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Home My WebLink About03-6203IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. DONMOYER and IN THE COMMON PLEAS COURT OF MISTY K. DONMOYER CUMBERLAND COUNTY, PENNSYLVANIA 11B W. Glenwood Drive Camp Hill, PA 17011 Plaintiffs NO. 03-(-„203 V. CIVIL ACTION - LAW ALLFIRST BANK, ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A., formerly known as ALLFIRST BANK formerly known as FMB BANK Successors by Merger to DAUPHIN DVOSIT BANK: And TRUST COMPANY, as Executor of THE LAST WILL AND, [TESTAMENT OF BEULAH B. MURPHY And M& T HANK, As Successors in interest to ALLFIRST BANK 213 Market Street, Harrisburg, PA 17101 Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above captioned action, which arises from an automobile accident. X Writ of Summons shall be issued and forwarded to Attomey/Sheriff. Date: 4sanBratic? Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs Stephen M. Donmoyer and Misty K. Donmoyer SUMMONS IN CIVIL ACTION TO: ALLFIRST BANK, ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A., formerly known as ALLFIRST BANK formerly known as FMB BANK Successors by Merger to DAUPHIN DEPOSIT BANK And TRUST COMPANY, as Executor of THE LAST WILL AND TESTAMENT OF BEULAH B. MURPHY And M& T BANK, As Successors in interest to ALLFHtST BANK 213 Market Street Harrisburg, PA 17101 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAS COMMENCED AN ACTION AGAINST YOU. P. 4, 9 Prothonotary/Clerk, CYviltvision Date: ?2oue?,21., aOG3 By: - Q. k cPP? Deputy ? Z.T. C ?: ?f•-? v C < CJl ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONMOYER STEPHEN M ET AL VS ALLFIRST BANK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ALLFIRST BANK but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS to wit: He therefore County, Pennsylvania, to on December 11th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Cc 37.50 .00 74.50 12/11/2003 DUSAN BRATIC So answers R ? Thomas Kline Sheriff of Cumberland County Sworn and subscribed o before me this day of. ?(7-0 Jj - ro honotar \? 'n in his bailiwick SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONMOYER STEPHEN M ET AL VS ALLFIRST BANK ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ALLFIRST TRUST COMPANY OF PENNSYLVANIA NA but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 11th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 12/11/2003 DUSAN BRATIC So answers:.---- R? Thomas KiTne Sheriff of Cumberland County Sworn and subscribed o before me this 6L day of, ? w 3 D. Prot onotar SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONMOYER STEPHEN M ET AL VS ALLFIRST BANK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: M&T BANK but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th , 2003 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 12/11/2003 DUSAN BRATIC So answers -=? % -' P TYfomas Kline ` Sheriff of Cumberland County Sworn and subscribed to before me this ,?? t 4 day of a"^U.) A. /?, ?)r thonota In The Court of Common Pleas of Cumberland County, Pennsylvania Stephen M. Donmoyer et al vs. Allfirst Bank et al SERVE: Allfirst Bank No. 03-6203 civil Now December 3, 2003 , 1. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20_, at o'clock M. served the upon at by handing to a and made known to Sheriff of copy of the original the contents thereof. So answers, COSTS Sworn and subscribed before SERVICE me this day of 20 MILEAGE AFFIDAVIT County, PA (19fftcc Of for ?$4,erjff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DONMOYER STEPHEN M ET AL vs • ALLFIRST BANK Sheriff's Return J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 3121-T - - -2003 OTHER COUNTY NO. 03 6203 AND NOW:December 9, 2003 at 2:30PM served the within WRIT OF SUMMONS upon ALLFIRST BANK by personally handing to PATRICIA ROBINSON (MGR) 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 213 MARKET STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 9TH day/ of DECEMBER, 2003 } J S PROTHONOTARY So Answers, f'pe;r*l __- r Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $37.50 PD 12/05/2003 RCPT NO 185566 BH/SL In The Court of Common Pleas of Cumberland County, Pennsylvania Stephen M. Donmoyer et al vs. Allfirst Bank et al SERVE: Allfirst Trust Company of Pennsylvania No. 03-6203 civil Now, December 3, 2003 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20_9 at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this + day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT County, PA (office laf t4e t*4Pxr ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DONMOYER STEPHEN M ET AL Vs • ALLFIRST BANK Sheriff's Return No. 3121-T - - -2003 OTHER COUNTY NO. 03 6203 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:December 9, 2003 at 2:30PM served the within WRIT OF SUMMONS upon ALLFIRST TRUST COMPANY OF PENNSYLVANIA by personally handing to PATRICIA ROBINSON (MGR) 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 213 MARKET STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 9TH day of DECEMBER, 2003 / PROTHONOTARY So Answers, 41c- Sheriff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs: $37.50 PD 12/05/2003 RCPT NO 185566 BH/SL In The Court of Common Fleas of Cumberland County, Pennsylvania Stephen M. Donmoyer et al vs. Allfirst Bank et al SERVE: M&T Bank No. 03-6203 civil Now, December 3, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request And risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20_,, at o'clock M. served the upon at by handing to a and made known to Sheriff of copy of the original So answers, COSTS SERVICE MILEAGE AFFIDAVIT Sworn and subscribed before me this _ day of _ 20 the contents thereof. County, PA (o f fi rye of e o 5hPxtff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DONMOYER STEPHEN M ET AL vs ALLFIRST BANK Sheriff's Return No. 3121-T - - -2003 OTHER COUNTY NO. 03 6203 AND NOW:December 9, 2003 WRIT OF SUMMONS at 9:15m served the within upon M&T BANK by personally handing to RYAN BOUGHTER (BRANCH SALE REP) 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 213 MARKET STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 9TH day of DECEMBER, 2003 PROTHONOTARY So Answers, ,A? t? Sheriff of Dauphin County, Pa. r By Deputy Sheriff Sheriff's Costs: $37.50 PD 12/05/2003 RCPT NO 185566 HOPKINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. DONMOYER and IN THE COMMON PLEAS COURT OF MISTY K. DONMOYER CUMBERLAND COUNTY, PENNSYLVANIA I I B W. Glenwood Drive Camp Hill, PA 17011 Plaintiffs NO. 03-6203 V. CIVIL ACTION - LAW ESTATE OF BEULAH B. MURPHY, AND M& T BANK, formerly known as and T/DB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a;sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. DONMOYER and MISTY K. DONMOYER 11B W. Glenwood Drive Camp Hill, PA 17011 Plaintiffs V. ESTATE OF BEULAH B. MURPHY, AND M& T BANK, formerly known as and T/DB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6203 CIVIL ACTION - LAW COMPLAINT NOW COME the Plaintiffs, Stephen M. Donmoyer and Misty K. Donmoyer by and through their counsel, Dusan Bratic, Esquire of Bratic & Portko and makes, the within Complaint against the Defendants, as follows: 1. The Plaintiffs, Stephen M. Donmoyer and Misty K. Donmoyer are adult individuals residing as husband and wife at 11B West Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Beulah B. Murphy was an adult individual who resided at 872 Messiah Village, Mechanicsburg, Cumberland County, Pennsylvania 17055 at all times relevant to this complaint. 3. The Defendants, M& T Bank, formerly known as and T/D/B/A, Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy, are a Foreign Business Corporation duly licensed and registered to transact business within the Commonwealth of Pennsylvania, maintaining an office located in Harrisburg, Dauphin County, Pennsylvania C/O CT Corporation System, 1515 Market Street, Suite 1210, Philadelphia, P.A. 19102 and regularly conduct business in Cumberland and Dauphin Counties of Pennsylvania. 4. The Defendants, M& T Bank, formerly known as and T/DB/A, Allfirst Bank and Allfirst Brokerage Corporation are the duly appointed, qualified and acting Administrator of the Estate of Beulah B. Murphy, who died January 10, 2002. 5. The facts and occurrences hereinafter related took place on or about November 27, 2001 at or about 4:04 p.m. at or about the Holy Spirit Hospital Exit Road and Poplar Church Road in East Pennsboro Township, Cumberland County, Camp Hill, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Stephen M. Donmoyer was the driver and registered owner of a 1997 Plymouth Sedan. 7. At the aforesaid time and place, Defendant, Beulah B. Murphy, was the driver and registered owner of a1998 Chevrolet Sedan automobile and was traveling out of the exit of the Holy Spirit Hospital, at its intersection with Poplar Church Road. The Defendant, Beulah B. Murphy had a stop sign controlling movement onto Poplar Church Road. 8. At the aforesaid time and place Plaintiff was traveling east on Poplar Church Road in his designated lane of travel, when the Defendant, Beulah B. Murphy attempted to cross over and make a left hand turn onto Poplar Church Road and entered into the lane of travel reserved for the vehicle Plaintiff was driving, and caused the Defendant's vehicle to smash into the rear passenger's side of the vehicle operated by the Plaintiff. 9. After the accident as set forth above, the Defendant, Beulah B. Murphy left the scene without stopping but, left debris at the accident scene, including a Messiah Village variety plate. As a result of the plate being knocked off, the Plaintiffs, Stephen M. Donmoyer and Misty K. Donmoyer drove through Messiah Village, found the defendants vehicle, and notified the Upper Allen Township Police. The Defendant was found and admitted to the hit and run. COUNTI STEPHEN M. DONMOYER v. THE ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY AND THE ESTATE OF BEULAH B. MURPHY 10. All of the aforesaid averments contained in paragraphs 1 through 9 are realleged and incorporated by reference as if more specifically plead herein 11. At all times relevant hereto Defendant Corporation, M& T Bank, formerly known as and T/DB/A, Allfirst Bank and Allfirst Brokerage Corporation and was at all times relevant hereto the Administrator of the Estate of Beulah B. Murphy. 12. At the aforesaid time and place the Defendant, Beulah B. Murphy was traveling north on the Holy Spirit Hospital's exit road, when she attempted to cross over and make a left hand turn onto Poplar Church Road and entered into the lane of travel reserved for the vehicle Plaintiff was driving, and caused the Defendant's vehicle to smash into the rear passenger's side of the vehicle operated by the Plaintiff. At the time of the accident, said intersection in the Defendants' direction of travel was controlled by a stop sign that prohibited or governed Defendant entrance in to Plaintiff's lane of travel. 13. At that time and place the vehicle operated by Defendant, Beulah B. Murphy was caused or allowed to go out of control smashing into the vehicle operated by Plaintiff and causing him to sustain the serious injuries set forth below. 14. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant, Beulah B. Murphy operated her vehicle as follows: (a) In failing to keep proper and adequate control over her vehicle; (b) In failing to apply her brakes in time to avoid striking the vehicle of which Plaintiff was an operator; (c) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions in violation of 75 Pa.C.S.A. Section 3303; (d) In failing to operate her vehicle in such a manner as to yield the right-of-way to the Plaintiff at the intersection when making a left hand turn within an intersection which is in violation of 75 Pa..C.S.A. §3321 and §3322; (e) In proceeding through an intersection when the Defendant in the exercise of reasonable diligence should have seen that fixther operation, in the direction of the Plaintiff's lane of travel, could not have been made safely and would result in a collision in violation of 75 Pa.C.S.A. § 3309; (f) In failing to exercise the high degree of care required at an intersection or proceed with caution when entering and crossing an intersection to prevent obstruction in violation of 75 Pa.C.S.A. § 3710; and (g) In driving her vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating her vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. § 3714 and § 3736; (h) In failing to stop at a stop sign in violation of 75 Pa.C.S.A. §3112; and (i) Failing to operate her vehicle in accordance with existing traffic conditions and traffic controls and in violation of 75 Pa.C.S.A. Section 3303; and (h) In proceeding through a stop sign and entering an intersection when the Defendant in the exercise of reasonable diligence should of seen that further operation in the direction of the Plaintiffs lane of travel would result in a collision in violation of 75 Pa.C.S.A. Section. 3323; 15. As a result of the aforementioned accident, Plaintiff did sustained painful and severe injuries and or aggravation of injuries including but not limited to: (a) Abrasions, contusions and injuries to his joints, muscles and nerves; (b) Temporomandibular joint injuries; (c) Injuries to his head neck and back and shoulders with aggravation of headaches; (d) Thoracic outlet syndromes, which did require surgical release; (e) Injuries to his neck, thoracic area and cervical spine, which did require surgery; and may require further surgery; and (f) Severe shock to his nerves and nervous system. 16. By reason of the aforesaid injuries sustained by Plaintiff was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses, including replacement services, in an effort to restore himself to health, and claim is made therefore which medical bills and expenses may be in excess of the sum recoverable under the Pennsylvania Financial Responsibility Act. 17. Because of the nature of his injuries, Plaintiff has been advised, and therefore, avers the he may be forced to incur similar medical expenses in the future, and claim is made therefore. 18. As a result of the aforesaid injuries, Plaintiff has undergone and in the future will undergo great physical and mental suffering; great inconvenience in carrying out his daily activities, economic determent, loss of life's pleasures and enjoyment, and claim is made therefore. 19. As a direct and proximate result of the aforementioned accident the Plaintiff sustained serious injuries hereinabove set forth. 20. At all times material hereto Plaintiff acted in a careful, cautious, reasonable and prudent manner and was free from any comparative negligence. 21. As a result of the aforementioned injuries, Plaintiff, has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefore and loss of income and impairment of earning capacity has or may exceed the sums recoverable under the Pennsylvania Financial Responsibility Act and such loss of income and impairments of earning capacity may continue into the future. 22. As a result of the aforesaid injuries, Plaintiff has sustained uncompensated work loss, and claim is made therefore. 23. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual ]problems for the remainder of his lifetime, and claim is made thereof. 24. As a result of the aforesaid injuries, the Plaintiff has been and in the future will be subject to great humiliation and embarrassment, and loss of life's pleasures and claim is made therefore. 25. As a result of the aforesaid accident, the Plaintiff did sustain scars, which will result in a permanent disfigurement, and may incur additional permanent disfigurement and a claim is made therefore. 26. At all times material hereto, Plaintiff was free from any comparative negligence and did not in any manner assume the risk of injury and/or accident. 27. The aforementioned incident and resulting injuries and/or damages were due in no part whatsoever to any act or failure to act on the part of Plaintiff. WHEREFORE, Plaintiff, Stephen M. Donmoyer, demands judgment against the Administrators of the Estate of Beulah B. Murphy, in an amount in excess of Thirty Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT II MISTY K. DONMOYER v. THE ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY AND THE ESTATE OF BEULAH B. MURPHY 28. All of the aforesaid averments contained in paragra]?hs 1 through 27 are realleged and incorporated by reference as if more specifically plead herein. 29. As a result of the injuries sustained by her husband, Plaintiff, Misty K. Donmoyer has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will be to his great damage and loss. WHEREFORE, Plaintiff, Misty K. Donmoyer, demands judgment of the Defendant, The Administrators of the Estate of Beulah B. Murphy an amount in excess of Thirty-five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. BRATIC & PORTKO Date: 5 tf D san Bratic, :0squire S preme Court ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9705 Attorney for Plaintiffs VERIFICATION Stephen M. Donmoyer , hereby acknowledge that I am a Plaintiff in the foregoing action and that I have read the Complaint , and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section falsification to authorities. Dated: November 22, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. DONMOYER and MISTY K. DONMOYER I I B W. Glenwood Drive Camp Hill, PA 17011 Plaintiffs V. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6203 CIVIL ACTION - LAW ESTATE OF BEULAH B. MURPHY, AND M& T BANK, formerly known as and T/DB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U.S. Mail, first class, postage prepaid on this 22nd day of November 2004, to: M&T Bank C/O Ryan Boughter, Branch Sales Rep 213 Market Street Harrisburg, PA 17101-0000 Allfirst Bank C/O Patricia Robinson, Manager 213 Market Street Harrisburg, PA 17101-0000 Allfirst Trust Company of PA C/O Patricia Robinson, Manager 213 Market Street Harrisburg, PA 17101-0000 Dated: BRATIC & PORTKO Dusan B Ktic, Esquire ID # 19249 101 South U.S.. Route 15 Dillsburg, PA 17019 (717) 432-9706) Attorney for Plaintiffs h? r^~ ? M .:_:- -< CTT f.__ b r Ur. ? N `nJ M z 74 .,_ ? f °.a CT C7 6 CD :,?? STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs vs. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRA ORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-6203 Civil Action - Law PRAECIPE FOR ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Please enter the appearance of Keefer Wood Allen & Rahal, LLP by Donald M. Lewis III on behalf of defendant, Manufacturers and Traders Trust Company, successor to Allfirst Trust Company of Pennsylvania in its fiduciary capacity as Executor of the Estate of Beulah B. Murphy, deceased, sued incorrectly herein as "M&T Bank, formerly known as and t/d/b/a Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy," reserving its right to answer, move, or otherwise plead in response to the complaint. KEEFER WOOD ALLEN & RAHAL, LLP Dated: December Lj, 2004 o ewis III Attorney ID #58210 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8038 Attorneys for Defendant CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, attorney for defendant, Manufacturers and Traders Trust Company, successor to Allfirst Trust Company of Pennsylvania in its fiduciary capacity as Executor of the Estate of Beulah B. Murphy, deceased, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 KEEFER WOOD .ALLEN & RAHAL, LLP By 6/bon'a'. ewis III Dated:, December /3, 2004 P...1 ? {`"? {?'1 ? ? s._; .._{ -r. . _? ?^l 1. , '? rE F tF[LFSiDATAnL8fTme kn3090\Cuv t\821pral\r Great 8 9/20104 0.06PM RCvisM 1/14/05 11'.03AM 3090821 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STEP14EN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs, V. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and TIDB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6203 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter. Defendants hereby demand a twelve juror jury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO By George B. Faller, Jr., Esquy I.D. No. 49813 Ten East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Defendants Dated: January 14, 2005 CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson. Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Donald M. Lewis, III, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO Melissa A. Mowery \ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 14, 2005 _, ?_? _, _ ??? ?,, < ? <. ?? ? , STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs vs. ESTATE OF BEULAH-B. MURPHY, and M&T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-6203 Civil Action - Law TO: Curt Long, Prothonotary Please withdraw the appearance of Keefer Wood Allen & Rahal, LLP by Donald M. Lewis III on behalf of defendants in this matter. The attorneys of Martson Deardorff Williams & Otto will henceforth be the only counsel of record for defendants. Dated: January 18, 2005 KEEFER WOOD ALLEN & RAHAL, LLP 7 By ,?Vin. ,-- ?i Don .Lewis III Attorney ID #58210 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8038 CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, attorney for defendants, hereby certify that 1 have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 KEEFER WOOD ALLEN & RAHAL, LLP By /'. 'pl ,- .fit--- Don ewis III Dated: January 18, 2005 F:\MLBSDATAFILE\Travelm3090\Curcenl\821. ans I/ajt Caeated'. 2(4(05 9 53AM Rcv4 d: 2/18/05 1043AM 3090 821 Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 76583 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFfRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants NO. 03-6203 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: STEPHEN M. DONMOYER and MISTY K. DONMOYER and their attorney, DUSAN BRATIC, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. I . Defendants lack knowledge sufficient to form a belief as to the truth ofthe averments contained in this paragraph. Accordingly, said averments are denied and strict proof thereof is demanded at time of trial. 2. Admitted. 3. Denied as stated. Manufacturers and Traders Trust Company ("M&T Bank"), successor by merger with Allfirst Bank and Allfirst Trust Company of Pennsylvania, N.A., successors to Dauphin Deposit Bank and Trust Company, is a New York State chartered Bank, qualified to conduct business in the Commonwealth of Pennsylvania. M&T Bank regularly conducts business in Dauphin and Cumberland Counties, including, without limitation, an office located on Market Street in Harrisburg, Pennsylvania. M&T Bank served as Executor of the Estate of Beulah B. Murphy, deceased, during the administration of the Estate, which was closed in April 2003. Allfirst Brokerage Corporation was a separate and distinct legal entity that did not serve as the Executor of the decedent's Estate. 4. Admitted in part and denied in part. It is admitted that Beulah B. Murphy died on January 10, 2002. The remaining averments of this paragraph are denied for the reasons set forth in the foregoing paragraph 3, incorporated here by reference as if fully restated. By way of further answer, M&T Bank states that it administered the Estate until April 2003, when the Estate was closed, and is thus no longer "acting" as Executor. 5-9. Defendants lack knowledge sufficient to form a belief as to the truth of the averments contained in these paragraphs. Accordingly, said averments are denied and strict proof thereof is demanded at time of trial. COUNTI STEPHEN M. DONMOYER V. THE ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY AND THE ESTATE OF BEULAH B. MURPHY 10. Defendants' responses in paragraphs 1 through 9 above are incorporated herein by reference. 11. Denied as stated. M&T Bank served as Executor of the Estate of Beulah B. Murphy, until April 2003, when administration of the Estate concluded and the Estate was closed. 12-13. Defendants lack knowledge sufficient to forma belief as to the truth of the averments contained in these paragraphs. Accordingly, said averments are denied and strict proof thereof is demanded at time of trial. 14-19. Denied pursuant to Pa. R.C.P. 1029(e). 20. Denied as a legal conclusion. 21-25. Denied pursuant to Pa. R.C.P. 1029(e). 26-27. Denied as legal conclusions. COUNT II MISTY K. DONMOYER V. THE ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY AND THE ESTATE OF BEULAH B. MURPHY 28. Defendants' responses in paragraphs 1 through 27 above are incorporated herein by reference. 29. Defendants lack knowledge sufficient to form abelief as to the truth of the averments contained in this paragraph. Accordingly, said averments are denied and strict proof thereof is demanded at time of trial. WHEREFORE, Defendants M&T Bank and the Estate of Beulah B. Murphy demand judgment in their favor and request that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 30. Defendants' responses in paragraphs 1 through 29 above are incorporated herein by reference. 31. Plaintiffs claims are barred in whole or in part, by the application of the Dead Man's Act. 32. Plaintiff claims maybe barred in whole or in part, by the provisions of Pennsylvania's Motor Vehicle Financial Responsibility Law 75 Pa. C. S. § 1701 et seq. WHEREFORE, Defendants M&T Bank and the Estate of Beulah B. Murphy demands judgment in their favor and requests that Plaintiffs' Complaint be dismissed with prejudice. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO P.- Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Z? 22` OS Attorneys for Defendants The foregoing Answer with New Matter is based upon information whichhas been gathered bymyeoumselinthepreparationofthelawsuit. The language ofthedocument isthat ofrouweland not my own. I have read the docutnent and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmyknowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon oounsel in making this verification. This statement and verification arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to w,swotn falsification to authorities, which rovides that if I make knowingly false averments, I may be subject to criminal penalties. M, vth.9nnMeMillen MAC.BSa?iM'itMnoeimfocnvy,.,,,tvl.? CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 MARTSON DEARDORFF WILLIAMS & OTTO By VVThum?U , - 'AWO??_ Am J. a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: .4 ZZ 6 OS' a IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYI.VANIA STEPHEN M. DONMOYER and MISTY K. DONMOYER Plaintiffs V. CIVIL ACTION - NO. 03-620? ESTATE OF BEULAH B. MURPHY, and M& T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY: JURY TRIAL DEMANDED Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 30. No response required. 31. Denied. The allegations of this paragraph are legal conclusions of law which no response is required. If a responsive pleading is necessary then the Defendant's allegati n is denied and the Plaintiff is not bared by the application of the Dead Man's Act and proof to th contrary is demanded at trial. 32. Denied. The allegations of this paragraph are legal conclusions of law which no response is required. The claims of Plaintiffs are not barred by the provisions of Pe sylvania's Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Sections 1701 et seq. Th claims of Plaintiffs are actionable. WHEREFORE, the Plaintiffs Stephen M. Donmoyer and Misty K. Donmoyer r quests that the allegations contained in the New Matter be determined in favor of the Plaintiffs and ismiss the claims alleged by the Defendants in their New Matter and enter judgment against the efendants and in favor of the Plaintiffs. BRATIQ' & PORTKO Date: Dusan Bratic, Esquire Supreme Court ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs r C IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, STEPHEN M. DONMOYER and MISTY K. DONMOYER Plaintiffs V. ESTATE OF BEULAH B. MURPHY, and M& T BANK, formerly known as and T/DB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS: OF THE ESTATE OF BEULAH B. MURPHY: Defendants CIVIL ACTION - NO. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendants New Matter was furnished by U.S. Mail, first class, postage prepaid on of March 2005, to: Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Attorney for Defendant BRATIC(& PORTKO Dated: Dusatl Bratic, Esquire Supreme Court ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs VANIA to day `- c: ? ._, -vC?' r n 1 -. _. y T ni? ` . . ? y4i r N CJ L r-rc_ _cs rjy: {(? ?t i ? <.l(:il S? G_ L_ N c ? W - fS? FVPILLSVDATAFILE\Travelers3090ACur entA82I ?Motl 1a1m treated. II/8/05 2T.2IPM Revi.d 11114105 1 29PM 3090 821 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STEPHEN M. DONMOYER and IN THE COURT OF COMMON PLEAS OF MISTY K. DONMOYER, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants NO. 03-6203 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes Defendants by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and moves this Honorable Court to compel Answers to Interrogatories and Responses to Request for Production of Documents directed to Plaintiff: This case arises from a motor vehicle accident that occurred on November 27, 2001, at or about the Holy Spirit Hospital Exit Road and Poplar Church Road in East Pennsboro Township, Cumberland County, Camp Hill, Pennsylvania. 2. Defendants served Interrogatories and Request for Production of Documents on Plaintiffs' counsel on May 13, 2005. A copy of the Interrogatories and Request for Production of Documents are attached hereto as Exhibits "A" and "B," respectively. 3. On August 4, 2005, Defendants' counsel wrote to Plaintiff's counsel pointing out that the Answers to Interrogatories and Responses to Request for Production of Documents were overdue, a copy of which is attached hereto as Exhibit "C." 4. On September 19, 2005, Defendants' counsel wrote to Plaintiff's counsel again requesting when they could expect their answers to discovery, a copy of which is attached hereto as Exhibit "D." 5. No answers orresponses to Interrogatories andRequest for Production of Documents have at any time been filed, nor has Defendant's counsel been advised as to when these may be expected. 6. Plaintiff has violated Pa. R.Civ.P. 4006 and 4009.12 by failing to respond to Defendant's Interrogatories and Request for Production of Documents. WHEREFORE, Defendants requests this Honorable Court to Order Plaintiff to answer the Interrogatories and respond to the Request for Production of Documents. By MARTSON DEARDORFF WILLIAMS & OTTO 3ebfge B. Faller, Jr., Esquire I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: November 14, 2005 F\FILES\DATAFILE\Tm,,Ie, 3090\Cu,e ,W82I\im I/1, Creased' 5113105 9'. 13AM Revised. 5/13/05 9:24AM 300821 Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 76583 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs V. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS : OF THE ESTATE OF BEULAH B. MURPHY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6203 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS TO: STEPHEN M. DONMOYER and MISTY K. DONMOYER and their attorney, DUSAN BRATIC, ESQUIRE Enclosed are Interrogatories propounded by Defendants to be answered under oath by the aforesaid Plaintiffs pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendants at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the words "accident" or "occurrence" refer to the event or events described in your Complaint and all related events and circumstances. The word "you" or "your" includes your attorneys, representatives, insurers, and all others purporting to act on your behalf. Exhibit "A" Unless otherwise specified, response to the following Interrogatories shall give the requested information for the period from November 2000 to the present (hereina.fter sometimes referred to as the "time period"). It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel for the Plaintiff on this date by the undersigned. MARTSON DEARDORFF WILLIAMS & OTTO By a` ? Anthony T. Lucido, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: May 13, 2005 Interrogatory No. 1 For each health care practitioner Plaintiff has seen since the date of the accident (whether in connection with the injuries suffered in the accident or not), provide the identity of same, the purpose of seeing practitioner, the number and inclusive dates of each visit, a description of all medication recommended or prescribed, a description of any treatment received or recommended, a listing of any charges incurred and the identity of the person or entity paying same if not Plaintiffs. ANSWER: Interrogatory No. 2 Identify any healthcare practitioner that you have seen for ten (10) years prior to the incident in question, including but not limited to, your family physician and give the name and address of each. ANSWER: Interrogatory No. 3 State whether, as a result of the said occurrence, you required any medical or vocational rehabilitation services; that is, services necessary to reduce disability and to restore the physical, psychological, social and vocational functions, including but not limited to: medical care, diagnostic and evaluation procedures, physical and occupational therapy, other necessary therapies, speech pathology and audiology, optometric services, nursing care under the supervision of a registered nurse, medical social services, vocational rehabilitation and training services, occupational licenses and tools, and transportation necessary to secure such services. If so, state fully: The names and addresses of all medical, rehabilitation facilities, hospitals and/or clinics at which you were examined or attended; the names and addresses of all individuals and physicians who attended or examined you; the date of each treatment; and a description of the treatment received. ANSWER: Interrogatory No.4 State fully all the injuries you claim to have suffered in or as a result of the said occurrence. ANSWER: Interrogatory No. 5 As to the injuries claimed in Interrogatory No. 4, have you ever experienced or been treated for the same or similar condition? ANSWER: Interrogatory No. 6 State fully all elements of economic loss, and the dollar value thereof, that you claim to have suffered in or as a result of the said occurrence. As part of your answer, state specifically, any claims for loss of income, past, present and future, explain how that was computed, and provide the inclusive dates of all time lost from work, whether full time or part time. ANSWER: Interrogatory No. 7 If you still suffer pain from any of your injuries and conditions resulting from the incident, state specifically the frequency and nature of the pain and the injuries or conditions from which it emanates. ANSWER: Interrogatory No. 8 What future reasonable and necessary professional medical treatment and/or care do you claim you will require as a result of the said occurrence? ANSWER: Interrogatory No. 9 Was any investigation made of the accident or accident scene by you or by anyone acting on your behalf after the accident? If so, then for each such investigation, kindly state further: (a) The date and time it was made; (b) The name, address and employment of the person who made it; (c) The date and present custodian of any report concerning the inspection or investigation; (d) The identity of all persons interviewed as part of the inspection or investigation; and (e) A description of any exhibits, including, but not limited to, photographs or drawings prepared in connection with the investigation or inspection. ANSWER: Interrogatory No. 10 Please identify each of your employers, state the inclusive dates of employment and your gross and net earnings on a weekly or monthly basis for the period beginning five years before the accident to and including the present. With respect to each such employment, please describe your job duties and responsibilities. ANSWER: Interrogatory No. 11 If you have filed a Federal, State or Local Income Tax return for any of the five calendar years preceding the accident or any year since, please state whether copies were kept or subsequently obtained, and, if so, identify every person who has, or at any time had, a copy of same. Alternatively to an answer, you may attach complete copies of each return as filed, to include, without limitation, all schedules, W-2, 1099's and other attachments. ANSWER: Interrogatory No. 12 State whether you have been unable to perform satisfactorily all duties required of you in your employment and all activities of daily living since the date of the said occurrence, indicating with particularity those duties and activities you were unable to perform and the names and addresses of all persons having knowledge of such, including your supervisors, fellow employees, family, friends and the like. State further the identity of any physician who has advised you concerning the limitations or duration of any such disability. ANSWER: Interrogatory No. 13 Please state the name and address of any insurer, auto or otherwise, which you believe provides coverage, whether first party, third party, primary, secondary, contingent worker's compensation or other, for any injury or loss arising out of the said accident, and state further the owner of the policy, the type of policy, a description of any claim made, the nature of the coverage, the limits of each coverage applicable, the nature and amounts of any benefits paid by any such insurer and a description of any claim that was denied in whole or in part. ANSWER: Interrogatory No. 14 Identify any medical expenses which you have incurred which have not been covered by a collateral source (i.e. first party medical coverage, worker's compensation, Blue Cross/Blue Shield, etc.). ANSWER: Interrogatory No. 15 Please identify each person you expect to call as an expert witness at trial and state the subject matter on which each person is expected to testify. ANSWER: Interrogatory No. 16 As to each person identified in your answer to the preceding interrogatory, please state the substance of the facts and opinions to which he is expected to testify and the grounds for each opinion.* Signature of Expert *A report, personally signed by your expert, may be furnished in lieu of your answer to this interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space above the date of each such report and the persons by whom they were prepared. Interrogatory No. 17 Identify every person known to you who claims to have seen or heard any of the parties make any statement or statements pertaining to any of the events or happenings alleged in the pleadings. ANSWER: Interrogatory No. 18 Identify every person known to you, who you believe may have knowledge concerning: (a) The happening of the accident; (b) Any fact or circumstance pertaining to the accident; or (c) The conditions at the scene at, or immediately before or after, the time of the accident. ANSWER: Interrogatory No. 19 Have you, your attorney, or any representative of you or your company entered into or been a party to any releases, stipulations, understandings or agreements regarding your liability for the claims which have been made in this case? ANSWER: Interrogatory No. 20 Have you ever been an occupant of an automobile that was involved in a collision, other than the collision described in your Complaint? If so, please state: (a) the date and location of each collision; (b) the identity of all other occupants of all vehicles involved in the collision; (c) whether you were injured in the collision, and, if so, the nature and extent of your injuries; (d) whether a claim was made by you as a result of the collision, and, if so, the identity of the insurer and claims adjuster and location of the claims office of all insurers against whom any claim was made by you, whether as a first party or third party; (e) whether you were a party in any court action or arbitration arising out of the collision, and, if so, please state below the full caption, identity of all attorneys, and the present status of said court action or arbitration. ANSWER: Interrogatory No. 21 Have you ever been convicted or pled guilty to a crime? If so, list the court, the offense and the date of the conviction or guilty plea. ANSWER: Interrogatory No. 22 Have you ever, either prior to or after the accident, made a claim for a personal injury or worker's compensation? If so, describe the circumstances surrounding the claim including the name of the party against whom the claim was made and their insurance company. ANSWER: Interrogatory No. 23 State your full name, any aliases, prior names, nicknames and your social security numbers and date of birth. ANSWER: COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. STEPHEN M. DONMOYER and MISTY K. DONMOYER, being duly sworn according to law, depose and say that the facts set forth in the foregoing Answers to Interrogatories are true and correct. Stephen M. Donmoyer Misty K. Donmoyer Sworn to and subscribed before me this day of 2005 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Interrogatories were served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Donald M. Lewis, III, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO By Ami J. Thu *a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 13, 2005 F \FILES\DATAFILE\Tmvdcrs30W\Currmt\831\gpd L', Cmared. 5II3I05 9.13AM Re,,M 5113105 9.30AM 3090 921 Anthony T. Lucido, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 76583 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs V. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6203 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: STEPHEN M. DONMOYER and MISTY K. DONMOYER and their attorney, DUSAN BRATIC, ESQUIRE AND NOW, this 13' day of May, 2004, pursuant to Pa. R.C.P. 4009, as amended, comes the Defendants, by their Attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, Ten East High Street, Carlisle, Pennsylvania, and requests Plaintiffs to produce for inspection, examination and copying, at the above office, not later than thirty (30) days after service of this Request the following documents: 1. All photographs in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs, including any insurers for Plaintiffs, showing, representing or purporting to show any vehicles, locales, instrumentalities, persons, property, and any and all other matters related to the subject matters of this litigation. 2. All diagrams, sketches, drawings, plans, measurements or blueprints in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting Exhlbtbit "B" on behalf of Plaintiffs, including any insurer of Plaintiffs, showing representing or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiffs' Complaint. 3. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement or recorded statements if not transcribed verbatim taken of any parties, persons or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of, Plaintiffs, Plaintiffs' attorney, insurers or anyone else action on behalf of Plaintiffs. 4. All expert opinions, expert reports, expert summaries or other writings of experts in possession, custody or control of Plaintiffs, Plaintiffs' attorneys or insurers, which relate to the subject matter of this litigation and the incident in question. 5. All documents prepared by Plaintiffs, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiffs, except Plaintiffs' attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein,."documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed are now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiffs, Plaintiffs' former or present counsel, agents, employees, officers, insurers or any other person action on Plaintiffs' behalf) 6. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation/no-fault file(s) of Plaintiffs or any insurers thereof, dealing with the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents in the possession, custody or control of Plaintiffs, Plaintiffs' counsel, insurers, physicians, or anyone else acting on Plaintiffs' behalf, dealing in anyway with all injuries, damages and losses sustained by Plaintiffs. This should include, but not be limited to, invoices, estimates, appraisals, inventories, medical bills, medical records, reports, x-rays, intake notes, correspondence, and charts concerning any injuries and damages alleged in Plaintiffs' Complaint. 8. A copy of the declarations page of any insurance policy where you would be an insured party or other document indicating the tort option (full or limited) which would be applicable. 9. If any document or class of documents is being withheld on the basis of any privilege, identify the document or class of documents, the date or dates of the documents, its author or originator, as well as the privilege which is being asserted. MARTSON DEARDORFF WILLIAMS & OTTO By k: - - Anthony T. Lucido, Esquire I. D. Number 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 13, 2005 Attorneys for Defendants CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Request for Production of Documents was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Donald M. Lewis, III, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO 10 East HigIVStree Carlisle, PA 17013 (717) 243-3341 Dated: May 13, 2005 MAR ISON DFARDORI'F' WILLIAAIJ JrrO M D's O INFUR yIAIION • AUVICh • ADA UCM]' 10 EAST HIGH STRISFT CARLISLE, PFNNSYLvAN1A 17013 TFLEPHONF (717)243-3341 FACSIMILE (717) 243-1850 INTERNET w"w.mdwo.com August 4, 2005 Dusan Bratic, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 At 3ORNLYS & ('01 NSI LLORS AT LUv WILIJAM F. NI ARTSON JOHN B. FowLFR Ili DANIEL K. DI4ARDORFF THOMAS J. WILLIANIS* No V Ono III GEORGE B. FALLER JR.* ' M AX0 ('I RI IFit II CARL C . Ris(rit DAvtD A. FnZsimoNS DAVID R. GALI ownv CHRISTOPHER E. RICE JENNIFER L. SPEARS HILLARY A. DEAN )0111 1RIAI SPO'IAIIx RE: Stephen and Misty Donmoyer v. Estate of Beulah B. Murphy and M&T Bank, formerly known as and t/d/b/a Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy No. 03-6203 - Cumberland County C.C.P. Our File No. 3090.821 Dear Dusan: The answers to our discovery are now long overdue. Please contact my office immediately to let me know when I can expect to receive the answers. Hopefully we can avoid filing a Motion to Compel. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBFImam cc: Ms. Carol A. Shelby (LKD2443) (via e-mail) F T1LESDATAFILE\Tmvek"3U90\Cunmt\62I W Exhibit "C" IN POR M AI ION Ai )V Icf • ADVOUACN' `", MARTSON DEARDORFF WILL IAMS c„ OT TO MDW O INFOR.MAIION • .ADVICE • ADOoI ANl 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNEE WWW.mdwo.com ATIORNLYS & COIL NSEL LORS AI L:AtA WILI IAM F'. NIARrSON JouN B. Fo"I.LR 111 DANIEL. K. DrARDORIT TDoMAS J. WLD.IAMS' No V O'FTO III GEORGE. IT FALLER JR.' *BOARD O Rnru CARL C. KIS('II DA\IDA. F1rcSIn41NS DAVID R. GALLOWAY CIIRIS"rOPHER E. RICE JENNIFER L. SPEARS HILLARY A. DEAN 1 CNII. I RIG I. SPECI V I V September 19, 2005 Dusan Bratic, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Stephen and Misty Donmoyer v. Estate of Beulah B. Murphy and M&T Bank, formerly known as and t/d/b/a Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy No. 03-6203 - Cumberland County C.C.P. Our File No. 3090.821 Dear Dusan: On September 16, 2005, I called your office to check on the status of your answers to our Interrogatories and Request for Production ofDocuments. I was advised that you had recently gotten some medical records but was not provided with the date when I can expect the answers. At this time, I would ask that your office immediately forward me the following: 1. The declaration page for the insurance covering Mr. Donmoyer at the time of the accident; and 2. The identity of Mr. Donmoyer's primary treating physician. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF/mam (! )1 cc: Ms. Carol A. Shelby (LKD2443) (via e-mail) F\FILES\DATAFILE\Tnvdcn3OW\Cav t\82I\10 5T I Exhibit "D" I N F O R M A T I O N A D v I( F - A I) v o( -A I, 1 `?' CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Defendants' Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 MARTSON DEARDO?R}Ff FWILLIAMS & OTTO By. ? 1 I lA 'lli?' Nichole L. Myers t Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 15, 2005 STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs vs. ESTATE OF BEULAH B. MURPHY, and M & T BANK, formerly known as and t/d/b/a ALLFIRST BANK and ALLFIRST BROKERAGE CORPORATION, as Administrators of the Estate of Beulah B. Murphy, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6203 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this 2 day of November, 2005, a rule is issued on the plaintiffs to show cause why the relief requested in the within Motion to Compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, F? Kevin ?N. Hess, J. fl- J l- vS ?r? Q 'rtA?? t?? i ; : {i JO -?, IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN M. DONMOYER and MISTY K. DONMOYER Plaintiffs V. ESTATE OF BEULAH B. MURPHY, and M& T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY Defendants CIVIL ACTION - NO. 03-6203 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Answers to Defendants Interrogatories an roduction of Documents was furnished by U.S. Mail, first class, postage prepaid on this jk-day of 2005, to: George B. Faller, Jr. Esquire Martson Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants Dated: dl/ e TIC & PORTKO Dusan Bratic, Esquire ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DONMOYER & DONMOYER Vs. NO. 036203 EST OF BEULAH MURPHY, ET CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/19/05 q^? File #: M326937 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Colleen Laird IN-Tk COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DONMOYER & DONMOYER Vs. EST OF BEULAH MURPHY, ET I No. 036203 TO: DUSAN BRATIC, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 11/28/05 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Colleen Laird Enc(s): Copy of subpoena(s) Counsel return card File #: M326937 COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMB RIAM DONMOYER & DONMOYER Vs. EST OF BEULAH MURPHY, ET File No. 036203 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LIBERTY MUTUAL INS CO, 18 SENTRY PARK W STE 200, PO BOX 1128 TO: BLUE BELL PA 12422 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ATTA-CYIED-ADDENDIUM i at MEDICAL LEGAL REPRODUCTIONS(ACW;SSr940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t) this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preoaring the copies or producing the things sought. If you fail to produce the documents or (20) days after its service, the party compelling you to oanply with it. things required by this subpoena within twenty serving this, subpoena may seek a court ordex, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: rFORGE B FALLER JR, ESQ ADDRESS: - 1:8 B HiGH ST TELEPHONE: CARLISLE, 7013 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: 49813 DEFENDANT M326937-01 DATE: Qer , a . Joo Seal of the Court BY THE COURT: ProichonotaPy/ k, Civ 1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DONMOYER & DONMOYER Vs No. 036203 EST OF BEULAH MURPHY, ET CUSTODIAN OF RECORDS FOR: LIBERTY MUTUAL INS CO ENTIRE FIRST PARTY BENEFITS FILE, POL #A07 288 758303 0012, COPY OF THE SIGNED TORT OPTION SELECTION BY MISTY DONMOYER WHERE SHE SELECTED THE LIMITED TORT OPTION AND THE COLLISION OR PROPERTY DAMAGE FILE. DOA: 11/27/01 PERTAINING TO: NAME: MISTY DONMOYER ADDRESS: 11B W GLENWOOD DR CAMP HILL PA DATE OF BIRTH: 01/25/72 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or LIBERTY MUTUAL INS CO CUMBERLAND M326937-01 * * * SIGN AND RETURN THIS PAGE * * * ~ ? [1 ? ."J 1 t-. W ` .?d i? N -': C> i.: ..,? . ` 7 '. ;? ti:? , ? ? i_:. j: .... ".a { N ?' sr IN TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DONMOYER & DONMOYER Vs. NO. 036203 M&T BANK, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/14/06 File #: M329957 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Colleen Laird IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DONMOYER & DONMOYER Vs. M&T BANK, ET AL No. 036203 TO: DUSAN BRATIC, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 3/23/06 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Colleen Laird Enc(s): Copy of subpoena(s) Counsel return card File #: M329957 CaMMDNWEALTH OF PENNSYLVANIA COUNTY OF C WERIAM DONMOYER & DONMOYER Vs. File No. 036203 M&T BANK, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CAMP HILL VA CLINIC, 25 N 32ND ST, CAMP HILL PA 17011 TO: ATTN- MR.nT('AT. RRVORng DEPT (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: SEE ATTACHED ADDEND at MEDICAL LEGAL REPRODUCTIONS(AJ&qss}940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h> this subpoena, together with the certificate of compliance, to the party making thi_ 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 thin, subpoena may seek a court orde compelling you to ca. ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWINO PERSON: NAME: GEORGE A FAT.T.ER JR, ESQ ADDRESS: 10 E NIGN ST TELEPHONE: CARLISLE, PA 17013 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: doai? DEFENDANT M329957-01 DATE: rler.11- 71. oyn/- Seal of the Court BY THE COURT: Prothonotary/C1 k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DONMOYER & DONMOYER Vs No. 036203 M&T BANK, ET AL CUSTODIAN OF RECORDS FOR: CAMP BILL VA CLINIC ANY AND ALL RECORDS OF DR MICHAEL BAIR. PERTAINING TO: NAME: STEPHEN M DONMOYER ADDRESS: 11B W GLENWOOD DR CAMP HILL PA DATE OF BIRTH: 04/23/70 SSAN: 197527040 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CAMP HILL VA CLINIC CUMBERLAND M329957-01 * * * SIGN AND RETURN THIS PAGE * * * COM40NWEALTH OF PENNSYLVANIA COUNTY OF (xR DONMOYER & DONMOYER Vs. M&T BANK, ET AL File No. 036203 SUBPOENA TO PRODUCE DOCUMENTS OR TH I NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FAMILY MED CTR CAMP HILL, 4076 MARKET ST, CAMP HILL PA 17011 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 XDDENDUM at MEDICAL LEGAL REPRODUCTIONS(A 0 940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t?? this subpoena, together with the certificate of ccrtpIiance, to the party making thi_ 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 thi:, subpoena may seek a court orde+• ccr:pelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: GEORGE-B FAL FR JR, ESQ ADDRESS: io E HIGH ST TELEPHONE: CARLISLE, PA 17013 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR : A 9 R 9 "4 M329957-02 DEFENDANT DATE: Ina"'Ch 3I wee( Seal of the Court BY THE COURT: Prothonotary/CI k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DONMOYER & DONMOYER Vs. No. 036203 M&T BANK, ET AL CUSTODIAN OF RECORDS FOR: FAMILY MED CTR CAMP HILL ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: STEPHEN M DONMOYER ADDRESS: 11B W GLENWOOD DR CAMP HILL PA DATE OF BIRTH: 04/23/70 SSAN: 197527040 *TO INCLUDE THOSE OF DR PATSY ALBRIGHT CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDSAREATTACHEDHERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or FAMILY MED CTR CAMP HILL CUMBERLAND M329957-02 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA OD[R ry OF gI] DONMOYER & DONMOYER Vs. M&T BANK, ET AL File No. 036203 SUBPOENA TO PRODUCE D=Irtrr Npffi% BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 DR THOMAS YUCHA, C/O ORTHO INST OF PA, 875 POPLAR CHURCH RD TO: CAMP HILL PA 17011 (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 SEEngs ATTA ADDENDUM at MEDICAL LEGAL REPRODUCTI0NS(AMqSs}940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested t)> this subpoena, together with the certificate of carpliance, to the party making thi- request at the address listed above. You have the right to seek in advance the reasonable cost of 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 thin subpoena may seek a court orde cxmpelling you to om ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAl1E: GEORGE A FALLER JR, ESQ ADDRESS: tO E HIGH ST CARLISLE, PA 17013 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: 4ea13 DEFENDANT M329957-03 DATE: j' (A -dt 31, 2&6 Seal of the Court BY TFE COURT: 6r f le Prothonotary/Cl k, Civil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA DONMOYER & DONMOYER Vs. No. 036203 M&T BANK, ET AL CUSTODIAN OF RECORDS FOR: DR THOMAS YUCHA COMPLETE RECORDS FO ALL SEVICES PROVIDED AND BILLING FOR SAME, INCLUDING WITHOUT LIMITATION, ALL OFFICE NOTES, CORRESPONDENCE, MEMORANDA, REPORTS, FORMS, RESULTS OF TESTS OR STUDIES (BUT NOT ACTUAL FILMS), CONSULTATIONS, REFERRALS AND THE LIKE. PERTAINING TO: NAME: STEPHEN M DONMOYER ADDRESS: 11B W GLENWOOD DR DATE OF BIRTH: 04/23/70 SSAN: 197527040 CAMP HILL PA MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and-- belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR THOMAS YUCHA CUMBERLAND M329957-03 * * * SIGN AND RETURN THIS PAGE * * * CM44 NWEALTH OF PENNSYLVANIA COUNTY OF CUNIDERIAND DONMOYER & DONMOYER Vs. File No. n??.oa M&T BANK, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DUNHAM ARMY HEALTH CLINIC, 450 GIBNER RD, CARLISLE PA 17013 TO. _ nmmnt• PE'p$DN T?.T TIFPARTMFNT (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 ADDEND - --- at MEDICAL LEGAL REPR0DUCTI0NS(AdW62s)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t> this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have-the right to seek in advance the rea.onable 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: r+EORGE A FAT T FR JR, ESQ ADDRESS: -? TELEPHONE: CARLISLE,.PA 17013 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: 4ga1 -4 DEFENDANT BY THE COURT: M329957-04 it --f ,Q - - a Prothonotary/ erkDivision DATE: l4tJti,! S. aUp(o eal of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DONMOYER & DONMOYER Vs. No. 036203 M&T BANK, ET AL CUSTODIAN OF RECORDS FOR: DUNHAM ARMY HEALTH CLINIC **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: STEPHEN M DONMOYER ADDRESS: 11B W GLENWOOD DR CAMP HILL PA DATE OF BIRTH: 04/23/70 SSAN: 197527040 PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DUNHAM ARMY HEALTH CLINIC CUMBERLAND M329957-04 * * * SIGN AND RETURN THIS PAGE * * * WT. ?6 R MEDICAL LEGAL REPRODUCTIONS. INC. Main Oti7ce Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal@medlegxom Philadelphia, Pa 19107 ADDENDUM DUNHAM ARMY HEALTH CLINIC COMPLETE EMPLOYMENT RECORDS PERTAINING TO STEPHEN M DONMOYER, DOB.- 4/23/70, SSN: 197527040, INCLUDING WITHOUT LIMITATION, RESUMES, APPLICATIONS, CORRESPONDENCE, MEMORANDA, PHYSICALS OR OTHER MEDICAL DOCUMENTS, ATTENDANCE, PAYROLL, EVALUATIONS, PROMOTIONS, DISCIPLINARY MATTERS, CLAIMS ARISING OUT OF ILLNESS OR INJURY, WHETHER ON OR OFF THE JOB, JOB DESCRIPTIONS AND THE LIKE. ?. -, ?- ?: F:\FILES\DATAFILE\Travelers3090\Current\82I \motromp George B. Faller, Jr., Esquire I.D. 49813 Hillary A. Dean, Esquire I.D. 92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/DB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY, Defendants. NO. 03-6203 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL AND NOW, comes Defendants by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and moves this Honorable Court to compel Camp Hill Veteran's Administration Clinic to provide Plaintiff's medical records to Defendants: This case arises from a motor vehicle accident that occurred on November 27, 2001, at or about the Holy Spirit Hospital Exit Road and Poplar Church Road in East Pennsboro Township, Cumberland County, Pennsylvania. 2. Plaintiffs medical records reveal that Plaintiffhas had significant history of treatment at the Veteran's Administration Clinics prior to the date of the accident for which Plaintiffinitiated his Complaint. 3. Defendants served several medical records subpoenas on the Camp Hill Veteran's Administration Clinic to obtain Plaintiff s "pre-accident" medical records. As a federal government agency, the Veteran's Administration Clinic requires an authorization by the Plaintiffor a Court Order to release records and will not honor state court subpoenas. See Medical Legal Reproductions, Inc. Service Reports, attached hereto as Exhibit "A." 4. Defendants' counsel wrote to Plaintiff s counsel on May 9, 2006, June 15, 2006, and July 10, 2006, requesting authorization to be signed by Plaintiff in order to obtain Plaintiff's medical records from the Camp Hill VA Clinic. See Letters attached hereto as Exhibit "B." 5. No authorization from Plaintiff has been received, nor has Defendants' counsel been advised as to when this may be expected. 6. Under Pa.R.Civ.P. 4003.1, 4003.2, and 4003.6, Plaintiff s medical records from the Camp Hill VA Clinic are discoverable and necessary for Defendants' to prepare their defense for trial. WHEREFORE, Defendants respectfully request this Honorable Court to Order Camp Hill Veteran's Administration Clinic to provide Plaintiff s medical records to Defendants, or, in the alternative, to Order Plaintiffto sign an authorization releasing Camp Hill Veteran's Administration Clinic to provide such medical records to Defendants. MARTSON DEARDORFF WILLIAMS & OTTO By orge B. Faller, Jr. Attorney I.D. No. 4 813 Hillary A. Dean Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Sp-B] ou Attorneys for Defendants M T L ?T R MEDICAL LEGAL REPROD UCTIONS. INC. Main Ofrce Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal@medleg.com Philadelphia, Pa 19107 TO: GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 SERVICE PLAINTIFF: DONMOYER, STEPHEN M DATE: 06/05/06 REPORT CAPTION: DO_NMOYER & DONMOYER v. M&T BANK, ET AL YOUR FILE #: 3090821 OUR FILE #: 329957-01 DEPONENT: CAMP HILL VA CLINIC SUBJECT: Authorization Outstanding To date, we have not received the signed authorization that we requested from plaintiff counsel. Accordingly, we have forwarded another request to counsel together with the authorization. If we do not receive cooperation from counsel, we will contact your office for assistance in obtaining same. Very truly yours, Jennifer Heff MEDICAL LEGAL REPRODUCTIONS (215) 335-3581 EXHIBIT "A" M T L T R MEDICAL LEGAL REPRODUCTIONS'. INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal@,medleg.com Philadelphia, Pa 19107 TO: GEORGE B FALLER JR, ESQUIRE DATE: 06/29/06 10 E HIGH ST CARLISLE, PA 17013 SERVICE REPORT Re: STEPHEN M DONMOYER Caption: DONMOYER & DONMOYER v. M&T BANK, ET AL Your File #: 3090821 LKD2443 Our File #: M329957-01 Deponent: CAMP HILL VA CLINIC Subject: Unable to secure signed authorization We have forwarded two written requests and placed several calls to plaintiff's attorney in order to obtain an authorization. Unfortunately, we do not feel that counsel is going to cooperate with our office. Without the authorization we can not proceed to secure the requested information. Therefore, we will diary our file for 20 days at which time if no authorization has been received we will close our file. Very truly yours, Jennifer Heff MEDICAL LEGAL REPRODUCTIONS (215) 335-3581 CMC/kd cc: M T L R MLJICAL LEGAL REP2.OD UCTIONS, INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2990 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: kgaJ@medleg.com Philadelphia, Pa 19107 TO: GEORGE B FALLER JR, ESQUIRE DATE: 04/28/06 10 E HIGH ST CARLISLE, PA 17013 SERVICE REPORT Re: STEPHEN M DONMOYER Caption: DONMOYER & DONMOYER v. M&T BANK, ET AL Your File #: 3090821 LKD2443 Our File #: M329957-01 Deponent: CAMP HILL VA CLINIC Subject: Authorization Request An authorization signed by the plaintiff has been requested by the deponent prior to releasing the records. If you are in possesion of a currently dated authorizations, ple4se forward same to our office at your earliest convenience. We have forwarded an authorization to Plaintiff's counsel for execution. This can be a very slow process. Any assist- ance your office can provide with opposing counsel would be appreciated. We will keep your office advised of our progress. Very truly yours, Colleen Laird MEDICAL LEGAL REPRODUCTIONS (215) 335-3581 CMC/kd cc: May 9, 2006 Dusan Bratic, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 c R. . , . i_ ..'... L_ Sri A. D, . RE: Stephen and MistyDonmoyer v. Estate ofBeulah B. Murphy and M&T Bank, formerly known as and t/d/b/a Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy No. 03-6203 - Cumberland County C.C.P. Our File No. 3090.821 Dear Dusan: Based on the medical records that you had provided to me, we had sent out several medical records subpoenas to get your client's "pre-accident" records. He apparently had received extensive prior treatment, much of which was at the Veteran's Administration Hospital. I am enclosing a service report from Medical Legal Reproductions, Inc., dated April 28, 2006. As you can see, they have enclosed an authorization which needs signed by your client. I had forgotten that federal government agencies always require an authorization or court order to release records and will not honor state court subpoenas. If you could please have Mr. Donmoyer sign the authorization and return it to our office in the envelope provided. G Very truly yours, i l MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF. mas Enclosure cc: Ms. Carol A. Shelby (LKD2443) (via e-mail) F F-ILES`DATAFILF'T-,I,,s3090`C.m-I8]NNS EXHIBIT "B" ?.I..1r yc) li' E» Ha, ? ?' . k, .•";-1. June 15, 2006 Dusan Bratic, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 \ , \'. i 1 t V V C ... t_. ?t:._. _. .\.„ RE: Stephen and Misty Donmoyer v. Estate of Beulah B. Murphy and M&T Bank, formerly known as and t/d/b/a Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy No. 03-6203 - Cumberland County C.C.P. Our File No. 3090.821 Dear Dusan: Enclosed please find a Service Report from Medical Legal Reproductions, Inc.; regarding the authorization for the Camp Hill VA Clinic. I believe the VA Clinic would also honor a Court Order. Please let me know if you will have your client sign the authorization or whether we should proceed O to go ahead and get a Court Order. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF/nlm Enclosure cc: Donald M. Lewis, III, Esquire (w/enc.) Ms. Carol A. Shelby (LKD2443) (via e-mail) F' FI LES' DATAF I LF`Tra%elas3040`,Ctjmtnt',821' db9 ?II?tiYl ??? July 10, 2006 Dusan Bratic, Esquire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Stephen and Misty Donmoyer v. Estate of Beulah B. Murphy and M&T Bank, formerly known as and t/d/b/a Allfirst Bank and Allfirst Brokerage Corporation as Administrators of the Estate of Beulah B. Murphy No. 03-6203 - Cumberland County C.C.P. Our File No. 3090.821 Dear Dusan: As you know, your client's post accident medical records mention a significant pre-existing history of treatment at the Veteran's Administration Clinics. As the service report indicates, authorizations have been forwarded to you. Since they have not been executed and sent back, we have been unable to get the Veteran's Administration records. Please contact me to notify me how you would like to resolve this stalemate. Very truly yours, O MARTSON DEARDORFF WILLIAMS & OTTO GBF/mas George B. Faller, Jr. cc: Donald M. Lewis, III, Esquire Ms. Carol A. Shelby (LKD2443) (via e-mail) F FILFS'.DATAFILE',Tra,,Icr,3,)')0`Curtcnt?tl'_1`d610 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Donald M. Lewis, III, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO By Mary Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: v) 3o/ v(? ? ?? ?- _ ? ? ?, . ;=, ,--+ ?'.) ..... C'; _ r..) -. .: t ^? °_ i. ; ,? STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs VS. ESTATE OF BEULAH B. MURPHY, and M & T BANK, formerly known as and t/d/b/a ALLFIRST BANK and ALLFIRST BROKERAGE CORPORATION, as Administrators of the Estate of Beulah B. Murphy, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6203 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this r, day of September, 2006, argument on the within motion to compel is set for Thursday, October 5, 2006, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, .xOn ,aa M. Lew X 5 ,KUS;an Bratic, Esquire For the Plaintiffs XIlary Dean, Esquire For the Defendants Am I•X?xj" Hess, J. /OW A vn no 1 3 :£ End i - J-J 9004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DONMOYER IRE DONMOYER Vs. NO. 036203 M&T BANK, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 01/15/07 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 File #: R337440 By: Susan Tyre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DONMOYER & DONMOYER Vs. M&T BANK, ET AL I No. 036203 TO: DUSAN BRATIC, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. s Date: 12/20/06 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc(s): Copy of subpoena(s) Counsel return card File #: R337440 C mmrva T.TH OF PENNSYLVANIA OOUNTY OF CUMEERLAND DONMOYER VS F i le No. . M&T BANK, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DEPT OF VETERAN AFFAIRS (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: - at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 1913-') (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making thin request at the address listed above. You have the right to seek in advance the rea.onable 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 thin subpoena may seek a court orde:- axnpe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE FALLER, ESQ ADDRESS: _ in F HTCH ST CARLISLE PA 17013 (215) 335-32t TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE : _ ->g _C; Z' (- Seal of the Court 036203 BY COURT Prothonotary/Clerk, Division Deputy (Eff. 1/9T) ADDENDUM TO SUBPOENA DONMOYER & rONMOYER Vs. M&T BANK, ET AL No. 036203 CUSTODIAN OF RECORDS FOR : DEPT OF VETERANS AFFAIRS ANY AND ALL RECORDS - NOT TO INCLUDE RECORDS OF DR MICHAEL BAIR. PERTAINING TO: NAME: STEPHEN M DONMOYER ADDRESS: 11B W GLENWOOD DR CAMP HILL PA DATE OF BIRTH: 04/23/70 SSAN: XXY-XX7040 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DEPT OF VETERANS AFFAIRS CUMBERLAND R337440-01 * * * SIGN AND RETURN THIS PAGE C'? ? O = ? .?..., --? ?., ?.? ?? ?. - ' -?? ? :a4 ? _. - _T ? -i? - _i , ' -_ re3 _:? F'r i : ; ?? -' "-,? -?- s:.? RECEIVED AUG 8 1 2006 BY: STEPHEN M. DONMOYER and MISTY K. DONMOYER, Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6203 CIVIL ACTION - LAW ESTATE OF BEULAH B. MURPHY, and M&T BANK, formerly known as and T/DB/A ALLFIRST BANK AND ALLFIRST BROKERAGE CORPORATION AS ADMINISTRATORS : OF THE ESTATE OF BEULAH B. MURPHY, Defendants. JURY TRIAL DEMANDED ORDER AND NOW, this / c day of ^ ,,-,4 , 2006, upon consideration of the Defendants' Motion to Compel, it is ORDERED that the Camp Hill Veteran's Administration Clinic provide Plaintiff's medical records to Defendants within 70 days of the date of this Order. By the Court, J. I V r,il •Z A I ° M? LOLTV IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN M. DONMOYER and MISTY K. DONMOYER Plaintiffs V. ESTATE OF BEULAH B. MURPHY, and M& T BANK, formerly known as and T/D/B/A ALLFIRST BANK AND ALLFIRST BROKERAGE . CORPORATION AS ADMINISTRATORS OF THE ESTATE OF BEULAH B. MURPHY: Defendants CIVIL ACTION - NO. 03-6203 JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND SATISFY TO THE PROTHONOTARY: Please mark the above captioned matter settled and satisfied. Respectfully Submitted, Dated: Difsan Bratic, Esquire, ID 19429 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff ° a t _- ._.? a ? " ? . r? Ti 1 4 ?.? • ?% ??