Loading...
HomeMy WebLinkAbout07-50451N TIIE COURT OF COMMON PLFA,S OF CUMBERLAND COUNTY, PENNSXLVANIA CYVYL. DIVISION WILLIAM FISHER 830 Magaro Road . Enola, PA 17025 FILE NO.: ~ 7 ' ~~ '~ ~ ~ r ~' + ft ~~` PLAINTIFF V. WILLIAM 7. POWERS 3810 Patrick Drive, #34 Colorado Springs, CO 80916 DEFENDANT CIVIL ACTION: PRAECIPE FOR SUMMONS TO TIC PROTHONOTARY/CLERYC OF SAID COURT: Issue summons in the above captioned action, which Writ of Summons shall be issued and forvvarded to Dater ~d from a motor vehicle Accident. Dusan Bratic, Esq. ID 19249 101 South US Route 15 Dillsburg, PA 17019 (717) 432-9706 SUMMONS IN CIVIL ACTION TO: William J. Powers 3810 Patrick Drive, #34 Colorado Springs, CO 80916 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST Y`O~T. Prothonotary/C erk, Civil ivisi Date: ~-3 a 0~ 7 by: ~-~ Deputy ~~ ~ ~~ ~ V V' W v ~~ Q n C`S r.~ a ~ C; ~ ;;; :~ "~ ~ ~ - --t s -„ _ ` a:e 1 ~~ - -i _ v_" _~ ...s { ~s. ~/ ~ c I r a-~ ~ ~O were r~~ d In the Court of Common Pleas of Cumberland County, Pennsylvania No. a ~ ~.~~ Civil. I9 To Prothonotary Attorn y for Plaintiff ~` ~'~,~i~~r,~-~.-- ~-~ ,.r ~ ~ n.,.: ~, ; .~~Y No. Term, 19 L tt ~ 7 ~ii 4~ SY' ! V i=~ ~~ ~ ~'4 ~ ire ~.l ~ _ ~ f' VJ• ~~~• ~~ ~~ I I I -1.~/ ~ O G L `h Filed PRAECIPE 19 Atty. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WII-LIAM FISHER PLAINTIFF V. ~ CIVIL ACTION: 07-5045 WILLIAM J. POWERS DEFENDANT AFFIDAVIT OF SERVICE I certify that I have forwarded a certified copy of Plaintiffs Writ Of Summons in Civil Action by depositing the same in the United States Mail, first class, certified, return receipt requested, restricted delivery, on November 9, 2007 addressed to: William J. Powers 3810 Patrick Drive, #34 Colorado Springs, CO 80916 and that the Certified Mail was returned marked refused and unclaimed. The Writ of Summons was also sent to Defendant at the same address via regular mail, which mail has not been returned and more than 15 days have elapsed since the mailing of same. I verify that the statements of this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating the unsworn falsification to authorities. BRATIC & PORTKO DATED: I;~. - ~? . a~ By: Dusan Bratic, Esq. ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff Sworn and subscribed before me on the date indicated above. /.~ ._ Notary Public COtv1MUNWfeAL1'H OF PENNSYLVANIA Notarial Seal Ronnetta S. Rider, Notary Public Diflsburg Boro, York County My Commission Expires Feb. 12, 2009 Member, Pennsylva,~la Association of Notaries C '~ __.: e.. " ' _f C) C3 ~ _~ ~ ~ ~ ;,.~ / V • ll f..~. ~J ('~~ ` ) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, NO. 07-5045 Civil Term v. PRAECIPE FOR APPEARANCE WILLIAM J. POWERS, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15998 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, v. NO. 07-5045 Civil Term WILLIAM J. POWERS, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, William J. Powers, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL, L.L.P. By: Kevin ID. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 24T" day of December, 2007. Dusan Bractic, Esquire Bractic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ' Cevin D. auch, Esquire ounsel for Defendant t) ~ p ~ ~ ~~' - c~ ~ ;~_~ T.r, n`t 1 r, i n i-;-~, :~~- :., - ~ ~:~ ~ ~: --~ ::~:_ p t tp ~ a . ..~ Q : ~ ,,~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, NO. 07-5045 Civil Term v. PRAECIPE FOR RULE TO FILE WILLIAM J. POWERS, COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15998 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, v. NO. 07-5045 Civil Term WILLIAM J. POWERS, (Jury Trial Demanded) Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, William Fisher, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEh L.L.P~ By: in D. Raluch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~~day of January, 2008. Dusan Bractic, Esquire Bractic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & KEEL, L.L,; P. By: vin D.~Rauch, Esquire unsel for Defendant Cs ~ c~ `.~ _ ~ ~,, -n ~~- r, ° c~ ~ -~ ~:~ --r, J,j: _ - rr~ =r,,~-, ~=' ....,,1 , ~ a. y C,. _..~~ w~ ,~ ~,, ' ' r. - c i ' > ~ ~;~ ` CJl ~~ 4 tF3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, v. NO. 07-5045 Civil Term WILLIAM J. POWERS, (Jury Trial Demanded) Defendant. RULE AND NOW, this ~7~' day of ~UQ,.r'V 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ~_ day of V(~rluary , 2008. P tary Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Dusan Bractic, Esquire Bractic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 WILLIAM FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM J. POWERS CIVIL ACTION: 07-5045 DEFENDANT JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Z LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is Corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos mportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 WILLIAM FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION: 07-5045 WILLIAM J. POWERS DEFENDANT JURY TRIAL DEMANDED NOW COMES the Plaintiff, William Fisher, by and through his counsel, Bratic & Portko and make the within Complaint against the Defendant, William J. Powers, as follows: 1. Plaintiff, William Fisher, is an adult individual residing at 830 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, William J. Powers, is an adult individual residing at 3810 Patrick Drive, #34, Colorado Springs, Colorado 80916. 3. The facts and occurrences hereinafter related took place on or about August 23, 2005 at or about 9:06 a.m. on Wertzville Road near Route 81, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, William Fisher, was the driver of a 1992 Chevrolet 5-10. 5. At the aforesaid time and place William Fisher was traveling west bound on Wertzville Road when William J. Powers, driving a 1998 Jeep Wrangler, attempted to make a left hand turn onto the ramp for entrance onto north bound Route 81, turning directly into the path of the Plaintiff, smashing into the front of the vehicle operated by William Fisher. 3 w 6. At the aforesaid time and place Defendant, William J. Powers, was the operator of a 1998 Jeep Wrangler, he exited South bound Route 81. he realized he had missed his exit, so he was trying to turn left onto the ramp to get back on Northbound Route 81. The vehicle operated by William Fisher was traveling west on Wertzville Road. Defendant, William J. Powers, indicated he had a green traffic signal at the intersection but did not have a left turn arrow. The vehicle operated by Defendant, William J. Powers, smashed into the front of the vehicle operated by Plaintiff, William Fisher, when Defendant suddenly attempted to turn left without waiting for oncoming traffic to pass by, which had the right of way. This impact pushed Plaintiffs vehicle off the roadway. 7. At that time and place the vehicle operated by Defendant, William J. Powers, was caused or allowed to go out of control smashing into the vehicle operated by William Fisher and causing the Plaintiff to sustain the serious injuries set forth below. 8. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant, William J. Powers, operated his vehicle as follows: (a) In failing to keep proper and adequate control over his vehicle; (b) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. Section 3714; (c) In failing to yield to oncoming traffic when turning left at a green light with no turning arrow in violation of 75 Pa.C.S.A. Section 3112(a)(1)(i); (d) In failing to yield the right of way to oncoming traffic when turning left in violation of 75 Pa.C.S.A. Section 3322; (e) In failing to apply his brakes in time to avoid striking the vehicle in which 4 Plaintiff was an operator; (f) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions in violation of 75 Pa.C.S.A. Section 3303; (g) Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls and in violation of 75 Pa.C.S.A. Section 3303; 9. As a result of the aforementioned accident, Plaintiff, William Fisher, sustained painful and severe injuries including but are not limited to: (a) Abrasions, contusions and injuries to his muscles and nerves; (b) Concussion and closed head injuries; (c) Injuries to his neck; (d) Lacerations of scalp and upper left arm; (e) Multiple fractures in his right foot; (f) Injuries to his back; 10. By reason of the aforesaid injuries sustained by Plaintiff, William Fisher, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses, including replacement services, in an effort to restore himself to health, and claim is made therefore. 11. Because of the nature of his injuries, Plaintiff, William Fisher, has been advised, and therefore, avers the he may be forced to incur similar expenses in the future, and claim is made therefore. 12. As a result of the aforesaid injuries, Plaintiff, William Fisher, has undergone and in the future will undergo a great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 13. As a result of the aforesaid injuries, the Plaintiff, William Fisher, has sustained scarring and has been and in the future will be subject to humiliation and embarrassment, and claim 5 w is made therefore. 14. As a result of the aforementioned injuries, Plaintiff, William Fisher, has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefore. 15. As a result of the aforesaid injuries, Plaintiff, William Fisher, has sustained uncompensated work loss, and claim is made therefore. 16. Plaintiff, William Fisher, has been plagued by persistent pain and limitation and, therefore, avers that he sustained serious impairment of body function and a claim is made therefore. 17. As a result of the aforesaid accident, Plaintiff, William Fisher, has sustained scars, which will result in a permanent disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, William Fisher, demands judgment of the Defendant, William J. Powers, in an amount in excess of Fifty Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. Dated: ~.-~o' O~ Dusan Bratic ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff 6 VERIFICATION I, William Fisher, hereby acknowledge that I am a Plaintiff in the foregoing Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~~~-~ WILLIAM FISHER PLAINTIFF V. WILLIAM J. POWERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: 07-5045 JURY TRIAL DEMANDED I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U.S. Mail, first class, postage prepaid on this (~ day of February 2008, to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 BRATIC~& PORTKO Dated: ~ -(o~~ 7 n c~ ~, f F-~, -*~ ` _- ` ' ` rte, caa ~~ ~ ~, "-' ri.....~ ` --1 `x" : 1„ ~ _. ~.w' ..~- ., W ~y •1 F s -~ - 1 • ~~ yy ,, ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, Plaintiff, v. WILLIAM J. POWERS, Defendant. CIVIL DIVISION NO. 07-5045 Civil Term DEFENDANT'S ANSWER AND NEW MATTER (Jury Trial Demanded) TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be ent~d ag~i+~pst yob Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Summe~s, 101'cDonnell, Hudock, Guthrie & Skeel, L.L.P. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15998 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, v• NO. 07-5045 Civil Term WILLIAM J. POWERS, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, William J. Powers, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied. The Defendant resides at 3065 East Highway, Apartment K5, Canon City, CO 81212. 3. Admitted. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that a collision occurred between the Plaintiff and the Defendant vehicles. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that a collision occurred between the Plaintiff and the Defendant vehicles. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 8. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, William J. Powers, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 18. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 19. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 20. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 21. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, William J. Powers, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &~6KEEL, L.L.P. /'~, By: in squire nsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this AfFdavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: o l/..a~ ~-~ William J. Powers #15998 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWER AND NEW MATTER has been mailed rrb~y~~ U.SJJ. Mail to counsel of record via first class mail, postage pre-paid, this c~C nC: day of ~~ j ~ , 2008. Dusan Bractic, Esquire Bractic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. /~ By: - ~ ev uch, Esquire Co nsel for Defendant C i ^' - «, -~~ ~ '~~ . ,.~.} ; ~ ~--- r..z .:; ~.. -,~ry v __ r r<.~ ~.~ ~~' WILLIAM FISHER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION: 07-5045 WILLIAM J. POWERS DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs Answers to Defendant's Interrogatories and Answers to Request for Production of Documents was furnished by N~ U.S. Mail, first class, postage prepaid on this ~ day of May 2008, to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 BRATIC & PORTKO Dated: - .~ ~ d Dusan Bratic, Esq. , ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff t,"~ r.,, -~, ~. ~s -, ~ ~ „~; ,. _ ___~ .., ~~ ;:~ _~ s ~ WILLIAM FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION: 07-5045 WILLIAM J. POWERS DEFENDANT JURY TRIAL DEMANDED I HEREBY CERTIFY that a true and correct copy of the Plaintiffs Notice of Deposition to Defendant was furnished by U.S. Mail, first class, postage prepaid on this 29th day of August 2008, to: Ethan K. Stone, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 BRATIf~ & PORTKO Dated: ~•02~-p~ liu~an Bratic, Esq. ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs ,rr w WILLIAM FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION: 07-5045 WILLIAM J. POWERS DEFENDANT . JURY TRIAL DEMANDED NnTTC'F. C1F (BRAT, T)F.Pn~TTinN To: William J. Powers C/O Ethan K. Stone, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 PLEASE TAKE NOTICE that the oral deposition of William J. Powers will be taken on Tuesday, October 7, 2008, at 10:00 a.rn. at the offices of Summers, McDonnel, Hudock, Guthrie & Skeel, LLP, 1017 Mumma Road, Lemoyne, PA 17043 before a Notary Public or such other officer as is entitled to administer oaths, and said deposition shall continue until completed. BRATIC & PORTKO Dated: g' a9 ~ Dus~Bratic ID# X19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717)432-9706 r.a <'`.~ ..~ _. i =`" ~ ...d ~ ^r? t t _.t 4 i " ' ~' ' ~:. .... ~~ ~ ~~' .rfi . ~ ~ ~" .i J~ ~./~ ' ~i.d-' r ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, NO. 07-5045 Civil Term v. MOTION TO COMPEL EXECUTED WILLIAM J. POWERS, AUTHORIZATIONS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15998 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, v. NO. 07-5045 Civil Term WILLIAM J. POWERS, (Jury Trial Demanded) Defendant. MOTION TO COMPEL EXECUTED AUTHORIZATIONS AND NOW, comes the Defendant, William J. Powers, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Executed Authorizations and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on August 23, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence and alleging personal injury, wage loss, and loss of future earnings capacity. 3. On March 19, 2008, Defendant served Plaintiff with an authorization for the release off the Plaintiff's 2001 through 2007 federal income tax returns. (A true and correct copy of correspondence between the parties dated March 19, 2008, is attached hereto as Exhibit "A".) 4. The Internal Revenue Service requires a specific executed authorization for the release of records. t 5. On March 26, 2008, April 10, 2008, April 15, 2008, August 7, 2008, August 18, 2008, September 2, 2008, September 29, 2008, and October 14, 2008, Defendant's counsel forwarded letters to Plaintiffs counsel requesting that he have his client execute the authorization for release of records from the Internal Revenue Service and return it to Defendant's counsel's office. (A true and correct copy of correspondence between the parties dated March 26, 2008, April 10, 2008, April 15, 2008, August 7, 2008, August 18, 2008, September 2, 2008, September 29, 2008, and October 14, 2008, are attached hereto as Exhibit "B".) 6. On May 9, 2008, Defendant served Plaintiff with an authorization for the release off the Plaintiff's medical records from Hershey Medical Center, the hospital where the Plaintiff treated on the date of the subject accident. (A true and correct copy of correspondence between the parties dated May 9, 2008, is attached hereto as Exhibit ,~C„.) 7. Hershey Medical Center will not honor a subpoena and requires a provider specific executed authorization for the release of records. 8. On May 23, 2008, June 2, 2008, June 12, 2008, June 18, 2008, July 18, 2008, August 7, 2008, August 18, 2008, September 2, 2008, September 29, 2008, and October 14, 2008, Defendant's counsel forwarded letters to Plaintiff's counsel requesting that he have his client execute the authorization for release of records from Hershey Medical Center and return it to Defendant's counsel's office. (A true and correct copy of correspondence between the parties dated May 23, 2008, June 2, 2008, June 12, 2008, June 18, 2008, July 18, 2008, August 7, 2008, August 18, 2008, ^ I September 2, 2008, September 29, 2008, and October 14, 2008, are attached hereto as Exhibit "D".) 9. To date, Defendant has not received any response from Plaintiff or Plaintiffs counsel regarding executed authorizations for the release of records from the Internal Revenue Service or Hershey Medical Center or the correspondence enumerated above. 10. It is necessary for proper defense of this lawsuit that Plaintiff return executed authorizations to Defendant's counsel so that Defendant's counsel can obtain the required records. 8. Accordingly, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with fully executed authorizations for the release of the Plaintiffs records from the Internal Revenue Service and Hershey Medical Center within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiff's executed authorizations have not been received by Defendant's counsel. 10. Counsel for Defendant certifies that no judge has ruled upon any other issue in the same or related matter. 11. Opposing counsel does not concur in this Motion. WHEREFORE, Defendant, William J. Powers, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with fully executed authorizations for the release of the Plaintiff's records from the Internal Revenue Service and Hershey Medical Center. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L. By: Kevin D. Rauch, Esquire Counsel for Defendant EXHIBIT March 19, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Enclosed please find an authorization for release of your client's income tax returns from 2001 through 2007. Kindly have your client execute this authorization and return it to my office at your earliest convenience. I will be certain to provide you a copy of any records obtained pursuant to the same upon your request. Should you have any question or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan o~NUnr~rs ~ierr ~- March 26, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that I am not yet in receipt of your client's discovery responses. The Defendant's discovery requests were sent to you on January 15, 2008. As such, kindly contact me upon receipt of this correspondence to discuss the status of the same. In addition, kindly have your client execute the previously enclosed authorization for release of income tax returns from 2001 through 2007. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan April 10, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that I have yet to receive and executed authorization for release of income tax Upon receipt of this correspondence, kindly contact of the same. look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone your client's discovery responses returns from 2001 through 2007. me and update me as to the status EKS:kan April 15, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that I am not yet in receipt of your client's discovery responses. The Defendant's Interrogatories and Request for Production of Documents were sent to you on January 15, 2008. Per my conversation with your secretary, you are completing your client's discovery responses and I can expect to receive them shortly. Should I not receive your client's responses in a reasonable period of time, I will be forced to file a motion to compel the same. In addition, kindly have your client execute the previously enclosed authorization for release of income tax returns from 2001 through 2007. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan August 7, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorization for release of records from Hershey Medical Center and income tax returns from 2001 through 2007. Kindly have your client execute the previously provided authorization and return it to my office at your earliest convenience. Should I not receive your client's executed authorization in a reasonable period of time, I will be forced to file a Motion to Compel the same. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS: ka n August 18, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 1. Hershey Medical Center; and 2. 2001 - 2007 Income Tax Returns. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Should I not receive your client's executed authorizations or hear from you in a reasonable period of time, I will be forced to file a Motion to Compel the same. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan September 2, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 5. Hershey Medical Center; and 6. 2001 through 2007 income tax returns. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan September 29, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 3. Hershey Medical Center; and 4. 2001 through 2007 income tax returns. As you recall, these providers will not accept a subpoena. As such, kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan October 14, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 1. Hershey Medical Center; and 2. 2001-2007 Income Tax Returns. Enclosed please find additional copies of these authorizations. Kindly have your client execute the enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan Enclosures DEFENDANT'S EX~i~tIBIT May 9, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Enclosed please find authorizations for release of your client's records from the following providers: 7. Hershey Medical Center; and 8. Donegallnsurance. Kindly have your client execute the enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan Enclosures D~ May 23, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 5. Hershey Medical Center; and 6. Donegallnsurance. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. In addition, I would like to schedule depositions in this matter. As such, kindly contact me upon receipt of this correspondence so that we may schedule the same. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan June 2, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 1. Hershey Medical Center; and 2. Donegallnsurance. At this time, I have subpoenaed your client's records from Donegal Insurance Company. My document retrieval company will contact you regarding waiver of the 20- day objection period. Kindly agree to the same so that we move this matter forward. As Hershey Medical Center will not honor a subpoena, kindly have your client execute the previously provided authorization and return it to my office at your earliest convenience. Finally, I would like to schedule depositions in this matter. I have attempted to schedule your client's deposition on several prior occasions. As such, kindly contact me upon receipt of this correspondence so that we may schedule the same. look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS . ~ ~ , June 12, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 3. Hershey Medical Center; and 4. Donegallnsurance. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. In addition, I would like to schedule depositions in this matter. As such, kindly contact me upon receipt of this correspondence so that we may schedule the same. look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan Karen Beisner Claim Representative State Farm Insurance Companies One State Farm Drive P.O. Box 142 Concordville, PA 19331-0142 RE: Fisher v. Powers June 18, 2008 Claim No. 38-K734-836 Insured William J. Powers D/Loss August 23, 2005 Our File No. 15998 Dear Ms. Beisner: Please be advised that I am assisting Kevin D. Rauch in the above-referenced matter. At this time, I am attempting to schedule depositions in this matter. Opposing counsel had indicated that he would contact his client to determine his availability for the same. In addition, I am still awaiting executed authorizations for the release of records from the following providers: 1. Donegal Insurance; and 2. Hershey Medical Center. If I should not receive these authorizations in a reasonable period of time, I will be sure to subpoena records from the same. Upon scheduling depositions in this matter, I will be sure to inform you of the deposition date. Upon completion of the depositions, a summary of the deposition testimony will promptly follow. In the meantime, should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan ~. ~ ~ J July 18, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorization for release of records from Hershey Medical Center. Kindly have your client execute the previously provided authorization and return it to my office at your earliest convenience. In addition, enclosed please find a Notice of Deposition scheduling your client's deposition for August 26, 2008, at 10:00 a.m., at our offices. Upon receipt of this correspondence, kindly contact me to verify your client's availability for that date. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan Enclosure August 7, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorization for release of records from Hershey Medical Center and income tax returns from 2001 through 2007. Kindly have your client execute the previously provided authorization and return it to my office at your earliest convenience. Should I not receive your client's executed authorization in a reasonable period of time, I will be forced to file a Motion to Compel the same. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan ,~ August 18, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 1. Hershey Medical Center; and 2. 2001 - 2007 Income Tax Returns. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Should I not receive your client's executed authorizations or hear from you in a reasonable period of time, I will be forced to file a Motion to Compel the same. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan ~ ~ . ~ September 2, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 5. Hershey Medical Center; and 6. 2001 through 2007 income tax returns. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan R l ~ ~ September 29, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 3. Hershey Medical Center; and 4. 2001 through 2007 income tax returns. As you recall, these providers will not accept a subpoena. As such, kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan M i October 14, 2008 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Fisher v. Powers Our File No. 15998 Dear Mr. Bratic: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's executed authorizations for release of records from the following providers: 1. Hershey Medical Center; and 2. 2001-2007 Income Tax Returns. Enclosed please find additional copies of these authorizations. Kindly have your client execute the enclosed authorizations and return them to my office at your earliest convenience. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan Enclosures •. i • 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, Plaintiff, CIVIL DIVISION v. WILLIAM J. POWERS, Defendant. NO. 07-5045 Civil Term (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, William Fisher, provide Defendant, William J. Powers, with fully executed authorizations for the release of the Plaintiffs records from the Internal Revenue Service and Hershey Medical Center within twenty (20) days of the date of this Order. J. ,, ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL EXECUTED AUTHORIZATIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ day of ~d~ , 2008. Dusan Bractic, Esquire Bractic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ~~ K in D. auch, Esquire Counsel for Defendant .....~ r-.., -_! -(~ -=3 ~" , _; ~ ,a a 'l _. % _.. k `4 _~ WILLIAM FISHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 07-5045 CIVIL WILLIAM J. POWERS, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL EXECUTED AUTHORIZATIONS ORDER AND NOW, this r '}-• day of November, 2008, a brief argument on the defendant's motion to compel is set for Thursday, December 4, 2008, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~~~. ~~ . Hess, J. / Dusan Bratic, Esquire For the Defendant ~ Kevin D. Rauch, Es uire 9 For the Defendant :rlm l~.~oa i F.S rn~ t I „/~8/0~ l i~'. (~ ~~~ ~~t~ ~ ~ ~~3~ ~~~~ -d L,~~_.~ .. WILLIAM FISHER, IN THE COURT OF COMMON PLEAS OF Plaintiff , V. CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM J, POWERS, CIVIL ACTION - ~y~ Defendant NO. 07-5045 CIVIL TERM IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 4th day of December, 2008, the within motion is granted in accordance with the agreement of counsel as announced in open court. By the Court, ~ Dusan Bratic, Esquire For Plaintiff /Ethan Stone, Esquire For Defendant :bg /.~S/08 _`~~,~'] /~ . Hess, J, ~~~' . ,au.w~ u~~ ~~. ~ WILLIAM FISHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.07-5045 CIVIL WILLIAM J. POWERS, Defendant ORDER AND NOW, this ~ Z' day of November, 2009, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule is returnable twenty (20) days after service. BY THE COURT, • ~~ Kevin .Hess, J. f)F 11~ ~ NOY 17 ~ ~~ 26 i~w~ /off - ~y ~ . c~~~ x .~.~~ WILLIAM FISHER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: 07-5045 WILLIAM J. POWERS DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs Answers to Defendant's Supplemental Interrogatories was furnished by U.S. Mail, first class, postage prepaid on this 8th day of December 2009, to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 BRATIC & PORTKO Dated: ~~~~ ~ D san Bratic, Esq. , ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff i ~ :~- U '-f'~ ! Q J~' ~~~, ~ y E'l'i c ~ . s ;~, rr?? OF T HE PROTHO }}??E "[N"''E COURT OF COMMON PLEAS OF 2010 NOV 24 oil 61CERLAND COUNTY, PENNSYLVANIA William Fisher (. ;j ?' VA W107 5045 Civil 20 vs. William J. Powers Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantial Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: v Kevin D. Rauch, Esq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Rauch and Dusan Bratic WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, _ Esq., and otql? c,Q'?46? A106 20 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, NO. 07-5045 Civil Term V. JOINT STIPULATION WILLIAM J. POWERS, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg,-PA 17055 (717) 901-5916 #15998 P. 03/03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, Plaintiff, V. WILLIAM J. POWERS, Defendant. CIVIL DIVISION NO. 07-5045 Civil Term (Jury Trial Demanded) JOINT STIPULATION AND NOW, comes the Plaintiff, William Fisher, by and through his counsel, Dusan Bratic, Esquire, and the Defendant, William J. Powers, by and through his counsel, Kevin D. Rauch, Esquire, and do hereby stipulate and agree as follows: 1. The parties have agreed to compulsory arbitration of this matter. 2. This matter may be listed for arbitration by the Prothonotary upon receipt of a Petition for Appointment of Arbitrators from either party. 0 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 BRATIC & P( RTCO BY D an Bratic, Esquire B # and P rtko SUMMERS, McDONNELL, HUDOCK, GUTHRIE & ZEL, L.L.P. By: evin D. Rauc , uire Counsel for Defendant 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 TOTAL P.03 OF THE OTHONq{y?? N'E COURT OF COMMON PLEAS OF 2010 NOV 24 Ott iuBERLAND COUNTY, PENNSYLVANIA William Fisher ;j? U LN15045 Civil 20 CD vs.' q Ty William J. Powers Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be su Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: rnM Op ?? g!"h s ° -n N m Kevin D. Rauch, Esq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Rauch and Dusan Bratic WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and a ? ?N1,) a511??fb I , 2010 , in onsiderationn of the foregoing Esq., and - /Y . Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. diNdnlksPIN3a ,.kiNnoo ONVId3OWU By the Court, S S :Z add 1- 330 0101 Lfest' ??? ? Kevin A. Hess, P.J. 301AAO-0alI T a±? x .? /aia1,1 LO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, CIVIL DIVISION Plaintiff, NO. 07-5045 Civil Term V. JOINT STIPULATION WILLIAM J. POWERS, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17055 (717) 901-5916 #15998 in: q!, ?` `ra n ,a ?' • ran P.03i03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM FISHER, Plaintiff, CIVIL DIVISION V. WILLIAM J. POWERS, Defendant. NO. 07-5045 Civil Term (Jury Trial Demanded) JOINT STIPULATION AND NOW, comes the Plaintiff, William Fisher, by and through his counsel, Dusan Bratic, Esquire, and the Defendant, William J. Powers, by and through his counsel, Kevin D. Rauch, Esquire, and do hereby stipulate and agree as follows: 1. The parties have agreed to compulsory arbitration of this matter. 2. This matter may be listed for arbitration by the Prothonotary upon receipt of a Petition for Appointment of Arbitrators from either party. BRATIC & PORTCO i? BY Du an Bratic, Esquire B tic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKE L, L.L.P. By:_ Al Kevin D. Rauch',-Esquire Counsel for Defendant 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 TOTAL P.03 WILLIAM FISHER Plaintiff WILLIAM J. POWERS Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 8045 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ignature Si ature Signa Ve? JAMES D. BOGAR Name (Chairman) Law Offices of James D.Bogar Law Firm 1 West Main Street Address Shiremanstown, PA 17011 City, Zip SUSAN H. CONFAIR Name Rea.ger & Adler, P.C. Law Firm 2331 Market Street Address Camp Hill, PA 17011 City, Zip KATIE J. MAXWELL Name Martson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, Zip 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.) 1?cc ,e p 01", 41"- IV.,&t a .4 &(-- AAV,gew- C90 . Arbitrator, dissents. (Insert name if applicable. Date of Hearing 02/10/2011 Date of Award: 02/10/2011 (Chairman) Notice of Entry of Award Now, the % 6 day of Fzf,? , 20 ;1 at 9-5Y , I M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350.66 Prothonotary By: Deputy FILEU-GFFlCL OF THE FRQT,40NO '? ,i C 7011 FEB 16 AM 9: 5 L,,. "CUMBERL. A 0 UUli i PENNSYLVANIA ?f +S4n /3rac? ?Ci G /S.2auec , ?sd eop? e6 ma 'tt:?d Ate. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYJVANIA C? C o WILLIAM FISHER, CIVIL DIVISION rnco z? Plaintiff, zrn a. M_ -o,r cnb N r n ?o v. NO. 07-5045 Civil Term c© - =G, -a s WILLIAM J. POWERS, (Jury Trial Demanded) =C) o Defendant. ? N n PR AECIPE TO SATISFY AND DISCONTINUE To The Prothonotary: Please mark the above-referenced case satisfied and discontinued, with prejudice. Respectfully submitted, BRATIC AND PORTKO By: - 4"' ' - Dusan Bratic, Esquire Counsel for Plaintiff