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HomeMy WebLinkAbout08-3873SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney 1. D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467 Attorney for Plaintiffs gkramer@srklaw.com MARCUS R. BRANDT and : IN THE COURT OF COMMON PLEAS JENNIFER BRANDT, his wife : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs 0'iV1 NO. 08 - 38?3 l (err V. : RODNEY L. FRISCO, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment 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. IF YOU CANNOT AFFORD 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 ??? AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 MARCUS R. BRANDT and JENNIFER BRANDT, his wife Plaintiffs V. RODNEY L. FRISCO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA . NO. d - -39 73 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, MARCUS R. BRANDT and JENNIFER BRANDT, his wife, by and through their attorneys, SCHMIDT KRAMER PC, and respectfully sets forth as follows: COUNT I NEGLIGENCE 1. The Plaintiffs, Marcus R. Brandt and Jennifer Brandt, are adult individuals, husband and wife, currently residing at 43 White Dogwood Drive, Etters, York County, Pennsylvania 17319. 2. The Defendant, Rodney L. Frisco, is an adult individual currently residing at 222 Brian Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The facts and events herein stated took place on or about July 27, 2006, at or about 2:40 p.m., on Route 15 North, at approximately mile marker 41.5, Cumberland County, Lower Allen Township, Pennsylvania. 4. At the aforesaid time and place, the Plaintiff, Marcus R. Brandt, was traveling North in the right hand lane of Route 15. 5. At the aforesaid time and place, the Defendant, Rodney L. Frisco, was operating a 1998 Plymouth Voyager also traveling North in the right hand lane of Route 15. 6. At the aforesaid time and place, the Plaintiff, Marcus R. Brandt, slowed and stopped his vehicle for stopped traffic ahead. 7. At the aforesaid time and place, the Defendant, Rodney L. Frisco, was traveling behind the Plaintiff, Marcus R. Brandt, at approximately 50-60 miles per hour. 8. At the aforesaid time and place, the Defendant, Rodney L. Frisco, was distracted by reading a text message on his cell phone and did not realize traffic had stopped. 9. As a result, the Defendant, Rodney L. Frisco's, vehicle collided with the rear of the Plaintiff, Marcus R. Brandt's, vehicle causing significant damage. 10. The accident was caused by the negligence and carelessness of the Defendant, Rodney L. Frisco, and was in no way caused or contributed to by the Plaintiff, Marcus R. Brandt. 11. The negligence and carelessness of the Defendant, Rodney L. Frisco, consisted of the following: a. driving to fast for road conditions; b. failing to have his vehicle under proper and adequate control; C. failing to observe other vehicles on the highway; d. failing to keep a reasonable lookout for other vehicles lawfully on the road; and e. failing to abide by the assured clear distance rule. 12. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, suffered injuries which are severe and are believed to be permanent which include the following: a. headaches; b. cervical radiculopathy; C. shoulder pain; and d. low back pain. 13. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, has incurred medical expenses to date which have been paid in accordance with the Workers' Compensation Act. These charges may be recovered in this third party action. Medical payments to date are $14,275.88. Plaintiff will continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 14. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, has been advised and, therefore avers, that the injuries may be permanent in nature and effect, and thus, a claim for these injuries is made. 15. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these injuries is made. 16. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, may be obliged to spend various sums of money and to incur various expenses for the injuries that he has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 17. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, has suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 18. As a factual result of the accident, the Plaintiff, Marcus R. Brandt, has lost wages in the amount of $10,356.30. In addition, he has suffered a loss of earning power and capacity as well as wages, and thus, a claim for these losses is made. WHEREFORE, the Plaintiff, Marcus R. Brandt, demands judgment on the Defendant, Rodney L. Frisco, in an amount in excess of an amount requiring compulsory arbitration. COUNT II JENNIFER BRANDT V. RODNEY L. FRISCO LOSS OF CONSORTIUM 19. Paragraphs 1 through 18 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 20. The Plaintiff, Jennifer Brandt, has suffered from the loss of services and companionship and consortium of her husband, Plaintiff, Marcus R. Brandt, as a factual result of the negligence of the Defendant, Rodney L. Frisco. WHEREFORE, the Plaintiff, Jennifer Brandt, demands judgment on the Defendant, Rodney L. Frisco, in an amount in excess of an amount requiring compulsory arbitration. DATED: Respectfully submitted SCHMIDT KRAMER PC BY / ro? Z- P(erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, MARCUS R. BRANDT, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: . ?-off MARCUS R. BRANDT R Qy ..p O 00 -0 00 Al US O a D 1, , CZ) n SHERIFF'S RETURN - REGULAR CASE NO: 2008-03873 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANDT MARCUS R ET AL VS FRISCO RODNEY L STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRISCO RODNEY L the DEFENDANT , at 0017:15 HOURS, on the 2nd day of July 2008 at 222 BRIAN DRIVE ENOLA, PA 17025 RODNEY FRISCO by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage 18.00 15.00 .00 10.00 42 43.42 So Answers: R. Thomas Kline Sworn and Subscibed to before me this day 07/03/2008 SCHMIDT KRAMER By: Deputy Sheriff of A. D. W_ Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: js@jdsw.com Attorneys for Defendant MARCUS R. BRANDT and JENNIFER BRANDT, his wife Plaintiffs V. CIVIL ACTION - LAW NO. 2008-3873 Civil Term RODNEY L. FRISCO, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant Rodney L. Frisco in the above-captioned matter. Date: August 22, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER ?Lgffei%on J. Shipman, EAuire orney I.D. No. 51785 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 342160 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 22, 2008: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4berson J. Shi man, Esquire 342160 cn a` . S C. l .JA a m- ?. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant MARCUS R. BRANDT and IN THE COURT OF COMMON PLEAS OF JENNIFER BRANDT, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 2008-3873 Civil Term RODNEY L. FRISCO, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Marcus R. and Jennifer Brandt c/o Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. Date: September 3, 2008 JOH N, UFFIE, STEWART & WEIDNER By: J erson J. Shipma , Esquire A orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant MARCUS R. BRANDT and IN THE COURT OF COMMON PLEAS OF JENNIFER BRANDT, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 2008-3873 Civil Term RODNEY L. FRISCO, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT RODNEY L. FRISCO TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Rodney L. Frisco, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted upon information and belief. 7. Admitted in part; denied in part. It is admitted that Mr. Frisco was traveling behind the Plaintiff. It is denied that he was traveling at approximately 50 to 60 miles per hour. 8. Admitted in part; denied in part. It is admitted only that Mr. Frisco was distracted by his cell phone and he looked away from traffic. It is denied that Mr. Frisco was reading a text message on his cell phone. 9. Admitted in part; denied in part. It is admitted that there was contact between Mr. Frisco's vehicle and the vehicle of the Plaintiff. Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 9 and the same are therefore denied. 10. Denied. The averments contained in paragraph number 10 are conclusions of law and fact to which no response is required. If a response is deemed to required, the averments contained therein are specifically denied. 11. Denied. The averments contained in paragraph number 11 and subparagraphs (a) through (e) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 11 and subparagraphs are (a) through (e) are specifically denied. (a) Denied. It is specifically denied that Mr. Frisco was driving too fast for road conditions; (b) Denied. It is specifically denied that Mr. Frisco failed to have his vehicle under proper and adequate control; (c) Denied. It is specifically denied that Mr. Frisco was failing to observe other vehicles on the highway; (d) Denied. It is specifically denied that Mr. Frisco failed to keep a reasonable lookout for other vehicles lawfully on the road; and 2 (e) Denied. It is specifically denied that Mr. Frisco failed to abide by the assured clear distance ahead. 12. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 12 relating to Plaintiff's alleged injuries and the same therefore denied, and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 13 relating to Plaintiff's alleged medical expenses and the same therefore denied, and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 relating to Plaintiff's alleged injuries and the same therefore denied, and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 15 and the same therefore denied, and strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 16 and the same therefore denied, and strict proof is demanded at the time of trial. 17. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 17 and the same therefore denied, and strict proof is demanded at the time of trial. 3 18. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 18 and the same therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, Defendant Rodney L. Frisco respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II Jennifer Brandt v. Rodney L. Frisco Loss of Consortium 19. Mr. Frisco incorporates herein by reference his answers to paragraphs 1 through 18 above as though fully set forth herein by length. 20. Denied. After reasonable investigation, Mr. Frisco is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 20 and the same therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, Defendant Rodney L. Frisco respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Mr. Frisco interposes the following new matter defenses: 21. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the limited tort option. 4 23. That if it should be found that there was any negligence on the part of Mr. Frisco, which is denied, then in that event, any such negligence was not a substantial factor or a factual cause of the Plaintiffs' alleged harm. 24. That the Plaintiffs may have failed to mitigate their injuries and damages. 25. That the Plaintiffs' injuries and damages as alleged may have been pre-existing. 26. That the alleged cause of action may have been caused by an intervening, superseding cause. 27. That the alleged cause of action may have been caused by third parties or entities not presently involved in this action. WHEREFORE, Defendant Rodney L. Frisco respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSO , DUFFIE, STEWART & WEIDNER 14?? B' Je erson J. Ship an, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: September 3, 2008 342115 5 VERIFICATION I, Rodney L. Frisco, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. odney isco Date: S -2q -0 d' 342131 CERTIFICATE OF SERVICE 1 hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 3, 2008: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. Ship an, Esquire r-a - Tl ' i.? t q SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467 Attorney for Plaintiffs gkramer@schmidtkramer.com MARCUS R. BRANDT and JENNIFER BRANDT, his wife . Plaintiffs V. RODNEY L. FRISCO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3873 CIVIL ACTION -',LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANTS AND NOW, come the Plaintiffs, Marcus R. Brandt and Jennifer Brandt, his wife, by and through their attorneys, SCHMIDT KRAMER PC, and respectfully sets forth as follows: 21. Paragraph 21 states a conclusion of law to which no responsive pleading is necessary. 22. Paragraph 22 states a conclusion of law to which no responsive pleading is necessary. 23. Paragraph 23 states a conclusion of law to which' no responsive pleading is necessary. 24. Paragraph 24 states a conclusion of law to which no responsive pleading is necessary. 25. Paragraph 25 states a conclusion of law to which no responsive pleading is necessary. 26. Paragraph 26 states a conclusion of law to which no responsive pleading is necessary. 27. Paragraph 27 states a conclusion of law to which no responsive pleading is necessary. WHEREFORE, the Plaintiffs request that the New Matter of the Defendant be dismissed and judgment be entered in favor of the Plaintiffs. Respectfully submitted SCHMIDT KRAME* PC DATED: 711z?)o e3 BY rz.rard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs qft ATTORNEY VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: 2 // z U Gerard C. Kramer, Esquire CERTIFICATE OF SERVICE AND NOW, this 10g- day of 2008, I, Gerard C. Kramer, Esquire, hereby certify that I have this day served a' true and correct copy of the Plaintiff's Answer to New Matter by depositing alcopy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, Esquire Johnson Duffle 301 Market Street Lemoyne, PA 17043-1628 Attorney for Defendant Respectfully submitted, SCHMIDT KRAMER PC By: erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs m L i ?° .? , ". ?c d' .? ,/ ? ( ? V ^'.... Johnson, Duffle, Stewart $ Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: ps(a-idsw.com MARCUS R. BRANDT and JENNIFER BRANDT, his wife Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2008-3873 Civil Term RODNEY L. FRISCO, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby. certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; I (3) No objection to the subpoenas has been received, the waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSO , DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: February 5, 2009 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on February 5, 2009: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER t By Je erson J. Shipman, Esquire Imm R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY A W 0 F F I C i OHNSON DUFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SHOVER KELLY L. BONANNO ANDREW P. DOLLMAN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 146 E-MAIL lcg@jdsw.com Devonshire Family Health Center 2850 Commerce Drive Harrisburg, PA 17110 Re: Marcus Brandt DOB: 2/16/72 SSN: 190-50-3540 Dear Records Custodian: February 5, 2009 Enclosed please find a subpoena requesting the production of records under your control pertaining to arcus Brandt. Please produce said records per the instructions in the subpoena, addressing all records to me. With said copies, please include your statement for the costs of preparing same and your Tax identification Number and you will be reimbursed according to Pennsylvania Act 26 of 1998. Enclosed you will also find a copy of a Certificate Prerequisite To Service of A Subpoena which we intend to file with the court. The Notice Of Intent, which is attached to the Certificate Prerequisite was served on Mr. Brandt's counsel. Also enclosed is a Certificate of Compliance. Please complete and return along with the requested documents. Your cooperation in this matter is greatly appreciated. Should you have any questions or need further information, please contact the undersigned at (717) 761-4540. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Linda C. Greenleaf, Paralegal to Jefferson J. Shipman Enclosures 3,01 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iis(c?idsw.com MARCUS R. BRANDT and JENNIFER BRANDT, his wife Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RODNEY L. FRISCO, Defendant NO. 2008-3873 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve four (4) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. Date: January 16, 2009 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeffe on J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 342156 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent to Serve Subpoena has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on January 16, 2009: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire 342156 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARCUS R. BRANDT and JENNIFER BRANDT, his wife Versus RODNEY L. FRISCO Plaintiffs : No. 08-3873 Civil Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Devonshire Family Health Center Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and medical records, reports, correspondence, diagnostic test results pertaining to Marcus R. Brandt, DOB: 2/16/72, SSN: 190-50-3540 at Johnson, Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 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 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: Address: Telephone: Supreme Court ID #: Attorney for: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 51785 Defendant BY THE COURT: othono i il Div- ion Date: I D Seal of a Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARCUS R. BRANDT and JENNIFER BRANDT, his wife Versus RODNEY L. FRISCO TO: PRISM Plaintiffs : No. 08-3873 Civil Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and medical records, reports, correspondence, diagnostic test results pertaining to Marcus R. Brandt, DOB: 2/16/72, SSN: 190-50-3540 at Johnson, Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 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 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: Address: Telephone: Supreme Court ID #: Attorney for: Jefferson J. Shipman, Esquire P.O. BOX 109 Lemoyne, PA 17043 (717) 761-4540 51785 Defendant BY THE COURT: roth onotaryZvi ion Date: 111410 Deputy Seal o the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARCUS R. BRANDT and JENNIFER BRANDT, his wife Versus RODNEY L. FRISCO Plaintiffs : No. 08-3873 Civil Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and medical records, reports, correspondence, diagnostic test results pertaining to Marcus R. Brandt, DOB: 2/16/72, SSN: 190-50-3540 at Johnson, Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 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 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: Address: Telephone: Supreme Court ID #: Attorney for: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 51785 Defendant BY THE COURT: Joo n o it i sion Date: Deputy 1 1 0 Seal of e Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARCUS R. BRANDT and JENNIFER BRANDT, his wife Versus RODNEY L. FRISCO Plaintiffs : No. 08-3873 Civil Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Helmsman Management Services, LLC Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Entire rile including but not limited to medical records, reports, and bills, payment logs, relating to Marcus R. Brandt, DOB: 2/16/72, SSN: 190-50-3540, Claim #WC390-422476 at Johnson, Duffle, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 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 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: Address Telephone: Supreme Court ID #: Attorney for: Jefferson J. Shipman, Esquire P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 51785 Defendant BY THE COURT: // q-z1.00AQ, "Ibe, I k4 - othono i iv' ion Deputy Date: /`f O Sea of the Court AL;_3)-Qc.r':v : Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com 20 1! FEB 16 PH 2' w ?J FCI""a'3'Uv}'? yrr i lA Attorneys for Defendant MARCUS R. BRANDT and JENNIFER BRANDT, his wife Plaintiffs V. RODNEY L. FRISCO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3873 Civil Term JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. SCHMIDT KRAMER, P.C. Ljerala L;. Kramer Y_ 4z7 tJ, JOHNSON, DUFFIE, STEWART & WEIDNER 1-1 dL:-A,4 J /0- e on J. Sh' man DISCONTINUANCE CERTIFICATE AND NOW, this day of , 2010, suit has been marked as above directed. 15ROTHONOTA-111 7 :391771 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on February 12, 2010: Gerard C. Kramer, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Michelle H. Spangler 391771