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Home My WebLink About04-1967IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Harold D. Wilcox and Teresa A. Wilcox, his wife, Plaintiffs vs. Susan A. Mixell and Donald E. Mixell, Defendants To: Curtis R. Long, Prothonotary Civil Action - Law No. 0q - / 9,?.'J (2jo- C7C-1_, PRAECIPE Please enter my appearance on behalf of the above captioned Plaintiffs and issue Writs of Summons against the Defendants, Susan A. Mixell and Donald E. Mixell, 210 East Pine Street, Mount Holly Springs, Pennsylvania, 17065. Respectfully submitted, DILORETO Date: April 29, 2004 By Attorney I.D. 420076- 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 LAW OFFICES DILosuo. CosmNo & BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBENSBUBG, PA 17201 ig, N Q _ i ?Y 1 ? t C i q -< IR Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS HAROLD D. WILCOX AND TERESA A. WILCOX, HIS WIFE Plaintiff Vs. Court of Common Pleas No. 04-1967 CIVIL TERM In CivilAction-Law SUSAN A. MIXELL AND DONALD E. MIXELL 210 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 Defendant To SUSAN A. MIXELL AND DONALD E. MIXELL, You are hereby notified that HAROLD D. WILCOX AND TERESA A. WILCOX the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date MAY 3, 2004 BY _aA-h. s . P Deputy Attorney: Name: PHILIPS. COSENTINO, ESQUIRE Address: DILORETO, COSENTINO & BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CURTIS R. LONG Prothonotary CHAMBERSBURG, PA 17201 Attorney for: Plaintiff Telephone: 717-264-2096 Supreme Court ID No. 30076 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILCOX HAROLD D ET AL VS MIXELL SUSAN A ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MIXELL SUSAN A the DEFENDANT , at 2111:00 HOURS, on the 7th day of May 2004 at 210 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to DONALD E MIXELL, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this -/-? day of -Xj?G A.D. Prdthonotarij So Answers: R. Thomas Kline 05/10/2004 DILORETO COSENTINO BOLINGER By: cDepu c Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILCOX HAROLD D ET AL VS MIXELL SUSAN A ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MIXELL DONALD E the DEFENDANT , at 2111:00 HOURS, on the 7th day of May , 2004 at 210 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to DONALD E MIXELL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /.71 day of? OZr> o/ A.D. r.eu• 41.61. Pr thonota7y So Answers: R. Thomas Kline 05/10/2004 DILORENTO COSENTINO BOLINGER By: Deputy Sheriff THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Kevin C. McNamara, Esquire Attorney I.D. 72668 717-237-7132 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. DATE: -S/i8/Q y Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: C I?YI Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants 293841-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the day of 2004: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 THOMAS, THOMAS & HAFER, LLP 7 By:? Kevin C. McNamara, Esquire 293&41-1 r ,. C=? %: - ?,? . .. t " ? _{ - '.?, y, _., CJ _ I i le) l.: AC > Y " __ -T. r'??' -.111 ( ? y C I ?,. W THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Kevin C. McNamara, Esquire Attorney I.D. 72668 717-237-7132 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. W ILCOX, his wife, Plaintiffs v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, DATE: 51?lcyl THOMAS, THOMAS & HAFER, LLP By:. Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants 293845-1 THOMAS, THOMAS 6 HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Kevin C. McNamara, Esquire Attorney I.D. 72668 717-237-7132 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-19,57 v SUSAN A. MIXELL and DONALD E. MIXELL, CIVIL ACTION - LAW Defendants TO: Plaintiffs and Plaintiffs' counsel: JURY TRIAL DEMANDED You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiffs pursuant to Pa. R. C. P. 1037(a). DATE: f'Z?R? 19, a0b ( ( Prothonotary 293845-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing documentGon the following person by placing same in the United States mail, postage prepaid, on the I ? of N 2004: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 THOMAS, 'THOMAS & HAFER, LLP By: Z Kevin C. McNamara, Esquire 293&45-1 N i7 ?? fi ( _. i .' ... i".i r .' _, ?: __ _ -?,m :??? ?' ; h ?._ W 1 _:` `?? __, V -`, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Harold D. Wilcox and Teresa A. Wilcox, his wife, Plaintiffs vs. Susan A. Mixell and Donald E. Mixell, Defendants Civil Action - Law No. 04-1967 JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE: A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 132 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LAW OFFICES DILOBETO. COMMNO 6 BOLING0 PC MO LINCOLN WAY EAST P.O. BOX 866 CiHAh1I PA 17201 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Harold D. Wilcox and Teresa A. Wilcox, his wife, Plaintiffs vs. Susan A. Mixell and Donald E. Mixell, Defendants Civil Action - Law No. 04-1967 JURY TRIAL DEMANDED COMPLA114T IAWOFFICES DILORBTO, COSENTINO S BOLINGERPC KO LINCOLN WAY EAST P.O. BOX 866 CiHAMBERSBIIRO, PA 17201 Now come the Plaintiffs, Harold D. Wilcox and Teresa A. Wilcox, his wife, through their attorney, Philip S. Cosentino, and for cause of action against the Defendants set forth the following: 1. Plaintiff, Harold D. Wilcox, is an adult individual living and residing at 43 Garden Parkway, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Plaintiff, Teresa A. Wilcox, is an adult individual living and residing at 43 Garden Parkway, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant, Susan A. Mixell, is an adult individual living and residing at 210 East Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 4. Defendant, Donald E. Mixell, is an adult individual living and residing at 210 East Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 5. On May 14, 2002, at approximately 4:40 p.m., Plaintiff, Harold D. Wilcox, was operating a 1983 Chevrolet automobile in a southerly direction on Spring Garden Street in Carlisle, Cumberland County, Pennsylvania. 6. On said, place and time, Defendant, Susan A. Mixell, was operating a 1999 Ford automobile, owned by Defendant, Donald E. Mixell, in a northerly direction on Spring Garden Street in Carlisle, Cumberland County, Pennsylvania. 7. On said date, time and place, Defendant, Susan A. Mixell, attempted to make a left turn across the southbound lane of Spring Garden Street causing a collision between Plaintiffs' vehicle and Defendants' vehicle in Plaintiff's lane of travel. 8. The collision above alleged was solely and proximately caused by the negligence of Defendant, Susan A. Mixell, said negligence consisting of the following: a). Her failure, as she turned into the southbound lane of travel, to maintain a reasonably diligent lookout and watch for vehicles approaching in the southbound lane of Spring Garden Street; b). Her failure to determine whether the southbound lane of travel was free of traffic before attempting to turn across said lane; c). Her failure to stop and yield the right-of-way to the vehicle which Plaintiff was operating, which was already occupying the southbound lane of Spring Garden Street; and d). Her violation of Sections 3322 and 3334(a) of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. Sections 3322 and 3334(a). 9. At all times alleged above, Defendant, Susan A. Mixell, was acting as the agent of the Defendant, Donald E. Mixell and at the time of the accident was operating within the scope of that agency. COUNT ONE Harold D. Wilcox, vs. Plaintiff Defendants 10. Plaintiff in this Count, Harold D. Wilcox, incorporates by reference paragraphs 1 Susan A. Mixell and Donald E. Mixell, through 9, as though fully set forth at length herein. 11. LAWOFFICES DiL0PA0,COSENTINO By reason of the above described collision, Plaintiff, Harold D. Wilcox, & BaNGE PC MO LINCOLN WAY EAST sustained bodily injuries as follows: PA. Box 866 III CHAMBEBSBUBG. PA 17201 a). Thoracic and lumbar sprain/strain; b). Avulsion fracture of the distal aspect of the clavicle in the area of the AC joint; c). Exacerbation of pre-existing L5/S1 isthmic spondylosis; d). Exacerbation of pre-existing thoracic degenerative disc disease; e). Exacerbation of pre-existing facet arthropathy; and f). Exacerbation of pre-existing myofasc:ial pain syndrome. 12. As a result of the injuries sustained as above set forth, Plaintiff has incurred medical bills for care and treatment and will continue to incur such bills which may be in excess of the coverage provided pursuant to Section 1711 of the Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. Section 1711. 13. As a result of his injuries as above set folrth, Plaintiff has sustained wage loss in an amount in excess of the coverage provided pursuant to Section 1712 of the Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. Section 1712 and has suffered a permanent diminution in his earning capacity. 14. By reason of the injuries sustained by Plaintiff, he has sustained pain, suffering and inconvenience, and will continue to experience pain, suffering and inconvenience for a period of time now unknown, WHEREFORE, Plaintiff, Harold D. Wilcox, demands damages against Defendants, Susan A. Mixell and Donald E. Mixell, in an amount in excess of the mandatory arbitration limits and costs of suit. COUNT TWO Teresa A. Wilcox, Plaintiff vs. IAW OFFICES DILOBETO, COSENTINO BOLINGER PC 390 LINCOLN WAY EAST PA. BOX 666 CHAMBEPSBUFO, PA 17201 Susan A. Mixell and Donald E. Mixell, Defendants 15. Plaintiff in this Count, Theresa A. Wilcox, incorporates by reference paragraphs 1 through 14, as though fully set forth at length herein. 16. Plaintiff, Theresa A. Wilcox, is, and at the time of the occurrence alleged in this Complaint was, the wife of the Plaintiff, Harold D. Wilcox. 17. As a consequence of the injuries sustained by Harold D. Wilcox, as above set forth, Plaintiff, Theresa A. Wilcox, has been deprived of the services of her husband and his society and the comfort of his presence since the day of the collision above alleged, and will continue to be so deprived for a period of time now unknown. WHEREFORE, Plaintiff, Theresa A. Wilcox, demands damages against Defendants, Susan A. Mixell and Donald E. Mixell, in an amount in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, DILORETO, ENTU /OL NG R PC t A Date: January 18, 2005 By. Attorney I:D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 LAW OFFICES -06 0' COSEMINO &Baw APC LINCOLN WAY EAST P.O, 60X 666 IERSBUPG, PA 17201 We verify that the statements made in this Complaint are true and correct. W e understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: January 18, 2005 ALL O Harold D. Wilcox, Plaintiff -- DATE: January 18, 2005 Theresa A. Wilcox, Plaintiff LAW OFFICES OILaR o.. COmww & 9oLWGEH PC 330 LINCOLN WAY EAST P.O. BOX 866 CiHAMBERSBURS, PA 17201 .., ? <_; ?? .. CJ THOMAS, THOMAS & HAFEB, LLP 305 North Front Street PA. Box 999 Harrisburg, PA 17108 Shawn E. SmAb, Esquire Attornev LD_ 86121 717-237-7101 Attorneys for Defendants HAROLD D. WILCOX and TERESA A- WILCOX, his wife, Plaintiffs V SUSAN A. MIXELL and DONALD E. MIXELL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, By: Shawn E. Smith, EsqulP'e I.D.#786121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 (717) 237-7132 Attorneys for Defendants DATE 1.31.0; 293841.2 CERTIFICATE OF SERVICE I, Shawn E. Smith, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania rules of civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (Counsel to Plaintiffs) THOMAS, THOMAS & By: awn E. Smith, Esqun Attorney I.D. No. 86121 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 / (717)237-7101 Date: Attorneys for Defendants 293841.2 ,_.? ' ` +, ? ? , __? ,?, ,,?_ 4V 51 P. ? ,1? i .., ?. J( ? [Yl N? ? J W C. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.oom Attorney I.D. 68953 717-237-7154 Attorneys for Defendant HAROLD D. WILCOX and TERESA A. IN THE COURT OF COMMON PLEAS WILCOX, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants, Susan A. Mixell and Donald E. Mixell, in the above matter. Respectfully submitted, W. Darren Powell, Esc I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 / Dated: Attorney for Defendant 338726.1 / CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Dated: 2 /Z /'o 5- 305 North Front Street .,.7 ? ? ' = ii .--1 r - . e ? ft => i,J ?? E:) " y ?? - i ?? . .? ,.C? . . • ,i t rf5 ., i e-'1 '2_ N THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Harold D. Wilcox and Teresa A. Wilcox, Plaintiffs and Philip S. Cosentino, Esquire, their attorney You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully & HAFER, THO I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA '17101 (717) 237-7154 Attorney for Defendants THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED their attorneys, Thomas, Thomas & Hafer, LLP, and hereby file the following Answer With New Matter to Plaintiffs' Complaint and in support thereof aver as follows: 1. Denied. Upon reasonable investigation, Defendants are without information or belief as the truth of the averments contained in Paragraph 1, hence they are denied and proof is demanded at time of trial. 2. Denied. Upon reasonable investigation, Defendants are without information or belief as the truth of the averments contained in Paragraph 2, hence they are denied and proof is demanded at time of trial. 3. Admitted. 4. Admitted. 5. Admitted in part and denied part. It is admitted that on May 14, 2002 at approximately 4:40 p.m. the Plaintiff was operating a Chevy van. Upon reasonable investigation, Defendants are without information or belief as to the truth of the remaining averments contained in Paragraph 5 hence they are denied and proof is demanded at time trial. 2 AND NOW, come the Defendants, Susan A. Mixell and Donald E. Mixell, by and through 6. Admitted. 7. Admitted in part and denied in part. It is admitted only that on the aforementioned date, time and place Defendant Susan A. Mixell attempted to make a left-hand turn across the southbound lane of Spring Garden Street. The remaining averments contained in Paragraph 7 are conclusions of law to which no answer is required. To the extent that an answer is required, any allegations of wrongdoing are specifically denied. 8. The averments contained in Paragraph 8 are conclusion of law to which no answer is required. To the extent that an answer is required, any allegations of wrongdoing are specifically denied. 9. The averments contained in Paragraph 9 are conclusion of law to which no answer is required. To the extent that an answer is required, it is admitted only that Defendant Susan A. Mixell was operating the vehicle owned by Defendant Donald E. Mixell with his permission at the time that the accident occurred. COUNT ONE Harold D. Wilcox v. Susan A. Mizell and Donald E. Mixell 10. Paragraphs 1 through 9 are incorporated herein as if set forth in full. 11. Denied. Upon reasonable investigation, Defendants are without information or belief as to the truth of the averments contained in Paragraph 11(a) through (f) hence they are denied and proof is demanded at time trial. 12. Denied. Upon reasonable investigation, Defendants are without information or belief as to the truth of the averments contained in Paragraph 12 hence they are denied and proof is demanded at time trial. 3 13. Denied. Upon reasonable investigation, Defendants are without information or belief as to the truth of the averments contained in Paragraph 13 hence they are denied and proof is demanded at time trial. 14. Denied. Upon reasonable investigation, Defendants are without information or belief as to the truth of the averments contained in Paragraph 14 hence they are denied and proof is demanded at time trial. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs' Complaint without costs to them. COUNT TWO Teresa A. Wilcox v. Susan A. Mixell and Donald E. Mizell 15. Paragraphs 1 through 14 are incorporated herein as if set forth in full. 16. Denied. Upon reasonable investigation Defendants are without information or belief as to the truth of the averments contained in Paragraph 16, hence they are denied and proof is demanded at time of trial. 17. Denied. Upon reasonable investigation Defendants are without information or belief as to the truth of the averments contained in Paragraph 17, hence they are denied and proof is demanded at time of trial. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs' Complaint without costs to them. NEW MATTER 18. Paragraphs 1 through 17 are incorporated herein as if set forth in full. 19. Some or all of Plaintiffs' claims may be barred by the Plaintiffs' comparative and/or contributory negligence. 20. Some or all of Plaintiffs' claims may be barred by the statute of limitations. 4 21. Some or all of Plaintiffs' claims may be barred or reduced by the Pennsylvania Financial Responsibility Law. 22. Some or all of Plaintiff's claims may be barred or reduced by the Plaintiffs' election of the limited tort option. 23. Some or all of Plaintiff's claims may be barred by the doctrines of collateral estoppel and/or res judicata. 24. Some or all of Plaintiff's claims may pertaining to the Defendants in this action may have been released by virtue of the settlement of a pervious action. 25. The injuries and/or damages claimed in Plaintiffs' Complaint may have been caused by a party over which Defendants were not responsible or due a pre-existing condition. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs' Complaint without costs to them. Respectfully submitted, Attorney for Defendants Dated: ZI i L /O S^ 5 I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Wilcox v. Mixell 100-40881 VERIFICATION I, Susan A. Mixell, hereby verify that the averments set forth in the preceding ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and 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, relating to unsworn falsification to authorities. l J -i i Date ; Susan A. Mlxell Wilcox v. Mixell 100-40881 VERIFICATION I, Donald E. Mixell, hereby verify that the averments set forth in the preceding ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that £a3se statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: "-Yl ?! ?/r'?? Donald E. Mixell CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (Counsel to Plaintiffs) THOMAS, 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Dated: z ?f ??6 S 6 _t ?t-"\ ._ tR N t? W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Harold D. Wilcox and Civil Action - Law Theresa A. Wilcox, his wife, Plaintiffs vs. No. 04-1967 Susan A. Mixell and Donald E. Mixell, Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER Now come the Plaintiffs, Harold D. Wilcox and Theresa A. Wilcox, his wife, through their attorney, Philip S. Cosentino, and in Reply to New Matter, set forth the following: 18 IAWOFFICES DILORuo COSENHNO & BGLMGER PC 330 LINCOLN WAY EAST P.O. Box 856 CHAMBERSBURG. PA 17201 Paragraphs 1 through 17 of Plaintiffs' Complaint are incorporated herein by reference as though fully set forth at length herein. 19. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 20. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa. R.C.P. 1029(e). 21. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 22. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 23 Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 24. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 25. Legal conclusion to which no reply is required. However, to the extent that a I reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). i WHEREFORE, Plaintiffs, Harold D. Wilcox and Theresa A. Wilcox, his wife, demand damages against Defendants, Susan A. Mixell and Donald E. Mixell, in an amount in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, Date: February,9I, 2005 DILORETO,)C?OSENTINO & BAKINGER PC V \ 11 i LAW OFFICES DA OPE70 COSEMINO & EOLWGEF PC M LINCOLN WAY EAST P 0.80X666 CH BEPS84%, PA 17M P 'I 8. CoseMhro Pl?i+' S. Cosentino 1 Attorney for Plaintiffs_..__?- Attorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 I verify that the facts set forth in this Plaintiffs' Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: a ?c ?005- - d Harold D. Wilcox, Plaintiff DATE: Theresa A. Wilcox, Plaintiff LAW OFFICES DILORE70. COSENTINO & BOLINGER PC 330 LINCOLN WAY EAST P.0. BOX 866 CHAMBERSBURG. PA 17201 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the within Plaintiff's Reply To New Matter upon the person(s) and in the manner indicted below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: W. Darren Powell, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 LAW OFFICES XonETo, CosEMWo & BOLINGER PC 330 LINCOLN WAY EAST PA. BOX 866 CNAMBEBSBURG PA 17201 DATE: Februaryd , 2005 DILORETO,/ OSENTINO -&?Q I GER PC Attorney for Plaintiffs Attorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated April 8, 2005, and executed by Plaintiff's counsel, Philip S. Cosentino, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Date: ( t' el /0 C Attorney for Defendant DILORETO ®OSENTINO OLINGER ATTORNEYS AT LAW 1DENIS M. DILORETO 0 PHILIP S. COSENTINO April 8, 2005 VIA FACSIMILE AND FIRST CLASS MAIL Kate A. Wilhelm, Paralegal Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Re: Wilcox v. Mixell Cumberland County C.C.P. No. 04-1967 Civil Dear Ms. Wilhelm: 330 Lincoln Way East l P.O. Box 866 Chambersburg, PA 17201 Phone (717) 264-2096 Fax (717) 264-2508 a BRADLEY R. BOLINGER As per my voice mail left with you this morning, I have no objection to the subpoenas and waive the twenty-day rule. If you have any questions, please do not hesitate to contact me. Very truly youIs, BOLINGER PC By S. Cosentino PSC/crp THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Rehabilicare Inc, P.O. Box 30244, Tampa, FL 33630 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: ,nit- i5' at Seal of the Court -}- X 410 Prothonotary/Clerk, Lqivil Division A, 4-4 I/ A10 "r Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717.237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Imaging, 25 Penncraft Avenue, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes diagnostic studies writings correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10124157. at: Thomas Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: 01Z2tl! 15 ICY Seal df the Court BY THE COURT: THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Orthopaedic Associates, 1035 Wayne Avenue, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg=, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: ( n'? is apt Seal of the Court BY THE COURT: Prothonotary/Clerk,- ivil Division Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717.237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Hospital Pain Management, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all medical records reports physical therapy records treatment notes diagnostic studies writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, _Harrisbury, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: ' LTV l5: ? cl? _ Sea of the Court BY THE COURT: Deputy hl Division THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@fthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Pain Services, 144 South Eighth Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete dies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: Seat of the Court BY THE COURT: Prothonotary/Clerk/Civil Division Deputy '7 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Anesthesia Associates, 144 South Eighth Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: Of ;"; I is, Seal of the Court BY THE COURT: Protho?onotary/Cl?erkf, Civil Division Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Hospital Physical Therapy, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court mr-10?to 'k"e('4 Prothonotary/Clerk Civil Division _7 Deputy THOMAS, THOMAS 8 HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17106 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Valley Family Physicians, 757 Norland Avenue, Suite 101, Chambersburg, PA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox d/o/b: 10/24/57. at: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: 9 f) Ii7 Seal o the Court 17108-0999 BY THE COURT: Prothonotary/Clerk, Division Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Physical Therapy Associates of Chambersburg, 1007 Wayne Avenue, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports treatment notes diagnostic studies writings, correspondence, etc., for treatment rendered on behalf of Harold D Wilcox d/o/b• 10/24/57. at: Thomas. Thomas & Hafer, LLP, 305 N. Front St P.O. Box 999, Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: (LC1 ! i5, )v`i Sea?of the Court Prothonotary/Clerk, Civil Division m Deputy ? THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Chambersburg Hospital, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, worts, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: (1(?tK/Stns Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Marc Loev, M.D., Center for Pain Management, 1150 Professional Court Plaza, Hagerstown, MD 21740 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: 0'4'-d is, )ct Seal of the Court BY THE COURT: Deputy Division THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Mday of 2005, I, Kate A. Wilhelm, a paralegal at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Kate A. Wilhelm, Paralegal ,_ <_? ?., _, r..i __ ? . .... ?. ?.. ?' THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS' CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW, come the Defendants Susan A. and Donald E. Mixell, by and through their attorneys, W. Darren Powell and Thomas, Thomas & Hafer, LLP and file this Motion to Compel and, in support thereof, aver and state as follows: Plaintiffs initiated this action to the above docket by the filing of a Writ of Summons on or about May 3, 2004. 2. Plaintiffs filed their Complaint on or about January '19, 2005. 3. Through their Complaint, Plaintiffs seek recovery for personal injuries which they allege are related to an automobile accident that occurred on May 14, 2002. 4. Defendants served Interrogatories and Request for Production of Documents upon Plaintiffs on February 3, 2005. A copy of the Interrogatories and Request for Production of Documents, along with the cover letter serving the same, are collectively attached hereto and marked as Exhibit "A". 5. Pursuant to Pa.R.C.P. 4006(a)(2) the answering parties shall serve a copy of answers and objections, if any, within thirty (30) days after service of interrogatories. 6. Pursuant to Pa.R.C.P. 4009.12 the party upon whom a request for production of documents is made, shall serve an answer to such request within thirty (30) days of service. 7. Thirty (30) days has expired since Defendants served the discovery in question upon Plaintiffs. Plaintiffs have failed to provide any response to the same. Despite repeated requests, Plaintiffs have yet to provide any response to the outstanding discovery. 8. Finally, by correspondence dated March 29, 2005, the undersigned requested that Plaintiffs provide responses to the overdue discovery within two (2) weeks, in order to avoid a motion to compel. A copy of said correspondence is attached hereto and marked as Exhibit "B". 9. Moving Defendants are prejudiced by Plaintiffs' refusal to provide discovery information as they have been precluded from ascertaining the nature of Plaintiffs' claims or gaining the necessary investigative materials to further the course of the instant litigation. 10. As Plaintiffs have failed to respond in accordance with the Rules of Civil Procedure, it is respectfully requested that this Court issue an order directing Plaintiffs to provide full and complete answers, without objections, to the outstanding Interrogatories and Request for Production of Documents, or be precluded from introducing any such evidence at the arbitration or trial of the same. WHEREFORE, it is respectfully requested that this Court issue an Order granting said Motion and directing Plaintiffs to provide full and complete answers to the outstanding Interrogatories and Request for Production of Documents, without objection, or be precluded from offering any such evidence or testimony at arbitration, or such other sanctions as this Court may seem fit. & HAFER, By: Date: W-,?Mr 361374.1 305 N. Front Street, Fr Harrisburg, PA 17108 (717) 237-7141 Attorney for Defendant 2 CERTIFICATE OF SERVICE I, Susan Rosario, an employee of the firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Date: zz' Susan Rosario THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 February 3, 2005 Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Re: Harold D. and Teresa A. Wilcox v. Susan A. and Donald E. Mizell Cumberland County C.C.P. No. 04-1967 Civil Our File No. 100-40881 Dear Attorney Cosentino: www.tthlaw.com W. Darren Powell (717) 237-7154 dpowell@tthlaw.com Enclosed please find Defendants' Interrogatories and Request for Production of Documents Addressed to Plaintiffs in the above referenced matter. Thank you for your attention to this matter. I look forward to receiving your responses in the next thirty (30) days. Very truly yours, & Hafer, LLP WDP/bes Enclosures 294412.5 Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 0 Fax: (412) 697-7407 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, Defendants request that Plaintiffs produce and permit Defendants to inspect and copy each of the documents specified below. The documents should be made available for inspection and copying during regular business hours at the offices of the Defendants' attorney, 305 North Front Street, Harrisburg, Pennsylvania, or at such other place as may be mutually agreeable to the parties, within thirty (30) days after the service of this request. The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any non-identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphics, contracts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents defined in Rule 4009. DOCUMENTS TO BE PRODUCED 1. All statements, including but not restricted to those defined by Pa. R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. 2. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. 3. All documents prepared by you or by any representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" Includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request Is addressed Is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their Behalf.) 4. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 5. All documents relating in any way to all damages and losses sustained by Plaintiffs. This should include, but not be limited to all bills, receipts, reports, records, documents, etc. reflecting diagnosis or prognosis. 6. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 7. If not covered by the above-requests, any and all documents which evidence any facts on the basis of which it will be asserted that the Defendants caused or contributed to the happening of the damages sustained by the Plaintiffs. 8. All documents which would support any claims for damages averred in Plaintiffs' Complaint. 9. Copies of all reports from anyone who performed investigations and the results of those investigations conducted by Plaintiffs, Plaintiffs' counsel, anyone on Plaintiffs' behalf or any other individual or organization. 10. Any documents identified in your Answers to any set of Interrogatories. 11, All records or other writings establishing Plaintiffs' claim of financial loss, including copies of tax returns for the last three (3) years. Attorney for Defendants Dated: February 3, 2005 338734.1 I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 CERTIFICATE OF SERVICE, I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Dated: February 3, 2005 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendant W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS ADDRESSED TO PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. A. "DOCUMENT"- writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTIFY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identify" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify' an oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT' means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identify and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. & HAFER, I.D. Number: 689;53 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant Date: February 3, 2005 t. For each Plaintiff, please state your full name, present address, date of birth, marital status and social security number. ANSWER: 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff in this case. ANSWER: 3. List the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 4. Do you have any documents such as writing:;, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to whom has custody over the writing and/or document. ANSWER: 5. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 7. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respect you have not fully recovered. ANSWER: 8. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 9. Set forth the specific acts of negligence (either omission or commission) that you contend were committed by Defendant. ANSWER: 10. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 11. Please identify each document, which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 12. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; C. a summary of the grounds for each such expert opinion. ANSWER: 13. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, rebuttal and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 14. State the names and addresses of all hospitals, doctors, therapists, etc. who have examined you or treated you because of this accident. ANSWER: 15. Are you claiming loss of earnings due to this accident? If so, please state the following: (a) the amount of such loss; (b) the nature of your employment immediately prior to the accident; (c) the name and address of your employer immediately before the accident and if you are still employed by them; if not, state the date and reason why you left; (d) the dates you were absence from your employment because of the injuries sustained in this accident; (e) whether you were paid by the year, month„ week, day, hour or otherwise and at what rate you were paid; ANSWER: 16. Do you claim that you sustained other financial loss as a result of the accident other than those covered by the preceding Interrogatories. If so, please state in detail the nature of the additional losses. ANSWER: 17. Prior to this incident, did you ever suffer any injury, sickness or disease involving any part or function of the body alleged in this suit to have been injured? If so, please state the following: (a) when you suffered such injury, sickness or disease; (b) if you have fully recovered from the prior injury, sickness or disease; (c) the names and address of all physicians who treated you for any previous injury, sickness or disease; and (d) any insurance company with which you made a claim as a result of such injury, including the type of claim and claim number. ANSWER. 18. List all physicians, including complete names, addresses and practice, who have provided treatment to you in the past five (5) years. ANSWER: 19, Prior to the incident, have you treated with a psychiatrist or psychologist? If so, identify the name and address of such medical providers. ANSWER: 20. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number and the limits of first-party medical and income loss coverage on each said policy. ANSWER: 21. For each insurer identified in your response to the preceding Interrogatory for which you submitted a claim for first-party medical or income loss benefits, identify limits, amounts paid and amount of coverage remaining for medical and income loss. ANSWER: 22. Identify all sources of current household income since the accident, including amounts of such income. ANSWER: 23. If you are not currently employed, have you sought employment from since employment from since the accident? If so, describe in detail what steps have you have taken to obtain employment. ANSWER: ?l 3 /off Attorney for Defendants 338738.1 I.D. Number: 68953 305 North Front ;Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 CERTIFICATE OF SERVICEI I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 THOMAS, THOVIAS\? HAFER, 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Dated: February 3, 2005 THOMAS, THOMAS & HAFEIZ LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 March 29, 2005 Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Re: Harold D. and Teresa A. Wilcox v. Susan A. and Donald E. Mizell Cumberland County C.C.P. No. 04-1967 Civil Our File No. 100-40881 Dear Attorney Cosentino: www.tthlaw.com W. Darren Powell (717) 237-7154 dpowell@tthlaw.com I note that responses are now overdue to our Interrogatories and Request for Production of Documents. Please forward your clients' discovery responses within the next two weeks in order to avoid a Motion to Compel. Thank you for your attention to this matter. If you anticipate any further time is necessary, please contact me. WDP/bes 294412.6 Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 Very truly yours, N ?? O 4- -t' " Y1 I ` ? ? `? ]. , -r: `1T1 " :1 _ ? :G -G C . RECEIVED JUN 2 7 2005 HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this 2 7 " day of _, 2005, upon consideration of the Motion to Compel filed by Defendants, it is hereby ORDERED that said Motion is GRANTED. Plaintiffs are to provide full and complete responses to Defendants' Interrogatories and Request for Production of Documents,, within 30 -days of this Order, or suffer sanctions. BY THE COURT: FI' OF ?Pic" b11?E'( "`,'' 1 !<? HJIU 16' 2-1 Ph Aly rt .iv THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 66953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4049.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoena and waives the Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated June 9, 2005, and executed by Plaintiff's counsel, Philip S. Cosentino, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMAS & Date: -7/2 ?/per LLP for Defendant DILORETO OOSENTINO OLINGER ATTORNEYS AT LAW 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Phone (717) 264-2096 Fax (717) 264-2508 DENIS M. DILORETO PHILIP S. COSENTINO June 9, 2005 Kate A. Wilhelm, Paralegal Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Re: Wilcox v. Mixell . Cumberland County C.C.P. No. 04-1967 Civil Dear Kate: ka BRADLEY R. BOLINGER The Plaintiffs waive the twenty day rule on the subpoena to CGU/One Beacon. I would ask that you provide me with all documents received through the use of this subpoena. If you have any questions concerning the above, please do not hesitate to contact me. Very truly DILO,Rf-T,0, (;OSENTINO & BOLINGER PC PSC/crp cc Mr. and Mrs. Harold D. Wilcox THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717.237-7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CGU/One Beacon Insurance Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all claim records medical records reports treatment notes diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D Wilcox d/o/b• 10/24/57. ssn: 117-50-5477: claim no. OP204860W Date of Loss - 11/08/00 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE. Sea] of the Court Prothonotary/Clerk, Crvil stop /./ten o . rlJ//iP. Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2f9/' 0 " day of 2005, I, Kate A. Wilhelm, a paralegal at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 4 Kate A. Wilhelm, Paralegal ^ s n __ Ym L. J ?- THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.oom Attorney I.D. 88953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated August 4, 2005, and executed by Plaintiffs counsel, Philip S. Cosentino, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. & HAFER LLP Date: g lqlo) By:. Attorney for Defendant Aug-04-05 09:47A DiL Cos Sol PC 7717 264 2508 P_02 WiLoRE O 3301ill koln Way I!,M MOSENTINO Ch:nnbershurg, I';1 17201 OLINGER Phone (717)269-2090 ATTORNEYS AT LAW Fix (717) 269.2508 I )I v1. M DTI olu l U August 4, 2005 VIA FACSIMILE AND FIRST CLASS MAIL Kate A. Wilhelm, Paralegal Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Re: Harold D. and Teresa A. Wilcox v. Susan A. and Donald E. Mixell Cumberland County C.C.P. No. 04-1967 Civil Dear Kate: The Plaintiffs waive the twenty day rule concerning the July 28, 2005 Notice of Intent in the above captioned matter: Very truly yours, DIL0 ? S N 0 & BOLINGER PC By ?Philip S. Cosentino PSC/crp THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 88953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Rehab Medicine Assnciates, 5124 East Trindle Rnad, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE OURK: DATE: 1QA Seal of e Court Pro notary/Clerkvil D' sion Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Premier Orthopedics and Sports Medicine Associates, 525 West Chester Pike, Suite 203, Havertown, PA 19083 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all medical records ambulance TRIP sheets reports treatment notes, diagnostic studies, writings correspondence etc for treatment rendered on behalf of Harold D. Wilcox. d/o/b: 10/24/57. at: Thomas, Thomas & Hafer. LLP, 305 N Front St P .O. Box 999. Harrisburg PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE T,11h T: DATE: Seal of the Court Prothono - /Clerk, C' ' -Divi on Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237.7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Carlisle Hospital, 246 Parker Street, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copes of My and all medical records, ambulance TRIP sheets, reports, treatment notes diagnostic studies writings correspondence, etc., fcrr treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT DATE: Seal of the ourt Prothonotary/C rk, Civil ton Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthiaw.com Attorney I.D. 68953 717.237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO :RULE 4009.22 TO: Deshong, Inc., Attn: Personnel Department, 1561 Sollenberger Road, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all employment records, wage information, disability slips, disciplinary actions medical records claim notices correspondence documents etc. including but not limited to, your entire file pertaining to Harold Wilcox, d/o/b: 10/24/57: ssn: 117-50- 5477. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COUR . DATE: / Seal of he Court Prothonotary/ erk, Civil sio u Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Brookwood Family Practice, 49 Brookwond Avenue, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT• DATE: Seal o the Court Prothonotary/Clerk, Civil Did ' n Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Walter A. Koerber, M.D., 2000 Linglestown Road, Suite 205, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT DATE: Seal of to Court Prothonotary/Cl rk, Civil Dpi ' n Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17106 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717.237.7154 Attorneys for Defendants HAROLD D. WILCOX and TERESA A. WILCOX, IN THE COURT OF COMMON PLEAS his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-1967 V. CIVIL ACTION - LAW SUSAN A. MIXELL and DONALD E. MIXELL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Robert G. Sanford, M.D., 650 Poplar Church Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Comnlete copies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT:/? DATE: Seal o the ourt Civil Deputy THOMAS, THOMAS 8 HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.oom Attorney I.D. 88953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert B. Levy, D.O., 2411 Alexander Spring Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all medical records, reports, physical therapy records, treatment notes, diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 rt DATE: of Court Seal of BY THE COURT: Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.o. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237.7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRnAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Spring Road Family Practice, 1921 .Spring Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records, treatment notes, diagnostic studies writings correspondence etc for treatment rendered on behalf of Harold D. Wilcox. d/o/b: 10/24/57. at: Thomas. Thomas & Hafer, LLP 305 N. Front St. P .O. Box 999. Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: Seal of the Court BY THE COURT: Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 9% Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1'967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Oral and Maxillofacial, P.C., 238 Alexander Spring Road, Suite B, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, physical therapy records, treatment notes diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: 1, '2nos Seal of the Court BY THE COURT: Deputy Civil THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attomeys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Novinger's. Attn: Personnel Department, P.O. Box 60186, Harrisburg, PA 17106-0186 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all employment records, wave information, disability slips, disciplinary actions, medical records, claim notices, correspondence, documents, etc., including but not limited to, your entire file pertaining to Harold Wilcox, d/o/b: 10/24/57; ssn: 117-50- 5477. at: Thomas. Thomas & Hafer, LLP. 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant 17108-0999 DATE: /' Qt-*AOS Seal of re Court Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowellQtthlaw.oom Attorney I.D. 68953 717.237.7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF AND NOW, this day of I, Kate A. Wilhelm, a paralegal at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Philip S. Cosentino, Esquire; DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 " L?? Kate A. Wilhelm, Paralegal J-? n, u ? Y'' ?,;?, . ff ' ? . . ? " s . '? ?> zn ?. = 7 , z- `?} :.? THOMAS, THOMAS & HAFER, LLP 305 North Front Strmt P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717.237.7154 Attorneys for Defmdants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. A copy of the proposed subpoena is attached hereto; and 3. The subpoena which will be served is identical to the subpoena which is attached to this certificate. --t_ Date: 7 I1 3) 0 I 438117.1 By: & HAFER Attorney for Defendant THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpoweil@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Lancaster General Hospital, 555 North Duke Street, Lancaster PA 17601 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports treatment notes diaggostic studies writings, correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox d/o/b• 10/24/57. at: Thomas, Thomas & Hafer. LLP, 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108- 0999. 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: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: J F 1 a?? Seal of the Court ro ono/tary/Clerrk, Civil ])&' ion Deputy THOMAS, THOMAS & HAFEP, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powe14 Esquire dpowe11@tth1aw.com Auomey i.D. 68953 717.237-7154 Attomeys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day 2006, I, Kate A. Wilhelm, a paralegal at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Kate A. Wilhel egal THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. A copy of the proposed subpoena is attached hereto; and 3. The subpoena which will be served is identical to the subpoena which is attached to this certificate. THOMA THOMAS LLP Date: By: / 438117.2 W. DARREN POWELL ESQUIRE Attorney for Defendant THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TIDINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Todd Peterson, M.D., Summit Health Center, 757 Norland Avenue, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports physical therapy records treatment notes diagnostic studies writings correspondence, etc., for treatment rendered on behalf of Harold D. Wilcox, d/o/b: 10/24/57. at: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. 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 Fx: ith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: ALQ _Z Seal o the Court Pr onotar , Civi ivision Deputy THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HAROLD D. WILCOX and TERESA A. WILCOX, his wife, Plaintiffs V. SUSAN A. MIXELL and DONALD E. MIXELL, Defendants W. Darren Powell, Esquire dpowell@tthlaw.com Attorney 1.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1967 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of September, 2006, I, Kate A. Wilhelm, a paralegal at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Philip S. Cosentino, Esquire DILORETO, COSENTINO & BOLINGER, PC 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 Kate A. Wilhelm, Paralegal ?' c.? ?-- ' r_::s u-? -7-? ? ? .??'? I???' !? --1 -r Ti t'f - __ ? ._ -.. _?? .. 'r ? ?" ,-??f iF .s .? a? ?? ?? Curtis R. Long Prothonotary office of the Vrotbonotarp QCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573