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HomeMy WebLinkAbout09-4342 JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM : 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 the pleadings and Notice are served, 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 pleadings or for any other 6laim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU (AN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs JANEEN S. LAFAVER and : IN THE COURT OF COMMON PLEAS OF JON F. LAFAVER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. : NO. f - `/3f -2- CIVIL TERM CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs JANEEN S. LAFAVER and JON F. LAFAVER, are tidult individuals who reside at 120 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070, and who at all times relevant hereto have been husband and wife. I ' 2. Defendant CHRISTINE T. MYERS is an adult individual whose last known address is 336 North 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On December 13, 2007, at approximately 9:55 A.M., Defendant was proceeding in a northerly direction on South 32nd Street toward the intersection with Chestnut Street in the Borough of Camp Hill, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, traffic was controlled by a clearly visible traffic WAYNE F. SHADE Attorney at Law light at the intersection. 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. At the aforesaid time and place, it was daylight; and there were no atmospheric or meteorological conditions that were adverse to operation of a motor vehicle. 6. When Defendant reached the intersection of South 32nd Street and Chestnut Street, the traffic light that was controlling traffic at the intersection was red for Defendant. 7. Defendant proceeded into the intersection and collided with the vehicle that was being operated by Plaintiff Janeen S. Lafaver in a westerly direction on Chestnut Street and which had the green light. 8. Defendant's vehicle left no skid marks prior to the point of impact of the two vehicles. 9. Defendant's vehicle was stopped by the vehicle of Plaintiff Janeen S. Lafaver and her body. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 10. The collision was directly and proximately caused by the negligence, gross negligence, recklessness and willful disregard for the safety of Plaintiff Janeen S. Lafaver on the part of Defendant, in the following respects: (a) Operation of Defendant's vehicle in a careless, reckless and grossly negligent manner; (b) Operation of Defendant's vehicle at an excessive rate of speed under the circumstances; (c) Operation of Defendant's vehicle with no warning of approach or intended direction; (d) Operation of Defendant's vehicle in such a manner as to fail to have the vehicle under the proper control so as to be ablel to stop the vehicle at the stop sign as required by 75 Pa.C.S. §3324; (e) Operation of Defendant's vehicle without due regard to the rights, safety and position of Plaintiff Janeen S. Lafaver; (f) Failing to obey the traffic signal at the intersection; (g) Failing to maintain Defendant's vehicle under such control as to prevent it from striking the vehicle of Plaintiff Janleen S. Lafaver; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- (h) Failing to maintain a proper lookout; (i) Failing to observe the vehicle of Plaintiff Janeen S. Lafaver; 0) Upon observing the vehicle of Plaintiff Janeen S. Lafaver, failing to yield the right-of-way to the vehicle of Plaintiff Janeen S. Lafaver; (k) Failing to take evasive action in order to avoid impacting the vehicle of Plaintiff Janeen S. Lafaver; and (1) Failing to apply the brakes in sufficient time to avoid striking the vehicle of Plaintiff Janeen S. Lafaver. 11. At all times material hereto, Plaintiff Janeen S. Lafaver was acting with due care and was not contributorily negligent. 12. The force of the collision fractured the right foot of Plaintiff Janeen S. Lafaver and jammed it between the brake pedal and the gas pedal. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- 13. The right foot of Plaintiff Janeen S. Lafaver was pinned in that painful position for more than fifteen minutes until it was extricated with the assistance of the responding emergency medical technicians. 14. Plaintiff Janeen S. Lafaver also suffered trauma to her right leg and ankle, to her left leg, ankle and foot, and a violent blow to the left side of her head, all of which left her with severe bruising. 15. Although she was dazed, Plaintiff Janeen S. Lafaver never lost consciousness. 16. As a result of the conduct of Defendant, Plaintiff Janeen S. Lafaver suffered severe pain and suffering and serious interruptions to her daily habits and pursuits and enjoyment of life to her substantial detriment and loss. 17. Plaintiffs have lived in marital cohabitation continuously since the date of their marriage on July 1, 1961. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $50,000 plus costs and interest. all- CC- Wayne F. hade, Esquire Supreme Court I.D. #15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 05/28?A LETITIA ANNE ORTIZ DRIVER'S LICENSE NUMBER,: 24624796 217 W NORTH STREET BIRTH DATE: 11/18/64 ELIGIBILITY DATE: 07/16/10 CARLISLE PA 17013 Dear MS. ORTIZ : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be n tified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive., An ELIGIBILITY DATE is listed above. This is the date you afire eligible to have your driving privilege restored, provided no other iolations are processed against your driving record. This date: is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this; letter. TERM SUSPENSION/REVOCATION -You have a 18 MONTH(S) suspension/revocation that began (or will begin) on 01/16/09. Credit for serving this suspensi /revoca- tion began (or will begin) on 01/16/09 and will end on 07/16/10. The suspension/revocation resulted from a violation on 11/0.5/08 of Section 1547, CHEMICAL TEST REFUSAL LICENSE NO. : 24624796 PAGE 2 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with!, you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers ar0 provided for your use. To ensure prompt customer service, please write your driver's license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 07/16/10. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 AM t 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 05/28?A LETITIA ANNE ORTIZ 217 W NORTH STREET CARLISLE PA 17013 Dear MS. ORTIZ : DRIVER'S LICENSE NUMBE 24624796 BIRTH DATE: 11/18/64 ELIGIBILITY DATE;: 07/16/10 ICI II This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE HAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you a e eligible to have your driving privilege restored, provided no other violations are processed against your driving record. This date: is eff ctive regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restore Unless another address is indicated, return any documents an /or fees to the MAILING ADDRESS listed at the end of this letter. TERM SUSPENSION/REVOCATION -You have a 18 MONTH(S) suspension/revocation that began (or will begin) on 01/16/09. Credit for serving this suspensio tion began (or will begin) on 01/16/09 and will end on 07/1 The suspension/revocation resulted from a violation on 11/0 of Section 1547, CHEMICAL TEST REFUSAL /revoca- /10. /08 LICENSE NO. : 24624796 PAGE 2 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers area provided for your use. To ensure prompt customer service, please write your drivers license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 07/16/10. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 AM t?'o 6-00 PM) IN STATE 1-80I0-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 7 7-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING 171123 HARRISBURG, 'RGU, PA 05/28 LETITIA ANNE ORTIZ DRIVER'S LICENSE NUMBER;: 24624796 217 W NORTH STREET BIRTH DATE: 11/18/64 ELIGIBILITY DATE: 07/16/10 CARLISLE PA 17013 Dear MS. ORTIZ : This is a RESTORATION REQUIREMENTS LETTER. It lists what you must do to restore your driving privilege. PLEASE BE AWARE THAT THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be notified by the Department of Transportation (PennDOT) that your driving privilege has been restored. Only after that may you drive., An ELIGIBILITY DATE is listed above. This is the date you re eligible to have your driving privilege restored, provided no other iolations are processed against your driving record. This date: is effective regardless of any other dates listed within this letter. Please read the following information carefully and be sure to complete all requirements to have your driving privilege restored. Unless another address is indicated, return any documents and/or fees to the MAILING ADDRESS listed at the end of this letter. TERM SUSPENSION/REVOCATION -You have a 18 MONTH(S) suspension/revocation that began (o will begin) on 01/16/09. Credit for serving this stispensi /revoca- tion began (or will begin) on 01/16/09 and will end on 07/16/10. The suspension/revocation resulted from a violation on 11/05/08 of Section 1547, CHEMICAL TEST REFUSAL LICENSE NO. : 24624796 i PAGE 2 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your drivers license number, listed at the beginning of this letter, on all documents you send to PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 07/16/10. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 AM t 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE: 717-412-5380 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 05/28/ LETITIA ANNE ORTIZ 217 W NORTH STREET DRIVER'S LICENSE: NUMBE BIRTH DATE: ELIGIBILITY DATE; : CARLISLE PA 17013 Dear MS. ORTIZ : This is a RESTORATION REQUIREMENTS LETTER. It lists what yo must do to restore your driving privilege. PLEASE BE AWARE THIS LETTER DOES NOT AUTHORIZE YOU TO DRIVE. You will be no by the Department of Transportation (PennDOT) that your driv privilege has been restored. Only after that may you drive. An ELIGIBILITY DATE is listed above. This is the date you to have your driving privilege restored, provided no other are processed against your driving record. This date: is of regardless of any other dates listed within this letter. Please read the following information carefully and be sure complete all requirements to have your driving privilege re Unless another address is indicated, return any documents a fees to the MAILING ADDRESS listed at the end of this lette TERM SUSPENSION/REVOCATION -You have a 18 MONTH(S) suspension/revocation that began (o will begin) on 01/16/09. Credit for serving this SUspensi tion began (or will begin) on 01/16/09 and will end on 07/ The suspension/revocation resulted from a violation on 11/ of Section 1547, CHEMICAL TEST REFUSAL 24624796 11/18/64 07/16/10 ified ng e eligible olations ctive red. or /revoca- /10. /08 LICENSE NO. : 24624796 PAGE 2 This letter identified the requirements necessary to restore your driving privilege and we are looking forward to working with'you to do this. Unless another address was indicated, return any documents and/or fees to the MAILING ADDRESS listed below. Phone numbers are provided for your use. To ensure prompt customer service, please write your drivers license number, listed at the beginning of this let?er, on all documents you send to PENNDOT. Thank you. P.S. REMEMBER, your ELIGIBILITY DATE is 07/16/10. MAILING ADDRESS: PENNDOT Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (8:00 AM t 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and cortiect to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 25, 2009 aneen S. faver Jon F. Lafaver WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 50 1009 JUN 26 Ph 22 ?sS7 CK 7# Sheriffs Office of Cumberland County R Thomas Kline q tr cat z1fint"rrfr Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE ? ""RIFF Civil Process Sergeant Janeen S. Lafaver vs. Case Number Christine T. Myers 2009-4342 SHERIFF'S RETURN OF SERVICE 06/30/2009 05:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2009 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christine T. Myers, by making known unto herself personally, defendant at 336 North 26th Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 SO ANSWERS, July 01, 2009 R THOMAS KLINE, SHERIFF e?? 7Q ?- D puYty Sheriff 0 ?v r -- } -n Fri ' r n N C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs NO. 09-4342 CIVIL TERM V. CHRISTINE T. MYERS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Christine T. Myers, in-the above-captioned matter and mark the docket accordingly. Date: July _ 1_?2009 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 0,7?/?u MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Christine T. Myers l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and NO. 09-4342 CIVIL TERM JON F. LAFAVER, Plaintiffs V. CIVIL ACTION - LAW CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of July, 2009, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS .q j By ' MICHAEL B. CHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Christine T. Myers ?_ F1LFtr ..,, ,_ A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and NO. 09-4342 CIVIL TERM JON F. LAFAVER, : Plaintiffs V. CIVIL ACTION - LAW CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Janeen S. Lafaver and Jon F. Lafaver, Plaintiffs c/o Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: July, 2009 By: iA4 MMICHXE L B. HEIR, S IRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Christine T. Myers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. NO. 09-4342 CIVIL TERM CIVIL ACTION - LAW CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT COMES NOW, the Defendant, Christine T. Myers, by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and responds to the allegations in Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 7. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 8. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 9. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 10. Denied. This paragraph states a legal conclusion to which no response is required. 11. Denied. This paragraph states a legal conclusion to which no response is required. 12. Denied. This paragraph states a legal conclusion to which no response is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 2 13. Denied. This paragraph states a legal conclusion to which no response is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, the Defendant, Christine T. Myers, respectfully requests this Honorable Court to enter judgment in her favor, together with the costs of this lawsuit. 3 By way of further defense: NEW MATTER 18. Paragraphs 1 through 17 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. 19. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 20. Plaintiff's injuries, if any, may be barred or limited by a limited tort selection. 21. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 22. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 23. Plaintiff's damages were caused by her own conduct. WHEREFORE, the Defendant, Christine T. Myers, respectfully requests this Honorable Court to enter judgment in her favor, together with the costs of this lawsuit. Date: J 2009 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, E QUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendant, Christine T. Myers 4 VERIFICATION I, Christine T. Myers, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date:_ a B JUL 0 I , 2009 Cmotyd ./1 Christine T. Myers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and NO. 09-4342 CIVIL TERM JON F. LAFAVER, Plaintiffs V. CIVIL ACTION - LAW CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -,? 9 ?A day of July, 2009, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Answer with New Matter to Plaintiffs' Complaint, by United States First-Class Mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: v MIC AEL B. HEIB, ESQ RE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Christine T. Myers ,r.r G? .??au r. P7 <<?. ;, G?} `T ?. JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4342 CIVIL TERM : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER 18. The averments' of ¶ 18 of Defendant's New Matter, being at issue, no further response is required. 19. The averments' of ¶ 19 of Defendant's New Matter, being conclusions of law, no response is required. 20. The averments of ¶ 20 of Defendant's New Matter are denied. On the contrary, Plaintiffs aver that their applicable automobile insurance policy included the full tort option. 21. The averments of ¶ 21 of Defendant's New Matter are denied. On the contrary, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Plaintiffs aver that Defendant's negligence was the sole cause of the injuries to Plaintiffs. 22. The averments of ¶ 22 of Defendant's New Matter are denied. On the contrary, Plaintiffs aver that Defendant's negligence was the sole cause of the injuries to Plaintiffs. 23. The averments of ¶ 23 of Defendant's New Matter are denied. On the contrary, Plaintiffs aver that Defendant's negligence was the sole cause of the injuries to Plaintiffs. WHEREFORE, Plaintiffs respectfully request that Defendant's New Matter be dismissed and that judgment be entered in favor of Plaintiffs and against Defendant, together with the costs of suit. 6?? 1<? Wayne F Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire, states that he is the attorney for the party or parties filing the foregoing document; that he makes this verification with the authorization to do so and based upon facts which are within his knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 31, 2009 Wayne F /Shade WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 RLEL' THE 2 09 JUL 3 ! Fill r 2: ? ~~ i• ~~aU-~~= ~f C~: r- -~ n , ~ ,.r ~:,,. ~ • 'i ?~ ;~~~.~-s~F,~1 :~~rE PRAECIPE FOR LISTING CASE FOR TRIAL ~~~ P~~4~ - i PCB ~~ 4 (Must be typewritten and submitted in triplicate) `~~l~~~E~~~.~~ t~~Cl L~1~°~ ,.e, TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~ F 9;ti ~~ ~ " ~. 'i"r`' i~' ~°-. Please list the following case: X^ for JURY trial at the next term of civil court. ^ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JANEEN S. LAFAVER and JON F. LAFAVER (check one) X^ Civil Action -Law ^ Appeal from arbitration (other) (Plaintiff) vs. CHRISTINE T. MYERS (Defendant) vs. The trial list will be called on 01/04/2011 and Trials commence on January 31, 2011 Pretrials will be held on January 19, 2011 (Briefs are due S days before pretrials No. 09-4342 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Wayne F. Shade, Esquire Indicate trial counsel for other parties if known: Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins This case is ready for trial. Date: November 1, 2010 Signed: G(/~.L /~.~ Print Name: Wayne F. Shade Attorney for: Plaintiffs ~,5. D~ dad ~ G~~ ~~a~~s ~a~~ S It F n" L ?,i rJ ?t{ i' ..1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. NO. 09-4342 CIVIL TERM CIVIL ACTION - LAW CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF, JANEEN LAFAVER COMES NOW, Defendant, Christine T. Myers, by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and files the following Motion to Compel Independent Medical Examination of Plaintiff, Janeen Lafaver, and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident between the parties that occurred on December 13, 2007. 2. As a result of the accident, the Plaintiff alleges she sustained a right foot fracture, trauma to her right leg, right ankle, left leg, left ankle, left foot, and a closed head injury. See Plaintiffs Answer to Interrogatory #11 attached hereto as Exhibit "A"). 3. On November 6, 2008, the Plaintiff underwent a toe arthroplasty of digits 2, 3, and 4 in her right foot due to a diagnosis of contracted deformed toes, exostosis, and degenerative joint disease. The operation was performed by Todd Pelleschi, D.P.M., at Holy Spirit Hospital. See Holy Spirit Hospital medical records attached hereto as Exhibit `B"). 4. The Plaintiff alleges she will likely require future medical treatment as a result of the accident. See Plaintiffs Answer to Interrogatory #12 of Exhibit "A"). 5. In a report dated March 24, 2009, Dr. Pelleschi opined the accident caused the toe arthroplasty and that the Plaintiff may require future medical treatment because of the accident. (A true and correct copy of said report is attached hereto as Exhibit "C"). 6. As a result of the accident, the Plaintiff alleges overlapping of the toes in her right foot. See Page 41 and 42 of Plaintiffs Deposition Transcript attached hereto as Exhibit "D"). 7. Under Pa.R.C.P. 4010(a)(2), when the physical condition of a party is in controversy, the Court may order the party to submit to a physical examination. 8. Under Pa.R.C.P. 4010(a)(3), the Order may only be made upon motion for good cause shown. 9. In the instant case, the Plaintiff has put her physical condition in controversy by filing a Complaint alleging foot injuries stemming from the accident. 10. In addition, there is good cause for an Independent Medical Examination ("IME") because the Plaintiff is alleging ongoing complaints of toe overlapping and that she will likely require future medical treatment. 11. The Plaintiff previously agreed to an IME with Dr. Allan B. Grossman of the Harrisburg Foot and Ankle Center scheduled to take place on Wednesday, September 22, 2010. (A true and correct copy of a letter confirming the same is attached hereto as Exhibit "E"). 12. The September 22, 2010, IME did not take place because the Plaintiff appeared for the IME with her attorney who intended to take an audio recording. Dr. Grossman does not permit audio recordings. See Dr. Grossman's letter dated September 23, 2010, attached hereto as Exhibit "I"'). 13. The Plaintiff did not give any prior notice of her intention to take an audio recording as required by Pa.R.C.P. 4010(a)(5)(i). 14. If the Plaintiff gave reasonable notice of her intention to take an audio recording as required by Pa.R.C.P. 4010(a)(5)(i), then the Defendant could have scheduled the IME with a doctor who would permit an audio recording. 15. As a result of the Plaintiff's failure to comply with the Rules of Civil Procedure, the Defendant has incurred a fee of $1,295.00 with Dr. Grossman. (A true and correct copy of an Invoice indicating the same is attached hereto as Exhibit "G"). 16. Because the Plaintiff insists on taking an audio recording, Defendant is limited in podiatrists who will agree to perform the IME. 17. Defendant has scheduled the Plaintiff for an IME with Ramon Lopez, D.P.M., to take place on Tuesday, December 28, 2010, at 2:30 p.m. at One Bala Plaza, Suite 627, Bala Cynwyd, PA 19004-1499. 18. Defendant has confirmed that Dr. Lopez will permit an attorney to take an audio recording during the IME. 19. Defense counsel has offered to pay reasonable travel expenses to the Plaintiff for the IME with Dr. Lopez, but Plaintiffs counsel is objecting to the distance and demanding attorney fees. See E-mail from Plaintiff's counsel attached hereto as Exhibit "H") 20. The Rules of Civil Procedure do not provide for attorney fees to attend an IME. 21. On November 1, 2010, Plaintiff s counsel filed a Praecipe listing this case for the January 31, 2011 Trial Term, and further indicating this case is ready for trial. (A true and correct copy of the Praecipe listing this case for trial is attached hereto as Exhibit "I"). 22. Given that the IME has not yet taken place, this case is not ready for trial. 23. No judge has previously ruled on any issue in this case. 24. Defense counsel certifies that he sought the concurrence of Plaintiff's counsel to this Motion. Plaintiff s counsel does not concur. 25. Defense counsel requests oral argument on this Motion. WHEREFORE, the Defendant, Christine T. Myers, respectfully requests this Honorable Court enter an Order directing the Plaintiff to attend an IME with Dr. Lopez on Tuesday, December 28, 2010, at 2:30 p.m. at One Bala Plaza, Suite 627, Bala Cynwyd, PA 19004-1499. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: WV1 Z4,44 MIC L B. S HEIR, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendant, Christine T. Myers - m ??'8 Todd M. Pelleschi, D.P.M., Fishing Creek Professional Building, 564 Old York Road, Etters, PA 17319, for surgical resolution of the pain that resulted from the injuries suffered from the collision in this case. Jon F. Lafaver objects to this Interrogatory as irrelevant on the basis that his claims are confined to his derivative claims for loss of consortium and do not involve claims for injuries to his person. 10. Give the names and addresses of all hospitals where you have been either as an in-patient or an out-patient during the ten (10) years prior to the accident complained of and describe the condition which necessitated each such hospitalization. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) Janeen S. Lafaver has received treatment from the following hospitals where she has been treated during the ten years prior to the collision: (a) Harrisburg Hospital, Front Street, Harrisburg, PA, for right knee replacement; and (b) Holy Spirit Hospital, 503 North 21 st Street, Camp Hill, PA 17011, for examination and treatment of the injuries suffered in the collision in this case. Jon F. Lafaver objects to this Interrogatory as irrelevant on the basis that his claims are confined to his derivative claims for loss of consortium and do not involve claims for injuries to his person. 11. Of your own knowledge, what injuries did you receive in the accident involved in this case? (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) Janeen S. Lafaver suffered a fractured right foot, trauma to her right leg and ankle, to her left leg, ankle and foot, and a closed head injury. Jon F. Lafaver was not involved in the collision. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 12. Of your own knowledge, list any permanent scars, disfigurement, disabilities or discomforts growing out of the within accident. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) The treating surgeon, Todd M. Pelleschi, D.P.M., indicates that an injury of the nature that Janeen S. Lafaver suffered to her right foot will likely require future -3- treatment to control inflammatory processes associated with degenerative joint disease and shoe accommodations. Jon F. Lafaver objects to this Interrogatory as irrelevant on the basis that his claims are confined to his derivative claims for loss of consortium and do not involve claims for injuries to his person. 13. If you have been hospitalized by reasons of the accident herein sued upon, list the names and addresses of all such hospitals, clinics, or other medical institutions in which you were a patient as a result of this accident, giving the dates of confinement and the sums of money paid by you or on your behalf, or owing to each for services to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) Janeen S. Lafaver was examined at Holy Spirit Hospital, 503 North 21st Street, Camp Hill, PA 17011, on the date of her injury. She was also hospitalized at Holy Spirit Hospital on November 6, 2008, for surgical treatment of the effects of the fractures to her right foot. The total sum of money paid to all medical providers for her treatment was $5,247.54. 14. Please set forth the full name and address of each and every doctor or other medical person who has attended or examined you as a result of the within accident, and the sums of money paid or owing to each for services to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) Luke V. Chetlen, D.O. Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Neeti B. Goel, M.D. Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 WAYNE F. SHADI: Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 -4- E GMT *? DATE OF SURGERY: 11/06/2008 PREOPERATIVE DIAGNOSIS: Contracted deformed toes, 2, 3, 4, right. Exostosis. Degenerative joint disease. POSTOPERATIVE DIAGNOSIS: Same OPERATION: Arthroplasty, proximal interphalangeal joint, toes 2, 3, 4, right. Correction of dislocated metatarsal phalangeal joint with capsulotomy and Z-extensor tendon lengthening on the right second, third and fourth with .062 K wire internal fixation 2, 3, 4 SURGEON: TODD PELLESCHI, DPM ASSISTANT: ANESTHESIA: DATE: 11/0612008 OPERATIVE PROCEDURE: The patient was brought into the Operating Room and laid in the supine position at which time combination of IV sedation and ankle blocks were preformed on the right, draped and prepped in the usual sterile manner. Pneumatic ankle tourniquet to 250 mm of Mercury was placed about the right ankle for hemostasis. Surgery was initiated. Initially a long lazy S incision was performed from the middle phalanx second toe proximally to the surgical neck of the second metatarsal. The incision was deepened down through subcutaneous layers. Bleeders were identified and Bovie retracted as necessary. Sot tissue was freed from the extensor tendon over the proximal interphalangeal joint at which time a transverse incision was performed. The tendon and collateral ligament structures were freed from the head of the second proximal phalanx utilizing an oscillating saw. The head of the proximal phalanx was resected. Copious amounts of irrigation with normal sterile Saline were performed. Attention was then moved to the metatarsal phalangeal joint level and continued dissection to the tendon levels was performed. Bleeders were identified and Bovie retracted as necessary. The extensor tendon hood was releases medial and lateral followed by blunt dissection into the interspace medial and lateral. A medial and dorsal capsulotomy was performed followed by a Z extensor tendon lengthening which was secured with simple suture of 4-0 Vicryl. McGlamry elevator was then utilized to free the flexor plate and reduction in deformity was identified, irrigation was performed. At this time a .062 K wire was traversed through the middle and distal phalanx distally and then retrograded through the proximal phalanx, across the metatarsal phalangeal joint with the forefoot loaded. Stability was identified. The pin was bent, cut and capped. Closure was performed. The extensor tendon to the proximal interphalangeal joint Page 1 of 2 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Lafaver, Janeen S 17011 MR#: 091905 ROOM: OSR RECORD OF OPERATION ORIGINAL NAME: Lafaver, Jai seen S MR#: 091905 was closed with simple interrupted suture sterile orthopedic fashion 4-0 Vicryl for reapproximation of subcutaneous layer at the metatarsal phalangeal and proximal second toe with horizontal mattress of 4-0 Vicryl followed by reapproximation of skin with a running baseball stitch of 4-0 Prolene. Attention was then moved to the third toe. Identical dissection, arthroplasty, metatarsal phalangeal joint release and extensor tendon lengthening was performed. Pin insertion was identical and closure as well. Attention was then moved to the third toe. Again an identical incision arthroplasty with resection of the head of the proximal phalanx, correction of the metatarsal phalangeal joint level with capsulotomy, the extensor tendon lengthening and repair and closure with .062 K wire internal fixation. Prior to closure, injectables were Decadron and Marcaine. Xeroform, dry 44's, Kling and an Ace bandage completed bandaging. The patient tolerated the procedure well and left the operating room with vital signs stable and neurovascular status intact. The patient will be maintained partial weight-bearing on walker. Postoperative oral and written instructions were dispensed. The patient will control pain with Mobic 7.5 Mg. b.i.d. and Percocet 5 q. 4 H PRN pain. TODD PELLESC'HI, DPM TP/jr DOC #: 818507 D: 11/06/2008 5:21 P T: 11/07/2008 1:09 P 000307321 cc: TODD PELLESCHI, DPM Paoe2of2 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Lafaver, Janeen S 17011 MR#: 091905 ROOM: OSR RECORD OF OPERATION ORIGINAL E ` ST _ TODD M. PELLESCHI, D.P.M., F.A.C.F.A.S. DIPLOMATE. AMERICAN BOARD PODIATRIC SURGERY BOARD CERTIFIED. FOOT AND ANKLE SURGERY FISHING CREEK PROFESSIONAL BUILDING 564 OLD YORK ROAD ETTERS, PENNSYLVANIA 17319 TELEPHONE (717) 938-5200 FAX (717) 938-5230 March 24, 2009 Wayne F. Shade, Esquire RE: Janeen S. Lafaver Dear Mr. Shade: I appreciate your letter dated March 23, 2009 regarding-the need for a report on Janeen's history and outcome. I hope this report addresses the, imp^r*.ant.poiz-its. of her injury. and healing process, and if I can be of any further help, please do not hesitate tc., contact me. With regard to the history of the injury, I initially saw Janeen fog ,,.-s condition on January 18, 2008. She had been involved in a motor vehicla accident a month prior. She had pain and swelling in her right forefoct, and x-rays displayed fractures about the base of the second, third, and fourth metatarsal with evidence of bone callus formation and healing. At that time I suggested continued supportive shoe gear and offloading with a cane as the majority of the healing had taken place. I saw her ,.'Jr a _ sDiiow-up on `Lilt 14?' of FErhzuciry, related to continued pain and swelling, although imp'ro-ved. She subsequently returned to her normal activity and exercise, and was re-evaluated in August of 2008 with persistent pain in her toes. At that time she had sustained a varus deformity of the second, third, and fourth toes which was net present prior to the injury, and not present on the contralateral limb. Her continued pain resulted in sura'cal intervention. With the mechanism of her injury with the foot being jammed on the brake pedal, there was significant `orce t.. fracture the base of t`hle metatarsals and easily-disturb the .integrity of the metatarsophalangea;1. joint ligament strucr_ures. This combined with an antalgic gait in my opinion. {.urther contracted the lesser toes. We were unable to control her discomfort with shoe modifications and pain medication, and surgery was perforlnect on November n, 20138. Her healing course was unremarkable. As for her prognosis in the future, I believe on the short term,: she will have significant relief of discomfort, although with an injury of this extent it is easy to presume that arthritic changes could occur in RE: Janeen S. Lafaver Page 2 March 24, 2009 the mid foot as well as the metatarsophalangeal joints. In the future treatment may be necessary to control inflammatory processes associated with degenerative joint disease, and possible shoe accommodations. In my opinion I believe there is definitive reasonable medical certainty that the injury sustained in the motor vehicle accident on December 13, 2007 was the causative factor in her condition which required the surgery. I hope this addresses the situation. If I can clarify anything further, please do riot hesitate to contact me. Sincerely,-- Todd M. Pelleschi, D.P.M. TMP/cak YY? ?U •? P Exam./Scheib - Janeen Lafaver 41 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there. And -- yes, it seems apparent to me. Her foot didn't look like that after the surgery. BY MR. SCHEIB: Q. Okay. A. They are amateur photographs. Q.- Well, that's okay. I'm not being critical of that. The photograph -- And let me ask you this. There appears to be about 13 photographs and then three X-rays. And you think your son-in-law, Todd, took all of the photographs. Is that correct? A. As far as I can recall, yes. Q. And some of the photographs are clearly after your surgery? A. Yes. Q. And the photographs here that are marked, it says three N-O-V and the number two. There's two of them. It shows the toes on your right foot and sort of the big toe moving to the right and Toe'No. 2 moving to the left, in a nonmedical description. How long were your toes in that condition? A. It kept getting worse from the time I had seen Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 Exam./Scheib - Janeen Lafaver 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dr. Pelleschi in February until I saw him in August, but this got worse before the surgery could take place. Q. And that's not answering -- MR. SHADE: Could you-clarify what she meant when she said "this" for the record? BY MR. SCHEIB: Q. Well, my question was how long -- When did you first notice your toes being in that condition? A. Do you mean overlapping? Q. Yes. And that's -- I didn't use that term, but we'll call it a nonmedical term. The overlapping nature of those two toes, how long did that exist? A. At least July of 2008, which was even before I saw him, but in August. Q. Did the overlapping exist before this motor vehicle accident? A. Not at all. Q. Before the motor vehicle accident, would you ever wear sandals? A. Occasionally. Q. Would you wear them during the summer? A. Yes, if I wore them at all, they would definitely be. But only occasionally. Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ?? ?_ PF V : CO) LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS b CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE°+ *Also Member MD Bar 'LL.M (Taxalionk Woo Member CT Bar 'Also Member NY and D.C. Bars -Also Member NJ Bar +Bord Certified Civil Trial Attorney By the National Board of Trial Advocacy September 8, 2010 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757.3783 EMAIL jJ WEBSrM- www.aslse.oom HANOVER OFFICE 846 Broadway Hanover, PA 17331 (717) 637-0140 Michael B. Seheib's EMAIL MScheibilbaslsc.com Please reply to York office Re: Janeen S. LaFaver and Jon F. LaFaver v. Christine T. Myers Cumberland County C.C.P. No. 09-4342 .Civil Term. Dear Wayne: ANN MARGARET GRAB DAVID E. COOK GREGORY W. SAIR II ERICK V. VIOIAGO- JOHN C. PORTER- MICHAEL P. BIANCHINI Please allow this letter to confirm that I scheduled you client for an Independent Medical Examination to take place with Dr. Allan Grossman of Harrisburg Foot and Ankle Center on Wednesday, September 22, 2010, at 5:00 p.m., at his offices located at 4033 Linglestown Road, Suite 1, Harrisburg, PA 17112. Please make sure that your client is on time for the examination. It is my understanding from your e-mail that she is available on this date. If you have any questions, do not hesitate to contact me. Thank you. 'HEIB 09/23/2010 15:50 7176510001 HBGFOOTANDANKLE PAGE 02 % HARRISBURG FOOT AND ANKLE CENTER 0 ALLAN B. GROSSMAN, DPM, FACFAS, FAPWCA AMB L. TREASTER, DPM, AACFAS, AAPWCA DANIEL J. YARMEL, DPM, AACFAS, AAPWCA September 23, 2010 ?r To Whom It May Concern.: An INM was scheduled far September 22, 2010 for for 5:00 P.M. at Harrisburg Foot and Ankle Center. Dr. Grossman entered the treatment room to begin the l the treatment room with Ms. Waver. He introduced h informed Dr. Grossman that he would be recording the himself and left the room to check with the person who that the IME was scheduled with Amanda at MES and attorney to be present. Dr. Grossman reported to the attorney that he was welt evaluation and to take notes, but he would not be allovl between Dr. Grossman and the patient. It was at this p yelling at Dr. Grossman on what Dr. Grossman was to record the visit. Dr. Grossman tried to talk to him, but continued to yell and was belligerent and rude. It was told the attorney that he would not be conducting the 11 the room. A staff member went into the room to ask him to that he would leave when he was ready. The attorney was arrogant, rude and disrespectful not staff members as well. Thank you. Since?nely, Allan B. Grossman, DPM, FACFAS, FAPWCA Waver with Dr. Grossman 1E and noticed a gentleman in mself as Janeen's attorney and O. Dr. Grossman excused scheduled the HVIE. He was told here was no arrangement for the me to stay in the room during the 1 to record the conversation nt; that the attorney started and that he was allowed to > no avail since the awrmy that time, that Dr. Grossman E under these conditions and left leave and the attorney responded to Dr. Grown= but to other 4033 LINGLESTOWN ROAD PHONE (717) 651.00 FREDRICKSON CENTER SUITE 1 FAX (717) 651.0061 SUITE 209 MECHANICSBURG HARRISBURG, PA 17112 ?/?p(vharris?J?rafooianasnR .con , PA °E EXHW AES,--- SSINCE 1478 Invoice ill[ to: GRIFFITH, STRICKLER, LERMAN, SOLYMOS, AND CALKINS 110 SOUTH NORTHERN WAY YORK, PA 17402 Attention: MR ERIK VIOLAGO Claimant: LAFAVER, JANEEN S. glaim Number: Z0088786 DOI: 12113/2007 Date of Invoice: MES Number: 9/23/2010 21610008524 Doctor: ALLAN GROSSMAN NPI#: 1205822046 Specialty: Podiatry IDate of Service Description of Services Amount =9/22/10 APPOINTMENT NOT KEPT. PLEASE CALL TO 99499 1,295.00 RESCHEDULE. I c- I Total: Cash Received Balance 4temit to: Medical Evaluation Specialists, Inc. P.O. Box 64520 Detroit MI 48264-0520 (800) 942-5637 0 TAX ID #: 38-2193020 Thank you for your referral 23u i. BROAD STREET SUITE 501 PHILADELPHIA PA 19102 Phone: (800) 942-5637 Fax: (800) 5974550 $1,295.00 0.00 $1,295.00 Page 1 of 1 Erick Violago From: Wayne F. Shade [waynefshade@comcast.net] Sent: Tuesday, November 09, 2010 9:49 AM To: Erick Violago; Michael Scheib Subject: Laf aver v. Myers Mike and Erick: This will confirm the essentials of the brief telephone conversation yesterday from Erick to the effect that your office has authorization to pay our travel expenses to attend your defense medical examination but not the fees of this office. With that information, we urged your office to file a Motion to Compel Discovery immediately so that we can address the issues with the judge and avoid any delay in bringing the case to trial. If you do not move forward immediately, we will argue that your right to obtain a medical examination of Mrs. Lafaver is waived. Wayne Wayne F. Shade, Esquire Attorney-st-Law 53 West Pomfret Street Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 E-Mail: wavnelshadegbcomeast.net CONFIDENTIALITY NOTE: THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS ELECTRONIC MAIL MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS ELECTRONIC MAIL IN ERROR, PLEASE ACCEPT OUR APOLOGIES AND IMMEDIATELY DELETE IT, AS WELL AS NOTIFYING US OF THE ERROR BY REPLYING TO THIS ELECTRONIC MAIL OR CALL US AT 800-243-0220. 11/9/2010 EXH WT CIT i ;J PRAECIPE FOR LISTING CASE'MQRMRLhAL p l (Must be typewritten and submitted k'4 !p"Lc#pq) J J???.I o t } 'Pei . TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: © for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JANEEN S. LAFAVER and JON F. LAFAVER (other) (Plaintiff) VS. The trial list will be called on 01104/2011 and CHRISTINE T. MYERS Trials commence on January 31, 2011 (Defendant) Pretrials will be held on January 19, 2011 vs. (Briefs are due S days before pretrials No. 09-4342 , Civil Term Indicate the attorney who will try case for the party who files this praecipe: Wayne F. Shade, Esquire Indicate trial counsel for other parties if known: Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins This case is ready for trial. Signed: _ ao& /6?' 41 Print Name: Wayne F. Shade (check one) Q Civil Action - Law ? Appeal from arbitration Date: November 1, 2010 Attorney for: Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant NO. 09-4342 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this i? day of November, 2010, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendant's Motion to Compel Independent Medical Examination of Plaintiff, Janeen Lafaver, by United States First-Class Mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN SOLY S & A S By: MI L B. HEIB, ESQ RE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendant, Christine T. Myers Y JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4342 CIVIL TERM ORDER OF COURT AND NOW, this 22°a day of NOVEMBER, 2010, a Rule is issued upon Plaintiffs to Show Cause why the requested relief should not be granted. Rule returnable MONDAY, DECEMBER 13, 2010, at 3:30 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. 17013. By the Court, .000 Edward E. Guido, J. Wayne F. Shade, Esquire ? A;-r-, Gk V. v, 0 /a 01 ESx ? Michael B. Scheib, Esquire 6J :sld e0p; e3 led - -O f f~? .vim A.)-ho FILED-OFFICE CSI" THE PROTHONOTARY 2010 DEC -9 PM 1:40 JANEEN S. LAFAVER and Joi %'IUNTY lainti s V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4342 CIVIL TERM : JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiffs JANEEN S. LAFAVER and JON F. LAFAVER object to the proposed subpoena that is attached to these objections for the following reasons. Defendant apparently uses an agency other than her legal counsel to issue discovery. That agency is a company by the name of Litigation Solutions, LLC, from Pittsburgh, Pennsylvania. Litigation Solutions, LLC, issued a subpoena upon Dr. Pelleschi dated April 14, 2010. On or about July 20, 2010, Dr. Pelleschi's office provided to Litigation Solutions, LLC, all of his x-ray negatives in connection with the treatment of Mrs. Lafaver. On November 9, 2010, counsel for Defendant indicated that the x-ray negatives had been lost and requested that Plaintiffs agree to the issuance of a second subpoena for the x-ray negatives. We responded that we would object to the issuance of a second subpoena for the x-rays where Defendant was seeking to compel us to travel more than 100 miles for a defense medical examination while refusing to respond to our written WAYNE F_S DE Attorney at Law inquiry of October 22, 2010, as to all of the podiatrists or other physicians in central 53 West Pomfret street Carlisle, Pennsylvania 17013 Pennsylvania whom Defendant has asked to conduct an audio-recorded examination of Mrs. Lafaver with counsel present in accordance with the provisions of Pa.R.Civ.P. 4010. Defendant confirmed actual knowledge of our objection to the issuance of a second subpoena for the x-ray negatives of Mrs. Lafaver in writing on November 24, 2010. On November 29, 2010, Litigation Solutions, LLC, issued notice of the intent to issue a second subpoena for the x-rays of Mrs. Lafaver. With knowledge of Plaintiffs' objection to the issuance of a second subpoena for the x-rays of Mrs. Lafaver, representatives of Litigation Solutions, LLC, contacted the office of Dr. Pelleschi on December 3, 2010, fourteen days prior to expiration of the time for filing objections to the second subpoena for the x-rays of Mrs. Lafaver. Litigation Solutions, LLC, insisted that the office of Dr. Pelleschi release the x-ray negatives immediately and accused Dr. Pelleschi's office of delaying the case by refusing to do so. Plaintiffs object to the issuance of a second subpoena for the x-rays of Mrs. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Lafaver on the basis that it is part of a pattern of an abuse of discovery that results in burdens upon the treating physician of Mrs. Lafaver, who will be testifying as an expert witness for Plaintiffs in the case. Plaintiffs maintain that it is difficult enough for injured parties to take physicians away from the demands of patient treatment to testify in support of claims for compensation without being badgered by agents of Defendant with serial -2- requests for the same information and while refusing to respect the rights of Plaintiff's to object. Date: December 9, 2010 t?? e4 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-4342 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiffs' Objections to Subpoena Pursuant to Rule 4009.21 in the above-captioned matter upon Defendant herein by first class United States mail, postage prepaid, to her counsel of record, Michael B. Scheib, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, Pennsylvania 17402. Date: December 9, 2010 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiffs =m:Erinn Redd (eredd0,litsol.com) To:Wayne F. Shade, Esquire (17172490017) 16:35 1112911 OG MT-05 Pg 05-06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Janeen S. LaFover and Jon F. LaFaver Plaintiff File No. 09-4342 vs. Christine T. Myers Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Todd Pelleschi (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached rider at 101 Towne Square Way, Suite 251, Pittsburgh, PA 15277 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:Eri ck Vmol a9et F.ca tl_; re ADDRESS: York, PA 11fluz TELEPHONE: SUPREME COURT ID # 2 0 2 3 4 4 ATTORNEY FOR: Defense Date:y Seal of the C6urt BY THECO 1,7 n Civil Division Deputy 11/29/2010 4:40PM [Job No. 54321 Z0005 FILED-OFFICE OF THE PROTHONOTARY CU R ANN C 0 U TY YLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant NO. 09-4342 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COME NOW, Defendant, Christine T. Myers, by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and Erick V. Violago, Esquire, and files the following Motion to Quash Plaintiffs' Objection to Subpoena of Films from Todd Pelleschi, D.P.M., and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident between the parties that occurred on December 13, 2007. 2. In a report dated March 24, 2009, Dr. Pelleschi opined the accident caused the Plaintiff to undergo a toe arthroplasty, and that the Plaintiff may require future medical treatment because of the accident. (A true and correct copy of said report is attached hereto as Exhibit "A"). 3. As a result of the accident, the Plaintiff further alleges overlapping of the toes in her right foot. (See Page 41 and 42 of Plaintiff's Deposition Transcript attached hereto as Exhibit "B") 4. The Plaintiff underwent numerous right foot x-rays while treating with Dr. Pelleschi, specifically on February 141 2008; November 11, 2008; December 1, 2008; and December 15, 2008. (A true and correct copy of these medical records is attached hereto as Exhibit "C"). 5. Defendant previously obtained these films pursuant to a subpoena. 6. Defendant scheduled the Plaintiff for an IME with Dr. Allan B. Grossman of the Harrisburg Foot and Ankle Center, to take place on Wednesday, September 22, 2010. Dr. Grossman was provided with the films. 7. The September 22, 2010, IME did not take place because the Plaintiff appeared for the IME with her attorney who intended to take an audio recording, and Dr. Grossman does not permit audio recordings. At that time, Plaintiff's counsel yelled at Dr. Grossman and became "belligerent." (See Dr. Grossman's letter dated September 23, 2010, attached hereto as Exhibit "D" ). 8. The Plaintiff did not give any prior notice of her intention to take an audio recording as required by Pa.R.C.P. 4010(a)(5)(i). 9. If the Plaintiff gave reasonable notice of her intention to take an audio recording as required by Pa.R.C.P. 4010(a)(5)(i), then the Defendant could have scheduled the IME with a doctor who would permit an audio recording. 10. As a result of the Plaintiff's failure to comply with the Rules of Civil Procedure, the Defendant has incurred a fee of $1,2195.00 with Dr. Grossman. (A true and correct copy of an Invoice indicating the same is attached hereto as Exhibit "E"). 11. On November 1, 2010, Plaintiff's counsel filed a Praecipe listing this case for the January 31, 2011 Trial Term, and further indicating this case is ready for trial. (A true and correct copy of the Praecipe listing this case for trial is attached hereto as Exhibit "F"). 12. Given that the IME has not yet taken place, this case is not ready for trial. 13. Because the Plaintiff insists on taking an audio recording, Defendant is limited in podiatrists who will agree to perform the IME. 14. Defendant scheduled the Plaintiff for an IME with Ramon Lopez, D.P.M., to take place on Tuesday, December 28, 2010, in Bala Cynwyd, PA. Defendant has confirmed that Dr. Lopez will permit an attorney to take an audio recording during the IME. 15. There is currently a pending Motion to Compel said IME. 16. Defendant will need to provide Dr. Lopez with the Plaintiffs films in connection with the IME. 17. On or about November 9, 2010, Attorney Violago contacted Dr. Grossman's office about returning the Plaintiffs records and films so that they could be provided to Dr. Lopez. Dr. Grossman's office indicated they were unable to find the records and films at that time, but would search their office again. 18. On or about November 9, 2010, Attorney Violago contacted Plaintiff s counsel because it appeared that Dr. Grossman lost the films. Plaintiffs counsel yelled at Attorney Violago and indicated he would object to another subpoena of Dr. Pelleschi's films, because it would place an undue burden on the doctor. 19. Attorney Violago had numerous conversations with Dr. Grossman after November 9, 2010, to follow-up on the missing records and, films. Eventually, Dr. Grossman's office indicated they were never provided with the records and films. 20. By telephone conversation and letter dated November 15, 2010, Defense counsel provided Dr. Grossman with evidence that Dr. Grossman received the records and films. (A true and correct copy of said letter is attached hereto as Exhibit "G"). 21. On November 16, 2010, Dr. Grossman personally admitted to Attorney Violago that he lost the records and films. 22. As such, Defendant was left with no choice but to subpoena the films from Dr. Pelleschi again so that Dr. Lopez may review them in connection with an IME. 23. On November 18, 2010, Attorney Violago instructed his document retrieval company to obtain another subpoena of Dr. Pelleschi's films. 24. On November 29, 2010, a Notice of Intent for another subpoena of Dr. Pelleschi's films was issued. (A true and correct copy of the Notice of Intent is attached hereto as Exhibit "H7)\ 25. On December 9, 2010, Plaintiff's counsel filed objections to the subpoena and served Defendant with the objections by facsimile. (A true and correct copy of said objections is attached hereto as Exhibit "I") 26. As such, Attorney Violago has instructed his document retrieval company not to serve the subpoena. 27. Plaintiffs objections misrepresent to the court a telephone call that took place on December 3, 2010, with Dr. Pelleschi. Plaintiff claims that Defendant's document retrieval company contacted Dr. Pelleschi and demanded he release the films immediately. (See Exhibit 46777) 28. Plaintiff's counsel had no personal knowledge of this telephone call. 29. At no time did Defendant's document retrieval company contact Dr. Pelleschi's office on that day. 30. To the contrary, on December 3, 2010, Attorney Violago spoke with Dr. Pelleschi's Office Manager, "Stephanie." Attorney Violago gave her a summary of this dispute and inquired how much of a burden it would be to produce the films again, which is the basis of Plaintiff's objection. 31. Stephanie indicated that they are a small office, and as such, someone from their office would need to physically drive the films over to the copy place to have them copied. 32. Attorney Violago asked whether there would be any other burdens, to which Stephanie replied that the only other burden she could think of at that time would be to place a phone call to the copy place to arrange for the delivery and receipt of the films. 33. Attorney Violago is willing to make all the arrangements to have the films copied including arranging for a courier to pick up the films. As such, there would be no burden to Dr. Pelleschi other than handing the films to the courier. 34. Accordingly, Plaintiff would have no basis for an objection. 35. Defendant will be unfairly prejudiced if Dr. Lopez is not able to review the films for an IME. Plaintiff's expert, Dr. Pelleschi, has reviewed the films. If Dr. Lopez is not able to review the films and is deposed in this case, without a doubt, Plaintiff's counsel will cross- examine Dr. Lopez about his failure to review any films as pant of his IME. 36. Attorney Violago contacted Plaintiffs' counsel about this Motion. Plaintiffs' counsel does not concur. 37. On November 22, 2010, the Honorable Edward Guido issued a Rule to Show Cause on the Motion to Compel IME. WHEREFORE, the Defendant, Christine T. Myers, respectfully requests this Honorable Court issue an order quashing the objection to the subpoena of Dr. Pelleschi's films and rule that said subpoena is valid. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKIN By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 ERICK V. VIOLAGO, ESQUIRE Supreme Court I.D. No. 202344 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorneys for Defendant, Christine T. Myers DEFENDANT'S EXHIBIT "A" TODD M. PELLESCHI, D.P.M., F.A.C.F.A.S. DIPLOMATE, AMERICAN BOARD PODIATRIC SURGERY BOARD CERTIFIED, FOOT AND ANKLE SURGERY FISHING CREEK PROFESSIONAL BUILDING 564 OLD YORK ROAD ETTERS, PENNSYLVANIA 17319 TELEPHONE (717) 938-5200' FAX (717) 938-5230 March 24, 2009 Wayne F. Shade, Esquire RE: Janeen S. Lafaver Dear Mr.. Shade: I appreciate your letter dated March 23, 2009 regarding the need for a report on Janeen' s history and outcome. I hope this report addze_;st: s the import_an.t.points of her injury and healing process, and if I can be of anJ.- further help, please do not hesitate to contact me. With regard to the history of the injure, I initially saw Janeen fog this condition on January 18, 2008. She had been involved in a motor vehicle accident a month prior. She had pain and swelling in her right forefoot, and x-rays displayed fractures about the base of the second, third, and fourth metatarsal with evidence of bone callus formation and healing. At that time.I suggested continued supportive shoe gear and offloading with a cane as the majority of the healing had taken place. I saw her ror a ._ol ow-up on of Fei:j';ii:y, i.i•,i s:e relatc d t continued pain and swelling, although impro-?,ed. She subsequently returned to her normal activity and exercise, and was re-evaluated in August of 2008 with persistent pain in her toes. At that time she had sustained a. varus deformity of the second, third, and fourth toes which was nct present prior to the injury, and not present on the contralater.al limb. Her continued pain resulted in sura-ca,1 intervention. With the mecha?ndsm of her inj,-irV with the foot being jammed on the brake pedal., t`:ere w3Ez si! nifiuanr `orcc? t^.• fracture the base of I7? eta.tar . sals Civ easii,' distU.r;7 the integrity o the metata__sophalan.gea 3Ci1-t 1_gamer,,_ struci ores . This combined with an antalgic qait in my opi nion furt- contracted the lesser toes. We were Unable to control her discomfort with shoe modifications and pain medication, and surgery was perfcrmed on November 6, 2008. Her healing course was unremarkable. As for her prognosis in the future, I believe on the short term she wilt. hav(- sLgn.ificant relief of discomfort, although with an injury of this extort :it i.s easy to presume that arthritic changes could occur in RE: Janeen S. Lafaver Page 2 March 24, 2009 the mid foot as well as the metatarsophalangeal joints. In the future treatment may be necessary to control inflammatory processes associated with degenerative joint disease, and possible shoe accommodations. In my opinion I believe there is definitive reasonable medical certainty that the injury sustained in the motor vehicle accident on December 13, 2007 was the causative factor in her condition which required the surgery. I hope this addresses the situation. If I can clarify anything furti-Ler, please do not hesitate to contact me. Sincerely, Todd M. Pelleschi, D.P.M. TMP/cak DEFENDANT'S EXHIBIT "B" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Scheib - Janeen Lafaver there. And -- yes, its seems apparent to me. Her foot didn't look like that after the surgery. BY MR. SCHEIB: Q. Okay. A. They are amateur photographs. Q. Well, that's okay. I, ,m not being critical of that. The photograph --IAnd let me ask you this. There appears to be about 13 photographs and then three X-rays. And you think your son-in-law, Todd, tooklllall of the photographs. Is that correct? A. As far as.I can recalls yes. Q. And some of the photographs are clearly after your surgery? A. Yes. Q. And the photographs here that are marked, it says three N-O-V and the number two. There's two of them. It showsl,the toes on your right foot and sort of the big toe moving to the right and Toe No. 2 moving tq the left, in a nonmedical description. l' How long were your toes in that condition? A. It kept getting worse from the time I had seen Filius & McLucas Repor?ing Service, Inc. Harrisburg 717-236-0623 York 717-"5-6418 PA 1-800-233-9327 41 Exam./Scheib - Janeen Lafaver 42 1 Dr. Pelleschi in Febru ?ry until I saw him in 2 August, but this got w orse before the surgery 3 could take place. 4 Q. And that's not answeri g -- 5 MR. SHADE: Could you clarify what she 6 meant when she said "t his" for the record? 7 BY MR. SCHEIB: 8 Q. Well, my question was ?ow long -- When did you 9 first notice your toesl being in that condition? 10 A. Do you mean overlappin g? 11 Q. Yes. And that's -- I didn't use that term, but 12 we'll call it a nonmed cal term. The 13 overlapping nature of , hose two toes, how long 14 did that exist? 15 A. At least July of 2008,!, l which was even before I 16 l saw him, but in August . 17 Q. Did the overlapping ex ist before this motor 18 vehicle accident? 19 A. Not at all. 20 Q. Before the motor vehic le accident, would you 21 ever wear sandals? 22 A. Occasionally. 23 Q. Would you wear them du ring the summer? 24 A. Yes, if I wore them at all, they would 25 definitely be. But on ly occasionally. Filius & McLucas Re rting Service, Inc. Harrisburg 717-236-0623 York 71 -845-6418 PA 1-800-233-9327 DEFENDANT'S IT "C" % 7 , `? s .dam JANEEN LAFAVER-01/18/08: X-r al MO LO of th f?right_oot., display a fracture transverse a out the base of the third metatarsi an •?ta a lesser degree the second and fourth metatarsals. There is evidence of bone callus formation, and cortical and trabecular healing process intact which is sufficient for four weeks post injury. She is ambulating in an SAS walking shoe without difficulty. I suggested the use of a cane in her opposite hand and continue supportive shoe gear. I made her aware of the healing fracture. I plan to check her in, 3-4 weeks to-monitor her progress, and xe-x-ray to confirm complete healing of the fracture, Will fQXNaXj? Dr. Little information regarding her situation. Tx: Update H&P, r ys 4 ;cahro ews o e right foot, consultation, avulsion of hallux nai orders for 'c par nychia. .V 'ANEEN LAFAVER - 2/14/08: F/U fr.acture, met base, 2, 3 R Post MVA, improving. mbulating without cane. St-ill-'having-some aching and swelling, but much etter. Ambulating in an athletic shoe. Objective findings: Decreased edema nd tenderness right mid foot. --ray AP lateral right foot dispIV continued healing evidence. Bone callus ase second and third met shafWg?i?on odayreviewed minimizing use of treadmill ver the next month. May use er hould do well. R/A Con ue.supportive shoe gear. p.r.n. 07/20/2010 11:05 7179385910 TODD PELLESCHI nPM PAGE 11t16 JANEEN LAFAVER - 11/7/08: Phone call to patien . Doing well post op. Reviewed postoperative instructions and medication..?_._....pa. ent to call if problems. 67ANEEN .LAFAVER P'eased with progress. Baa Doing well. j n age xeno ed. Wound of infection. Mild erythema seen. Slight ecch] rectus alignment of digit. DSD re-applied, X--ra5 right foot display arthroplasty sites and pin ) Of digits, 2, 3, 4. No soft tissue gas or signs ?.ext week to monitor progress. Continue walker dith surgical, shoe only. --?- JANEEN LAFAVER - 21/19/0$: POD13. ng well. Suture removed. Wounds without signDs1of infecti :lean. DSD reapplied. Patient to maintain elev 'n of walker. Will check in ten da supportive measures. Ys to pu POD f iscomfor Infect t. To a n age removed. Pin sites c. do ng ion. Mild edema forefoot. toes were pulled. Slight hemorrhage davaiilablefa Betadine Polysporin, dry s rays obtained AP lateral of texile dressing applie Position of the Second, thirdhand?four Display s toes Soft tissue gas. Normal cortical and trab ecu Studies. Rx: Patient to maintain dry steriledr l. :hen she may bath. Dispense Coban to wrap secon knd compression stocking medium to be worm dad ?Yv ,urgical shoe. We will check in two w?Y s. CXT. INEEN ..-:_?---?''I'll LAFAVER - 12/15/ 8: Pi OD 54;1 w,eks~doin we. 1xious o rY s s. o a g R'llft pitting, sl. atatarsophalangeal joints, although minimal. Rai .tatarsophalangeal joints ri?Tht. ,rays lateral right di to arthroplasty sites. There is no splay evidence lofnc .slue edema remain, unchanged cortical and trabec udies. day z discussed regarding easing into accommodat re reviewed today. She may only tolerate them f t she is to continue progressing and return back mpression stocking dispensed. Ultzasou tient in ones- 'o monitor pro .de 'd evalui laving absolutely no pain. rite is well-coapted. No signs mosi.s. Pin site is stable and s obtained AP lateral of the acement with rectus alignment of pathology. Check patient and minimize weight bearing 10 pain. Bandage changed. n, well-coapted. Pin sites tion. Ma we n to use of cane l pins re-x? ray. ?aviewed well- Having minimal ean. No drainage. No signs of the second, third and fourth t pin site without. purulence. d to digits and forefoot. X-. table alignment in rectus Jo signs of osteomyelitis or patterns compared, to previous assing forty-eight hours and r a rth. toes daily 76ontinu e'ele v ion and ressing well 1. Progressing nicely. ght tenderness over ge of motion limited and complete bone healing of teomyelitis. Mild soft lar patterns from previous ell hoou r all hour or two initially, urgical shoe as needed. given Will check to return to ctivity. DEFENDANT'S EXHIBIT "D" 23/2010 15:50 7176510001 .r A¦ HARRISBURG HBGFOOTAND44,a-E PAGE 02 FOOT AN Q A KLE CENTER W September 23, 2010 To Whom It May Concern.: ALLAN An THE was scheduled for September 22, 2010 for for 5:00 P.M. at Harrisburg Foot and Ankle Center.. Dr.. Grossman entered the treatment room to begin the ] the treatment room with Ms. Waver.. He introduced h informed Dr. Grossman that he would be recording the himself and left the room to check with the person wha that the RviE was scheduled with Amanda at MES and attorney to be present. Dr. Grossman reported to the attorney that he was welc evaluation and to take notes, but he would not be allom between Dr. Grossman and the patient. It was at this p yelling at Dr. Grossman on what Dr. Grossman was to record the visit. Dr. Grossman tried to talk to him, but continued to yell and was belligerent and rude. It was told the attorney that he would not be conducting the D the room. A staff member went into the room to ask him to that he would leave when he was ready. The attorney was arrogant, rude and disrespectful not staff members as well. 't'hank you. sincerely, Allan B. Grossman, DPM, FACFAS, T-APWCA OSSMAN, DPM, FACFAS, FAPWCA EASTER, DPM, AACFAS, AAPWCA YARMEL, DPM, AACIFAS, AAPWCA with Dr. Grossman and noticed a gentleman in If as Janeen's attorney and ?,. Dr. Grossman excused puled the RAE. He was told was no arrangement for the to stay in the room during the record the conversation that the attorney started id that he was allowed to 3 avail since the attorney d time, that Dr. Grossman nder these conditions and left and the attomey responded to Dr. Grossn= but to other PHONE (717) 551-00 0 FREDRICKSON CENTER 4033 LINGLESTOWN ROAD FAX (717) 651-0001 SUITE 209 SUITE 1 arras a kLe.com MECHANICSBURG, PA HARRISBURG, PA 17112 DEFENDANT'S EXHI81T "E" Invoice Bill to: GRIFFITH, STRICKLER, LERMAN, SOLYMOS, AND CALKINS ,. 110 SOUTH NORTHERN WAY " YORK, PA 17402 Attention: MR ERIK VIOLAGO Claimant: LAFAVER, JANEEN -S. Maim Number: Z0088786 DOI: 12/13/2007 Doctor: ALLAN GROSSMAN Specialty: Podiatry 11 bate of Service =9/22/10 NPI#: 1205822046 Description of Services APPOINTMENT NOT KEPT. PLEASE CALL TO RESCHEDULE. 99499 1,295.00 Total: $1,295.00 Cash Received 0.00 Balance $1,295.00 s 6 :er it to; Medical Evaluation Specialists, Inc. P.O. Box 64520 Detroit MI 48264-0520 (800) 942-5637 23U i. BROAD STREET SUITE 501 PHILADELPHIA PA 19102 Phone: (800) 942-5637 Fax: (800) 597-4550 Date of Invoice: MES Number: 9/23/2010 21610008524 Amount TAX ID #: 38-2193020 Thank you for your referral I, DEFENDANT'S EXHIBIT "F" 1. .il.l._ AIt. PRAECIPE FOR LISTING CASE, TRIAtL n. r (Must be typewritten and submitte_dJd.t TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X? for JURY trial at the next term o civil court. ? for trial without a jury. --------------------------- CAPTION OF CASE (entire caption must be stated in full). JANEEN S. LAFAVER and JON F. LAFAVER (other) vs. CHRISTINE T. MYERS (Plaintiff) (Defendant) The trial list and be called on 01/04/2011 (check one) X1 Civil Action - Law ? Appeal from arbitration Trials comm?nce on January 31, 2011 Pretrials wi (Briefs are G No. 09-4342 vs. be held on January 19, 2011 e S days before pretrials Civil Term Indicate the attorney who will try case for the party who files t is praecipe: Wayne F. Shade, Esquire Signed: OV W?K Print Name: Wayne F. Shade Indicate trial counsel for other parties if known: Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Soly os & Calkins This case is ready for trial. Date: November 1, 2010 Attorney for: laintiffs DEFENDANT'S EXHIBIT "G" LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOL ROBERT H. GRIFFITH (1928-2009) MICHAEL P. BIANCHINI (1939-2010) ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE°+ *Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy 110 S. NORTHERN WAY YORK; PENNSYLVANIA 17402 TELEPHONE: (717) 757-7602 FAX (717) 757-3783 EMAIL: info(Maslsc.com WEBSITE: www.aslsc.com HANOVER OFFICE 846 Broadway Hanover, PA 17331 (717) 637-0140 Erick V, Violago's EMAIL: Eviolaoof6laslsc. Please reply to York office Sent via fax only to: (717) 651-0001 November 15, 2010 Attention: Ed Ravenstein Dr. Allan Grossman Harrisburg Foot and Ankle Center 4033 Linglestown Road, Suite 1 Harrisburg, PA 17112 Re: Janeen S. LaFaver and Jon F. LaFaver v. Cumberland County C.C.P. No. 09-4342 Civil T Dear Mr. Ravenstein: Please allow this letter to confirm my conversations with k September 15, 2010, a 2.0 lbs package was shipped to } medical records and films of Janeen LaFaver. You sigl September 16, 2010. Attached please find the FedEx receil conversation with Karen, it is my understanding that your records and films. This is an extremel}v time-sensitive ma the above-captioned lawsuit. As such, please contact me discuss the same. I look forward to hearing from you. Thank you. & CALKINS ANN MARGARET GRAB DAVID E. COOK GREGORY W. BAIR II ERICK V. VIOLAGO- JOHN C. PORTER- T. Myers ren and Judy from your office. On jr office via FedEx including the I for receipt of this package on indicating the same. Based on my ffice cannot currently locate these soon as possible so that we may r EWaeol I Cus.nmer Support I FedFJ Locations earth Go Detailed Results Printar-FdarW14 Got Link Hsi Enterindrhp nunlbar Tracking no.: 79391600 230 Select time format !21112411 E-mail oodao"n Delivered Initiated Picked up In transit Delivered Delivered Signed for by: C.R4VENSTIEN Shipment Dates Destination Shb date C3Sep 15, 2010 HARRISBURG, PA Deliverydate T Sap 16, 20 0 9:38 AM fiignature Prod of DeHerv Shipment Options Ids Hold at FadEx Location tide at FedEx Location x is not available for this shipment Shipment Facts HI Service type Pdo ty Pak Delivered to ReceplionisUFrord Desk Weight 2.0 I WA kg Reference Myers v. LaFever Shipment Travel History it Soled time zone: Loot scan sne .. 1 ,.., All shipment travel activity is splayed in local time for the location •,?hlIlm! _. _. 1Activity (Location Details Sep 16, 2010 9:38 AM Delivered HARRISBURG, PA Sep 16, 2010 7:58 AM At foal FedEx facility ! MIDDLETOWN, PA '; Sep 15, 2010 9:14 PM At deg sort facility ;MIDDLETOWN, PA Sep 15, 2010 8:30 PM Left FedEx origin facility YORK, PA Sep 15, 2010 6:11 PM ' Picked up ;YORK, PA Sep 15, 2010 1:50 PM SNpment Information sent to FedEx I --? Sign Up for FedE?' Billing Online Plus ff lI to save paper, Save time and enter IW I for a chance to win - Lem sere r OIotW Nome 1 Snetl Business CeMsr IlSarv ca Info I ADwrt Fed& 1 InvMa Relations I c- I ledrx.?Tsma or Uas I Prwacy Fairy I Su. Map This sks Is protsebd by eopydgM m' trademark hwe under US and International law. AA rights wood. O 1098- 2010 FedEx I V ' PackagelEnvelope Freight Expedited ?!: office/Print Services* Ship r Track Manager Business Solutions r DEFENDANT'S EXHIBIT "H" PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAN ]aneen S. LaFaver and ion F. LaFaver Court of Common Pleas VS. Christine T. Myers 09-4342 Civil Term NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUC DOCUMENTS AND THINGS FOR DISCOVERY (PURSUANT TO RULE 4009.21 Provider: Record Type: Todd Pelleschi Radiology TO: Wayne F. Shade, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Erick Violago, Esquire it the one that is attached to this notice. You have twenty (20) days fror of record and serve upon the undersigned an objection to the subpoen waived or if no objection is made, then the subpoena may be served. Date of Issue: 11/29/2010 CC: Erick Violago, Esquire of Griffith Strickler Lerman Solymos & Court of Common Pleas If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Mends to serve a subpoena identical to i the date listed below in which to file a. If the twenty day notice period is Litigation Solutions, LLC on behalf of: Erick Violago, Esquire Defense COUNSEL LISTING FOR JANEEN S. LAFAVER AND ]ON IF. LAFAVER VS. CHRISTINE T. MYERS County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Shade, Esquire, 53 West Pomfret Street Carlisle PA 17013 P: (717) 243-0220 F: Opposing Wayne F. (717) 249-0017 Counsel COMMONWEALTH OF PEN COUNTY OF CUMBE Janeen S. LaFaver and Jon F. LaFaver VS. Christine T. Myers Request For Records Copies Related To Provider: Todd Pelleschi Copy Sets ANIA Court of Common Pleas 09-4342 Civil Term a Document Request Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once he requested records are obtained an invoice for prepayment will be generated and, sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has (been received the record will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding thin matter, please don't hesitate to contact Alex Leone at 412.253.1152 or fax at 412.253.1165. Date of Issue: 11/29/2010 COMMONWEALTH OF COUNTY OF CUA Janeen S. LaFaver and Jon F. LaFaver Plaintiff File VS. Christine T. Myers Defendant ,VANIA 342 SUBPOENA TO PRODUCE DOCUMETS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Todd Pelleschi (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you a ordered by the court to produce the following documents or things: Please see attached rider at 101 Towne Square Way, Suite 251, Pittsburgh, PA 15277 (Address) You may deliver or mail legible copies of the documenl subpoena, together with the certificate of compliance, to the party n above. You have the right to seek in advance the reasonable cost o things sought. If you fail to produce the documents or things required by after its service, the party serving this subpoena may seek a court orc THIS SUBPOENA WAS ISSUED AT THE REQUEST OF NAME:Erick V olage. Esquire ADDRESS: 11 a 5, Nc?r?hprn ay York, PA TELEPHONE: SUPREME COURT ID # 2 0 2 3 4 4 ATTORNEY FOR: Defense BY or produce things requested by this eking this request at the address listed preparing the copies or producing the s subpoena within twenty (20) days compelling you to comply with it. FOLLOWING PERSON: Division Date: - 9. S -1 b Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dr. Todd Pelleschi 564 Old York Road Etters PA 17319 Attention: Radiology Films Library Subject: LaFaver, Janeen S. SS# : 0985 Date of Birth: 2/23/1936 Requested Items: --RUSH REQUEST-- Please remit: Complete copy of any and all diagnosti films and film lists from January 1, 2000 to December 31, 2008, including X-Rays, MRI, and CT scans. DEFENDANT'S EXH?BIT "I" _MF Wayne F ,fade WAYNE F. SHAN ATTORNEY AT LAW 53 WT-ST POMFRET STREET CARLISLE, PENNSYLVANIA 170113 (717) 243.0220 (900) 243-0220 weynef bade@comeast.net 1~ACSIMILF, TO 757-37$3 December 9, 2010 Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 ri''/ 0 fl f: l7 FAX (717)249-0017 Re: Lafave? v. Myers No. 0914342 Civil Term Dear Mike: Following is a copy of our objections to your Noiice of Intention to Issue a Second Subpoena for x-ray negatives in the above matter. We will be asking the court to address this issue at the discovery hearing on Monday. Litigation Solutions has asked that we notify it ot'our objections. Where Litigation Solutions has not entered its appearance in this matter, *c would ask that you forward our objections to it. Very truly yours, Wayne F. Shale WFS/cjt Enclosure cc: Ordinary Mail DEC-09-2010 14:00 7172490017 95: P.02 /'?"/*n'n 2 ^ FV FA 7. 7 *214.9()017 JANEEN S. LAFAVER and JON Y. LAFAVCR, Plaintiffs v. CHRISTINE 1'. MYERS, Defendant : IN THE COURT OF COMMON PLEAS Or CUM13MLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO JURY OBJECTIONS TO SUBPOENA Plaintiffs JANEEN S. LAFAVER and 342 CIVIL TF..RM DEMANDED UANT TO RULE 4009.21 F. LAFAVER object to the proposed subpoena that is attached to these objections for the following reasons. Defendant apparently uses an agency discovery. That agency is a company by the Pittsburgh, Pennsylvania. Litigation Solutions, LLC, issued a 2010. On or about July 20, 2010, Dr. Pelleschi's than her legal counsel to issue of Litigation Solutions, LLC, from upon Dr. Pelleschi dated April 14, ce provided to Litigation Solutions, LLC, all of his x-ray negatives in connection withlthe treatment of Mrs. Lafaver. On November 9, 2010, counsel for Defendant indicated that the x-ray negatives had been lost and requested that Plaintiffs agree tc the issuance of a second subpoena for the x-ray negatives. We responded that we would object to the issuance of a second subpoena for the x-rays whercl Defendant was seeding to compel us to travel more than 100 miles for a defense medical examination whil refusing to respond to our written WAYNE F. SHADE Attnmey&IUw inquiry of Octobcr 22 2010t as to all of the?}}??odiat ists.or?iJls ' h sicians in central 53 weer Ponifrei Strael K•. ... Y Cerlirla, PonnFylvani? _ ••? - TRUE?Opa?I F}EaaRP- Teetimon}I Whey Pe t& set tnyyhisnd In p 1 - and the ThisdAY DEC-09-2010 14:00 7172490017 'Mayne F ;hare s 96% P.03 Pennsylvania whom Defendant has asked to conduct an audio-recorded examination of Mrs. Lafaver with counsel present in accordance with the provisions of Pa.R.Civ.P. 4010. Defendant confirmed actual knowledge o' our objection to the issuance of a second subpoena for the x-ray negatives of Mrs. Lafaver in writing on November 24, 2010. On November 29, 2010, Litigation Solutions, i,i.C, issued notice of the intent to wAYNF F. SI IADL, Attorney at Law 53 West Pomfret Street Cwhile.l'e"sylvnnin 17013 issue a second subpoena for the x-rays of Mrs. Lafaver. With knowledge of Plaintiffs' objection to the issuance of a second subpoena far the x-rays of Mrs. Lafaver, representatives of Litigation Solutions, LLC, con?acted the office of Dr. Pelleschi on December 3, 2010, fourteen days prior to expiration of the time for filing objections to the second subpoena for the x-rays of Mrs. Lafaver. ? itigation Solutions, LLC, insisted that the office of Dr. Pelleschi rcliease the x-ray nega0vcs immediately and accused Dr. Pelleschi's office of delaying the case by rcfusing: to do so. Plaintiffs object to the issuance of a second subpoena for the x-rays of Mrs. Lafaver on the basis that it is part of a pattern of a? abuse of discovery that results in burdens upon the treating physician of Mrs. Lafaver, who will be testifying as an expert witness for Plaintiffs in the case. Plaintiffs maintain that it is difficult enough for injured parties to take physicians away from the demands of patient treatment to testify in support of claims for compensation without being -2- Id by agents of Defendant with serial DEi_-09-2010 14 : 00 71 x'2490017 95: I P.04 1?1 fj:?/;)f;;'P? ? 9',?PV r'AX 7172490017 owl ?!7JnF adp ??(jfllIj,r fl fi fl requests for the same information and while refusing to respect the rights of Plaintiffs to obj ect. Date: December 9, 2010 Wayne It Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Tc enhone: 717-243-0220 ey for Plaintiffs WAYNF.. F. SHADE AItomey at Law 53 West Paml'rcl Street Carlisle, Pennsylvania 17013 -3- DEC-09-2010 14:00 7172490017 95% P. 05 12/09/2010 2 02PM FAX 7172494017 ?I JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant 'Mayne F ;hale IN THE CUM13E CIVIL A NO.09-? : JURY URT of COMMON PLEAS OF NI) COUNTY, PENNSYLVANIA ION - LAW CIVIL TERM DEMANDED CERTIFICATE O? SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiffs' Objections to Subpoena Pursuant to Rule 4009.21 in the above-captioned matter upon Defendant herein by first class United States mail, postage prepaid, to her counsel of record, Michael B. Scheib, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern 'Way, York, Pennsylvania 17402. Date: December 9, 2010 Wayne r S uprcme 53 West F Carlisle, I Telenhon( lade, Esquire urt No. 15712 nfret Street nsylvania 17013 717-243-0220 Attorney for Plaintiffs WAYNL 1. SHALL' Anar.yatLaw 53 WC*" P"11ct Strcaf CarLcla, PcYtnyylvaniu 17n13 DEC-09-2010 14:00 7172490017 96% P.06 12/()?/2r"(' ?-(`,^°u :'AX' 7'7^`42';017 'Wayne F >hade n7/0007 ^??? iono:,..`t?a sr;a,?•cvm/ Io:wayne F. Shade, Esquire (17172490017) 16:3611/29/10GMT-03 Pq 05-o6 COMMONWEALTH OF PENNSY VANTA COUNTY OF CtfMBERLAI?D • Janeen S. LaPaver and Jon F. LaFasver Plaintiff Pilo No vs. Christine T. Myers Defendant SUBPOENA TO PRODUCE DOCUME IFOR DISCO'VEkY PURSUANT TO TO: Todd Pelleschi ((Niame of person or Entity) Within twenty (20) days after service of this subpoena, you following documents or things: T: Please see attached rider at 101 Towne Square Way, Suite 251, Pittsburgh, PA 15277 You tnay deliver or mail legibid copies .of the ?documents r produce things requested by this subpoena, together with the certificate of compliance, to the party ma ling this request at the address listed above. You have tho right to seek in advance the reasonable cost of reparing the copies or producing the things sought. If you fail to produce the documents or things rcquirod by th s subpoena within twenty (20) days altar its gerviee, the party serving this subpoena nmy acck a court order compclling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF NAME: Q &, Ck I a g ADDRESS YP-S Mn O A 17407- TELEPHONE SUPRP-NM COURT 1D #____Z p d d ATTORNEY FOR: De f g BY Date: 11 _ ?, "? a Seal of the Court Ion ordered by the court to produco the FOLLOWING PERSON: Deputy 11/29/2p 10 4;401% t,Iob No. 64321 Z0005 DEC-09-2010 14:00 7172490017 OR T1IINGS ,E 4009.22 96% P.07 IN THE COURT OF COMMON PLEAS OF JANEEN S. LAFAVER and NO, JON F. LAFAVER, Plaintiffs ; V. CIV CHRISTINE T. MYERS, Defendant JUR AND NOW, this t dDecember, 2010, I, of Griffith, Strickler, Lerman, Solymos & Calkins, hereby copy of Defendant's Motion to Quash Plaintiffs' Objectioi Pelleschi, D.P.M., by United States First-Class Mail, postage Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, SOLYMO COUNTY, PENNSYLVANIA 09-4342 CIVIL TERM ACTION - LAW TRIAL DEMANDED V. Violago, a member of the firm that I have this date served a to Subpoena of Films from Todd addressed as follows: LERMAN, By: 40P7101Fr -? MICHA SCHEIB, ESQUIRE Supreme ourt I.D. No. 63868 ERICK V . VIOLAGO, ESQUIRE Supreme ourt I.D. No. 202344 110 Sou Northern Way York, PA 17402-3737 Telephon e (717) 757-7602 Attorneys for Defendant, Christine T. Myers JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4342 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13th day of December, 2010, Plaintiffs' objection to the subpoena of her treating physician's x-rays and other films is withdrawn. Wayne F. Attorney Erick V. Attorney Court Adi srs Shade, Esquire for Plaintiffs Violago, Esquire for Defendant ninistrator taJ-JA4kf J I ra c N o C) -`? Eti? rn- C-) -urn U> o cn O p C - C ") o z ? Tr o ?;:- tv Cn D By the Court, JANEEN S. LAFAVER and IN THE COURT OF COMMON PLEAS OF JON F. LAFAVER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2009-4342 CIVIL TERM CHRISTINE T. MYERS, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13th day of December, 2010, it appearing to the Court that the IME has not been completed, this matter is not at issue and is stricken from the January trial list. Wayne F. Attorney ick V. Attorney Court Adi Shade, Esquire for Plaintiffs Violago, Esquire for Defendant ninistrator rn CO Cl r,y'h r. -u m ^4• q O a s-n ? ? a ern tv cn D -< srs `-O'l t £ S /rte! l L` f loa/! s f Iv 3 661 , -V to IU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant NO. 09-4342 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED O_ And now, to wit, this T , day of PW• , 2010, it is hereby ORDERED, ADJUDGED, AND DECREED, that the subpoena of Dr. Pelleschi's films, for which a Notice of Intent was issued on November 29, 2010, is valid. u poe J. Date: December L?-, 2010 Distribution list: p n ° Wayne F. Shade, Esquire c u ..._. - rn r-"-,. 53 West Pomfret Street s -0 rn Carlisle, PA 17013 -< -4 o Esquire Scheib Michael B E -? - p-n , . a = Zn Erick V. Violago, Esquire o CD r" Griffith, Strickler, Lerman, Solymos & Calkins yC •' e ? 110 S. Northern Way York, PA 17402 l cy M.a 1 Lot ryl JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4342 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13th day of December, 2010, it is hereby ordered that Plaintiff, Janeen S. Lafaver, is directed to appear for an IME at the offices of Dr. Ramon Lopez, D.P.M., at One Bala Plaza, Suite 627, Bala Cynwyd, Pennsylvania, 19004-1499. Defendant is directed to reschedule the appointment previously set for December 28th, 2010. Defendant is further directed to reimburse Plaintiff for her reasonable travel costs. B' XXWayne F. Attorney rick V. Attorney Court Adi srs Edward E. Guido, J. Shade, Esquire for Plaintiffs Violago, Esquire for Defendant ninistrator lams It a o c? --? -6 rn S r- a - q c) ?o - Cl ?C - rv o -? rv xs -'C FILED-OFFIf. 2010 DEC 16 PM 1: 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant NO. 09-4342 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRAECIPE TO WITHDRAW MOTION TO QUASH PLAINTIFFS' OBJECTION TO SUBPOENA OF FILMS FROM TODD PELLESCHI D.P.M. TO THE PROTHONOTARY: Kindly withdraw Defendant's Motion to Quash Plaintiffs' Objection to Subpoena of Films from Todd Pelleschi, D.P.M. GRIFFITH, STRICKLER, LERMAN, SOLYMOS &,CALKIN ---> Date: December /?5, 2010 By: Supreme C No. 63868 ERICK V. IOLAGO, ESQUIRE Supreme Court I.D. No. 202344 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorneys for Defendant, Christine T. Myers I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANEEN S. LAFAVER and NO. 09-4342 CIVIL TERM JON F. LAFAVER, Plaintiffs V. CIVIL ACTION - LAW CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /5 day of December, 2010, I, Erick V. Violago, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendant's Praecipe to Withdraw Motion to Quash Plaintiffs' Objection to Subpoena of Films from Todd Pelleschi, D.P.M., by United States First-Class Mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICI-TAFjr,og. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 ERICK V. VIOLAGO, ESQUIRE Supreme Court I.D. No. 202344 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorneys for Defendant, Christine T. Myers FOR LISTING CASE FOR TRIAL k 1 be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: '-' D" -.-.. ..-.,a ` Please list the followin g case: (Check one) (X) for JU RY trial at the next term of civil court ( ) for tri l without a jury CAPTION OF CASE (Entire caption must be stated in full) JANEEN S. LAFAVER and JON F. LAFAVER, Plaintiffs V. CHRISTINE T. MYERS, Defendant spa (check one) -3 1 (X) Civil Action - law ( ) Appeal from Arbitration (other) The trial list will be called on April 5, 2011. Trials commence on May 2, 2011. Pretrials will be held on April 20, 2011. (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 09-4342 Civil Term Indicate the attorney F. Shade, Esquire. Indicate trial counsel Griffith, Strickler, Lerman, This case is ready for will try case for the party who files this praecipe: Wayne other parties if known: Michael B. Scheib, Esquire, of ,mos & Calkins. Signed: Print Name: Wayne F. Shade. Esquire Date: March 8, 2011 Attorney for: Plaintiff JANEEN S. LAFAVER and JON F. LAFAVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :CIVIL ACTION -LAW C= V. : N0.09-4342 CIVIL TERM =? .b. m -., C,>' a r`" b N? CHRISTINE T. MYERS, Defendant JURY TRIAL DEMANDEID ° c5 _ PRAECIPE TO SETTLE AND DISCONTIITJI :1_ TO: David D. Buell, Prothonotary Please mark the docket in the above-captioned matter marked "Settled and Discontinued" with costs paid. Date: April 28, 2011 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 V