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Home My WebLink About09-5916 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 109- 'S'1/0 C!'vi,( T I(M Civil Action (X) Law () Equity JOSEPH W. TEETIE BARBARA A. SMITH 1330 North West Street 101 Oneida Road Carlisle, PA 17013 Camp Hill, PA 17011 Defendant & Address Plaintiff & Address PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. Todd D. Getgen, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 (717) 232-6300 Signature of Attorney Supreme Court I.D. No. 80719 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. & " f /j Prothonotary Date: By: Dep ) Check here if reverse is used for additional information. OF TH?"P 2009 AUG Pil 1 ? 27 p dl. 4 1j. ?-o fi4? 080- ?a9?3-& Sheriffs Office of Cumberland County R Thomas Kline FI? i?U Sheriff OF THE PROM NOTARY !? 4?t?l?t, 4l t?11111 GC!'(??7G, Ronny R Anderson Ch D 2009 STEP -8 W0:35 ief eputy ;r Jody S Smith t'-D G.UNW CBE 1 Civil Process Sergeant .. ^_P cE PENNSYWANIA. Edward L Schorpp Solicitor Barbara A. Smith Case Number vs. Joseph W. Teetie 2009-5916 SHERIFF'S RETURN OF SERVICE 09/03/2009 08:03 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2009 at 2003 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Joseph W. Teetie, by making known unto himself personally, at 1330 North West Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 SO ANSWERS, 0 4v September 04, 2009 R THOMAS KLINE, SHERIFF y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, V. NO. 09 - 5916 PRAECIPE FOR APPEARANCE JOSEPH W. TEETIE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17354 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, V. NO. 09 - 5916 JOSEPH W. TEETIE, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Joseph W. Teetie, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: K?vin'D'Rauc , Esqu1 Counsel for D fendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16TH day of September, 2009. Todd D. Getgen, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By r, . T THE r'''TA RY 2009 SEP 18 PH 1: 0 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, NO. 09 - 5916 V. PRAECIPE FOR RULE JOSEPH W. TEETIE, TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17354 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, Plaintiff, V. JOSEPH W. TEETIE, Defendant. CIVIL DIVISION NO. 09 - 5916 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Barbara A. Smith, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C, By: wnrLr. Kaucn-, -ffsquire unsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16TH day of September, 2009. Todd D. Getgen, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: - Ke) in . Rauch, Esquire Cdunsel for Defendant 1ILCU_.J..i "i OF ?N P -.,n, CRY 2009 SEP 18 fld 1: u s" CUM '. ?rl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, V. NO. 09 - 5916 JOSEPH W. TEETIE, (Jury Trial Demanded) Defendant. RULE r AND NOW, this day of 2009, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this _ 164, day of 2009. /,?Zzll P oa Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Todd D. Getgen, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 FILI.1 u'6 2609 SEP 18 PH 1: 0 3 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, A single woman, Plaintiff : No. 09-5916 V. JOSEPH W. TEETIE, Defendant YOU HAVE BEEN SUED IN c the claims set forth in the following twenty (20) days after this Complair a written appearance ersonally or 1 the Court your defens s or objection You are warned that i you fail to do and a judgment may lie entered ag notice for any money claimed in th relief requested by they Plaintiff. Yo rights important to yoiu. YOU SHOULD TAKE THIS P? IF YOU DO NOT HAVE A LAWYER, SET FORTH BELOW. THIS OFFIC INFORMATION ABOUT HIRING A IF YOU CANNOT AFFORD MAY BE ABLE TO PROVIDE YOU AGENCIES THAT MAY OFFER LE PERSONS AT A REDUCED FEE O : Civil Action -Law : Jury Trial Demanded ;OURT. If you wish to defend against pages, you must take action within t and Notice are served, by entering >y attorney and filing in writing with s to the claims set forth against you. so the case may proceed without you .nst you by the Court without further Complaint or for any other claim or may lose money or property or other .PER TO YOUR LAWYER AT ONCE. TO TO OR TELEPHONE THE OFFICE CAN PROVIDE YOU WITH .WYER. ) HIRE A LAWYER, THIS OFFICE ITH INFORMATION ABOUT LL SERVICES TO ELIGIBLE NO FEE. CUMBERLAND COU TY BAR ASSOCIATION 2 Libe ty Avenue Carlisl , PA 17013 (717) 49-3166 IN THE COURT O COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, A single woman, Plaintiff V. JOSEPH W. TEETIE, j Defendant No. 09-5916 Civil Action - Law Jury Trial Demanded USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las dem?andas que se presentan mas adelante en las siguientes paginas, delbe tomar acci"n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de a to Demanda y Aviso radicando personalmente o por rnedio de un abogado una comparecencia escrita y radicando en la Corte I;por escrito sus defensas de, y objecciones a, las demandas presentad4s aqui en con ra suya. Se le advierte de que si usted falla de tomar ajcci6n como snescribe anteriormente, el caso puede proceder sin usted y un falloff por cualquier suma de dinero reclamada en la demalnda o cualquer otra reclamaci6n o remedio solicitado por el demandante pueda ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE' LLEVAR E; INMEDIATAMENTE. SI USTED VAYA A LA SIGUIENrTE OFICINA. INFORMACION A CEkCA DE COM SI USTED N PUEDE PA ABOGADO, ES POSIBLE QUE E INFORMACION SORE AGENC LEGALES SIN CARGO O BAJO CO CE DOCUMENTO A SU ABOGADO O TIENE UN ABOGADO, LLAME O ESTA OFICINA PUEDE PROVEERLE ) CONSEGUIR UN ABOGADO. AR POR LOS SERVICIOS DE UN TA OFICINA LE PUEDA PROVEER ,S QUE OFREZCAN SERVICIOS I'O A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisl , PA 17013 (717) 249-3166 I IN OF BARBARA A. SMITH, A single woman, Plaintiff V. JOSEPH W. TEETIE, Defendant COURT vvm The Plaintiff, Barbara A. Smi SCHMIDT KRAMER PC, and hereb; THE 1. The Plaintiff, Barbara currently residing at 11,01 Oneida I Pennsylvania. 2. Defendant, Joseph W. ^. residing at 1330 North West Street, Pennsylvania. COMMON PLEAS NTY, PENNSYLVANIA No. 09-5916 Civil Action - Law Jury Trial Demanded , by and through her attorneys, avers as follows: Smith, is an adult individual , Camp Hill, Cumberland County, , is an adult individual currently Carlisle, Cumberland County, F 3. The facts which give or about October 11, ? 007 at about Boiling Springs Road and Old Stone Pennsylvania, where A: collision occi operated by Joseph W''. Teetie and a Smith. 4. At the time of the a Teetie was operating his automobile failed to stop at a stop sign. 5. At the aforementioned Smith was operating her automobi'. which was controlled by no traffic c Defendant's car as he entered the i to the cause of action occurred on :30 p.m. at the intersection of Road in Cumberland County, between an automobile automobile operated by Barbara A. collision, Joseph W. south on Old Stonehouse Road and and place, Plaintiff Barbara A. east on Boiling Springs Road- trol devices-and was hit by the tersection of Boiling Springs Road and Old Stonehouse road. 6. The collision and resul i way caused or contributed to by the injuries and damages are in no Plaintiff and were solely caused by the Defendant for the reasons set below. 2 7. Paragraphs 1 through herein by reference and made a pE 8. The negligence, carele Defendant, Joseph W.',Teetie, con: a. Operating his of the Complaint are incorporated thereof as if set forth in full. ss, and recklessness of the of the following: at an excessive rate of speed under the circumstances and road conditions; b. Failing to have hi vehicle under proper and adequate control; C. Failing to apply r collision with the Plaintiff; d. Failing to keep a lawfully on the roadway; e. Failing to operat traffic weather conditions an f. Operating his ve dangerous situation for other g. Fading to drive within the assured clear dist brakes in time to avoid the lookout for other vehicles his vehicle according to existing /or traffic controls; in a manner so as to create a vehicles on the roadway; a speed that enabled him to stop ahead; i. Violating 75 Pa. S.A. § 3323 which is negligence per se. 3 9. As a direct and proxii Defendant's negligence, Plaintiff F her neck and right shoulder that 10. As a factual result of has incurred medical expenses to expenses into the 11. Asa has undergone in the great pain and 12. As a has been obliged to result of the collision and A. Smith sustained injuries to be permanent. accident, Plaintiff Barbara A. Smith and will continue to incur medical , and thus, Ja claim for these expenses is made. result of tl e accident, Plaintiff Barbara A. Smith and wily continue to undergo in the future, , and thus, ?a claim for these injuries is made. result of various expenses for the injuries that he h; the same in the future, and thus, 13. As a factual result of t suffered a loss of earnings and an capacity in the future, and thus, a 14. As a factual result of t suffered a permanent diminution c pleasures, and thus, a claim for th WHEREFORE,', Plaintiff against the Defendant, Joseph W. amount requiring compulsory ar accident, Plaintiff Barbara A. Smith s of money and to incur various suffered and may continue to incur claim for these losses is made. accident, Plaintiff Barbara A. Smith pairment of her earning power and for these losses is made. accident, Plaintiff Barbara A. Smith her ability to enjoy life and life's losses is made. A. Smith demands judgment ie in an amount in excess of the 4 submitted, E,i?11aD) :a ? Date: 1 0/,' .20v By: Todd D. Getgen / I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs I, Barbara A. Smith, verify thc, Complaint are true and correct to the belief. I understand that intentional f the penalties of 18 Pa.IC.S.A. X49 authorities. the facts contained in the foregoing :st of our knowledge, information and statements herein are made subject to relating to unsworn falsifications to Q. ??- DATED: bara A. Smith T?W F''' ?r, ARY 2009 GCI' -6 p1m f: 53, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, Plaintiff, V. JOSEPH W. TEETIE, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service herggf or a judgment may be er a ain ou. G rs`-M6D¢nnell, Hudock, & Skeel, P.C. CIVIL DIVISION NO. 09 - 5916 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17354 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, V. NO. 09 - 5916 JOSEPH W. TEETIE, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Joseph W. Teetie, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that at the time of the collision, the Defendant was operating his automobile south on Old Stonehouse Road. The remainder of the allegations in paragraph 4 are denied generally pursuant to Pennsylvania Rules of Civil Procedure 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that the Plaintiff was operating her automobile east on Boiling Springs Road and that Boiling Springs Road was not controlled by traffic control devices. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pennsylvania Rules of Civil Procedure 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pennsylvania Rules of Civil Procedure 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNTI BARBARA A. SMITH v. JOSEPH W. TEETIE NEGLIGENCE 7. In response to paragraph 7, the Defendant reiterates and repeats all his responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time and place of the said accident. The remainder of paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joseph W. Teetie, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 15. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 16. Some and/or all of the Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 17. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 18. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Joseph W. Teetie, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & WEEL, P.C., By: I "? K v auch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /? 2'9 o h W. Teetie #17354 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of October, 2009. Todd D. Getgen, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & MFL, P.P? By: ffl2VA evin auch, Esquire Counsel for Defendant PLEu Q,,:F LE OF THE' PR F i 1-4;7NIOTARY 2004 OC T 29 AID 11: 4 O Cl, 06 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, A single woman, Plaintiff V. JOSEPH W. TEETIE, Defendant No. 09-5916 Civil Action - Law Jury Trial Demanded PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 15. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). 16. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). 17. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa. R. C. P. 1029(d) and (e). by way of further answer, Plaintiff has full tort automobile insurance. 18. Denied. Defendant's new matter does not contain any facts and is a conclusion of law which is deemed denied under Pa.R.C.P. 1029(d) and (e). WHEREFORE, Plaintiff, Barbara A. Smith, demands judgment on the Defendant, Joseph W. Teetie, in an amount in excess the amount requiring compulsory arbitration. Date: Respectfully submitted, SCHMIDT KRAMER PC Y Todd D. Getgen I.D. No. 80719 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs FILE-:l:_.,. 'r t? 'T 20001?`)V -9 1'f! 2• 4-, FI1.1 D-b''1=ICE OF THE PROTHONOTARY 2D10 NOV 15 PH 1: 23 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, NO. 09 - 5916 V. MOTION TO COMPEL COMPLIANCE JOSEPH W. TEETIE, WITH SUBPOENA Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17354 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, Plaintiff, CIVIL DIVISION v. JOSEPH W. TEETIE, Defendant. NO. 09 - 5916 (Jury Trial Demanded) MOTION TO COMPEL COMPLIANCE WITH SUBPOENA AND NOW, comes the Defendant, Joseph W. Teetie, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files this Motion to Compel Compliance with Subpoena, and in support thereof avers the following: 1. On July 1, 2010, the Defendant, via Litigation Solutions, served a Subpoena in accordance with the Pa.R.C.P. 234.2 via FedEx priority overnight upon the Holy Spirit Hospital (A copy of the cover letter dated July 1, 2010, and Subpoena, are attached hereto as Exhibit "A"). 2. The Subpoena requested all available medical records relative to the Plaintiff, Barbara A. Smith. (See Subpoena, Exhibit "A"). 3. In initial response, the Holy Spirit Hospital indicated that it had no record of the Plaintiffs treatment at the Holy Spirit Hospital. (A copy of the Certification Notice is attached as Exhibit "B"). 4. On August 3, 2010, counsel for Defendant forwarded notification to Litigation Solutions indicating that while the Holy Spirit certified it had no record of the Plaintiff, a patient face sheet dated October 11, 2007, from the Holy Spirit Hospital, evidenced Ms. Smith's treatment with this provider. Counsel asked Litigation Solutions to forward this material to the Holy Spirit Hospital and asked that they research their system to provide the entirety of their file, including a films list. (A true and correct copy of the correspondence dated August 3, 2010, is attached hereto as Exhibit "C"). 5. On August 4, 2010, the a copy of the original Subpoena and supporting face sheet was forwarded to the Holy Spirit Hospital. (A true and correct copy of the cover letter is attached hereto as Exhibit "D"). 6. Another copy of the original Subpoena was forwarded to the Holy Spirit Hospital on October 28, 2010, and delivered November 1, 2010. (A copy of the FedEx tracking results attached hereto as Exhibit "E") 7. Pa.R.C.P. 4009.26, states that if the person upon whom a Subpoena has been served should "fail to produce the documents or things required by [the] subpoena with in twenty (20) days after its service, the parties serving [the] Subpoena may seek a court order compelling [the person upon whom the subpoena has been served] to comply with it." Pa.R.C.P. 4009.26. 8. While the Holy Spirit Hospital did attempt to comply with the Subpoena, its production was insufficient as evidenced by the October 10, 2007, face sheet indicating that the Plaintiff did actually treat at its facility. 9. Since receiving this proof of treatment, the Holy Spirit Hospital has failed to correct its mistake and forwarded sufficient production in accordance with the Subpoena issued to them for these records. 10. Accordingly, pursuant to Pa. R.C.P. 4009.26, the Defendant respectfully requests this Honorable Court issue an Order compelling the Holy Spirit Hospital to comply with the Subpoena at issue within twenty (20) days or face such sanctions as the Court sees fit including an assessment of reasonable Attorneys fees incurred by the Defendant in pursuing compliance with the Subpoena. 11. Defense counsel certifies that he has contacted the Plaintiffs counsel regarding this Motion, providing him a copy of the full text, and the Plaintiffs counsel has no objection. 12. No Judge has ruled upon any other issue in this case. WHEREFORE, the Defendant, Joseph W. Teetie, respectfully requests this Honorable Court enter an Order compelling the Holy Spirit Hospital to comply with the Subpoena regarding the entire medical file of the Plaintiff, Barbara A. Smith. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant v Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Attn: Medical Records Correspondence 7/ 1/ 2010 Litigation Solutions, LLC Stephanie McCausland Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Phone: 412.253.1104 Fax: 412.253.1062 Email: smccausland@litsol.com www.litigationsolutions.com Subject: Barbara Smith SS N # : 9068 Date Of Birth: 5/8/1956 Please remit: a complete copy of any and all medical records from October 11, 2002 to Present, including records, charts, test results, reports, correspondence, office notes, and computerized records. Dear Sir or Madam: The attached Subpoena is being served by Litigation Solutions, LLC, the chosen representative for Kevin Rauch, Esquire of Summers McDonnell-Mechanicsburg, in order to retrieve the necessary records pertaining to the above named individual. Please complete the attached certification of compliance and forward a complete copy of the specified records regarding Barbara Smith to my attention as soon as possible. Per HIPAA Regulations, please find attached a copy of the Certificate Pre-Requisite and Notice of Intent to Serve a Subpoena, which was properly produced to Plaintiffs Counsel along with all other interested parties in this lawsuit. Please let this Certificate Pre-Requisite and Notice of Intent serve as proof that Plaintiffs Counsel and other interested parties were given 20-days to object to the issuance of this subpoena, which is mandated by applicable law. To date no objections to the issuance of the attachedsubpoena have been filed; therefore, pursuant to Rule 4009.22 you must produce the documents or things requiredby this subpoena within twenty (20) days after its service. Failure to do so may result in a court order compelling you to comply. If you have any questions regarding this request, please feel free to call me at the number listed above. Thank you for your cooperation in this matter. Sincerely, Stephanie McCausland Litigation Solutions, LLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Barbara A. Smith VS. Joseph W. Teetie Court of Common Pleas Case Number: 09- 5916 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Kevin Rauch, Esquire of Summers McDonnell- Mechanicsburg certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 7/1/2010 Litigation Solutions, LLC on behalf of Kevin Rauch, Esquire of Summers McDonnell- Mechanicsburg Attorney for the Defense CC: Kevin Rauch, Esquire Summers McDonnell- Mechanicsburg 100 Sterling Parkway, Suite 306 Mechanicsburg PA 17050 r Barbara A. Smith VS. Joseph W. Teetie : Bile No. 09-5916 SUBPOENA TO PRODUCE. DOCiJ UNtS OR TAGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (NEW of Person or Entity) Within twenty (20) days after service of ibis 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 15227 (Address) You may deliver or mail legible copies of the documeats or produce things requested by this subpoena, together with the certificate of compliance, to the party malang th .Xbquest at the address listed have the right to seek in advance The reasonable cost of preparkigJfthe copies or producing the above. You things sought If you fail to produce the docmaents or thiw-required by this subpo na wiihiu twenty (20) days after .its service, the party nerving this subpoena Emy seek a court order compel; ng you to comply with it. NAM:_ K2vin Rauch, Esguire .ADDRESS: 100 Sterling, Parkway ? Mechanicsburg PA, 17D50 TELEPHONE: (717) 901-5916 f' SUPREM13 COURT IE) # 83058 ATTORNEY FOR: Defense Datn:_gufa.C a2-Y .xa/() eal of the Court COMMONWEALTH OF PENySYLVANA COUN'T'Y OF CUMBERI,ANS Suite 306 Y RT: Zon?Vu ,CM /Division n Deputy' Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Smith, Barbara SS*: 9068 Date of Birth: 5/8/1956 Requested Items: Please remit: a complete copy of any and all medical records from October 11, 2002 to Present, Including records, charts, test results, reports, correspondence, office notes, and computerized records. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Barbara A. Smith Court of Common Pleas VS. Joseph W. Teetie Case Number: 09- 5916 CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO RULE 4009.21 I hearby certify by signing below that I have (_) / have not (_) provided a true and complete copy of the documents requested in the subpoena served on this facility. If documents have not been provided, it is due to: (check one) We have no documents regarding this person We do not have the specific documents / dates in our files Our documents are destroyed after years The documents are in the possession of: Other (please specify); Printed Name Signature Name of Facility or Provider of Records Date Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Aear Requester: The Spirit of Caring The Health Insurance Portability and Accountability Act of 19% (HIPAA) has set standards for the privacy protected heel* information. These rules require say request for the release of inforrantlan contain certain data elements. (More Information on RIPAA requirements can be found at ww-w.aw&bbs.aov (45 CPR Parts 160 and 164, Section 164408). Your authorization did not meet the requirements for the following reasons: Authorization not signed. No signature to compare. A witnessed signature Is required Authorization not dated within the past year. Authorisation not dated after the treatment date(s.) Authorization does not name Holy Spirit Hospital as the facility. to release information. - The patient is a minor; signature of a parent or logs) guardian is required. ._.. Signature of next of kin, medical P.O.A., Administrator of the $state, with proof of some is required. Specific description and/or the purpose or useof the information to be disclosed. - The name of the covered entity or person to whom the hospital or individual can make the disclosure. _ A statement of the patient's right to revolts and a description of how to revoke an authorization. This Is a protected record (Mental Health; HIV/AIDS; Drug & Alcohol). A special authorization is ALSO required pursuant to Federal and/or State laws. More information will be helpful: Corrod spelling/maiden name of patient Social security number Date of birth After a thorough search of our hies, we are unable to locate any record of service(s) provided. This patient has no records for the dates and/or treatment Indicated on your request. ___. An original subpoena with court seal is required. Notice of Intent documentation is required with a subpoena. ?_ . ..._ . __... _ .........,.. __... Need letter of representation that you are authorized to receive copies Please complete and return the enclosed authorization. 'Thank you Health Information Correspondence (717) 763-2659 or (717) 763-2660 A Service of Holy Spirit Health SyStOM K:IDOCSIdeptsecAftr requester oc 56 North 21st Street • Camp Hill, PA 17011.2288 (717) 7634100 August 3, 2010 Via email only Smccausland@ ltsol.com Litigation Solutions, Inc. ATTN: Stephanie McCausland Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 RE: Smith v. Teetie Our File No. 17354 Dear Ms. McCausland: Please be advised that I am in receipt of correspondence from the Holy Spirit Hospital in response to our Subpoena for production of records. This provider indicated that they were unable to locate any record of services for the Plaintiff, Barbara Smith. However, attached please find a patient face sheet dated October 11, 2007, evidencing Ms. Smith's treatment with this provider. Kindly forward this to the Holy Spirit Hospital and ask that they research their system and produce the entirety of their file from October 11, 2002, to the present, including a films list. Thank you for your assistance with this matter. Should you have any questions or concerns in this regard, please do not hesitate to contact me. Very truly yours, Julia A. Phillips JAP: jef Enclosure IM-NoLY i i I I S PATIENT PACESHEET Health System MEOICALRECORD! Camp H111, PA 17011 134BB9 $RGERY GATE SOCIAL SECURITY RSE STk ROOIWBED ADMIT DATE !TIME Hasp SRV PT TY WIC CODE 192-q8-9458 10111/07 18 r26 sAi E :R1 30837330 F IN CLASS AGE DATE OF BIRTH X MS CHURCH 1 R. PREF AMBULANCE AD EG DATE 171 D REG BY 05/08/1956 1 F NONE PER PT NOME D/11/D7 18:37 N ADNAC 814XTN BARBARA A P 101 ONSDIA ROAD M EMBARQ 1 CAMP HILL, PA P F 17011 No y I 717 - 763-0477 PHOTOIO N Yq GEO CODE LANGUAGE ENGLISH OCCUPA'70N I SMITH BARBARA M1 A GE I ROAD 101 AP E1dSARQ iF CAMP HILL. 7 1 R. A 2 •/ / ' 1 01 O +0 4 Y TE z - / 717 - 763-0477 R % RELATIONSHIP S R /? 1/01 ? lL 192-48?-9068 i WV11 SMITH AGNES r-?17 `C 332 JUNIPER STREET Ec N CARLISLE, PA 6 N , IT 17013 AT JA A T RELATIONSHIP M E RELATIONSHIP N T rl HOME PHONE 737 - 243-2849 Q HOMEPHONE - WORK PHONE - WORK PHONE - PLAN CODE 038 INS CO AETNAUS P14TH POS/PP PLAN CODE M81 INS CO AUTO INSURANCE I/O OUCY4 W146939374 I 14 POLfCY A N S 1 GROUP # 061934801140069 S GROUP N ! AUTHORIZATION N i AUTHORIZATION A A ADDRESS PO BD% 14079 LEXINGTON KY 40512 N2 ADDRESS c PHONE N VERIFIED c PHONE # VERIFIED E SUB NAME SMITH , BARBARA MIA Y E SUB. NAME. SMITH , BARSARA A l A Y REL 70 PT S PRIORITY 2 l REL7 PT 9 PRIORITY IAN CODE INS CO PLAN CODE INS CO I POQCYN i POUCYN g GROUPN S GROUPS R p AUTHORIZATION N Ra AL1TKORIZATION N s ADDRESS 4 ADDRESS N c PHONE A VERIFIED N C PHONE N VERIFIED E SUB DAME Mt E SUB. NAME Ml L T T PRIORITY R TO PRIORITY ACCt? EN7 DESCRIPTION ACC. DATE /TIME / IND. PRIVACY NOTICE DRIVER/ SF,ATBF;LTt AIRBAGS DEP 10/12/07 17;30 A 101107 01 ER2 NA GOMMENTS Jyi? ' ' MD: WAGNE9 HDX ACCEPI F.D INS l ( `V V AOMIT'nNG DX. ADI NUTTING DR. 1 ATTENDING DR. 'REFERRING OR. - 1913028 ED GROUP 18001'8 ROUP OMITTING COMPLAINT HFPtJGHT BY. AMBULANCE SERVICE: 4VA J (01 h9rt IF 1 134689 ER1 ER MEDICAL RECORb sNll7H,BARBARA A PT" ACCT 41 30837330 51 F ti Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Attn: Medical Records Correspondence 8/4/2010 Litigation Solutions, LLC Stephanie McCausland Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Phone: 412.253.1104 Fax: 412.253.1062 Email: smccausiand@iftsol.com www.litigationsolutions.com ?C?'?cq,Q 0011 k Subject: Barbara Smith SSN#: 9068 Date Of Birth: 5/8/1956 Qu.??a? 1,..l Please remit: a complete copy of any and all medical records October 11, 2002 to Present, including records, charts, test results, reports, correspondence, office notes, and computerized records. Dear Sir or Madam: The attached Subpoena is being served by Litigation Solutions, LLC, the chosen representative for Kevin Rauch, Esquire of Summers McDonnell-Mechanicsburg, In order to retrieve the necessary records pertaining to the above named individual. Please complete the attached certification of compliance and forward a complete copy of the spedfled records regarding Barbara Smith to my attention as soon as possible. Per HIPAA Regulations, please find attached a copy of the Certificate Pre-Requisite and Notice of intent to Serve a Subpoena, which was properly produced to Plaintifrs Counsel along with all other interested parties In this lawsuit. Please let this Certificate Pre-Requisite and Notice of intent serve as proof that Plaintiff's Counsel and other interested parties were given 20-days to object to the Issuance of this subpoena, which is mandated by applicable law. To date no objections to the issuance of the attachedsubpoena have been filed; therefore, pursuant to Rule 4009.22 you must produce the documents or things regWredby this subpoena within twenty (20) days after its service. Failure to do so may result in a court order compelling you to comply. If you have any questions regarding this request, please feel free to call me at the number listed above. Thank you for your cooperation in this matter. qC S2??tanMd MIJ Litigation Solutions, LLC WHOLY PATIENT FACESHEET 3 : Health system wjrA -"ECOR°' Camp Hill, PA 17011 1348BO $QAGEAY T L A ROOWBED A TDATEITIM SP SRV P CLIP unuff= 192-48-9068 10111107 IBI26 W" E 8R1 30837330 Zry? 1 0ATEOF&WfM MX MS URCH/ .PREP AMBULANCE ADM E Y BY T S1 05/08/1956 : 1 P 8 NONE PER PT NONE 48R JR go 10111107 18:37 N ADNAC SMITH BARBARA- A AD P EMSARQ 101 ONEDIA RO M I CAMP HILL, PA N 17011 I EO to NY 717 - 763-0477 PHOTOID N YR GEO CODE LANGUAGE ENGLISH OCCUPA710N I SMITH BARBARA MI A O$ / / '? f p C 101 ONEDIA ROAD UM C1413ARo - - "? IN CAMP HILL. PA R? A ?jr/7U G T IF 17011 13 ° oE E - qzz! 717 - 763-0477 RELATIONSHIP S R 7 192-48-9068 2. SMITH , AGNES E k P - `C 332 JUNIPER STREET C yN CARLISLE, PA BN IT 17013 A7 ;A GA E aC RELATIONSHIP M ELA710NSI1IP T ;I HOME PHONE 717 - 243-2849 2 HOME PHONE - WORK PHONE - WORK PHONE - PLAN CODE Q38 INSCO AETNAUS HUTH POS/PP PLAN CODE l181 INS CO AUTO INSURANCB I/O I POUCY-0 W146939374 I POLICY I 5 GROUP* 061934801190069 s GROUP # R i AUTHORIZATION A 1 AUTHORIZATION d Al ADDRESS PO BOX 14079 UX1NG % KY 40512 p A? N ADDRESS PHONE I VERIFIED C PHONE N VERIFIED E SUBNAME 4KITH .6 ohm MIA Y H SUB-NAME.' SMITH ,8AR1MRA MIA Y PT S PRIORITY 2 1AELTOPT g PRIORITY 1 PLAN CODE INS CO PLAN CODE INS CC I POLICY d I POLICY l s GROUPI s GROUPS 4 AUTHORIZATION I R4 AUTHORIZATION d a NO ADDRESS H4 ADDRESS C PHONE d VERIFIED C PHONE # VERIFIED E SUB NAME Ml E SUB. NAME M1 l T PRIORITY PRIORITY AC CQ f` SCFdPTiON E ACC. DATE /TIME / AND, PRIVACY NOTICE IVRR/ 89AT`BELTt AIRSAOS DEP DR 10/11/07 17;30 A 101107 01 ER1 NA COMMENTS] 11D: H001 ACCLPTla INS ADMITTING OX. 1 ADMITTiNQ DR. ATTENDING DR. ` ,(' -ri My REFERRING DR. 180010 ED GROUP 18001.8 pup DM I G COMPLAINT BIj=GHT BY. AMBULANCE SERVICE: A f MK E PT ACCT it 134889 30837330 ER1 913 MEDICAL RECO 0 SMITH ,BARBARA A 51 F COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Court A. Smith of Common Pleas vs. Case Number: 09- Joseph W. Teetie 5916 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Kevin Rauch, Esquire of Summers McDonnell- Mechanicsburg certifies that: (1) A notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of Intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 8/4/2010 Litigation Solutions, LLC on behalf of Kevin Rauch, Esquire of Summers McDonnell- Mechanicsburg Attorney for the Defense CC: Kevin Rauch, Esquire Summers McDonnell- Mechanicsburg 100 Sterling Parkway, Suite 306 Mechanicsburg PA 17050 FedEx Express U.S. Mail: PO Box 727 Customer Support Trace Memphis, TN 38194-4643 3875 Airways Boulevard Module H, 4th Floor Telephone: 901-369-3600 Lxprm Memphis, TN 38116 November 8,2010 Dear Customer: The following is the proof-of-delivery for tracking number 796386901364 Delivery Inforrnation: Status: Delivered Delivered t0: Shipping/Receiving Signed for by: D.GRAY Delivery location: CAMP HILL, PA Service type: FedEx 2Day Service Delivery date: Nov 1, 2010 09:33 NO SIGNATURE IS AVAILABLE FedEx Express proof-of-delivery details appear below; however, no signature is cu rrently available for this shipment. Please check again later for a signature. Shipping Inforrnation: Tracking number. 796386901364 Ship date: Oct 28, 2010 Weight: 1.0 Ibs/0.5 kg Recipient: Shipper: CAMP HILL, PA US Pittsburgh, PA US Reference BSmith Department number Medical Records Thank you for choosing FedEx Express. FedEx Worldwide Customer Service 1.800.GoFedEx 1.800.463.3339 CERTIFICATE OF SERVICE I hereby certify that the Motion to Compel, was served on the following counsel by first class mail on this 12th day of November, 2010. Gerald C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 (Attorney for Plaintiff) By: Kevin D. Rauch, Esquire Counsel for Defendant NOV 16 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, Plaintiff, V. JOSEPH W. TEETIE, Defendant. CIVIL DIVISION NO. 09 - 5916 (Jury Trial Demanded) ORDER AND NOW, this le 0% day of M&jt n? u , 2010, it is hereby ORDERED, that the Defendant's Motion to Compel Compliance with Subpoena is granted. The Holy Spirit Hospital is hereby ordered to comply with the Subpoena requesting medical records, films, and a list of all available films of the Plaintiff, Barbara A. Smith, within twenty (20) days of the date of this Order or face such sanctions as the Court may impose, including, but not limited to, the assessment of reasonable attorney's fees in pursuing compliance with this subpoena. ?Distri ution List: Gerald C. Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 (Counsel for Plaintiff) Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 ('Counsel for Defendant) ?..0 !8S MatlEk ?l fla/f o O Q rnm ? ? ?D CO by P Cl D C-) ? Q-j z? s --{ N ? 21 BARBARA SMITH, Plaintiff V JOSEPH TEETIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-5916 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 18th day of January, 2012, after argument in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that pursuant to the request of the parties, the parties will attempt to negotiate a resolution of this matter on or before February 3, 2012. The court will accept a proposed order based on any compromise which can be reached. By the Court, M. L. Ebert, Jr., J. J) C ? Gerard C. Kramer, Esquire cr? _; For the Plaintiff L ,""'Kevin D. Rauch, Esquire r c- ""' c: N 7' For the Defendant ' :mtf ('Cf, r'Sc.I?G'? ?,?? x- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, Plaintiff, CIVIL DIVISION V. JOSEPH W. TEETIE, Defendant. NO. 09 - 5916 (Jury Trial Demanded) Order AND NOW, to wit, this 3? a day of 2012, it is hereby ordered adjudged, and decreed, that in response to Plaintiff's Motion to Compel, the parties have agreed to the following: 1. Defense counsel shall provide Plaintiff's counsel Answers to Interrogatories 8-12 for the calendar years 2010 and 2011. 2. In particular, counsel will provide Plaintiff's counsel the total earnings of Dr. Hely in 2010 and 2011 related to Independent Medical Examinations. 3. Counsel will also produce the number of IME's performed by Dr. Hely over the calendar years 2010 and 2011, and the number of times he has testified. BY THE COURT: Distribution List: ? Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050. ?1 p, rS w?a.`lfof ??J?l? M.L. Ebert, Jr. % (T z - rn -- r n r ? Gerard C. Kramer, Esquire , Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 f c? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PROPOSED ORDER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 2nd day of February, 2012. Gerald Kramer, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. such, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, NO. 09 - 5916 V. PROPOSED ORDER JOSEPH W. TEETIE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17354 BARBARA A. SMITH, IN THE COURT OF COMMON PLEAS OF A SINGLE WOMAN, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF ,...rt C= V. -off rn -mot -01m JOSEPH W. TEETIE, ter" is DEFENDANT NO. 09-5916 CIVIL °° �cr -- r -a - f IN RE: PRE-TRIAL CONFERENCE 6 _. £ ORDER OF COURT AND NOW, this 8t" day of May, 2013, after pre-trial conference with counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this matter will be Gerard C. Kramer, Esquire for Plaintiff and Kevin Rauch, Esquire for Defendant. 2. The parties have indicated that all Motions in Limine will be filed on or before May 15, 2013. 3. There is no judicial conflict in this case. 4. Counsel has indicated that the trial will take approximately 2 days. 5. By agreement of the parties, jurors will not be permitted to take notes. 6. Each party will be granted four peremptory challenges. 7. There is no need for a view in this matter. 8. The parties shall prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court on or before 12:00 p.m. on Friday, May 17, 2013. All visual aids used in the case shall be disclosed to the opposing party. 9. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on Friday, May 17, 2013, a list for proposed voir dire questions. 10. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on Friday, May 17, 2013, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 11. On or before 12:00 p.m. on Friday, May 17, 2013, the parties will provide a proposed verdict slip to the Court for review. 12. Joseph W. Teetie is unavailable due to his failing health and is currently residing in a nursing home and unavailable to be present at trial. Counsel will prepare a neutral statement which will be read to the jury to explain this nonappearance and the fact that the nonappearance is not related.in any way to the accident and is not to be considered by the jury in reaching its verdict. By the Court, M. L. Ebert, Jr., J. " Gerard C. Kramer, Esquire Attorney for Plaintiff ,4evin Rauch, Esquire Attorney for Defendant Court Administrator D'S 5��13 bas / -s S�ia ��I !'iLEL-01`F 1 C 2b13 jUL 16 pM 1: 5 CUMPE 4SYEVA A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA A. SMITH, CIVIL DIVISION Plaintiff, V. NO. 09 - 5916 JOSEPH W. TEETIE, (Jury Trial Demanded) Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, SCHMIDT KRAMER, P.C. By: Gerard Kramer, Esquire Counsel for Defendant