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HomeMy WebLinkAbout03-5947CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB -VS- METLIFE COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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. DATE: 09/23/2004 MC on behalf of RYAN R?R, ESQ. Attorney' for DEFENDANT Dllll-518596 63932-L, 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : VS. METLIFE File No. _ 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SPRING ROAD FAMILY PRACTICF (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 RIDER **** at The MCS Group. Inc.. 1601 Markel S?reet_ Suite 800. Philadelphia. PA 19103 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: BRYAN ARNER. ES ADDRESS: 230 C BROAD S L PHILADELPHIA _ PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 2004 Date: /QA a Seal of the Court BY THE COURT: Prothonotlry/Clerk, Civit Div Deputy 63932-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SPRING ROAD FAMILY PRACTICE 1921 SPRING ROAD CARLISLE, PA 17013 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians., files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security fl: 192-34-7122 Date of Birth: 07-29-1945 S1110-521982 63932-1, 0 1 C O M M O N W E A L T H OF P E N N S -Y L VAN I -A COUNTY OF CUMBER IAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB TERM, -VS- CASE NO: 03-5947 METLIFE OF INTENT TO SERVE A SUBPOENA '10 FkWiuuk-u uvi.um ...... .,r nr..?. root/ D CTTnTIP 7n RTTf.R 4009.21 [ Note: see enclosed list of locations ] TO: LISA J. MAUER. ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 63932-C!02 >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE MEDICAL RECORDS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS CARLISLE REGIONAL MEDICAL CNTR MEDICAL RECORDS CARLISLE IMAGING ASSOCIATES MEDICAL RECORDS CENTRAL PENN MEDICAL GROUP MEDICAL RECORDS APPALACHIAN ORTHOPEDIC CENTER MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS CENTRAL PA. REHAB SERVICES MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS WEST SHORE ANESTHESIA MEDICAL RECORDS & XRAYS DE02-277476 6 3 9 3 2- C 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT DE11-518597 63932-L 02 C O M M O N W E A L T H OF P E NN S-Y L VAN I A COUNT Y OF C U M B E R:L AN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB TERM, -VS- CASE NO: 03-5947 METLIFE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMffiNTS AND [ Note: see enclosed list of locations ) TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 63932-C!02 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS 6 PRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-277476 6 3 9 3 2- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : File No. 03-5947 VS. METLIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA. (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 RIDER **** at The MCS Croun Inc 1601 Market Street. Suite 800. Philadelphia . PA 19103 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: BRYAN ARNER. ES ADDRESS: 230 . BROAD F TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 7004 Date: aj 3 y r Seal of the Court 63932-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SIJ10-521984 6 3 93 2- L O 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT DE11-518598 63932-L 03 C O M M O N W E A L T H OF P E NN S'Y L VAN 2 A COUNTY OF C TJM B E R:L AN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE A SUBPOENA TO MCS on behalf of [ Note: see enclosed list of locations ) BRYAN ARNER, ESQ. Attorney for DEFENDANT TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - Any questions regarding this matter, contact TERM, CASE NO: 03-5947 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D:E02-277476 63932-C:!02 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS & XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-277476 63932-C!02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : File No. 03-5947 vs. METLIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE RFGIONAL MEDICAL CNTR (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 RIDER **** at The MCS Group Inc 1601 Market Street Suite 800. Philadelphia. PA 19103 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: BRYAN ARNER. ES ADDRESS: 230 S. BROAD STRf TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 2004 Date: lQua .31, Seal of the Court 63932-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE, PA 17013 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING CERVICAL & LUMBOSACRAL MRI OF NOVEMBER 27, 2002. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting avid/or treating physician s, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM NHCHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10-521986 63932-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -vs- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT DE11-518599 63932-L,04 C O M M O N W E A L T H O y P E NN S Y L VANS A COUNTY OP C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB TERM, -VS- CASE NO: 03-5947 METLIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKENTS AND [ Note: see enclosed list of locations ] TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 6 3 9 3 2- C O 2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RRCORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS & XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE:02-277476 63 93 2-4=0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND W EBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE IMAGING 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: **** SEE ATTACHED RIDER **** at The MCS Croup Inc 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: BRYAN ARNER, ESO. ADDRESS: 230 S BROAD STREET SUITE 900 PHILADELPHIA. PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 7004 Date: .101,13 J? Seal of the Court BY TIE OOURT: Pro%/th/,onootary/Clerk, Civil D ' ion Deputy 63932-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE IMAGING ASSOCIATES P.O. BOX 382 HUNTINGDON, PA 16652 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10-521988 6 3 9 3 2- 1, 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT DE11-518600 63932-1,05 C O M M O N W E A L T H OF P E N N S'Y L VAN I A COUNTY OF C U M S E R:LAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB TERM, -VS- CASE NO: 03-5947 METLIFE OF INTENT TO SERVE A SUBPOENA TO [ Note: see enclosed list of locations ) TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 6 3 9 3 2- C O 2 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS & XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-277476 6 3 93 2-CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL PENN MEDICAL GROUP (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 RIDER **** at The M roun Inc 1601 Market Street Suite 804 Philadelphia PA 19103 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: BRYAN ARNER. ESO. ADDRESS: 930 S. BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 TELEPHONE: (2) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 7004 Date: A .26!n?y Seal of the Court BY TIE COURT: ProthJonoo ary/Clerk, Civil Di s' n Deputy 63932-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PENN MEDICAL GROUP 1097 COMMERCIAL AVE P O BOX 468 EAST PETERSBURG, PA 17601 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security I{: 192-34-7122 Date of Birth: 07-29-1945 SIJ10-521990 6 3 9 3 2- L 0 S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT Dllll-518601 63932-L 06 C O M M O N W E A L T H COUNTY IN THE MATTER OF: WEBB -VS- METLIFE op P E NN S Y L VAN] Elk OP C UM B E R:LAN D COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 A [ Note: see enclosed list of locations ] AND TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 6 3 9 3 2-CO 2 >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE MEDICAL RECORDS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS CARLISLE REGIONAL MEDICAL CNTR MEDICAL RECORDS CARLISLE IMAGING ASSOCIATES MEDICAL RECORDS CENTRAL PENN MEDICAL GROUP MEDICAL RECORDS APPALACHIAN ORTHOPEDIC CENTER MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS CENTRAL PA. REHAB SERVICES MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS WEST SHORE ANESTHESIA MEDICAL RECORDS 6 XRAYS DE02-277476 6 3 93 2-CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. _ 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for APPALACHIAN ORTHOPEDIC 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: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800, Philadelphia. PA 19103 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: BRYAN ARNER. ES ADDRESS: 230 S. BROAD ST RI TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 9004 Date: / Q ? i Seal of the Court BY THE COURT: Prothonol:ary/Clerk, Civil Divis' Deputy 63932-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR. CARLISLE, PA 17013 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SIJ10-521992 63932-1,06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ* 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT DE11-518602 63932-1,07 C O M M O N W E A L T H OF P E NN S'Y L VANS A COUNTY OF' C UM B E R:L AN D IN THE MATTER OF: COURT OF COMMON PLEAS TERM, WEHH -VS- CASE NO: 03-5947 METLIFE TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND [ Note: see enclosed list of locations ) TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 6 3 9 3 2- C 0 2 >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS 6 BRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DF:02-277476 6 3 9 3 2-CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALEXANDER SPRING REHAB. INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS roue Inc 1601 Market Street Suite 500. Philadelphia. PA 19103 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: BRYAN ARNER. ESO. ADDRESS: 230 S. BROAD STRF.F.T SUITE 900 PHILADELPHIA. PA 19102 TELEPHONE: (715) 2 46-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ((?? SEP 2 3 2004 Date: JQU 2G15?/ Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divi Deputy 63932-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB, INC. 27 BROOKWOOD AVENUE CARLISLE, PA 17013 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SIJ10-521994 6 3 9 3 2- L 0 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT D1311-518603 63932-1,08 C O M M O N W E A L T H OF P E NN S'YrL VAN = A COUNT Y OF CUMBER LAN IO IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE TO MCS on behalf of [ Note: see enclosed list of locations ) BRYAN ARNER, ESQ. Attorney for DEFENDANT TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN Any questions regarding this matter, contact TERM, CASE NO: 03-5947 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 6 3 9 3 2- C O 2 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE MEDICAL RECORDS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS CARLISLE REGIONAL MEDICAL CNTR MEDICAL RECORDS CARLISLE IMAGING ASSOCIATES MEDICAL RECORDS CENTRAL PENN MEDICAL GROUP MEDICAL RECORDS APPALACHIAN ORTHOPEDIC CENTER MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS CENTRAL PA. REHAB SERVICES MEDICAL RECORDS HOLY SPIRIT HOSPITAL MEDICAL RECORDS NEST SHORE ANESTHESIA MEDICAL RECORDS & BRAYS DE02-277476 6 3 93 2- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. _ 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL PA. REHAB SERVICE'S (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 RIDER **** at The M r= Inc 1601 Market Street Suite 800. Philadelphia. PA 19103 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: BRYAN ARNER. ES ADDRESS: 230 S. BROAD STR1 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 2004 Date: ?t-.2 6"W Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Div Deputy 63932-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA. REHAB SERVICES 75 EVELYN DRIVE MILLESBURG, PA 17061 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WH.LIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security 11: 192-34-7122 Date of Birth: 07-29-1945 SU10-521996 6 3 9 3 2- Z O 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -vs- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQo 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT DE11-518604 63932-L 09 C O M M O N W E A L T H OF P E N N S'Y L VAN T A COUNTY OF C UM B E R L AN D IN THE MATTER OF: WEBB -VS- METLIFE NOTICE OF INTENT TO COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 [ Note: see enclosed list of locations ] TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRYAN ARNER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 63 932 -C 0 2 >>> LOCATION LIST <<< PAGE LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS & XRAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-277476 63 932 -C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. _ 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (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 RIDER **** at The MCC Grout Inc 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: BRYAN ARNER. ESO. ADDRESS: 230 S. BROAD STREET SUITE 900 PHILADELPHIA. PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 7004 Date: lQ,((.L--A 2 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divis Deputy 63932-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic; form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SIJ10-521998 6 3 9 3 2- L 0 S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRYAN ARNER, ESQ. 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: 09/23/2004 BRYAN ARNER, ESQ. Attorney for DEFENDANT D:E11-518605 63932-1,3-0 C O M M O N W E A L T H OF P E NN S"Y L VAN 2 A COUNT Y OF, C TJM S E R:LAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE TO MCS on behalf of [ Note: see enclosed list of locations ) BRYAN ARNER, ESQ. Attorney for DEFENDANT TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRYAN ARNER, ESQ. 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: 09/03/2004 CC: BRYAN ARNER, ESQ. - 410.009 PATRICIA CORCORAN - Any questions regarding this matter, contact TERM, CASE NO: 03-5947 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-277476 6 3 9 3 2- C 0 2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED SPRING ROAD FAMILY PRACTICE ORTHOPEDIC INSTITUTE OF PA. CARLISLE REGIONAL MEDICAL CNTR CARLISLE IMAGING ASSOCIATES CENTRAL PENN MEDICAL GROUP APPALACHIAN ORTHOPEDIC CENTER ALEXANDER SPRING REHAB, INC. CENTRAL PA. REHAB SERVICES HOLY SPIRIT HOSPITAL WEST SHORE ANESTHESIA MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS & X.RAYS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-277476 6 3 9 3 2- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : VS. METLIFE File No. _ 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WEST SHORE ANESTHESIA (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 RIDER **** at The M roue Inc 1601 Market Street Suite 800 Philadelphia. PA 19103 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: BRYAN ARNER. ES ADDRESS: 230 S. BROAD T F TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 3 2004 Date: ryL1U -*? I Seal of the Court BY HE COURT: Prothhonotary/Clerk, Ci4Divn Deputy 63932-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE ANESTHESIA P.O. BOX 249 GREENCASTLE, PA 17255 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be shored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security /1: 192-34-7122 Date of Birth: 07-29-1945 SU10-522000 6 3 9 3 2- L 1 O Q n P c7! i ?. ?. GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w 139 N. 23rd Street Camp Hill, PA 17011 Plaintiffs V. DARCY A. SCHAEFER 72 Frost Road Gardners, PA 17324 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03 CJ L CIVIL ACTION - LAW PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons directed to Darcy A. Schaefer, Defendant in the above- captioned matter. GRAHAM & MAUER, P.C. By: (dA?it Li auer s ui RAHAM & UER, P.C. Attorney for Plaintiff's C) GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w 139 N. 23'd Street Camp Hill, PA 17011 Plaintiffs V. DARCY A. SCHAEFER 72 Frost Road Gardners, PA 17324 Defendant TO: DARCY A. SCHAEFER Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: b3 - 5447 CIVIL ACTION - LAW IN A CIVIL ACTION You are notified that William M. Webb and Betsy Webb, Plaintiffs, have commenced an action against you which you are required to defend. PROTHONOTARY OF CUMBAND COUNTY Date: ?CJC?U / a 0 Q? (Seal of Court) Deputy Prothonotary C GRAHAM &c MAUER., P.C. By: Lisa J. Mauer, Esquire ID# 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w 139 N. 23rd Street Camp Hill, PA 17011 Plaintiffs V. DARCY A. SCHAEFER 72 Frost Road Gardners, PA 17324 Defendant TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA [?w C ?F2?-,'1 No: d3 - SW 7 CIVIL ACTION - LAW ENTRY OF APPEARANCE Please enter my appearance for Plaintiffs in the above-captioned matter pursuant to local Rules. GRAHAM & MAUER, P.C. By:(QfiQh- isaue , ?sq e Attorney I.D?§5426 Date: % r 77) 4:- GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w 139 N. 23 d Street Camp Hill, PA 17011 Plaintiffs V. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 DARCY A. SCHAEFER CIVIL ACTION -LAW 72 Frost Road Gardners, PA 17324 Defendant PRAECIPE TO REISSUE WRIT OF SUMMI PROTHONOTARY: Kindly reissue a Writ of Summons to Darcy A. Schaefer in Gardners, Pennsylvania GRAHAM & MAUER, P.C. By:/,[?? Lid J. auer sq! e tto y for aintiff Date: ?? 03 'T' I rl; Y L. :. J to SHERIFF'S RETURN - REGULAR CASE NO: 2003-05947 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEBB WILLILAM M ET AL VS SCHAEFER DARCY A VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SCHAEFER DARCY A the DEFENDANT , at 1724:00 HOURS, on the 11th day of December , 2003 at 72 FROST ROAD GARDNERS, PA 17324 by handing to ERIC BRADLEY, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this / (a4k_)day of CZ? j -A.D/ on tary / n So Answers: R. Thomas Kline 12/12/2003 GRAHAM & MAUER By ? ? D putt' Sherif EDELSTEIN & DIAMOND, LLP. BY: JAY L. EDELSTEIN, ESQUIRE Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w v. DARCY A. SCHAEFER TO THE PROTHONOTARY: Attorney for defendant(s) Darcy A. Schaefer COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW Kindly enter our appearance on behalf of defendant, DARCY A. SCHAEFER in the within action. Defendant hereby demands a jury trial in this matter alternates, demanded. I Jury of twelve with t+uorney for Defendant(s) Darcy A. Schaefer N 7 C3 t '? T C-1 ll ,LSTEIN & DIAMOND, LLP. JAY L. EDELSTEIN, ESQUIRE tification No.: 30227 0 South Broad Street, Suite 900 iladelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 Attorney for defendant(s) Darcy A. Schaefer WILLIAM M. WEBB AND BETSY WEBB, h/w V. DARCY A. SCHAEFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint within 20 days hereof or suffer the . entry of a Judgment of Non Pros. & DIAMOND, LLP. iAi,DLSTEIN, ESQUIRE Attorney for Defendant(s) Darcy A. Schaefer RULE TO FILE COMPLAINT AND NOW, thisA?44day of j;z6,)-, 2004, a Rule is hereby granted upon plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY r) z? r Ll L^ GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM MICHAEL WEBB and BETSY WEBB h/w 139 N. 23nd Street Camp Hill, PA 17011 Plaintiffs Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 V. DARCY A. SCHAEFER 72 Frost Road Gardners, PA 17324 CIVIL ACTION - LAW Defendant NOTICE TO DEPEND You have been sued in Court M you wish to defend against the claims set forth m the following pages, you must take action within surly (60) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing m writing with the cast your defenses or objections to the claims set forth against you. You are warned that if you fad to do so the case may proceed without you and a judgment may be entered spatial you by the cowl without fiather notice for any money claimed m the complaint or for any other claim or relief requested by the plaintiff You may lose money or properly or other rights important to you. ADVISO Le han demanado a usted an is cone. Si used quiere defemlerse de esters demander expuesras an las pegmas sigmentes, usted bane (60) dies de platy al pa tir de Is feche de B denumda y Is notificacum. Hace felts asenmr una cam perencm escrim o an persona o con un abogado y entregar a Is corte en forme escr to sus defenses o sus objections a las demander en contra de an persons. Sea avisado que st usted on se defiende, Is torte touters medidas y puede continuar D demands=contra suya sin pnwto avtso o notificacton. Ademas, Is corte puede decide a favor del demandante y requiere que ruled cumpla con tales las provisions de am demands. Usted puede penler dureso o sus propiedades u ohm derenebos imiwrtames para usted. 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. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE ORNO FEE. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI US TED, NO TIENE ABOGADO (O NO TIIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PERSONA O LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA NFORMACION SOBRE CONTRATAR A UN ABOGADO.. SI USTED NO TIE'NE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIES QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO O NINGUN HONORARIO. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM MICHAEL WEBB and BETSY WEBB h/w 139 N. 23'' Street Camp Hill, PA 17011 Plaintiffs V. DARCY A. SCHAEFER 72 Frost Road Gardners, PA 17324 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW COMPLAINT 1. Plaintiffs William Michael Webb and Betsy Webb are husband and wife and adult individuals residing at 139 N. 23' Street, Camp Hill, Pennsylvania 17011. 2. On information and belief, Darcy Schaefer is an adult individual residing at 72 Frost road, Gardners, Pennsylvania 17324. 3. On or about November 28, 2001, Plaintiff William Michael Webb, hereinafter "Plaintiff Webb" driver of a 1987 Mercury Sable, was stopped in a line of traffic on the ramp of State Road 81 in South Middleton Township, Cumberland County, Pennsylvania. 4. At said time and place, Defendant Darcy Schaefer, hereinafter "Defendant Schaefer" was the operator of a 1993 Subaru Legacy traveling behind Plaintiff Webb on the ramp of State Road 81 in South Middleton Township, Cumberland County, Pennsylvania. 5. Suddenly and without warning, the Defendant's vehicle failed to come to a stop. 6. The front of Defendant's vehicle struck the rear of Plaintiffs vehicle. Said collision resulted in injuries and damages to Plaintiff William Michael Webb. COUNT I - NEGLIGENCE PLAINTIFF WEBB vs DEFENDANT SCHAEFER 8. Paragraphs 1 through 7 are incorporated herein as if set forth at length herein. 9. Defendant Schaefer was negligent and careless in the operation of said motor vehicle for the following reasons which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle driven by Plaintiff Webb; C. Failure to keep a proper look out; d. Failure to remain a safe and clear distance away from Plaintiff's vehicle; e. Failure to abide by the applicable statutes, rules and regulations of the road; f. Failure to stop in time to avoid a collision with Plaintiff's vehicle; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a. reasonable and prudent fashion; Operating, steering and controlling said motor vehicle in a careless and negligent manner; Failure to avoid the occurrence complained of, k. Failure to observe the roadway and/or the vehicles thereon including the vehicle of Plaintiff Webb; Failure to remain alert at the wheel; in. Failure to comply with the assured clear distance ahead rule; n. Operating said vehicle at an inappropriate and/or excessive rate of speed under the circumstances then prevailing; o. Failure to alter her course to avoid a collision with the vehicle operated by Plaintiff Webb; A Negligence per se; and q. Violation of 75 Pa.C.S.A. § 3310. 10. Asa direct and proximate result of the negligence and carelessness of Defendant Schaefer and not due to any act or failure to act on the part of Plaintiff Webb, said Plaintiff suffered great pain, injuries to his cervical spine, head and lumbar spine traumatic anxiety, disfigurement, loss of life's pleasures, emotional distress, and injuries to his nerves and nervous system, some or all of which are or may be permanent in nature. 11. As a direct and proximate result of the negligence and carelessness of Defendant Schaefer, Plaintiff Webb has been and may continue to be in the future unable to attend to his usual habits, customs, vocation, and/or enjoyment of life. 12. As a direct and proximate result of the negligence and carelessness of Defendant Schaefer, Plaintiff has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings and/or earning capacity. 13. As a direct and proximate result of the negligence and carelessness of Defendant Schaefer, Plaintiff Webb has been in the past and may continue to be in the future required to undergo medical and medically related treatments and procedures. 14. As a direct and proximate result of the negligence and carelessness of Defendant Schaefer, Plaintiff Webb has been in the past and/or may be in the future required to spend great sums of money for medical and medically related treatment and procedures as a result of his injuries. 15. Plaintiff Webb is entitled to recover damages under the full tort option provided by the motor vehicle financial responsibility law, 75 Pa. C.S.A. §1701 et seq. WHEREFORE, Plaintiff Webb hereby demands judgment in his favor and against Defendant Schaefer in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT H - LOSS OF CONSORTIUM PLAINTIFF BETSY WEBB v DEFENDANT HAFFFR 16. Paragraphs 1 through 15 are incorporated herein as if set forth at length herein. 17. At all times pertinent hereto, Plaintiffs William Michael Webb and Betsy Webb are husband and wife and residing together at the same address. 18. Due to the negligence and carelessness of Defendant Schaefer, Plaintiff Betsy Webb has been deprived and may in the future be deprived of the companionship, support, services and consortium of her husband, Plaintiff William Michael Webb. 19. Due to the negligence and carelessness of Defendant Schaefer, Plaintiff Betsy Webb has paid and/or may be required to pay in the future for the medical treatment of her husband's injuries. 20. Due to the negligence and carelessness of Defendant Schaefer, Plaintiff Betsy Webb has been or may in the future be deprived of the household services of her husband Plaintiff William Michael Webb. WHEREFORE, Plaintiff Betsy Webb hereby demands j udgment in her favor and against Defendant Schaefer in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. By: rtt-Aor?ey er GRAHAM & MAUER, P.C. 1 r r Plaintiffs Date: \ - 2 l -0'A VERIFICATION I, Betsy Webb, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Betsy Webb VERIFICATION I, William Michael Webb, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. CG GjCG4i7 ! ??._?GL William Michael Webb GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff wim,iruvi AUUHAbL WEBB and BETSY WEBB h/w 139 N. 23 d Street Camp Hill, PA 17011 Plaintiffs V. DARCY A. SCHAEFER 72 Frost Road Gardners, PA 17324 Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this2L day of January, 2004, a true and correct copy of Plaintiffs' Complaint was sent by first class, postage prepaid US mail to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: 4:J ue &q' or, f `•? r?o > C'; ?:? ?? ?,? ---'! ?? `? t;? ,_; ?n c,? "'; HE ENC OSED r k ?K)01ha 4l! ?dV. WTY (20) DAYS yf1??q?6????'g?'i- A tlY414'd1 1Rt 9i MMAGUOM Cie. EDELSTEIN &.2jAMMD, LLP. M . EDELSTEIN, ESQUIREC Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w v. DARCY A. SCHAEFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW AND NOW COMES Defendant, Darcy A. Schaefer by and through their attorneys, Edelstein & Diamond answering plaintiff s Complaint in Civil Action with New Matter as follows: Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. 2. Admitted as stated. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph concerning events or conditions or the allegations pertaining to identity, i ownership, possession or control of the instrumentality involved and/or the allegations of agency or authority. Strict proof thereof is demanded if deemed relevant at the time of trial. All other averments in the aforesaid paragraph are specifically denied. Strict proof thereof is demanded if deemed relevant at the time of trial. 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. COUNT ONE 8. Answering defendants hereby incorporates by reference answers to paragraphs one through seven inclusive as though fully set forth herein at length. 9. Denied. After, reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. " 10. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 11. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 12. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 13. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 14. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 15. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. WHEREFORE, Defendant, Darcy A. Schaefer demands judgment in her favor. COUNT TWO 16. Answering defendants hereby incorporates by reference answers to paragraphs one through 15 inclusive as though fully set forth herein at length. 17. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. 18. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 19. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. 20. Denied. After reasonable investigation, answering defendant is without " knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. Answering defendant specifically denies that he was negligent or careless in any manner whatsoever. Strict proof thereof is demanded if deemed relevant at the time of trial. WHEREFORE, Defendant, Darcy A. Schaefer demands judgment in her favor. NEW MATTER 21. Plaintiff's Complaint in Civil Action fails to state a cause of action against Defendant, Darcy A. Schaefer. 22. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the Pennsylvania Comparative Negligence Act and the Doctrine of Assumption of the Risk. 23. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the Pennsylvania Financial Responsibility Act. 24. Plaintiff's Complaint in Civil Action is barred and/or limited pursuant to the Pennsylvania Uninsured Motorist Act. 25. Plaintiff s Complaint in Civil Action is barred and/or limited pursuant to the Pennsylvania Workmen's Compensation Act. 26. Plaintiff's Complaint in Civil Action fails for lack of proper jurisdiction and venue. 27. Plaintiff's injuries, if any, were caused by unknown third persons. 28. Plaintiff's Complaint in Civil Action is barred pursuant to the applicable Statute of Limitations. 29. Plaintiff was contributorily negligent as a matter of law. WHEREFORE, Defendant, Darcy A. Schaefer, demands judgment in its favor. EDELSTEIN & DOND, LLP BY: 6/ JAY L. EDELST] N, ES hUIRE Attorney for Defendant, arcy A. Schaefer VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 PA C.S. 4904 relating to unworn falsification to DATE: JAY L. EDEYSTEIl , ESQUIRE x w ? -? N GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 21. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their Complaint fails to state a cause of action against Defendant Darcy A. Schaefer. To the contrary, Plaintiffs' Complaint properly pleads a cause of action against the named Defendant. 22. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their Complaint is barred and/or limited pursuant to the Pennsylvania Comparative Negligence Act and the Doctrine of Assumption of the Risk. To the contrary, Plaintiffs' injuries and/or damages as set forth in the Complaint which is incorporated herein by reference were solely and proximately caused by Defendant Schaefer. By way of further reply, Plaintiff did not knowingly assume any risk associated with the matter set forth in his Complaint. 23. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their civil action is barred and/or limited pursuant to the Pennsylvania Financial Responsibility Act and that Plaintiff is not entitled to recover under the full tort provision of that act. 24. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their civil action is barred and/or limited pursuant to the Pennsylvania Uninsured Motorist Act. 25. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their civil action is barred and/or limited pursuant to the Pennsylvania Workers Compensation Act. 26. Denied. Plaintiffs specifically deny that their Complaint in civil action fails for lack of proper jurisdiction and venue. To the contrary, Plaintiffs' Complaint is properly filed in the appropriate venue in a court having general jurisdiction. 27. Denied. Plaintiffs specifically deny that their injuries were caused by unknown third persons. To the contrary, Plaintiffs injuries and/or damages as set forth in their Complaint were solely and proximately caused by Defendant Schaefer. 28. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that their Complaint and civil action is barred pursuant to the applicable statute of limitations. To the contrary, Plaintiffs' Complaint was timely filed. 29. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiffs specifically deny that Plaintiffs were contributorily negligent as a matter of law. To the contrary, Plaintiffs injuries and damages as set forth in their Complaint were solely and proximately caused by the negligence of Defendant Schaefer. WHEREFORE, Plaintiffs William Michael Webb and Betsy Webb hereby demand judgment in their favor and against Defendant Schaefer in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM & MAUER, P.C. By: ?i r, E quire Attorney Mr Plaintiffs Date: 1-210 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBBand BETSY WEBB h/w Plaintiffs Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE All I, LISA J. MAUER, ESQUIRE, hereby certify that on this 2,1 day of January, 2004, a true and correct copy of Plaintiffs' Renly to Defen ant's New M3ttrr was sent by first class, postage prepaid US mail to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: I isa Nyfo Esq irettoaintiffs V RIFI- C-AITON I, Lisa J, Mauer, Esquire, hereby state that I am the attorney for Plaintiff in this Action and verify that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: "2 0/ sa J Mau r Esq 're n o C= c? r ? MI. N ?- rn Cjr? V a -c CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB -VS- METLIFE COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAY EDELSTEIN, ESQ. 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. DATE: 03/08/2004 Atton h 1 DEEIN, ESQ: rney for DEFEN DE11-477616 34006-L 01- COMMONWEALTH OF P E NN S W L VAN X -AL COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB TERM, -VS- CASE NO: 03-5947 METLIFE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS I DR. WILLIAM KAUFFMAN MEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE JIM LONE'S AUTO DETAIL EMPLOYMENT CARLISLE REGIONAL MEDICAL CNTR MRI FILM ONLY HEALTH ASSURANCE OTHER TO: LISA J. MAUER, ESQ. MCS on behalf of JAY EDELSTEIN, ESQ. 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: 02/17/2004 CC: JAY EDELSTEIN, ESQ 410-009 Any questions regarding this matter, contact MCS on behalf of JAY EDELSTEIN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256028 3 4 0 0 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : File No. 03-5947 vs. METLIFE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR WI IAM iFFM (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 RIDER **** at The M Group. In 1601 Market tre t it 800 Philadelphia PA 1910 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: JAY EDELSTEIN, ESQ. ADDRESS: 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA. PA 19107 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY'RM COURT: Prothonotary/Clerk, Civil MAR 0 8 2004 Date: ?'1- 9 _Z0014 __ - Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM KAUFFMAN SPRING ROAD FAMILY PRAC 1921 SPRING ROAD CARLISLE, PA RE: 34006 WILLIAM MICHAEL WEBB Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 01-29-1945 SU10-488314 3 4 0 0 6- 1, 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 03/08/2004 JAY EDELSTEIN, ESQ. Attorney for DEFENDANT DE11-477617 3 4 0 0 6- L 0 2 C O M M O NW E AL T H OF P E NN S Y L VAN X -ML COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE NOTICE OF DR. WILLIAM KAUFFMAN MEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE JIM LOWE'S AUTO DETAIL EMPLOYMENT CARLISLE REGIONAL MEDICAL CNTR MRI FILM ONLY HEALTH ASSURANCE OTHER TO: LISA J. MAUER, ESQ. TERM, CASE NO: 03-5947 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 02/17/2004 CC: JAY EDELSTEIN, ESQ. - 410-009 MCS on behalf of JAY EDELSTEIN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256028 3 4 0 0 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE GROUP (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 RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: JAY EDELSTEIN, ESO. ADDRESS: 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA. PA 19107 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 0 8 2004 Date: BY THE COURT: ??? Prothonotary/Clerk, Civil Drvistorv l Deputy / Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP ROSSMOYNE BUSINESS CENTER P. O. BOX 2013 MECHANICSBURG, PA 17055 RE: 34006 WILLIAM MICHAEL WEBB POLICY #18662065302 GROUP #1021680001 Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 01-29-1945 Date of Loss: 11/28/2001 SU10-488316 34006-L 02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 03/08/2004 JAY EDELSTEIN, ESQ. Attorney for DEFENDANT DE11-477618 3 4 0 0 6- 1, 0 3 C O M M O NW E A L T H OF COUNTY OF IN THE MATTER OF: WEBB -VS- METLIFE NOTICE OF INTENT P E NN S Y L VAN I A A DR. WILLIAM KAUFFMAN MEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE JIM LOWE'S AUTO DETAIL EMPLOYMENT CARLISLE REGIONAL MEDICAL CNTR MRI FILM ONLY HEALTH ASSURANCE OTHER TO: LISA J. MAUER, ESQ. 21 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 02/17/2004 MCS on behalf of JAY EDELSTEIN, ESQ. Attorney for DEFENDANT CC: JAY EDELSTEIN, ESQ. - 410-009 Any questions regarding this matter, contact C UMBER LAN D COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256028 3 4 0 0 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JIM LOWE'S AUTO DETAIL (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 RIDER **** at The MCS Grouo Inc 1601 Market Street. Suite 500. Philadelphia. PA 19103 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: JAY EDELSTEIN, ESO. ADDRESS: 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA. PA 19107 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 0 8 2004 Date: ?^ _ Q r 2a) BY THE COURT: Prothonotary/Clerk, Civil Diivyisiioo? Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JIM LOWE'S AUTO DETAIL 711 SOUTH YORK STREET UNIT 107 MECHANICSBURG, PA 17055 RE: 34006 WILLIAM MICHAEL WEBB Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 01-29-1945 SU10-488318 3 4 0 0 6- 1,0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 03/08/2004 JAY EDELSTEIN,ESQ: Attorney for DEFENDANT DE3.1-477619 3 4 0 0 6- L 0 4 COMMONWEALTH OF P E XW S Y L VANS A COUNTY OF CUMBER LAN D IN THE MATTER OF: WEBB -VS- METLIFE DR. WILLIAM KAUFFMAN MEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE JIM LOWE'S AUTO DETAIL EMPLOYMENT CARLISLE REGIONAL MEDICAL CNTR MRI FILM ONLY HEALTH ASSURANCE OTHER TO: LISA J. MAUER, ESQ. COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 02/17/2004 MCS on behalf of CC: JAY EDELSTEIN, ESQ. - 410-009 Any questions regarding this matter, contact JAY EDELSTEIN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256028 3 4 0 0 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE CLINIC (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 RIDER**** at The MCS Groun_ Inc 1601 Market Street, it 800 Philad lnhia PA 1910 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: JAY EDELSTEIN, ES ADDRESS: 230 SOUTH BROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant °?? MAR 0 8 2004 Date: 1' -` . 9 m2 n,-15( BY COURT: Prothonotary/Clerk, Civil Divisio eputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE, PA 17013 RE: 34006 WILLIAM MICHAEL WEBB COPY CERVICAL & LUMBOSACRAL MRI FROM 11-27-2002 Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all MRI films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis, consultation, care and/or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 01-29-1945 SU10-488320 34006-1,04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAY EDELSTEIN, ESQ. 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: 03/08/2004 JAY EDELSTEIN, ESQ. Attorney for DEFENDANT DE11-477620 34006-1,05 C O M M O NW E AL 'EH OF P E NN S Y L VAN 2 A COUNTY OF CUMBER LAN D IN THE MATTER OF: WEBB -VS- METLIFE A DR. WILLIAM KAUFFMAN MEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE JIM LOWE'S AUTO DETAIL EMPLOYMENT CARLISLE REGIONAL MEDICAL CNTR MRI FILM ONLY HEALTH ASSURANCE OTHER COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 TO: LISA J. MAUER, ESQ. MCS on behalf of JAY EDELSTEIN, ESQ. 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: 02/17/2004 CC: JAY EDELSTEIN, ESQ. - 410-009 MCS on behalf of JAY EDELSTEIN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256028 3 4 0 0 6- C O 1 COMMONWEALTH OF PENNSY!NANIA COUNTY OF CUMBERLAND WEBB : VS. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHASSURANCE (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 RIDER **** at The MCS Group lnc 1601 Market Street Suite 800. Philadelphia. PA 19103 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: JAY EDELSTEIN, ES ADDRESS: 230 SOUTH BROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant I MAR 0 S 2004 Date: 9 t :) ncty BY THE COURT: 64? Z-1 Prothonotary/Clerk, Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTH ASSURANCE P.O. BOX 7089 LONDON, KY 40742 RE: 34006 WILLIAM MICHAEL WEBB ANY AND ALL RECORDS Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security N: 192-34-7122 Date of Birth: 01-29-1945 SU10-488322 3 4 0 0 6- Z O 5 o "j .7 _? 1 ?U .. 7 W EDELSTEIN & DIAMOND, LLP. BY: JAY L. EDELSTEIN, ESQUIRE Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w v. DARCY A. SCHAEFER Attorney for defendant(s) Darcy A. Schaefer COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute the attached verification to Defendant's Answer to Plaintiff's Complaint which was filed on January 29, 2004 in the above matter. EDELSTEIN & BY: JAY 4. EDELSTEIN, Darcy A. Schaefer Dated: 3-31-04 VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. The language of this pleading is that of counsel and not of signer. This verification is made subject to the penalties of 18 PA C.S.A. §4904 relating to unswom falsification to authorities. (Signature) ??ecy ?. ?Ci?ACx (Please print name) DATE: 410.009 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW P_ LAINTIFFS' MOTION TO COMPEL DEFENDANT'S DEPOSITION and REPLY TOP INTTFFS' REO iF T FOR. PRODUCTION OF DOCUMENTS DIRECTED TO DEI ENDANT This case arises from a November 28, 2001 motor vehicle accident involving vehicles driven by Plaintiff Michael Webb and Defendant Darcy Schaefer. 2. This action was commenced by the filing of a Praecipe fbr Issuance of a Writ of Summons. 3. On January 6, 2004 Plaintiffs filed a Complaint. 4. On February 4, 2004 Plaintiffs served a Request for Production of Documents on Defendant Darcy Schaefer (attached hereto as exhibit "A" is Certificate of Service certifying the Request for Production of Documents was forwarded to defense counsel on 2/4/04). 5. To date Plaintiffs have not received a reply to that Request for Production of Documents. 6. On December 29, 2003 Defendant served upon Plaintiff Automobile Interrogatories, Expert Interrogatories, Personal Injury Interrogatories and Base ]interrogatories, the total number of which exceeded 100 including subdivisions. 7. On 1/16/04 Plaintiff objected to said Interrogatories for failure to comply with Cumberland County Rule 4005-1. (Attached hereto as exhibit "B") 8. To date Defendant has failed to serve Interrogatories on Plaintiff which comply with Cumberland County 4005-1. 9. Defendant's deposition was originally scheduled to be held on March 3, 2004 (attached hereto as exhibit "C" is Notice of Deposition directed to Defendant). 10. On February 23, 2004 defense counsel cancelled said party depositions pending receipt of subpoenaed medical records (attached hereto as exhibit "D" is Plaintiffs' confirming letter of February 24, 2004). It. Defendant's deposition was rescheduled to take place on April 6, 2004 (attached hereto as exhibit "E" is Notice of Deposition directed to Defendant). 12. On March 11, 2004 defense counsel cancelled said deposition due to the unavailability of Defendant (attached hereto as exhibit "F" is the March 11, 20041etter written by Jay Edelstein, Esquire). 13. Defendant's deposition was rescheduled to take place on May 6, 2004 (attached hereto as exhibit "C' is Notice of Deposition directed to Defendant). 14. On April 30, 2004 defense counsel cancelled said Defendant's deposition due to the fact that counsel had allegedly been called to trial and was unable to have another attorney at his firm serve in his place (attached hereto as exhibit "H" is the April 30, 2004 letter written by Jay Edelstein, Esquire). 15. Defendant's deposition was rescheduled to take place on June 23, 2004 (attached hereto as exhibit "P' is Notice of Deposition directed to Defendant). EXHIBIT A GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 -IL"'"un M. wr bJ5 BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiff OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW CERTIFI ATE OF SERV11Q, I, LISA J. MAUER, ESQUIRE, hereby certify that on this ? day of February, 2004, a true and correct copy of Plaintiff MM ;chat w bb' u it cted to Defenda+,+ Vas sent by firSt class, Postage Prepaid UPS mail to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: a J. e?1ain ire Attorney r ffs EXHIBIT B' GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 11 1 Attorney for Plaintiff WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO: 03-5947 V. DARCY A. SCHAEFER : CIVIL ACTION -LAW Defendant A P F ' L LS31E ANCWFR TO S D FF1N11sNT+c EMRROG ATO=&- BASE INTERR ATO iFR F]It p R1 RR[1 E'' _ _ ATO IR , A MQMOB F ?NTERROGAT )=S and PE RSONAL IN IJRY R"IRRO GATD-RMS 1. Objection. Defendant's Interrogatories fail to comply with Cumberland County Rule of Procedure 4005-1. GRAHAM & MAUER, P.C. By: Ma re 4T?ey f Plaintiffs Date: 1 _ lD - q GRAHAM & MAUER, ' By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney ror Plaintiff "uL,r+m m. WhBJ3 and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW CERU CA nFU VVM I, Lisa J. Mauer, Esquire, hereby certify that on this day of January, 2004, a true a correct copy of the foregoing Plaintiffs' An. wen to Def Ant' tnt,enrnr;nc and i ' ' 12enonse to Tkf nda+++'c R?nre?t to ?»? by US mail first class, postage prepaid to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: J- M *Ere jAttornIf Plaintiffs EXHIBIT C GRAHAM & MAUER, P.C. Attorney for Plaintiff By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEB B h/ h/w w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO: 03-5947 V. DARCY A. SCHAEFER : CIVIL ACTION -LAW Defendant NOTTCF OF DFPO M4& TO: Darcy A. Schaefer c% Jay L. Edelstein, Esquire PLEASE TAKE NOTICE that the deposition ofDefcmdwv DARCY S CHAEFER, will be taken at the court reporting service of Fillius & McLucas at 4309 Linglestown Road in Harrisburg, PA, on Tuesday, March 3, 2004 at 12:00 p.m. The deposition will be taken before a person duly authorized to administer oaths and it will continue from day to day until it is completed. GRAHAM & MAUER By: 0 Date: 2 Mau , Esgwrettorney for aintiffs cc: Fillius & McLucas EXHIBIT D +CYRAHAM & MAUER, F.C. " ATTORNEYS-AT-LAW T1R1 COMMON$ AT VALLRY FORCR SurrE 22, P.O. BOX 987 VALLXY FORG14 PA 19482 (610) 933,333 RONALD AL GRAHAM 1;00.218,008 FAX (610) 983-0570 R?'enma°ryaR°hi ?? AR1Q?a0A'IIOM SENT US MAIL AND VIA FAX TO 215-893-9310 Jay L. Edelstein, Esquire February 24, 2004 Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 RE: Webb v. Schaefer Cumberland County CCP No: 03-5947 Dear Mr. Edelstein: 1136 sUhD=WOOD DRM HARRURrRO,PA 17111 (717) 24-0900 (717)632-1200 I am writing as a follow up to my telephone conversation yesterday with your secretary, Patty, who indicated that you were unwilling to move forward with the party depositions until you received copies of subpoenaed medical records. As a result, I have cancelled the court reporter and advised my clients that those depositions which were previously scheduled to take place on March 3" will be rescheduled. Several days ago I received a copy of your Notice of Intent to Slave a Subpoena on the following entities: Dr. William Kauffman, Erie Insurance Group, Jim Lowe's Auto Detail, Carlisle Regional Medical Center and Health Assurance. Please allow this letter to serve as confirmation that I will waive the twenty day notice period for all of those entities. However, since that list is only a partial list of Mr. Webb's accident-related medical providers, I would appreciate it if you would cl(uify your intention before we reschedule this deposition. On September 19, 2003, I provided Ms. Alison Barber at Med ife with a complete set of Mr. Webb's accident-related medical records. If you did not receive that list but intend to subpoena the complete set of medical records prior to rescheduling these depositions, please let me know. At this time I am available for party depositions on March 23, 24, 25, 26 and 31. Please let me know if you are available on any of those dates. 1 am also writing in response to your letter of February 3, 2004 in which you requested copies of MR' and X-ray films or authorizations for the release of those films. I have requested that my client bring the actual cervical spine MRI films with him to his deposition. Enclosed you will find signed Authorizations for the release of the two cervical spine X-rays, one of which was taken on 126/02 and the other on 3/6/03. As you requested, enclosed is a signed Authorization allowing you to obtain my client's treatment records from the Stevens Mental Health Center pertaining to his treatment for substance abuse. S' ly, Encl. L' M LJM:tmf RAHANS MAUER, P.C. EXHIBIT E GRAHAM & MAUER, P.C. By. Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 1?1) Attorney for Plaintiff WILLIAM M. WEBB and : COURT OF COMMON PLEAS OF BETSY WEBB h/w : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION --LAW Defendant NOTICE OF DEPOC_MON TO: Darcy A. Schaefer c/o Jay L. Edelstein, Esquire PLEASE TAKE NOTICE that the deposition of Defendant, DARCY SCHAEFER, will be taken at the court reporting service of Filius & McLucas at 4309 Linglestown Road in Harrisburg, PA, on Tuesday, April 6, 2004 at 10:30 am. The deposition will be taken before a person duly authorized to administer oaths and it will continue from day to day until it is completed. GRAHAM & MAUER By:dY?- ?Li J sq ire Date: 3- I"J 4 Attorney for =mi1Ts cc: Fillius & McLucas EXHMIT F EDELSTEIN & DIAMOND, LLP JAY L EDELSTEIN- LAWRENCE R. DIAMOND.. RICHARD A. CATALDI• DANA LAGANELLA•- NICOLETTE MASON-- ANDREA LEE ARRASS••• MENDER OF ?A& M DAR MEMBMOF PA Nl A PL DAR MENDER Of PL DAR •••• MEM OFPADAR NEW JERSEY OFFICE ONE GREENTREE PLAZA SUITE 201 MARLTON, NJ 08053 (856) 988.5520 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P,O. Box 987 Valley Forge, PA 19482 ATTORNEYS AND COUNSELORS AT LAW 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 Fax (215) 893-9310 JL Ea.Edelsteinlaw.com March 11, 2004 OFCOUNSEL HAROLD DIAMOND.... BRIAN L STRAUSS.... TAMPA OFFICE 11800 SECOND STREET SUITE %0 SARASOTA, FL 36236 (%1) 9541555 FAX (941) 951.2314 OUR FILE No:410.009 RE: WILLIAM M. AND BETSY WEBB v. DARC'Y A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: Pursuant to your recent telephone conversation with my secretary, this will confirm that my client, Darcy A. Schaefer is not available on April 6, 2004 for deposition. As my secretary explained, she needs to travel for work purposes and is unable tD attend the deposition. Therefore, please be advised that the deposition of Ms. Schaefer as well as your client are cancelled. I will be happy to reschedule same, please contact my office with available dates. I would also appreciate if you would contact the Court Reporter which you scheduled and advise them of the cancellation. I look forward to hearing from you with new deposition dates. Please be advised that I have yet to receive all the medicals that I have requested. I will not conduct your client's deposition without same. Thank you for your courtesy and cooperation. JLE/pw cc: Darcy A. Schaefer EXHIBIT G GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW NOTICE OF DEPO MQN TO: Darcy A. Schaefer c/o Jay L. Edelstein, Esquire PLEASE TAKE NOTICE that the deposition of Defendant, DARCY SCHAEF'ER, will be taken at the court reporting service of Filius & McLucas at 4309 Linglestown Road in Harrisburg, PA, on Thursday, May 6, 2004 at 11:00 a.m. The deposition will be taken before a person duly authon'zed to administer oaths and it will continue from day to day until it is completed. GRAHAM & MAUER By: Qs J. auer squ; re Date: 4-9- pt ney for aintifl's cc: Filius & McLucas EXHIBIT H EDELSTEIN & DIAMOND, LLP JAY L EDELSTEIN- LAWRENCE R DIAMOND.. DANA LAGANELLA'• BRANDON J. NOWAK... ANDREA LEE ABRASS... MARNI J. BROOKS. MEMBEROF PA &N1 BAB MBMBER OF PA NI & FL BAR • MEMBER OF FL EAR "'• ME MOPPARAR NEW JERSEY OFFICE ONE GREENTREE PLAZA SUITE 201 MARLTON, NJ 08053 (856) 98&5520 ATTORNEYS AND COUNSELORS AT LAW 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 Fax (215) 893-9310 JLE(a)Edel Rtei n law.conn TAMPA OFFICE 1800 SECONDSTREET SUITE 960 SARASOTA, FL 34236 (941) 956.8555 FAX (%1) 956.2304 April 30, 2004 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.Q. Box 987 Valley Forge, PA 19482 fax 610-983-0570 OF COUNSEL HAROLD DIAMOND.... BRAN I. STRAUSS.... OUR FILE No:410.009 RE: WILLIAM M. AND BETSY WEBB v. DARC'Y A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: As per our recent conversation with your office, this will confirm that the depositions of our clients, unfortunately, had to be cancelled once again due to the fact that I have been called to Trial. The following are dates that I and my client are available for deposition: May 24, 2004; June 23, 2004 Unfortunately these are the only dates available at this time. I am scheduled for Trial the week of June 7, 2004 and will be on vacation the last week in June. Please get back to me as soon as possible so that we can secure a date. Thank you for your courtesy and cooperation. JLE/pw EXHIBIT I u GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff w>r.LIAM M. WEBB and : COURT OF COMMON PLEAS OF BETSY WEBB h/w : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION - LAW Defendant NOTICE OF DEPOSITION TO: Darcy A. Schaefer C/o Jay L. Edelstein, Esquire PLEASE TAKE NOTICE that the deposition of Defendant, DARCY SCHAEFER, will be taken at the court reporting service of Filius & McLucas at 4309 Linglestown Road in Harrisburg, PA, on Wednesday, June 23, 2004 at 11:00 a.m. The deposition will be taken before a person duly authorized to administer oaths and it will continue from day to day until it is completed. GRAHAM & MAUER By. I 'sa Mauer, uiit& Date: 5` 3-C)q A omey for Pl nti1Ts cc: Filius & McLucas EXHIBIT J EDELSTEIN & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW JAY L EDELSTELN- LAWRENCE FL DIAMOND- 230 SOUTH BROAD STREET or couN DANA LAGANELLA•• BRANDON J. NOWAK••• DIA DWMO S SUITE 900 HARPED NDREA LEEABRASS••• .... BRIAN L STRAUSS•••• PHILADELPHIA P 1 BRYAN V. ARNEIV A 9102 , MARNIJ.BROOKS' (215) 893-9311 Fax (215) 893-9310 MEMBEROF PAa W BAR MEMBER OF PA NJ & FL BAR JLE(IJEdelste{nlaw com MEMBEROFFL BAR "'• MEMBER OF PA BAR NEW JERSEYOFFICE TAMPA OFFICE ONE CREENTREE PLAZA 1800 SECOND STREET SUITE 201 SUITE %0 MARLTON, NJ 08053 SARASOTA, 36 (856) 988-5520 ( (941) 95"555 FAX (941) 9542304 June 21, 2004 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 fax 610-983-0570 RE: WILLIAM M. AND BETSY WEBB v. DARCY A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: OUR FILE NO:410.009 Per your conversation with my secretary, Pattie, this will confirm that the depositions scheduled for Wednesday, June 23, 2004 are cancelled. We are in the process of "revising" our Interrogatories directed to your client and once we receive answers to same, we will reschedule the depositions of the parties. I will assume that you will notify the Court Reporter. Thank you for your anticipated courtesy and cooperation. JLE/pw GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this 2 22 day of June, 2004, a true and correct copy of Plaintiffs' Motion to Compel Defendant's Deposition and Reply to Plaintiff's Request for Production of Documents Directed to Defendant was sent by first class, postage prepaid US mail to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: AlsomiPlaintiffs C'? r.? ,- r-. O ..- n ? --? _r. ?_ -5.;7 `,:? i f'.--; m _. e,`? ? n.? ,, ?, WILLIAM M. WEBB and BETSY WEBB, h/w, Plaintiffs VS. DARCY A. SCHAEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-5947 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO COMPEL DEFENDANT'S DEPOSITION AND REPLY TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT ORDER OF COURT AND NOW, this :1 Olt day of June, 2004, a rule is issued on Defendant to show cause why the relief requested in the attached document entitled Plaintiffs' Motion To Compel Defendant's Deposition and Reply to Plaintiffs' Request for Production of Documents Directed to Defendant should not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, yy? sley Oler, J r'3 C Q LF s' 11 ? I iif h00Z GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge suite 221 P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM -MW EBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW MOTION TO MAKE RLn E AB-M TE Lisa J. Mauer, Esquire, attorney for plaintiffs, moves thit>Honorable Court enter the attached order compelling Defendant's responses to discovery and Defendant's deposition, and, in support thereof, respectfully represents that: 1. On June 22, 2004, Lisa J. Mauer, Esquire filed a Motion requesting this Court to compel the deposition of Defendant and Defendant's Responses to Plaintiffs' Request for Production of Documents. 2. Said Motion to Compel was served upon defense counsel via US mail on or about June 22, 2004. 3. Said Motion to Compel along with a proposed Order was entered into the docket by Cumberland County prothonotary on June 24, 2004. 4. On June 30, 2004 an order of Court was entered directing Defendant to show cause within twenty (20) days after service why the relief requested should not be granted. 5. Forty-four (44) days have elapsed since the Order of Court was issued and Defendant has failed to show cause why the relief requested should not be granted. WHEREFORE, Plaintiffs respectfully request that this Court enter the attached Order. Respectfully Submitted, By: t L' a . Ma Esq re RAHAM t MAUER, P.C. Date: <6 - ??)_ Dy GRAHAM & MAUER P.C. Attomey for Plaintiff By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 PLEAS OF M WEBB and ;COURT OF COMIv1ON WILLIAM CUMBERLAND COUNTY, PENNSYLVANIA BETSY Plaintiffs : NO: 03-5947 V. CIVIL ACTION -LAW DARCY A. SCHAEFER Defendant CA-TE QF SERVICE . Eo rrR I, LISA J. MAUER, ESQUIRE, hereby certify that on this ?3 day of August, 2004, a true and correct copy of PI ntiffs' Motion to Mal a Rule Absolute was sent by first class, postage prepaid US mail to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM[ & MAUER, P.C. By: f &Ee ?sa . y I orny 1 C_? cN_, C) -T, Cl? ci,l CD GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION - LAW Defendant MOTION TO MAKE RULE ABSOI?TE Lisa J. Mauer, Esquire, attorney for Plaintiffs, moves this Honorable Court enter the attached Order compelling Defendant's responses to discovery and Defendant's deposition, and, in support thereof, respectfully represents that: On June 22, 2004, Lisa J. Mauer, Esquire filed a Motion requesting this Court to compel the deposition of Defendant and Defendant's Responses to Plaintiffs' Request for Production of Documents. 2. Said Motion to Compel was served upon defense counsel via US mail on or about June 22, 2004. 3. Said Motion to Compel along with a proposed Order was entered into the docket by Cumberland County Prothonotary on June 24, 2004. 4. On June 30, 2004 an Order of Court was entered directing Defendant to show cause within twenty (20) days after service why the relief requested should not be granted. 5. Forty-four (44) days have elapsed since the Order of Court was issued and Defendant has failed to show cause why the relief requested should not be granted. WHEREFORE, Plaintiffs respectfully request that this Court enter the attached Order. Respectfully Submitted, By: IJ . Ma , Esq e RAHAM,? MAUER, P.C. Date: ?6-- \?j- Cy GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this _ )3 day of August, 2004, a true and correct copy of Plaintiffs' Motion to Make Rule Absolute was sent by first class, postage prepaid US mail to the following: Jay L. Edelstein, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By. sa er, E uue Attorney r Plaintiffs r? ? c: r..:. t? 1 -?-, ? I ? ?. -r rT"1 :. ?. .. ? La ? " 7 f `r . ?? ?.? . ? ?}. of ? U ':i(?? ?, a ?s c> ? ?, GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DARCY A. SCHAEFER NO: 03-5947 CIVIL ACTION - LAW Defendant MOTION TO MAKE RULE ABSOLL= hJ 1 c?. -• cx, _ Lisa J. Mauer, Esquire, attorney for Plaintiffs, moves this Honorable Court enter the attached Order compelling Defendant's responses to discovery and Defendant's deposition, and, in support thereof, respectfully represents that: On June 22, 2004, Lisa J. Mauer, Esquire filed a Motion requesting this Court to compel the deposition of Defendant and Defendant's Responses to, Plaintiffs' Request for Production of Documents. 2. Said Motion to Compel was served upon defense counsel via US mail on or about June 22, 2004. 3. Said Motion to Compel along with a proposed Order was entered into the docket by Cumberland County Prothonotary on June 24, 2004. 4. On June 30, 2004 an Order of Court was entered directing Defendant to show cause within twenty (20) days after service why the relief requested should not be granted. D GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attojney for Plaintiff AUG77W fF WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW ORDER AND NOW, THIS 1c6 day of 6 \jJ j s 1 , 2004, upon consideration of Plaintiffs' Motion to Make Rule Absolute aPA ft" WO, it is hereby ORDERED that Defendant submit a complete, verified reply to Plaintiff's Request for Production of Documents Directed to Defendant within ZO days of the date of this Order and produce the Defendant for deposition at a time agreeable to the parties no later than y O d 2 z ?ro n L A zbc- 4( 1" f S VJAC' , BY THE COUR J. Date: ;'?;? i-` GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL. ACTION - LAW L IAI `1TIFFS' MOTION FOR A].1 N ] Defendant's conduct in this matter, particularly with respect to discovery, has been so dilatory that plaintiff was required to seek the assistance of this court. 2004 On August 18, this court issued an Order compelling Defendant's deposition within forty days (Order attached hereto as Exhibit -A-). 2. 3. 4. Defendant's deposition was scheduled to take place on September 1, 2004, as confirmed by defense counsel's letter of August 23, 2004, attached hereto as Exhibit ,B,,. On September 1, 2004, Defendant Darcy Schaefer appeared for her deposition as did Plaintiffs' counsel, Lisa J Mauer, Esquire and the court reporter, Gail McLucas. Defendant Darcy Schaefer's counsel did not appear to defendant said deposition. Neither Plaintiff nor Plaintiff's counsel received any notice that Defendant Darcy Schaefer's counsel would not appear to defend Defendant's deposition prior to the scheduled time of that deposition. 5. When Defendant's counsel was located in his Philadelphia office, he refused to participate in the deposition by telephone. 6. As a result of defense counsel's failure to defend said deposition, the undersigned has incurred the following expenses: Court reporter appearance fee (Filius and McLucas invoice attached hereto as Exhibit "C") $100.00 2. 3.5 attorney hours at $250.00 per hour $875.00 3. Mileage (194 @ $36 per mile) and tolls ($4.50) $73.94 WHEREFORE, Plaintiff respectfully requests that this honorable court impose sanctions upon defense counsel and award fees and costs in accordance with the attached Order. GRAHAM & MAUER, P.C. By: y J Maue Esq 're Attorney for laintiffs Date: Cj- -3- 6 y GRAHAM & MAUER, P.C. By., Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 117TT T T1i ••• °Uvi M. WJiBB BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiff AUG 17 2004 ,AW@-_ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW AND NOW, THIS T ) day ° 2004, upon consideration of Fs' Motion to Malr., D..1.. A t_ . . that Defendant submit a complete, Documents Directed to Defendant within -,ZU days of the date of this order and Produce the Defendant for deposition at a time agreeable to the parties no later than U BY THE COURT: /4? , &. Date: J. TRUE COPY FROM RECORD in Testimony v:h•nof, I here to set my hand it is hereby ORDERED verified reply to Plaintiffs Request for Production of of sai4 Court arlisle, Pa. EDELSTEIN & DIAMO D J N ATT LLP AY X. EDELETEU,I, LAWRENCE 0. DLAATDNp.. ORNEYS AND COUNSELORS AT LAW ' BRANDON J. NOW"... N 230 SOUTH BROAD STREET A DREA LEE AERASS••• "VAN V. AANER* `RABNI J. BROOKS. SUITE 900 PHILADELPHIA PA 1 , 9102 (215) 893-9311 MESIEEROP PAl NI BAR ro iu i l Fax s 9 l .. REA+eeR i eA n ?' ?' ?SOPR OPPA,Ap LE@E e te1n 18W CO or `? NEW JERSEY OFFICE ONE GREENPREE PLAZA SUITE 201 MARLTON, NJ 08057 ISM) 9WS520 August 23, 2004 Lisa J. Mauer, Esquire GAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Va1le"6rge, PA 19482 OF COUNSEL RAROLD DIMROND•... MAN L STRAUSS•••• OUR FILE NO:410.009 RE: WILLIAM M. AND BETSY WEBB v, D C,C,P,, CUMBERLAND COUNTY N ARCY A. SCHAEFER Dear Ms. Mauer: and I received the Court's Order dated August 18, 2004 compelling responses to Request for Production of Documents in connection with the bove captioned court repor?g firm ofFilius & . Schae fer's deposition is scheduled for September 1, 2004 at the Production of Documents McLucas at 11:00am. As for the res were forwarded to you attention On June already 5, 2004. I have enclosed ae o? to Request for Possess of Ms. Schaefer's Responses, which Y?:lr CCn.'enlel-°. I tIT1St nnrP the deposition takes place, the Order wil lbeosati fi d er letter for As for scheduling the depositions of your clients, I will wait until I receiveresponses to our revised discovery forwarded to your attention on August 17, 2004, before gojng forward. Should you have any questions or concerns, please do not hesitate to contact me V BVAlba 1y Yours, BRYAN V. ARNER Enclosures O.: 03-59,17 TAMPA OFFICE ISOOSEOONOSTREET SUITE %0 SARASOTA, EL 34876 (941) 9549M PAX (941) 964 304 09/03/04 FRI 10:08 FAX 717 854 3311 FILIUS & MCLI?CAS 2002 Filius & McLucas Reporting Service, Inc. 1427 East Market Street York, PA 1746'i (71'3) 845-64'3$ Fax `t' 17) 954 331 1 Lisa J. Mauer., Esquire Graham & Mauer, P.C. Bldg. 22, Valley Forge Commons 1220 Valley Forge Road Valley Forge, PA 19482 INVOICE 10037&4 9AQt320f?G FrJ-IT59b7 ? _ _ dO6 DATE REPORTER(S) CASE NUMI 09/01/2004 MCLUCiA - -- CASECAPMW Webb vs. Schaefer TERMS Net 30 Agpearanze fee only o#: Scheduled Deposition LATE CANCELLATION FEE TOTAL DUE >>>> TAX IDNO. ; 23-29E5305 100.00 100.00 (SW)21 9-0M Fax (610) %%570 Please detach bottomportton and return with payment. Lisa J. Mauer, Esquire Graham & Mauer, P.C. Bldg. 22, Vafty forge Cbmnrurts 1210 Valley Norge Rem3 VaILyForye, P.9 194M Inrt;ice No. 1003164 Data 09/03/2004 TOMS, I= 100.00 Job No. 01-125967 Case No. 'Webb vs. Schaefer Remit To: Flliae & McLacas Reporting Service, Inc. 1427 East Market Street York, PA 17403 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this day of September 2004, a true and correct copy of Plaintiffs' Motion for Sanctions was sent by first class, postage prepaid US mail to the following: Bryan V. Amer, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: ?n i a J. er, Esquire Attorney r Plaintiffs r Y.'KI ? T FTl w co EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w V. DARCY A. SCHAEFER Attorney for defendant(s) Darcy A. Schaefer COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW DEFENDANT DARCY A. SCHAEFER'S RESPONSE TO PLAINTIFFS' MOTION FOR SANCTIONS For the reasons set forth in the accompanying Memorandum of Law, Defendant, Darcy A. Schaefer, by and through her counsel, Edelstein & Diamond, respectfully requests that this Court enter the attached Order. EDELSTEIN & DIAMOND ------ By: BRYAN V. ARNER, ESQUIRE Attorney for Defendant, Darcy A. Schaefer EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 Attorney for defendant(s) Darcy A. Schaefer WILLIAM M. WEBB AND BETSY WEBB, h/w v. DARCY A. SCHAEFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW I. FACTUAL BACKGROUND This matter stems from an automobile accident which occurred on or about November 28, 2001 in Cumberland County, Pennsylvania, of which plaintiffs are alleging injuries sustained as a result of this alleged incident. The instant Motion for Sanctions stems from the cancellation of the deposition of Defendant, Darcy A. Schaefer (hereinafter "Schaefer"), due to a scheduling error, which was scheduled to take place on September 1, 2004. II. LEGAL ARGUMENT Plaintiffs' are correct, that by way of Court Order dated .August 18, 2004, Schaefer is obligated to appear for deposition no later than 40 days from the date of this order. (See a true and correct copy of the Court's Order dated August 18, 2004 attached hereto as Exhibit "A") Plaintiffs' are also correct that the deposition of Schaefer was scheduled for September 1, 2004. However, due to a scheduling error in the office of Counsel for Schaefer, the deposition did not take place, and was ultimately cancelled by Counsel for Plaintiffs. Plaintiffs maintain in their Motion for Sanctions that Defendant's Counsel, when located, refused to participate in the deposition by phone. Which is true, however, Plaintiffs fail to recognize that after the mistake was revealed, Counsel for Defendant offered to hold the deposition that day, only in the afternoon. This is confirmed by correspondence dated September 1, 2004. (See correspondence dated September 1, 2004 attached hereto as Exhibit `B"). Counsel for Plaintiffs refused to hold the deposition that day in the afternoon, and threatened the filing of the instant Motion. In Plaintiffs' Motion for Sanctions, it is requested that Counsel for Schaefer be sanctioned for the cost of the Court reporter appearance fee ($100.00), attorney hours (3.5 hours at $250.00 per hour), and mileage and tolls ($73.84). Overall, Plaintiffs are requesting sanctions in the amount of $1048.84 to be assessed against Counsel for Schaefer. Counsel for Defendant acknowledges the mistake that indeed may have caused inconvenience to all involved, including Schaefer. However, this was a scheduling mistake, albeit a mistake that should not occur, a mistake that happens nonetheless, despite Plaintiffs Counsel's contention that this has never happened in her twelve; years of practice. Counsel for defendant believes in fairness that the $100.00 court reporter cancellation fee should be incurred by Counsel for Schaefer. However, Counsel for Schaefer maintains it is not responsible for attorney hours and/or mileage and tolls. Again, Counsel for Schaefer offered to hold the deposition that day, only in the afternoon. Its was Plaintiffs' Counsel who refused to hold the deposition that day, citing inconvenience and immediately threatening to file said Motion. However, Counsel for Plaintiffs fails to realize the inconvenience will be having to return on another day for the same deposition. After Plaintiff's Counsel refused to continue the deposition till that afternoon, Counsel for Schaefer immediately offered alternative dates for the deposition to be held. (See correspondence date September 1, 2004 attached hereto as Exhibit "C'). Said deposition has be rescheduled to take place on Thursday, September 23, 2004 at 11:00 a.m. (See correspondence dated September 15, 2004 attached hereto as Exhibit "D"). Therefore, Plaintiffs are not prejudiced in obtaining the necessary deposition to prepare for trial. Counsel for Schaefer would also like to point out to this Honorable Court that the Court Order of August 18, 2004 has not been violated, and Counsel for Schaefer still has time to produce Defendant prior to violating such Order. III. CONCLUSION For all the foregoing reasons, Defendant, Darcy A. Schaefer, respectfully requests that this Honorable Court deny Plaintiff's Motion for Sanctions and enter the attached Order. EDELSTEIN & DIAMOND By: BRYAN V. ARNER, ESQUIRE Attorney for Defendant, Darcy A. Schaefer EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w V. DARCY A. SCHAEFER Attorney for defendant(s) Darcy A. Schaefer COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Bryan V. Amer, Esquire, hereby certify that on this 15' day of September, 2004, a true and correct copy of Defendant's response to Plaintiff's Motion for Sanctions was sent by first class, postage prepaid US mail to the following: Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 EDELSTEIN & DIAMOND By: BR V. ARNER, ESQUIRE Attorney for Defendant, Darcy A. Schaefer EXHIBIT "A" AUG 17 20o4 'AW` GRAHAM & MAUER, P•C. Attorney for Plaintiff By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 ' (610)933-3333 WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO: 03-5947 V. DARCY A. SCHAEFER : CIVIL ACTION -LAW Defendant E AND NOW, THIS I S±h day o , 2004, upon consideration of Plaintiffs' Motion Make Rut Absolute- , it is hereby ORDERED that Defendant submit a complete, verified reply to Plaintiffs :Request for Production of Documents Directed to Defendant within _;2a days of the date of this Order and produce the Defendant for deposition at a time agreeable to the parties no later than 'AwAah 4Jw) . BY THE COURT: ,4'j?_d Date: TRUE COPY FROM REC(NRD In Testimony wh•rtof, I here ynto set my hand ari the seal of said Court Vlarlisle, Pa. EXHIBIT "B" EDELSTEIN & DIAMOND, LLP JAY L EDELSTEIN- LAWRENCE R. DIAMOND- DANA LAGANELLA- BRANDON J. NOWAK••• ANDREA LEE ABRASS-. BRYAN V. ARNER' MARNI J. BROOKS' MEMBER OF PA & NJ BAR MEMBER OF PA NJ & FL BAR MEMBEROF FL BAR "` MEMBER OF PA BAR NEW JERSEY OFFICE ONE GREENTREE PLAZA SUITE 201 MARLTON, NJ 08053 (856) 988-5520 ATTORNEYS AND COUNSELORS AT LAW 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 Fax (215) 893-9310 JLEO,EdelsteiD Iew.eom September 1, 2004 OF COUNSEL HAROLD DIAMOND'''. BRIAN L. STRAUSS-'• TAMPA OFFICE 1800 SECOND STREET SUITE 960 SARASOTA, FL 34236 (941) 954-8555 FAX (941) 9542304 OUR FILE NO:410.009 VIA FAX AND FIRST CLASS MAIL: 610-983-0570 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 RE: WILLIAM M. AND BETSY WEBB v. DARCY A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: As you are aware there was a scheduling error that prevented the deposition of Defendant, Darcy Schaefer from going forward today in connection with the above captioned matter. I would like to take this time again to apologize to you for "wasting your time". Contrary to your belief, we do intend to produce Ms. Schaefer for deposition immediately. Please advise this office of dates you are available to take Ms. Schaefer's deposition. In our discussion we talked of deposing all parties at once, which I am still agreeable to, however, should you want Ms. Schaefer's deposition earlier, I will make arrangements for same. As you know, I offered to hold the deposition this afternoon, however, you were not agreeable to this, instead you threatened a Motion for Sanctions, although, considering the situation, I do not feel this is warranted. I would like to reiterate from our telephone conversation, this was simply a scheduling error. Even though, as you indicated, in your perfect world this does not happen, such things do occur. I would also remind you that there is outstanding discovery due from the plaintiffs, that we have yet to receive. I find it inconceivable that you will file a. Motion for Sanctions against us, when you have yet to provide answers to our discovery. In any event, I apologize for any inconvenience to you that may have occurred from this mistake. Very Truly Yours, BRYAN V. ARNER BVA/ba bcc: Ms. Patricia Corcoran/METLIFE AUTO AND HOME/FILE NO.: WFA51067GD EXHIBIT "IC" EDELSTEIN & DIAMOND, LLP JAY L. EDELSTEIN' LAWRENCE R. DIAMOND' DANA LAGANELLA•' BRANDON J. NOWAK- ANDREA LEE ABRASS- BRYAN V. AKNER- MARMI J. BROOKS' ATTORNEYS AND COUNSELORS AT LAW 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 Fax (215) 893-9310 JLE(a Edelsteinlaw.conn OF COUNSEL HAROLD DIAMOND'**- BRIAN L STRAUSS-* MEMBER OF PA & NJ BAR MEMBER Of PA, NJ & PL BAR MEMBER OF PL BAR ^^^ MEMBER OF PA BAR NEW JERSEYOFFICE ONE GReENTREE PLAZA SUITE 201 MARLTON, NJ 08053 (856) 988-5520 TAMPA OFFICE 1800 SECOND STREET SUITE 960 SARASOTA, FL 34236 (941) 954-8555 FAX (941) 954-2304 OUR FILE No:410.009 September 1, 2004 VIA FAX AND FIRST CLASS MAIL: 610-983-0570 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 RE: WILLIAM M. AND BETSY WEBB v. DARC:Y A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: Due to the scheduling error which prevented Defendant, Darcy Schaefer's deposition from going forward today in connection with the above captioned matter, I would like to provide you with alternative dates Ms. Schaefer is available to be deposed. Ms. Schaefer is available the following dates: September 15-17, 2004 September 20, 2004 September 22-23, 2004 September 27-30, 2004 Please advise as to your availability. Thank you for your cooperation with this matter. Very Truly Yours BRYAN V. ARNER BVA/ba bcc: Ms. Patricia Corcoran/METLIFE AUTO AND HOME/FILE NO.: WFA51067GD EXHIBIT "D" EDELSTEIN & DIAMOND, LLP JAY L. EDELSTEIN• LAWRENCE R. DIAMOND" KEVIN E. STEINBERG• DANA LAGANIELLA- BRANDONJ.NOVV K- ANDREA LEE ABRASS•" BRYAN V. ARNEW MARNI J. BROOKS` ' MBMBEROF PA&N19AR MEMBER OF PA NI & M BAR ' MEMBEROF FL BAR MEMBER OF PA BAR Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 September 15, 2004 RE: Webb v. Schaefer Cumberland County, PA 03-5947 Dear Ms. Mauer: OF COUNSEL HAROLD DIAMOND"" BRIAN L. STRAUSS"" OUR FILE NO: 410.009 Please be advised that the depositions will take place on Thursday, September 23, 2004 at 11:00 a.m. as previously scheduled. It is my understanding that my client will be available and the depositions will move forward as scheduled of all parties. Thank you. Thank you for your courtesy and cooperation. Very truly yours, ATTORNEYS AND COUNSELORS AT LAW 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 Fax (215) 893-9310 JLE(a,Edelsteinlaw.Dom NEW JERSEY OFFICE ONE GRBENTREE PLAZA SUITE 201 MARLTON, NJ 08053 (856) 988-5520 TAMPA OFFICE 11800 SECOND STREET SUITE 960 SARASOTA, n 34236 (941) 954-8555 FAX (941) 954-2304 JAY L. EDELSTEfN JLE\pw ?? ra _ [s O ,_ r-r i ...? 'v: ri -?` -_. o r? _ rt,J -i_ rv '? :? o PRAECIPE FOR LISTING CASE FdR ARGUMENT (Must be typewritten and submitted) in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY:, Please list the within matter for the ne:Kt Argument Court. CAPTION OF CASE: (entire caption must be stated in full) William K Webb and Betsy Webb, h/W (Plaintif f) V. Darcy A. Schaefer (Defendant) No. 03-5947 Civil 2003 12003 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Sanctions 2. Identify counsel who will argue case: Lisa J. Mauer, Esquire (a) for plaint : i f f : 1220 Valley Forge Road, Suite 22, POB 987 Address Valley Forge, PA 19482 (b) for defendant : Brian Strauss, Esquire Address : 230 South Broad Street, Suite 900 Philadelphia, PA 19102 3. I will notify all parties in writing within two days that this case k been listed for argument. 4. Argument Court Date: December 8, 2004 Dated: ._,L..), t, . "/,?lI U , t Or ey f r plaintiff f r,' ? ; ? ? ?: ? i= ? S = ? ? r '', c ? ??ti .?_.{? ...? ? ?? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WEBB TERM, -VS- CASE NO: 03-5947 METLIFE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN STRAUSS, ES 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. DATE: 12/27/2004 MCS on behalf f BRIAN S R SUSS, ESQ. Attorney for DEFENDANT DE1:_-534997 6 3 9 3 2- L 1. 1 C O M M O N W E A IT H OP P E N N S 1" L VAN 2 A COUNTY O EP C U M B E R I? AN 13 IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE TERM, CASE NO: 03-5947 NOTICE OF INTEXT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 JIM LOWE AUTOMOBILE DETAILING EMPLOYMENT THOMAS J. GREEN, M.D. MEDICAL RECORDS STEVEN WOLF, M.D. MEDICAL RECORDS TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRIAN STRAUSS, ESQ. 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: 12/06/2004 CC: BRIAN STRAUSS, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRIAN STRAUSS, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-285893 6 3 9 3 2- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JIM LOWE AUTOMOBILE DETAILING (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 RIDER **** at The MCS Group, Inc., 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: BRIAN STRAUSS. ES ADDRESS: 230 S BRAOD STRE)_ TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 2 7 2004 Date: Seal of the Court BY E COURT: k-? Prothonotary. Clerk, Civil Divisi eputy 63932-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JIM LOWE AUTOMOBILE DETAILING RECONDITIONING 711 SOUTH YORK ST. MECHANICSBURG, PA RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10--536940 6 3 9 3 2- L 1 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN STRAUSS, ESQ. 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: 12/27/2004 BRIAN STRAUSS, ESQ. Attorney for DEFENDANT DE11-534998 6 3 9 3 2- L 1 2 C O M M O N W E A L 7H op P E N N S y L VAN 2 A C O UN T Y OP C U M B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE TERM, CASE NO: 03-5947 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 JIM LOWE AUTOMOBILE DETAILING EMPLOYMENT THOMAS J. GREEN, M.D. MEDICAL RECORDS STEVEN WOLF, M.D. MEDICAL RECORDS TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRIAN STRAUSS, ESQ. 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: 12/06/2004 CC: BRIAN STRAUSS, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRIAN STRAUSS, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 11501 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02•-285893 6 3 9 3 2- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for THOMAS J. GREEN, 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 RIDER **** at The MCS GrOnn. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: BRIAN STRAUSS, ES ADDRESS: 230 S. BRAOD STREI TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Di DEC 2 7 2004 Date: 1 , a eo6Y Seal of the Court 63932-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THOMAS J. GREEN, M. D. 1 DUNWOODY DR. CARLISLE, PA 17013 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10-•536942 6 3 9 3 2- L 1 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN STRAUSS, ESQ. 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: 12/27/2004 BRIAN STRAUSS, ESQ. Attorney for DEFENDANT DE11•-534999 6 3 9 3 2- L 1. 3 C O M M O N W E A L T H Or P E N N S -?! L VAN M 2k COUNTY Or C U M B E R IRAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE TERM, CASE NO: 03-5947 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 JIM LOWE AUTOMOBILE DETAILING EMPLOYMENT THOMAS J. GREEN, M.D. MEDICAL RECORDS STEVEN WOLF, M.D. MEDICAL RECORDS TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRIAN STRAUSS, ESQ. 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: 12/06/2004 CC: BRIAN STRAUSS, ESQ. - 410.009 PATRICIA CORCORAN - MCS on behalf of BRIAN STRAUSS, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #1300 PHILADELPHIA, PA 19103 (215) 246-0900 DE02--285893 6 3 9 3 2- C O 2 COMMONWEAL'T'H OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS CSR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for STEVEN WOLF. 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 RIDER **** at The MCS Group, Inc._ 1601 Market Street. Suite 800. Philadelphia, PA 19103 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 comely with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BRIAN STRAUSS, ESQ. ADDRESS: 230 S. BRAOD STREET SUITE 900 PHILADELPHIA, PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 2 7 2004 Date: Ec- Seal of the Court BY YE COURT: Prothonotary/Clerk, Civil Divisio Deputy 63932-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STEVEN WOLF, M. D. ORTHO. INSTITUTE OF PA. 890 POPLAR CHURCH RD CAMP HILL, PA RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10-536944 63932-T-,3-3 C'a ? Cl CD -c G., GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION - LAW Defendant PLAINTIFFS' MOTION TO COMPEL DEFENDANT'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND PLAINTIFFS' EXPERT INTERROGATORIES 1. This case arises from a November 28, 2001 motor vehicle accident involving vehicles driven by Plaintiff Michael Webb and Defendant Darcy Schaefer. 2. This action was commenced by the filing of a Praecipe for Issuance of a Writ of Summons. 3. On January 6, 2004 Plaintiffs filed a Complaint. 4. On October 1, 2004 Plaintiffs served a Second Request for Production of Documents and Expert interrogatories on Defendant. To date Plaintiffs have not received a reply to the Request for Production of Documents or the Expert Interrogatories. WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel Defendant Darcy Schaefer to provide Plaintiffs William and Betsy Webb with responses to their Second Request for Production of Documents and Expert Interrogatories. Respectfully Submitted, By: Date: GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant NO: 03-5947 CIVIL ACTION - LAW Attorney for Plaintiff CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this day of r r 2005, a true and correct copy of Plaintiffs' Motion to Compel Defendant's Response to Plaintiffs' Second Request for Production of Documents and E=rt Interrogatories was sent by first class, postage prepaid US mail to the following: Gary Brascetta, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. By: ilaL L'sa,,J. Mau , Es wire Atorn ey fo laintiffs C? f, :7 CD C> --1 ti?li GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff FEB 0 8 2005 ?ej WILLIAM M. WEBB and BETSY WEBB hfw Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW ORDER AND NOW, THIS day of 2005, upon consideration of Plaintiffs' Motion to Compel Defendant's Response to Plaintiffs' Second Request for Production of Documents and Expert Interrogatories and any responses thereto, it is hereby ORDERED that Defendant submit a complete, verified reply to Plaintiffs' Second Request for Production of Documents and Plaintiffs Expert Interrogatories Directed to Defendant within days of the date of this Order. BY THE COURT: J. Date: GRAHAM &c MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and : COURT OF COMMON PLEAS OF BETSY WEBB h/w plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION • LAW Defendant PLAINTIFFS' MOTION TO COMPEL DEFENDANT'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND PLAINTIFFS' EXPERT INTERROGATORIES This case arises from a November 28, 2001 motor vehicle accident involving vehicles driven by Plaintiff Michael Webb and Defendant Darcy Schaefer. 2. This action was commenced by the filing of a Praecipe for Issuance of a Writ of Summons. 3. On January 6, 2004 Plaintiffs filed a Complaint. 4. On October 1, 2004 Plaintiffs served a Second Request for Production of Documents and Expert Interrogatories on Defendant. To date Plaintiffs have not received a reply to the Request for Production of Documents or the Expert Interrogatories. WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel Defendant Darcy Schaefer to provide Plaintiffs William and Betsy Webb with responses to their Second Request for Production of Documents and Expert Interrogatories. Respectfully Submitted, By: ; Date: ?Li JMa Esquire GRAHAM & MAUER, P.C. Attorney for Plaintiff By: Lisa J. Mauer, Esquire 11) # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this 3? day of . r or 2005, a true and correct copy of Plaintiffs' Motion to Compel Defendant's Response to Plaintiffs' Second Request for Production of Documents and Expert Interco tag ones was sent by first class, postage prepaid US mail to the following: Gary Brascetta, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM 8t MAUER, P.C. By: JV' s J. i,Es 'e al' Attorney fo : laintiffs ?, yr GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff FEB U s nub e WILLIAM M. WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DARCY A. SCHAEFER NO: 03-5947 CIVIL ACTION -.LAW Defendant PL&WIFFS' MOTION TO COMPEL DEFENDANT'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS: - AND PLAINTIFFS' EXPERT INTERROG.kTQ$IES >, c• This case arises from a November 28, 2001 motor vehicle accident involving vehicles d iven- by Plaintiff Michael Webb and Defendant Darcy Schaefer. 2. This action was commenced by the filing of a Praecipe for Issuance of a Writ of Summons. 3. On January 6, 2004 Plaintiffs filed a Complaint. 4. On October 1, 2004 Plaintiffs served a Second Request for Production of Documents and Expert Interrogatories on Defendant. 5. To date Plaintiffs have not received a reply to the Request for Production of Documents or the Expert Interrogatories. WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel Defendant Darcy Schaefer to provide Plaintiffs William and Betsy Webb with responses to their Second Request for Production of Documents and Expert Interrogatories. Respectfully Submitted, By: Date: ?_3(_ Li M ,E e WILLIAM M. WEBB IN THE COURT OF COMMON PLEAS OF and BETSY WEBB, h/w, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW DARCY A. SCHAEFER, : Defendant NO. 03-5947 CIVIL TERM ORDER OF COURT AND NOW, this 10 h day of February, 2005, upon consideration of Plaintiffs' Motion To Compel Defendant's Response to Plaintiffs' Second Request for Production of Documents and Plaintiffs' Expert Interrogatories, a. Rule is hereby issued upon Defendant to show cause why the relief requested should riot be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Lis J. Mauer, Esq. he Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Attorney for Plaintiffs Br an V. Amer, Esq. lstein & Diamond, LLP 230 South Broad Street Suite 900 Philadelphia, PA 19102 Attorney for Defendant trp .41) og-l / -05 :rc _ i r GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION • LAW MOTION TO MAKE RULE ABSOLUTE Lisa J. Mauer, Esquire, attorney for Plaintiffs, moves this Honorable Court enter the attached Order compelling Defendant's responses to discovery, and, in support thereof, respectfully represents that: On January 31, 2005, Lisa J. Mauer, Esquire filed a Motion requesting this Court to compel Defendant's Response to Plaintiffs' Second Request for Production of Documents and Plaintiff's Expert Interrogatories. 2. Said Motion to Compel was served upon defense counsel via US mail on or about October 31, 2005. 3. Said Motion to Compel along with a proposed Order was entered into the docket by Cumberland County Prothonotary on February 7, 2005. 4. On February 10, 2004 an Order of Court was entered directing Defendant to show cause within twenty (20) days after service why the relief requested should not be granted. 5. On February 17, 2005 Defendant purportedly served responses to Plaintiffs' Second Request to Produce and Expert Interrogatories on Plaintiff. (attached hereto as exhibit 6. Defendant's Response to Plaintiffs' Second Request to Produce references color copies of nineteen (19) photographs. However, said photographs were not attached to Defendant's response. 7. Paragraph one of Defendant's Response to Plaintiff's Expert Interrogatories states, "When expert(s) has/have been retained to testify at trial„ expert report(s) and curriculum vitae will be forwarded." 8. John Perry, M.D. personally examined Plaintiff Michael Webb on December 30, 2004. While Defendant's Response to Plaintiffs' Expert Interrogatories did include the curriculum vitae of defense medical expert John Perry, M.D., Dr. Perry's expert report has never been provided. 9. On February 2, 2005, defense vocational expert, Harold Kulman, interviewed Plaintiff Michael Webb. 10. On February 11, 2005 Plaintiff made a written request for Defendant's vocational expert report. (attached hereto as exhibit "B") It. To date, Defendant has not produced either Mr. Kulman's expert report or curriculum vitae. 12. Twenty six (26) days have elapsed since the Order of Court was issued and Defendant has failed to show cause why the relief requested should not be granted. WHEREFORE, Plaintiffs respectfully request that this Court enter the attached Order. Respectfully Submitted, AG By: ?t? ?Ma ?r, Esquire 1 MAUER, P.C. Date: 1? - ( U •- C -- EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 '(215)893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w v. DARCY A.SCHAEFER Attorney for defendant Darcy A. Schaefer COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW 1. See attached color copies of the seventeen (17) copies of photographs-provided in Defendant. Darcy A. Schaefer's Response to Plaintiffs' Request for Production of Documents -dated June 25, 2004. 2. See attached color copies of the two (2) photographs depicting damage to Plaintiff s and Defendant's vehicle taken at the scene of the accident and attached as exhibits to Defendant's deposition transcript of September 23, 2004. Date: 3. None. EDELSTEIN & DIAMOND 9 i By: BRYAN V. ARNER, ESQUIRE hI?2 d? VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 PA C.S. 4904 relating to unswom falsification to authorities. BRYAN V. ARNER, ESQUIRE DATE: N I 1 ZI bq CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WILLIAM & BETSY WEBB COURT OF COMMON PLEAS -VS- DARCY A. SCHAEFER TERM, CASE N0: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY J. BRASCETTA, 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. DATE: 02/22/2005 MCS n beh if f ?GA J. SC" 1 Attorney for DEFENDANT DE11-544728 3 4 0 0 6- 1, 0 6 C O M M O N W E A L T H OF, P E N N S Y L VAN T A COUWTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM & BETSY WEBB -VS- DARCY A. SCHAEFER TERM, CASE NO: 03-5947 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SUNBURY COMMUNITY HOSPITAL MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY J. BRASCETTA, 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: 02/01/2005 CC: GARY J. BRASCETTA, ESQUIRE - 410-009 PATRICIA CORCORAN - MPA51067GD MCS on behalf of GARY J. BRASCETTA, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-290882 3 4 0 0 6- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM & BETSY WEBB VS. DARCY A. SCHAEFER File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INB RY COMMUNITY HOSPITAL (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 RIDER **** at The MCS Group- Inc. 1601 Market Street. Suite 800. Philadelphia- A 19103 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: GARY J. BRASCETTA. ESOUI ADDRESS: 230 S. BROAD STREET PHILADELPHIA. PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Civil Deputy Dater Seal of the Court 34006-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUNBURY COMMUNITY HOSPITAL 350 N. 11TH STREET SUNBURY, PA 17801 RE: 34006 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10-545734 3 4 0 0 6- 1,0 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM & BETSY WEBB TERM, -VS- CASE NO: 03-5947 DARCY A. SCHAEFER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY J. BRASCETTA, 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: 02/22/2005 GARY J. BRASCETTA, ESQUIRE Attorney for DEFENDANT DE11-544729 3 4 0 0 6- 1, 0 7 C O M M O N W E A L T H OP P E N N S Y L VANS A COZ.INTY OF CUMBERLAND IN THE MATTER OF: WILLIAM & BETSY WEBB -VS- DARCY A. SCHAEFER COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SUNBURY COMMUNITY HOSPITAL MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY J. HRASCETTA, 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: 02/01/2005 CC: GARY J. BRASCETTA, ESQUIRE - 410-009 PATRICIA CORCORAN - WPA51067GD Any questions regarding this matter, contact MCS on behalf of GARY J. BRASCETTA, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-290882 3 4 0 0 6- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM & BETSY WEBB vs. DARCY A. SCHAEFER File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL 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: **** SEE ATTACHED RIDER **** at The MCS Group. Inc. 1601 Market Street it 800 Philad (phia PA 19103 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: GARY J. BRASCETTA. ESQUIRE ADDRESS: 230 S. BROAD STRE .T SUITE 900 PHILADELPHIA PA 19102 TELEPHONE: (,2I5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: J."71) ,27 Q06L - Seal of the Court BY E COURT: Prothonotary/Clerk, Civil Divisjerf ////1 ? _v ? ryJ?i f / eputy ?^ v 34006-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 34006 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security X: 192-34-7122 Date of Birth: 07-29-1945 SU10-545736 34 0 0 6- L 07 ?, "` } ? ?. a ss CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB -VS- MET LIFE COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY J. BRASCETTA, 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. DATE: 02/28/2005 FMCS„ pQbehalf ?of t GARY J. SCETTA, ESQUIRE Attorney for DEFENDANT DE11-549694 34006-L 08 C O M M ONW E AL T H OF COUNTY OF, IN THE MATTER OF: WEBB _VS_ MET LIFE NOTICE OF INTENT THINGS FC ERIE INSURANCE GROUP P E NN S Y L VAN 2 A CUMBER LAND COURT OF COMMON PLEAS TERM, CASE NO: 03-5947 INSURANCE TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY J. BRASCETTA, 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: 02108)2005 MCS on behalf of GARY J. BRASCETTA, ESQUIRE Attorney for DEFENDANT CC: GARY J. BRASCETTA, ESQUIRE - 410-009 PATRICIA CORCORAN - Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-291810 3 4 0 0 6- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : VS. MET LIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BRIE INSURANCE GROUP (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 RIDER * * * * at The MCS Group. Inc., 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: GARY J. BRASCETTA. ESQUIRE ADDRESS: 230 S. BROAD STREET SUITE 900 PHILADELPHIA. PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, ED 7 8 LUIf5 Date: / 'arms Seal of the Court 34006-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP 4901 LOUISE DRIVE P. O. BOX 2013 MECHANICSBURG, PA 17055 RE: 34006 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING ANY AND ALL CLAIM FILE INCLUDING BUT NOT LIMITED TO THE DECLARATION SHEET IN EFFECT 11/28/2001; Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: u to and including the present. Subject WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-347122 Date of Birth: 07-29-1945 Date of Lass: 11/28/2001 SU10-547282 34006-1,08 ('` N -? Y U 't 1 . o " ` --{ " ?. ;::a _.r 1 11 '? ^', (-? _a: ?'1 ? f'1 ?? F GRA14AM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 IWAR 15 2005" Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER COURT OF COMMON PLE CUMBERLAND COUNTY, OF NO: 03-5947 CIVIL ACTION - LAW Defendant ORDER AND NOW, THIS day of M y G ? 2005, upon Plaintiffs' Motion to Make Rule Absolute and any responses thereto, it is hereby that Defendant submit a complete, verified reply to Plaintiffs Second Request for Documents Directed to Defendant, including color copies of the nineteen (19) requested therein, and produce Defendant's medical and vocational experts' reports curriculum vitae within 3d days of the date of this Order. \l? .'J'am Date: BY THE COURT: VANIA of of y l?1 rr3'^r. ^;Ari7x? M D67 j dJ :.,Hi 20 11 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB hlw Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN NO: 03-5947 CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE Lisa J. Mauer, Esquire, attorney for Plaintiffs, moves this Honorable Court attached Order compelling Defendant's responses to discovery, and, in support respectfully represents that: L On January 31, 2005, Lisa J. Mauer, Esquire filed a Motion requesting this compel Defendant's Response to Plaintiffs' Second Request for Production Documents and Plaintiff's Expert Interrogatories. 2. Said Motion to Compel was served upon defense counsel via US mail on or October 31, 2005. 3. Said Motion to Compel along with a proposed Order was entered into the Cumberland County Prothonotary on February 7, 2005. 4. On February 10, 2004 an Order of Court was entered directing Defendant to VANIA the to by cause within twenty (20) days after service why the relief requested should not be 5. On February 17, 2005 Defendant purportedly served responses to Plaintiffs' Request to Produce and Expert Interrogatories on Plaintiff. (attached hereto 4 exhibit 6. Defendant's Response to Plaintiffs' Second Request to Produce references color copies of nineteen (19) photographs. However, said photographs were not attached Defendant's response. Paragraph one of Defendant's Response to Plaintiff's Expert Interrogatories "When expert(s) has/have been retained to testify at trial, expert report(s) ar vitae will be forwarded." 8. John Perry, M.D. personally examined Plaintiff Michael Webb on December P0, 2004. While Defendant's Response to Plaintiffs' Expert Interrogatories did include curriculum vitae of defense medical expert John Perry, M.D., Dr. Perry's exp#t report has never been provided. 9. On February 2, 2005, defense vocational expert, Harold Kulman, interviewed Michael Webb. 10. On February 11, 2005 Plaintiff made a written request for Defendant's vocatigol expert report. (attached hereto as exhibit "B") It. To date, Defendant has not produced either Mr. Kulman's expert report or vitae. 12. Twenty six (26) days have elapsed since the Order of Court was issued and has failed to show cause why the relief requested should not be granted. WHEREFORE, Plaintiffs respectfully request that this Court enter the attached Order. Respectfully Submitted, i _ By: i J. j1c, EquirG MAUER P.C. Date: I' 1 ' •II EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Attorney for defendant Philadelphia, PA 19102 Darcy A. Schaefer (215) 893-9311 Fax: (215) 893-9310 -- E&D File No. 410.009 WILLIAM M. WEBB AND COURT OF COMMON PLEAS BETSY WEBB, h/w CUMBERLAND COUNTY, PENNS VANIA V. NO.: 03-5947 CIVIL ACTION-LAW DARCY A. SCHAEFER DEFENDANT. DARCY A. SCHAFFER'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOC ME TS 1. See attached color copies of the seventeen (17) copies of photograp provided in Defendant. Darcy A. Schaefer's Response to Plaintiffs' Request for Production of ocuments dated June 25, 2004. 2. See attached color copies of the two (2) photographs depicting dam.#e to Plaintiff s and Defendant's vehicle taken at the scene of the accident and attached a? exhibits to Defendant's deposition transcript of September 23, 2004. 3. None. II Date: ??? ?2(t7? EDELSTEIN & DIAMOND By: BRYAN V. ARNER, ESQUIRE VERIFICATION The averments or denials of facts contained in the foregoing are true ased upon the signer's personal knowledge or information and belief. If the foregoing contains a rments which are inconsistent in fact, signer has been unable, after reasonable investigation, to a certain which of the inconsistent averments are true, but signer has knowledge or information su icient to form a belief that one of them is true. This verification is made subject to the penalties 18 PA C.S. 4904 relating to unswom falsification to authorities. BRYAN V. ARNER, ESQUIRE DATE: 1 x.112,1 bq i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WEBB METLIFE -VS- CASE NO: 03-5947 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ BRIAN STRAUSS, ESQ. certifies that COURT OF COMMON PLEAS TERM, (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. DATE: 04/11/2005 /V MC on behalf o L.L' / B N R SQ. Attorney for DEFENDANT DE11-554388 63932-L 3-4 I COMMONWEALTH or P E NN S Y L VAN 2 A COUNTY OP C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS WEBB -VS- METLIFE TERM, CASE NO: 03-5947 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCONffiNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE CARDIOLOGY, INC. MEDICAL RECORDS & BILLING TO: LISA J. MAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BRIAN STRAUSS, ESQ. 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: 03/22/2005 CC: BRIAN STRAUSS, ESQ. - 410.009 PATRICIA CORCORAN - Any questions regarding this matter, contact MCS on behalf of BRIAN STRAUSS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-295939 6 3 9 3 2- C O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WEBB : vs. METLIFE File No. 03-5947 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE CARDIOLOGY. INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group- Inc 1601 Market Street_ Suite 800. Philadelphia_ PA 19104 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 parry 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: BRIAN STRAUSS. ES ADDRESS: 230 S. BRAOD STREI TELEPHONE: (215) 246-0900 , SUPREME COURT ID #: _ ATTORNEY FOR: Defendant BY THE APR 1 i Luuj 4cuue 1 t ^ 'I??e GY ? Deputy Date: .1 Deputy Seal of the Court 63932-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CARLISLE CARDIOLOGY, INC. 850 WALNUT BOTTOM ROAD //304 CARLISLE, PA 17013 RE: 63932 WILLIAM MICHAEL WEBB Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM MICHAEL WEBB 126 E. PENN STREET, CARLISLE, PA 17013 Social Security #: 192-34-7122 Date of Birth: 07-29-1945 SU10-554502 63932-1,14 r? _ ? r_> ?-, ? -n r T "1 ?? `7 'Yl iJ ill f _.. ?1 " 4? ? ? 'r, `: _ f -? . -._{ fn _ CJ GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW PLAINTIFFS' MOTION FOR SANCTIONS 2. 3. 4. Defendant's conduct in this matter, particularly with respect to discovery, has been so dilatory that Plaintiff was required to seek the assistance of this court. On August 18, 2004, this court issued an Order compelling Defendant's deposition within forty days (Order attached hereto as Exhibit "A"). Defendant's deposition was scheduled to take place on September 1, 2004, as confirmed by defense counsel's letter of August 23, 2004, attached hereto as Exhibit "B". On September 1, 2004, Defendant Darcy Schaefer appeared for her deposition as did Plaintiffs' counsel, Lisa J. Mauer, Esquire and the court reporter, Gail McLucas. Defendant Darcy Schaefer's counsel did not appear to defendant said deposition. Neither Plaintiff nor Plaintiffs counsel received any notice that Defendant Darcy Schaefer's counsel would not appear to defend Defendant's deposition prior to the scheduled time of that deposition. 5. When Defendant's counsel was located in his Philadelphia office, he refused to participate in the deposition by telephone. 6. As a result of defense counsel's failure to defend said deposition, the undersigned has incurred the following expenses: Court reporter appearance fee - paid by Graham & Mauer, P.C. (Filius and McLucas Invoice attached hereto as Exhibit "C") $100.00 2. 3.5 attorney hours at $250.00 per hour $875.00 3. Mileage (194 @ $36 per mile) and tolls ($4.50) 73.84 $1,048.84 WHEREFORE, Plaintiff respectfully requests that this honorable court impose sanctions upon defense counsel and award fees and costs in accordance with the attached Order. GRAHAM & MAUER, P.C. By: , 4""a, I 'L Mau `, E quire Attorney for laintiffs Date: AUG 1 7 2004 GRAHAM & MAUER, P.C. By. Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff ,At-" WILLIAM M. WEBB and : COURT OF COMMON PLEAS OF BETSY WEBB hlw : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DARCY A. SCHAEFER Defendant NO: 03-5947 CIVIL ACTION - LAW AND NOW, THIS day Tow?a , 2004, upon consideration of Plaintiffs' Motion to Make Rule Absolute , it is hereby ORDERED that Defendant submit a complete, verified reply to Plaintiffs Request for Production of Documents Directed to Defendant within 4 days of the date of this Order and produce the Defendant for deposition at a time agreeable to the parties no later than ya--z ? BY THE COURT: J. Date: TRUE COPY FROM RECf RD In Testimony wh • n-of, I here nto set my hand andeshe seal of said Court rIsdisle, Pa. JAY L EDELYMne IAVIMCE R. DUMON"•• "ANA UGANELU•- RIIA "J. mowA -- ANDREA LEE ABRAM- %RYAN V. ARNER• MARNI A BROOKS' 4lAOIlAOr PA a w R0 EDELSTEIN & DIAMOND, LLP ATTOI M AND CDUNSELOn.T AT LAW 230 SOUTH BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 Fax (215) 893-9310 JLEna.F.debteinbw.tom - oicau"M RAROW OtAJA"ND BRIAN L ETRAUB - '•.wJwaaPAw tPI MI\ wJauae. aAa •, . Ntw n11l6Y OPPICL TAMPA OTACK . .. ORB GBRENTRER PLAZA 10" Sac"NB ITu" M.W.t"N,NJ"lW SAKAW40LS41N I ' t%I) 9114401111 OUR FILE N0:410.009 . . August 23, 2004 Lisa J. Mauer, Esquire GRAHAM & MAUER, F.C. The Conunons At Valley Forge Suite 22, PA: Box 987 Valley Forge, PA 19482 RE: WILLIAM M. AND BETSY WEBB v. DARCY A. SCfIAEFER C.C.P.; CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: I, received the Court's Order dated August 18, 2004 compelling defendant's deposition and responses to Request for Production of Documents in connection with the above e0ptioned matter. As you are aware Ms. Schaefer's deposition is scheduled for September 1, 2004"at the court reporting firm of Filius & McLucas at 11:00am. As for the response to Request for Production of Documents, you are already in possession of Ms. Schaefer's Responses, which were forwarded to you attention on June 25, 2004. I have enclosed a copy of the cover letter for your convenience. I trust mire. the deposition takes place, the Order will be satisfied. As for scheduling the depositions of your clients, I will wait until I receive responses to our revised discovery forwarded to your attention on August 17, 2004, before going forward. Should you have any questions or concerns, please do not hesitate to contact me`:' V ly Yours, BRYAN V. ARNER Enclosures . J I Filius & McLucas Repotting Service, Inc, 1427 East Market Street Vat*, PA 174173 (7IT)%45-64',4 Fax ^17)8543)11 IN V 01C W902 f003t6J ? t1f1a13lXN?a Lisa J. Mauer, Esquire Graham & Mauer. P.C. Bldg. 22, Valley Parise Commoae 1220 Valley Forge Road Valley Forge, PA 19482 lnopsaxanoe it* only of r Scheduled Deposition LATE CANCELLATYON FTE TAX 11D 110.: 23-2945305 Platse deluah bottam portion and return with payment. UK J. Mauer, Esquire Om'h m & Maur, P.C. ift. 22, VkNdy Forge Cbmrtannt 1120Vd1wVVr eRams V&&-yPorM A4 19 A2 (BO AI B-0M Pax (610) 904570 Snmicre Pao.: 1003164 Data _ 09/03/2004 24Y 1L DOS r 100.00 Job no. 01-125967 Caro No. Webb vs. Sdhaefer OJ•12l961 09C/2004 1 MCLUGA 1 cAsarAV"CN fI Webb vs. Schoeft ?..._..... _. TERMS 4 - ' Net 30 iao.oe TOTAL DVS »» 100.00 Ramt To: Fillue & McLacas Raportlng Sarvtaa, Inc. 1427 Eat Market Street York. PA 17aM3 GRAHAM & MAUER, P.C. Attorney for Plaintiff By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M WEBB and COURT OF COMMON PLEAS OF BETSY WEBB h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO: 03-5947 V. DARCY A. SCHAEFER CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, LISA J. MAUER, ESQUIRE, hereby certify that on this day of April 2005, a true and correct copy of Plaintiffs' Motion for Sanctions was sent by first class, postage prepaid US mail to the following: Gary Brascetta, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P. C. n By: Lisa' ue , squi Attorney for aintiffs cf? l C.) J GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs WILLIAM M. WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR MKOVERY PURSUANT TO RULE 4009.21 Plaintiff William Michael Webb 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. GRAHAM & MAUER, P.C. By: L(k ?. J Mau , Esquire Attorney for Plaintiffs Date: '15 -11-?'5 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 WILLIAM M WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Internal Revenue Service, Philadelphia, Pennsylvania Within twenty (20) days after service of this subpoena, you are ordered by this court to produce the following documents or things: Tax returns for William M. Webb (Social Security No. 192-34-7122) for the years 2000, 2001 and 2002 with all corresponding schedules 1099s and W-2s whether filed as single or joint tax returns with his wife. Betsv Webb (Social Securitv No. 186-62-0653 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 parry making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies of 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: Lisa J. Mauer. Esquire. Attomey ID# 65426 Attorney for Plaintiff 1220 Valley Forge Road_ Suite 22, POB 987. Valley Forge PA 19482 610-933-3333 Address Phone GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID # 65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiffs WILLIAM M WEBB and BETSY WEBB h/w Plaintiffs V. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Lisa J. Mauer, Esquire, hereby certify that on this _JL day of May, 2005, that a true and foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery was sent first class mail, postage pre-paid to the following: Gary Brascetta, Esquire Edelstein & Diamond, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 GRAHAM & MAUER, P.C. BY ` v Lisa l uer sq ?r A#torn y for intiffs ,..., ' ??, ? .? ,.. ,, " , <-- ?.? EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 Attorney for defendant(s) Darcy A. Schaefer WILLIAM M. WEBB AND BETSY WEBB, h/w V. DARCY A. SCHAEFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW DEFENDANT, DARCY A. SCHAEFER'S RESPONSE TO PLAINTIFFS' MOTION FOR SANCTIONS For the reasons set forth in the accompanying Memorandum of Law, Defendant, Darcy A. Schaefer, by and through her counsel, Edelstein & Diamond, respectfully requests that this Court enter the attached Order. EDELSTEIN & DIAMOND By: - BRYAN V. ARNER, ESQUIRE Attorney for Defendant, Darcy A. Schaefer EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 Attorney for defendant(s) Darcy A. Schaefer WILLIAM M. WEBB AND BETSY WEBB, h/w v. DARCY A. SCHAEFER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW 1. FACTUAL BACKGROUND This matter stems from an automobile accident which occurred on or about November 28, 2001 in Cumberland County, Pennsylvania, of which plaintiffs are alleging injuries sustained as a result of this alleged incident. The instant Motion for Sanctions stems from the cancellation of the deposition of Defendant, Darcy A. Schaefer (hereinafter "Schaefer"), due to a scheduling error, which was scheduled to take place on September 1, 2004. II. LEGAL ARGUMENT Plaintiffs' are correct, that by way of Court Order dated August 18, 2004, Schaefer is lobligated to appear for deposition no later than 40 days from the date of this order. (See a true and correct copy of the Court's Order dated August 18, 2004 attached hereto as Exhibit "A") Plaintiffs' are also correct that the deposition of Schaefer was scheduled for September 1, 2004. However, due to a scheduling error in the office of Counsel for Schaefer, the deposition did not take place, and was ultimately cancelled by Counsel for Plaintiffs. Plaintiffs maintain in their Motion for Sanctions that Defendant's Counsel, when located, refused to participate in the deposition by phone. Which is true, however, Plaintiffs fail to recognize that after the mistake was revealed, Counsel for Defendant offered to hold the deposition that day, only in the afternoon. This is confirmed by correspondence dated September 1, 2004. (See correspondence dated September 1, 2004 attached hereto as Exhibit `B"). Counsel for Plaintiffs refused to hold the deposition that day in the afternoon, and threatened the filing of the instant Motion. In Plaintiffs' Motion for Sanctions, it is requested that Counsel for Schaefer be sanctioned for the cost of the Court reporter appearance fee ($100.00), attorney hours (3.5 hours at $250.00 per hour), and mileage and tolls ($73.84). Overall, Plaintiffs are requesting sanctions in the amount of $1048.84 to be assessed against Counsel for Schaefer. Counsel for Defendant acknowledges the mistake that indeed may have caused inconvenience to all involved, including Schaefer. However, this was a scheduling mistake, albeit a mistake that should not occur, a mistake that happens nonetheless, despite Plaintiffs Counsel's contention that this has never happened in her twelve years of practice. At most, counsel for defendant believes in fairness that the $100.00 court reporter cancellation fee should be incurred by Counsel for Schaefer. However, Counsel for Schaefer maintains it is not responsible for attorney hours and/or mileage and tolls. Again, Counsel for Schaefer offered to hold the deposition that day, only in the afternoon. Its was Plaintiffs' II Counsel who refused to hold the deposition that day, citing inconvenience and immediately threatening to file said Motion. However, Counsel for Plaintiffs fails to realize the inconvenience would be to have to return on another day for the same deposition. After Plaintiff's Counsel refused to continue the deposition till that afternoon, Counsel for Schaefer immediately offered alternative dates for the deposition to be held. (See correspondence date September 1, 2004 attached hereto as Exhibit "C"). Said deposition had been rescheduled and took place on Thursday, September 23, 2004 at 11:00 a.m. Therefore, Plaintiffs were not prejudiced in obtaining the necessary deposition to prepare for trial. Counsel for Schaefer would also like to point out to this Honorable Court that the Court Order of August 18, 2004 had not been violated, and Counsel for Schaefer still had time to produce Defendant prior to violating such Order. III. CONCLUSION For all the foregoing reasons, Defendant, Darcy A. Schaefer, respectfully requests that this Honorable Court deny Plaintiff's Motion for Sanctions and enter the attached Order. EDELSTEIN & DIAMOND By: BRYAN V. ARNER, ESQUIRE Attorney for Defendant, Darcy A. Schaefer EDELSTEIN & DIAMOND, LLP. BY: BRYAN V. ARNER, ESQUIRE Identification No.: 88130 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215) 893-9311 Fax: (215) 893-9310 E&D File No. 410.009 WILLIAM M. WEBB AND BETSY WEBB, h/w V. DARCY A. SCHAEFER Attorney for defendant(s) Darcy A. Schaefer COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5947 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Bryan V. Amer, Esquire, hereby certify that on this 201h day of May, 2005, a true and correct copy of Defendant's response to Plaintiff's Motion for Sanctions was sent by first class, postage prepaid US mail to the following: Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 EDELSTEIN & DIAMOND By: BRYAN V. ARNER, ESQUIRE Attorney for Defendant, Darcy A. Schaefer EXHIBIT A DA#CY A SCHAEFER z t e... AND NOW, THIS ?Q o day T f4I-M9tion to IV Ake Rnl. AS-1- r -IaA Attorney for Plaintiff AUG 17 'A- N-LAW ,2004 , upon consideration of that Defendant subaut a , it is hereby ORDERED Complete verified reply to plaintiffs Request Documents for Production of Directed to Defendant within n/? days of the date of this Order and Defendant for deposihoa at a time agreeable to the parties no later than BY TEE COURT. Date: J. TRUE COPY FROM RECnRD in Testimony wh-%of, I here nto set my hand an -tihe . Aof Sall Couft arlisie, Pa. EXHIBIT B EDELSTEIN & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW JAY L. EDELSTEIN' - 230 SOUTH BROAD STREET OF COUNSEL " LAWRENCE R. DIAMOND- HAROLD DIAMOND.... DANA LAGANELLA•• SUITE 900 BRIAN L STRAUSS-- ANDREAN J. AZRASS•• ANDREA LEE PHILADELPHIA, PA 19102 - ••• OWSS - - BRYAN Y. ARNER" (215) 893-9311 MARNI J. BROOKS` a - Fax (215)..593-9310 'WR EROFPA&..NIBA 31,E(B)Edelsteinlaw.com % &TNMEROP Wy NI & FL BAR • M1 BKGF PL BAR WNMERdFFABAk NEWJERSEYOFFICE TAMPA OFFICE ONE GREENTEEE PLAZA 1800SECONDSTREET Sum 201 SUITE 960 MARLTON, NJ 08053 SARASOTA, FL 34236 (856) 988-5520. _ (941) 954-8555 FAX(941)954-2304 " OUR FILE No:410.009 September 1, 2004 VIA FAX AND FIRST CLASS MAIL: 610-983-0570 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 RE: WILLIAM M. AND BETSY WEBB v. DARCY A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: As you are aware there was a scheduling error that prevented the deposition of Defendant, ' Darcy Schaefer from going forward today in connection with the above captioned matter. I would like to take this time again to apologize to you for "wasting your time". Contrary to your belief, we do intend to produce Ms. Schaefer for deposition immediately. Please advise this office of dates you are available to take Ms. Schaefer's deposition. In our discussion we talked of deposing all parties at once, which' I am still agreeable to, however, should you want Ms. Schaefer's deposition earlier, I will make arrangements for same. As you know, I offered to hold the deposition this afternoon, however, you were not agreeable to this, instead you threatened a Motion for Sanctions, although, considering the situation, I do not feel this is warranted. I would like to reiterate from our telephone conversation, this was simply a scheduling error. Even though as you indicated, in your perfect world this does not happen, such things do occur. - I would also remind you that there is outstanding discovery due from the plaintiffs, that ' we have yet to receive. I find it inconceivable that you will file a Motion for Sanctions against us, when you have yet to provide answers to our discovery. EXHIBIT C EDELSTEIN & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW SAY L. EDELSTEw• 230 SOUTH BROAD STREET LAWRENCE IL DIAMOND-' DANA LAGANELLA•• SUITE 900 E. flftANI)ON NOW AK... PA 19102 PHILADELPHIA ANDREA L EE ANDREA L , BRYAN V. AINER• ' (215) 893-9311 MAANI J. BROOKS Fax (215) 893-9310 WE ROF PA&NJBAR JLEAEdelsteinlaw.corn WE Bk OF PA, NJ&FL BAR •.. MEMBER OFM BAR •••• MEMBER OF PA S. NEW JERSEY OFFICE ONE GREENTREE PLAZA SUITE 201 MAw.ToN, NJ 08053 (856) 98&5520 TAMPA OFFICE 1800 SECOND STREET SUITE 960 SARASOTA, F, 34236 (941) 9548555 FAX (941) 954-2304 OF COUNSEL HAROLD DIAMOND"" BRIAN L. STRAUSS•••• OUR FILE NO:410.009 September 1, 2004 VIA FAX AND FIRST CLASS MAIL: 610-983-0570 Lisa J. Mauer, Esquire GRAHAM & MAUER, P.C. The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 RE: WILLIAM M. AND BETSY WEBB v. DARCY A. SCHAEFER C.C.P., CUMBERLAND COUNTY, NO.: 03-5947 Dear Ms. Mauer: Due to the scheduling error which prevented Defendant, Darcy Schaefer's deposition from going forward today in connection with the above captioned matter, I would like to provide you with alternative dates Ms. Schaefer is available to be deposed. Ms. Schaefer is available the following dates: September 15-17, 2004 September 20, 2004 September 22-23, 2004 September 27-30, 2004 Please advise as to your availability. Thank you for your cooperation with this matter. Very Truly Yours BRYAN V. ARNER BVA/ba - - ? '? ? ? -n -, `, c` ; GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire ID #65426 The Commons At Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 Attorney for Plaintiff WILLIAM M. WEBB and BETSY WEBB b/w Plaintiffs v. DARCY A. SCHAEFER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-5947 CIVIL ACTION -LAW PRAECIPE TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: . Kindly mark this matter SETTLED, DISCONTINUED AND ENDED. GRAHAM & MAUER, P.C. By: a . Ma , Es uire Attorney fo Plaintiff Date: February 7, 2008 ? ^'? r.,? <.-? ?? ?. `??7 ?0• J`i ?r, - ?._ '? ?::? C?;, ?`;? ?Y,F t., '?rvi ' 1 ... n. ? ?"? . ?'?