The URL can be used to link to this page

Home My WebLink About09-0247 PAGE 1 REPORT ZDRDOCT First Judicial District RUN DATE 12/23/08 USER ID: DJL CIVIL DOCKET REPORT RUN TIME 11:03 AM CASE ID 080802612 ~' ~ a ~7 Ccu~ ------------------------------------- CASE NUMBER CASE CAPTION 080802612 LAUREANO VS TRAFCON INDUSTRIES INC FILING DATE COURT LOCATION JURY 20-AUG-2008 JC CH J CASE TYPE: PRODUCT LIABILITY STATUS: TRANSFER TO OTHER JURISDICTION Seq # Assoc Expn Date Type ID Party Name / Address & Phone No. 1 APLF A60643 WEINBERG, MARC A 815 GREENWOOD AVE SUITE 22 ROCKLEDGE PA 19046 (215)576-0100 2 1 PLF 06101121 LAUREANO, NELSON 5435 HORROCKS ST PHILADELPHIA PA 19124 3 4 DFT 06101128 TRAFCON INDUSTRIES INC 81 TEXACO RD MECHANICSBURG PA 17050 4 ADFT A2752 DAVIS, ROBERT S 1525 LOCUST ST., 14TH FL. PHILADELPHIA PA 19102 (215)732-3755 (215)732-0124 - FAX 5 TL J367 ABRAMSON, HOWLAND W 485 CITY HALL PHILADELPHIA PA 19107 (215)686-7363 (215) 686-9509 - FAX Filing Date / Time Docket Entry 20-AUG-08 15:21:36 ACTIVE CASE 20-AUG-08 15:44:47 COMMENCEMENT OF CIVIL ACTION Date Entered 20-AUG-08 22-AUG-OS WEINBERG, MARL A 20-AUG-08 15:44:47 COMPLAINT FILED NOTICE GIVEN 22-AUG-08 WEINBERG, MARL A COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. REPORT ZDRDOCT First Judicial District USER ID: DJL CIVIL DOCKET REPORT CASE ID 080802612 Filing Date / Time Docket Entry 20-AUG-08 15:44:47 SHERIFF'S SURCHARGE 1 DEFT 20-AUG-OS 15:44:47 WAITING TO LIST STATUS CONF PAGE 2 RUN DATE 12/23/08 RUN TIME 11:03 AM Date Entered 22-AUG-08 WEINBERG, MARC A 22-AUG-OS WEINBERG, MARC A 15-SEP-08 15-SEP-08 15:22:12 SHERIFF'S SERVICE WEINBERG, MARL A DEPUTIZED SERVICE OF PLAINTIFF'S COMPLAINT UPON TRAFCON INDUSTRIES INC BY SHERIFF OF CUMBERLAND COUNTY ON 09/06/2008. (FILED ON BEHALF OF NELSON LAUREANO) 19-SEP-OS 16:29:00 ENTRY OF APPEARANCE FILED 22-SEP-08 DAVIS, ROBERT S ENTRY OF APPEARANCE OF ROBERT S. DAVIS FILED ON BEHALF OF DFT TRAFCON INDUSTRIES INC. 19-SEP-08 16:29:00 JURY TRIAL PERFECTED 22-SEP-08 DAVIS, ROBERT S 19-SEP-08 16:29:00 PRELIMINARY OBJECTIONS 22-SEP-08 DAVIS, ROBERT S 58-08096658 PRELIMINARY OBJECTIONS TO PLAINTIFF(S) COMPLAINT FILED. RESPONSE DATE: 10-19-08 (FILED ON BEHALF OF DEFENDANT TRAFCON INDUSTRIES INC) 22-SEP-08 11:38:42 TRANSFERRED TO MAJOR JURY 22-SEP-08 22-SEP-08 11:38:42 WAITING TO LIST CASE MGMT CONF 22-SEP-08 08-OCT-OS 11:09:37 ANSWER (MOTION/PETITION) FILED 09-OCT-08 LAUREANO, NELSON 58-08096658 PLAINTIFF'S RESPONSE TO THE PRELIMINARY OBJECTIONS OF DEFENDANT, TRAFCON INDUSTRIES, INC. FILED. 16-OCT-08 09:18:43 PRELIM OBJECTIONS ASSIGNED 16-OCT-08 58-08096658 PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE: ABRAMSON, HOWLAND W. ON DATE: OCTOBER 16, 2008 20-OCT-08 09:53:58 ORDER ENTERED/236 NOTICE GIVEN 20-OCT-08 ABRAMSON, HOWLAND W 58-08096658 IT IS HEREBY ORDERED AND DECREED THAT THE PARTIES SHALL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ORDER TO CONDUCT LIMITED DISCOVERY ON THE SUBJECT OF VENUE. THEREAFTER, THE PARTIES SHALL HAVE TEN (10 DAYS TO FILE THEIR MEMORANDA OF LAW.....ABRAMSON,J. 10/16/08 12-NOV-08 09:23:30 LISTED FOR CASE MGMT CONF 12-NOV-OS PAGE 3 REPORT ZDRDOCT First Judicial District RUN DATE 12/23/08 USER ID: DJL CIVIL DOCKET REPORT RUN TIME 11:03 AM CASE ID 080802612 Filing Date / Time Docket Entry Date Entered 14-NOV-08 00:01:34 NOTICE GIVEN 14-NOV-08 21-NOV-08 19:26:37 STIPULATION FILED 24-NOV-08 DAVIS, ROBERT S 44-08111944 STIPULATION FILED TO TRANSFER TO CUMBERLAND COUNTY. AWAITING JUDICIAL APPROVAL (FILED ON BEHALF OF TRAFCON INDUSTRIES INC) 02-DEC-08 09:27:29 TRANSFER TO OTHER JURISDICTION 02-DEC-08 ABRAMSON, HOWLAND W 58-08096658 58-08096658 IT IS HEREBY ORDERED AND DECREED THAT DEFT'S PRELIMINARY OBJECTIONS ARE DISMISSED AS MOOT. THE PARTIES HAVE STIPULATED TO TRANSFER VENUE FROM THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TO THE COURT OF COMMON PLEAS OF CUMBERLAND COtJNTY.....ABRAMSON,J. 11/25/08 02-DEC-08 09:27:29 NOTICE GIVEN UNDER RULE 236 02-DEC-08 02-DEC-OS 09:28:13 STIPULATION FILED 02-DEC-08 ABRAMSON, HOWLAND W STIPULATION FILED BY AND BETWEEN COUNSEL THAT VENUE IN THIS MATTER BE TRANFERRED FROM THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PRETRIAL DISCOVERY IN THE FORM OF THE DEPOSITION OF THE CHIEF FINANCIAL OFFICER OF THE DEFT. CORPORATION HAVING REVEALED THAT SAID CORPORATION HAS NO MEANINGFUL CONTACTS WITH THE COUNTY OF PHILADELPHIA....ABRAMSON,J. 11/25/08 19-DEC-08 15:33:00 PRAECIPE/TRNSFER OUT OF COUNTY 23-DEC-08 DAVIS, ROBERT S PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY COURT FILED. DL * * * End of Docket J~-N 13 2009 .. , ~°~~~~`rd:~~~'~~~ ;,, ~y~. ,~=_~_P~16AO~UNTY , , C ~~ ("~ r N q ~ ~ _`rl ...il.;;µ' r- ~ ; r ~i ' - J ;~ (' ~t ~ ~ti ~ ~ _~~ rte' ~ • ~ r}-: 4 i s ..,~ _ I1~T THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION Nelson Laureano August Term 2008 Plaintiff v. No. 2612 Trafcon Industries, Inc. Defendant Motion Control No. 096658 ORDER AND NOW, this 25~' day of November, 2008, it is hereby ORDERED and DECKED that Defendant's Preliminary Objections are DISMISSED as MOOT. The parties have stipulated to transfer venue from the Court of Common Pleas of Philadelphia County to the Court of Common Pleas of Cumberland County. BY THE COURT, / l HOWLAND W. ABRAMSON, J. STOJ Laureano Vs Trafcon Ind-V~ D®CKETE'~ n ~r.~ IIII 3 ~1 IIII III C ~ ~• IIII E IIII COPIES SEP~T III IIII III 001 II 120 ~; 0808026 PURSUANT 3 Pa.I;.C.P 236(bj NOV 2 5 2008 FIRSTJUDICIAL ~iSTRICT OF PA USER I.D.:_~,et? lg yv.~ DAVIS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215)732-3755 NELSON LP.UREANO v. TRAFCON INDUSTRIES, INC. Attorney for Defendant COURT OF COMMOl~' PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 STIPULATION TO TRANSFER It is stipulated and agreed by the parties hereto, through their undersigned counsel, that venue in this matter is transferred from the Court of Common Pleas, Philadelphia to the Court of Common Pleas, Cumberland County, pre-trial discovery in the form of the deposition of the Chief Financial Officer of the defendant corporation having revealed that said corporation has no meaningful contacts with the County of Philadelphia. Date: l/ / Date ~ ~~~ ~ ~~ Laureano Vs Trafcon Industries Inc-STPLT COPIES SENT PURSUANT~Ve a.bR.C.P.2Cot IIII (IVIIIIII IIIIIIIIIIII)I III ~~ 2 ~ ~~~ ososo2s~ 2ooo2a FIRSTJUDICI~ICTOFPA USER I.D.: ~ ~i i!`~~ /~ V MARL A. WEINBERG Attorney for Plainti /> / ROBERT S. DAVIS Attorney for Defendant J ~ Case ID: 080802b 12 ~~. I .~ .~ w ~~~~~ DAVIS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215)732-3755 Attorney for Defendant NELSOItiT LAUREANO v. TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 PRAECIPE TO TRANSFER TO THE PROTHONOTARY: Kindly transfer the above matter from the Court of Common Pleas of Philadelphia County to the Court of Common Pleas of Cumberland County pursuant to a Stipulation to Transfer filed with the Court and approved by the Honorable Howland W. Abramson on November 25, 2008, a copy of which is attached hereto marked Exhibit "A". Date: December 15, 2008 ~'~'" ROBERT S. DAVIS Attorney for Defendant, Trafcon Industries, Inc. Laureano Vs Trafcon Industries Inc-PRYER NIIIIIIIIINI tlI~IINIIIIIGI ~ -- EXHIBIT "A" t J~ ~." r DAVIS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215) 732-3755 Attorney for Defendant NELSON LAURI;ANO v. TRAFCON INDUSTRIES, INC. COURT OF COh~1MOl~T PLEAS . PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 STIPULATION TO TRANSFER It is stipulated and agreed by the parties hereto, through their undersigned counsel, that venue in this matter is transferred from the Court of Common Pleas, Philadelphia to the Court of Common Pleas, Cumberland County, pre-trial discovery in the form of the deposition of the Chief Financial Officer of the defendant corporation having revealed that said corporation has no meaningful contacts with the Cowfty of Philadelphia. Date: ~~ ~ ~~~ Date: ~ ~~ COPIES SENT PURSUANT i J Pa.R.C.P.236(b) Atm~'p 2 c~.b}~,1~}~ Court: FIRSTJUDICIALD ST ICTOFPA USER LD.: b«- / `~ '~ MARC A. WEINBERG Attorney for Plainti ROBERT S. DAVIS Attorney for Defendant J ` ~ Case ID: 080802612 Court of Common Pleas of Philadelphia County ~ r:a u~ ~ "~ Trial Division Civil Cover Sheet ti PLAINTIFF'S NAME DEFENDANTS NAME NELSON LAUREANO TRAFCON INDUSTRIES, INC. PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS 5435 Horrocks Street 81 Texaco Road Philadelphia, PA 19124 Mechanicsburg, PA 17050 PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO. OF DEFENDANTS COMMENCEMENT OF ACTION ^/ Complaint ^ Petition Action ^ Notice of Appeal 1 1 ^ Writ of Summons ^ Transfer From Other Jurisdictions AMOUNT IN CONTROVERSY COURT PROGRAMS ^ $50,000.00 or less ^ Arbitration ^ Mass Tort ^ Comme<ce ^ Settlement ^/ More than $50,000.00 ^ Jury ^ Savings Action ^ Minor Court Appeal ^ Minors ^ Non-Jury ^ Petition ^ Statutory Appeals ^ W/D/Survival ^ Other: CASE TYPE AND CODE (SEE INSTRUCTIONS) 2P -Products Liability STATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) RELATED PENDING CASES (LIST BV CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO COORDINATION ORDERS Laureano Vs Trafcon Industries Inc-CMPLT Yes No ^ ^ IIIIIIIIilllllllli8lll I I I it III ^ ^ 08080261200003 a o TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. NAME OF PLAINTIFF'S/PETITIONER'S/APPELLANT'S ATTORNEY ADDRESS (SEE INSTRUCTIONS) Marc A. Weinberg, Esquire 815 Greenwood Avenue, Suite 22 PHONE NUMBER FAX NUMBER Jenkintown, PA 19046 (215)576-0100 (215)576-6288 SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS 60643 MweinbergQsafiwein.com SIGNATURE DATE ~~ August 19, 2008 ` ~1 In§t~'udtt~>a~r~ompleting Civil Cover Sheet ~.~. Rules of Couit~require that a Civil Cover Sheet be attached to any document commencing an action (whether the action is commenced by Complaint, Writ of Summons, Notice of Appeal, or by Petition). The information requested is necessary to allow the Court to properly monitor, control anal dispose cases filed. A copy of the Civil Cover Sheet must be attached to service copies of the document commencing an action. The attorney or non- represented party filing a case shall complete the form as follows: A. Parties i. Plaintiffs/Defendants Enter names (last, first, middle initial) of plaintiff, petitioner or appellant ("plaintiff') and defendant. If the plaintiff or defendant is a government agency or corporation, use the full name of the agency or corporation. In the event there are more than three plaintiffs and/or three defendants, list the additional parties on the Supplemental Parties Form. Husband and wife are to be listed as separate parties. ii. Parties' Addresses Enter the address of the parties at the time of filing of the action. If any party is a corporation, enter the address of the registered office of the corporation. iii. Number of Plaintiffs/Defendants: Indicate the total number of plaintiffs and total number of defendants in the action. B. Commencement Type: Indicate type of document filed to commence the action. C. Amount in Controversy: Check the appropriate box. D. Court Program: Check the appropriate box. E Case Types: Insert the code number and type of action by consulting the list set forth hereunder. To perfect a jury trial, the appropriate fees must be paid as provided by rules of court. Proceedings Commenced by Appeal Minor Court SM Money Judgment SL Landlord and Tenant SD Denial Open Default Judgment SE Code Enforcement Other: Local Agency SB Motor Vehicle Suspension - Breathalizer SV Motor Vehicle Licenses, Inspections, Insurance SC Civi] Service SK Philadelphia Parking Authority SQ Liquor Control Board SR Board of Revision of Taxes SX Tax Assessment Boards SZ Zoning Board 52 Board of View 51 Other: Other: Proceedings Commenced by Petition 8P Appointment of Arbitrators 8C Name Change -Adult 8L Compel Medical Examination 8D Eminent Domain 8E Election Matters 8F Forfeiture 8S Leave to Issue Subpoena 8 M Mental Health Proceedings 8G Civil Tax Case -Petition Other: Actions Commenced by Writ of Summons or Complaint Contract Professional Malpractice ]C Contract 2D Dental 1 T Construction 4L Legal ]O Other: 2M Medical Tort 4Y Other: 2B Assault and Battery IG Subrogation 2L Libel and Slander Equity 4F Fraud E I No Real Estate 1J Bad Faith E2 Real Estate 2E Wrongful Use of Civil Process 1D Declaratory Judgment Other: M ] Mandamus Negligence Real Property 2V Motor Vehicle Accident 3R Rent, Lease, Ejectment 2H Other Traffic Accident Q1 Quiet Title 1F No Fault Benefits 3F Mortgage Foreclosure 4M Motor Vehicle Property Damage 1 L Mechanics Lien 2F Personal Injury - FELA P t Partition 20 Other Personal Injury Prevent Waste 2S Premises Liability -Slip & Fall 1 V Replevin 2 P Product Liability 1 H Civil Tax Case -Complaint 2 T Toxic Tort Other: TI Asbestos Tl DES T1 Implant 3E Toxic Waste Other: F. Commerce Program Commencing January 3, 2000 the First Judicial District instituted a Commerce Program for cases involving corporations and corporate law issues, in general. If the action involves corporations as litigants or is deemed a Commerce Program case for other reasons, please check this block AND complete the information on the "Commerce Program Addendum". For further instructions, see Civil Trial Division Administrative Docket O] of 1999. G. Statutory Basis for Cause of Action If the action is commenced pursuant to statutory authority ("Petition Action"), the specific statute must be identified. H. Related Pending Cases All previously filed related cases, regardless of whether consolidated by Order of Court or Stipulation, must be identified. I. Plaintiff's Attorney The name of plaintiffs attorney must be inserted herein together with other required information. In the event the filer is not represented by an attorney, the name of the filer, address, the phone number and signature is required. The current version of the Civil Cover Sheet may be downloaded from the FJD's website http://courts.phila.gov 01-101 (Rev. 2/00) (Reverse) MARC A. WEINBERG, ESQUIRE MAJOR NON-JURY Attorney I.D. No: 60643 SAFFREN &WEINBERG Attorney for Plaintiff 815 Greenwood Avenue Suite 22 Jenkintown, PA 19046 (215) 576-0100 NELSON LAUREANO COURT OF COMMON PLEAS 5435 Horrocks Street Philadelphia, PA 19124 Plaintiff, v. PHILADELPHIA COUNTY TERM, 200 GUST 200$ NO AV TRAFCON INDUSTRIES, INC. 81 Texaco Road Mechanicsburg, PA 17050 Defendant. ~t _ ~2s1~ NOTICE TO PLEAD 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA COUNTY BAR ASSOCIATION Lawyer Referral Service One Reading Center Philadelphia, PA 19103 (215)238-6300 AVISO Le hen demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las p~ginas siguientes, usted liana veinte (20) dies de plazo al partir de la fecha de la demands y la notificacibn. Hace felts asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se del'iende, la Corte tomarfi medidss y puede continuer la demands en contra soya sin previo aviso o notificaci6n. Adem~s, la Corte puede decidir a favor del demandante y requiere qua usted cumpla con lodes las provisiones de esta demands. Usted puede perder dinero o sus propiedades o otros derechos importante pare usted. LLEVE ESTA DEMANDA A UN ABODADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TEL>;FONO A LA OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIACION DE LICENCIADOS DE FILADELFIA Servicio De Referencia E Informacion Legal One Reading Center Philadelphia, PA 19107 Telefono: (215) 238-6300 SAFFREN & WEINBERG MAJOR NON-JURY Marc A. Weinberg, Esquire Identification No. 60643 815 Greenwood Avenue Suite 22 Jenkintown, PA 19046 (215) 576-0100 ATTORNEY FOR PLAINTIFFS NELSON LAUREANO COURT OF COMMON PLEAS 5435 Horrocks Street PHILADELPHIA COUNTY Philadelphia, PA 19124 Plaintiff, TERM, 2008 v. NO. TRAFCON INDUSTRIES, INC. 81 Texaco Road Mechanicsburg, PA 17050 Defendant. CIVIL ACTION COMPLAINT 2P -Product Liability Plaintiff, Nelson Laureano, by and through his Attorney, Marc A. Weinberg, Esquire, hereby file this Complaint against Defendant, Trafcon Industries, Inc., and in support thereof, avers as follows: PARTIES 1. Plaintiff, Nelson Laureano, is an adult individual residing at the above captioned address. 2. The Defendant, Trafcon Industries (hereinafter Trafcon) is a corporation and/or other business entity, doing business in Philadelphia County, Pennsylvania, by designing, assembling, producing, manufacturing, marketing, selling, and distributing message boards and other traffic control products to the citizens of and to the Commonwealth of Pennsylvania. Defendant, Trafcon, is a duly licensed Corporation with its principal business and mailing address located at 81 Texaco Road in Mechanicsburg, PA. 3. At all times relevant hereto, Defendant, Trafcon, conducted business in Philadelphia County and maintained business contacts in Philadelphia County, Commonwealth of Pennsylvania. FACTUAL BACKGROUND 4. At all times relevant hereto, Defendant, Trafcon, marketed, manufactured, designed, fabricated, modified, assembled tested and otherwise placed into the stream of commerce an Early Warning Sign/ Message Board (hereinafter referred to as the "Message Board"). 5. At all times relevant hereto, Defendant, Trafcon, sold and delivered said Message Board to the Pennsylvania Turnpike Commission. 6. At all times relevant hereto, Trafcon, was engaged in the business of designing, manufacturing, distributing, marketing, advertising, selling, supplying and otherwise placing Message Boards and traffic control products into the stream of commerce including the general public and political subdivisions. 7. At all times relevant hereto Plaintiff was employed by the Pennsylvania Turnpike Commission as an Operator 1. 8. On August 21, 2006, Plaintiff was assigned to place the aforedescribed Message Board on the side of Interstate 476 South (Northeast Extension). 9. On said date while Plaintiff, was cranking the Message Board in a reasonable and foreseeable manner, the front leg of the message board snapped and broke, causing the Message Board to fall and come into violent contact with the Plaintiff 2 10. On the date and time of the accident described hereinabove, Plaintiff believed he was operating the Message Board in a safe manner and was not aware of any hazards associated with his use of the Message Board. 11. At all times relevant hereto the Message Board was manufactured, distributed, marketed, advertised, sold, supplied and otherwise placed into the stream of commerce by Defendants without an adequate and/or conspicuous warning. 12. At all times relevant hereto, Defendant, Trafcon, knew of the existence of hazards associated with the use of Message Boards. 13. Based on information and belief, Defendant, marketed the Message Board without scientific testing for safety, durability and efficacy. 14. Based upon information and belief, Defendant, Trafcon, did not maintain comprehensive reporting systems for injuries associated with the use of the Message Board. As a result consumers and users were not provided with reliable information either about the benefits or the risks so that they may reach an informed decision about whether or not use these products. 15. Defendant, Trafcon, directly or indirectly, negligently and defectively manufactured, assembled, designed, labeled, supplied, marketed, advertised, and/or sold the Message Board in the Commonwealth of Pennsylvania. 16. Defendant had control of the design, assembly, packaging, marketing, advertising, manufacturing, labeling, promoting, distributing, and/or selling of the Message Board. 3 17. At all times material hereto, Defendant, Trafcon, new or should have known that the Message Board was dangerous and defective and failed to have a conspicuous warning label. 18. Although Defendant knew or should have known of the dangerous propensities, Defendant continued to allow and permit the product to be advertised, promoted, and sold without adequate warning of these dangerous propensities, and expected the Message Board to reach the consumer in the condition in which it was sold. 19. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board described herein, Plaintiff Nelson Laureano suffered grievous and life-threatening injuries including but not limited to the following: (a) Lumbar disc herniation; (b) Traumatic DJD of the right foot; (c) Radiculopathy, (d) Injuries to his back; (e) Neuropathy; (f) injuries to the nerves, tendons, bones, ligaments and joints; (g) physical trauma associated with and flowing from the above referenced injuries; (h) emotional and psychological trauma associated with and flowing from the above-referenced injuries; and (i) ongoing depression and disability. 20. As a result of the negligence of Defendant, Trafcon and the dangerous and defectively designed Message Board and the resultant injuries Plaintiff, Nelson Laureano, 4 has undergone a series of medical procedures, treatment and therapy; all to his great detriment and loss. 21. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano, has undergone emergency and follow-up hospitalization for treatment of his injuries and will continue to require periodic hospitalization for an indefinite period of time in the future, to his great detriment and loss. 22. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano, has undergone great pain and suffering, limitations of use of bodily movement and functions, limitation of the ability to pursue normal occupational and social activities as well as further manifestations of suffering, some or all of which are not yet apparent. 23. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano has required continued physical therapy, both at outpatient facilities and at home and will continue to require said therapy and rehabilitation for an indefinite period of time in the future, to his great detriment and loss. 24. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano, has suffered financial setbacks, including loss of income, due to lost time from employment which financial setbacks and income losses will continue for an indefinite period of time in the future, to their great detriment and loss. 5 COUNTI Nelson Laureano v. Defendant, Trafcon (Strict Liability) 25. Plaintiff incorporates by reference the allegations contained in paragraphs 1. through 24. as though the same were fully set forth herein. 26. Solely as a result of the defective and unreasonably dangerous design and manufacture of the product as set forth in this Civil Action, the Plaintiff has sustained and will sustain the injuries and damages set forth herein, and is therefore entitled to damages under the Restatement (Second) of Torts, section 402 A and 402 B. 27. At all times relevant hereto Defendant, Trafcon, designed, assembled, produced, manufactured, marketed, sold, and distributed the Message Board or were responsible for the manufacture and distribution thereof. 28. Defendant's Message Board contained design defects at the time it left said Defendants' control, which defects rendered said Message Board in an unreasonably dangerous, defective and unsafe condition at the time when it reached the Plaintiff. 29. Defendant's Message Board was sold and/or leased by Defendant, to Plaintiff s employer, in a defective condition, which condition created a danger to intended users thereof. 30. The Defendant's Message Board was designed, remodeled, rebuilt refurbished, assembled, manufactured and sold in a defective and dangerous manner in that it: a. Failed to contain durable and/or adequate weight bearing legs; b. Failed to contain a safety guard so as to prevent the aforesaid accident; c. Failed to contain instructions so that it could be used safely in a 6 reasonably foreseeable manner; d. Failed to contain adequate warnings; e. Failed to contain safety features in that it could not be used in a safe and reasonably foreseeable manner; f. Failed to contain adequate warning devices such as but not necessarily limited to, a lock or other device:; g. Failed to contain adequate packaging and brochures containing warnings on the product, and otherwise warning the Plaintiffs of further actions necessary on their part to insure the safety of the Message Board; and h. Failing to comply with various codes standards, regulations, statutes and industry norms; i. Failing to contain a conspicuous warning; 31. Plaintiff, Nelson Laureano, as an employee of Pennsylvania Turnpike Commission, was an intended user of the Message Board. 32. Plaintiff, Nelson Laureano, was injured while using the Message Board in a reasonable manner and for a purpose reasonably anticipated and foreseeable by Defendant. 33. The defective condition of the Message Board was the proximate cause of Plaintiffs' injuries and losses. 35. The defective condition of the Message Board was a substantial factor in causing Plaintiffs' injuries and losses. 36. As a result of the conditions and conduct hereinabove described Defendant, is strictly liable to Plaintiff for his injuries. 7 WHEREFORE, Plaintiff, Nelson Laureano, respectfully pray this Honorable Court to enter judgment in his favor, against Defendant, Trafcon, in an amount in excess of Fifty Thousand Dollars ($50,000.00) and requests compensatory damages from each. COUNT II Nelson Laureano v. Trafcon (Negligence) 37. Plaintiffs incorporate by reference the preceding allegations contained in paragraphs 1 through 36 as though the same were fully set forth herein at length. 38. Defendant Trafcon's Message Board, as described hereinabove, was negligently designed and manufactured, creating a foreseeable risk of injury to intended users. 39. Plaintiff was among the intended users of said Message Board. 40. Defendant, Trafcon, owed a duty of care to Plaintiff as he was an intended user of the Message Board. 41. Defendants, Trafcon, in assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board, failed to exercise appropriate care and apply reasonable measures to minimize or remove the dangers inherent in an apparatus of the Message Board's size and intended use. 42. The negligence of the Defendant, Trafcon, its agents, servants, designers, manufacturers, marketers and their successors and assigns, consisted of, inter alias (a) assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board without adequate weight bearing legs; (b) assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board without a safety guard so as to prevent the aforesaid accident; 8 (c) assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board that cannot be used in a reasonably foreseeable manner; (d) assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board without adequate safety devices; (e) assembling, refurbishing, manufacturing, rebuilding, marketing, selling distributing and packaging the Message Board without placing adequate and conspicuous warnings; (fj manufacturing the Message Board in noncompliance with and in violation of industry standards, regulations, statutes and industry custom and norms (g) failing to provide a manual and instructions with the defective and dangerous Message Board. (h) failing to supply safer designs even though they knew of the importance and necessity of the aforesaid designs; 43. As a result of the negligence of Defendant, Trafcon, Plaintiff suffered the injuries and losses described hereinabove. WHEREFORE Plaintiff, Nelson Laureano demands judgment against the Defendant, Trafcon, in an amount in excess of Fifty Thousand Dollars ($50,000.00), together with interest and costs. COUNT III Nelson Laureano v. Trafcon (Breach of Warranty) 44. Plaintiffs incorporate by reference the preceding allegations contained in paragraphs 1 through 43 as though the same were fully set forth herein at length. 45. Defendant, Trafcon, breached the implied warranty of merchantability and fitness for a particular purpose. 9 46. Defendant, Trafcon, breached the implied warranty of safety for intended use. WHEREFORE, Plaintiff respectfully pray this Honorable Court to enter judgment in his favor, against Defendant, Trafcon Industries, Inc. jointly, severally and/or singularly and seek direct and consequential damages from each company for breach of warranties. SAFFREN &WEINBERG By: ~-/i---~~ MARC A. WEINBERG, ESQUIRE Attorney for Plaintiff 10 VERIFICATION I, Marc A. Weinberg, Esquire, hereby certify that I am the attorney for plaintiffs herein and that the facts set forth in the foregoing pleading are correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 pertaining to unsworn falsifications to authorities. ~•~~~ Marc A. Weinberg, Esq. Attorney for Plaintiffs 11 ~: `.^ °' *.. 's. t C.~'~ =' Q,. f~ te.. I ..., ~ ta.< ~ ~ s= <r • `, Qi ~O N $~ ~V VJ t= V Q f-- Cl,• c`{'t .fir. • ~~IH~;H_i ,~' j'a,'I I'~Il:~l_i %'Jh~ ~'_~H:~f 'DAMS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 Attorney for Defendant (215) 732-3755 NELSON LAUREANO COURT OF COMMON PLEAS PHILADELPHIA COUNTY, v. PENNSYLVANIA _ . TRAFCON INDUSTRIES, INC. AUGUST TERM, 2008 - No. 2612 DEMAND FOR JURY TRIAL Defendant, Trafcon Industries, Inc., by and through its undersigned counsel, hereby demands a trial by jury in the above-captioned matter. Date: September 19, 2008 ROBERT S. DAMS Attorney for Defendant, Trafcon Industries, Inc. 'v'AL I LSAT I Otd DAMS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215) 732-3755 GATE: 0?/1?{0$ TIME: 04:?; TICKET NO: 3314G1 CASE H0: 0$0802612 TOTAL AMT: ~ 35d,~30 REGISTER: Register 1 202 CH CASHIER: PRM CUSTOMER: Gash walk-in custc~rfer Attorney for Defendant NELSON LAUREANO v. TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 ~~ ~ ~ ~, ~~ ~~_ ENTRY OF APPEARANCE A~ - ;_, TO THE PROTHONOTARY: ~ t ~~ Kindly enter my appearance as counsel for the defendant, Trafcon Industries, Inc:; in the i ti. above-captioned matter. ~@~~`~~ f~~ Date: September 19, 2008 ~ ~,~ ~ '~ `"~ A~ ~`-' ~~~`v OBERT S. DAMS ~~~~ Attorney for Defendant, Trafcon Industries, Inc. Laureano Vs Trafcon Industries Inc-ENAPP NIIIIIIIIIII AINIIIIIIIN . . NELSON LAUREANO v. TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 ORDER AND NOW, this day of , 2008, upon upon consideration of Defendant's Memorandum of Law in Support of Preliminary Objections to Plaintiffs' Civil Action Complaint, and any responses thereto, it is hereby ORDERED and DECREED that defendant's Preliminary Objections are sustained and that the Philadelphia Court of Common Pleas is not the proper venue for this action and this case is transferred to the Court of Common Pleas, Cumberland County, Pennsylvania. BY THE COURT: J. Laureano Vs Trafcon Industries Inc-PROBJ IIII III IIIIIII IIIIIIII III I II III 08080261200011 ~. DAMS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com ~QA'~'E ~,~~~ Attorney LD. No. 02752 ~,. Fourteenth Floor d~T 0 9 ZD~a - 1525 Locust Street > > - Philadelphia, PA 19102-3732 C~V~~AQ~~~~t~ttorney for Defendant '~; (215) 732-3755 NELSON LAUREANO COURT OF COMMON PLEAS PHILADELPHIA COUNTY, ~ ~~~^"~ v, PENNSYLVANIA SEP 2 2 2p08 TRAFCON INDUSTRIES, INC. AUGUST TERM, 2008 ~. NU~~ON No. 2612 PRELIMINARY OBJECTIONS OF DEFENDANT Defendant, Trafcon Industries, Inc. (Trafcon), by its attorney, Robert S. Davis, preliminarily objects to plaintiff's Civil Action (Complaint) as follows: Preliminary Objection Under Pa. RC.P. 1028(al(1) Question of Venue 1. On August 20, 2008 plaintiff filed his Complaint against defendant which were served on or about September 8, 2008. A copy of the Complaint is attached hereto marked Exhibit "A". 2. The Complaint asserts claims for damages based on an incident which occurred on August 21, 2006 on Interstate 476 South (Northeast Extension) in Pennsylvania, relative to which it is alleged that plaintiff was injured while working with a Message Board, a product allegedly manufactured by defendant. 1 ,` 3. Defendant is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 81 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, which does not "regularly conduct business in Philadelphia", as plaintiff alleges, for, in fact, defendant conducts no business in Philadelphia. 4. Pennsylvania Rule of Civil Procedure 2179(a) sets forth the standards for establishing venue in actions against corporations stating that an action may be brought against a corporation or similar entity "... in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; or (4) a county where the transaction or occurrence took place out of which the cause of action arose." 5. Under Pa. R. C. P. 2179(a) the only counties having proper venue over the instant action are Cumberland County where the defendant's principal office is located and the county (not stated in plaintiff s Complaint) where the alleged accident took place. 6. For all the reasons set forth above the proper venue for this cause of action is the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, defendant, Trafcon Industries, Inc., respectfully requests this action be ordered to be transferred to the Court of Common Pleas of Cumberland Coun nn lvania. Date: September 19, 2008 ROBERT S. DAMS Attorney for Defendant, Trafcon Industries, Inc. 2 DAVIS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215)732-3755 NELSON LAUREANO v. TRAFCON INDUSTRIES, INC. Attorney for Defendant COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFFS' CIVIL ACTION COMPLAINT Defendant, Trafcon Industries, Inc., by its attorney, Robert S. Davis, hereby submits this Memorandum of Law in Support of its Preliminary Objections: I. Matters Before the Court Defendant has filed Preliminary Objections in this matter raising a question of venue, seeking transfer of the case to the Court of Common Pleas, Cumberland County, where the corporate defendant has its principal place of business. A copy of plaintiffs' Complaint is attached hereto marked Exhibit "A" II. Statement of Questions Involved 1. Is venue proper in Philadelphia in a personal injury action arising out of incident which occurred in a county other than Philadelphia County, per Pa. R.C.P. 2179(a)(2), where the facts are that defendant 1 does not regularly conduct business in Philadelphia, given the fact that it has no customers in Philadelphia as is reflected in the attached Affidavit of its Chief Financial Officer (Exhibit "B"). Answer: No. III. Factual Summary As stated in the plaintiff's Complaint, the claims in this matter arise out of an incident which occurred on August 21, 2006 on Interstate 476 South (Northeast Extension) in Pennsylvania. As set forth in the Affidavit of John Williams, Chief Financial Officer, the corporate defendant, which is marked Exhibit "B", attached hereto and incorporated herein, the corporate defendant has no customers in Philadelphia. IV. Argument Preliminary Obiection Under Pa. R.C.P. 1028(al(1) Question of Venue It is well established that corporations have a constitutional right to seek a change of venue. Purcell v. Bryn Mawr Hospital, 525 Pa. 237; 579 A.2d 1282 (1990) citing Felts v. Delaware, Lackawanna and Western Railroad, et al, 195 Pa. 21, 45 A. 493 (1900). In this regard, a court's ruling will depend on the facts of the particular case and will not be disturbed if the decision is reasonable in light of the facts. Sunderland v. R.A. Barlow Homebuilders, 791 A.2d 384, 387 (Pa. Super. 2002); Masel v. Glassman, 456 Pa. Super. 41, 45, 689 A.2d 314, 316 (1997). Provided that the trial court's decision to transfer venue is a reasonable one in light of the record it will not be overturned. Monaco v. Montgomery Cab Co., 417 Pa. 135, 208 A.2d 252, 256 (Pa. 1965); Walker v. Ohio River 2 .~ Company, 416 Pa. 149, 205 A.2d 43 (1964). Cf. New v. Robinson-Howchin Optical Company, 357 Pa. 47, 49, 53 A.2d 79, 80 (1947). As for personal actions against a corporation or similar entity, Rule 2179(a) provides that these actions may be brought in and only in: (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; or (4) a county where a transaction or occurrence took place out of which the cause of action arose. In the instant case, subparagraphs (1), (3) and (4) are not at issue. Plaintiff asserts in the Complaint, rather, that Trafcon regularly conducts business in Philadelphia. The facts , as set forth in Exhibit "B", clearly demonstrate otherwise. To determine whether a corporation regularly conducts business in a particular county, a court must focus on the nature of the acts the corporation allegedly performs in that county, which must be assessed both as to their quantity and quality. Gale v. Mercy Catholic Medical Center Eastwick Inc., Fitzgerald Mercy Division, 698 A.2d 647, 651 (Pa. Super. 1997), app. denied, 552 Pa. 693, 716 A.2d 1249 (1998); Masel, supra; Mathues v. Tim-Bar Corp., 438 Pa.Super. 231, 234, 652 A.2d 349, 351(1994). Acts satisfying the "quality" test are those directly furthering or essential to corporate objects; they do not include incidental or collateral acts. Gale, supra; Battuello v. Camelback Ski Corp., 409 Pa. Super. 642, 598 A.2d 1027, 1029 (1991) 3 Acts satisfying the "quantity" test are those "so continuous and sufficient to be general or habitual." Gale, supra; Masel, 456 Pa. Super. at 46, 689 A.2d at 317. When the law briefly summarized herein is applied to the facts set forth above it is clear that venue is not proper in the Philadelphia Court of Common Pleas with respect to the claim against the corporate defendant. As the subject incident took place in a county other than Philadelphia County, Pennsylvania, the defendant moves for transfer of the matter to the Court of Common Pleas, Cumberland County. V. Conclusion For all of the foregoing reasons the defendant's Preliminary Objections should be sustained. Respectfully submitte ROBE S. DAMS Attorney for Defendant, Trafcon Industries, Inc. 4 VERIFICATION ROBERT S. DAMS, Attorney for the within named defendant, verifies that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief and that he is authorized to make this verification on behalf of the aforesaid party and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to all auth ities. i ~ Date: September 19, 2008 ROBERT S. DAMS CERTIFICATION OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the individuals indicated on the attached below by depositing a copy of same in the United States Mail, Philadelphia, Pennsylvania with First Class postage prepaid, which service satisfies the requirements of all applicable rules of civil procedure: Marc A. Weinberg, Esquire Saffren & Weinberg 815 Greenwood Avenue Suite 22 Jenkintown, PA 19046 Attorney for Plaintiff Date: Se tember 19, 2008 ~' '' P ROBERT S. DAMS Attorney for Defendant, Trafcon Industries, Inc. EXHIBIT "A" MAF2.C A. WEINBEI2C7,'L+'SQLJIR.E MAJOR NON-JtIR~ Attorney I.U. No: 60643 SAFFREN & WEINBERC~ Attonley for Plaintiff S15 Cireenwatrd Avenue Suite 22 J~ ~r J~enk:into~~vn, PA 19046 d~~e~~ X215) 576-0100 EAS NELSON LAUREANO AUG ~ 2Eif~FS CdURT OF COMMON PL 5435 Iiarrocks Street PHILADELPHIA COCINTY Philadelphia, PA 19124 L° BRYAIU~": TERM, 2008 Plaintiff, v. - NO. coN INDUSTI~ES, rNC. ~,UGUS`t 20{x: TRAF 81 Texaco Road ~ t.r~~~~ Mechanicsburg, PA 17050 Defendant. NOTICE Tn PLEAD Avlso NOTICE You have been sued in court. If you wish to defend againsf the claims set forth in the following pages, you must take ac.tic-n within twenty (20}days after this complaint and natiee are. served; by entering a written appearance personally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against you. Yoo are warned that if you fait to do sa 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 Haim or relief requested by plaintiff. You may lose money or property or other rights important to you. YOU SHL1iJLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DONUT HAVE A LAWYER OR CANNO'[' AFFORD ONE, GU TO OR TELEPHONE THE OFFICE SET FORTH BELO~v1r TO FIND QUT WHERE YOU CAN CET LEGAL HELP. PHIiLADELPHIA COCiNTY 13~AR ASSOCIATION Lawyer Reftcrral Service One Reading Center Philadelphia, PA 1.9103 {215} 238-(1300 Lt han de.mandado a usted en la torte. Si usted quiere defenderse de estas demandas exputstas en las pf<ginas sigaienics, usted tiene veinte (20) dins de plaro al partir de !a fecha de la demands y la notificaciGn. Hate faits asentar una comparencia escrita o en persona o con un abogado y entregar a la torte ea forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sta avisado que si usted no se defieade, la cortt tomari medidas y puede continuar la demands to contra soya sio previo aviso o notificaci6n. Ademds, la Corte puede. decidir a favor del demandsntt y requiere que usted cumpia con todas las provisiones de esta demands. LJsted puede perder dinero o sus propiedades o otros derechos importante pars ustcd. LLEVE ESTA DBMANDA A t1N ABODADO INMEDGITAMENTE. SI NO TIE,NE ABUGADU O SI NU TIENE EL DINERp SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA U L,LAME POR TEL~FONO A LA OFICINA CU~'A pIRECCibN SE E1+tCUEN'rRA ESCRITA A$A.IU PARA AVERIC:UA.R DUNDE SE F1lEDE CONSEGt1iK ASISTENCI.A LEGAL. ASOCIACION DE LICENCIADOS DE F1LAI1ELFlA Servieio De Referenda E Information Legal One Reading Center Philadelphia., PA 19107 Teletono: (215} 238-6300 SAFFR.EIY & WEINBERG 1VIA30R NON-JURY Marc A. Weinberg, Esquire Identification No. 60643 815 Greenwood. Avenue Suite 22 Jenkintown, PA 18046 (215)576-0100 ATTORNEY FOR PLAIN'T'IFFS NELSON LAUREANO : COURT OF COMMON PLEAS 5435 Horrocks Street PHILADELPHIA COUNTY Philadelphia, PA 191.24 TERM, 200$ Plaintiff, v. NO. TRAFCON INDUSTRIES, INC. - 81 'Texaco Road Mechanicsburg, PA 17050 Defendant. : CIVIL ACTION COMPLAINT 2P -Product Liability Plaintiff, Nelson Laureano, by and through. his Attorney, Marc A. Weinberg, Esquire, hereby file this Complaint against Defendant, Trafcon Industries, h1c., and in support thereof, avers as follows: P 1. Plaintiff, Nelson Laureano, is an ad~~lt individual residing at the above captioned address. 2. The Defendant, Trafcon Industries (hereinafter Trafcon) is a corporation and/or other business enfity, doing business in Philadelphia County, Pennsylvania, by designing, assembling, producing, manufacturing, rnarkcting, selling, and distributing message boards and other traffic contra]. praclucts to the citizens of and to the C'ommanweal.th of Pennsylvania. Defendant, Trafcon, is a duly licensed Corporation with its principal business az~d mailing address located at 81 Texaco Road in lvleclaanicsburg, PA. 3. At all times relevant hereto, Defendant, Trafcon, conducted business in Philadelphia County and maintained business contacts in Philadelphia County, C.omnaonweal.th ofPennsylvania. FACTUAL BACKGROUND 4. At all times relevant hereto, Defendant, Trafcon, marketed, manufactured, designed, fabricated, modified, assembled. tested and otherwise placed into the stream of commerce an Early Warning Sign/ Message Board (hereinafter referred to as .the "Message Board"). 5. At all times relevant hereto, Defendant, Trafcon, sold and delivered said Message $oaa•d to the Pennsylvania Turnpike Commission. 6. At all times relevant hereto, Trafcon, was engaged in 'the business of designing, manufacturing, distributing, marketing, advertising, selling; supplying and otherwise placing Message Boards and traffic control products into the stream of commerce including the general. public and political subdivisions. 7, At all times relevant hereto Plaintiff was employed by the Perulsylvania Turnpike Commission as an Operator 1. ~. On August 21, 2046, Plaintiff was assigned to place the aforedescribed Message Board on the side of Interstate 476 South (Northeast Extension), '9, Oz1 said date while Plaintiff, was cranking the Message Board in a reasonable and foreseeable manner, the front ]eg ofthe message board snapped and broke, causing the Message Baard to fall and came into violent contact with the Plaintiff 1(a. Un the date anti. tirn.e of the accident described herei.nabove, 1'la.intiff believed he was operating the Message Baard in a safe manner and was not aware of any hazards associated with his use of the Message Board. 11. At all times relevant hereto the Message Board was manufactured, distributed, marketed, advertised, said, supplied and otherwise placed. into the stream of commerce by Defendants without an adequate antl/ar conspicuous warning. 12. At all times relevant hereto, Defendant, Trafcon, knew of the existence of hazards associated with the use of Message Boards. 13. $ased an information. and belief, Defendant, marketed the Message Board without scientific testing for safety, durability and efficacy. 14. Based upon information and belief, Defendant, Trafcon, did not maintain comprehensive reporting systems for injuries associated with. the use of the Message Baard. As a result consumers and users were not provided with reliable information either about the benefits or the risks so that they may reach an informed decision about whether or not use these products. 15. Defendant, Trafcon, directly or indirectly, negligently and. defectively manufactured, assembled, designed, labeled, supplied, marketed, advertised, and/or sold the Message Board in the ~ornmonwealth of Pennsylvania. 1.6. Defendant had control of the design, assembly,, packaging, marketing, advertising, manufacturing, labeling, promoting, distributing, andlor selling of the Message Board. 17. At all times material hereto, Eefendant, "1''I'afL'075, new or should have known that the Message Board was dangerous and. defective anal failed to have a conspicuous warning label. 1 g. Although Defendant knew or should have known of the dangerous propensities, Defendant continued to allow and permit the product to be advertised, promoted, anal sold without adequate warning of these dangerous propensities, and expected the Message Board to reach the consumer in the condition in which it was sold. 19. As a result of the negligence of Defendant and the dangerous and defectively designed. Message Board described herein, Plaintiff Nelson Laureano suffered grievous and life-threatening injuries including but not limited to the following: (a} Lumbar disc herniation; (b} Traumatic DJD of the right foot; (c} Radiculopathy, (d} Xn}uries to his back; (e} Neuropathy; (f) injuries to the nerves, tendons, banes, ligaments and joints; (g) physical trauma associated with and flowing from the above referenced injuries; (h} emotional and psychological trauma associated with and flowing from the above-refexenced injuries; and (i) ongoing depression and disability. 2U. As a result of th.e negligence of Defendant, Trafcon and the dangerous and defectively designied Message Board and the resultant injuries Plaintiff, Nelson L,aureano, has undergone a series of medical procedures, treatment. anal therapy; all to his great detriment and lass. 21. Asa :result of tlZe negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Flaintiff, Nelson Laureano, has undergone emergency and follow~up hospitalization far. treatment of his injuries and will continue to require periodic hospitalization for an indefinite period of time in the future, to his great detriment and loss. 22. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano, has undergone great pain and suffering, 1amitations of use of bodily movement and functions, limitation of the ability to pursue normal occupational and social activities as well as further manifestations of suffering, some or all of which are not yet apparent. 23. As a result of the negligence of Defendant and the dangerous and defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano has required. continued physical therapy, both at outpatient facilities and at home and will continue to require said therapy and rehabilitation for an indefnite period of time in. the fixture, to his great detriment and. Loss. 24. As a result of the negligence of Defendant and the dangerous anal defectively designed Message Board and resultant injuries Plaintiff, Nelson Laureano, has suffered financial setbacks, including loss of income, due to lost time from employment which financial setbacks and income losses will continue fox an indefinite period of time in the future, to their Beat detriment and loss. CUUNTI Nelson Laureano v. Defendant, Trafcon (Strict Liability) 25. 1?laintif"f incorporates by reference the allegations contained in paragraphs 1.. through 24. as though the same were fully set forth herein. 26. Solely as a result of the defective and unreasonably dangerous design anal manufacture of the product as sea forth. in this Civil Action., the Plaintiff has sustained and will sustain the in;~uries and damages set forth herein, and is therefore entitled to damages under the Restatement (Second.) of Torts, section 402 A and 402 B. 27. At all times relevant hereto Defendant, Trafcan, desigmed, assembled, produced, manufactured, marketed, sold, and distributed fhe Message Board or were responsible for the manufacture and distribution thereof. 28. Defendant's Message Board contained design defects at the time it left said Defendants' control, which defects rendered said Message Board in an unreasonably dangerous, defective and unsafe condition at the time when it reached the Plaintiff. 29. Defendant's Message Board was sold and/or leased by Defendant, to Plaintiff s employer, in a defective condition, which condition created a danger to intended users thereof. 30. The Defendant.'s 1Vlessage Board was designed, remodeled, rebuilt refurbished, assembled, manufactured and sold in a defective and dangerous manner in that it: a. Failed to contain durable and/or adequate weight bearing legs; b. 1~ailed to contain a safety guard so as to prevent the aforesaid. accident; c. Failed to contain instructions so that it could be used safely in a :reasonably foreseeable manner; d. Failed to contain. adequate wa.t~ings; e. Failed to contain safety features in that it could not be used in a safe and reasonably foreseeable manner; f. Failed to contain adequate warning devices such. as but not necessarily limited to, a lock or other devise:; g. Failed to contain adequate packaging and brochures containing warnings on the product, and otherwise warning tike Plaintiffs of further actions necessary on their part to insure the safety of the Message Board; and h. Failing to comply with various codes standards, regulations, statutes and industry norms; i. Failing to contain a conspicuous warning; 31. Plaintiff, Nelson Laureano, as an employee of Pennsylvania Turnpike Gornmission, was an intended user of the Message Board. 32. Plaintiff, Nelson Laureano, was injured while using the Message Board in a reasonable manner and for a purpose reasonably anticipated anal foreseeable by Defendant. 33. The defective condition of the Message Board was the proximate cause of Plaintiffs' injuries and losses. 35. The defective condition of the Message Board was a substantial factor in causing Plaintiffs' injuries and losses. 3C~. As a result of the conditions anal conduct hereinabove described Defendant, is strictly liable to Plaintiff for his injuries. W~I~IER.EFC~RE, Plaintiff, Nelson Laureano, respcctful]y laray this H:o~yorable Court to enter jx.idgr~lent in his favor, against ~Defend.ant,1"rafcan, in an amount in excess of Fifty Th.ou.sand Dollars (~SO,C?OQ.UO) and requests compensatar.y damages from each. COQ Nelson Laureano v. Trafcon (Negligence} 37. Plaintiffs incorporate by reference the preceding allegations contained in paragraphs 1 through 36 as though the same were fully set forth herein at length. 38. Defendant T'rafcon's Message Board, as described hereinabove, was negligently designed and manufactured, creating a foreseeable risk of injury to intended users. 39. Plaintiff was among the intended users of said Message Board. 40. Defendant, Trafcon, owed a duty of care to Plaintiff as he was an intended user of the Message Board. 41. Defendants, Trafcon, in assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board, failed to exercise appropriate care and apply reasonable measures to minimize or remove the dangers inherent in an apparatus of the Message Board's size and intended use. 42. The negligence of the Defendant, Trafcon, its agents, servants, designers, manufacturers, marketers and their successors and assigns, consisted of, inter olio: (a) assembling, refurbishing, manufacturing, rebuilding, marketing, selling anal distributing of the Message Board without adequate weight bearing legs; (b) assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board without a safety guard so as to prevent the aforesaid accident; (c) assembling, refurbishing, manufactliri.ng, rebuilding, marketing, selling and distributing of the Message Board that cannot be used in a reasonably foreseeable n~aimer; (d) assembling, refurbishing, manufacturing, rebuilding, marketing, selling and distributing of the Message Board without adequate safety devices; (e) assembling, refurbishing, manufacturing, rebuilding, marketing, selling distributing and packaging the Message Board without placing adequate anal conspicuous warnings; (f) manufacturing the Message Board in noncompliance with and in violation of industry standards, regulations, statutes and industry custom and norms (g) failing to provide a manual and instructions with the defective and dangerous Message Board. {h) failing to supply safer designs even though they knew of the importance and necessity ofthe aforesaid designs; 43. As a result of the negligence of Defendant, Trafcon, Plaintiff suffered the injuries and losses described hereinabove, WHEREFORE Plaintiff, Nelson. Laureano demands judgment against the Defendant, Trafcon, in an amount in excess of Fifly Thousand Dollars ($50,000.00), together with interest and costs. COUNT T)C>t Nelson Laureano v. Trafcon (Breach of Warranty) 44. Plaintiffs incorporate by reference the preceding allegations contained in paragn-aphs 1 through 43 as though the same were fully set forth herein at Length. 45. Defendant, Trafcon., breached the implied warranty of merchantability and. fitness far a particular. purpose. 4G. Defendant, rI'rafcon, breached the impli,ecl warranty of safety far intended use, WHEREFQRE, Plaintiff respectfully pray this Honar:able Court. to enter judgment in his favor, against Defendant, Tra.fcon Industries, Inc:. jainfly, severally and/or singularly and seek direct and consequential damages from each company for breach of wan: antics. SA.FFI.tEN & WEINBERG ~~/~~P Ey: --- MARL A. WE ERG, ESQUIRE Attorney far Plaintiff VERIFICATION I, :Marc A. Weinberg, Esquire, hereby certify that 1 any the attorney for plaintiffs herein and that the facts set Earth in the foregoing pleading are correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of I8 Pa. C.S. § 49Q4 pertaining to unsworn falsifications to authorities. i~'~'~ _ d.- Marc A. Weinberg, Esq. Attorney for Plaintiffs EXHIBIT "B" DAVL5, PARRY & 'TYLER By: Robezt S. Davis Email: rsdavis~dpt-law.con~ Attorney I.A. No. 42752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 x(215) 732-3755 NELSON LAUREANO v. TRA.FCON INDUSTRZE5, INC. x-~ %JC, s `;~QMMONWEALTH OF PENNSYLVANIA . - SS ...COUNTY Ok' CU1v1BERLAND COURT OF CO1~dMON PLEAS PHII,ADELPI~IA COUNTY, PENNSYLV.~4NIA A.UGU'ST TI?RM, 2008 No. 2612 ,AFFIDAVIT OF JOAN WILDIAl-'Il.~ I, John Williams, being duly sworn according to 1a w verify that I am Cbief Financial O~EEcer Svvom to and subscribed :$e~'ore me this ~ ~ day ~ ~ C ,,.E-~~,,,,~,,~ , 200 8. Hof T.rafcon ~dustries, inc. and that Trafcon Industries, Inc. has no eustorlaers in the City of Philadelphia. JO WILLIA.MS -~~, No Public COMMOPfw~Ar_TH of PEN-YSYLVANI/a Notaliat SeRI Cv~~h!) M. Stte~tf, Nc~ry Pablic Silver Spring ~ wp.. Cumberland Couniy My Comrnis~ia~ E~irEC, Oct. 26, ~(t20 >< . . ~ Attozx~ey for Defe:r~dant MPmb~f, ~cn^:,;~,~cnia !~? :.~c:a!~an al Vote!lo.. _ _r~~-rr~ ~.~,~. ~ ..:,~ 2Q08 1J V~ .. DAMS, PARRY & TYLER ~ ~ ~ ~~° ~ i ~~ ~ By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney LD. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 Attorney for Defendant (215) 732-3755 NELSON LAUREANO v. COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA TRAFCON INDUSTRIES, INC. AUGUST TERM, 2008 No. 2612 PRAECIPE TO SUBSTITUTE AFFIDAVIT TO THE PROTHONOTARY: Kindly substitute the attached original Affidavit of John Williams, for the facsimile version of same on the Preliminary Objections of Defendant previously filed in this matter. ;.- .., • ~ 2008 ~` ~ Date. September 26, ROBERT S. DAMS Attorney for Defendant r DAVIS, PARRY & TYLER By: Robert 5. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215) 732-3755 Attorney for Defendant NELSON LAUREANO v. TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA AUGUST TERM, 2008 No. 2612 AFFIDAVIT OF JOHN WILLIAMS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, John Williams, being duly sworn according to la w verify that I am Chief Financial Officer of Trafcon Industries, Inc. and that Trafcon Industries, Inc. has no customers in the City of Philadelphia. Sworn to and subscribed Before me this ~ ~ day of ~$~}-~.~ , 2008. No Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cathy M. Sheriff, Notary Pubfic Silver Spring Tvap., Cumberland County My Commission Expiras Oct. 26, 2010 JO WILLIAMS Member, Pen~syi4a~iia ~r!~soc'aUon of Notrarloe PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET FOR COURT USE ONLY ASSIGNED TO JUDGE: ANSWER/RESPONSEbATE: Do not send Judge courtesy copy ofPetition/Motion/Answer/Response. I Status may be obtained online at http://courts.phila.gov NELSON LAUREANO CONTROL NUMBER: 096658 (RESPONDING PARTIES MUST INCLUDE THIS NUMBER ON ALL FILINGS) AUGUST TERM Tern1 2008 Month Year No. 2612 Name of FiUng Party: NELSON LAUREANO vs. (Check one ~ ^ Defendant ^ Plaintiff TRAFCON INDUSTRIES, INC. (Check one) ^ Movant ~ Respondent INDICATE NATURE OFDOCUMENTFILED• Has another petition/motion been decided in this case? ^ Yes Q No . Is another petition/motion pending'? ^ Yes ^/ No ^ Petition (Attach Rule to Show Cause) ^ Motion tf the nnswer to either question it yes, you must identify the judge(s): ® Answer to Petition ^ Response to Motion TYPE OF PETITION/MOTION (see list on reverse side) PETITION/MOTION CODE (see fist on reverse side) Plaintiffs Response to Defendant's Preliminary Objections DPROB I. CASE PROGRAM Is this case in the (answer all questions): A. COMMERCE PROGRAM Name of Judicial Team Leader: Applicable Petition/Motion Deadline: Has deadline been previously extended by the Court? ^ Yes ^ No B. DAY FORWARD/MAJOR JURY PROGRAM -Year Name of Judicial Team Leader: Applicable Petition/Motion Deadline: Has deadline been previously extended by the Court? ^ Yes ^ No C. NON JURY PROGRAM Date Listed: Waiting to list for Status Conf. ll. ARBITRATION PROGRAM Arbitration Date: E. ARBITRATION APPEAL PROGRAM Date Listed: F. OTHER PROGRAM: Date Listed: IiI. OTHER Laureano Vs Trafcon Industries Inc-MTANS tlIIIIIIIIIGI bI~IgINNtlI ry c~ i- L~ r-') ~~ -~ c. .) v t3y titmg this document and signing below, the moving party certifies that this motion, petition, answer or response along with all documents filed, will be served upon all counsel and unrepresented parties as required by Hiles of Court (see PA. R.C.P. 206.6, Note to 208.2(a), and 440). Furthermore, movin party verifies that the answers made herein are true and correct and understands that sanctions may be imposed for inaccurate or incomplete answ r . /~ +l 1 ~ Q ~~ RICHARD A. WOLFE 78944 (Attorney Sig afore/Unrepresented Pa (Date) (Print Name) (Attorney /. D. No.) The Petition, Motion and Answer or Response, if any, will be forwarded to the Court after the Answer/Response Date. No extension of the Answer/Response Date will be granted even if the parties so stipulate. 30-1061 (Rev. 4/04) II. PARTIES (Name, address and telephone number of all counsel of record and unrepresented parties. Attach a stamped addressed envelope for each attorney of record and unrepresented party.) Robert S. Davis, Esquire DAVIS, PARRY & TYLER Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 215.732.3755 Richard Wolfe, Esquire Marc A. Weinberg, Esquire 815 Greenwood Avenue, Suite 22 Jenkintown, PA 19046 (215) 576-0100 NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC COURT OF COMMON PLEAS PHILADELPHIA COUNTY AUGUST TERM, 2008 NO. 2612 ORDER AND NOW, this day of , 2008, upon consideration of the Preliminary Objections of Defendant, Trafcon Industries, Inc. and Plaintiff, Nelson Laureano's, Response thereto, it is hereby ORDERED and DECREED that Defendant's Preliminary Objections are OVERRULED without prejudice. IT IS FURTHER ORDERED that Defendant's Corporate Designee shall appear for deposition on the factual issues raised in Defendants' Preliminary Objections within thirty (30) days from the date of this Order. BY THE COURT: J. RICHARD A. WOLFE, ESQUIRE Attorney I.D. No: 78944 SAFFREN & WEINBERG 815 Greenwood Avenue, Suite 22 Jenkintown, PA 19046 (215) 576-0100 Attorney for Plaintiff MAJOR JURY N1/LSUN LAUREANO COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. TRAFCON INDUSTRIES, INC AUGUST TERM, 2008 NO. 2612 PLAINTIFF'S RESPONSE TO THE PRELIMINARY OBJECTIONS OF DEFENDANT TRAFCON INDUSTRIES. INC. Plaintiff, Nelson Laureano, by and through his counsel Richard A. Wolfe, Esquire, hereby files this Response to the Preliminary Objections of the Defendant, Trafcon Industries, Inc. to Plaintiff's Complaint pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1) and in support thereof state as follows: 1. Admitted. 2. Admitted in part and denied in part. Plaintiff s Complaint is a writing that speaks for itself, Defendant's characterization and summarization thereof is denied. It is admitted that this is a product liability case. 3. Denied. It is based upon information and belief that Defendant, Trafcon, conducted business in Philadelphia County and maintained business contacts in Philadelphia County, Commonwealth of Pennsylvania. See. Plaintiff's Complaint at paragraph 3. 4. Admitted. 5. Denied. It is believed and therefore averred that Defendant, Trafcon Industries, at all times relevant hereto has and continues to regularly conduct business and maintain business contacts in the City and County of Philadelphia, Commonwealth of Pennsylvania. Venue is proper in Philadelphia County. Pa.R.C.P. 2179 specifically provides that a personal action against a corporation or similar entity may be brought in and only a county where it regularly conducts business. 6. Denied. It is believed and therefore averred that Defendant, Trafcon Industries Inc., at all times relevant hereto has and continues to regularly conduct business and maintain business contacts in the City and County of Philadelphia, Commonwealth of Pennsylvania. In reviewing preliminary objections the Court must accept all material facts set forth in the Complaint as well as all inferences reasonably deducible therefrom as true. See, Muhammad v. Strassburger, 526 Pa. 541, 547, 587 A.2d 1346, 1349, cert. denied, 502 U.S. 867, 112 S.Ct. 196, 116 L.Ed.2d 156 (1991). Plaintiffls Complaint states, "It is believed and therefore averred that Defendant, Trafcon Industries, Inc., at all times relevant hereto has and continues to regularly conduct business and maintain business contacts in the City and County of Philadelphia, Commonwealth of Pennsylvania." See, Plaintiff's Complaint at paragraph 3. Plaintiff respectfully requests this Honorable Court enter an Order in the form attached overruling Defendant's Preliminary Objections without prejudice so that a factual record can be created as to the fact issues manifested by Defendant's Preliminary Objections. V~HEREFORE, Plaintiff, Nelson Laureano, respectfully request this Honorable Court overrule the Preliminary Objections and dismiss the Preliminary Objections of Defendant, Trafcon Industries, Inc. SAFFREN & WEINBERG By: __ Ric d Wolfe, Esq. Attorney for Plaintiffs Dated: October 8, 2008 RICHARD A. WOLFE, ESQUIRE Attorney I.D. No: 78944 MAJOR JURY SAFFREN & WEINBERG 815 Greenwood Avenue, Suite 22 Jenkintown, PA 19046 (215) 576-0100 Attorney for Plaintiff NELSON LAUREANO :COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. AUGUST TERM, 2008 TRAFCON INDUSTRIES, INC. : NO. 2612 PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS I. MATTER BEFORE THE COURT Plaintiff, Nelson Laureano, Responds to the Preliminarily Objections of the Defendant, Trafcon Industries, Inc.. (hereinafter Defendant and/or Trafcon). II. STATEMENT OF QUESTION INVOLVED Are Defendant's Preliminary Objections on the basis of venue improper when the Defendant has not yet produced its corporate designee for deposition to testify as to the fact issues raised by the Preliminary Objections? Proposed Answer: Yes. III. FACTS The instant matter arises out of an incident which occurred on August 21, 2006 on Interstate 476 South in Pennsylvania. At that time Plaintiff, an employee of the Pennsylvania Turnpike Commission was assigned to place a message board manufactured by the defendant on the side of the highway. At that time, while Plaintiff was "cranking" the IWlessage Board in a reasonable and foreseeable manner, the front leg of the message board snapped and broke, causing the message board to fall and come into violent contact with Mr. Laureano. See, Plaintiffs Complaint at paragraphs 4, 7, 8 & 9 et seq.. II. PERTINENT PROCEDURAL HISTORY Plaintiff filed a Complaint against Defendant, on August 20, 2008. On September 19, 2008 Defendant, Interstate, filed Preliminary Objections seeking to transfer this matter based upon the claim of improper venue. III. LEGAL ARGUMENT Pa.R.C.P. 2179 specifically provides that a personal action against a corporation or similar entity may be brought in and only a county where it regularly conducts business. See, Pa.R.C.P. 2179 et seq. In reviewing preliminary objections the Court must accept all material facts set forth in the Complaint as well as all inferences reasonably deducible therefrom as true. See, Muhammad v. Strassburger, 526 Pa. 541, 547, 587 A.2d 1346, 1349, cert. denied, 502 U.S. 867, 112 S.Ct. 196, 116 L.Ed.2d 156 (1991). Plaintiff s Complaint states, "It is believed and therefore averred that Defendant, Trafcon, conducted business and maintained business contacts in the City and County of Philadelphia, Commonwealth of Pennsylvania." See, Plaintiff's Complaint at paragraph 3. Venue is proper in Philadelphia County. As stated hereinabove, Plaintiff seeks to create a record on this issue by way of deposition of the Defendant's Corporate Designee. Defendant has produced a one line affidavit stating that Trafcon has no customers in the City of Philadelphia. Defendant ought not be able to raise fact issues in a vacuum without subjecting its affiant to cross-examination. Furthermore, the Supreme Court of our Commonwealth held in Cheeseman v. •Lethal Exterminator, 549 Pa. 200 at 214, 701 A.2d 156 at 162 (1997), that defendants have a significant burden of proof which requires evidence that the choice of forum of the plaintiff is oppressive or vexatious. The Defendant herein, has failed to meet the significant burden outlined by Cheeseman. To date, Defendant has not adequately demonstrated that it andlor its co-Defendant, does not conduct business in Philadelphia County or that the forum in Philadelphia County is oppressive or vexatious to them. IV. CONCLUSION For the foregoing reasons Plaintiff respectfully requests this Honorable Court overrule the Preliminary Objections of the Defendant. Respectfully submitted, SAFFREN & WEINBERG By: 'ch o fe, Esq. Attorney for Plaintiffs Dated: October 8, 2008 RICHARD A. WOLFE, ESQUIRE Attorney I.D. No: 78944 MAJOR JURY SAFFREN & WEINBERG 815 Greenwood Avenue, Suite 22 Jenkintown, PA 19046 (215) 576-0100 Attorney for Plaintiff NELSON LAUREANO :COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. AUGUST TERM, 2008 TRAFCON INDUSTRIES, INC. : NO. 2612 CERTIFICATE OF SERVICE Richard A. Wolfe, Esquire hereby certifies that he caused a copy of Plaintiff's Response to Preliminary Objections, to be forwarded to the following parties by the United States Postal Service, First Class Mail, postage prepaid addressed as follows: Robert S. Davis, Esquire DAMS, PARRY & TYLER Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 By: char A. lfe, Esq. Attorney for Plaintiff Dated: 10.8.08 VERIFICATION RICHARD A. WOLFE, hereby states that he is the attorney for Plaintiff in this matter and verifies that the statements made in the foregoing Response to Preliminary Objections are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. CHARD . WO E Date: ~ ~ ~ ~a ("l r°y c-' { ~' _w7 '~ ~`~ .. ..f[:... ~ ~ ~y ~J ~.~ p :, ,. ~ _... ~i7 ~~ i 1 f ` ~~ . i`~ fY~ ~ 4 ..tom IN THE COURT OF CO ~ DISTRICT OF PEr1NS~YLV ~ ACOUNTY FIRST JUDICI CIVIL TRIAL DIVISION Nelson Laureano Plaintiff v. Trafcon Industries, Inc. Defendant August Term 2008 No. 2612 Motion Control No. 096658 O_ AND NOW, this 16~' day of October, 2008, it is hereby ORDERED and DECREED that the Parties shall have thirty (30) days from the date of this Order to conduct limited discovery on the subject of Venue. Thereafter, the Parties shall have ten (10) days to file their Memoranda of Law. BY THE COURT, J~ , f . ABRAMSON, J. DOCKETED HOWLAND W CGT 2 0 20'~S L ~,~~ ~ Y ~~ COPIES SENT ~, ,. , PURSUANT TO Pa.R.C.P. 236(b) OCT 1 6 2008 Laureano Vs Trafcon Ind-ORDER uiiiiiiiiiNi uimiiiMma FIRSTJUDICIAL DISTRICT F PA USER I.D.: ~~ ~~ ~ ~ ~ N ~~ C~ ~ ~ w `ri _ ~ ~ r-r-t ,~,, tV r ~ 3 . ~ ,~ 1 ~ =T" '~ P'V ~~ ~ T'T"; '~ ~a r ~ G, "'~' ~ • DAMS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215) 732-3755 Attorney for Defendant NELSON LAUREANO v. TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-247 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of John Williams, for the Verification of Robert S. Davis that was attached to the Answer and New Matter of the defendant, Trafcon Industries, Inc., which has been previously filed of record. Date: August 6, 2009 ,--. ROBERT S. DAMS Attorney for Defendant VERIFICATION I, Jd~ ~ ~ 1 ~ ~ 1 ~ ~ , being an authorized representative of Trafcon Industries, Inc. hereby state that Trafcon Industries, Inc. is a defendant in this action and verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date. ~~~' ~i~f_,- _ ._~ L~~~ rw~v i ~ fit; =;~ r~ '~ ,m~-~. DAMS, PARRY & TYLER By: Robert S. Davis Email: rsdavis@dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 (215) 732-3755 Attorney for Defendant NELSON LAUREANO v. TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-247 CERTIFICATION OF SERVICE I hereby certify that I am this day serving a copy of the Order of Court signed by the Honorable J. Wesley Oler, Jr. dated September 15, 2009 upon the individual indicated below by depositing a copy of same in the United States Mail, Philadelphia, Pennsylvania with First Class postage prepaid, which service satisfies the requirements of all applicable rules of civil procedure: Richard A. Wolfe, Esquire Saffren & Weinberg 815 Greenwood Avenue Suite 22 Jenkintown, PA 19046 Attorney for Plaintiff ~ ~~ j l ~ ~ ~ ^ ~~. ~ ~ cep. Date: September 21, 2009 ~~.1~' ROBERT S. DAMS Attorney for Defendant, Trafcon Industries, Inc. ~~.~c__F ~ :., i{ ;L_ 2 ~ ~ ., i. i" ~ ~ ~' is ~ ~ . t, ,,-, LJiwt~, .; ~;'~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~°un~r ~f ~uvn~i~r~~r~~ ~~~ ' ~' r; C~F'~ SCE r ~ '`~E ~~!'ERIF>` {~t^ ~ tr # ; - V ~V~1~~ vi,,~~ ~, ,~J~' 1' ._Y: _;, ~ Nelson Laureano Case Number vs. Pennsylvania Turnpike Commission (et al.) 2009-247 SHERIFF'S RETURN OF SERVICE 06/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pennsylvania Turnpike Commission, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Notice, Consent to Entry Upon Property and Inspection Pursuant to Pa.R.C.P. 4009.31 and 4009.33, Order and Motion according to law. 06/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pennsylvania Office of Attorney General, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Notice, Consent to Entry Upon Property and Inspection Pursuant to Pa.R.C.P. 4009.31 and 4009.33, Order and Motion according to law. 07/02/2010 Dauphin County Return: And now July 2, 2010 at 1031 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice, Consent to Entry Upon Property and Inspection Pursuant to Pa.R.C.P. 4009.31 and 4009.33, Order and Motion, upon the within named defendant, to wit: The Pennsylvania Office of Attorney General by making known unto Marisa Wirfel, Receptionist for The Pennsylvania Office of Attorney General at 16th Floor, Strawberry Square, Harrisburg, PA 17120 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/02/2010 Dauphin County Return: And now July 2, 2010 at 1359 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice, Consent to Entry Upon Property and Inspection Pursuant to Pa.R.C.P. 4009.31 and 4009.33, Order and Motion, upon the within named defendant, to wit: The Pennsylvania Turnpike Commission by making known unto Lynn Feeman, Assistant Chief Counsel for The Pennsylvania Turnpike Commission at 700 S. Eisenhower Boulevard, Middletown, PA 17057 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 July 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !c) CouniySuito Shenff. TeleoSOR U`c. Mary Jane Snyder Real Estate Depu ~~ William T. Tully • solicitor Dauphin County Harrisburg, Pennsylvania 17]01 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania NELSON LAUREANO VS County of Dauphin PENNSYLVANIA OFFICE OF ATTORNEY GENERAL Sheriff s Return No. 2010-T-2258 OTHER COUNTY N0.2009247 And now: JULY 2, 2010 at 10:31:00 AM served the within MOTION upon PENNSYLVANIA OFFICE OF ATTORNEY GENERAL by personally handing to MARISA WIRFEL 1 true attested copy of the original MOTION and making known to him/her the contents thereof at 16TH FLOOR, STRAWBERRY SQUARE HBG PA 17120 RECEPTIONIST Sworn and subscribed to So Answers, before me this 6TH day of July, 2010 ~~i~~~ ~~ NOTARIAL SEAL RY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex ices Set 1, 2910 Sheriff of Dauphin County, Pa. ~ BY (\(1 ~ . A 1. Deputy Sheriff j Deputy: G MILLER Sheriffs Costs: $66.5 7/1/2010 Mary Jane Snyder Real Estate Depu : •_•; . t,~ William T. Tully f solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania NELSON LAUREANO VS County of Dauphin PENNSYLVANIA OFFICE OF ATTORNEY GENERAL Sheriff s Return No. 2010-T-2258 OTHER COUNTY N0.2009247 And now: JULY 2, 2010 at 1:59:00 PM served the within MOTION upon PENNSYLVANIA TURNPIKE COMMISSION by personally handing to LYNN FEEMAN 1 true attested copy of the original MOTION and making known to him/her the contents thereof at 700 S. EISENHOWER BOULEVARD MIDDLETOWN PA 17057 ASSISTANT CHIEF COUNSEL Sworn and subscribed to So Answers, before me this 6TH day of July, 2010 ~~,~~~ NOTARIAL SEAL RY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex fires Set 1 2010 Sheriff of Dauphin County, Pa. ` BY a (~ ~ . A l Deputy Sheriff ` Deputy: G MILLER v Sheriffs Costs: $66.5 7/1/2010 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. pRIGiNAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 N 41 r 11 CL7 fv> f vl [ "1 i` .0 rr1 t t'a €" J ''`7 i? MCS on behalf of ROBERT S. DAVIS, ESQ. , t:J C) certifies that -t? CD p'"' ? tV I'*'t (1) A notice of intent to serve the subpoena with a copy of the?pbpiwna - :71 attached thereto was mailed or delivered to each party at leaAt twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/07/2010 /S/ Poled S 2avie, en. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166536 30216-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INSERVCO INSURANCE SERVICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. Inc.. 160.1 Market Street. Suite 800. Philadelnhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together withthecertiftoate 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-.. OO* the-documents or things required by this subpoena within twenty (20) days,affter 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: ROBERT S. DAVIS, E ADDRESS: 1525 LOCUST STREF. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR " Defendant K rSEP -0 7'2010 BY THE URT: / VA? Protho Jerk, C it Division Date: $83110 Deputy Seal of the Court 30216-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INSERVCO INSURANCE SERVICE P.O. BOX 3899 HARRISBURG, PA 171053899 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ALL WORKER'S COMPENSATION FILES OF PA TURNPIKE COMMISSIONS'S EMPLOYEE, NELSON LAUREANO, INCLUDING BUT NOT LIMITED TO THOSE FILES PERTAINING TO INJURIES RECEIVED WHILE IN THE COURSE.OF SCOPE OF HIS EMPLOYMENT, INCLUDING COPIES OF ALL REPORTS.OF PHYSICIANS AND ANY OTHER MEDICAL PROVIDERS AND COPIES OF REPORTS OF ALL INDEPENDENT' MEDICAL EXAMINATIONS OBTAINED BY OR ON BEHALF OF THE PA TURNPIKE COMMISSION,' AS WELL AS ALL OTHER PAPERS, DOCUMENTS AND WRITINGS OF EVERYDESCRIPTION PERTAINING TO ALL SUCH WORKER'S COMPENSATION FILES, INCLUDING BUT NOT LIMITED TO NOTES OF TESTIMONY OF EVERY PERSON WHO HASTESTIFIED IN ANY CAPACITY AND IN ANY FORUM RELATIVE TO ANY SUCH WORKER'S COMPENSATION CLAIMS, Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860812 30216-L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of /S/ K??jjo1ert J. 2avi. esq.. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166539 30216-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO ]PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMPSERVLCES INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following **** documents or things: ****S EE ATTACHED RIDER at The MCS Group, Inc.. 601 Market SD=L Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the .certificate;,of compliance, to the party making this request at the address listed above. You have the right to seek, in:advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days. after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS. ES ADDRESS: 1525 LOCUST STREET TELEPHONE: (1? 5) 246-0900 SUPREME COURT ID ATTORNEY FOR Defendant !SEP 0 7 2010 Date: Seal of the Court BY THE COURT: Protho Jerk, ivil Division Deputy 30216-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMPSERVICES INC. 2505 N. FRONT STREET HARRISBURG, PA 17110 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ALL WORKER'S COMPENSATION FILES OF PA TURNPIKE COMMISSIONS'S EMPLOYEE, NELSON LAUREANO, INCLUDING BUT NOT LIMITED TO THOSE FILES PERTAINING TO INJURIES RECEIVED WHILE IN THE COURSE OF SCOPE OF HIS EMPLOYMENT, INCLUDING COPIES OF ALL REPORTS OF PHYSICIANS AND ANY OTHER MEDICAL PROVIDERS AND COPIES OF REPORTS OF ALL INDEPENDENT MEDICAL EXAMINATIONS OBTAINED BY OR ON BEHALF OF THE PA TURNPIKE COMMISSION, AS WELL AS ALL OTHER PAPERS, DOCUMENTS AND WRITINGS OF EVERY DESCRIPTION PERTAINING TO ALL SUCH WORKER'S COMPENSATION FILES, INCLUDING BUT NOT LIMITED TO NOTES OF TESTIMONY OF EVERY PERSON WHO HASTESTIFIED IN ANY CAPACITY AND IN ANY FORUM RELATIVE TO ANY SUCH WORKER'S COMPENSATION CLAIMS, Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860814 30216-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf offc? /S/ Kober S. 2avis, en. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DEII-1166542 30216-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. KEVIN CHAVARRIA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with-the certiificawof compliance, to the party making this request at the address listed above. You have the right to seek, in adv"oe; 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: ROBERT S. DAVIS. E ADDRESS: 1525 LOCUST STREE TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FORT Defendant SEP07210 Date: Seal of the Court BY THE COURT: Prothon Jerk, ivil Division Deputy 30216-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. KEVIN CHAVARRIA 4911 FRANKFORD AVENUE PHILADELPHIA, PA 19124 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN, REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject :,NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 !.33 133-H SU10-0860816 30216-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ Kolert S 2avij, 61. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166545 30216-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. SOPHIA LAM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Cu=, Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver of mail legible copies of the documents or produce things requested by this subpoena, together with the cent fcatc?of compliance, to the patty 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: ROBERT S. DAVIS. ES ADDRESS: 1525 LOCUST STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TTACOURT: (SEP_ 0 7 2010 Prothonotary/Clerk, ivil Division Date: 8A410 Deputy Seal of the Court 30216-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. SOPH IA LAM ONE ABINGTON PLAZA STE-140 DENKINTOWN, PA 19046 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN, REPORTS OR RECORDS OF, OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. subject : 24EWON LAURRANO .5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 33 133-H SU10-0860818 30216-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ /?obert S' 2avij, e6 a.. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166548 30216-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. TO: Custodian of Records for MOSS REHAB HOSP/AEMC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIPER at The MCS,Croce, Inc., 1601 Market StrL, Suite 800, Philade hi PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate,of compliance, to the 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: ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUST STREET '14XH FLOOR PHILADELPHIA , PA 19102 TELEPHONE: (Z15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE 9QIJRT: Prothono erk, Ci it Division SEP 07 2010 Date: Deputy 8/oZ?3/!O Seal of the Court 30216-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOSS REHAB HOSP/AEMC MEDICAL RECORDS 60 E. TOWNSHIP LINE ELKINS PARK. RA 19027 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANY TYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANY DESCRIPTION PRESCRIBED AND PHYSICAL THERAPY RECORDS. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 33 133-H SU10-0860820 30216-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of /s/ A Ol ert 2avi3, e4g. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166551 30216-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOSS REHAB HOSP.AEMC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS C'aM. Inc., 1601 Market Street, Suite 800, Philadejpbia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificateof 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: ROBERT S. D ADDRESS: 1525 LOCUST TELEPHONE: (2.15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 Date: !9 f °Z311D Seal of the Court BY THE J Prothonotary Cl rk, Civil ion Deputy 30216-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOSS REHAB HOSP.AEMC BILLING DEPT. 60 E. TOWNSHIP LINE ELKINS PARK. PA 19027 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Rcquested:,.up to.and including the present. Subject NELSON LA-URENO 5435 HOMOCKS STREET, PHILADELPHIA, PA 19124 Social Security .#: 183-56-2026 Date of Birth: 06-08-1963 33 133-H SU10-0860822 30216-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS - CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ Poled S. 2avid, eia ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166555 30216-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247-- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOSS REHAB HOSPIAFMC (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: * * * * SE ATTACHED RIDER * * * * at The MCS Groun Inc., 1601 Market StreCL Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it-' THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS. E ADDRESS: 1525 LOCUST STREI TELEPHONE: ( - 215,) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant' SEP 0 7 2010 Date: SLa3/l0 Seal of the Court BY THE URT: Prothonotary/Clerk, Civil Division Deputy 30216-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOSS REHAB HOSP/AEMC RADIOLOGY DEPARTMENT 60 E.TOWNSHIP LINE ELKINS PARK, PA 19027 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI AND CT SCANS FILMS. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAURZANO 8435 HORROCRS'STREET, PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860824 30216-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ /<oLrt S. 2avi3, C3g. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166557 30216-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA OPEN MRI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The M CS Group Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,.. to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: . ROBERT S. DAVI ADDRESS: 1525 LOCUST STl TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 Date: 8/0231(0 Seal of the Court BY THE J Prothonotary/Clerk, Civil Division Deputy 30216-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA OPEN MRI 6579 ROOSEVELT BOULEVARD PHILADELPHIA, PA 19149 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS AND SPECIFICALLY INCLUDING THEFOLLOWING FILMS 11/6/06 LUMBAR SPINE AND 11/1/06 RIGHT FOOT AND RIGHT ANKLE. Dates Requested: up to and including the present. Subject NELSON LAIIREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 1.33 133-H SUIO-0860826 30216-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ Poled S. 2avij, edq. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166560 30216-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TOPRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR GOURI ATRI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street Suite 800, PhHadelphia, PA 19103 You may deliver or main 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: ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUST STREET 14TH FLOOR PHii.AD PI IA,, PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 Date: a.Lagh0 Seal of the Court BY THE Prothonotary/Clerk, Cif I Division Deputy 30216-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. GOURI ATRI CONCENTRA 2010 LEVICK STREET PHILADELPHIA, PA 19149 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRIZTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION-PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested.- up to and including the present. Subject z NELSON LAUREAN0 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 33 133-H SUlG-0860828 30216-LO9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf offc? /S/ Pobort S. 2avi.4, 6a. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166563 30216-L10 Comm ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247 TO: Custodian of Records for NORTHEAST IMAGING (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: * * * * EE ATTACHED RIDER * * * * at The MCS CM M, Inc., 1601 M et fit, Suite SOO hilade4 hi . PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUSTSTREET 14TH FLOOR PHTi.AD ..PHIA. PA 19102 TELEPHONE:. (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 Date: a 3 10 Seal of the Court BY THE OURT. Prothon /Clerk, Ci 1 Division Deputy 30216-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NORTHEAST IMAGING 8001 ROOSEVELT BLVD. SUITE 104 PHILADELPHIA, PA 19152 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDBSCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject :,NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social security #: XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SUIO-0860830 30216-LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of /S/ Poled S. 2avi3, e6j. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166566 30216-Lll COIyIlVIONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ' TO: Custodian of Records for DR. DAVID ANDERSON (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS fj=p. Inc,, 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. ADDRESS: _ 1525-LOCE TELEPHONE: (215.) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 8 7 2" Date: 8A5110 Seal of the Court BY THEUR Prothonotary/C erk, Civi Division Deputy 30216-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID ANDERSON 2630 HOLME AVENUE SUITE 200 PHILADELPHIA, PA 19152 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject NELSON LAUREANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 .Social Security #:.XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860832 30216-L11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ Kobert S. 2avij, ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166569 30216-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS.* TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DAVID BOSACCO MD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following - - documents or things:._ * * * * SEE ATTACHED RIDER**** at The MCS Co= Inc , 1601 Market Street Suite 800- Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested b3 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: ROBERT S. DAVIS. ES ADDRESS: 1525 LOCUST STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP- 0 7 2010f BY THE COUfRT: 1 Protho /Clerk, vil Division B/oZ3?l o Deputy Date: ---r Seal of the Court 30216-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID BOSACCO, MD TWO BALA PLAZA SUITE 600 BALA CYNWYD, PA 19004 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN, REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION-PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject IULSON LAUREANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social' Security #: XXX-XX-2026 Date of `Birth: 06-08-1963 2.33 133-H SU10-0860834 30216-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf of /S/ KolertS. 2avi9, e3j. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166572 30216-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MONTGOMERY HOSPITAL - - (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The K .CS GroUp, J=.. 1601 Market Street, Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. - i 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: ROBERT S. DAVIS. ES ADDRESS: 1525 LOCUST STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant tSEP .0.7 2010 Date: Seal of the Court BY THE CO T- Prothonotary Clerk, Ci Division Deputy 30216-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MONTGOMERY HOSPITAL MEDICAL RECORDS 1301 POWELL STREET NORRISTOWN, PA 19404 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO IN/OUTPATIENT RECORDS, ALL TEST REPORTS AND RESULTS, REPORTS AND RECORDS OF ALL OTHER MEDICAL PROVIDERS OF ANY TYPE, NOTATION OF ALL DRUGS AND THERAPY OF ANY DESCRIPTION PRESCRIBED AND ALL DIAGNOSTIC TEST RESULTS. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical.reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 :2.33 133-H SU10-0860836 30216-L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf offc? /S/ /?ojert S 2avis, 61. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166575 30216-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 vs. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MONTGOMERY HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group, Inc., 1601 Market Street Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificateipf 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: ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUST STREET .14TH FLOOR PHILADELPHIA- PA 19102 TELEPHONE: (2 t,5) 246-0900 SUPREME COURT D #: ATTORNEY FOR: Defendant SEP 0 7 2010 BY THE CQ- URT: Prothonotary/Clerk, Civi Division Date: 8144L Deputy Seal of the Court 30216-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MONTGOMERY HOSPITAL BILLING DEPT. 1301 POWELL STREET NORRISTOWN, PA 19401 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : NELSON.LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860838 30216-L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of /S/ Pobert S 2avie, e4q. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166578 30216-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 vs. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MONTGOMERY HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MC4.Crmp- Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver,,oar 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: _ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUST STREET '141H FLOOR PHILADELPHIA PA 19102 TELEPHONE: ,f 5; 1 ,00 SUPREME COURT ID #: ATTORNEY FOR: , Defendant SET d 7 2010. BY THE C Prothonotary/Clerk, Civil Division Date: $La& Deputy Seal of the Court 30216-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MONTGOMERY HOSPITAL RADIOLOGY DEPT. 1301 POWELL STREET NORRISTOWN. PA 19401 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI AND CT SCAN FILMS. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAURSANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: XXx-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860840 30216-L15 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NELSON LAUREANO COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of /S/ Poled S. 2avii, e3i. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166581 30216-L16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247- TO: Custodian of Records for ROTHMAN INSTITUTE LEGAL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED-RIDER **** at The MCS Groun. inc__ 1601. Market CtrPpt R11itA Rrin PhilaA.I. is PA IQ 1 M 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: ROBERT S DAVIS O ADDRESS: 1525 LOC T T F T - 14TH FLOOR PEMADEL.PHIA, PA 19102 TELEPHONE: (15) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant SEP 0 7- 2010 BY THE CO Prothonotary/ erk, ivil Di ision Deputy Date: R?9R f Seal of the Court 30216-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROTHMAN INSTITUTE LEGAL DEPT 925 CHESTNUT STREET 5TH FLOOR PHILADELPHIA, PA 19107 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject : NELSON LAURBANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 .2.33 133-H SU10-0860842 30216-L16 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ /<obert S. 2avij, ejq. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166584 30216-L17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE` DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BARRY SCHNALL, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS CraM, inc., 1601 Marl= Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA, WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. D ADDRESS: 1525 LOCUST TELEPHONE: (215 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP. 0 7 2010 Date: $Laaho Seal of the Court BYTHEC Prothonotary/Clerk, Civil Division Deputy 30216-17 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BARRY SCHNALL, M.D. 1610 THE FAIRWAY SUITE 111 JENKINTOWN, PA 19046 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE,:ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435"HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SU10-0860844 30216-L17 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of /S/ Poled S. 2avi.4, ej?j. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166587 30216-L18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NICHOLAS D AMQND, D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER **** at TheMCS?cr=_ Inc., 1.601 Market Stream Suite 800 Philadelphia. PA 19103 You may deliver or mail :legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, ESQ. ADDRESS: 1525 I STREET 14TH FLOOR -PHILADELPHIA , ?A 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 BY THE URT: . 0 - Prothono !Clerk, Civi ivision Date: Deputy 8 ?? R ?lD Seal of the Court 30216-18 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NICHOLAS DIAMOND, D.O. 8080 OLD YORK RD. SUITE 208 ELKINS PARK, PA 19027 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of.$150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN' FILMS. Dates Requested: up.to and including the present. Subject : NELSON LAUREANO .5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #i XXX-XX-2026 Date of Birth: 06-08-1963 .2.33 133-H SU10-0860846 30216-L18 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf of / S J K obert S. 2avi3, ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166590 30216-L19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-2+47 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INFORMED DIAGNOSTICS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Sui_0, Philadelphia. FA 19103 You may deliver or wail 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: ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUST STREET 14TH FLOOR PHIL EL.PH A, PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR`. Defendant SEP 0 7 2010 BY THE CO TD vision Date: 810 Seal of the Court Deputy 30216-19 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INFORMED DIAGNOSTICS 2600 PHILMONT AVENUE SUITE 118 HUNTINGDON VALLEY, PA 19006 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HAUMMITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 2.33 133-H SUIO-0860848 30216-L19 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS on behalf offc? /s/ Kobed S. 2avid, C41. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166593 30216-L20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ HORIZON HEALTH CARE CONSULTANT (Name of Person or Entity) Within twenty (20), days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED R MER * * * * at The Ml`S Groun Inc.. 1601 Market Street,. 'quite 800'Ph41adelpbla, PA 19103 You may deliver or ma1114ble copies of the documents or produce things requested by this subpoena, together with the certificate of compce,-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: ADDRESS: TELEPHONE: (215) 246-000 SUPREME COURT ID ATTORNEY FOR: Defendant SEP 0 7 2010 Date: 8/°73 Jl p Seal of the Court BY THE COURT: oi?? Prothono lerk, Civil ivision Deputy 30216-20 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HORIZON HEALTH CARE CONSULTANT 3000 VALLEY FORGE CIRCLE SUITE 3750 KING OF PRUSSIA, PA 19406 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS Dates Requeated: up to and including the present. Subject : IMSON.. LAUREMO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 social security #: XXX-XX-2026 Date of Birth: 06-08-1963 :2.33 133-H SU10-0860850 30216-L20 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf of /S/ /<obert S 2avi3, 64. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166596 30216-L21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO V& TRAFCON INDUSTRIES, INC. File No. 2009-247- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ DR RUS ON (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATT RIDER ACHED **** at _ The MC4 Group Inc 1601 M allot Street Suite 800, Philadelphia. PA 19103 You may deliver of mail legible copies of the documents or produce things requested by this subpoena, together with the certificate Hof 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: ROBERT S DAVIS ESO ADDRESS: 1525 LOCUST STREET 14TH FLOOR PTiTI.AT)F.T.PHTA. PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 Date: 8?.23/IO Seal of the Court BY THE C T- Prothonotary/Clerk, Civi Division Deputy 30216-21 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RUSHTON 800 SPRUCE STREET PHILADELPHIA, PA 19107 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject :,NELSON LAURRANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social'-Security #: XXX-XX-2026 Date of Birth: 06-08-1963 .2.33 133-H SU10-0860852 30216-L21 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS - CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf offc? /S/ Kobert 2avii, eili. ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166599 30216-L22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOBILE FCE CONSULTANTS, I,LC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MC4 Croup Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate-of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, E ADDRESS: 1525 LOCUST STREE TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR. Defendant SEP 0 7 2010 BY THE C T Prothonotary/Clerk, Civil Division Deputy Date: 8 a?3?[D Seal of the Court i 30216-22 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOBILE FCE CONSULTANTS, LLC 2211 QUARRY DRIVE SUITE E67 READING, PA 19609 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN, REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS.. Dates.Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-SX-2026 Date of Birth: 06-08-1963 2.33 233-H SU10-0860854 30216-L22 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/07/2010 MCS o//nn? behalf of /S/ Kobert S. 2avi6, ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT R1.97S 116-H DE11-1166602 30216-L23 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247- VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHO SPORT REHABILITATION (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER **** at The MCS CY_rplip, Inc.. 1601 Market Street_ Suite 800- Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: R ADDRESS: E TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 0 7 2010 Date: 8?0?3 /?(7 Seal of the Court BY TTEEL. Prothono /Clerk, t ilDivision Deputy 30216-23 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO SPORT REHABILITATION 1 W MAIN STREET P.O. BOX 26836 TRAPPE, PA 19426 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO ALL OFFICE NOTES BOTH TYPED & HANDWRITTEN,REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANYTYPE, ALL TEST REPORTS AND RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANYDESCRIPTION PRESCRIBED, MRI AND CT SCAN FILMS. Dates Requested: up to and including the present. Subject NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 .33 133-H SU10-0860856 30216-L23 r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF : NELSON LAUREANO COURT OF COMMON.PLEAS TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. C7 o As a prerequisite to service of a subpoena for documents and things T;*u'gt =-n to Rule 4009.22 X;0 ?C -Orn <p a30 -4a r-M XCD 3 MCS on behalf of ROBERT S. DAVIS, ESQ. N > certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/05/2010 MCS on behalf offj? /S/ Pobert J, 2avi3. e3 ROBERT S. DAVIS ESQ. Attorney for EFE ,r / i R1.97S 133-H DE11-1184907 30216-L24 % COUNTY OF CUMBERLAND TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 2009-247 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. RICHARD BAND KENNETH WISEMAN, M.D MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD WOLFE, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT S. DAVIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/14/2010 MCS on behalf of ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT IN THE MATTER OF: COMMONWEALTH OF PENNSYLVANIA NELSON LAUREANO -VS- CC: ROBERT S. DAVIS, ESQ. - RICHARD WOLFE, ESQ. SAFFREN & WEINBERG 815 GREENWOOD AVENUE SUITE 22 JENKINTOWN, PA 19046 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.97S 133-H D1102-0719799 30216-CO1 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 408912 TO: Custodian of Records for _ DR. RICHARD BAND (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Gmup_ Inc- 1601 Market Street. Suite 800_ Philadelphia, PA 19103 You may, Oliver or mail. legible copies of the documents or produce things requested by this subpoena, together with the'cerfifica#e of compliance, to the party making this request at the address liste&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:. ROBERT S. DAMS. ESQ. A!15DRESS: 1525 LOCUST STREET 14TH FIMR PHILADELPHIA. PA 19102 ItLEPHONE (,' 151246-0900 S I 1NE COURT ID M ATTORNEY FOR: Defendant B O T: ono /Clerk, C' it DiIvtsion Deputy 30216-24 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD BAND MUSCLE BONE & JOINT CTR. 3110 GRANT AVE. PHILADELPHIA. PA 19114 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TYPED & HANDWRITTEN OFFICE NOTES, STATEMENTS OF ACCOUNTS, REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANY TYPE, TEST REPORTS & RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANY DESCRIPTION PRESCRIBED, MRI'S AND CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records,.correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAURRANO 5435 HORROCKS STRBET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 R1.97S 133-H SU10-0869862 30216-L24 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/05/2010 /S/ PoLrt s. cj ROBERT S. DAVIS, SQ. Attorney for D, R1.97S 133-H DE11-1184911 30216-L25 ?'r a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian.of Records for KENNETH WISEMAN, M.D. (Name of Person or Entity) 'within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M CS .rip. Inc._ 1601 Market Street Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested; by this subpoena, together with the certificate Hof compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of pre . , paring the copies or producing the things sought. f6l u 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: 30216-25 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KENNETH WISEMAN, M.D. 1216 E. HUNTING PARK AVE. SUITE 1 PHILADELPHIA, PA 19124 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING TYPED & HANDWRITTEN OFFICE NOTES, STATEMENTS OF ACCOUNT, REPORTS OR RECORDS OF OTHER DOCTORS, HOSPITALS OR MEDICAL PROVIDERS OF ANY TYPE, TEST REPORTS & RESULTS, NOTATION OF ALL DRUGS, THERAPY OF ANY DESCRIPTION PRESCRIBED, MRI'S AND CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records,, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCXS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 1.97s 133-H SU10-0869864 30216-L25 ,'`, IN THE MATTER OF: NELSON LAUREANO CERTIFICATE 0 PREREQUISITE TO SERVICE OF A SUBPOENA A? PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TRAFCON INDUSTRIES, INC. TERM, CUMBERLAND CASE NO: 2009-247 C _cS -11 As a prerequisite to service of a subpoena for documents and things uq'g to Rule 4009.22 rrn C*1 M- ?D w a=? MCS on behalf of ROBERT S. DAVIS, ESQ. W C--)C-) 1 certifies that --1 rv 01 (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/17/2010 MCS o//nn/ behalf offc? /S/ f<obed S. 2avi? ROBERT S. DAB3s', SQ. Attorney 1,6r DXWNDAN R1.97S 133-H DE11-1191667 30216-L26 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 2009-247 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA BUREAU OF WORKERS COMP. INSURANCE PA TURNPIKE COMMISSION HR DEPT EMPLOYMENT TO: RICHARD WOLFE, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT S. DAVIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/26/2010 MCS on behalf of ROBERT S. DAVI ES . Attorney for EFEDP Pdc CC: ROBERT S. DAVIS, ESQ. THE MCS GROUP INC. RICHARD WOLFE, ESQ. 1601 MARKET STREET SAFFREN & WEINBERG #800 815 GREENWOOD AVE. PHILADELPHIA, PA 19103 SUITE 22 (215) 246-0900 JENKINTOWN, PA 19046 R1.97S 133-H DE02-0724413 30216-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 Vs. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA BUREAU OE WORKERS COME (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Groin Inc 1601 Market Street Suite 800 adey hil P 14103 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. i w If.' you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, thie 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: ROBERT S. DAVIS, ESO. ADDRESS: „1525 LOCUST STREET 14TH FLOOR PHILADELPHIA, PA 19102 ` t,UPHONE:'71.x) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: t?v LL Prothonotary/Cl r C'vil Division ,. uty 30216-26 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA BUREAU OF WORKERS COMP. 1171 S. CAMERON STREET ROOM 109-RECORDS HARRISBURG, PA 17104 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ALL WORKER'S COMPENSATION FILES OF PENNSYLVANIA TURNPIKE COMMISSION'S EMPLOYEE, NELSON LAUREANO, 5435 HORROCKS STREET, PHILADELPHIA, PA 19124, SS 183-56-2026, DOB: 6/8/63, INCLUDING BUT NOT LIMITEDTO THOSE FILES PERTAINING TO INJURIES AT ANY TIME WHILE IN THE COURSE OF SCOPEOF HIS EMPLOYMENT WITH THE PENNSYLVANIA TURNPIKE COMMISSION, AND SPECIFICALLY INCLUDING BUT NOT LIMITED TO ALL FILES RELATING TO INJURES RECEIVED ON 8/21/06 AND 10/24/06, INCLUDING COPIES OF ALL REPORTS OF PHYSICIANS AND ANY OTHER. MEDICAL PROVIDERS AND COPIES OF REPORTS OF ALL INDEPENDENT MEDICAL EXAMINATIONS OBTAINED BY OR ON BEHALF OF THE BUREAU OF WORKERS' COMPENSATION OR PENNSYLVANIA TURNPIKE COMMISSION, AS WELL AS ALL OTHER PAPERS, DOCUMENTS AND WRITINGS OF EVERY DESCRIPTION PERTAINING TO ALL SUCH WORKER'S COMPENSATIONFILES, INCLUDING BUT NOT LIMITED TO NOTES OF TESTIMONY OF EVERY PERSON WHO HASTESTIFIED IN ANY CAPACITY AND IN ANY FORUM RELATIVE TO ANY SUCH WORKER'S COMPENSATION CLAIMS INCLUDING ORAL DEPOSITIONS AS WELL AS COMPLETE COPIES F ANY DOCUMENTS REFERENCED DURING SAID TESTIMONY AND/OR INDENTIFIED AS EXHIBITSAND/OR ENTERD INTO EVIDENCE. Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 Date of Loss: 08/21/2006 Rl. 97S 133-H SU10-0871790 30216-L26 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/17/2010 MCS on behalf of /S/ Alert S_ 2avi.4 ROBERT S. DAVIS, ESQ Attorney for D ND7 R1.97S 133-H DE11-1191669 30216-L27 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA TURNPIKE COMMISSIQN HR DEPT (Name of Person or Entity) Within twenty, (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** ATTACHED RIDER **** at 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:.. ROBERT S. DAVIS. ESQ. ADDRESS: 1525 LOCUST STREET 14TH FLOOR P LA ELPHIA_ PA 19102 'i&PI~IONE X2L51 46-0900 PR'E1vIE COURT ID #: A-RNEY FOR: Defendant BY THE COURT: Prothonotary/Cl rk, C'vil Division Ddputy 30216-27 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA TURNPIKE COMMISSION HR DEPT 700 S. EISENHOWER BLVD MIDDLETON, PA 17057 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO WORKMEN'S COMPENSATION, DISABILITY, DISMISSAL AND PERFORMANCE REVIEW RECORDS DURING ANY AND ALL PERIODS OF TIME DURING WHICH NELSON-LAUREANO WAS AN EMPLOYEE OF YOUR AGENCY/ ENTITY. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #% XXX-XX-2026 Date of Birth: 06-08-1963 R1.97S 133-H SU10-0871792 30216-L27 . I ' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ?161!N,4i PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 r".1 ?rn r=_ MCS on behalf of ROBERT S. DAVIS, ESQ. r--Ze ' certifies that > w (1) A notice of intent to serve the subpoena with a copy of the4ubpen? attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/17/2010 MCS o//nn/ behalf offc? /S/ Koiert S. 2avi9, e3q. ROBERT S. DAVIS. ESQ-. Attorney f EFENDANV G R1.97S 133-H DEll-1191670 30216-L27 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO VS. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records forPA TURNPIKE COMMISSION HR DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at _ The MCS Groun_ Inc._ 1601 Market Street- Suite R00 PhilatlPinhia PA 191 Al 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:, ROBERT S. DAVIS. ESO. ADDRESS: 1525 LOCUSTSTREET 14TH FLOOR ? P ICI LA i2F,LPHIA. PA 19102 I'L ,EPHONE °:X215) 246-0900 9VI kEtVIE COURT ID A3" I'ORNEY `FOR: Defendant BY THE COURT: I Prothonotary/Cl rk, "Al Division t .. ::. uty 30216-27 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA TURNPIKE COMMISSION HR DEPT 700 S. EISENHOWER BLVD MIDDLETON, PA 17057 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING BUT NOT LIMITED TO WORKMEN'S COMPENSATION, DISABILITY, DISMISSAL AND PERFORMANCE REVIEW RECORDS DURING ANY AND ALL PERIODS OF TIME DURING WHICH NELSON LAUREANO WAS AN EMPLOYEE OF YOUR AGENCY/ ENTITY. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCKS STREET, PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 R1.97S 133-H SU10-0871792 30216-L27 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pl!5?3uant M" to Rule 4009.22 C-13 ' r ; VJ c--) I `II cn O C:' ? MCS on behalf of ROBERT S. DAVIS, ESQ. `O certifies that °r y w. (1) A notice of intent to serve the subpoena with a copy of the subpoena: attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/17/2010 R1.97S 133-H MCS o//nn? behalf of /S/ /?oLd S. 2ayi4 e. . ROBERT S . DAVIS ""ts Attorney for FE DE11-1191666 30216-L26 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 2009-247 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PA BUREAU OF WORKERS COMP. INSURANCE PA TURNPIKE COMMISSION HR DEPT EMPLOYMENT TO: RICHARD WOLFE, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT S. DAVIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/26/2010 MCS on behalf of ROBERT S. DAVIS, ESQ. Attorney for DEFENDANT CC: ROBERT S. DAVIS, ESQ. - RICHARD WOLFE, ESQ. SAFFREN & WEINBERG 815 GREENWOOD AVE. SUITE 22 JENKINTOWN, PA 19046 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.97S 133-H DE02-0724414 30216-CO1 1 - 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO File No. 2009-247 Vs. i. TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T9: Custodian of Records for PA BUREAU OF WORKERS COMP. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The M j=_ lnc._ 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may.deliveror 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 ypu ,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: ROBERT S. DAVIS. ESO. ADDRESS: 525 LOCUST STREET 14TH FLOOR PHILADELPHIA- PA 19102 TELEPHONE: (215) 246-0900 SUPREME` COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 30216-26 V EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA BUREAU OF WORKERS COMP. 1171 S. CAMERON STREET ROOM 109-RECORDS HARRISBURG, PA 17104 RE: 30216 NELSON LAUREANO Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ALL WORKER'S COMPENSATION FILES OF PENNSYLVANIA TURNPIKE COMMISSION'S EMPLOYEE, NELSON LAUREANO, 5435 HORROCKS STREET, PHILADELPHIA, PA 19124, SS 183-56-2026, DOB: 6/8/63, INCLUDING BUT NOT LIMITEDTO THOSE FILES PERTAINING TO INJURIES AT ANY TIME WHILE IN THE COURSE OF SCOPEOF HIS EMPLOYMENT WITH THE PENNSYLVANIA TURNPIKE COMMISSION, AND SPECIFICALLY INCLUDING BUT NOT LIMITED TO ALL FILES RELATING TO INJURES RECEIVED ON 8/21/06 AND 10/24/06, INCLUDING COPIES OF ALL REPORTS OF PHYSICIANS AND ANY OTHER. MEDICAL PROVIDERS AND COPIES OF REPORTS OF ALL INDEPENDENT MEDICAL EXAMINATIONS OBTAINED BY OR ON BEHALF OF THE BUREAU OF WORKERS' COMPENSATION OR PENNSYLVANIA TURNPIKE COMMISSION, AS WELL AS ALL OTHER PAPERS, DOCUMENTS AND WRITINGS OF EVERY DESCRIPTION PERTAINING TO ALL SUCH WORKER'S COMPENSATIONFILES, INCLUDING BUT NOT LIMITED TO NOTES OF TESTIMONY OF EVERY PERSON WHO HASTESTIFIED IN ANY CAPACITY AND IN ANY FORUM RELATIVE TO ANY SUCH WORKER'S COMPENSATION CLAIMS INCLUDING ORAL DEPOSITIONS AS WELL AS COMPLETE COPIES F ANY DOCUMENTS REFERENCED DURING SAID TESTIMONY AND/OR INDENTIFIED AS EXHIBITSAND/OR ENTERD INTO EVIDENCE. Dates Requested: up to and including the present. Subject : NELSON LAUREANO 5435 HORROCRS STREET, PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 Date of Loss: 08/21/2006 R1.97S 133-H SU10-0871790 30216-L26 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENORIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2009-247 0-0 As a prerequisite to service of a subpoena for documents and things p95& arl= to Rule 4009.22 r. ? U 1 tJ ?. y,. = Fz ci ft x t MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/12/2011 MCS o??nn? behalf of /S/ /<obert S. C' ROBERT S. D S, Attorney DEF MCS # 30216-L29 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 2009-247 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ABINGTON HEALTH LANSDALE HOSP. MEDICAL RECORDS ABINGTON HEALTH LANSDALE HOSP. BILLING ONLY ABINGTON HEALTH LANSDALE HOSP. X-RAY ONLY TO: RICHARD WOLFE, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT S. DAVIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/20/2011 MCS on behalf of ROBERT S. D IS Attorne r D CC: ROBERT S. DAVIS, ESQ. _ /G THE MCS GROUP INC. RICHARD WOLFE, ESQ. 1601 MARKET STREET SAFFREN & WEINBERG 4800 815 GREENWOOD AVE. PHILADELPHIA, PA 19103 SUITE 22 (215) 246-0900 JENKINTOWN, PA 19046 MCS ## 30216-COI nFO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ ABINGTON HEALTH LANSDALE HOSP. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Grouo Inc 1601 Market Street Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, ESQ. ADDRESS: 1525 LOCUST STREET 14TH FLOOR PHILADELPHIA. PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 12 2011 BY THE COURT: 11 z )"I"ql onotary erk, Civil Division Deputy d-O Date: /? Seal of the Court 30216-29 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ABINGTON HEALTH LANSDALE HOSP. MEDICAL RECORDS DEPT. 100 MED. CAMPUS DR. LANSDALE, PA 19446 RE: MCS # 30216-L29 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescript-ion records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Include er, in/outpatient, all other medical providers of any type, notation of all drugs Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-L29 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/12/2011 MCS o//nn? behalf of /S/ Poled S. c ROBERT S. DAVIS-r Attorney r DEF e MCS # 30216-L30 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. File No. 2009-247 TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ARINGTON HEALTH LAN DALE HO P (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Mark t Q-- Cnita 00 Philad lpbia PA 1910 t 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: ROBERT S. DAVIS ESQ ADDRESS: 1525 LO .I1ST T FFT 14TH FLOOR PHILAD 11:UA, PA 19102 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: JUL 12 2011 YrarylCler ,Civil Division Date: S /?c (J // Deputy Seal of the Court 30216-30 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR ABINGTON HEALTH LANSDALE HOSP. 5309 COMMONWEALTH PRKWY SUITE 300 MIDLOPHIAN, VA 23112 RE: MCS # 30216-L30 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 Please provide any and all billing, insurance claims, and payments, outstanding and delinquent invoices. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-L30 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- TRAFCON INDUSTRIES, INC. CASE NO: 2009-247 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/1.2/2011 MCS on behalf of /n // c /S/ /<obert S. ROBERT S. DAVIS, Attorney, DE l MCS # 30216-01 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ABINGTON HEALTH LANSDALE HOSP. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, ESO. ADDRESS: 1525 LOCUST STREET 14TH FLOOR -PHILADELPHIA. A 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 12 2011 ? Date: ? 02-o Seal of the Court BY THE COURT: A Pr h ry/Cler , Civil Division Deputy 30216-31 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ABINGTON HEALTH LANSDALE HOSP. RADIOLOGY DEPARTMENT 100 MED. CAMPUS DR. LANSDALE, PA 19446 RE: MCS # 30216-L31 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. Include MRI & CT scan films Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-01 SU10 Et._C O F LL CERTIFICATE Cti= THE I R01`10N0TA^Y PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 CU[,JIBERL NO COUNTY PENNSYLYAIIIA IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/28/2011 MCS o/nn behalf of /S/ /<obert c ROBERT S. D S Attorn of . avid MCS # 30216-L32 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NELSON LAUREANO -VS- TRAFCON INDUSTRIES, INC. COURT OF COMMON PLEAS TERM, CASE NO: 2009-247 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BEST BEHAVIORAL HEALTHCARE MEDICAL, BILLING, AND X-RAY(S) EPISCOPAL HOSPITAL MEDICAL RECORDS EPISCOPAL HOSPITAL BILLING ONLY EPISCOPAL HOSPITAL X-RAY ONLY SSA-DISABILITY SOCIAL SECURITY RECORDS DELLAVELLA & ASSOCIATES RECORDS TO: RICHARD WOLFE, ESQ., PLAINTIFF COUNSEL MCS on behalf of ROBERT S. DAVIS, ESQa intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/08/2011 MCS on behalf of ROBERT S. DAVI ESQ. Attorney D 1?H'ANT CC: ROBERT S. DAVIS, ESQ. - THE MCS GROUP INC. RICHARD WOLFE, ESQ. 1601 MARKET STREET SAFFREN & WEINBERG #800 815 GREENWOOD AVE. PHILADELPHIA, PA 19103 SUITE 22 (215) 246-0900 JENKINTOWN, PA 19046 MCS # 30216-COI DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. File No. 2009-247 TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BEST BEHAVIORAL HEALTHCARE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group In 1601 Market Street Chita 800 Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS. ES ADDRESS: 1525 LOCINT STRFFT PHILADELPHIA- PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: lj? ) d 1? Prothonotary/Clerk, Civil Division JUL 8 2011 Deputy Date: J?? \ o?E! Seal of the Court 30216-32 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BEST BEHAVIORAL HEALTHCARE 5043 FRANKFORD AVENUE PHILA, PA 19124 RE: MCS # 30216-02 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and testis, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or, otherwise in electronic form. Include reports, or records of other doctors, hospitals or medical providers of any type, psychiatrists , all therapists or other professionals who have rendered care, notation of all drugs,therapy of any description prescribed, mri,ct scan Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-02 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/28/2011 MCS on behalf of /S/ Poled S. ROBERT S. DS, ES Attorney r DEFT i' MCS # 30216 - 03 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. File No. 2009-247 TRAFCON INDUSTRIES, INC SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for EPISCOPAL HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc 1601 Market Street Suite 800 Philadelpbia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS ES ADDRESS: 1525 LOC'INT cTRFFT PHIL Allh'LPHIA, PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: j)"-d j P. a-al/ Prothonotary/Clerk, Civil Division JUL 2 8 2011 oyatz? a4a Date: JIM Deputy Sea] of the Court 30216-33 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EPISCOPAL HOSPITAL MEDICAL RECORDS 100 E. LEHIGH AVE. PHILADELPHIA, PA 19125 RE: MCS # 30216-03 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Include er, in/outpatient records , reports & records of all other medical providers of any type,notation of all drugs & therapy of any description prescribed Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-03 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/28/2011 MCS on behalf of /s/ /? oLrt S. 2avi3. es ROBERT S. DAVIS, Attorney for APd MCS # 30216-L34 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. File No. 2009-247 TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for EPISCOPAL HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M Group- Inc 1601 Market Street Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, ES ADDRESS: 1525 LOCI I ST STREET 14TH FLOOR TELEPHONE: 215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant = JUL 2 8 2011 Date: /3, '1_6 l( Seal of the Court BY THE COURT: ?bk')Id ?), Aue-I1 Prothonotary/Clerk, Civil Division ?a-t'te- Deputy 30216-34 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR EPISCOPAL HOSPITAL BILLING DEPT. 100 E. LEHIGH AVE. PHILADELPHIA, PA 19125 RE: MCS # 30216-04 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 Please provide any and all billing, insurance claims, and payments, outstanding and delinquent invoices. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-04 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/28/2011 MCS on behalf of//?? ? /S/ /<obert S. 2avis. ee ROBERT S. DAV , Attorney fo DEF AN`I MCS # 30216 - 05 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. File No. 2009-247 TRAFCON INDUSTRIES, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for EPISCOPAL HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MC Group. Inc 1601 Market Street. Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, ES O. ADDRESS: 1525 LOCUST STREET 14TH FLOOR PHILADELPHIA, PA 19102 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 1?p a,, I C) J), &6 // UL 2 8 2011 Date: o7o /? Prothonotary/Clerk, Civil Division G?-Lrtti Deputy Seal of the Court 30216-35 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EPISCOPAL HOSPITAL RADIOLOGY DEPT 100 E. LEHIGH AVENUE PHILADELPHIA, PA 19125 RE: MCS # 30216-05 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. Include mri, ct scans Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-L35 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/28/2011 MCS on behalf of /S/ Poled J. 4. ROBERT S. DAVI , ESQ: Attorney fAr EF AT MCS # 30216-L36 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC. File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SSA-DISABILITY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED-RIDER **** at The MC4 ro p Inc 1601 Market Street site 800 Philad ]nhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS, ES ADDRESS: 1525 LOCTTST STRRRT TELEPHONE: -(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ?a?yd 3 6 mil/ Prothonotary/Clerk, Civil Division JUL 28 2011 Date: Deputy 3 Q /? Seal of the Court 30216-36 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SSA-DISABILITY 2 PENN CENTER 20TH FLOOR 1500 J.F.K. BLVD. PHILADELPHIA, PA 19102 RE: MCS # 30216-06 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: 183-56-2026 Date of Birth: 06-08-1963 Please provide entire Social Security Disability file, including but not limited to medical reports, records and correspondence. Please furnish applications, claims, documentation supporting plaintiff's claim, determinations and eligibility, payments including dates, payee and reason for payments and workers compensation claims. This should contain all records in your possession, all archived records, or records in storage. Including any and items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-06 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS NELSON LAUREANO TERM, CUMBERLAND -VS- CASE NO: 2009-247 TRAFCON INDUSTRIES, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ROBERT S. DAVIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf offc? DATE: 07/28/2011 /S/ Kobert S 2avii, ela. ROBERT S. DAVIS, Y-c;Q, -' Attorney for FE T MCS # 30216-07 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO vs. TRAFCON INDUSTRIES, INC File No. 2009-247 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for_ DF AV LA & ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Group. Inc 1601 Market Street. Suite 800 Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT S. DAVIS. ES ADDRESS: 1525 LOCINT STRRFT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: /? / A-vjd ? . ?U .r- l/ Prothonotary/Clerk, Civil Division 8 8 2011 -- a``^? 3 l1 Deputy Date: Seal of the Court 30216-37 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DELLAVELLA & ASSOCIATES 3200 MAGEE AVENUE PHILADELPHIA, PA 19149 RE: MCS # 30216-1-37 NELSON LAUREANO 5435 HORROCKS STREET PHILADELPHIA, PA 19124 Social Security #: XXX-XX-2026 Date of Birth: 06-08-1963 All records of every description relating the application for social security disability benefits, legal services provided relative to the social security disability benefits application. Including but not limited to copies of all medical records and records of every other description submitted to the social security adminstration in support of the claim for social security disability benefits. Prior a proval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 30216-07 SU10 Robert S.Davis,Esquire Davis Parry Tyler 1525 Locust Street, 14th Floor Philadelphia,PA 19102 ' 215-732-3755 Commonwealth of Pennsylvania Court of Common Pleas Cumberland County 2 --n► Nelson Laureano TeTrn -0 rn- 3�� first V. Case No.:2009-247�f> CO C2 t"x = Trafcon Industries,Inc. / AFFW VRV -0 M D COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. I,Albert G.Mentz,being duly sworn according to law upon my oath,depose and say,that I am not a party to this action, am over 1.8 years of age and have no direct personal interest in this litigation. On 0410212013 at 6:10 PM,I served the within Subpoena on William J.Lunney,Jr.,Respondent. Said service was effected at 3311 Saint Vincent Street,2nd Floor,Philadelphia,PA 19149 in the following manner: By delivering thereat a true copy to William J.Lunney,Jr.and informing him/her of the contents. Description of person process was left with: Sex: Male- Skin: Caucasian-Hair: Blond-Age: 57-Height: 57' -Weight:210 1 hereby affirm that the information contained in the Affidavit of Service is true and correct.This affirmation is made subject to the penalties of 18 PA C.S.4904 relating to unsworn falsification to authorities. X t� Albert .Mentz Dennis Richman Services for the Professional,IIf 1500 JFK Boulevard,Suite 1706 f Philadelphia,PA 19102 WEIII 2 91 IN JIM *70237* 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NELSON LAUREANO Plaintiff File No.2009-247 VS. TRAFCON INDUSTRIES,INC. Defendant SUBPOENA TO ATTEND AND TESTIFY TO: William J. Lunney, Jr, 3311 Saint Vincent Street, 2nd Floor Philadelphia, PA 19149-1625 1. You are ordered by the court to come to Davis, Parry & Tyler, 1525 Locust Street, 14th Floor, Philadelphia (Specify Courtroom or other place) at ,_Philadelphia. County, Pennsylvania, on April 11, 2013 at 2:00 o'clock, P.K.to testify on behalf of defendant in the above case,and to remain until excused. 2. And bring with you the following: If' you fail to attend or to produce the documents or things required by this subpoena; yoA ,may. be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rilles'of Civil.Procedure, including but not limited to costs, attorney fees and imprisonment. i REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Robert S. Davis, Esquire Address: 1525 Locust Street. 14th Fl. Phi ladejpUa- PA 19102 Telephone: 215-732-3755 Supreme Court ID# 02752 BY THE COURT: I � Prothonotary/Clerk,Civil Division Date: � �� eal the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable,including hearings in with depositions and before arbitrators,masters,commissioners,etc, in compliance with Pa.R.C.P.No.234.1. If a subpoena for a production of documents,records or things is desired,complete paragraph 2. (Eff. 7/97) y PRO T116NO T"" 4 11: 20 j7 DAVIS, PARRY&TYLER PF1 �+ to By: Robert S. Davis S YL vq ,ANT Y Email: rsdavis @dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 Attorney for Defendant (215) 732-3755 NELSON LAUREANO COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA TRAFCON INDUSTRIES, INC. No. 2009-247 MOTION FOR STATUS/PRE-TRIAL CONFERENCE PER PA. ILC.P. NO. 212.3 1. The defendant, Trafcon Industries, Inc., by its counsel, Robert S. Davis, files this Motion For a Status/Pre-Trial Conference Per Pa. R.C.P. 212.3 which provides, at Rule 212.3(a)(6)that: In any action the Court, of its own motion or motion of any party, may direct the attorneys for the parties to appear for a conference to consider: (6) Such other matters as may aid in the disposition of the action 2. The present motion is being filed to request the assistance of the Court in scheduling deadlines for: (a) Completion of pre-trial discovery; (b) The submission by the plaintiff of reports and curriculum vitae of experts and a separate deadline for the submission on behalf of the defendants of reports and curriculum vitae of experts; 1 (c) The filing of dispositive motions; (d) The filing of Motions in Limine and other pre-trial submissions; (e) Tentative trial date. 3. Counsel for the parties have discussed the filing of the instant motion by counsel for the defendant and plaintiff s counsel has no objection to the motion or the requested relief. 4. This motion is filed based on the following: (a) This matter was initiated by the filing of a Complaint in the Court of Common Pleas, Philadelphia, under the case caption set forth above. (b) The moving defendant filed Preliminary Objections raising, among other things, a question of venue and seeking transfer of the matter to the Court of Common Pleas, Cumberland County. (c) Discovery was conducted on the venue issue which was briefed as result of which an Order was entered transferring the matter to the Court of Common Pleas, Cumberland County. (d) This action initiated by counsel on behalf of the plaintiff,Nelson Laureano, allegedly involves significant personal injuries. (e) The moving defendant has conducted discovery, via subpoena, of multiple medical care providers to the plaintiff. (f) The parties to this action have exchanged written discovery in the form of Requests For Production of Documents and Things as well as Interrogatories followed by responses thereto. 2 {g} Counsel for the moving party as well as counsel for the plaintiff have worked together cooperatively to initiate the process of scheduling multiple oral depositions. {h} Both counsel for the plaintiff as well as counsel for the moving defendant have busy litigation schedules. (i) The moving parties request that the Court assist counsel for the litigants by conducting a pre-trial/status conference to establish reasonable deadlines for discovery and all necessary pre-trial actions by and on behalf of the parties. WHEREFORE, defendant, Trafcon Industries, Inc.,requests that this Honorable Court schedule a conference to set all deadlines for pre-trial actions as well as to set a tentative trial date in this matter. Date: ROBERT S. DAVIS Attorney for Defendant, Trafcon Industries, Inc. 3 V DAVIS, PARRY&TYLER By: Robert S. Davis Email: rsdavis @dpt-law.com Attorney I.D.No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 Attorney for Defendant (215) 732-3755 NELSON LAUREANO COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA TRAFCON INDUSTRIES, INC. No. 2009-247 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR STATUS/PRE-TRIAL CONFERENCE PER PA. R.C.P. NO. 212.3 The Pennsylvania Rules of Civil Procedure, at Rule 212.3,provide for the conduct of pre- trial conferences, either on the Court's own motion or on motion of any party, for various reasons. Rule 212.3(a), at sub-section(6), sets forth a generalized standard for the scheduling of pre-trial conferences when the conduct of such a conference would "...aid in the disposition of the action." All parties to this action will benefit from the guidance provided by a conference conducted by the Court which will result in setting forth specific deadlines for the accomplishment of the various stages of pre-trial activity. Respectfully submi , ROBERT S. DAVIS Attorney for Defendant, Trafcon Industries, Inc. r ti CERTIFICATION OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the individuals indicated below by depositing a copy of same in the United States Mail, Philadelphia, Pennsylvania with First Class postage prepaid, which service satisfies the requirements of all applicable rules of civil procedure: Richard A. Wolfe, Esquire Saffren& Weinberg 815 Greenwood Avenue Suite 22 Jenkintown, PA 19046 Date: � � � ROBERT S. DAVIS Attorney for Defendant, Trafcon Industries, Inc. 1 i FILED-OFFICE 0 I THE F'P4TP,0N0p..!,`#` 2013 MAX -2 AM 9: 46 DAVIS, PARRY & TYLER CUMBERLAND COUNTY By: Robert S. Davis PENNSYLVANIA Email: rsdavis @dpt-law.com Attorney I.D. No. 02752 Fourteenth Floor 1525 Locust Street Philadelphia, PA 19102-3732 Attorney for Defendant (215) 732-3755 NELSON LAUREANO COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA TRAFCON INDUSTRIES, INC. No. 2009-247 ORDER AND NOW, this 3a day of ^46Z4 L , 2013, upon consideration of the Motion For Status/Pre-Trial Conference Per Pa. R.C.P.No. 212.3 of defendant, Trafcon Industries, Inc., and any response thereto, it is hereby ORDERED that such a conference shall be conducted on oP-0 4 2013 at Ok Cumberland County Courthouse, �� BY THE CO T: J. 0 3 �-4T y� NELSON L AUREANO : COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TRAFCON INDUSTRIES, INC. : NO. 2009-247 ORDER JJA AND NOW, this _` day of , 2013, upon consideration of the Motion for a Continuance of the Status/Pre--Trial Conference Per Pa..R.C.P.No. 212.3 of Plaintiff,Nelson Laureano, and any response thereto, it is hereby ORDERED that the conference is GRANTED. IT IS FIJRTHER ORDERED that the conference shall be rescheduled to occur on ` t '2013 at q?--�Op.m. in Courtroom in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY TH T: J. e� �M t w niF= < �� z NELSON LAUREANO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TRAFCON INDUSTRIES, INC. , : Defendant No. 2009-247 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of July, 2013 by agreement of the parties, it is hereby ordered and directed as follows : 1 • All factual discovery shall be completed by August 30, 2013 . Provided, however, Defendant may schedule an independent medical examination at any time on or before October 1, 2013 . 2 . Plaintiff ' s expert reports shall be completed and served by October 1, 2013 . 3 • Defendant ' s expert reports shall be completed and served by November 1, 2013 . 4 . Any dispositive motions must be filed no later than November 8, 2013 . 5 . If no dispositive motions are filed, any party may list the case for trial after November 8, 2013 . If dispositive motions are filed, any party can list the matter for trial after those motions have been resolved. By the Court, t e.,, ./ C= T6 py // Edward E. Guido, J, /A'larc A. Weinber > Attorney Esquire +} for Plaintiff /Robert S . Davis, Esquire J b'` cr� Attorney for Defendant srs