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HomeMy WebLinkAbout09-8914Joseph DeRita, Esquire Attorney I.D.#48718 Roger McMenamin, Esquire Attorney I.D.#75235 Shor, Levin & DeRita, P.C. 261 Old York Road, Suite 200 Jenkintown, Pennsylvania 19046 215-576-7600 Attorney for Plaintiffs GREGORY KOHR and Court of Common Pleas MELISSA KOHR, h/w of Cumberland County 1003 Red Rock Road Blain, PA 17006 Civil Action - Law VS. No. ANDREW MARK and Jury Trial Demanded MEGAN MARK 200 E. Water Street Blain, PA 17006 Personal Injury Motor Vehicle Accident NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth again you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Joseph DeRita, Esquire Attorney I.D.#48718 Roger McMenamin, Esquire Attorney I.D.#75235 Shor, Levin & DeRita, P.C. 261 Old York Road, Suite 200 Jenkintown, Pennsylvania 19046 215-576-7600 Attorney for Plaintiffs GREGORY KOHR and MELISSA KOHR, h/w 1003 Red Rock Road Blain, PA 17006 VS. ANDREW MARK and MEGAN MARK 200 E. Water Street Blain, PA 17006 COMPLAINT Court of Common Pleas of Cumberland County Civil Action - Law No. 0 q- S;--j / y C,?,J f Jury Trial Demanded 1. Plaintiffs, GREGORY KOHR and MELISSA KOHR, husband and wife, are adult individuals who reside at 1003 Red Rock Road, Blain, Pennsylvania 17006. 2. Defendants, ANDREW MARK and MEGAN MARK, husband and wife are adult individual who reside at 1200 E. Water Street, Blain, Pennsylvania 17006. 3. On or about May 4, 2009, at approximately 10:20 p.m., Plaintiff, MELISSA KOHR, was a passenger in a vehicle operated by Plaintiff, GREGORY KOHR, which was traveling in a northerly direction on Spring Road (Route 34) near the intersection of Cranes Gap Road in North Middleton Township, Cumberland County, Pennsylvania. 4. At the aforesaid date, time and place, Defendant, MEGAN MARK, was operating a motor vehicle believed to be owned by Defendant, ANDREW MARK and was traveling eastbound on Cranes Gap Road in North Middleton Township, Cumberland County, Pennsylvania. Said motor vehicle was so carelessly, recklessly and negligently operated as to run the stop sign, cross the intersection, then cross the center line of the roadway directly into the northbound lane of travel on Spring Road, violently colliding head on into Plaintiffs' vehicle. 5. The collision caused Plaintiffs, GREGORY KOHR and MELISSA KOHR, to be violently hurled about and caused Plaintiffs to sustain personal injuries more particularly hereinafter set forth. 6. Defendant, MEGAN MARK was arrested and charged with (1) DUI of Alcohol .16 - Above; and (2) Crossing the Center Line of the Highway. It is unknown, at present, the disposition of the criminal charges. 7. The acts of the Defendants constitutes a reckless indifference to the rights and safety of Plaintiff, GREGORY KOHR and Plaintiff, MELISSA KOHR, justifying an award of punitive damages. 8. The carelessness, recklessness and negligence of Defendants, includes but is not limited to the following: (a) failing to keep a proper lookout; (b) failing to keep and maintain her motor vehicle under proper and adequate control; (c) operating a motor vehicle without due regard for the rights, safety and position of Plaintiff, GREGORY KOHR and Plaintiff, MELISSA KOHR; (d) operating a motor vehicle under the influence of alcohol; (e) failing to stop at a stop sign; (f) traveling at a high rate of speed; (g) failing to sound a warning of the approach of her vehicle; (h) violating the rules of the road as aforesaid; (i) failure to obey and observe traffic safety devices; (j) failure to obey pertinent statutes and ordinances relating to the operation of a motor vehicle on public highways as aforesaid; (k) negligently entrusting said vehicle to Defendant, MEGAN MARK, who Defendant, ANDREW MARK, new, or in the exercise of reasonable care should have know would operated said vehicle in a careless, reckless and negligent manner. 9. The aforementioned occurrence was not caused by any act or failure to act on the part of the Plaintiffs, but caused solely and approximately by the carelessness, recklessness and negligence of Defendants as aforesaid. COUNT ONE PLAINTIFF, GREGORY KOHR v. DEFENDANT, ANDREW MARK AND DEFENDANT, MEGAN MARK 10. Plaintiff, GREGORY KOHR, herein incorporates by reference paragraphs one through nine inclusive as though the same were set forth more fully in length. 11. Asa result of the aforementioned occurrence, Plaintiff, GREGORY KOHR, has suffered injuries which are and may be serious and permanent, including but not limited to the following: (a) left foot fracture; (b) right foot heel fracture; (c) right shoulder injury; (d) cervical injury; (e) concussion with loss of consciousness; (f) memory loss, dizziness. 12. By reason of the aforesaid, Plaintiff, GREGORY KOHR, has suffered, and probably will into the future, continue to suffer great pain and agony, as he has been, and probably will in the future be hindered and prevented from attending to his daily duties, all to his great damage and loss. 13. As a further result of this occurrence, Plaintiff, GREGORY KOHR, has been and will be obliged to receive and undergo medical attention and care, to expend various sums of money, and to incur various expenses as set forth in 75 Pa. Cons. Stat. 1712(1) for the injuries he has suffered, the cost or reasonable value of which is or may be in excess of the sums recoverable as "required benefits" as defined in 75 Pa. Cons. Stat.1711 and he may be obliged to continued to expend such sums or incur such expenditures for an indefinite time in the future. 14. As a further result of this occurrence, Plaintiff, GREGORY KOHR, has or may hereafter suffer a severe loss of his earnings, and impairment of his earning capacity and power as defined in 75 Pa. Cons. Stat. 1712, which such loss of earnings or diminution of earning capacity has or may exceed the sums recoverable as "required benefits" as set forth in 75 Pa. Cons. Stat. 1711. 15. As a direct and reasonable result of this occurrence as aforesaid, Plaintiff, GREGORY KOHR, has or may hereafter incur other financial expenses which do or may exceed amounts to which he is otherwise entitled recovery. Plaintiff further avers that a result of the aforesaid carelessness, recklessness and negligence of the Defendants, he has been obliged to incur hospital and medical expenses and may and probably will continue to incur said expenses in the future, all to his great detriment and loss. 16. As a further result of the aforementioned occurrence, Plaintiff, GREGORY KOHR, has suffered severe physical pain, mental anguish and humiliation and he may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff, GREGORY KOHR, demands judgment in his favor and against the Defendants, ANDREW MARK and MEGAN MARK, both individually and jointly, in a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00) and a trial by jury of not less than twelve (12) members, together with interest thereon, cost of suit and punitive damages is hereby demanded by Plaintiffs. COUNT TWO PLAINTIFF. MELISSA KOHR v. DEFENDANT. ANDREW MARK AND DEFENDANT, MEGAN MARK 17. Plaintiff, MELISSA KOHR, herein incorporates by reference paragraphs one through sixteen inclusive as though the same were set forth more fully at length. 18. Asa result of the aforementioned occurrence, Plaintiff, MELISSA KOHR, has suffered injuries which are and may be serious and permanent, including but not limited to the following: (a) rib fractures; (b) fracture at T-12; (c) cervical injuries; (d) urological injuries; (e) contusion of pelvis; (f) lumbar injuries. 19. By reason of the aforesaid, Plaintiff, MELISSA KOHR, has suffered, and probably will into the future, continue to suffer great pain and agony, as she has been, and probably will in the future be hindered and prevented from attending to her daily duties, all to her great damage and loss. 20. As a further result of this occurrence, Plaintiff, MELISSA KOHR, has been and will be obliged to receive and undergo medical attention and care, to expend various sums of money, and to incur various expenses as set forth in 75 Pa. Cons. Stat. 1712(1) for the injuries she has suffered, the cost or reasonable value of which is or may be in excess of the sums recoverable as "required benefits" as defined in 75 Pa. Cons. Stat. 1711 and she may be obliged to continued to expend such sums or incur such expenditures for an indefinite time in the future. 21. As a further result of this occurrence, Plaintiff, MELISSA KOHR, has or may hereafter suffer a severe loss of her earnings, and impairment of her earning capacity and power as defined in 75 Pa. Cons. Stat. 1712, which such loss of earnings or diminution of earning capacity has or may exceed the sums recoverable as "required benefits" as set forth in 75 Pa. Cons. Stat. 1711. 22. As a direct and reasonable result of this occurrence as aforesaid, Plaintiff, MELISSA KOHR, has or may hereafter incur other financial expenses which do or may exceed amounts to which she is otherwise entitled recovery. Plaintiff further avers that a result of the aforesaid carelessness, recklessness and negligence of the Defendants, she has been obliged to incur hospital and medical expenses and may and probably will continue to incur said expenses in the future, all to her great detriment and loss. 23. As a further result ofthe aforementioned occurrence, Plaintiff, GREGORY KOHR, has suffered severe physical pain, mental anguish and humiliation and he may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff, MELISSA KOHR, demands judgment in her favor and against the Defendants, ANDREW MARK and MEGAN MARK, both individually and jointly, in a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00) and a trial by jury of not less than twelve (12) members, together with interest thereon, cost of suit and punitive damages is hereby demanded by Plaintiffs. COUNT THREE PLAINTIFF. GREGORY KOHR vs. DEFENDANT ANDREW MARK AND DEFENDANT MEGAN MARK 24. Plaintiff, GREGORY KOHR, incorporates herein paragraphs one through twenty-three as if same were set forth below. 25. As a direct and proximate result of the carelessness, recklessness and negligence of Defendants, ANDREW MARK and MEGAN MARK, as aforesaid, Plaintiff GREGORY KOHR, has been obliged to incur and will for an indefinite time in the future continue to incur many expenses for medication, medical care and attention and hospitalization, in endeavoring to treat his wife of her injuries and some of the expenses and losses which have not been made and may in the future exceed amounts to which she is otherwise entitled recovery, all to his great detriment and loss. 26. As a further result of the aforementioned careless, recklessness and negligence of the Defendant as aforesaid, Plaintiff, GREGORY KOHR, has been deprived of the society, comfort, assistance and consortium of Plaintiff, MELISSA KOHR, and will continue to be deprived of the foregoing for an indefinite time in the future, all to his great detriment and loss. WHEREFORE, Plaintiff, GREGORY KOHR, demands judgment in his favor and against the Defendants, ANDREW MARK and MEGAN MARK, both individually and jointly, in a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00) and atrial by jury of not less thantwelve (12) members, together with interest thereon, cost of suit and punitive damages is hereby demanded by Plaintiffs. COUNT FOUR PLAINTIFF. MELISSA KOHR vs. DEFENDANT. ANDREW MARK AND DEFENDANT_ MEGAN MARK 27. Plaintiff, MELISSA KOHR, incorporates herein paragraphs one through twenty-six as if same were set forth below. 28. As a direct and proximate result of the carelessness, recklessness and negligence of Defendants, ANDREW MARK and MEGAN MARK, as aforesaid, Plaintiff MELISSA KOHR, has been obliged to incur and will for an indefinite time in the future continue to incur many expenses for medication, medical care and attention and hospitalization, in endeavoring to treat her husband of his injuries and some of the expenses and losses which have not been made and may in the future exceed amounts to which she is otherwise entitled recovery, all to her great detriment and loss. 29. As a further result of the aforementioned careless, recklessness and negligence of the Defendant as aforesaid, Plaintiff, MELISSA KOHR, has been deprived of the society, comfort, assistance and consortium of Plaintiff, GREGORY KOHR, and will continue to be deprived of the foregoing for an indefinite time in the future, all to his great detriment and loss. WHEREFORE, Plaintiff, MELISSA KOHR, demands judgment in her favor and against the Defendants, ANDREW MARK and MEGAN MARK, both individually and jointly, in a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00) and atrial by jury of not less than twelve (12) members, together with interest thereon, cost of suit and punitive damages is hereby demanded by Plaintiffs. Respectfully submitted, Shor, Levin & DeRita, P.C. By. ??? 1) C a Jos DeRita, Esquire Alt9frney for Plaintiffs By. ("-;" ?? , ger McMenamin, Esquire Attorney for Plaintiffs VERIFICATION I, Gregory Kohr, hereby verify that the averments of fact set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Gregory Ko VERIFICATION I, Melissa Kohr, hereby verify that the averments of fact set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. /V-LL'?aA?' Melissa Kohr ?.? . e V c:. r-.i '4 ? ? ? ?' ??. ????? ? ??? ?. ???? ??? ???. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILE"'- 1 _ l , ;iARY 2010 JAN 14 AIN 8: 4 CU ;V 3 Jody S Smith Chief Deputy Edward L Schorpp Solicitor Gregory Kohr vs. Andrew Mark Case Number 2009-8914 SHERIFF'S RETURN OF SERVICE 01/0412010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Andrew Mark, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 01/04/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Megan Mark, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 01/06/2010 02:35 PM - Perry County Return: And now January 6, 2010 at 1435 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Andrew Mark by making known unto Megan Mark, Wife of defendant at 200 Water Street, Landisburg, PA 17040 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/06/2010 02:35 PM - Perry County Return: And now January 6, 2010 at 1435 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Megan Mark by making known unto herself personally, at 200 Water Street, Landisburg, PA 17040 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 January 12, 2010 SO ANSWERS, RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR NO . 0 9 (~18~4- -~ ~~; ~; MARK & MARK" m ~ t'~ ~^ • - ~~ ~ rn tf3 Ff~ CERTIFICATE ~ ~~ .c- ~~.., ~ ~,, -D = PREREQUISITE TO SERVICE OF A SUBPOENA y_ ~..., ~ `; z c~T t~ ~ m PURSUANT TO RULE 4009.22 ~ ~ o~~' 0 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/19/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQIIIRIES SHOIILD BB ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M371459 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK I No. 090894 TO: JOSEPH DERITA, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/29/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQIIIRIES SHOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc (s) : Copy of subpoena (s ) Counsel return card File #: M371459 OF pII~II~.SYLVANIA OOOATt'Y OF KOHR & KOHR . Vs. File No. MARK & MARK 09089/+f SUBPOENA TO PRODUCE DOCUhENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CINCINNATI INS CO, PO BOX 145496, CINCINNATI OH 45250 TO; ATTN: WC CLAIMS MANAGER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or~ng~~ ~~ __ at MEDICAL •~ ~----- (Address) You may deliver or mail legible copies of the documents or produce things requested h~ 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 rea.onabi~ 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 orde~~ cartpe 11 i ng .you to carp 1 y with i t . THIS SUBPOENA WAS ISSUED AT THE REG~UEST OF THE FOLLOWING PERSON: NAr'E: JEFFREY B RETTIG, ESQ ADDRESS: 301 MARKET ST LEMOYNE, PA 17043 TELEPHONE : „, ~ , , ~ ~ ., ., ~ SUPREhE OOURT ID # - 1-~--- ATTORNEY FOR: DEFENDANT M371459-01 DATE: ~ Seal of th tburt BY THE OOURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TD S UBPOENA KOHR & KOHR Vs. No. 090891 MARK & MARK CUSTODIAN OF RECORDS FOR : CINCINNATI INS CO **SEE ATTACHED ADDENDUM** CLM #921900 PERTAINING TO: NAME: GREGORY KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 03/23/62 SSAN: XXXXX9019 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that; to the best of my knowledge, information and belief all documents or things above mentioned izave been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or CINCINNATI INS CO CUMBERLAND M371459-01 * * * SIGN AND RETURN THIS PAGE * Addendum Copy of the entire workers compensation file, Claim #921900, to include, but not limited to, first report of injury, medical reports, IME reports, bureau documents, wage statement, print out of medical and indemnity payments, utilization reviews, recorded statement and any other documents whatsoever, contained in the workers compensation file from 6/23/08 to present. o~ ~xrvArrrA COOIdl'Y OF CLID KOHR & KOHR Vs . File No. MARK & MARK 090891y SUBPOENA TO PRODUCE DOCt~•ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, ONE STATE FARM DR, CONCORDVILLE PA 19339 TO: ATTN: CLAIMS MANAGER _ - (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 orsng~+r ~r~~,.m~ ~ !_ at _ MEDICAL LLGAL RL • ' ' ' ~~-~~ (Address) You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together wi tl1 the certificate of comp l i ance, to the party making th i request at the address listed above. You have the right to seek in advance the rea.onabl~ cost of preoaring 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 orde~~ cxxrpe 11 i ng you to cortp 1 y with i t . THIS SUBPOENA WAS ISSUEO AT THE REGiUEST OF THE FOLLa4VIN0 PERSON: NAIrE: JEFFREY B RETTIG, ESQ ADDRESS: 301 MARKET ST LEMnvnTF, PA 17043 TELEPHONE • ., ., ., ., SUPREhE OOURT ID # _ --_ ATTORNEY FOR: 19 6 6 DEFENDANT M371459-02 DATE : ~~/~,_al,D l U Seal of the t~..FL• BY THE OOURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/9T) ADDENDUM TO S UBPOENA KOHR & KOHR Vs. MARK & MARK No. 09089~1y CUSTODIAN OF RECORDS FOR : STATE FARM INS CO **SEE ATTACHED ADDENDUM** CLM #38L687155 PERTAINING TO: NAME: GREGORY KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 03/23/62 SSAN: XXXXX9019 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or STATE FARM INS CO CUMBERLAND M371459-02 *** SIGN AND RETURN THIS PAGE *** ADDENDUM Copy of the entire first party file Claim #38L687155 of Gregory Kohr to include, but not limited to, print out of medical and indemnity payments, application for benefits, medical records, peer reviews and any other documents whatsoever contained in the first party file from 5/4/09 to present. Z . ,. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 KOHR GREGORY ET AL (VS) MARK ANDREW ET AL Case Number 2009-08914 Received of PD MEDICAL LEGAL REPORDUCTIONS IM Total Non-Cash..... + 9.00 Check## Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $9.00 Distribution Of Payment Receipt Date 2/04/2010 Receipt Time 13:02:59 Receipt No. 237254 27616 Transaction Description Payment Amount SUBPOENA 3.00 CUMBERLAND CO GENERAL FUND SUBPOENA 3.00 CUMBERLAND CO GENERAL FUND SUBPOENA 3.00 CUMBERLAND CO GENERAL FUND $9.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK Q,~iy NO. 096834 CERTIFICATE ~ o '~ PREREQUISITE TO SERVICE OF A SUBPOENA ~ ~ ~- -~ ~ , ~ ~ ~ ~' PURSUANT TO RULE 4009.22 ~ .~ ~ ~ ~ c`::' i x- ;. . -Q ~„ As a prerequisite to service of a subpoena (s) for documents ar~l t~43ng ~ pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that ~' 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/19/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQIIIRIBS SHOIILD B$ ADDRESS}3D TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M371458 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK I No. 090894 TO: JOSEPH DERITA, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/29/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQIIIRIES SHOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc(s) Copy of subpoena(s) Counsel return card File #: M371458 QO~~TFI OF gII~II~15YI,VANIA ' Cp[JNl'Y OF KOHR & KOHR , Vs . 09089~~ File No. MARK & MARK ' SUBPOENA TO PRODUCE DOCt~ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 STATE FARM INS CO, ONE STATE FARM DR, CONCORDVILLE PA 19339 T0: ATTN: CLAIMS MANAGER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo flowing documents o~~i,'n~'~~'~r,~~1-A11nF.NniTM __ at z~E~ 4T40 alSg~rrns ~T _ ~ PHTLA. , PA I4 --~~. (Address) You may deliver or mail legible copies of the documents or produce things requestec!',~ 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 rea.onabl~ 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 thi, subpoena may seek a court orde~~ crnpe i l i ng you to oortp l y with i t. THIS SUBPOENA WAS ISSUED AT THE R~Q~,r~ ~TF~S~OLLCW I NG PERSON: JEFFREY NAhE AC~ORESS: 301 MARKET ST L~'MOYNE, PA 17043 TELEPHONE : ~ ~_ F ~ 3 5 - 3 ~ i SUPREI"E COURT I D # ATTORNEY FOR: D'iaFENDANT M3 714 5 8 - O 1 BY T1iE COURT c~ Prothonotary/Clerk, Civil Division DATE : ~..0 fQ _ Sea 1 of t e court _ f 2~~~~ - Deputy (Eff. 7/97) ADD~N~D UM TO S UBPOENA KOHR & KOHR Vs. No. 090891y MARK & MARK CUSTODIAN OF RECORDS FOR: STATE FARM INS CO **SEE ATTACHED ADDENDUM** CLM #38L687155 PERTAINING TO: NAME: MELISSA KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 05/23/70 SSAN: XXXXX6158 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned `nave-been produced. [ l NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or STATE FARM INS CO CUMBERLAND M371458-O1 * * * SIGN AND RETURN THIS PAGE * * * Addendum Copy of the entire first party file of Melissa Kohr, Claim #38L687155 to include, but not limited to, print out of medical and indemnity payments, application for benefits, medical records, peer reviews and any other documents contained in the first party file from 5/4/09 to present. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR NO. 09889 MARK & MARK ~ o CERTIFICATE ~; ~ ~ PREREQUISITE TO SERVICE OF A SUBPOENA ~; ~~T ~ ~- ~ ~ PURSUANT TO RULE 4009.22 ~~' ~~ ,- s'~^ c:. ~ c~ ~ As a prerequisite to service of a subpoena(s) for documents ad rn ~in pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifie s that ~ 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/24/10 k r~ #.:k',• JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQIIIRIES SHOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M371612 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK ~ No. 090894 TO: JOSEPH DERITA, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/03/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQIIIRILS SHOIILD B$ ADDRLSS}3D TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc (s) : Copy of subpoena (s ) Counsel return card File ## : M371612 CpM~DNWFALTH OF pE~TSYLVANIA COI)L~t'Y OF Q~ID~12~AND KOHR & KOHR Vs . File No. 09089!'{ MARK & MARK MEDICAL BILLING REQIISSTED SUBPOENA TO PRODUCE DOCt~ENTS oR THINOS FOR DISOOVERY PURSUANT TO RULE 4009.22 APPALACHIAN ORTHO CTR, 1 DUNWOODY DR, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fot ]owing documents orsng~fi ~~mY~R __ at _ __ MEDICAL LEGA •• •' ~~! (Address) You may deliver or mail legible copies of the documents or produce things requested ~~ this subpoena, together wit! the certificate of cortpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onable 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 orde~- cxxrpe 11 i ng you to onrrp 1 y with i t . THiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOI.LOWINQ PERSON: N~„E: JEFFREY B RETTIG, ESQ AC)DRESS: 301 MARKET ST L,FMnYNF , FA ~7 0 4 3 TELEPHONE : ., „ , „ SUPREME OOURT I D ~ - - - - - - ATTORNEY FOR: 1966 DEFENDANT M371612-O1 DATE : ~~~ Seal of the in BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA KOHR & KOHR Vs. No. 090891y MARK & MARK CUSTODIAN OF RECORDS FOR c APPALACHIAN ORTHO CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: MELISSA KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 05/23/70 SSAN: XXXXX6158 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record. of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or APPALACHIAN ORTHO CTR CUMBERLAND M371612-01 * * SIGN AND RETURN THIS PAGE ADDENDUM Appalachian Orthopedic Center Complete copy of medical records to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer documents, testing, billing and any other documents whatsoever contained in the medical file from 1/1/2007 to present. oo~Tx o~ pn~nasYLV1~+. aacn~rY of ~ KOHR & KOHR Vs. MARK & MARK • File No. 090891y MEDICAL BILLING REQIISSTED SUBPOENA TO PRODUCE DOCl1NENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 SADLER HEALTH CTR, 100 N HANOVER ST, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent5 orSg~T __ at _ -__. MEDICAL LEGAL RS - •• '' Address) You may deliver or mail legible copies of the documents or produce things requester' h~ this subpoena, together wi t!i the certificate of carp 1 i once, to the party making th i request at the address listed above. You have the right to seek in advance the rea.onabl~ cost of preoaring 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 thi~~ subpoena may seek a court orde~- crnpe 11 ing you to comp 1 y with i t . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCJWIWC3 PERSON: NAhE: JEFFREY B RETTIG, ESQ ACIORESS; 301 MARKET ST LEMnvivF , P~A 17 04 3 TELEPHONE: SUPREhE OOURT ID # _ 1966 ATTORNEY FOR: DEFENDANT M371612-02 DATE : _~~~~( Seal of tn+~' fart () (Eff. 7/97) BY THE OOURT: C Prothonotary/Clerk. Civil Division ADDENDUM TO S UBPOENA KOHR & KOHR Vs. MARK & MARK No. 090891y CUSTODIAN OF RECORDS FOR : SADLER HEALTH CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: MELISSA KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 05/23/70 SSAN: XXXXX6158 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WII,L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or SADLER HEALTH CTR CUMBERLAND M371612-02 ~` ~` * SIGN AND RETURN THIS PAGE ADDENDUM Sadler Health Center Copy of the complete medical file to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer documents, testing, billing and any other documents whatsoever contained in the medical file from 1/1/2007 to present. og pnasYr.,vaxrA aocnarsr of KOHR & KOHR Vs. . File No. MARK & MARK 09089/+f MEDICAL BILLING REQIIESTED suBPOENa To PRODUCE Doa~Nrs oR THINOs FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE UROLOGY, 366 ALEXANDER SPRING RD, CARLISLE PA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 11 ow i ng docunents orsi g/lj~T A f'HF,~ A nnF,Nni TM at - N1', 49d.0 nTCCTAN CT _ , p$TT.n _ _ pp~ ~__ ' (Address} You may deliver or mail legible copies of the documents or produce things requested ti~ this subpoena, together wit! the certificate of camplia~ce, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onabl~ cost of preoaring the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (201 days after its service, the party serving this subpoena may seek a court orde~- conpe 11 i ng you to comp 1 y with i t . THIS SUBPOENA WAS I SSUEDJEFF'RE'YRB~'I~G,~S'~'LOW l NC3 PERSON: NAhE AL~ORESS: 301 MARKET ST LEMOYNE, P.A 17043 TELFPHONE:_ ~i ~-~-~~-~~~ SUPREhE OOURT ID .# ATTORNEY FOR: DEFEN M371612-03 BY THE COURT: DATE• Prothonotary/Clerk, Civil Division Seal of th Cr..urt . Deputy (Eff. 7/97) KOHR & KOHR ADDENDUM TO S UBPOENA Vs. No. 09089Jy MARK & MARK CUSTODIAN OF RECORDS FOR: CARLISLE UROLOGY **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: MELISSA KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 05/23/70 SSAN: XXXXX6158 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or CARLISLE UROLOGY CUMBERLAND M371612-03 * * * SIGN AND RETURN THIS PAGE ADDENDUM Carlisle Urology Copy of the complete medical file to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer documents, billing, testing and any other documents whatsoever contained in the medical file from 1/1/2007 to present. RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 KOHR GREGORY ET AL (VS) MARK ANDREW ET AL Case Number 2009-08914 Received of PD MEDICAL LEGAL REPORDUCTIONS IM Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 18.00 Check# .00 .00 $18.00 Receipt Date 2/04/2010 Receipt Time 13:03:48 Receipt No. 237255 27631 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount SUBPOENA 18.00 CUMBERLAND CO GENERAL FUND $18.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR NO. 098~8~#- C' ~=~ MARK & MARK ~- -R--~ Vic' ° ~ ~ CERTIFICATE `~ ~ =' ~:r ~' ~~ ' PREREQUISITE TO SERVICE OF A SUBPOENA ; ~y-' ~-? PURSUANT TO RULE 4009.22 ~T;~ --=- ~ ~~' ~ _.`~,~' ~ w ~ ~ As a prerequisite to service of a subpoena(s) for document s and _ things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena (s) . Date: 02/24/10 ~„`'~ JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQIIIRIES SHOIILD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M371611 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK ~ No. 090894 TO: ROGER MCMENAMIN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/03/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQIIIRILS SHOIILD BE ADDRSSSLD TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc(s) Copy of subpoena(s) Counsel return card File #: M371611 OOM~DI;~WFALTH OF PII~IIdSYLVANIA C~X]NTi'Y OF KOHR & KOHR Vs . File No. MARK & MARK ' 09089N{ SUBPOENA TO PRODUCE DOCLJhENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) SADLER HEALTH CTR, 100 N HANOVER ST, CARLISLE PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or~ng~rr ~}~ __ at MEDICAL LS . , . , $~-------_ (Address) You may deliver or mail legible copies of the documents or produce things requester! ~~ this subpoena, together wi tl~ the certificate of comp 1 i ance, to the party making th i request at the address listed above. You have the right to seek in advance the rea,onabl~ 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: JEFFREY B RETTIG, ESQ ADDRESS: 301 MARKET ST T FMOYI`T~' PA 17 0 4 3 TELEPHONE : ~ ,, ., ,~ -7Z~ 2T-- SUPREhE ODURT ID # _ ATTORNEY FOR: 1 DEFENDANT M3 71611- O 1 BY T~ Ca1RT ~i ~~ ~ _ Prothonotary/Clerk, Civil Division DATE: Seai rf th Coua~t Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA KOHR & KOHR Vs. No. 090891`{ MARK & MARK CUSTODIAN OF RECORDS FOR: SADLER HEALTH CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: GREGORY KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 03/23/62 SSAN: XXXXX9019 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the .following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or SADLER HEALTH CTR CUMBERLAND M371611-01 * * * SIGN AND RETURN THIS PAGE * * * ADDENDUM Sadler Health Center Copy of the complete medical file to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer documents, testing and any other documents whatsoever contained in the medical file from 1/1/2007 to present. oo~Tx of ~YLVANrA OF CU~ERLArID KOHR & KOHR Vs. , MARK & MARK File No. 090891zI MEDICAL BILLING REQIIESTED susPOEw- To PRODUCE DOCLJhENTS oR 1H I Nos FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE NEURO CARE, 220 WILSON ST STE 201, CARLISLE PA 17013 (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~ng~er~~~~~$-_z~$~r n~.~ .~_ at MEDICAL '' ~---^V (Address) You may deliver or mail legible copies of the documents or produce things requested h~ 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 rea~onabl~ cost of pre4aring the copies or p:=oducing the things sought. If you fait to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi:-~ subpoena may seek a court orde~~ cxxrpe 11 i ng you to crnp 1 y with i t . THIS SUBPOENA WAS ISSUED AT THE RECatJEST OF THE FOLLOWING PERSON: NAhE: JEFFREY B RETTIG, ESQ A~~E~; 3 01 MARKET ST r,F:MnYN ,, PA 17043 TELEPHONE: SUPREhE OOURT ID # _ ATTORNEY FOR: 1 DEFENDANT M3.71611-02 DATE : ~ [~_ Sea 1 of the ~Dnurt BY THE ODURT: Prothonotary/Clerk, Civ~ Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA KOHR & KOHR Vs. No. 090891' MARK & MARK CUSTODIAN OF RECORDS FOR : CARLISLE NEURO CARE **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: GREGORY KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 03/23/62 SSAN: XXXXX9019 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or CARLISLE NEURO CARE CUMBERLAND M371611-02 ~` * * SIGN AND RETURN THIS PAGE ADDENDUM Carlisle Neuro Care Copy of the complete medical file to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer documents, testing, billing and any other documents whatsoever contained in the medical file from 1/1/2007 to present. OP' FEi~SdSYLVANIA TO: 00[71~i'Y OF QA'+IB~~ID KOHR & KOHR Vs . File No. MARK & MARK 09089~~ MEDICAL BILLING REQIISSTED SUBPOENA TO PRODUCE DOCtJhENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 APPALACHIAN ORTHO CTR, 1 DUNWOODY DR, CARLISLE PA 17013 (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 orsg~rr n~v~s•'~ _ at _ ____ M]3DICAL LEGA • ~ ' ' ~- (Address) You may deliver or mail legible-copies of the documents or produce things requested h~ this subpoena, together with the certificate of c«rpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onabl~ 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 drde~~ cx~rrpe 11 i ng you to carp 1 y with i t . THIS SUBPOENA WAS ISSUED AT THE REGZIIEST OF THE FOLLOWING PER50N: NAVE: JEFFREY B RETTIG, ESQ AC~ORESS 301 MARKET ST j,FMnYNF „ PA 17 0 4 3 TELEPHONE : ~ ., „ , ., SUPREME OOURT I D # _ - - - -_- - - ATTORNEY FOR: 1966 DEFENDANT M371611-03 DATE: _ Seal of the BAY THE COiJRT :~ Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO S UBPOENA KOHR &~KOHR Vs. MARK & MARK No. 09089~~ CUSTODIAN OF RECORDS FOR : APPALACHIAN ORTHO CTR **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: GREGORY KOHR ADDRESS: 1003 RED ROCK RD BLAIN PA DATE OF BIRTH: 03/23/62 SSAN: XXXXX9019 MEDICAL BILLING REQUESTED CERTIFIEED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN -COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or APPALACHIAN ORTHO CTR CUMBERLAND M371611-03 * * * SIGN AND RETURN THIS PAGE * * * ADDENDUM Appalachian Orthopedic Center Copy of the complete medical file to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer notes, testing and any other documents whatsoever contained in the medical file from 1/1/2007 to present. 9 2010 Jib! is i=~ 2~ ~ I Johnson, Duffle, Step By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvani (717) 761-4540 jbr@jdsw.com ~ Weidner t ,, Cly/~1tI J~4 .-.:' ` tiL lJ~v tl E Attorneys for Defendants Andrew Mark and Megan Mark 17043-0109 GREGORY KOHR KOHR, h/w, Plai v. ANDREW MARK and To: Plaintiffs c/o Joseph DeRit~ 261 Old York Roa Jenkintown, PA 1 You are hereby notified Plaintiffs' Complaint with I may be entered against yi ind MELISSA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA ntiffs NO. 09-8914 CIVIL ACTION -LAW EGAN MARK, JURY TRIAL DEMANDED ~ndants NOTICE TO PLEAD Esquire ', Suite 200 to file a written response to the enclosed Defendants' Answer to lew Matter within twenty (20) days from service hereof or a judgment u. Respectfully submitted, J nson, w Weidner ffrey B. Rettig, E re Attorney I.D. No, 19 6 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendants Johnson, Duffle, S~ By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsyly, (717) 761-4540 jbr@jdsw.com ~ Weidner 17043-0109 Attorneys for Defendants Andrew Mark and Megan Mark GREGORY KOHR KOHR, h/w, Pla nd MELISSA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 09-8914 CIVIL ACTION -LAW JURY TRIAL DEMANDED v. ANDREW MARK and EGAN MARK, De ndants NTSI' NEW MATTER AND NOW Weidner, and answers P 1. It is admit the allegations of this ~ knowledge or information thereof is demanded. 2. Admitted. the Defendants, by their attorneys, Johnson, Duffle, Stewart & stiffs' Complaint as follows: that the Plaintiffs are who they say they are. As to the balance of agraph, after a reasonable investigation, Defendants are without ufficient to form a belief as to the truth of said averment and proof 3. Denied. A er a reasonable investigation, Defendants are without knowledge or information sufficient to orm a belief as to the truth of said averment and proof thereof is demanded. 4. Defendant Megan Mark does not recall the circumstances surrounding the accident. Thus, after rea onable investigation, she is unable to respond to the first paragraph of this allegation. It is admi d that the vehicle was titled in Andrew Mark's name. 5. Denied. A er a reasonable investigation, Defendants are without knowledge or information sufficient to rm~ a belief as to the truth of said averment and proof thereof is demanded. 6. It is admitted that Defendant Megan Mark was arrested and charged with certain offenses. She pled guilty o a DUI offense. 7. Denied. his .allegation represents a conclusion of law to which no reply is required. 8. Denied pursuant to Pa.R.C.P. 1029. 9. Denied information sufficient to 1 demanded. 10. The reference thereto. 11-16. Denied. . information sufficient to demanded. WHEREFORE, Gregory Kohr requests a reasonable investigation, Defendants are without knowledge or a belief as to the truth of said averment and proof thereof is COUNTI Gregory Kohr v Defendants to paragraphs 1 through 9 above are incorporated herein by a reasonable investigation, Defendants are without knowledge or a belief as to the truth of said averment and proof thereof is ~fendant Megan Mark admits negligence on her part. Defendant t Count I of Plaintiffs' Complaint be dismissed without cost to him. COUNT II Melissa Kohr v Defendants 17. The reference thereto. to paragraphs 1 through 16 above are incorporated herein by 18-22. Denied. A er a reasonable investigation, Defendants are without knowledge or information sufficient to orm~ a belief as to the truth of said averment and proof thereof is demanded. 23. This alleg tion refers to a Plaintiff who is not named as such in Count II. Nonetheless, the allegati n is denied, as, after a reasonable investigation, Defendants are without knowledge or info mation sufficient to form a belief as to the truth of said averment and proof thereof is demande . WHEREFORE, D fendant Megan Mark admits that she was negligent in connection with the happening of this ac ident. Defendant Andrew Mark denies any responsibility on his part and demands that he be ismissed. 24. The an reference thereto. COUNT III Gregory Kohr v Defendants to paragraphs 1 through 23 above are incorporated herein by 25-26. Denied. I is denied that Defendant Andrew Mark was careless, reckless or negligent. It is admitted t at Megan Mark was negligent. As to the balance of the allegations of this paragraph, after a reasonable investigation, Defendants are without knowledge or information sufficient to f rm a belief as to the truth of said averment and proof thereof is demanded. WHEREFORE, D fendant Megan Mark admits that she was negligent. Defendant Andrew Mark denies any egligence, recklessness or carelessness on his part. COUNT IV Melissa Kohr v Defendants 27. The reference thereto. 28-29. It is denie is admitted that Megan paragraphs, after a reas sufficient to form a belief WHEREFORE, be dismissed. C happening of this to paragraphs 1 through 26 above are incorporated herein by that Defendant Andrew Mark was careless, reckless or negligent. It lark was negligent. As to the balance of the allegations of these cable investigation, Defendants are without knowledge or information > to the truth of said averment and proof thereof is demanded. Pendant Andrew Mark requests that Count IV of Plaintiffs' Complaint Megan Mark admits that she was negligent in connection with the NEW MATTER 30. The provis ons of the Pennsylvania Motor Vehicle Financial Responsibility Act are incorporated herein, i cluding the limitations with respect to recovery of medical and wage losses. 31. An award f punitive damages under the circumstances of this case would be contrary to the Pennsylva is and/or United States Constitutions. 32. Plaintiffs h ve or may have failed to mitigate their damages in this case. 33. There is o factual basis for Plaintiffs' negligent entrustment claim against Defendant Andrew Mark. WHEREFORE, Defendant Andrew Mark requests that he be dismissed as a Defendant in this case. Respectfully submitted, J nson, Duffle to rt 8~ Weidner e re . Retti uire Attorney I.D. N 9616 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 ibrCcD_idsw.com Attorney for Defendants Andrew and Megan Mark :389969 VERIFICATION I, Andrew Mark, F Complaint; and that the f. information and belief. •y acknowledge that I have read the foregoing Answer to Plaintiffs' stated therein are true and correct to the best of my knowledge, I understand that ny false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to u sworn falsification to authorities. Isy: ~~ Andrew Mark DATE: 7 1 !0 RECEIVED JUL 16 2010 JOHNSON DUFF(E VERIFICATION I, Megan Mark, h reby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint; and that the f cts stated therein are true and correct to the best of my knowledge, information and belief. I understand that C. S. §4904, relating to u DATE: ~ 1 ~ ~~ false statements herein are made subject to penalties of 18 Pa. falsification to authorities. By: ~~G~ Mega ark RECE11lE JUL 16 ~~~~ JOHNSON DU~~~E CERTIFICATE OF SERVICE AND NOW, this day of July, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Defendants' Answer to Plaintiffs' Complaint with New Matter upon the of er parties of record by causing same to be deposited in the United States Mail, first class pos age prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph DeRita, Esquire Shor, Levin &DeRita, P.C. 261 Old York Road Suite 200 Jenkintown, PA 19046 JOHNSON, DUFFIE, STEWART 8~ WEIDNER By: rey B. Rettig Roger McMenamin, Esquire Attorney I.D.#75235 Shor, Levin & DeRita, P.C. 261 Old York Road, Suite 200 Jenkintown, Pennsylvania 19046 215-576-7600 Z~10.~'~'~ 23 Fri ~'-~ u'~ ~~l.a~ Pn~ a~•5~ ~~ , c~,r~ ~ _ ~ . ~~~~r~ ~ ~ ! ' r~ ; t_~ ,~ ~ Attorney for Plaintiffs GREGORY KOHR and MELISSA KOHR, h/w Plaintiffs Court of Common Pleas of Cumberland County Civil Action -Law vs. ANDREW MARK and MEGAN MARK Defendants No. 09-8914 Jury Trial Demanded PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS Plaintiffs', GREGORY KOHR and MELISSA KOHR'S Reply to New Matter as follows: 30. - 33. Denied. Plaintiffs lack sufficient knowledge or information to form a belief as to the truth or falsity of the factual allegations in these paragraphs. The allegations in these paragraphs are conclusions of law to which no response is required. Strict proof thereof is demanded at time of trial. WHEREFORE, Plaintiffs respectfully requests relief in their favor as stated in the Complaint. Respectfully submitted, SHOR, LEVIN & DeRITA, P.C. o c Roge McMen n, sq ire Attorney for Plaintiffs VERIFICATION I, Roger McMenamin, Esquire, hereby state that I am the attorney for Plaintiffs, Gregory Kohr and Melissa Mohr, and verify that the averments of facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 P.C.S. Section 4904 relating to unsworn falsification to authorities. .~ a ger McMe in, squire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. NO. 098914 .J MARK & MARK 0 - `D CERTIFICATE Z:13 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 C' N +cty As a prerequisite to service of a subpoena(s) for documents an?.3t1 g. pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least. twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 08/27/10 q---- JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M377495 IN TM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK No. 098914 TO: ROGER MCMENAMIN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/06/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc(s): Copy of subpoena(s) Counsel return card File #: M377495 COMM3NWEALTH OF PENNSYLVANIA COL)N ry OF caKaERLAND KOHR & KOHR Vs. Fi Is No. 098914 MARK & MARK SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CINCINNATI CAS INC, 320 MARKET ST BOX 1268, HARRISBURG PA 17108-1268 TO: ATTN: MICHAEL CROCENZI (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 orS g rr ?rrll TM +_ at _ - MEDICAL LL " Ph (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea,onable 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 thin subpoena may seek a court order cxmpe l l i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ ADDRESS: 301 MARKET ST LEMOYNE, PA 17043 TELEPHONE: _:?z 3 S--31 2. 12 - SUPREME OOURT ID # 196b - ATTORNEY FOR: _ DEFENDANT M377495-01 DATE : j 3 r"Iw Seal of the Court BY THE COURT: vision (Eff. 1/97) ADDENDUM TO SUBPOENA KOHR & KOHR Vs. No. 098914 MARK & MARK CUSTODIAN OF RECORDS FOR: CINCINNATI CAS INC **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: GREGORY KOHR ADDRESS: 1003 RED ROCK RD BLANE PA DATE OF BIRTH: 03/23/62 SSAN: XXXXX9019 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or CINCINNATI CAS INC CUMBERLAND M377495-01 * * * SIGN AND RETURN THIS PAGE ADDENDUM TO SUBPOENA Cincinnati Casualty, Attn: Michael Croncenzi, Esq Copy of updated workers compensation file documents Claim #921900 to include but not limited to all Compromise and Release Documents including Order approving Compromise and Release, any additional IME reports other than the report of D. Cooper, MD dated 1/20/09 and any other documents from 1/1/2010 to present. FlLFO-OFFiCE OF THE P~,aTNDNaTARY Roger McMenamin, Esquire Attorney I.D.#75235 Shar, Levin & DeRita, P.C. 261 Old York Road, Suite 200 Jenkintown, Pennsylvania 19046 215-576-7600 GREGORY KOHR and MELISSA KOHR, h/w Plaintiffs vs. ANDREW MARK and MEGAN MARK Defendants Attorney for Plaintiffs Court of Common Pleas of Cumberland County Civil Action -Law No. 09-8914 Jury Trial Demanded MOTION TO COMPEL ANSWERS TO PLAINTIFFS' SECOND SET OF SUPPLEMENTAL DOCUMENT REQUESTS DIRECTED TO DEFENDANTS AND TO STRIKE INSUFFICIENT RESPONSES 1. On December 31, 2009, Plaintiffs filed a Civil Action Complaint due to a motor vehicle accident which occurred in Cumberland County, Pennsylvania. 2. On or about August 18, 2010, Plaintiffs propounded a Second Set of Supplement Document Requests. A true and correct copy is attached hereto and marked Exhibit "A". 3. Defendants have objected to Plaintiffs' Second Set of Document Requests by alleging that Defendants would be caused unreasonable annoyance, embarrassment and burdensome and the requests are beyond the scope of discovery. A true and correct copy is attached hereto and marked Exhibit "B". 4. On July 23, 2010, Plaintiffs' counsel took the deposition of Defendant, Megan Mark. ~a~a acT ~ s PM 2= os CUMBERLAND COUf~TY FEhNSYLYAHiA Ms. Mark admitted to the existence of the following: a. Defendants' phone carrier is through Verizon; b. Defendants' personal credit card is a Mastercard; c. Defendants' debit card is through Inova Bank; and d. Defendants' use a Member 1 S` card for purchases which is through the Credit Union. 5. Defendant, Megan Mark's testimony states that she does remember that she was drinking on the day of the accident. Ms. Mark plead guilty to DUI. In addition, Ms. Mark testified that she had no recollection of the automobile accident or where she was drinking for several hours before the accident. 6. Based on the deposition, Plaintiffs requested those documents, records and items specifically to investigate if Plaintiff was drinking at any public bars or restaurants. 7. As a result of Defendants failure to respond to Plaintiffs discovery requests, Plaintiffs will be severely impaired and prejudiced to further investigate and evaluate this case as well as pursue whatever additional discovery is necessary if Defendants are not compelled to produce full and complete responses to Plaintiffs' requests. WHEREFORE, Plaintiffs request that the attached Order be entered (1 } compelling the production of existing documents; and (2) striking the insufficient answer to document requests and things within twenty (20) days from the date that the Order is entered, or thereafter suffer possible sanctions upon further application of Plaintiffs. Respectfully submitted, R cMenamin, Esquire A orney for Plaintiffs Roger McMenamin, Esquire Attorney I.D.#?S23S Shor, Levin & DeRita, P.C. 261 Old Yark Road, Suite 200 Jenkintown, Pennsylvania 19046 21 S-S76-7600 GREGORY KOHR and MELISSA KOHR, hiw Plaintiffs vs. ANDREW MARK and MEGAN MARK Defendants Attorney for Plaintiffs Court of Common Pleas of Cumberland County Civil Action -Law No. 09-8914 Jury Trial Demanded CERTIFICATE OF SERVICE I do hereby certify that I am this day serving the foregoing Motion upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: Service by first class mail, postage prepaid addressed as follows: Jeffrey B. Retting, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: October 14, 2010 Ro cMenamin, Esquire Attorney for Plaintiffs SHOR, LEVIN & DERITA, P.C. JAY ELLIOTT SHOR LAWRENCE D. LEVIN JosErH DeRITA• ROGER G Mc1~~NAMIN DAVID P. ROVNER •uM. Txw. nrnocwcY August 18, 2010 Jeffrey B. Rettig, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 LAW OFFICES SUITE 200, THE PAVII.ION 261 OLD YORK ROAD JENKINTOWN, PENNSYLVANIA 19046 (215)576-7600 (800) 681.7000 FAX (215) 576-8188 Re: Gregory Kohr and Melissa Kohr vs. Andrew Mark and Megan Marlc Cumberland County, CCP, No. 09-8914 Dear Mr. Rettig: Enclosed please find Plaintiffs' 2"d Set of Request for Production of Documents Addressed to Defendants. Kindly provide the answers within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter. Very truly yours, Shor, Levin & DeRita, P.C. ~~~ Roger McMenamin, Esquire RM/nc Roger McMenamin, Esquire Attorney I.D.#75235 Shor, Levin & DeRita, P.C. 261 Old York Road, Suite 200 Jenkintown, Pennsylvania 19046 215-576-7600 Attorney for Plaintiffs GREGORY KOHR and MELISSA KOHR, h/w Plaintiffs Court of Common Pleas of Cumberland County Civil Action -Law vs. ANDREW MARK and MEGAN MARK No. 09-8914 Jury Trial Demanded Defendants PLAINTIFFS' 2ND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANTS. ANDREW MARK AND MEGAN MARK You are requested to produce, in accordance with Pennsylvania Rule of Civil Procedure 4009, the originals or clear, readable copies of the below listed documents and/or items. These documents and/or items will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced, videotapes and audiotapes shall be viewed and/or heard and a copy made. The below listed documents and/or items are to be produced at Plaintiff's counsel's office on or before thirty (30) days from the date of service herein. Such request is continuing up to and at the time of trial. An original or a copy of any and all Verizon cell phone bills for both Megan Mark and Andrew Mark's cell phones for the months of Apri12009 and May 2009. 2. An original or a copy of any and all personal credit card statements including the Mastercard statements for all cards used by Megan Marlc and Andrew Mark for the months of Apri12009 and May 2009. 3. An original or a copy of any and all Inova Bank statements for the months of April 2009 and May 2009. 4. An original or a copy of any and all Credit Union statements for the months of April 2009 and May 2009. 5. An original or a copy of any and all Member 1S` card statements for the months of Apri12009 and May 2009. This request is deemed to be continuing in that any documents, statements, reports or other tangible things secured subsequent to the date herein for the production of same are to be provided by party's counsel within thirty (30) days for their receipt. Shor, Levin & DeRita, P.C. ,- ~, ~~ Roger McMenamin, Esquire Attorney for Plaintiffs Dated: August 18, 2010 JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY Jo` "~soN j~UFFIE MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN RAH E. HOFFMAN A REW J. PETSU, JR. COUNSEL HORAC~f~NSON F. LEE~SwIN (1965-2006) 1~ !il'l'@ai'8 L',\'.1', tii:r, lfi<"a Curt Long, Prothonotary Cumberland bounty Courthouse One Courthouse Square Carlisle, PA 17013-3387 September 22, 2010 Re: Kohr v Mark Cumberland County C.C.P. Docket No. 09-8914 Dear Mr Long: Enclosed please find an original and two copies of Defendants' Objections to Plaintiff's Second Request for Production of Documents in the above-referenced matter. Pease return the extra copies of the time-stamped Objections to my office in the enclosed postage-paid envelope. If you have any questions or comments, please do not hesitate to call. Very truly yours, NSON D IE, STEWART &WEIDNER r y e Ig JBR:csj:415436 closure c: Roger C. McMenamin, Esq. (w/encl.) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAILC~JDSW.COM JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. .~ Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109- (717) 761-4540 jbr@jdsw.com Plaintiffs GREGORY KOHR and MELISSA IN THE COURT OF COMMON PLEAS OF KOHR, h/w, CUMBERLAND COUNTY, PENNA v. ANDREW MARK and MEGAN MARK, Attorneys for Defendants Andrew Mark and Megan Mark NO. 09-8914 CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants DEFENDANTS' OBJECTIONS TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS 1-5. Objected to. The 5 numbered requests are objected to because they would cause unreasonable annoyance, embarrassment and burden to the Defendants, would require the making of an unreasonable investigation by Defendants, and are beyond the scope of the discovery as set forth in Pa.R.C.P. 403.1 through 403.6. Moreover, the scope of the discovery requested is both unreasonable and it represents an unnecessary intrusion into the privacy of the Defendants. Respectfully submitted, hnso Duffs St art & Weidner rey B. Rettig, quire Attorney I.D. No. 9616 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 :412290 ibrt~idsw.com ..' CERTIFICATE OF SERVICE AND NOW, this 7/Z day of September, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Defendants' Objections to Plaintiff's 2"d Request for Production of Documents upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Roger C. McMenamin, Esquire Shor, Levin ~ DeRita, P.C. 261 Old York Road Suite 200 Jenkintown, PA 19046 JOHNSON, DUFFIE, STEWART & WEIDNER By: ffrey B. Rettig SHOR, LEVIN & DERITA, P.C. ]AY ELi-IOTT SHOR LAWRENCE D. LEVIN JOSEPH DeR1TA* ROGER C. McMENAMIId DAVID P. ROVNIIt •u.M.'rniev. nnvocncr October 14, 2010 Prothonotary Cumberland County Courthouse 1 Courthouse Square Suite 100 Carlisle, PA 17013 LAW oFF1cEs SUITE 200, THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PENNSYLVANIA 19046 (215)576-7600 (800)681.7000 FAX (215} 576-8188 Re: Gregory Kohr and Melissa Kohr v. Andrew Mark and Megan Mark Cumberland County, CCP, No. 09-8914 Dear Sir/Madam: Enclosed please find an original and two (2) copies of Plaintiffs' Motion to Compel Answers to Supplemental Document Requests and to Strike Insufficient Responses. Would you kindly file the original and return the time-stamped copies to me in the enclosed envelope. Thank you for your kind attention to this matter. Very truly yours, Shor, Levin & DeRita, P.C. R r McMenamin, Esquire RM/nc cc: Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart $ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com GREGORY KOHR and MELISSA KOHR, h/w, P1a~ntiffs v. ANDREW MARK and MEGAN MARK, Defendants Attorneys for Defendants Andrew Mark and Megan Mark IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. fl3-8914 ANSWERS CIVIL ACTION -LAW JURY TRIAL DEMANDED ~; -,. ~~ ~ -~; ~t7t C-°7 r=1-? ~S' MOTION TO C~ ~E L -~~~ ~~~ ~ ~~ a ~~ ~ ~ 1. Admitted. ""~ ~~ .:a --~. 2. Admitted. 3. Denied. The basis for the objections is set forth in Defendants' Objections to Plaintiffs' Second Request for Production of Documents. 4. Denied. Defendants admitted the identity of their phone carrier, credit card issuer and debit card issuer. 5. Mrs. Marks' deposition testimony speaks for itself. 6. Denied. Plaintiffs' attorney fails to explain how 2 months of personal financial information would have any bearing on where Mrs. Marks was drinking on the date of this accident, May 4, 2009. 7. Denied. It is denied that the 2 months of personal and financial information has any bearing on where Mrs. Marks was drinking on the date of this accident. Defendants acknowledge that records for the date of this accident are relevant to Plaintiffs' counsel's quest to find out where Mrs. Marks was on the day of this accident. Respectfully submitted, John Duffi Ste rt & Weidner effrey B. Rettig, squire Attorney I.D. No. 19616 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 ibr(caidsw. com :419470 CERTIFICATE OF SERVICE AND NOW, this 'day of October, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Defendants' Answers to Plaintiffs' Motion to Compel Answers upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Roger C. McMenamin, Esquire Shoi•, Levin & DeRita, P.C. 261 Old Yorr< Road Suite 200 Jenkintown, PA 19046 JOHNSON, DUFFIE, STEWART & WEIDNER By: Je ettig GREGORY KOHR and MELISSA KOHR, h/w, Plaintiffs Vs. ANDREW MARK and MEGAN MARK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8914 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFFS' MOTION TO COMPEL ORDER AND NOW, this z `-'~ day of November, 2010, a brief argument on the within motion of the plaintiffs to compel answers is set for Thursday, December 2, 2010, at 1:15 p.m, in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin Hess, P. J. Roger McMenamin, Esquire For the Plaintiffs Jeffery B. Rettig, Esquire For the Defendants :rlm ~~ t ~S ~'L~-L l~C~-~ 1 1113 jtd ~~ s c ," ~ ca '~' «=~r r~~s~.; ~ -~~. -r ~-,y ..: - v~ f~u t .~ '„ '<__~ c,.~ C7 ~ , ~~ --<o ~~ ~. ~~ n ~,c .. .~.. n ~ =t ca D --~ o ~ -< GREGORY KOHR and MELISSA KOHR, h/w, Plaintiffs V ANDREW MARK and MEGAN MARK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-8914 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO COMPEL ORDER OF COURT AND NOW, this 2nd day of December, 2010, action on the pending motion to compel is deferred in light of the agreement discussed in open court this date. The matter may be relisted by either party. By the Court, vin . Hess, P.J. Roger McMenamin, Esquire For the Plaintiffs ?ffrey B. Rettig, Esquire For the Defendants :bg Ery? o c. cn MI ,ry,. w © . =? -arn cnr' ? ' ?G7 CD W -+ca ?c x c:) DC C3 ern Z 7.0 -G -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR C-i Vs. - --? NO. 098914 x MARK & MARK -0r` -0 rn CERTIFICATE C) PREREQUISITE TO SERVICE OF A SUBPOENA ? F5 CD M PURSUANT TO RULE 4009.22 _ n CY, As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/31/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M381531 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KOHR & KOHR Vs. MARK & MARK I No. 098914 TO: ROGER MCMENAMIN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 12/08/10 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa. Deni Enc(s): Copy of subpoena (s) Counsel return card File #: M381531 COIMDNWEALTH OF PENNSYLVANIA COUNTY OF C[PMEXAND KOHR & KOHR Vs. Fi le No. MARK & MARK 098914 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FAMILY PRACTICE CTR, 1100 MONTOUR RD, LOYSVILLE PA 17047 (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 orStk. F?• DE-ND ? ,r ' ? UL' 11 at MEDICAL LEGAL REPRODUCTIONS 4940 DISSTON 5T., ., Ply---- (Address) You may deliver or mail legible copies of the documents or produce things requested b? 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 rea.onablE- 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 thin, subpoena may seek a court orde-- campe I l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQMST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ ADDRESS : 301 MARKET ST - T EMCIYI, PA l 7043 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M381S31--O1 1966 DEFENDANT DATE! Seal of the Court BY THE COURT : Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM FAMILY PRACTICE CENTER Copy of the entire medical file to include, but not limited to, all incoming and outgoing correspondence, office notes, chart notes, computer documents, testing, forms and any other documents whatsoever contained in the medical file from 1/1/2007 to present. {-1t r0-0FC'-jc s u b HE' OTHu, F.'( Roger McMenamin, Esquire i o l' JUN 10 AM IO * '56 Attorney I.D.#75235 Shor, Levin & DeRita, P.C. CUMBERLAND COUN T `° 261 Old York Road, Suite 200 PENNSYLVANIA Jenkintown, Pennsylvania 19046 215-576-7600 Attorney for Plaintiffs GREGORY KOHR and Court of Common Pleas MELISSA KOHR, h/w of Cumberland County Plaintiffs Civi Action - Lai;' vs. No. 09-8914 ANDREW MARK and MEGAN MARK Jury Trial Demanded Defendants PRAECIPE To The Prothonotary: Kindly mark the above caption case Settled, Discontinued and Ended. Respectfully submitted, Shor, Levin & DeRita, P.C. R ,;/McMenamin, Esquire