR ANY AND ALL RECORDS FROM SIX MONTHS BEFORE THE DATE OF LOSS, 4/19/02 TO PRESENT REGARDING RUDY MARETICH'S RENTALS, SPECIFICALLY A 2002 GRAY FORD; VIN: ZFMZA51442BB06189 PERTAINING TO: NAME: RUDY MARETICH'S RENTAL ADDRESS: CERTIFIED PHOTOCOPffiS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED 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 A V AlLABLE: 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 ( ) X-RAYS ( { PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for HERTZ RENT A CAR CUMBERLAND R317564-01 *** SIGN AND RETURN THIS PAGE *** ~-, C~~ ~:.:;~, ...,J., ~:I~) ~.:-: _J ;;:0.': ,~) -::. ."';' ~- c.) r<) ce. - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JAMES A STANDISH Vs. NO. 4752003 DANIEL J BOWERS III CERTIF1CATE 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 CHARLES E HADDICK, 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) , CHARLES E HADDICK, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 Date: 04/20/05 By: Patrice Laporte File #: M320299 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JAMES A STANDISH Vs. DANIEL J BOWERS III No. 4752003 TO: GEORGE FALLER JR, ESQ (PLAINTIFF) 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: 03/30/05 CHARLES E HADDICK, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Patrice Laporte Enc(s): Copy of subpoena(s) Counsel return card File #: M320299 CQ!oM)NWE7\LTH OF PWNSYLVANIA <XXJm'Y OF aJMBEmAND JAMES A STANDISH VS. File No. 4752003 DANIEL J BOWERS III MEDICAL BILLING REQUESTED SUBPOENA TO PROOUCE !XX:U1ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 HARTFORD FINANCIAL SVCS, PO BOX 2910, HARTFORD CT 06104 TO: ATTN' MELISSA VELARDE (N5TIe of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered produce the following document~ or things: SEE ATTAC~U AUU~NUUNl by the court to at MEDICAL LEGAL REPRODUCTIONS~A~~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within t.,enty (20) days after its serv~ce, the party serving thh subpoena may seek a court orde;' ccrrpelling you to carply with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLCIN I NG PERSON: NAME: CHARLES E HADDICK, ESQ ADDRESS : 1'200 Cl'.lU' HILL BYPASS CAMP HILL, PA 17011 TELF.PHONE: SUPR&E roJRT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT <XlURT: BY M320299-01 DATE: (:J~(1 ~ l \ bo2()~ S a I of the rt Prothonotary/Clerk, 11 Division ~dn-; 0 fl 77zr fl/l-( C / ... Deputy "-- (Eff. 7/97) ADDENDUM TO SUBPOENA JAMES A STANDISH Vs. No, 4752003 DANIEL J BOWERS III CUSTODIAN OF RECORDS FOR: HARTFORD FINANCIAL SVCS **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: RUDY MARETICH ADDRESS: SSAN: 313525671 MEDICAL BILLING REQUESTED 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 RECORDS / XRAYS have been destroyed X-RAYS Authorlzed slgnature for HARTFORD FINANCIAL SVCS Date CUMBERLAND M320299-01 *** SIGN AND RETURN THIS PAGE *** M'T .L ~ R MEDICAL LEGAL REPRODUCTIONS. INC. Main omce 4940 Disston Street Philadelphia, Pa, 19135 Phone: (215) 335-3212 Fax: (215) 338-2980 E-mail Address:/egal@fttedleg.com Jefferson Bldg" Snite 926 1015 Chestnut Street Philadelphia, Pa 19107 ADDENDUM HARTFORD FINANCIAL SERVICES ANY AND ALL CLAIMS FILES FOR ANY INSURANCE COVERAGE PROVIDED TO ANY NAME, PLAINTIFF'S OR ANY BUILDINGS '!'fIAT THE PLAINTIFF OWNED OR OTHERWISE HAD A COMMERCIAL INTEREST IN, INCLUDING BUT NOT LIMITED TO THE STRUC'l'ORE WHICH IS THE SUBJECT OF THIS LITIGATION. THIS REQUEST INCLUDES BUT IS NOT LIMITED TO 'l'HE FOLLOWING: BOOKS, MEMORANDA, CLAIMS FILES, UNDERWRITING FILES, LOSS PREVENTION REPORTS, LOSS CONTROL REPORTS, RELATED LOSS CONTROL CORRESPONDENCE, CLAIMS DOCUMENTS OF ANY KIND, BUILDING INSPECTIONS OF ANY KIND, ANY/ALL OTHER RECORDS CONTAINED IN THE ABOVE-REQUESTED FILES. CLAIM #PA 2623114 East Gate Center, 309 Fellowship Rd.. MI. Laurel, NJ 08054 One Oxford Centre. 301 Grant St.. Suite 4300, Pittsburgh. PA 15222 (800) 436~J479 cnM)NWE!\LTH OF PENNSYLVANIA roJNl'Y OF aJMBERIAND JAMES A STANDISH Vs. File No. 4752003 DANIEL J BOWERS III SUBPOENA TO PRODUCE OOCU1ENTS OR TH I NGS FOR DISCOVERY P~SUANT TO RULE 4009,22 HARTFORD FINANCIAL SVCS, PO BOX 2910, HARTFORD CT 06104 TO: ATTN: UNDERWRITING DEPT (Nsme of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following document~ or things: SEE ATTACHED ADDENDUM at MED1CAL LEGAL REPRODUCT10NS(A~st940 D1SSTON ST., PH1LA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of carp liance , to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docurents or things required by this subpoena within t""enty (20) days after its serv~ce, the party serving 'thh ~;ubpoena may seek a court orde;o c:arpel1ing you to carply with it. THIS SUBPOENA WAS NAME: ADDRESS: ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: CHARr,E~ICK, ESQ 1200 Ci'\MI' IlILL BYPASS CAMP HILL, PA 17011 TELEPI-ONE: SUPREl"E ccun I D # A /TORNEY FOR: 215-335-3212 DEFENDANT BY Prothonotary/Clerk, ',1 Division 4d~J/ ~r;}.012rj}441' /~ , - Deputy M320299-02 DATE: {:J iJ,u l, II lDO-S Seal of the Court ',---- (Eff. 7/97) ADDENDUM TO SUBPOENA JAMES A STANDISH Vs. No, 4752003 DANIEL J BOWERS III CUSTODIAN OF RECORDS FOR: HARTFORD FINANCIAL SVCS **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: RUDY MARETICH ADDRESS: SSAN: 313525671 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 } X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Author~zed signature for HARTFORD FINANCIAL SVCS Date CUMBERLAND M320299-02 * ** SIGN AND RETURN THIS PAGE ** * M' LT ~ R MEDICAL LEGAL REPRODUCTIONS, INC Main Office 4940 Disston Street Philadelphia, Pa, 19135 Phone: (215) 335-3212 Fax: (215) 338-2980 E-mail Address:/egal@medleg.com Jefferson Bldg" Suite 926 1015 Chestnut Street Philadelphia, Pa 19107 ADDENDt:lM HARTFORD FINANCIAL SERVICES-UNDERWRITING DEPT ANY AND ALL UNDERWRITING FILES FOR ANY l:NSURANCE COVERAGE PROVl:DED TO ANY NAME, PLAl:NTl:FF'S OR ANY BUl:LDl:NGS THAT THE PLAl:NTIFF OWNED OR OTHERWISE HAD A COMMERCIAL INTEREST l:N, l:NCLUDING BUT NOT Ll:Ml:TED TO THE STRUCTURE WHl:CH l:S THE SUBJECT OF THl:S Ll:Tl:GATl:ON. THIS REQUEST l:NCLUDES BtrT l:S NOT Ll:MJ:TED TO THE FOLLOWING: BOOKS, MEMORANDS, CLAl:MS Fl:LES, UNDERWRl:Tl:NG Fl:LES, LOSS PREVENTION REPORTS, LOSS CONTROL REPORTS, RELATED LOSS CONTROL CORRESPONDENCE, CLAl:MS DOCUMENTS OF ANY Kl:ND, BtJILDl:NG l:NSPECTIONS OF ANY KIND, ANY/ALL OTHER RECORDS CONTAINED IN THE ABOVE-REQUESTED FILES. CLAIM #PA 2623114 East Gate Center, 309 Fellowship Rd.. !\It. Laurel, N.I 01'1054 One Oxford Centre. 301 Grant St.. Suite 4300. Pittsburgh, PA 15222 (800) 436-1479 ,-., "h f,,) c. " .~. c. '" IN.THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs, NO, 03475 BOWERS 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 JASON P MCNICHOLL, 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: 07/28/05 ,~... ., _ . '.". '., . , I c:::::: " );,.,~~ JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIBS SHOULD BB ADDRBSSBD TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) File #: M323134 By: Christine Noisy , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs. BOWERS No. 03475 TO: GEORGE FALLER JR, ESQ (PLAINTIFF) 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: 07/07/05 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Christine Moisy Enc(s): Copy of subpoena(s) Counsel return card File #: M323134 ~TH OF pmNSY!.VANIA CDUN'l'Y OF aJMBmLAND STANDISH File No. 475 2003 VS. BOWERS SUBPOENA TO PR<:X:llK:E OOCI..NENTS OR TH I NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 TO: DR LAWRENCE LESSER (NlI11e of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following dooument~ or things: **SEE ATTACHED ADDENDUM** at ____MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHlLA PA 19135 (Address) You may deliver or mail legible copies of the docunents or produce things requesteci h, this subpoena, together with the certificate of ccrrpliance. to the party making thi, request at the address listed above. You have the right to seek in advance the rea.sonablE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the doctments or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thin subpoena may seek a court orde'- cx:xrpe 11 iog you to carp ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOHING PERSON: ~: JASON MCNICHOLL, ES~ ADDRESS: TELf'PH:lNE: SUPREI'E CCUlT ATTORNEY FOR: 1200 CAl'IP HILL B'IFA33 CAMP HILI. PA 17011 (215) 335-3212 10# DEFENDANT DATE: ~ l If ,,2tJi)s' ea T of ' the Court Prot Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA STANDISH Vs. No. 03475 BOWERS CUSTODIAN OF RECORDS FOR: DR LAWRENCE LESSER ANY AND ALL MEDICAL RECORDS FROM BEFORE AND AFTER 10/02/39 TO THE PRESENT. PERTAINING TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] ImCORDS AIm A1TACHED HEImTO: 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 X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR LAWRENCE LESSER CUMBERLAND M323134-01 *** SIGN AND RETURN THIS PAGE *** () ,.-> () ,~ -n (;-". .--\ (::: -0- ~) \1+1 I (I\ -n C,) :'.j 0 - C..". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs, NO. 475 2003 BOWERS, III 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 JASON P MCNICHOLL, 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: 12/01/05 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) File #: M326469 By: Christine Moisy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STANDISH Vs. BOWERS, III No. 475 2003 TO: GEORGE FALLER JR, ESQ (PLAINTIFF) 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: 11/07/05 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Christine Moisy Enc(s): Copy of subpoena(s) Counsel return card File #: M326469 OJ!oM)NWE!\LTH OF pmNSYI,VANIA axJm'Y OF CUMBffiIAND STANDISH VS. File No, 475 2003 BOWERS, II I SUBPOENA TO PRCOUCE DOCl.l'ENTS OR TH 1 NGS FOR D I 5roVERY PURSUANT TO RULE 4009. 22 PRATT MEDICAL SVCS, 2300 FALL HILL AVE, FREDERICKSBURG VA 22401 TO: (N<rne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document~ or things: SEE ATTACllliD ADDENDUM at MEDICAL LEGAL REPRODUCTIONS{Ad~s'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested hi this subpoena, together with the certificate of CClTPliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of pre"aring 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 serv;ce, the party serving thh subpoena may seek a court orde'- c:arpe 11 ing you to carp ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAI'E: JASON P MCNICHOLL, ESQ ADDRESS: 1200 CJl.I'1P HILL BYPASS CAMP HLLL, PA 17011 TELf'PH:lNE: SUPREI-E CXlURT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE OXJRT: II .~ prot~~il Division Deputy M326469-01 DATE: 716tJ _ /..5 dctJ oj Seal of the Court (Eff, 7/97) ADDENDUM TO SUBPOENA STANDISH Vs. No, 475 2003 BOWERS, II I CUSTODIAN OF RECORDS FOR: PRATT MEDICAL SVCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 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 ) RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for PRATT MEDICAL SVCS CUMBERLAND M326469-01 *** SIGN AND RETURN THIS PAGE *** CCJIoM)NWE2>.LTH OF PENNSYLVANIA <XJUNl'Y OF CUMBERLAND STANDISH Vs. File No. 47'; /.003 BOWERS, III SUBPOENA TO PROOUCE DCX:U1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 TO: DR MARK MCCLANAHAN, 10711 SPOTTSYLVANIA AVE, FREDERICKSBURG VA 22408 (N<rne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doo.ment,; or things: SEE ATTACIffiD AD at MEDICAL LEGAL REPRODUCTIONS(A~s~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of care:>liance, to the party making thic 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 docunents or things required by this subpoena within t\"'enty (20) days after its service, the party serving 'thh subpoena may seek a court orde'- o:xrpe 11 ; ng you to care:> 1 y wi th it. TH I S SUBPOENA WAS NAl"E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLo.'/lNG PERSON: JASON ~OLL, ESQ 1200 CAMI' HILL BYPASS CAMP HILL, PA 17011 215-335-3212 TELF.PH:)NE: SUPRE/'E COURT I D # A TiORNEY FOR: DEFENDANT Protho BY THE COURT: M326469-02 DATE: 71tJiJ, /5, cX.()5 Sea 1 of the Court Division Deputy (Eff, 1/97) ADDENDUM TO SUBPOENA STANDISH Vs. No. 475 2003 BOWERS, II I CUSTODIAN OF RECORDS FOR: DR MARK MCCLANAHAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 CERTIFIED PHOTOCOPffiS 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 X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for DR MARK MCCLANAHAN CUMBERLAND M326469-02 *** SIGN AND RETURN THIS PAGE *** CCMo(lNWEALTH OF PENNSYLVANIA CXlUNl'Y OF CUMBERLI\ND STANDISH Vs, File No. 475 2003 BOWERS, II I SUBPOENA TO PROOUCE I:lOCU'ENTS OR TH I NGS FOR D I SCX>VERY PURSUANT TO RULE 4009. 22 DR LOI, 2280 OPITZ BLVD #260, WOODBRIDGE VA 22191 TO: (N/ITle of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document~ or things: SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS<A~st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea~onab\E cost of preoaring the copies or producing the things sought, If you fail to produce the docunents or things required by this subpoena within t""enty (20) days after its service, the party serving thi<; ~,ubpoena may seek a court orde;" c:arpelling you to carply with it. TH I S SUBPOENA WAS ISSUED AT THE REGlUEST OF THE FOLLCWING PERSON: JASON P MCNICHOLL, ESQ 1200 CMlr' HILL BYPASS CAMP HILL, PA 17011 NAI'E : ADDRESS: TELF.PH:JNE: SUPREI-E COURT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE <XlURT: Division M326469-03 DATE: 'I1DiJ. 8' JtZ'--5 Seal of the Court Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA STANDISH Vs. No. 475 2003 BOWERS, II I CUSTODIAN OF RECORDS FOR: DR LOI ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 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 ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for DR LOI CUMBERLAND M326469-03 *** SIGN AND RETURN THIS PAGE *** CQMMJNWEALTH OF PENNSYLVANIA CXXJNl'Y OF COMBERIAND STANDISH VS, File No. 475 2003 BOWERS, I II SUBPOENA TO PROOUCE ooa..tENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 TO: DR ROBERT SQUILLANTE, 90 GREENS PRING DR, STAFFORD VA 22554 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent", or things: SEE ATTACmW ADD~NDlJM at MEDICAL LEGAL REPRODUCTIONS(A~s'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requeste~ b) this subpoena, together with the certificate of carpli ance , to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce. the party serving thi:; subpoena may seek a court orde" compelling you to comply with it. TH I S SUBPOENA WAS NAI'E : ADDRESS: ISSUED AT THE REQUEST OF THE FOLLCIr'IING PERSON: JASON P MCNICHOLL, ESQ 1200 CMlr HILL BYPASS CAMP HILL, PA 17011 215-335-3212 TELEPI-()NE : SUPREI'-E CXlURT I D # ATTORNEY FOR: DEFENDANT BY THE COURT: , civil Division M326469-04 DATE: 't1tJO, 1"5'. .;JtZJj- Seal of the Court Protho Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA STANDISH Vs. No. 475 2003 BOWERS, III CUSTODIAN OF RECORDS FOR: DR ROBERT SQUILLANTE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JAMES STANDISH ADDRESS: DATE OF BIRTH: 10/02/39 SSAN: 379389223 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 X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Author1zed s1gnature for DR ROBERT SQUILLANTE Date CUMBERLAND M326469-04 *** SIGN AND RETURN THIS PAGE *** ('J ! \..:-) 0' ,-",; .' .-' ..-, F\JLES\DA T AF1LE\General\CI.1ITcnl\ 1 0624. Jprallnlm Created 12/201059:55AM Revised 12/20/059:56AM 106241 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES A. STANDISH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-475 : CIVIL ACTION-LAW DANIEL J. BOWERS, III, Defendant : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MARTS ON DEARDORFF WILLIAMS & OTTO By .,~ (J George B. Faller, Jr., LD.49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 20, 2005 .... CERTIFICATE OF SERVICE I, Nichole 1. Myers, an authorized agent for MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jason p, McNicholl, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 MARTSON DEARDORFF WILLIAMS & OTTO By /c)ittt '/i/7hu/cj Nichole 1. Myers (I 10 East High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 20, 2005 ~ r;?, ~ ;p Q ~~' I C' ~ o s:?- :o?-"tJ f\"\~ -'c:,C:;) -~-?{j!~, ~- C~ ." L') (,}\ ;.\-J-"-'(.~_ '7 (r". .:; ~:\ ~~ .~.L,.