Loading...
HomeMy WebLinkAbout08-2824 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST 2275 Church Road York, Pennsylvania 17408 Plaintiff V. CIVIL ACTION -LAW NO. a$- ARAq Ctvll -Ten DONNA HOTHAM JURY TRIAL DEMANDED 2 North Locust Street, Apt. B Camp Hill, Pennsylvania 17011 Defendant PRAECIPE FOR SUMMONS Issue Summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff. Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID #: 31097 * * * * * * * * * * * TO: Donna Hotham 2 North Locust Street Camp Hill, PA 17011 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: 51LO 08 1441 a? Prothon erfic, ivil Division Deputy 00 77 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIST MICHAEL VS HOTHAM DONNA DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOTHAM DONNA the DEFENDANT at 1026:00 HOURS, on the 17th day of May 2008 at 2 NORTH LOCUST STREET APT B CAMP HILL, PA 17011 by handing to DONNA HOTHAM a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 .° Service 26.00 a"r Affidavit's .00 Surcharge 10.00 R. Thomas Kline .00 ? 54.00 05/19/2008 MARTZ & GAILEY Sworn and Subscibed to By: before me this day D uty Sher' f of A.D. - Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer a&hlaw.com (717) 237-7105 - fax Attorneys for Defendant Donna Hotham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd B. Narvol, Esquire, Marc A. Moyer, Esquire, and Thomas, Thomas & Hafer LLP, 305 North Front Street, 6th Floor, P.O. Box 999, Harrisburg, PA 17108, on behalf of Defendant Donna Hotham. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: f/2 312 S- Todd B. Narv , Esquire Attorney I. o.: 42136 Marc A. yer, Esquire Attorne .D. No.: 76434 305 North Front Street, 6`h Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Plaintiff CIVIL ACTION - LAW Counsel for Defendant Donna Hotham CERTIFICATE OF SERVICE On this M day of May, 2008, I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Jennifer L. eitch 595771.1 1 - ' Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 -direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Donna Hotham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff, Michael List, to file a Complaint within twenty (20) days or suffer Judgment of Non Pros. Respectfully submitted, Date: ?=z?? J? T6dd B. Narvo squire Attorney I.D 4o.42136 Marc A. yer, Esquire Attorne o. 76434 THO AS, THOMAS & HAFER LLP 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendant Donna Hotham Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@,tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Donna Hotham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this ago' day of , 2008, a Rule is entered upon Plaintiff to file a Complaint within twenty (20) days after service of this Rule by the Defendant. AA# 111%"??QL 5/d8/08 p T HON CERTIFICATE OF SERVICE On this. day of May 2008, I, Jennifer L. Deitch, a legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR RULE TO FILE COMPLAINT upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Counsel for Plaintiff (10 &kJzL Jennifer L. Dei ch Legal Secretary 595798.1 C" ? ?? ' `?n 4 : »? t y L, w "S?' 4 + y ?? t ? y V? 5? ??. ??? ??» ?` ?? -ice' t ?? ?? 4?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST : CIVIL ACTION -LAW Plaintiff V. : NO. 08-2824 DONNA HOTHAM : JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 of 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 default 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (800) 822-5288 ADVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de viente (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cuulquier otra queja o compensacion por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff V. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, TO WIT, this r day of Ma, 2008, comes the Plaintiff, Michael List, by his attorney, Herman A. Gailey, II , and files the following Complaint. 1. Plaintiff, Michael List, (hereinafter "Plaintiff"), is an adult citizen of the Commonwealth of Pennsylvania currently residing at 2275 Church Road, York, York County, Pennsylvania 17408. 2. Defendant, Donna Hotham, (hereinafter "Defendant"), is an adult citizen of the Commonwealth of Pennsylvania currently residing at 2 North Locust Street, Apt B, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On June 26, 2006, Plaintiff was the owner and operator of 1997 Plymouth Voyager bearing Pennsylvania registration 6BA5094. 4. On June 26, 2006, Defendant was the owner and operator of a 2005 Dodge Grand Caravan SXT bearing Pennsylvania registration EVJ5297. 5. On June 26, 2006 at approximately 7:30 a.m., Plaintiff was traveling in the left hand turn lane on Yorktowne Road preparing to make a left hand turn onto Wyndamere Road in Fairview Township, Pennsylvania. 6. At the aforementioned time and place, Defendant was attempting to make 3 a left hand turn onto Yorktowne Road from a private access on the right hand side of the roadway. As Defendant crossed traffic, Defendant failed to notice Plaintiffs vehicle in the left hand turn lane and crashed into the front end of Plaintiff's vehicle. 7. The accident and injuries hereinafter set forth were caused by the negligence of Defendant and were in no way due to any act or failure to act on the part of the Plaintiff. 8. Defendant was negligent in the operation of her vehicle as follows: a. Carelessly driving her vehicle in violation of 75 Pa.C.S.A. § 3714; b. Failure to keep alert and maintain a proper lookout for other traffic; C. Failure to maintain proper control in the operation of her vehicle at such a speed that she could bring her vehicle to a stop within her assured clear distance ahead in violation of 75 Pa.C.S.A. § 3361; d. Failure to stop when entering from alley, driveway or building in violation of 75 Pa.C.S.A. § 3344; e. Executing an improper left turn in violation of 75 Pa.C.S.A. § 3322; and f. Failure to yield the right of way in violation of 75 Pa.C.S.A. § 3324. 9. As a result of the accident, Plaintiff has sustained personal injuries which include but are not limited to injuries to his head, shoulders, back and neck. 10. As a further result of the accident, Plaintiff has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; C. Past and future loss of life's enjoyment; d. Past and future incident costs; e. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first party benefits; and g. Scarring and disfigurement. 11. Plaintiff, Michael List avers that his damages exceed the applicable limits 4 of arbitration, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, Michael List respectfully requests that this Honorable Court enter judgment against Defendant, Donna Hotham in an amount in excess of $50,000.00 plus interest and costs as permitted by law Respectfully submitted, Dated: s 3tl Og 7" t °"'" ? Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 ID No.: 31097 5 VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. If the pleading contains averments which are inconsistent in fact, after reasonable investigation, I have been unable to ascertain which of the inconsistent averments in the pleading are true, but have knowledge or information sufficient to form a belief that one of them are true. Respectfully submitted: MARTZ & GAILEY LLP 4445??W< b-ft Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 I.D. Number: 31097 Date: S a I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff v. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a true and correct copy of the foregoing Complaint on the following individual as set forth below by first class, United States pre-paid postage: Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted: Dated: J D ?CQM Herman A. Gailey, III, Esquire MARTZ & GAILEY, LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 7 1 i? i; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff V. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the Verification of Herman A. Gailey, III, Esquire, regarding the Complaint in the above-captioned case with the Verification of Michael List. Respectfully submitted, Date: By: yk 6--S(w Herman A. Gailey, III, Esquire Martz & Gailey LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D.#31097 J ? VERIFICATION 1, Michael List, do hereby verify that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. If the pleading contains averments which are inconsistent in fact, after reasonable investigation, I have been unable to ascertain which of the inconsistent averments in the pleading are true, but have knowledge or information sufficient to form a belief that one of them are true. Date: 5--// - 0 ?r 6 '0 . S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff V. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the foregoing Praecipe to Substitute Verification, this 0 day of LcNe, , 2008, by First Class United States Mail to the following: Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6t" Floor P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, Date: & /1 7 ohs By: '?IVL4 Herman A. Gailey, III, Esquire Martz & Gailey LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D.#31097 ?`'? - ?, w ? ? ? _ `?r ? C:.? +?-' ' }- --?' ? ?rt ?,,,, ?. i ? :` `/ ? ,„ .? } .. C.J w Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 -direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendant Donna Hotham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael List c/o Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER OF DEFENDANT DONNA HOTHAM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Date: ?hlv t- Tod(M. N ol, Esquire Attorney . No. 42136 Marc oyer, Esquire Atto y No. 76434 TH S, THOMAS & HAFER LLP 305 North Front Street, 6U' Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendant Donna Hotham Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire (717) 237-7133 -direct Attorney I.D. No. 42136 tnarvol@tthlaw.com Marc A. Moyer, Esquire (717) 441-3960 - direct Attorney I.D. No. 76434 mmoyer@tthlaw.com 305 N. Front Street P.O. Box 999 (717) 237-7105 - fax Harrisburg, PA 17108-0999 Attorneys for Defendant Donna Hotham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANT DONNA HOTHAM TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER AND NOW, comes Defendant Donna Hotham, by and through her counsel, Thomas, Thomas & Hafer, LLP, and respectfully submits her Answer with New Matter to Plaintiff's Complaint as follows: 1. DENIED. After reasonable investigation, Defendant Donna Hotham is without sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in Paragraph 1 of Plaintiff's Complaint. The averments are, therefore, DENIED, and proof thereof is demanded at time of trial. 2. DENIED. It is ADMITTED that Ms. Hotham currently resides at 6 North Locust Street, Shiremanstown, PA 17011. 3. DENIED. After reasonable investigation, Defendant Donna Hotham is without sufficient knowledge or information to form a belief as to the owner of the automobile operated by Plaintiff Michael List on June 26, 2006. The averments are, therefore, DENIED, and proof thereof is demanded at time of trial. 4. ADMITTED. 5. DENIED as stated. It is ADMITTED that Plaintiff s Complaint alleges the occurrence of an automobile accident on June 26, 2006 at approximately 7:30 a.m., and that the accident occurred on Yorktowne Road, Fairview Township, Pennsylvania. After reasonable investigation, Defendant Donna Hotham is without sufficient information to form a belief as to the remaining averments set forth in Paragraph 5 of Plaintiff's Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against Defendant Donna Hotham, the averments are DENIED. 6. DENIED as stated. It is ADMITTED only that an automobile accident occurred on Yorktown Road on June 26, 2006 at approximately 7:30 a.m. The remaining averments of Paragraph 6 are DENIED. 7. The averments set forth in Paragraph 7 of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that the accident and injuries allegedly sustained by the Plaintiff were caused by the negligence of Defendant Donna Hotham. It is DENIED that the accident and alleged injuries were no way due to any act or failure to act on the part of the Plaintiff. The averments set forth in Paragraph 8 of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Defendant Donna Hotham was negligent in the manner alleged in Plaintiff's Complaint. By way of further Answer, it is DENIED that Defendant Donna Hotham was negligent in the operation of her motor vehicle as follows: a. It is DENIED that Defendant Donna Hotham negligently or carelessly drove her vehicle in violation of 75 Pa.C.S.A. § 3714; b. It is DENIED that Defendant Donna Hotham was negligent by failing to keep alert and maintain a proper lookout for other traffic; C. It is DENIED that Defendant Donna Hotham was negligent by failing to maintain proper control in the operation of her vehicle at such a speed that she could bring her vehicle to a stop within her assured cleared distance ahead in violation of 75 Pa.C.S.A. § 3361; d. It is DENIED that Defendant Donna Hotham was negligent by failing to stop when entering from an alley, driveway, or building in violation of 75 Pa.C.S.A. § 3344; e. It is DENIED that Defendant Donna Hotham was negligent by executing an improper left turn in violation of 75 Pa.C.S.A § 3322; and f. It is DENIED that Defendant Donna Hotham was negligent by failing to yield the right of way in violation of 75 Pa.C.S.A § 3324. 9. The averments set forth in Paragraph 9 of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Defendant Donna Hotham lacks sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in Paragraph 9 of Plaintiff's Complaint as to the personal injuries, if any, allegedly experienced by the Plaintiff. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against Donna Hotham, the averments are DENIED. 10. The averments set forth in Paragraph 10 of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Defendant Donna Hotham lacks sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in Paragraph 10 of Plaintiff's Complaint as to the personal injuries, if any, allegedly experienced by the Plaintiff, including the damages alleged in Paragraph 10 of Plaintiff's Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments set forth in Paragraph 10 of Plaintiff's Complaint are intended to impute liability against Donna Hotham, the averments are DENIED. 11. The averments set forth in Paragraph 11 of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Plaintiff's damages, if any, exceed the applicable limits of arbitration. WHEREFORE, Defendant Donna Hotham respectfully requests that judgment be entered in her favor and against Plaintiff, and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 12. Defendant Donna Hotham hereby incorporates her Answers to Paragraphs one (1) through eleven (11) of Plaintiff's Complaint by reference as if fully set forth at length herein. 13. Plaintiff's Complaint may fail to state a cause of action upon which relief can be granted under Pennsylvania law. 14. Discovery may show that Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 15. Discovery may show that Plaintiff's claims are barred by the assumption of risk and/or his contributory negligence. 16. Discovery may show that the contributory negligence of Plaintiff Michael List was the sole and proximate cause of Plaintiff' s injuries. 17. Plaintiffs cause of action, the existence of which is DENIED, may be barred by the applicable statutes of limitations under Pennsylvania law. 18. Discovery may show that the claimed injuries and/or damages of Plaintiff, the existence of which are DENIED, were caused in whole or in part by acts or omissions of another or others for whom Defendant Donna Hotham is not responsible and whose conduct Defendant Donna Hotham had no reason to anticipate. 19. Defendant Donna Hotham is not responsible for the actions of any other parties whose conduct may have caused or contributed to the injuries complained of in Plaintiff's Complaint. 20. Discovery may show that the alleged actions and omissions of Defendant Donna Hotham were not a substantial factor, or were an insignificant factor, or were not a legal factor in causing or contributing to Plaintiffs alleged injuries and damages, if any. 21. Discovery may show that Plaintiffs alleged injuries and damages, if any, were not caused or aggravated by the acts or omissions of Defendant Donna Hotham but, rather, were pre-existing, or caused by something other than the collision on or about June 26, 2006. 22. As discovery may show, Plaintiffs recovery may be barred or limited by the affirmative defenses of waiver, release, immunity, settlement, accord and satisfaction, the terms of a contract or agreement, arbitration and award, collateral estoppel and/or equitable estoppel, and laches. 23. Discovery may show recovery for Plaintiff s alleged injuries and damages, if any, are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa. C.S. § 1701, et. seq., including, but not limited to, the sections relating to the limited tort provision, the provision that bars recovery of medical expenses and wage loss benefits paid or payable by insurance, and/or the provisions that reduce the recoverable amount of damages. 24. Discovery may show that Plaintiff, if he suffered any injuries at all, did not suffer any permanent loss of a bodily function, permanent disfigurement, or permanent dismemberment, and may be precluded from recovering damages for pain and suffering. 25. Future discovery may show that the negligent acts or omissions of others may have constituted intervening, superseding causes of the damages and/or injuries alleged to be sustained by the Plaintiff. 26. Discovery may show that Plaintiff, Michael List, was negligent per se for violating provisions of the Pennsylvania Motor Vehicle Code, including (a) 75 Pa. C.S. §§ 3361 (relating to driving vehicle at safe speed) 3362, 3363; (b) 75 Pa C.S. §§ 3714 (relating to careless driving); (c) 75 Pa. C.S. §§ 3736 (relating to reckless driving); 27. Any damages, injuries, and losses allegedly sustained by the Plaintiff may have been due to the negligence, carelessness and/or recklessness of Plaintiff, in that he: (a) failed to slow or stop the vehicle he was operating in a manner so as to avoid causing a collision; (b) operated his vehicle at an excessive rate of speed under the circumstances; (c) operated his vehicle in careless disregard for the safety of persons and/or property; (d) failed to alert Defendant Donna Hotham of his approach; (e) failed to take evasive action without providing Defendant sufficient time to react; (f) drove his vehicle at a speed greater than is reasonable and prudent under the conditions, and by not having regard for the actual and potential hazards then existing; (g) failed to observe vehicles on the roadway; (h) failed to operate his vehicle in accordance with existing traffic conditions; (i) failed to drive at a speed and in the manner that would have enabled him to stop prior to the accident with the Defendant; 0) failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways or entering the streets and highways; (k) failed to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (1) failed to keep a proper lookout; (m) failed to see Defendant's vehicle which was in open view; (n) failed to take appropriate evasive action; (o) failed to obey traffic control devices; and (p) created an emergency situation. 28. Defendant Donna Hotham asserts as a defense that she was confronted with a sudden emergency. 29. At the time of the accident, Defendant may have been confronted with a situation that was an unforeseeable and beyond her control. 30. The accident referred to in Plaintiff s Complaint may have been avoidable by the Plaintiff. 31. Defendant Donna Hotham asserts that this action may be barred by the Doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendant Donna Hotham respectfully request that judgment be entered in her favor and against Plaintiff Michael List and that she be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. Respectfully submitted, Date: Todd B. Nan '. Zsauire Attorney I.D. 42136 Marc A. Moy , Esquire Attorney No 76434 THOMAS, THOMAS & HAFER LLP 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Defendant Donna Hotham VERIFICATION I, Donna Hotham, state that I have read the foregoing ANSWER OF DEFENDANT DONNA HOTHAM TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief, although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I maybe subject to criminal penalties. Date: 7 b3 /O e T Donna 1` 1 CERTIFICATE OF SERVICE On this _2day of July 2008, I, Jennifer L. Deitch, a legal secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the ANSWER OF DEFENDANT DONNA HOTHAM TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Counsel for Plaintiff Jenn er L. De ch Legal Secretary 599019.1 r-? C> ?_ ..-' .'? ? c? .. ? - ?t._ _ '.'? P t :.en `.J ??. r ? ?.. ? .- =1 rr ?^+? ?r..3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST Plaintiff : CIVIL ACTION -LAW V. : NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, this 0- day of , 2008, comes the Plaintiff, Michael List, by his attorney, Herman A. Gailey, Ill, a d replies to New Matter of Defendant as follows: 12. Denied to the extent the paragraphs incorporated are inconsistent with the corresponding paragraphs of Plaintiffs Complaint. 13. Denied and averred to the contrary that Plaintiffs Complaint states a good and adequate cause of action. 14. Denied and averred to the contrary that Plaintiff was in no way negligent and at all times exercised due care under the circumstances. 15. Denied and averred to the contrary that Plaintiff at no time proceeded in the face of a known danger or otherwise assumed the risk of harm. 16. Denied and averred to the contrary that no act or failure to act on the part of Plaintiff caused or contributed to Plaintiff's injuries. 17. Denied and averred to the contrary that Plaintiffs claim was timely filed. 18. Denied and averred to the contrary that Defendant, Donna Hotham, caused the injuries described in Plaintiff's Complaint. 19. Admitted that Donna Hotham is not responsible for actions of others. It is, however, denied that parties other than Donna Hotham caused or contributed to the injuries sustained in this accident. 20. Denied and averred to the contrary that the actions of Donna Hotham caused Plaintiff's injuries as is more fully set forth in Plaintiffs Complaint. 21. Denied and averred to the contrary that Plaintiff's injuries were caused and/or aggravated by the accident of June 26, 2006. 22. Denied as a conclusion of law to which no response is required. To the extent a response may be deemed required, it is denied that any of the affirmative defenses set forth in this paragraph apply to the instant claim. 23. Admitted that the Pennsylvania Motor Vehicle Financial Responsibility Law is applicable to this case. Denied that the legal effect of that Act is to bar or limit Plaintiff's claims as set forth in this paragraph. 24. Denied and averred to the contrary that Plaintiff suffered permanent loss of a bodily function. It is further denied that the limited tort option applies to this case. 25. Denied and averred to the contrary that Defendant was negligent and a substantial factor in bringing about Plaintiff's injuries as is more fully set forth in Plaintiff's Complaint. 26. Denied and averred to the contrary that Plaintiff, Michael List, was in no way negligent or negligent per se. It is specifically denied that Plaintiff was guilty of any of the traffic offenses set forth in paragraphs A-C. 27. Denied and averred to the contrary that Plaintiff at all times operated his vehicle with due care with specific sub-paragraphs addressed as follows: a. Denied that Plaintiff failed to slow or stop his vehicle in an appropriate manner. b. Denied that Plaintiff was driving his vehicle at an excessive rate of speed. C. Denied that Plaintiff operated his vehicle in any careless manner whatsoever. d. Denied and averred to the contrary that Plaintiff took all reasonable action to make himself visible and apparent on the roadway. e. Denied and averred to the contrary that Plaintiff took the limited evasive action which was possible under the circumstances. f. Denied and averred to the contrary that Plaintiff at all times operated his vehicle at a speed which was appropriate for the conditions existing. g. Denied and averred to the contrary that Mr. List kept a proper lookout for vehicles on the roadway. 2 h. Denied and averred to the contrary that Plaintiff at all times operated his vehicle in a manner consistent with existing traffic conditions. i. Denied and averred to the contrary that Plaintiff drove at a speed and manner that allowed him to control his car appropriately. j. Denied and averred to the contrary that Plaintiff at all times was alert and kept a proper lookout for the presence of other vehicles. k. Denied and averred to the contrary that Plaintiff at all times had his vehicle under proper and adequate control. 1. Denied and averred to the contrary that Plaintiff at all times was vigilant for other traffic and kept a proper lookout for other vehicles on the roadway. M. Denied and averred to the contrary that Plaintiff at all times exercised adequate care to visualize any hazards to the extent possible. n. Denied and averred to the contrary that Plaintiff took the limited evasive action which was possible under the circumstances created by the negligence of the Defendant. o. Denied and averred to the contrary that Plaintiff at all times obeyed traffic control devices to the extent relevant in this instance. p. Denied and averred to the contrary that Plaintiff in no way created an emergency situation and averred to the contrary that acts and omissions of Defendant were the sole cause of the emergency which resulted in the accident and injuries to Plaintiff. 28. Denied and averred to the contrary that any sudden emergency which existed in this instance was caused by the actions of Donna Hotham herself. 29. Denied and averred to the contrary that the consequences of Defendant's negligent driving were abundantly apparent and were of the type which ultimately resulted in this accident and the injuries sustained by Plaintiff. 30. Denied and averred to the contrary that Plaintiff had no meaningful way of avoiding the accident. 31. Denied and averred to the contrary that the legal doctrines referred to in this paragraph do not apply to the facts of this case. WHEREFORE, Your Honorable Court is respectfully requested to dismiss Defendant's New Matter and to enter relief as prayed in Plaintiffs Complaint. 3 Respectfully submitted, Dated lj.-4 6 W? vp Herman A. Gailey, III, Esquire MARTZ & GAI LEY LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 ID No.: 31097 4 VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. If the pleading contains averments which are inconsistent in fact, after reasonable investigation, I have been unable to ascertain which of the inconsistent averments in the pleading are true, but have knowledge or information sufficient to form a belief that one of them are true. Respectfully submitted: MARTZ & GAILEY LLP ? C4-14-f RE! Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 I.D. Number: 31097 Date: 7 /19/0 g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff v. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a true and correct copy of the foregoing Reply to New Matter on the following individual as set forth below by first class, United States pre-paid postage: Todd B. Narvol, Esquire Marc A. Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6t" Floor P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted: Dated: 7 18 op 1?4 ?Herman A. Gailey, III, Esquire MARTZ & GAILEY, LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 6 C> , c-- r; `ri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff V. : NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant : PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the Verification of Herman A. Gailey, III, Esquire, regarding the Reply to New Matter in the above-captioned case with the Verification of Michael List. Respectfully submitted, Date: - Aboo By: Herman A. Gailey, III, Esquire Martz & Gailey LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D.#31097 VERIFICATION I, Michael List, do hereby verify that the facts set forth in the foregoing Reply to New Matter are true to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. If the pleading contains averments which are inconsistent in fact, after reasonable investigation, I have been unable to ascertain which of the inconsistent averments in the pleading are true, but have knowledge or information sufficient to form a belief that one of them are true. Date: ?2 - /OJ- 8 Mictfael List 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff V. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the foregoing Praecipe to Substitute Verification, this day of t , 2008, by First Class United States Mail to the following: Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, Date: ?? 48 By: Herman A. Gailey, III, Esquire Martz & Gailey LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D.#31097 4"3?rt. 1 N 4 2? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION - LAW Plaintiff V. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the Plaintiff's Interrogatories to Defendant - Set Number One this day of u GIS/T '2008, by First Class United States Mail to the following: Todd B. Narvol, Esquire Marc A. Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6t" Floor P.O. Box 999 Harrisburg, PA 17108 Date: 91114163 Respectfully submitted, Herman A. Gailey, III, Esquire MARTZ AND GAILEY 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID # 31097 6 r e % -,16 na IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION -LAW Plaintiff V. NO. 08-2824 DONNA HOTHAM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the Plaintiffs' Interrogatories - Set Number Two to Defendant, this day of u? , 2008, by First Class United States Mail to the following: Todd B. Narvol, Esquire Marc A. Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6`h Floor P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, Date: /y I Heiman A. Gailtly, III, Esquire MARTZ & GAI LEY LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID# 31097 c? q ? a 77 01. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST CIVIL ACTION - LAW Plaintiff V. : NO. 08-2824 DONNA HOTHAM : JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the Plaintiff's Request for Pr duction of Documents to Defendant, Donna Hotham, this /yN'? day of U S? , 2008, by First Class United States Mail to the following: 41 Todd B. Narvol, Esquire Marc A. Moyer, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6t" Floor P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, 0?4 e ?4 Herman A. Gailey, III, Esquire MARTZ AND GAI LEY 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID# 31097 n rv CZ 77' rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Civil Action -Law Plaintiff, V. : No. 08-2824 DONNA HOTHAM, Defendant. : Jury Trial Demanded CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this A, * day of , 2008, a copy of Plaintiff's Answers to Defendant's Interrogatories and Plaintiff's Response to Defendant's Request for Production of Documents was mailed, postage prepaid, to: Todd B. Narvol, Esquire Marc A. Moyer, Esquire Thomas, Thomas and Hafer 305 North Front Street, 6"' Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant MARTZ & GAILEY LLP Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 C'? ny f t`t r. u7 ---1 ' r Z7 7 C4 r ?• ?.._ ' 'p a =t l_Y I?p THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Donna Hotham, intends to serve subpoenas identical to those 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 will be served. THOMAS, THOMAS & HAFER LLP Date: November 6, 2008 By: MARC/x! MOYER, Attorn for Defendant 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /?/A day of November, 2008, I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Date: November 6, 2008 Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 t?? ?2 7 arbara A. &14;t- Dnorato, Paralegal 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shiloh Chiropractic, 2217 Carlisle Road York PA 17404 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including, but not limited to: correspondence charts office notes progress notes, consultation reports, x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellspan Neurology, 290 St. Charles Way York PA 17403 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949 SSN• 178-40-8965) including, but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas. Thomas & Hafer. LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State _Farm Insurance, P. O. Box 41, Concordville PA 19331 (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: Copies of any and all claim(s) files and medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence charts office notes, progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results statements of iniury, diagnosis and prognosis, patient histories and insurance forms at, Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Ravi Dukkipati, Neurology Center, 897 Poplar Church Rd 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 or things: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis patient histories and Insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Loretta Bainapally, Yorktowne Family Practice 1575 Bannister St York PA 17404 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results statements of injury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer. LLP, 305 N. Front St. P.O. Box 999 Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: 640144.5 Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Paul Eslinger University Physicians Group 121 Nyes Rd Suite C Harrisburg PA 17112 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports, x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer. LLP, 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 640144.6 Prothonotary/Clerk, Civil Division Deputy IN I HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Garth Good, York ENT Associates 924 Colonial Avenue Bldg E York PA 17403 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyed, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vision Eve Therapy, 2791 South Queen Street Dallastown PA 17313 (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: Copies of any and all medical records regardinq Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury, diaqnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Eve Care, 240 Harrisburg Pike Lancaster PA 17601 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyerl, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.9 IN I HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Trail Family Medicine 2295 Susquehanna Trail Suite A York PA 17404 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949, SSN: 178-40-8965) including but not limited to.- correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diaanostic film reports and results, test results statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer LLP, 305 N. Front St. P.O. Box 999, Harrisburq PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court 640144.10 Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Lawrence McCloskey Wellspan Behavior Health 259 North Sixth Street Columbia, PA 17512 (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: Copies of any and all medical records regardinq Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division 640144.11 Deputy IN I HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, NO.: 08-2824 - CIVIL TERM Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Thomas Fink, ACORN Health 4410 Lingelstown Road Harrisburg, PA 17112 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949: SSN: 178-40-8965) Including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer LLP _305 N. Front St. P.O Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Hospital, 1001 South George Street York PA 17405 (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: Copies of any and all medical records regarding Michael List (DOB 10/20/1949 SSN• 178-40-8965) Including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas 8 Hafer LLP, 305 N. Front St. P.O Box 999, Harrisbura PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Memorial Hospital, 325 South Belmont Street York PA 17401 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Retina Care Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of anv and all medical records regarding Michael List (DOB: 10/20/1949: SSN 178-40-8965) Including but not limited to: correspondence charts office notes progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results statements of injury, diagnosis and prognosis patient histories and insurance forms at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _J_ST Corporation, 421C Amity Road Harrisburg PA 17111 (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: Copies of any and all employment records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) Including but not limited to: correspondence application for employment pre-employment physical attendance records disability records wage information statements of Injury, and insurance forms at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisbur PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DA Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.2 ? r-s i ?' C..,. 7 r;:3:9 ,,.?.. :? `-? ??: tr,r ? .. ..,? ? ?j.. t^ 1 ?? ,w " ` ?', a'+ 1 !a C? ;.{ THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7106 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about November 7, 2008. 2. Attorney Herman Gailey, Counsel for the Plaintiff, has waived the twenty days (20) day rule. 3. The subpoenas which will be served are identical to the subpoenas which are attached to this Notice. THOMAS, THOMAS & HAFER, LLP By: Date: November 19, 2008 Marc A. Moyer, Esquire (717) 441-3960 Attorneys for Defendant 456077-1 CERTIFICATE OF SERVICE I, Barbara Onorato, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 19th day of November, 2008: Herman Gailey, Esquire 96 South George Street Suite 430 York, PA 17401 Respectfully submitted, Thomas, Thomas & Hafer, LLP By Barbara Onorato, Paralegal Date: November 18, 2008 456077-1 THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Donna Hotham, intends to serve subpoenas identical to those 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 will be served. THOMAS, THOMAS & HAFER LLP Date: November 11, 2008 By: MARC A. MOYER, Attorney for Defendant 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of November, 2008, I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Date: November 19, 2008 Herman A. Gailey, Ill, Esquire 96 South George Street Suite 430 York, PA 17401 13arbara A. Onorato, Paralegal 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vision Eye Therapy, 2791 South Queen Street, Dallastown, PA 17313 (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: Copies of anv and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence, charts, office notes, progress notes consultation reports x-ray or other diagnostic films, diagnostic film reports and results test results statements of iniurv diagnosis and prognosis, patient histories and insurance forms, at: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824- CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Eve Care, 240 Harrisburg Pike, Lancaster, PA 17601 (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: Copies of any and all medical records regarding Michael List (DOB: 10120/1949; SSN: 178-40-8965) including but not limited to: correspondence charts office notes progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyerl, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff : CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Trail Family Medicine, 2295 Susquehanna Trail, Suite A, York, PA 17404 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes, progress notes consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms, at, Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Lawrence McCloskey Wellspan Behavior Health, 259 North Sixth Street, Columbia, PA 17512 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including but not limited to: correspondence, charts, office notes, progress notes consultation reports x-ray or other diagnostic films, diagnostic film reports and results test results statements of injury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas Thomas & Hafer LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Thomas Fink, ACORN Health, 4410 Lingelstown Road, Harrisburq, PA 17112 (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: Copies of any and ail medical records regarding Michael List (DOB: 10120/1949: SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes, pro rq ess notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR., Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Hospital, 1001 South George Street York PA 17405 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including, but not limited to: correspondence charts office notes progress notes, consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results statements of injury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Memorial Hospital 325 South Belmont Street, York, PA 17401 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including but not limited to: correspondence, charts, office notes, progress notes consultation reports x-ray or other diagnostic films, diagnostic film reports and results test results statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas Thomas & Hafer LLP, 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Retina Care Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any_ and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: JST Corporation, 421 C Amity Road, Harrisburg, PA 17111 (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: Copies of any and all employment records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence, application for employment Pre-employment physical, attendance records, disability records wage information statements of injury, and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg-PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A, Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.2 THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, n Plaintiff CIVIL ACTION - LAW c c t 1 . V. NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, JURY TRIAL DEMANDED '.=.- Defendant NOTICE OF INTENT TO-SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR .DISCOVERY PURSUANT TO RULE 4009.21 t?'J Defendant, Donna Hotham, intends to serve subpoenas identical to those 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 will be served. THOMAS, THOMAS & HAFER LLP Date: November 6, 2008 By: ' MOYER, for Defendant 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF "SERVICE AND NOW, this A6A day of November, 2008, f, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 arbara A. Onorato, Date: November 6, 2008 Paralegal 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shiloh Chiropractic, 2217 Carlisle Road, York, PA 17404 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes, progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellspan Neurology, 290 St. Charles Way York PA 17403 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949 SSN: 178-40-8965) including, but not limited to: correspondence charts office notes progress notes, consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results statements of injury,diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Insurance P. O. Box 41, Concordville, PA, 19.331 (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: Copies of any and all claim(s) files and medical records regarding Michael List (DOB: 10/20/1949 SSN: 178-40-8965) including but not limited to: correspondence, charts, office notes progress notes consultation reports x-ray or other diagnostic films, diagnostic film reports and results test results, statements of injury, diagnosis and prognosis patient histories and insurance forms at, Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Ravi Dukkipati, Neurology Center, 897 Poplar Church Rd., 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 or things: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes, progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, JURY TRIAL DEMANDED Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Loretta Bainapally, Yorktowne Family Practice, 1575 Bannister St., York, PA 17404 (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: Conies of anv and all medical records regarding Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes, progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at., Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Paul Eslinger, University Physicians Group, 121 Nyes Rd., Suite C, Harrisburg, PA 17112 (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: Copies of any and all medical records regardinq Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including, but not limited to: correspondence, charts, office notes, progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Garth Good York ENT Associates 924 Colonial Avenue, Bldg. E, York, PA 17403 (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: Copies of any and all medical records regardinq Michael List (DOB: 10/20/1949: SSN: 178-40-8965) including but not limited to: correspondence, charts, office notes, progress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results test results statements of injury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyerl, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#i 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.7 r ; ? .?-a ??" m .c ; ,-- ?? ?? . e? ?, ? .? ?. ?`? "i .?. .. ... ??.i„t' THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A,Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about March 26, 2009 to serve subpoenas upon Fairview Township Police, Allied Benefit Systems, Shrewsbury Chiropractic, Diane Hawk, DN, Ph.D., Dr. dames;Pier and Sun Life Financial/GenWorth. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 456077-1 3. The twenty (20) day period for filing and serving objections to said subpoenas has been waived by counsel for Plaintiff as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Date: April 1, 2009 THOMAS, THOMAS & HAFER, LLP By: (C. arc W. Moyer, B i (717) 441-3960 Attorneys for Defendant 456077-1 THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIC14AEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Donna Hotham, intends to serve subpoenas identical to those 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 will be served. THOMAS, THOMAS & HAFER LLP Date: March 26, 2009 By: ?L N' ARC A. MOYl , Attorney for Defehdant 640228-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST., Plaintiff CIVIL ACTION - LAW V. DONNA HOTF AM, NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Fairview Township Police 145 Limekiln Road New Cumberland PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents photo aphs diagrams videotapes audio tapes and/or all other documentation including investigations for an accident which occurred on 6/26/06 on Yorktowne Road Fairview Township. PA at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. DONNA HOTHAM, NO.: 08-2824 -CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Allied Benefit Systems 208 S LaSalle Ste 1300, Chicago IL 60604 (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: Copies of any and all records regarding Michael List (DOB: 10/20/1949• SSN• 178-40-8965) concerning Claim No 07399413, Group No A06118 Employer: IST Corp - at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg. PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW v DONNA HOTHt1M, NO.: 08-2824 -CIVIL TERM Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shrewsbury Chiropractic 8 Constitution Avenue, Shrewsburg, PA 17361 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949; SSN: 178-40-8965 including, but not limited to: correspondence charts office notes, progress notes, consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms etc. at: Thomas, Thomas & Hafer LLP. 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff v. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Diane Hawk, ND, Ph.D. 259 N. 6th Street, Columbia, PA 17512 (Name of Person or Entity) Within twenty (2Q) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949• SSN• 178-40-8965) ircluding but not limited to: correspondence, charts, office notes, progress notes consultation reports x-ray or other diagnostic films, diagnostic film reports and results test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms, etc. at: Thomas Thomas & Hafer. LLP. 305 N. Front St. P.O Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT - DATE: Seal of the Court Deputy Prothonotary/Clerk, Civil Division 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff v. DONNA HOTF[AM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. James :Pier POB 334, Cheshire CT 06401 (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: Copies of any and all medical records regarding Michael List (DOB: 10/20/1949, SSN: 178-40-8965 including, but not limited to: correspondence charts, office notes progress notes, consultation reports, x-ray or other diagnostic films diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis. patient histories and insurance forms etc. at: Thomas Thomas & Hafer LLP 305 N. Front St, P.O. Box 999. Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court: Deputy Prothonotary/Clerk, Civil Division 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sun Life Financial/ GenWorth, 175 Addison Road, POB 725, Windsor, CT 06095-0725 (Name of Person or Entity) Within twenty (2Q) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all records regarding Michael List (DOB: 10/20/1949• SSN• 178-40-8965) concerning Group Account Number 007-1771-04 at: Thomas Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Deputy Prothonotary/Clerk, Civil Division 640144.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Z" DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thi,1UC,' ? day ofl? '2009, I, RENEE K. COONRADT, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Date: March 26, 2009 Renee K. Coonradt, Paralegal 640228-1 MAR/30/2009/MON 02;35 PM MAATZ & GAILEY FAX No.717 852 8268 JGM?Gf}•.??4yya?.\y'?b?ewl r!?'i4??fi!.?[,.?1'.?Sl??IL•Y?f F(1???? ?} ? _ f ? 4 f. 5 1 fF S??:L •1 rl. JJFfWIMMrII s' t y? ? I T - I',i. rlf' ::a-: a? r:?Ti?c.};^...TJ.'?!r'Y?T.?'?,.LI:P?,?d216!'i.. .. t a.! ?h F,:?71.•.?? P. 002 - y:"• ?i4^^_yYI.n.M--.lc+.r i'. .. .:? r1?. T ttrrry ?jr?? -•.1 l;rw A _ F-T ¦:,n:'IVA.I ?:.:: i:l .a\7YA?if1??3?i'l I, r.?e?.i,.....'Lrs?? ?i$? kl %1..?..'. _..., ._???. __.. s.._...-.? ._.i-ye? Itr?r :.,} :•t;1<ik.yhrt`ck;Th'1 as:µiN'+ - ::u •. ...... ... .. .?:r.±r.-n^?:!c'vilY['3!au?_... -- ... ?.?+Y`.?i:?.... •?I? _ ac,?ymr Bexee K Coonrndt, Paralegal (717) 441-7063 reoonmdi@itbkw.eom March 26, 2009 Merman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Re: Michael List v. Donna Hotham Our Pile No. 644-80862 Dear Mir. Gailey: This office wishes to issue subpoenas to Paifrrtew Troumrho Police, Allaed Benefit Systems, ,Shrewsbury Chirpractic, Diane Hawk, DN, Ph.D., Dr. James Pier, and Sun Life Panancial/Gen;Porth. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4099.22 the issuance of a Notice of Intent to Serve Subpoenas may be waived if all parties agree- It would be most appreciated if you would sign the bottom of this letter; date it and return it to me indicating your agreement to waive the twenty day notice. I will gladly provide you with copies of all documents received. I have enclosed a Notice of Intent with subpoenas £or your file. If you havve any questions, please do not hesitate to contact this office. /rkc: 681231.1 Enclosures very truly yours, * Thomas, Thomas & Hafer, LLP enee IC. Coonradt, Paralegal for Marc,A. Moyer, Esgxtr OF?612f?`?1.'?iE1 ???01}22Y7S?Y1xg? pi175??? ?.`??? Ic?I33iti:Ass:' $* 903,ezs3reg: 7,7 -7 S$ f?a'. 7 I• }?C?5 . CERTIFICATE OF SERVICE I, Renee K. Coonradt, hereby certify that I have served a true and correct copy of the foregoing documentc?o-n the following persons by placing same in the United States mail, postage prepaid, on the I day of ) , 2009: Herman Gailey, Esquire 96 South George Street Suite 430 York, PA 17401 Counsel for Plaintiff Respectfully submitted, Thomas, Thomas & Hafer, LLP By Renee o egal 456077-1 PLED w _7 r C OF TN,- ,-cjr7T;n-, ,)TARY 2009 APR-2 PM 1:07 f A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Civil Action -Law Plaintiff, V. No. 08-2824 DONNA HOTHAM, Defendant. : Jury Trial Demanded CERTIFICATE OF SERVICE I hereby certify that I have sent a true and correct copy of the foregoing PLAINTIFF'S NOTICE OF DEFENDANT'S DEPOSITION, this 2_0 day of 2009, by First Class United States Mail to the following: Marc A. Moyer, Esquire Thomas, Thomas & Hafer 305 N. Front Street Sixth Floor Harrisburg, PA 17101 Attorneys for Defendant MARTZ & GAILEY, LLP By: 1?0 HERMAN A. AILEY, III, ESQUIRE Attorney I.D. No.: 31097 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 3 FILED-4--":?'HCr OF THE P,7"; NOIARY 2003 APR 22 PM 3: 02 Pr i? in 1, 1A cp,? +' : 11 THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff CIVIL ACTION - LAW V. NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about June 2, 2009 to serve subpoenas upon State Farm and the Pennsylvania State Police. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day period for filing and serving objections to said subpoenas has been waived by counsel for Plaintiff as evidenced by the attached correspondence. 456077-1 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent. Date: June 9, 2009 THOMAS, THOMAS & HAFER, LLP By: C Affirl ( Jam- Marc A. Moyer, Esquire (717) 441-3960 Attorneys for Defendant 456077-1 t THOMAS, THOMAS & HAFER LLP Marc A. Moyer, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 1710&0999 (717) 255-7134 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Plaintiff V. DONNA HOTHAM, Defendant CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 T0: Counsel for Plaintiff Defendant intends to serve subpoenas upon Pennsylvania State Police and State Farm Insurance. You have twenty (2o) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. THOMAS, THOMAS & HAFER LLP Date: By: I V MARC A. MOYER, Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW Defendant NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police, c/o Comm Frank E Pawlowski, 1800 Elmerton Ave Harrisburg PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents photographs diagrams videotapes and/or audio tapes and/or all other documentation including investigations regarding Incident No H01-1441256 for an accident which occurred on November 24, 2004. at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisbur PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. DONNA HOTHAM, Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Insurance, P. O. Box 41, Concordville, PA, 19331 (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: Copies of anv and all ciaim(s} files materials medical records, correspondence, charts log notes photographs, and/or all other documents regarding Claim Nos. 38K562786 and 3BK562976 for Date of Loss: November 24, 2004. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, V. Plaintiff CIVIL ACTION - LAW NO.: 08-2824 - CIVIL TERM DONNA HOTHAM, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the ?me in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of 2009, on all counsel of record as follows. Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Date: fz?* fyl'-? - =? Renee K. Coonra t, egal 701938.1 HARRISBURG BETHLEHEM PITTSBURGH. BALTIMORE PHILADELPHIA. June 9, 2009 Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 Re: Michael List v. Donna Hotham Our File No. 644-80862 Dear Mr. Gailey: ATTORNEYS AT LAW wvVRT. tdilaw. corn Renee K Coonradt, Paralegal (717) 441-7063 rcoonradt@ttblaw.com Thank you for agreeing to waive the twenty (20) day notice requirement to serve subpoenas on the Pennsylvania State Police and State Farm for Mr. List's November 2004 accident. We will be happy to provide you with all copies received in response thereto. Please contact me with any questions. Very truly yours, Thomas, Thomas & Hafer, LLP Ren K. Coonradt, Paralegal for arc A. Moyer, Esquire /rkc: 704894.1 Smart. Resourceful. 305 North Front Street, Sixth Floor, Harrisburg, PA 17101 Phone: (717) 2,37-7100 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Fax (717) 237-7105 CERTIFICATE OF SERVICE I, Renee K. Coonradt, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on th day of a 0 - , 2009: Herman Gailey, Esquire 96 South George Street Suite 430 York, PA 17401 Counsel for Plaintiff Respectfully submitted, Thomas, Thomas & Hafer, LLP By Renee K. Coonradt, Paralegal 456077-1 F1LfT5?-? rr,C"E rj z..?na`??AF?Y THE 2099 3 UN 10 P'N 1: 3 3 CU.`v t, ;i. NTY PEININ4 7YL;d`ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST, Civil Action -Law Plaintiff, V. No. 08-2824 DONNA HOTHAM, Defendant. Jury Trial Demanded CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4, t - day o&L, 2009, a copy of Plaintiff s Answers to Defendant's Interrogatories was mailed, postage prepaid, to: Todd B. Narvol, Esquire Marc A. Moyer, Esquire Thomas, Thomas and Hafer 305 North Front Street, 6`'' Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant MARTZ & GAILEY LLP Herman A. Gailey, III, squire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 FILED-O, FICE OF THE FROTI,C OTARY 2009 OCT 29 PM 3= 17 CUMBi-.-H ? IL) COUNTY PENNSYLVANIA ~ILED'OFFICE cF THE PROTHoNaz~RY 2011 NOV -9 PM 12: 43 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LIST : : CIVIL ACTION - LAW Plaintiff : v. : NO. 08-2824 DONNA HOTHAM : NRY TRIAL UEMANDEU Defendant : PRAECIPE TO SETTLE. DISCONTINUE & END Please mark the above-captioned action settled and satisfied. Please also issue a Certificate of Satisfaction. ~ Respectfully submitted: MARTZ & GAILEY LLP Date:_ ~ Herman A. Gailey, III, Esquire 96 South George Street I Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID 31097 c ~{,3~~ ~~267//,3