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HomeMy WebLinkAbout99-04855 RICHARD MARTIN, JR. & IN THE COURT OF COMMON PLEAS OF NANCY MARTIN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 99-4855 CIVIL TERM V. JENNIFER L. AUGHENBAUGH, Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, June 20, 2001, before the Honorable Edward E. Guido, Judge, present for the Plaintiffs was Timothy Shollenberger, Esquire, and present for the Defendant was John Ninosky, Esquire. This is an uncomplicated motor vehicle accident in which the amount in controversy is such that submission to arbitration would be appropriate. The parties were reluctant to have the matter submitted to arbitration because it was felt the losing party would appeal, and it would, therefore, be a waste of time. The parties have agreed that neither shall file any appeal from the award of the arbitrators. In order to expedite this matter, the parties have further agreed that this Court should appoint the following arbitration panel: Robert L. O'Brien, Esquire, Hubert X. Gilroy, Esquire, and Joseph L. Hitchings, Esquire. The arbitrators are directed to use their best efforts to schedule the hearing in this matter within the next 30 days. Counsel have assured the Court and the arbitrators that this matter can be tried in approximately one half day. The parties have stipulated that no records regarding the Plaintiff's psychological treatment or worker's compensation claim shall be admitted at the trial in this matter. Y?-- w In all other respects, the local rules of arbitration shall govern. By the Cour Edward E. Guido, J. Timothy Shollenberger, Esquire Attorney for Plaintiffs John Ninosky, Esquire Attorney for Defendant Prothonotary Court Administrator srs r LI r2 11 RICHARD MARTIN, JR., and NANCY MARTIN, his wife, Plaintiff VS JENNIFER L. AUGHENBAUGH, Defendant NOTICE OF ARBITRATION HEARING As Chairman of the Board of Arbitrators appointed in the above captioned case, I have fixed Wednesday, August 29, 2001 at 1:30 o'clock p.m. in the law offices of O'Brien, Baric & Scherer, 17 West South Street, Carlisle, Pennsylvania, as the time and place for the Hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all Counsel involved for another time, including the scheduling of the location. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4855 CIVIL ) A Robert L. O'Brien, Esquire, Chairman Date: cc: Timothy A. Shollenberger, Esquire (Via facsimile 234-8212) Jefferson J. Shipman, Esquire (Via Facsimile 234-683 Hubert X. Gilroy, Esquire (Via Facsimile 243-8227) Joseph L. Hitchings, Esquire (Via Facsimile 243-6486)? The Honorable Edward E. Guido ? Prothonotary Bulletin Board ? All parties notified via regular US mail postage prepaid or by hand delivery i a I TRANSMISSION VERIFICATION REPORT TIME: 07/19/2001 14:39 NAME: OBS LAW OFFICE FAX 7172495755 TEL 7172496873 DATE, TIME 07/19 14:39 FAX NO. /NAME 2436486 DURATION PAGE(S) :00:33 RESULT 00 MODE STANDARD TRANSMISSION VERIFICATION REPORT 07/19 14:36 DATE.TIME 2438227 FAX NO./NAME 00:00:28 DURATION 01 T T RESUL ANDARD S MODE TIME: 07/19/2001 14:37 NAME: OBS LAW OFFICE TEL : 7172496873 I TRANSMISSION VERIFICATION REPORT TIME: 07/19/2001 14:35 NAME: OSS LAW OFFICE FAX 7172495755 TEL 7172496873 DATEJIME 07/19 14:34 FAX N0./NAME 2346808 DURATION 00:00:36 OK RESULT MODE STANDARD i. i` i l I itY,i i TRANSMISSION VERIFICATION REPORT TIME: 07/19/2001 14:33 NAME: OBS LAW OFFICE 95755 TEL : 7717224496873 T E,T FA X NO IMNAME 07/19 14:33 DURATION 2348212 PAGE(S) 00:00:31 RESULT 01 MODE STANDARD 1 r i Jefferson J.Shipman, Esquire I.D. p: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RICHARD MARTIN, JR., and NANCY MARTIN, his wife, Plaintiffs VS. JENNIFER L. AUGHENBAUGH, Defendant . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4855 CIVIL JURY TRIAL DEMANDED PRE-TRIAL STATEMENT OF DEFENDANT JENNIFER L. AUGEN13AUGH AND NOW, comes the Defendant, Jennifer Augenbaugh, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Pre-Trial Statement in accordance with Pennsylvania Rule of Civil Procedure 212.2 and Cumberland County Rule of Civil Procedure 212.4. 1. Statement of the basic facts as to liability. The case arises out of an automobile accident which occurred at the intersection of Route 11/15 and Lemoyne Drive in East Pennsboro Township, Cumberland County, Pennsylvania, on September 23, 1997. The Plaintiff, Richard Martin, Jr., of New Cumberland, Pennsylvania, was operating a Ford Bronco generally east on Route 11/15. The Defendant, Jennifer Augenbaugh of Shermansdale, Pennsylvania, was operating a 1992 Ford Aerostar and pulling from Lemoyne Drive onto Route 11/15, intending to turn left and travel generally west on 11/15. The accident occurred in the center turn lane when the Martin vehicle struck the driver's side of the Augenbaugh vehicle. 2. Statement of the basic facts as to damages. Immediately after the accident, the Plaintiff reported no pain or discomfort except for chest pain. The Plaintiff immediately declined treatment by the ambulance crew. The Plaintiff was then transported to the Holy Spirit Hospital where he was treated and released foii an abrasion from the seatbelt. The Plaintiff then developed neck pain and was treated by Bruce Goodman, M.D., on two occasions, October 22, 1997 and October 28, 1997. At the October 28, 1997 visit the Plaintiff had markedly 2 improved and was working full time and had full cervical flexion and extension and no increase :it spasms and had full range of motion in all directions. He was discharged from Dr. Goodman's care at that time. There was no further treatment and the Plaintiff testified during the taking of his deposition that he was pain free until approximately 10 months later when he began treating with his chiropractor, Dr. Liedy of Enola, Pennsylvania, in August 1998. There was no medical treatment between the time of his discharge from Dr. Goodman in October 1997 until August of 1998. 3. Statement of principal issues of liability and damages. Whether the Defendant was negligent and whether her negligence was a substantial factor in causing the Plaintiff's injuries. Also, what amount of damages the Plaintiff has sustained as result of this accident. 9. Summary of legal issues regarding evidence. It is not anticipated that there will be any difficult or novel legal issues in this case. 3 5. Identity of witnesses. Richard Martin, Jr., as on cross-examination Nancy Martin, as on cross-examination Jennifer Augenbaugh Devon Flickinger, EMT Richard Markel, EMT Stanley R. Askin, M.D. Orthopedic Surgeon 6. List of exhibits. a. All medical records and reports pertaining to Richard Martin, Jr., including the following: (1) East Pennsboro Ambulance Trip Sheet and Report (2) Holy Spirit Hospital, emergency records (3) Bruck Goodman, M.D., records (4) Continental Medical Therapy Network records (5) Gary G. Leidy, D.C., records b. Employment records of Fairview Township as may be relevant c. Video and photographs of the accident scene d. Any and all materials exchanged in discovery. 4 7. Current status of settlement negotiations. The Defendant's carrier offered $14,000 to settle, which was rejected by the Plaintiff. Respecfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. J fft'rson J. Shipman, l Esquire A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: June 14, 2001 64441.1 5 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, via First Class Mail, in Harrisburg, Pennsylvania, on June 14, 2001: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17116-3700 GOLDBERG, KATZMAN & SHIPMAN, P.C. i L ?B3 "A J. Shipm n, Esquire Jere I. . . #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 38594.1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN RICHARD JR ET AL VS AUGHENBAUGH JENNIFER L R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: AUGHENBAUGH JENNIFER L but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 19th 2000 this office was in receipt of the attached return from PERRY Sheriff's Costs: ]So answ s: Docketing 18.00 Out of County 9.00 ,? Surcharge 10.00 Wf?Z . Thomas Kline Dep. Perry County 25.76 Sheriff of Cumberland County 00 62.76 01/19/2000 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this ou-? day of ?? Richard Martin, Jr. and Nancy Martin Versus Jennifer L. Aughenbaugh No. 99-4855 SHERIFF'S RETURN And now January 13 , 2000 : Served the within name Jennifer L. Aughenbaugh the defendant(s) named herin, personally at her place of residence in Carroll Township Perry County, PA, on January 13, 2000 at 10:17 o'clock AM by handing to Jennifer L. an adult member of family 1 true and attested Aughenbaugh copy(ies) of the within Notice, Complaint, Interrogatories&Request and made known to her the contents thereof day So answers, Deputy Sheriff of Perry County DEPUTY PROTHONOTARY & CLERK OF COURTSI BLOOMFIELD BORO., PERRY CO., PA MY COMMISSION EXPIRES JAN.S, 2004 IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH Swom and subscribed to before me this 1?1 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.0, Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 RICHARD MARTIN, JR. & NANCY MARTIN, his wife, Plaintiffs V. JUN 1$ 2001' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4855 JENNIFER L. AUGHENBAUGH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM 1. Brief Narrative Statement of the Case Richard Martin was injured in a motor vehicle collision which occurred on September 23, 1997 at the intersection of Lemoyne Drive and State Road 0011 East Pennsboro Township, Cumberland County, Pennsylvania. Richard was traveling north on S.R. 11 approaching the right-of-way of the intersection of Lemoyne Drive. Defendant was traveling west on Lemoyne Drive where a clearly marked stop sign is located. Defendant pulled directly into the path of the vehicle being operated by the Plaintiff, causing a collision between the two vehicles. Richard suffered injuries in the wreck, including but not limited to his neck and trapezius area. II List of Types and Amounts of All Damaees Claimed (A) Economic damages: Plaintiff believes that his first party medical benefits have been paid by his carrier. He is in the course of double checking this fact as this document is being prepared. Plaintiff will contact the medical providers and obtain an up-to-date first party pay-out sheet and will then be able to address this issue with greater certainty. (B) Non-economic damages: (1) Pain and suffering; (2) Loss of life's pleasures; and (3) Loss of consortium. The amounts of these damages are to be determined by the jury. (C) It is undisputed that this case is governed by the full tort option. III Witnesses (A) As to liability: (1) Richard Martin; (2) Jennifer Aughenbaugh, as on cross-examination; (3) Patrolman Todd M. Bashore of the East Pennsboro Township Police Department. (4) Witnesses identified but not called by the Defendant. (5) Records Custodians as may be necessary to authenticate any liability exhibit offered by the Plaintiffs. (B) As to damages: (1) Richard Martin; (2) Steven Morganstein, M.D.; (3) Gary Leidy, D.C. (4) Witnesses identified but not called by the Defendant; (5) Records Custodian as may be necessary to authenticate any damages exhibit presented by the Plaintiffs; (6) Witnesses as may be necessary to rebut testimony presented by the Defendant. IV Exhibits Plaintiff Intends to use at Trial 1. As to liability: (1) Not to scale scene diagram; (2) Scene photographs.; (3) Photographs of Plaintiff's wrecked truck. 2. As to damages: (1) Deposition transcripts and videotapes of Drs. Morganstein and Leidy; (2) Chronological set of medical records, both pre- and post-collision; (3) Exhibits identified but not utilized by the Defendant; (4) See enclosed written reports of Dr. Morganstein attached as Exhibit "A" and of Dr. Leidy attached as Exhibit "B". (5) Photographs of the Plaintiffs wrecked truck. V Stipulations of any Party None, although Plaintiff would be willing to stipulate to the authenticity of any exhibit without the necessity of having to call Records Custodians. VI Estimated Length of Trial Two days. VII Any scheduling problems None that Plaintiffs are aware of. VIII Any Special Evidentiary Issues 1. On June 6, 2001, defense counsel served documents subpoenaed by them from Fairview Township, Plaintiffs former employer. These documents pertain exclusively to a workers' compensation and unemployment claim filed by the Plaintiff in July of 2000 stemming from a mental condition completely unrelated to any of the physical injuries for which he makes claim in this case. Plaintiff asks this Honorable Court prior to trial to order that the workers' compensation claim, the unemployment claim and any documents pertaining thereto are not admissible and should not be disclosed or discussed and that any medical records from any psychiatrist or psychologist who treated Mr. Martin are not admissible and should not be discussed. The basis for this motion is that the workers' compensation claim and unemployment compensation claim are collateral matters and are neither relevant nor material to the physical injuries giving rise to the Plaintiff's cause of action in this case. The medical records of Mr. Martin's psychiatric treatment and care not only pertain to collateral matters which are neither relevant nor material, but are also privileged and clearly not admissible in this case. IX Realistic settlement offer or demand Plaintiffs made a demand of $28,810 to Defendant. Defendant's insurer offered $14,000. When the Plaintiffs rejected that offer and filed suit, Defendant withdrew the offer and even rejected Plaintiffs' subsequent agreement to accept the $14,000 (see, letter from Defendant's counsel attached as Exhibit "C"). Plaintiff has now incurred significant additional costs and is no longer in a position to accept $14,000. Plaintiff is, however, willing to continue negotiations at an amount less than the original demand of $28,810. & JANUZZI, LLP By: Dated: June 14, 2001 March 22, 20001 Timothy Shollenberger, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road PO Box 60545 Harrisburg, PA 17106-0545 RE: RICHARD MARTIN DOA: 9-23-97 DOB: 1-1-55 SS#: 187-44-9470 Dear Attorney Shollenherger: PRISM I would like to thank you for referring Mr. Richard Martin for an Independent Medical Examination. As you know Mr. Martin is a 46 year old right-hand dominant male with chief complaint of persistent upper back and shoulder pain. He reports his symptoms occurred as a result of a motor vehicle accident on 9-23-97. At that time he was a restraint driver of a vehicle that was involved in a T-bone type collision with a car that pulled out in front of him in traffic. He denies striking his head or sustaining any loss of consciousness although he does report that he was initially dazed. He was taken via ambulance to Holy Spirit Hospital for evaluation. He reports no testing was done at that time and he was released. He reports initially he was experiencing pain across the upper back and neck region. The following day his symptoms increased. He additionally was complaining of pain across the anterior chest wall region as he did strike his chest with enough force that it caused the steering wheel to bend. Mr. Martin reports he then treated with his family physician, Dr. Kunkel. He was given anti. inflammatory medications and continued to be symptomatic. He then sought further orthopedic treatment and was seen by Dr.Bruce Goodman on 10-22-97. He was told that he sustained muscular injuries and underwent a shot course of physical therapy that did help him somewhat. He does report initially in addition to his upper back and neck symptoms he was experiences occasional numbness sensation into the left arm which did gradually improve. Mr. Martin reports that following his physical therapy sessions, his symptoms then did reoccur. He was no longer experiencing any symptoms on the right side however continued to have pain along the left neck, scapula and shoulder region. He then came under the care of Dr. Gary Leidy, chiropractor. He treated with Dr. Leidy through much of 1999. He does report some improvement with his treatments and particularly indicates he responded well to massage therapy. Overall his symptoms greatly improved however he continues to be symptomatic. He presently rates his pain as a 2/10 today and indicates on his worse day pain will be a 6/10. He no longer is experiencing any symptoms in the right upper back or cervical region and he additionally is no longer experiencing any left upper extremity symptoms. He presently treats with Dr. Leidy every several months as needed when his pain becomes more intense. He has not had any additional recent treatment or further testing. He does report that he had initial x-rays done when he first saw Dr. Leidy. EXHIBIT A Physicians,, Rehabilitation. Industrial, Spine Medicine•P.C. PM1YSrtai Median nehAd.l.hon ElernadY9naJs Slichael F. Lupinacci, SID Si Vin Do, SID willi.un A. Rolle. Jr., SID D.utiel C Drpdcis. SID E,ereu C. Hills. SID, MS 17i L.uma.r cr nnul,•rard PO. 11os .U.S Slechburg. PA 1705,5. Phone 717 691-3711 Fax 717691-3934 410 Powers Aeenue near Enmuwc Harrisburg. PA 17109 Phone 717 561-4242 Fax 7175614903 Page 2 Richard Martin 3-22-01 1 have questioned Mr. Martin today regaPding any previous history of neck or upper back problems. He does report that back in 1982 he had an inner ear infection which caused some dizziness and headaches and he also had some tightness in his cervical region. He denies however any actual injuries to the neck, shoulder or upper back area. He does report an injury to his low back in November of 1991. At that time lie was lifting and splitting wood at home when he developed low back pain and tightness. He treated with a chiropractor at that time, Dr. Riddell, who was performing chiropractic manipulation to the lumbar spine. He does report he received some treatment to the neck area but really was not experiencing any significant neck symptoms at that time. He really did not improve and then treated with an orthopedic specialist. He was placed oh two Tolectin for his ongoing low back pain and after one month of treatment his symptoms resolved. He has not had any additional problems with his neck and was not having any neck pain prior to the motor vehicle accident. PAST MEDICAL HISTORY: Mr. Martin reports a past medical history that is significant for depression. He indicates this is related to his job. He is employed as a superintendent for Fairview Township and last worked back in September of 2000. He was taken off of work because of his depression and eventually was terminated and has not returned back to any type of gainful employment. His past medical history is otherwise unremarkable. PAST SURGICAL HISTORY: Past surgical history is significant for bilateral hernia repairs, nasal surgery secondary to a nasal fracture that occurred as a result of a work injury when a box fell onto his nose back in the 1970s. His past surgical history if additionally significant for cholecystectomy and vasectomy. MEDICATIONS: He is presently treating with a psychiatrist, Dr. Moola, who has prescribed him Serzone as well as Trazedone prin for his depression. He additionally receives psychological counseling for his depression. His only additional medication is Prilosec. ALLERGIES: He reports no known drug allergies. Page 3 Richard Martin 3-22-01 REVIEW OF SYSTEMS: Review of systems is significant for occasional heartburn. He denies any additional symptoms including fever, chills, headache, visual changes, dizziness, chest pain or palpitations. SOCIAL HISTORY: Reveals that he drinks alcohol occasionally. He denies use of tobacco. He is married and has two grown children age 19 and 22. He reports no difficulty with any specific activities of daily living with regards to his pain he does however have increase symptoms at times when he sleeps as well as with any overhead lifting utilizing the left ann. PHYSICAL EXAM: Mr. Martin is a 6 foot tall, 235 pound male who does not appear to be in any acute distress. He does have somewhat of a flat affect and appears depressed although he did at times smile and joke during the examination. He has slight limitation in his cervical range of motion particularly in extension as well as rotation to the right both of which cause slight discomfort in the left scapular region. Spurling's maneuver is negative bilaterally. There is no evidence of any paravertebral muscle spasm. He does have localized tenderness along the left upper trapezius muscle as well as the left rhomboid muscle. There is evidence of active trigger points at the left upper trapezius muscle as well as along the left medial scapular border. There is no evidence of any scapular winging or muscular atrophy. He does have full range of motion at the bilateral shoulders as well as throughout both upper extremities. Impingement sign is negative. Upper extremity neurologic testing reveals full 515 motor strength throughout. Light touch sensation is intact throughout both upper extremities. Deep tendon reflexes are 2+ at the biceps and triceps and brachial radialis muscles. His grip strength appears to be normal bilaterally. MEDICAL RECORDS: I have reviewed the medical records that you have provided. Many of the records involve his oiher past medical problems and are unrelated to the accident. There is an initial Emergency Room record from Holy Spirit Hospital though this is difficult to read as it is a poor copy. I have reviewed treatment records from Dr. Silver-Riddell related to her treatment of Mr. Martin in 1991 and 10992 regarding his back pain. I reviewed office records from Dr. Bruce Goodman regarding his initial treatment of Mr. Martin following a motor vehicle accident. 1 have additionally reviewed physical therapy notes from Continental Medical including a discharge summary from 10-28-97. 1 reviewed medical records from Dr. Gary Leidy including an initial evaluation on 8-19-88 as well as various office records of treatment provided by Dr. Leidy for Mr. Martin through 6-21-99. Page 4 Richard Martin 3-22-01 IMPRESSIONS: It is my impression that Mr. Martin is experiencing chronic cervicothoracic myofascial pain related to the motor vehicle accident on 9-23-97. His present symptoms are consistent with post-traumatic chronic thoracic myofascial pain with active trigger points. 1 believe within a reasonable degree of medical certainty, his ongoing symptoms are directly related to the motor vehicle accident of 9.23-97, 1 believe that Mr. Martin's current prognosis can be considered only fair given the fact tha the has been symptomatic now for the past three and a half years, it is likely that he is going to experience ongoing chronic muscular symptoms and at times in likely to experience "flare- ups when his symptoms can become more severe. He will have ongoing limitations particularly with regards to any heavy lifting and any overhead activities with use of the left arm. With regards to treatment, I believe that he would benefit from an ongoing regular exercise program to work on improving strength and flexibility of his upper back and periscapular musculature. He additionally would benefit from use of a muscle relaxer that he can take on an as needed basis when his symptoms would become more severe. This additionally would likely help with some of his sleep difficulties. I additionally believe that a trial of trigger point injections would be helpful for Mr. Martin in attempting to deactivate some of his chronic trigger points. Additionally as he obtained some benefit from massage therapy intervention in the past, atrial of additional focused treatment under the direction of a licensed massage therapist would also be helpful with relief of some of his chronic muscular complaints. I would like to thank you once again for referring Mr. Martin for an Independent Medical Examination. Sincerely, Steven E. M anstein, D0 Physical Me icine and Rehabilitation SEM/jah Dictated: 3-22.01 Transcribed 3-23.01 Gary J. Leidy, D.C., P.C. tea Summerdale Plaza 433 North Enola Road Enola, PA 17025 (717)732.2222 January 25, 1999 Timothy A. Shollenberger, Esq. 1820 Linglestown Road I-larrsiburg, Pa. 171 10 RE: Mr. Richard E. Martin, Jr. .Date of Injury: 09-23-97 Dear Mr. Shollenberger: Mr. Martin was involved in an automobile accident on September 23, 1997. Mr. Martin was driving at the time of the accident. As the accident occurred, Mr. Martin slammed the brakes on. There was another driver coming in Front of him from left to right. Mr. Martin hit the other vehicle head on at a rate of speed of 40 mph. Upon impact, Mr. Martin's chest hit the steering wheel. He did have a seat belt on at the time. Mr. Martin states that he was dazed immediately but the seat belt caught him in time so that his head did not hit the windshield. Mr. Martin is currently employed in a management position at work. He states that about twenty percent of his job is physical and eighty percent is administrative. At work he spends a lot of time sitting, walking, standing. He works on a computer about thirty percent of the time. He has occasional lifting of up to as much as fifty pounds to do. He says that this lifting is very occasional only about every other week. Richard spends a lot of time at work managing other people. EXHIBIT On the initial examination in my office of August 18, 1998, Mr. Martin demonstrated a limited range of motion in t he cervical region. He also expressed pain on: cervical range of motion, cervical compression, cervical distraction. It was found that Mr. Martin had spasm, tenderness and mild edema in the cervical and upper thoracic region. A diagnostic ultrasound scan was performed on September 2, 1998 which showed inflammatory signs which are typical of a complex strain/sprain of the cervical spine. Specific emphasis of inflammatory signs was noted as a mid line inflamed scar tissue density, central and superficial to the spinous process outline from C I through C7 with some emphasis noted at the C7 level. Mild to moderate bilateral muscle edema signs are noted from C 1 through C7. Ligament, tendon inflammatory signs bilaterally at C7 revealing signs of residual chronic sprain at that level. The impression in the thoracic region is inflammatory ligament tendon signs noted with general edema field bilaterally at T5 left, T7 right, T8 left, T9 left, TIO bilaterally and TI2 bilaterally. Signs noted are sufficient to give the impression of thoracic strain with various costovertebral sprains with emphasis of upper to mid thoracic residuals. In the trapezius muscle, the predominant sign is diffuse edema signs of all trapezius regions examined bilaterally. Within the diffuse edema fields emphasis of deeper hypoechogenicity typical for muscle spasms is noted with emphasis of extent of depth and anterior to posterior length in the left side group. Recently, it has been found that Mr. Martin's finding on examination include limited range of motion, mild muscle spasms, weakness of the musculature in the cervical and thoracic spine. Mr. Martin's initial diagnosis as of August 18, 1998 was primarily chronic and severe hyper extension flexion injury of the cervical region; primarily a chronic, moderate sprain/strain of the thoracic region; secondarily chronic, severe cervical myofascitis; secondarily chronic and severe cervicalgia; secondarily radiculitis due to disc displacement in the cervical region; secondarily chronic, moderate radiculitis of the thoracic region. Currently, Mr. Martin's diagnosis is primarily chronic, mild hyper flexion extension injury of the cervical spine; primarily chronic, mild sprain/strain of the thoracic spine; secondarily, chronic, mild cervical myofascitis; secondarily chronic, mild cervicalgia; secondarily chronic, mild radiculitis of the thoracic region. Mr. Martin also currently has deconditioning of the cervical and thoracic musculature. Due to the mechanics of Mr. Martin's injury of September 23, 1997, it is my opinion, with a reasonable degree of chiropractic certainty, that Mr. Martin's injuries are caused by the accident of September 23, 1997. Mr. Martin's current condition is in keeping with the mechanics of his original injury of September 23 1997. There is, to my knowledge, no other past medical history that would relate to his current condition. Mr. Martin's past treatment has included visits of three times per week which have included modalities such as electric muscle stimulation, ultrasound therapy, intersegmental traction and massage therapy. Mr. Martin's current treatment will include a trial period of therapeutic exercise to strengthen the cervical and thoracic musculature. He will also be receiving occasional massage therapy. Mr. Martin's prognosis: If the therapeutic exercise does not strengthen the musculature of the cervical and thoracic region, Mr. Martin will have impairment of those areas due to muscle weakness. He will also have impairment due to pain in those regions. Due to that muscular weakness, it will be inadvisable that Mr. Martin undertake any excessive lifting activities. He should not attempt to lift more than fifty pounds on an infrequent basis. He should not be lifting more than twenty pounds on a frequent basis. Frequent would be defined as 50 to 100 repetitions per week. However, if the trial period of therapeutic exercises shows improvement in the strength of the musculature of the cervical and thoracic regions, Mr. Martin may be able to overcome his impairment. This trial of therapeutic exercises is in the early stages and it has yet to be seen whether of not improvement of muscular strength will be obtained. If you have any further questions regarding Mr. Martin's condition, please feel free to contact me. Sincerely, Gary J. Leidy, D.C. MAY 12 2000 LAW OFFICES GOLDBERG. KATZMAN & SHIPMAN, P.C. RONALD M, KATZMAN F. LEE SHIPMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRAND-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WEBER ARNOLD B. KOGAN EVAN J. KLINE, III JOHN DELORENZO STEVEN E. GRUBS DIANA W000510E JOHN R. NINOSKY 090 MARKET STREET STRAWBERRY SQUARE OF COUNSEL ARTHUR L. GOLDBERG P.O. BOX 1269 JOSHUA 0. LOCK HARRISBURO, PENNSYLVANIA 17109.126A TELEPHONE: (7V) 204-4181 PAX: (717) 204.64300 HARRY S. GOLDBERG 11961.19981 HTTPJ/W W W.OESLAW.COM HERSHEY OFFICE 0171 333.4049 CARLISLE OFFICE. May 9, 2000 17171245-0397 YORK OFFICE: 17171 843. 7912 Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP P.O. Box 60595 Harrisburg, PA 17116-3700 In re: Martin v. Aughenbaugh No. 99-4855 Civil Dear Tim: Cumberland County Common Pleas I recently received a telephone message from a secretary at your office, indicating that your client was agreeable to settle this case for the full amount of $14,000. The message also indicated that a Release and check should be mailed promptly. As you know, the $14,000 offer was withdrawn by Erie contemporaneously with your client's filing the lawsuit in this case. Consequently, it will be necessary to continue to litigate the case. We are issuing subpoenas to all of Mr. Martin's medical providers. Once those records have been received, I anticipate scheduling an independent medical examination of your client. truly yours, . Shipman JJS:mem EXHIBIT C CERTIFICATE OF SERVICE AND NOW this 14th day of June, 2001, I hereby certify that I have served the following Plaintiffs' Pre-Trial Memorandum on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320E Market Street, Strawberry Square Harrisburg, PA 17110 Respectfully submitted, Dated: June 14, 2001 SHOLLENBERGER &, JANUZZI, LLP i a N n o g O F S W ? $ CJ ° a ? m w N z?m ..a 0 x xwvnm •eo+u?m•nmm•mniio r ?xi irwourHUwx,ur?sin co waswo r Inn V, ?nc.nr SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RICHARD MARTIN, JR. & NANCY MARTIN, his wife, Plaintiffs V. JENNIFER L. AUGHENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 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(s). 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, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RICHARD MARTIN, JR. & NANCY MARTIN, his wife, Plaintiffs V. JENNIFER L. AUGHENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED 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 notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas an contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes pare usted. LLEVE ESTA DEWNDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RICHARD MARTIN, JR. & NANCY MARTIN, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. AUGHENBAUGH, Defendant NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, RICHARD MARTIN JR., and NANCY MARTIN, his wife by and through their attorney, SHOLLENBERGER 8, JANUZZI, LLP, and does respectfully represent the following: 1. The Plaintiff, Richard Martin, Jr. , is an adult individual who currently resides at 275 Carlisle Avenue, Enola, Cumberland County, Pennsylvania 17070. 2. The Plaintiff, Nancy Martin is an adult individual who currently resides at 275 Carlisle Avenue, Enola, Cumberland County, Pennsylvania 17070. 3. The Plaintiffs, Richard Martin Jr. and Nancy Martin, are now and were on and before September 23, 1997 husband and wife. 4. The Defendant, Jennifer L. Aughenbaugh is an adult individual whose last known address is 483 Windy Hill Road, P.O. Box 283 Shermansdale, Perry County, Pennsylvania 17090. 5. The facts and circumstances hereinafter set forth took place on September 23, 1997, at or about 4:41 P.M. at the intersection of Lemoyne Drive and State Road 0011 East Pennsboro Township, Cumberland County, Pennsylvania. J 51101,11: NBRRGLR S JANUZZI, 1.111 16:0 UNG11.5 rOWN ROAD • P.O. BOX 60515 -I [ARRISBURG. PA V 1Ub 555 (7I7) JaJ7C0 • 17AX (7M JI NN: 6. At all times relative hereto, the Defendant, Jennifer L. Aughenbaugh , was the owner and operator of a 1992 Ford Aerostar XL, bearing registration plate YEY094. 7. At the aforesaid time and place, Plaintiff, Richard Martin, Jr., was operating a 1988 Ford Bronco II, registration plate number ALK9422, in a Northbound direction on State Road 0011 approaching with the right of way the intersection of Lemoyne Drive. 8. At the aforesaid time and place, Defendant, Jennifer L. Aughenbaugh, was operating the aforementioned 1992 Ford Aerostar XL, registration plate number YEY094, in a Westbound direction on Lemoyne Drive, approaching that road's intersection with State Road 0011 where a clearly marked stop sign is located. 9. At the aforesaid time and place, Defendant, Jennifer L. Aughenbaugh, while traveling west came to the stop sign on Lemoyne Drive, but failed to stop as required by law in the Motor Vehicle Code of the Commonwealth of Pennsylvania Title 75 Section 3323 (b) Stop Signs and Yield Signs, as she attempted to cross State Road 0011 and traveled directly into the path of the vehicle traveling north on S.R. 0011 being operated by Plaintiff, Richard Martin Jr. resulting in a collision between the two vehicles. 10. As a result of the aforesaid collision, Plaintiff, Richard Martin Jr. has suffered serious and permanent injuries, including but not limited to the following: (a) Chronic and severe hyper-extension flexion injury of the cervical spine Resulting in a severe strain and sprain of ti,,- muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Chronic sprain and strain of the thoracic region with radiculits; (c) Chronic and severe cervical myofascitis; (d) Chronic and severe cervicalgia (e) Mental and physical anguish; and (f) Shock to the nerves and nervous system. 2 51 I0111*NIU RU X KJANU%LI. 1.1.1' I B:p IJNGIL51'OU'N NOAIL I!0.110%bC5?5?IlANN110UNG, PA Vlp?-05?5 pln DbllW ? PAX PI?:)4tla: 11. As a direct and proximate result of the aforesaid injuries, Plaintiff, Richard Martin, Jr. has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Richard Martin, Jr. has suffered and may continue to suffer a loss of earnings for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Richard Martin, Jr. had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Richard Martin, Jr. has and/or may in the future incur a loss of earning capacity for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Richard Martin, Jr. has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Richard Martin, Jr. has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 17. As a further result of this collision, Plaintiff, Richard Martin, Jr. has and/or may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. Plaintiff is covered by the full tort option under his motor vehicle insurance policy with State Farm Insurance Company. A copy of the declaration page is attached hereto as Exhibit "A". 3 $1 IOL11;NBPRGP.R k JANUJ%1, LIP IN2011NGLLs,rowN ROAD. P.O. BOX 60545. HARRISBURG, PA 1736 5U Ql n 234-3700. PAX Qln 234-823.' 19. As a further result of this collision, Plaintiff, Richard Martin Jr.'s 1988 Ford Bronco II was totaled as a result of the September 23, 1997 motor vehicle collision. 20. As a further result of this collision, Plaintiff has sustained a loss of use of his 1988 Ford Bronco Il. COUNT! Richard Martin. Jr., v Jennifer L Aughenbauah 21. Paragraphs 1 through 20 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 22. The aforesaid collision was a direct and proximate result of the negligence of Defendant, Jennifer L. Aughenbaugh, in operating her vehicle in a careless, reckless and negligent manner as follows: (a) In failing to observe Plaintiff Richard Martin's vehicle traveling North on SR 0011; (b) In failing to exercise the high degree of care required of a motorist entering an intersection; (c) In attempting to enter an intersection when such movement could not be safely accomplished; (d) In crossing in such a manner as to endanger other vehicles on the highway; (e) In failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; (f) In failing to observe oncoming traffic; (g) In proceeding through an intersection when such movement could not be made in safety; (h) In failing to keep a proper look-out for approaching vehicles; (i) In failing to yield the right-of-way to on-coming traffic; and (j) In failing to yield the right-of-way to the vehicle being operated by the Plaintiff Richard Martin when that vehicle was approaching on another 51101-LFNRERGERAjANVZZI. LLP 1910 LINGLESTOWN ROAD • P.O. RO%60345 • I IARRISRURG, PA 1710 555 (717) 234-37M a FAX (117) 154-9111 roadway so closely as to constitute a hazard during the time when Defendant was moving her vehicle across or into the intersection in violation of Section 3323 (b) of the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff, Richard Martin Jr. demands judgment against the Defendant, Jennifer L. Aughenbaugh, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II Nancy Martin v. Jennifer L Auahenbauah 23. Paragraphs 1 through 22 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. As a further result of injuries sustained by his wife, Plaintiff, Nancy Martin, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to his great detriment and loss for which damages are claimed. WHEREFORE, Plaintiff, Nancy Martin, demands judgment against the Defendant, Jennifer L. Aughenbaugh, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: January 3, 2000 51 IOLLGNIIRGIiN S IANU%21. LIT IM LINGUI:S'IOWN RIIAU 0 I!0. IIOX 6.315• I IANN611CNG. PA 17IWLS4f (717) ZJb?W • FAX (717) .134 8.11.1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN I, Richard E. Martin, Jr. beine duly sworn according to law deposes and says that I am the Plaintiff in the foregoing action; that the facts and allegations contained herein are based upon facts given by me to my counsel and are true and correct to the best of my knowle.ge, information, and belief; that the language of said Complaint is that of my counsel and that I have relied upon counsel in makins this Complaint based Loon my information. Sworn to and subscribed before me, a Not Public, this o7'""`dav of o?071d ,-F9 J 1 UF50bAFMAVT SH0LLENBERG Ei t ixNizzi. ur F ;,.... ?1 ?.-> ? m ``? u V ' I ? ? \ ? V ., y ?J 1 .? N ? S o g rc n N $ a w $ d W a m m O x ,- wna?n • ?on?n • iaain• n?ncl : ow rvuoa" 71n TooLLYHYLW yYL?Tr fo Nwfwav Ton 3trta-'rly SHOLLENBERGER & JANUZ?I, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff Richard Martin, Jr. and Nancy Martin, his wife, Plaintiffs V. Jennifer L. Aughenbaugh, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMM M.0 To the Prothonotary: Please issue a Writ of Summons against the above-listed Defendant at the following address: Jennifer L. Aughenbaugh 483 Windyhill Road Shermansdale, PA 1709C Respectfully submitted, SHOLLEN.BERGER & JANUZZI, LLP By: #34343 Dated: August 10, 1999 Commonwealth of Pennsylvania County of Cumberland Richard Martin, Jr, and Nancy, his wife lL Jennifer L. Aughenbaugh 483 Windyhill Road Sherniansdale, PA 17090 To ___Jennifer_L._ Aughenbaugh______________ Court of Conunon Pleat 99-4855 Civil Tenn ly In Action - Law You are hereby notified that -------Richard Martin,- Jr__ and-NancY_ M@rtirL, ??_N @___________ the Plaintiff ha commenced an action in ------ SUMQ[LS._=_Cimil_ ACtiM-=-I3b'________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date ________Auant_11 __________ 19_99 -------CUR1 5- R1 _Kx1Cx------------------------ Prothono ry a ? ? argl' ° ? ? p?7' N trop 1 i N? i .? i AC C a O I h N p?j I ?' W? a Ll LO S ?a {? 1 £ 11 N ? o Oy 1 ,? ? ?1 OV j ? C 1 1 I o U)-1O Zi ? i UI I. U) -1 W In In 0 1 O r wCD 0 n 01M I C 1}?I M t` 10 ~ SHERIFF'S RETURN - OUT OF COUNTY AMENDED CASE NO: 1999-04855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN RICHARD JR ET AL VS. AUGHENBAUGH JENNIFER L R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: AUGHENBAUGH JENNIFER L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania. to serve the within WRIT OF SUMMONS On August 23rd, 1999 , this office was in receipt of the attached return from PERRY County, Pennsylvania. Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 8.00 Ft? I omas ine, 5 eri Dep. Perry Co 32.00 X04 SHOLL NBBE9RGER & JANUZZI 08/239 Sworn and subscribed to before me this 13ut day of 1999 A. D. ?/ rrouo oii nuua`y`,I 1A Y In The Court of Common Pleas of Cumberland County, Pennsylvania Richard Martin, et. al. VS. Jennifer L. Aughenbaugh No. 99-4855 Civil Now, 8/12/99 = 19,_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of pE, r .y County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of 19 19_, at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA Versus Jennwer L. Aughenbaugh No. 9 855 SHERIFF'S RETURN 'And now August 18 ,1999: Served the within name Jennifer L. Aughenbaugh the defendant(s) named herin, personally at her place of residence in Carroll Twp. 'Perry County, PA, on August 18, 1999 at 11:35 o'clock AM by handing to Jennifer L. an adult member of family 1 true and attested Aughenbaugh copy(ies) of the within Writ of Summons and made known to her the contents thereof Sworn and subscribed to before me this /J''4 day of _ Ai,e.. s /9ss So answers, NOTARIAL SAL ftmwasw &ANN A. BARCLAY, NpMry Public eriPerry County $b=jj@ d Boro, hrry Coumy, PA My Crxmbdon Expim June 19, 2000 Richard Martin Jr. & Nancy Martin IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH Jefferson J.Shipman, Esquire I.D. X: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RICHARD MARTIN, JR., and NANCY MARTIN, his wife, Plainitffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JENNIFER L. AUGHENBAUGH, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 99-4855 CIVIL JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-referenced matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. 4to ers on J. Ship n, Esquire rney I.D. 517 5 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2 34-4 161 Attorneys for Defendant DATE: February 8, 2000 38593.1 CERTIFICATE. OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, via Certified Mail, No. Z 215 799 152, in Harrisburg, Pennsylvania, on February 8, 2000: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17116-3700 GOLDBERG, KATZMAN & SHIPMAN, P.C. qI erson j . Ship an, Esqui• e .51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 38594.1 I Jefferson J.Shipman, Esquire I.D. p: 51785 GOLDBERG, HATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Taiephone: (717) 234-4161 Attorneys for Defendant RICHARD MARTIN, JR., and IN THE COURT OF COMMON PLEAS OF NANCY MARTIN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW JENNIFER L. AUGHENBAUGH, NO. 99-4855 CIVIL Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Richard Martin, Jr., and Nancy Martin, his wife YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & S HIPMAN, P.C. J flersdrn J. Ship an, Esq A torney I.D. 517 5 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: February 18, 2000 39430.1 Jefferson J.Shipman, Esquire I.D. M: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RICHARD MARTIN, JR., and IN THE COURT OF COMMON PLEAS OF NANCY MARTIN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW JENNIFER L. AUGHENBAUGH, NO. 99-4855 CIVIL Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jennifer L. Aughenbaugh, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 3 and the same are, therefore, denied. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 7 and the same are, therefore, denied. 8. Admitted. 9. Denied. The averments in Paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 10, subparagraphs (a) through (f) and the same are, therefore, denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 11 and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 12 and the 2 same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 13 and the same are, therefore, denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 14 and the same are, therefore, denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 15 and the same are, therefore, denied and strict proof demanded at the time of trial. 16. Denied. The averments contained in Paragraph 16 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 17. Denied. The averments contained in Paragraph 17 are conclusions of law and fact to which no response is required. If 3 L? VERIFICATION I, Jennifer L. Aughenbaugh, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. ennif L. u enbaugh DATE: ?S'do 38890.1 a response is deemed to be required, the averments contained therein are specifically denied. 18. Denied. The averments contained in Paragraph 18 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 19. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 19 and the same are, therefore, denied. 20. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 20 and the same are, therefore, denied. COUNT I Richard Martin. Jr. v. Jennifer L Auahenbauah 21. That the answering Defendant incorporates herein by reference his answers to paragraphs 1 through 20 above as through fully set forth herein at length. 22. Denied. The averments contained in Paragraph 22, subparagraphs (a) through (j) are conclusions of law and fact to 4 which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a). It is specifically denied that the answering Defendant was negligent in failing to observe Plaintiff's vehicle; (b). It is specifically denied that the answering Defendant failed to exercise the high degree of care required of a motorist entering an intersection; (c). It is specifically denied that the answering Defendant was negligent in attempting to enter the intersection when such movement allegedly could not be made safely; (d) It is specifically denied that the answering Defendant crossed the intersection in such a manner as to endanger other vehicles on the highway; (e). It is specifically denied that the answering Defendant failed to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; (f). It is specifically denied that the answering Defendant failed to observe on-coming traffic; 5 (g)• It is specifically denied that the answering Defendant proceeded through an intersection when such movement could not be made in safety; (h). It is specifically denied that the answering Defendant failed to keep a proper lookout for approaching vehicles; (i). It is specifically denied that the answering Defendant failed to yield the right-of-way to oncoming traffic; and (j). It is specifically denied that the answering Defendant failed to yield the right-of-way to the vehicle being operated by the Plaintiff when that vehicle was approaching allegedly in violation of §3323 (b) of the Motor Vehicle Code. WHEREFORE, the Defendant, Jennifer L. Aughenbaugh, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. 6 COUNT II Nancy Martin v. Jennifer L Aughenbaugh 23. Answering Defendant incorporates herein by reference her answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 24. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 24 and the same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the answering Defendant, Jennifer Aughenbaugh respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 25. That the Plaintiffs' injuries and damages, if any, were not caused by any act, omission or breaches of duty of answering Defendant. 26. That the Plaintiffs' Claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et seg., and by the Doctrine of Comparative Negligence. 7 27. That the Plaintiff, Richard Martin, Jr., failed to exercise reasonable care for his own safety under the circumstances then and there existing. 28. That the Plaintiff, Richard Martin, Jr., was comparatively negligent and failed to exercise reasonable care for his own safety which comparative negligence included, without limitation, the following: (a). Failing to maintain control of his vehicle; (b). Failing to drive his vehicle at a safe speed; (c). Operating his vehicle without due regard for the rights, safety and position of other vehicles on the roadway; (d). Failing to maintain a proper look-out; (e). Traveling too fast for conditions then and there existing; (f). Being inattentive to the conditions then and there existing; and (g). Failing to stop within the assured clear distance ahead. 29. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. 8 30. That any damages the Plaintiffs may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sec. 31. That the Plaintiffs' claims may be limited or barred by the "limited tort" option pursuant to 75 Pa. C.S.A. §1705, et seq. 32. That the accident and any injuries sustained by Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 33. That if it should be found that there was any negligence on the part of the answering Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 34. That the accident may have been caused by an intervening supercedin.g cause. 35. That the accident and any resulting injuries of the Plaintiffs may have been caused in whole or in part of a sudden emergency. 36. That the action may be barred by the Statute of Limitations. 9 WHEREFORE, the answering Defendant, Jennifer L. Aughenbaugh, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. f C-MVson J. Ship n, Esquire Forney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 38871.1 10 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, via Certified Mail, No. Z 215 744 152, in Harrisburg, Pennsylvania, on February 18, 2000: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP P.O. Box 60545 Harrisburg, PA 17116-3700 GOLDBERG, KATZMAN & SHIPMAN, P.C. J fferson J. Shipm,n, Esquire I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 38594.1 :-, _ ?. :? SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number. (717) 234-8212 RICHARD MARTIN, JR. & NANCY MARTIN, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. AUGHENBAUGH, Defendant NO. 99.4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiffs, Richard Martin, Jr., and Nancy Martin, his wife, does respectfully respond to the Defendant's new matter as follows: 25. Paragraph 25 of the Defendant's New Matter is in the nature of a conclusion of law and to that extent requires no answer. To the extent that an answer is required, said averment is denied pursuant to Pa. R.C.P. 1029 (e). 26. Paragraph 26 of the Defendant's New Matter is in the nature of a conclusion of law and to that extent requires no answer. To the extent that an answer is required, said averment is denied pursuant to Pa. R.C.P. 1029(e). 27. Paragraph 27 of the Defendant's New Matter is in the nature of a conclusion of law and to that extent requires no answer. To the extent that an answer is required, said averment is denied pursuant to Pa. R.C.P. 1029(e). 28. Denied. On the contrary. It is specifically denied that Richard Martin was comparatively negligent or failed to exercise reasonable care for his own safety. It is further specifically denied that Plaintiff, Richard Martin, Jr., failed to maintain control of his vehicle; failed to drive his vehicle at a safe speed; operated his vehicle without due regard for the rights, safety and position of other vehicles on the roadway; failed to maintain a proper lookout; traveled too fast for conditions then and there existing; was inattentive to the conditions then and there existing; and failed to stop within the assured clear distance ahead. 29. Paragraph 29 of the Defendant's New Matter is in the nature of a conclusion of law and/or ultimate issue of fact for the jury and to that extent requires no answer. To the extent an answer is required, said averment is denied pursuant to Pa. R.C.P. 1029(e). 30-36 Paragraphs 30-36 of the Defendant's New Matter are in the nature of a conclusion of law and to that extent requires no answer. To the extent that an answer is required, said averment is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor as a matter of law and that the New Matter of Defendant Aughenbaugh be dismissed with prejudice. S BI 2 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff RICHARD MARTIN, JR. & NANCY MARTIN, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. AUGHENBAUGH, Defendant NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 22nd day of February, 20001 hereby certify that I have served the following Answer to New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esq. Goldberg, Katzman & Shipman, P.C. P. 0. Box 1268 Harrisburg, Pa. 17108-1268 Respectfully submitted, By: & JANUZZI, LLP Dated: February 22, 2000 ._ ? , ., ` ? :i - ?. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMHON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 HCS on behalf of _ JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERS N J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179965 2 6 9 5 ES- COMMONWEALTH OF P E NN S YLVAN TA COUNTY O EP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL -VS- JENNIFER L. AUGHENBAUGH TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 2 6 9 5 8- C 0 1 »> LOCATION LIST <<< PAGE: RECORDS REQUESTED LOCATION NAME OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN FAGS MEDICAL , HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR. M.D. MEDICAL , HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 2 6 9 5 8- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS JENNIFER L. AUGHENBAUGH File No. 99-4855 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: KUNKLE ASSOCIATES (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: SF.E ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID": ATTORNEY FOR. THE DEFENDANT BY THE COURT: DATE 0A, -,j a0 ?2&M Prothonnota Cle Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KUNKLE ASSOCIA'T'ES 500 BRANDT AVENUE NEW CUMBERLAND, PA 17070 RE: 26958 RICHARD E. MARTIN, 1R. ANY AND ALL RECORDS Subject : RICHARD E. MARTIN, JR 317 ElGErFH STREEP, NEW CUMBERLAND, PA 17070 Social SecurityA 187-449470 Date of Birth: 01-01-1955 SII10-244976 2 6 9 5 8_ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: RICHARD MARTIN, JR., ET AL -VS- JENNIFER L. AUGHENBAUGH COURT OF COMMON PLEAS TERM, CASE NO: 99-4855 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179966 2-69.5S-T-02- COMMONWEAI-TH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL -VS_ JENNIFER L. AUGHEN3AUGH TERM, CASE 140: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ] TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 Any questions regarding this matter, contact MCS on behalf of _ JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 26958-C01 >>> LOCATION LIST <<< r V„ a w,4umaILU LOCATION NAME PAGE: OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FACS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., H.D. MEDICAL HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 Z 6 9 5 8- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS JENNIFER L. AUGHENBAUGH File No. 99-4855 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GARY J. LEIDY, D.C. (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: _ SEE ATTACHED at _ MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the panv making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS:- 320 MARKET STREET. P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE. (215) 246-0900 SUPREME COURT ID ATTORNEY FOR: THE DEFENDANT BY THE COURT: J/ DATE //mot 2aw_ 2e.-y) n Prothonotary/CI i, ivil Division ?JtH_r?_ . Ct. 7LuF?2w T7 Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. LEIDY 433 N. ENOLA ROAD ENOLA, PA 17025 RE: 26958 RICHARD E. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security A 187-449470 Date of Birth: 01-01-1955 SO10-244978 26958-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE NATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT DE11-179967 26958-L03 C OMMO NWEAL T H OF P E N N S YLVAN I A COUNT Y OF CUMB E KLAN D IN THE NATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL -VS- JENNIFER L. AUGHENBAUGH TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04125/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 2 6 9 5 8- C O 1 >>> LOCATION LIST <<< PAGE: OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FACS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., H.D. MEDICAL HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 2 6 9 5 8- G O 1 CONINIONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS File No, 99-4855 JENNIFER L. AUGHENBAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: RRrIrr run's.... .. Within twenty (20) days after service of this sub things: at (Name of Person or Fstity) are ordered by the court to produce the following documents or CHED SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenh (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 'FAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID r: ATTORNEY FOR: THE DEFENDANT BY THE COURT: DATE nd?:Q j ,7n -(i•?I ? /?exa r ?? Pmthonotuy/Grerk Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. BRUCE GOODMAN, FACS 1515 N. FRONT STREET HARRISBURG, PA 17102 RE: 26958 RICHARD E. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security A 187-449470 Date of Birth: 01-01-1955 SU10-244980 26958-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/1512000 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DE11-179968 2 6 9 5 8- L 0 4 COMMONWEALTH 0F P E N N S YL VAN T A. COUNTY O Er C UMB E RLAN D 1N THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ] TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 Any questions regarding this matter, contact MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 2 6 9 5 8- C O 1 >>> LOCATION LIST <<< PAGE: OTHER MEDICAL KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FACS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., H.D. OTHER HORNE CHIROPRATIC CENTER RICHARD MEDICAL CENTER DE02-120069 26958-C01 COMNION744'EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS File No. 99-4855 JENNIFER L. AUGHENBAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL ' (.game of Person or Entity) Within twenty (20) days after sen•ice of this subl things: are ordered by the court to produce the following documents or CHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID r: ATTORNEY FOR: THE DEFENDANT BY THE COURT: DATE 6 2 le-yy Prothonnota yC,lek Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 26958 RICHARD E. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security A 187-449470 Date of Birth: 01-01-1955 SUIO-244982 26958-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SNIP MAN, ESQUIRE defendant certities that (1) A notice of intent to nerve the subpoena with a copy of the subpoena attached thereto was smiled or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT DE11-179969 2 6 9 5 8- L 0 5 S YL VAN IA C OMMO NWEAL T H OF PENN COUNTY OF C UMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL VS_ JENNIFER L. AUGHENSF.UGH TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ) TO: TIMOTHY A. SHOLLENHERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04125/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DEOZ-120069 2 6 9 5 8- 0 0 1 >>> LOCATION LIST <<< PAGE: ....0 6 NlzJ16L LOCATION NAME OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FACS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETNORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., M.D. MEDICAL HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 2 6 9 5 8- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS File No. 99-4855 JENNIFER L. AUGHENBAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CONTINENTAL THERAPY NET'W'ORK (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: SFF ATTACHED at MCC GROUP INC 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (.Address( You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party ser ?ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET. P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID :: ATTORNEY FOR: THE DEFENDANT DATE _ ? a i,?t I -L-11 BY THE COURT: Prothonwary/ erk, Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONTINEWAL'TIIERAPY NETWORK 1515 NORTI-I FRONT STRELT HARRISBURG, PA 17102 RE: 26958 RICHARD E. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security//-. 187-44-9470 Date of Birth: 01-01-1955 SII10-244984 26958-L. 05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179970 2-6958-L.06 COMMONWEALTH OF P E N N S YLVAN = A COUNTY OF CUMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL -VS- JENNIFER L. AUGHENBAUGH TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TIHOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/2512000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 2-69!58-C03- >>> LOCATION LIST <<< PAGE: ---'-- LOCATION NAME OTHER MEDICAL KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FRCS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL. THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., H.D. OTHER HORNE CHIROPRATIC CENTER RICHARD MEDICAL CENTER DE02-120059 2-69.5a-Col COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS File No. 9-4855 JENNIFER L. AUGHENBAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CONSERVATIVE CARE QUALITY ASSURANCE (.Name of Person or Entity) Within nventy (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE H at . MCS GROUP INC 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO'W'ING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS:_ 320 MARKET STREET P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID `: ATTORNEY FOR: THE DEFENDANT BYTHECOURT: ?.,.r,_: DATE _ 044j .?h 7tZro Prut?otary/Clerk ivil Division Q ht.tn U 1 Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONSERVATIVE CARE QUALITY ASSURANCE & JOHN REID, DO P.O. BOX 558 HAYFIELD, MN 55940 RE: 26958 RICHARD E. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security N: 187.44-9470 Date of Birth: 01-01-1955 SU10-245110 2-6958-L 06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.221F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/15/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179971 269.58-L.07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CLJL IBERLAND 117 THE MATTER OF: RIC'r_4.RD MARTIN, JR., ET AL -vS- JEt:!I:ER L. AUGHENBAUGH COURT OF COMMON PLEAS TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ) TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 Any questions regarding this matter, contact MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 26958-C01 >>> LOCATION LIST <<< PAGE: " S J1cu LOCATION NAME OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FACS YWDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., H.D. MEDICAL HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 2 6 9 5 8- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS JENNIFER L. AUGHENBAUGH File No. 99-4855 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: KENNETH R. HARM, JR., M.D. (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: _ SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA "'AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ATTORNEY FOR: THE DEFENDANT BY THnE COURT: JJ? DATE Cr17c?? ?U ,2 G1z) Proth//onotyay/CI k Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KENNLTII HARM, JR., M.D. 1830 GOODHOPE ROAD GOOD HOPE FAMILY PC ENOLA, PA 17025 RE: 26958 RICHARD E. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Soda] Security A 187-449470 Date of Birth: 01-01-1955 SU10-244988 26958-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4655 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009-22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05115/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179972 2-6958-L.08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD MARTIN, JR., ET AL _VS_ JENNIFER L. AUGHENBAUGH COURT OF COMMON PLEAS TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 26958-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FACS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARK, JR., M.D. MEDICAL HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 2 6 9 5 8- C O 1 COMMONIVrEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS File No. 99-4855 JENNIFER L. AUGHENBAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HORNE CHIROPRACTIC CENTER (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: _ qFF ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address( You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepwing 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 t is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOVYING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ATTORNEY FOR: THE DEFENDANT DATE 4.;? 1v 2emy BY THE COURT: ?j Ct.?? 1[ . L ewnTs 1. ' Pmthonotary/CleN, C &il Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HORNE CHIROPRATIC CENTER 1105 SCALP AVENUE JOHNSTOWN, PA 15904 RE: 26958 RICHARD L. MARTIN, JR. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security #: 187-449470 Date of Birth: 01-01-1955 SII10-244990 26958-L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.221F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05115/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-179973 2-6 9 5 8- L 0 9 CO1-1MONWEA1,TH OF PENNSYI-VAN2A COUNTY OF CUMB E KLAN D IN THE NATTER OF: COURT OF COMMON PLEAS P.IC?ARD MARTIN, JR., ET AL _VS_ JENNIFER L. AUGHENBAUGH TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ] TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/25/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120069 2 6 9 5 8- C 0 1 >>> LOCATION LIST <<< PAGE: RECORDS REQUESTED LOCATION NAME OTHER KUNKLE ASSOCIATES MEDICAL DR. LEIDY MEDICAL DR. BRUCE GOODMAN, FAGS MEDICAL HOLY SPIRIT HOSPITAL MEDICAL CONTINENTAL THERAPY NETWORK MEDICAL CONSERVATIVE CARE QUALITY MEDICAL KENNETH HARM, JR., H.D. MEDICAL HORNE CHIROPRATIC CENTER OTHER RICHARD MEDICAL CENTER DE02-120069 2 6 9 5 8- C 0.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN, JR., ET AL VS File No. 99-4855 JENNIFER L. AUGHE\BAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: RICHARD MEDICAL CENTER (.dame o(Person or EnFn•) Within twenty (20) days after service of this subs things: are ordered by the court to produce the following documents or .CHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OFTHE FOLLOWING PERSON: NAME JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT 1D ATTORNEY FOR. THE DEFENDANT BY THE COURT: r?,.. t 2 1 DATE ?n<- 020 Je y Pmthonotary/ rk ivil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RICHARD MEDICAL CENTER 1503 SCALP AVENUE JOHNSTOWN, PA 15904 RE: 26958 RICHARD E. MARTIN, 1R. ANY AND ALL RECORDS Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 dal Security & 187-449470 .."t u' Birth: 01-01-1955 SU10-244992 26958-L09 [._ : . 0 o v LAW OrrICZ8 GOLI BERG, KATZMAN & SHIPMAN, P.C. 080 MARKET STRCCT . STRAWDRRRY SOUARK P. O. Box 1000 HARRISBURG. PENNSYLVANIA 17108.1888 Jefferson J. Shipman, Esquire I.D. No. 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants, Re/Max Realty Associates, Inc. and David Smolizer JOHN KISNER, SR. and : IN THE COURT OF COMMON PLEAS PATSY KISNER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. RE/MAX REALTY ASSOCIATES, INC., DAVID SMOLIZER, CARRIE M. METGZER Defendants No. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO CROSS-CLAIM AND NOW, come the Defendants, Re/Max Realty Associates, Inc., and David Smolizer, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and file the following Answer to Cross- Claim of Defendant, Terrie M. Metzger: 49. The answering Defendants incorporate herein by reference their Answer and New matter as if fully set forth herein at length. 50. Denied. The averments contained in Paragraph 50, subparagraphs (a) through (f), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained there are specifically denied. By way of further response, it is specifically denied that the answering Defendants were negligent in any manner. 51. Denied. The averments contained in Paragraph 50 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. WHEREFORE, the Defendants, Re/Max Realty Associates, Inc., and David Smolizer, respectfully request that judgment be entered in their favor and that any all claims being asserted against them be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P. C. 4,7e n J. Shipma , Esquire #. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants, Re/Max Realty Associates, Inc., and David Smolizer 4ERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or deni-d in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. J ff ons J. Shipman DATE: May 19, 2000 <^j ,sir CERTIFICATE OF SERVICE I 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 at Harrisburg, Pennsylvania, with postage prepaid, first-class delivery and addressed as follows: Larry L. Miller, Esquire Miller & Miller 1423 State Road Duncannon, PA 17020 Douglas B. Marcello, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 DATE : S I (q l a? GOLDBERG, KATZMAN & SHIPMAN, P.C. 4oA ersonShipma Esquire rney I.D. 51785 5 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Re/Max Realty Associates, Inc. and David Smolizer !: ??? C ? i:'. F'. ui i.._' ? 1 l' ' ? ? . 1 .. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/0312000 Al PERSON Y/ SHIP ESQUI] Attorney for DEFENDANT DE11-199034 2-6958-L.3-0 C OMMO NWEA L T H OF P E N N S YL VAN I A COUNTY OF C UMB E RI A N D IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL -VS- JENNIFER L. AUGHENBAUGH TERM, CASE NO: 99-4855 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS NORMAN H. WOLDORF, M.D. MEDICAL, BILLING, AND X-RAY(S) TO: TITIOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/14/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 Any questions regarding this matter, contact MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-127744 2 6 9 5 8- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD E. MARTIN, JR., ET AL VS File No. 99-4855 JENNIFER L. AUGHENBAUGH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NORMAN M. H'OLDORF, M.D. (Name of Person or Entin•) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SFF ATTAf'HFD at MCS GROUP INC., 1601 MARKET STREET, 11800, PHILADELPHIA, PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenh• (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLL06VING PERSON: NAME JEFFERSON I. SNIP AN SO ADDRESS: 320 MARKET STREET. P.0 BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE (91 %) ?aA-nanD SUPREME COURT IDr: ATTORNEY FOR. THE DEPENDENT DATE y o2(ny 08/03/2000 BY THE COURT: Prothonotary er Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NORMAN M. WOLDORF, M.D. 205 GRANDVIEW AVE CAMP HILL, PA 17011 RE: 26958 RICHARD E. MARTIN, JR. INCLUDE RECORDS FROM INTIAL VISIT TO THE PRESENT, BUT NOT LIMITED TO DOCTOR'S REPORTS/RECORDS, NURSES' NOTES, HOSPITAL RECORDS, EMERGENCY ROOM RECORDS, PHYSICAL THERAPY RECORDS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security #: 187-44-9470 Date of Birth: 01-01-1955 SU10-258466 26958-L10 o N g r CID r. uJ r lL L? C-3 U PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( XX) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) RICHARD MARTIN, JR., and NANCY MARTIN, his wife, (Plaintiff) VS. JENNIFER L. AUGHENBAUGH, (Defendant) VS. (check one) ( ) Assumpsit (XX) Trespass ( ) Trespass (Motor Vehicle) (other) I , The trial list will be called on June 12, 2001 and Trials commence on July 9, 2001 Pretrials will be held on June 20, 2001 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. _4855__ Civil 19 99 Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire, for the Defendant Indicate trial counsel for other parties if known: Timothy A. ShollenbergezLEsguire for the Plaintiffs This case is ready for trial. 12 Signs &-+Jefferspm J. Shipman Print Name: 4/3/01 Defendant Date: Attorney for: -.i ?_ ?.,-i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ( MCS n be if Lam. /?7- DATE: 04/17/2001 ERSQ J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-246475 2.6 9 58 -L 1 1 COb'MONWEALTH OF PENNSYLVANIA COUNTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH FAIRVIEW TOWNSHIP EMPLOYMENT HARLEYSVILLE INSURANCE COMPANY INSURANCE TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned as objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your erpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/26/2001 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFEN " Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET l800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-148425 26958-C03L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD MARTIN JR. , ET AL VS File No. gq_4A55 JENIFER AUGHEHBAMH SUBPOENA TO PRODUCE DOCUME\TS OR THINGS FOR DISCOVERY PURSUAI?'1 TO RULE 4009.11 TO: CUSTODIAN OF RECORDS FOR- t:ATDVT9,' m...... •..._.. (!lame of Pen__ r :ssen) Within rvea:y (20) days after service of this things: SEE subpoena, you are ordered by the court to produce the following documents or t ATTACHED at 16U -MARKET ST. I/800 PHILA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the seasonable cost of preparing the copies or producing the things sought. If you fail to roduce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with ii THIS SLBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIyfE JEFFERSON J SHIPMAN ESO ADDRESS: PO BX 1268 HARRISBURG PA 17108 TELEPHON_ 21 5_9 .6_ngnn SUPRE.%fE COURT ID #: ATTORNEY FOR: DEEENDANT BY COURT- DATE Ma,2, ? lvn l ?/ na r Prathonotary/t?I=k,,f it Division LJe rv Seal of the Court (Eff. i/977) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAIRVIEW TOWNSHIP 599 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 RE: 26958 RICHARD E. MARTIN, JR. Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security #- 187-44-9470 Date of Birth: 01.01-1955 SU10-296702 26958-1, 11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04117/2001 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DE11-246476 2 6 9 5 8- 1-1 2 C ODOR IO NWEAL T H OP P E N N S YLVAN = A COUNT W OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD MARTIN, JR., ET AL TERM, -VS- CASE NO: 99-4855 JENNIFER L. AUGHENBAUGH FAIRVIEW TOWNSHIP EMPLOYMENT HARLEYSVILLE INSURANCE COMPANY INSURANCE TO: TIMOTHY A. SHOLLENBERGER,ESQ. MCS on behalf of JEFFERSON J. SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/26/2001 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-897 MCS on behalf of JEFFERSON J. SHIM ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 NAREET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148425 2595B-COX COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL'LND RICHARD MARTIN JR., ET AL VS JENIFER AUGHENBAUGH File No. 99-4855 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009'r') TO: cl;SzQW AM nF gprnRTC RnR • 1]ADr FV CiTTT T F MTTTITAT TUCIIRAN( F (Name of Person or satin) Within rwe-:y (20) days after service of this subpoena, you we ordered by the court to produce the following documents or things: CFF ATTACHFD at , 1601 KAPAE" ST, ages, TLA PA 19103 MGS GROUP L?eoreysI You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate =compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the -easonable cost of preparing the copies or producing tht things smght. If you fail to =oduce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with ft THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIME -ai ADDRESS: TELEPHONE 215 246 0900 SL'PRE%fE COURT ID N: ATTORNEY FOR. BEFENBIhNIF BY COURT- DATE Prothonotarry/dck. Vv Division t ??rLa.O Ik YN Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARLEYSVILLE INSURANCE COMPANY 308 HARPER DRIVE PO BOX 1016 MOORESTOWN, NJ 08057 RE: 26958 RICHARD E. MARTIN, JR. RELATIVE TO ACCIDENT DATE 6/27/2000. CLAIM # M0080464 WORKERS COMP. CLAIM OF RICHARD E. MARTIN,JR. Any and all claims files. Dates Requested: up to and including the present. Subject : RICHARD E. MARTIN, JR. 317 EIGHTH STREET, NEW CUMBERLAND, PA 17070 Social Security N: 187-449470 Date of Birth: 01-01-1955 Date of Loss: 09/23/1997 SU10-296704 26 9 58 -1,1 2 '(1 ?JUe k4t4ch,nq.) ZY3-.42r2 J 2001_ S M TulyW T F -s August 2001 1 2 3 4 5 6 7 Admin 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 X q pz. l n d0. uil .san Sandy 41 Stiollenb¢?gdr -_September 2001 I_M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Tue Wed 31 S not i ?vj'? ?`p Ski 18 t Availa C5 t ail 9 °'y,3- yr, y ?g5 yam ' a - G-?aa x yy?a g li.y 7s- y ? N-Y ?I ? I af4erwo QfP aPP _ ? ?,ePu rttr l Its ?..t ?JUe Nt4chl.tq, 7Y3-e,272 "L(Pt Lt ? d•0. "?j Z,C-?rsan 5KIPl^n Shellenlael%g1r- S?% S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2001 SGn _?September 2001 S M T W T F S Admin -- Sun, Mon Tue 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I23 24 25 26 27 28 29 30 Wad Th.. 31 1 2 Jal 4 not avai N ailabl e 5 8 0 i 1 8 t Availa Avail 1 of vail 8A of A it le 8 of vail i 12 1 1 17 18 t ail ble 8A A tabl e 12 0 3 all 19 22 S 25 1 ^ y ?p7 it I ??N n Y- 0 I,t,'? - A10 - A Ap 26 27 2 g? 35 e ^y A ai a OS- Y 5 4-N S^y y 1R.y &-y N Y G• Y 1 3FPM Thi iccA ,, Ii J?? l0 ann I Ct.N - q?3p ?,er•e SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 RICHARD MARTIN, JR. & NANCY MARTIN, His Wife Plaintiffs V. JENNIFER L. AUGHENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO END, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: September 26, 2001 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs RICHARD MARTIN, JR. & NANCY MARTIN, His Wife Plaintiffs V. JENNIFER L. AUGHENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 26'h day of September, 2001, 1 hereby certify that I have served the following Praecipe to End, Settle and Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esq. 320 Market Street P. O. Box 1268 Harrisburg, Pa. 17108-1268 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys By: Dated: September 26, 2001 ?:, =?? ,_: ?_: =::; ?; ,, ?. l?_ '??!? Y _e OATH In The Court of Common Pleas of Cumberland County, Pennsylvania No . S?_ A- 19,717 we do sol-1y swear (or a:'firm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our office with fidelity. AWA We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 4-21.000'\?s Q l?ca?1 applicable.) Date of Hearing: '?- 29 01 Arbitrator, dissents. (Insert name - i_--Date of Award: Y-124 LM ?? NOTICE OF ENTRY Now, the a?J y of at L ?I'?,:1 award was entered upon the do ket and notice thereof given by ma parties or t%ei_ attorneys. /-) arbitrators' compensation to be paid upon appeal: s aqo•? the above to the cry -(b c. 4, - ,. Qc PI Pis, Col ? N ?? ? "` Ti Moth y. A . 5hvl I eN beraer -, 160() L; ivc?1? s F?c?.f Roacl R )68UZ l P4 / 7/eG t y . Sh ?maN 30a Mcirke+ 54feet' G. ?ox /a &8 PA- 17/Og R?. S11?IIe?b2t' er ARQ - chaVrMEN '° 0 ?-t t-, C' Brien , E, _ I? . SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 RICHARD MARTIN, JR. & NANCY MARTIN, His Wife Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. AUGHENBAUGH, Defendant NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enterjudgment in favor of the Plaintiffs and against the Defendant pursuant to the Award of the Arbitrators dated August 29, 2001 attached hereto as Exhibit "A". Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys foy'Plajptiff / Esq. Date: September 18, 2001 -- 08/30/01 THU 08:14 FAIL 717 240 8573 CLIMB CO FROTHONOTAU • 1 • 1 v ) OATa 002 In The-Court of Common Pleas of Cumberland County, ?ennsylvania 40 , , y ? 199q Ne do solemnly swear (or affirm)-chat ve will sunnort, obey and defend the constitution of the United States and the Constitution of this Common- wealch and char. we will discharge the duties of our of=ice with fidelity. AWARD We. the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Z I OOO ?uS ?K`4 S '?i"v+. vsV l 0 Gcwv we , 4 X1.2 Pri-? Ou ???9?Qa' ? \?.A ll.b\l ?71? (? (1 V 6tiAvnX 'fit- ?1 "'? a t?C applicable.) Dace of Rearing: '5'(2-9 01 Date of Award: ??29 IDO Arbitrator, dissents. (Insert name i` NOTICS OF MY= OF AWARD .. I/ Now. the a day oz , ??Qg? ac. l1-+•- award vas entered upon the do kec and notice thereof given by mai parties or caai= attorneys: /?) A n Arbitrators' comoensacioa to be paid upon appeal: a 9y - Q By: the above .to the Deputy (? n SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 RICHARD MARTIN, JR. & NANCY MARTIN, His Wife Plaintiffs V. JENNIFER L. AUGHENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4855 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 18'h day of September, 2001, 1 hereby certify that I have served the following PRAECIPE FOR ENTRY OF JUDGMENT on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esq. 320 Market Street P. 0. Box 1268 Harrisburg, Pa. 17108-1268 SI B, Dated: September 18, 2001 Respectfully submitted, :- -_ L f.... C ? 1 W V. ii_ J ,L U, ? _ ?'? C (> .]I