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HomeMy WebLinkAbout01-7011AARON S. ROHM, Plaintiff Vo DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7011 CIVIL TERM PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff Vo CASSANDRA BACON and DAN HIXON, a/k/a DANIEL HIXON, Defendants Vo AARON S. ROHM, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1662 CIVIL TERM IN RE: DEFENDANT BACON'S PETITION TO CONSOLIDATE ACTIONS; DEFENDANT BACON'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., HESS and OLER, JJ. ORDER OF COURT AND NOW, this 1st day of August, 2002, upon consideration of Defendant Bacon's Petition To Consolidate Actions and of the withdrawal of Plaintiff Rohm's objections to the petition as evidenced by a praecipe filed on July 29, 2002, and upon consideration of Defendant Bacon's Preliminary Objections to Plaintiff's Complaint at No. 02-1662 Civil Term, and following a telephone conference in which Plaintiff Rohm was represented by David A. Kreider, Esq., Defendants Bacon and Hixon were represented by Douglas B. Marcello, Esq., and Plaintiff Progressive Insurance Companies was represented by Jeffrey S. Golembiewski, Esq., it is ordered and directed as follows: 1. Defendant Bacon's Petition To Consolidate Actions is granted, and the above-captioned actions are consolidated for all purposes at No. 01-7011 Civil Term; and 2. Pursuant to an agreement of counsel, the preliminary objections of Defendant Bacon to the complaint of Plaintiff filed at No. 02-1662 Civil Term (which were not briefed or argued by any party) are stricken from the July 29, 2002, argument court list, without prejudice to the right of any interested party to relist the preliminary objections for argument hereafter. David A. Kreider, Esq. 222 E. Orange Street Lancaster, PA 17608-1522 Attorney for PlaintiffRohm BY THE COURT, Jeffrey S. Golembiewski, Esq. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff Progressive Insurance Companies Douglas B. Marcello, Esq. 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendants Bacon and Hixon Aaron S. Rohm 2965 Enola Road Carlisle, PA 17013 Additional Defendant, Pro Se Courtesy Copy: James G. Nealon, III, Esq. 2411 N. Front Street Harrisburg, PA 17110 AARON S. ROHM V. DAN HIXON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : Civil Action : : :No.: "lOll To: Dan Hixon, Cannery Drive, Box 196, Penfield, PA 15849 Date of Notice: December 10, 2001 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFFS. 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. Court Administrator Office of Court Administration One Courthouse Square Carlisle, PA 17013 (717) 240-6200 /~~MAN KREIDER & WRIGHT Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM : Civil Action V. : DAN HIXON : No.: C)I -- COMPLAINT Plaintiff Aaron S. Rohm is an adult individual who resides at 2965 Enola Road, Carlisle, Pennsylvania. Defendant Dan Hixon is an adult individual whose last know address is Cannery Drive, Box 196, Penfield, Pennsylvania. At approximately 7:10 p.m. on April 7, 2000, Mr. Rohm was driving a motorcycle in a westerly direction on West High Street and approaching the intersection of West High Street and Mooreland Avenue in Carlisle, Pennsylvania. A stop sign controls traffic on Mooreland Avenue at the intersection of Mooreland Avenue and West High Street. At the same time that Mr. Rohm was traveling on West High Street, Mr. Hixon was driving a Neon north on Mooreland Avenue and stopped at the aforementioned stop sign Mr. Hixon pulled out from said stop sign onto West High Street, heading in a westerly direction and directly into the path of the oncoming motorcycle driven by Mr. Rohm. Said accident was caused by the negligence of Mr. Hixon, which consisted of the following: a. Failing to properly operate and control the motor vehicle he was driving; b. Failing to keep a proper lookout in violation of 75 Pa.C.S.A. §3361; c. Operating a vehicle in careless disregard for the safety of others in violation of 75 Pa.C.S.A. §3714; d. Failing to exercise due care under circumstances which he knew or should have known presented dangerous conditions; and, e. Failing to yield the right-of-way in violation of 75 Pa.C.S.A. §3323(b). 8. As a direct result of Mr. Hixon's negligence, Mr. Rohm suffered, among other things, left clavicle fracture, left scapular fracture, and right tibial plateau fracture. 9. Solely and directly as a result of Mr. Hixon's aforementioned negligence, Mr. Rohm has suffered the following damages: 10. Past, present and future physical pain, mental anguish, discomfort, inconvenience and distress; a. Past, present and future loss of life's pleasures; b. Past, present and future medical expenses which may be in excess of the benefits; for which Mr. Rohm is eligible under 75 Pa.C.S.A. §1722; c. Past, present and future loss of wages and future earning potential; d. Past, present and future disability; e. Past, present and future disfigurement; and, f. Past, present and future embarrassment and humiliation. WHEREFORE, Aaron S. Rohm requests that judgement be entered in his favor against Defendant in an amount greater than $25,000, plus interest and costs as permitted by law. The mount sought exceeds the jurisdictional amount requiring arbitration. WAGMAN KREIDER & WRIGHT BY: 17 Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct.ID. No.: 38022 VERIFICATION I verify that the statements made in the foregoing Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true. And further, as to language and averments which may constitute legal conclusions, I sign this verification on the recommendation of my attorneys who advise that the allegations and language in the Complaint constituting legal conclusions are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice. I understand that false statements herein are made subject to the penalties of 18 unswom falsification to authorities. Pa.C.S.A. § 4904 relating tO ~~--------~r~~~~ AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO THEPROTHONOTARY: Please enter my Appearance on behalf of the Defendant in the above matter. Dated: January 10, 2002 :154471.1 By: Respectfully submitted, THOMAS,~.THOMAS & HAFER, LLP Do!Ig~ !~l~!~arcello, Esquire 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 ~tttorney for Defendant I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the l0th day of January, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (~tttorney for Plaintiff) Richard H. Milgrub, Esquire 211 North 2nd St. Clearfield, PA 16830-2538 D ' 6 efendant s Personal CounseO :154458.1 THOMAS, THOMAS & HAFER, LLP Dougl~. M~ello AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: Aaron S. Rohm, Plaintiff c/o David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, By: THOMAS, THOMAS & HAFER, LLP Douglas Bi~ 305 North F'fO'~t Street P.O. Box 999 Hmrisburg, PA 17108 (717) 255-7238 Attorney for Defendant Date: January 18, 2002 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED AND NOW, Defendant, Dan Hixon, by and through his attorneys, Thomas, Thomas & Hafer, LLP, files this Answer With New Matter to Plaintiff's Complaint as follows: 1. Denied. Answering Defendant is without information or belief as to the troth of the averments of paragraph 1 and hence it is denied and proof is demanded at time of trial. 2. Denied as stated. 3. Denied as stated. The averments of paragraph 3 are denied as stated pursuant to Pa.R.C.P. 1029(e). 4. Admitted. 5. Admitted in part and denied in part. It is admitted that prior to any accident, Mr. Hixon stopped at the stop sign on Mooreland Avenue. Answering Defendant is without information and belief as to the troth of the balance of the averments of paragraph 5 and hence they are denied and proof is demanded at time of trial. 6. Denied as stated. The averments of paragraph 6 are denied as stated pursuant to Pa.R.C.P. 1029(e). 7. Denied as stated. The averments of paragraph 7 are denied as stated pursuant to Pa.R.C.P. 1029(e). 8. Denied. Answering Defendant is without information or belief as to the troth of the averments of paragraph 8 and hence it is denied and proof is demanded at time of trial. 9. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 9 and hence it is denied and proof is demanded at time of trial. 10. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 10 and hence it is denied and proof is demanded at time of trial. WHEREFORE, Defendant, Dan Hixon, requests this Honorable Court to dismiss Plaintiffs Complaint. 11. limitations. 12. option. NEW MATTER Some or all of Plaintiff's claims may be barred by the applicable statute of Some or all of Plaintiff's claims may be barred by the election of the limited tort 13. Some or all of Plaintiff's claims may be barred or reduced by the provisions of the Pennsylvania Financial Responsibility Act. 14. Some or all of PlaintiWs claims may be barred by PlaintiWs contributory and/or comparative negligence, including but not limited to the following: a. Operating a motorcycle without a proper license; b. Operating a motorcycle at an excessive rate of speed and in excess of the speed limit; c. Failing to use due care under the cimumstances; d. Failing to maintain an assured distance ahead in the operation of the motorcycle; e. Operating the motorcycle in a reckless manner; f. Operating the motor vehicle in violation of 75 Pa.C.S.A. §3361; g. Being otherwise negligent or careless under the circumstances. Plaintiff's claims may be barred or reduced by Plaintiff's assumption ora known risk. WI-IEREFORE, Defendant, Dan Hixon, requests this Honorable Court to dismiss Plaintiff's Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ~ 305 North Front Street, 6w Fl. Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant Date: January 18, 2002 :154447,1 2 VERIFICATION I hereby verif3, that the averments made in the attached document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 xelating to unswom falsification to authorities. By: Dated: :106627.1 I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 18th day of January, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Attorney for Plaintif~ Richard H. Milgrub, Esquire 211 North 2na St. Clearfield, PA 16830-2538 (Defendant's Personal Counsel) :154458.1 THOMAS, THOMAS & HAFER, LLP D ouglas,.tl("Mar celk( 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM DAN HIXON 11. 12. 13. 14. Civil Action No.: CI-01-7011 PLAINTIFF'S REPLY TO NEW MATTFR This is a conclusion of law to which no responsive pleading is required. This is a conclusion of law to which no responsive pleading is required. This is a conclusion of law to which no responsive pleading is required. This paragraph and subparagraphs are denied pursuant to Pa.R.C.P. No. 1029(e). WAGMAN KREIDER & WRIGHT B Y"~ ~ ~ i~d A.t~ e~i d e~~~or Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 ATTORNEY VERIFICATION I, David A. Kreider, as an officer of this Court, verify that the information contained in the foregoing statements are more within my knowledge than that of my client and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. I am authorized to execute verifications on behalf of Plaintiffs herein. WAGMAN KREIDER & WRIGHT ~)~vid A. Kr[ider, A~tto~eys for~ Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 CERTIFICATE OF SERVICE I hereby certify that I have on this date served a true and correct copy of the foregoing Plaintiff's Reply to New Matter on the person listed below and in the manner indicated: Service by first class mail: Douglas B. Marcello, Esquire Thomas, Thomas & Ha£er 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 WAGMAN KREIDER & WRIGHT Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM : Civil Action : V. ~ DAN HIXON : No.: CI-01-7011 CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy of PlaintilTs Answer to Request for Production of Documents of Defendant Propounded Upon Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: WAGMAN KREIDER & WRIGHT Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM V. DAN HIXON Civil Action No.: CI-01-7011 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Plaintiffs Answers to Interrogatories of Defendant Propounded Upon Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: WAGMAN KREIDER & WRIGHT David A. Kreider, A~tomeys for Plaimiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 SHERIFF'S RETURN - CASE NO: 2001-07011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROHM AARON S VS HIXON DAN OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT HIXON DAN but was unable to locate Him in his bailiwick. deputized the sheriff of CLEARFIELD County, serve the within COMPLAINT, INTERROGATORIES ~QR PRODUCTION OF DOCUMENTS Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, AND REQUEST to On January 22nd 2002 , this office was attached return from CLEARFIELD Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Clearfield Co 41.14 .00 78.14 in receipt of the Sheriff of Cumberland County Sworn and subscribed to before me this J~ ~ day of ~ ~.A A.D. Prothonotary 01/22/2002 WAGMAN KREIDER WRIGHT I~ In The Court of Common Pleas of Cumberland County, Pennsylvania Aaron S. Rohm VS. Dan Hixon No. 01 7011 civil NOW, Dec~mber 17 ,20..01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within January 2 ., 20 02., at 10:36. o'clock a M. served the Co~aplaint, Notice, Interrogatories & Reuest for Production of Documents upon Dan Hixon, defendant at employment, 211 North 2nd St., Clearfield, Clearfietd county, Pennsylvania by handingto Brian Marshall, Attorney for defendant true copy of the original Complaint etc. and made known to Rrqnn Mmrmh~ll: Aery, the contents thereof. So answers, Sheriff of Clearfield ~ Sworn and subscrib/~ before me this [/~h day o~ prothonotar~t My CommisSion ExPi?~s Cleadield C0., Cie COSTS SERVICE MILEAGE AFFIDAVIT AARON S. ROHM, Plaintiff, DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; Plaintiffs counsel waived the 20 day wait period for the attached Subpoenas. Please see correspondence attached hereto in this regard. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. By: A THOM~,]THOMAS & HAFER, LLP Dou l~as/t B~re ~ 305VNorth Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant Date: March 28, 2002 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CML ACTION - LAW JURY TRIAL DEMANDED TO: Counsel and Parties of Record Defendant, Dan Dixon, intends to serve subpoenas identical to the ones attached to tiffs notice. You have twenty (20) days fi'om the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: February 21, 2002 :159110.1 By: THOM;A~THOMAS & HAFER, LLP P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorneys for Defendant Dan Hixon AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian State Farm Insurance Within twenty (20) days after service of this subpoena, you axe ordered by the court to produce the following documents or things: Complete copies of any and all first party benefit ~es ineludino, but not limited to, medical records~ medical reports~ dlao'nostic studies, notes, correspondence, aoplieations fo, benefits, denial of payments, damage estimates~ etc.. regardlno Aaron Steven Rohm SSN:. 202-62-7878; DOB: 4/7/81; Claim No.: 38-J629-662~ Policy No.: 5874194-C13-381 at; Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of prepaxing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, wffhl, ~wenty (20) days aider its service, the party serving this subpoena may seek a court order compelling you to comply with it. TI-IlS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Maxeelio, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112.1 AARON S. ROHM, Plaintiff, DAN HIXON, Defendmat : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Penn State - Milton S. Hershey Medical Center ATTN: Health Information Services 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you ~e ordered by the court to produce the following documents or things: Complete copies of any and all medical reeords~ medical reports, medical bills, diagnostic studies, notes, correspondence, MRI filmn~ CAT seana, and/or x-rat filmn in your possession regardin~ Aaron Steven Rohm SSN: 202-62-7878; DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, 14arri~burg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA/vI~: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112.2 AARON S. R01-IM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian Shaffer Trucking, Inc. Route 11 New Kingston, PA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all employment records, in¢llldlng, but not limited to, memos, eorresnondenee, aonlieafions, medical records, disability notices and wage statements in your nossession re~ardin~ Aaron Steven Rohm SSN: 202-62-7878; DOB: 4/7/81 at: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY TH~ COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112.3 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JUKY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Unum Provident Corp 1 Fountain Square Chattanooga, TN 37402-1307 (423) 755-1011 Within twenty (20) days after service of tiffs subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and aH first party benefit short term disability files includin., but not limited to~ medical records, medical reports, diagnostic studies, notes, correspondence~ applications for benefits, denial of payments, damaoe estimates, etc., regardin, Aaron Steven Rohm SSN: 202-62-7878; DOB: 4/7/811 Policy No.: 00026436; Claim No.:0052134099 at: Thomas, Thomas & Haler, LLP. 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TI-IlS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112.4 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian J. Spence Reid, MD Milton S. Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, medical bills~ di~L, nosfie studies, notes, correspondenee~ MRI ~ms, CAT scans, and/or x-ray films in your possession regarding Aaron Steven Rohm SSN: 202-62- 7878~ DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by thin subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by ttfis subpoena, within twenty (20) days after its service, the party serving tiffs subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAlvI~: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division :159112.5 Deputy AARON S. ROHM, Plaintiff, DAN HIXON, Defendmat : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.:01-7011 : : CML ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ATTN: Health Information Systems William A. Cantore, MD, Opthomology Dept. Milton S. Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or th~ngs: Complete copies of any and all medical records, medical reports, medical bills, ala.maostie studies, notes, correspondence, MRI films. CAT segna, and/or x-ray filmn in your possession re~arding Aaron Steven Rohm SSN: 202-62- 78781 DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TH~ FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division :159112.7 Deputy AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : TURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ATTN: Health Information Systems Milind Kothari, DO, Neurology Dept. Milton S. Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days aider service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. medical reports~ medical bills~ diagnostic studies, notes, correspondence. MRI ~ms. CAT scans, and/or x-ray filmn ill yonr possession regarding Aaron Steven Rohm SSN: 202-62- 7878; DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St, P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of prepm~ng 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division :150112.8 Deputy AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COIVlMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Life Lion c/o Milton S. Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or firings: Complete copies of any and all trip sheets~ emergencw reports~ medical records, medical reports, medical bills, dia~,nostie studies, notes, correspondence, etc., in your possession regarding Aaron Steven Rohm SSN: 202-62- 78781 DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making tiffs request at the address limed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the th~ngs 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: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division :159112.o Deputy AARON S. ROHM, Plaintiff, Vo DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Yellow Breeches Family Practice 1358 Lutttown Road Boiling Springs, PA 17007 Within twenty (20) days aider service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, medical reports, medical bills, di~?ostlc studi~ notes, correspondence, 1VIRI ~ms. CAT scans, and/or x-ray film~ in your possession regarding Aaron Steven Rohm SSN: 202-62- 7878; DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certifmate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doeumenIs 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: NAlV[E: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112,10 AARON $. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ATTN: Health Information Systems Sanjiv H. Naidu, MD, Ph.D. Dept. of Orthopaedics and Rehabilitation Milton S. Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete eooies of any and all medical records, medical reports, medical bills, dinonostie studies, notes, correspondence, ~ film.q, CAI' soan~, and/or x-ray film~ in your possession regarrll-~ Aaron Steven Rohm SSN: 202-62- 7878' DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisbur¢, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, v~thin 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: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112.11 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian Alexander Spring Rehab, Inc. 27 Brookwood Avenue Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc-merits or things: Comolete eooies of any and all medical records~ medical reports, medical hiila, din_onostic stlldi~-a- notes, correspondence, MRI films. CAT se~n~ and/or x-ray films in vour oosscssion regaralno Aaron Steven Rohm SSN: 202-62- 7878' DOB: 4/7/81 at: Thomas. Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the part~ 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: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY ~ COURT: DATE: Seal of the Court Prothonotmy/Clerk, Civil Division Deputy :159112,12 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian Carlisle Hospital 246 Parker Street Carlisle, PA 17013. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Comolete col~ies of any and all medical records, medical reports~ medical bills~ ainonostie studies~ notes, eorresoondenee~ MRI l~lms. CA'I' senna, and/or x-ray ~lm~q ill your possession re~ardinn~ Aaron Steven Rohm SSN: 202-62- 7878' DOB: 4/7/81 at: Thomas~ Thom~ & I-Iafer, LLP. 305 N. Front St., P.O. Box 999, I-Iarrisbur~ PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Murcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court :159112.13 Prothonotary/Clerk, Civil Division Deputy I cex~ify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the stone in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the ~day of February, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for Plaintiff) :157592.1 By: LLP ~ouglas B. Marcello '~ JOSEPH R HAFER JAMES K. THOMAS, II ROBERTSON B, TAYLOR JEFFREY B. RETTIO PETER J. CURRY R. BURKE McLEMORE, JR. EDWARD H. JORDAN, JR. C. KENT PRICE RANDALL O. GALE DAVID L. SCHWALM PETER J, SPEAKER DOUGLAS B. MARCELLO PAUL J. DELLASEGA SARAH W. AROSELL EUGENE N. McHUOR OF COUNSEL JAMES K. THOMAS THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW 305 NORTH FRONT STREET SIXTH FLOOR RO. BOX 999 HARRISBURG, PA 17108 (717) 237-7100 FAX (717) 237-7105 WRITER'S DIRECT DIAL NUMBER (717) 255-7238 dbm@tthlaw.eom Febmary21,2002 STEPHEN E. UEDULDIO KARENS. COATES TODDB. NARVOL JAMESJ. DODD'O DANIEL L. GRILL JOHN 5. McNALLY, KEVIN C. MeNAMARA BROOKSR. FOLAND JONATHAN C. DEISHER JOHN FLOUNLACKER JOHN T. HUSKIN, JR. MICHELELTHORP STEPHANIEL. HERSPERGER HUGH E O'NEILL. Ill W. DARREN POWELL LAURAJ. HERZOG DRUMMOND B. TAYLOR DEREK D. BAHL KIMBERLYA. BOHLE MARKJ. POWELL David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 Re-' Aaron S. Rohm v. Dan Hixon Cumberland County C.C.P. No.: 01-7011 Our File No.: 410-20040 Dear Attorney Kreider: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009.21 and copies of said subpoenas regarding the above-referenced matter. If you are agreeable to waiving the 20 day objection period, please sign and return the enclosed duplicate copy of this letter. Please indicate if you request copies of records produced as a result of the subpoenas. Thank you for your anticipated courtesy and cooperation. Best regards, Dq~s ~/Mar~Il° _ THdl~A~S, THOMAS & HAFER, LLP DBM:ser:154469.3 cc: Richard H. Milgmb, Esquire (w/encl.) b~a'vid A. KreideriE~uire 868-1702 · LEHIGH VALLEY OFFICE: 3400 BATH PIKE, SUITE 201, BETHLEHEM, PA 18017 (610) 868-1675 FAX (610) I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 28th day of March, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for Plaintiff) :157592.1 THO~, ~MATHO ,T~ MAS&HAFER, LLP By: t~dg~s B. Marcello AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Plaintiff's counsel waived the 20 day wait period for the attached Subpoenas. Please see correspondence attached hereto in this regard. 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Date: April 12, 2002 By: THOMAS, THOMAS & HAFER, LLP P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant AARON S. ROHM, Plaintiff, DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Counsel and Parties of Record Defendant, Dan I-Iixon, intends to serve subpoenas identical to the ones attached to th/s 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 subpoenas. If no objection is made, the subpoenas may be served. By: TI-IO/~/S, THOMAS & ItAFER, LLP D/o~uglas B. Marcello, Esquire 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorneys for Defendant Dan Hixon Date: March 28, 2002 :159110.1 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Harrisburg Area Community College One HACC Drive Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all records with regard to courses, grades, applications for admission, and any and all other records in your possession regarding Aaron Steven Rohm SSN: 202-62-7878; DOB: 4/7/81 at: Thomas, Thoma~ & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :159112.14 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DE~ED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: All American Family Restaurant 1201 Harrisburg Pike Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all employment records, including, but not limited to, memos, correspondence, applieations~ medical records, disability notices and wage statements in your possession regarding Aaron Steven Rohm SSN: 202-62-7878; DOB: 4/7/81 at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, HanSsbur~. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or firings required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a comnt order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM2E: Douglas B. Mm'cello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREIvlE COURT ID#: 36510 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Com't Prothonotary/Clerk, Civil Division Deputy :159112.I5 I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 28th day of March, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for Plaintif~ :157592.1 By: THO ~/ }IOMAS& ItAFER, LLP - D~g'ffi~'~. Marcello JOSEPH P. HAFER JAMES K. THOMAS, II ROBERTSON B. TAYLOR JEFFREY B. RETTIG PETER J. CURRY R. BURKE McLEMORE, JR. EDWARD H. JORDAN, JR. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAUL J. DELLASEGA SARAH W. AROSELL EUGENE N. McHUGH OF COUNSEL JAMES K. THOMAS THou^s, TuouAs & HAIR, LLP ATTORNEYS AT LAW 305 NORTH FRONT STREET SIXTH FLOOR EO. BOX 999 HARRISBURG, PA 17108 (717) 237-7100 FAX (717) 237-7105 WRITER'S DIRECT DIAL NUMBER (717) 255-7238 dbm~tthlaw.com STEPHEN E. GEDULDIG KAREN S. COATES TODD B. NARVOL JAMES J. DODD-O DANIEL L. GRILL JOHN J. McNALLY, III KEVIN C. McNAMARA BROOKS R, FOLAND JONATHAN C. DE1SHER JOHN FLOUNLACKER JOHN T. HUSKIN, JR. MICHELE J. THORP CLAUDIO J. DIPAOLO STEPHANIE L. HERSPERGER HUGH R O'NEILL, W. DARREN POWELL DRUMMOND B. TAYLOR March 28, 2002 David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 Re'- Aaron S. Rohm v. Dan Hixon Cumberland County C.C.P. No.: 01-7011 Our File No.: 410-20040 Dear Attorney Kreider: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009.21 and copies of said subpoenas regarding the above-referenced matter. If you are agreeable to waiving the 20 day objection period, please sign and return the enclosed duplicate copy of this letter. Please indicate if you request copies of records produced as a result of the subpoenas. Thank you for your anticipated courtesy an~operation...,. /l~/glas B. Marcello .... THOMAS, THOMAS & HAFER, LLP Enclosures D~vid A Kreide~L~zq~ LEHIGH VALLEY OFFICE: 3400 BATH PIKE. SUITE 20L BETHLEHEM, PA 18017 (610} 868-1675 FAX (610) 868-1702 I certify that the foregoing documem in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and de.l~ositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 12~ day of April, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for Plainti~ :157592.1 THOMAS, THOMAS & HAFER, LLP Dou~B.4~larcello AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Plaintiff's counsel waived the 20 day wait period for the attached Subpoenas. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Date: April o~/ ,2002 By: THOMAS, THOMAS & HAFER, LLP ~(~; g~h ~ rMo nartc~ It }1; ;tEsquire P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : IURY TRIAL DEMANDED TO: Counsel and Parties of Record Defendant, Dan Itixon, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days fi.om the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: April 23, 2002 :159110.1 THOMAS, THOMAS & HAFER, LLP P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorneys for Defendant Dan Hixon AARON S. ROHM, Plaintiff, V. DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,2?, TO: Unemployment Compensation Office Employers Charge Section Labor & Industry Building, 7th Floor Harrisburg, PA 17121 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of your entire file. including any and all applications, petitions, determinations or anneals regarding Aaron Steven Rob,.. SSN: 202-62-7878: DOB: 4/7/81 at: Thomas. Thoma~ ~ Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant Se~l/of the Court BY THE COURT: ,n Pr0fhdnotatY/ci~fl[,~CivfDivision :159112.16 Deputy -- I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and d.?.ositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the ~ day of April, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for Plaintif~ :157592.1 By: THOMAS, THOMAS & HAFER, LLP ~o~la~B.~ Marc¢ll~/ - AARON S. ROHM, Plaintiff, )AN HIXON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA : No.: 01-7011 : Defendant : CIVIL ACTION _ LAW : JURy PRQGREsSIVE IN~q~ t~ a xT,~.~ ' ' TRIAL DEMANDED ....... ~go, ~ubrog~ COURT OF Plaintiff ,-,,,~n, : CUMBERLAND cr~r~V~_°N PLEAS v. : ~u~l~, PE~S~VANIA : No.: 02-1662 CASSAND~ BACON ~d DAN HIXON, CIVIL ACTION_ LAW ~Fk/a DANIEL HIXON, Defenders : AND NOW, ~is ~ day of May, 2002, a Rule to Show Cause is hereby issued upon ~10~er P~ies ~ to why ~e actions should not be consolidated. Rule re~able ~ ~ days & BY THE COURT: / AARON S. ROHM, Plaintiff, V. DAN HIXON, Defendant PR OGRES SIVE INSURANCE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .- : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPANIES, Subroge~ of Jordan Deitch, Plaintiff V. (:ASSANDRA BACON and DAN HIXON, a/Lfa DANIEL HIXON, Defendants IN THE COURT OF COMMON PLEA--'~-~ : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 : : CIVIL ACTION - LAW : 1. Plaintiff, Aaron S. Rohm, filed an action for personal injuries arising out of a motorcycle accident that occurred on or about April 7, 2000. 2. Plaintiff, Progressive Insurance Companies, Subrogee of Jordan Deitch, has filed an action arising out of the same accident. 3. The facts, circumstances and witnesses as well as the parties are the same for both actions. 4. It would be judicially efficient to consolidate the actions, both for discovery and at time of trial. WHEREFORE, Defendant, Cassandra Bacon, requests this Honorable Court to consolidate the aforesaid actions. /)ate: May 1, 2002 166931.1 By: Respectfully submitted, T~S, THOMAS & I-IAFER, LLP Douglas B/'/~m~;, Esquire 305 North'-F?ont Street, 6 Fl. P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant Bacon I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 1s~ day of May, 2002: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorney for Plaintiff) :166907.1 By: AARON S. ROHM, Plaintiff V. DAN HIXON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 ~ CIVIL ACTION - LAW JURY TRIAL DEMANDED PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff CASSANDRA BACON and DAN HIXON a/k/a DANIEL HIXON, Defendants AND NOW, this Consolidate Actions is DENIED. day of No.: 02-1662 CIVIL ACTION - LAW : ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,2002, the Petition to BY THE COURT: AARON S. ROHM, DAN HIXON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff CASSANDRA BACON and DAN HIXON a/k/a DANIEL HIXON, Defendants 1. Admitted. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 02-1662 CIVIL ACTION - LAW PLAINTIFF AARON S. ROHM'S ANSWER TO PETITION TO CONSOLIDATE ACTIONS 2. Denied. After reasonable investigation, PlaintiffAaron S. Rohm is without knowledge or information sufficient to form a belief as to the truth of this averment. 3. Denied. As is evidenced by the caption of the two actions, the parties are not the same for both actions. After reasonable investigation, Mr. Rohm is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph. 4. Denied. For reasons set forth in new matter hereinafter, this averment is denied. WHEREFORE, Plaintiff Aaron S. Rohm requests that the Petition to Consolidate Actions be denied. NEW MATTER 5. Paragraphs I through 4 are realleged and incorporated herein. 6. Until Mr. Rohm was served on May 10, 2002 and received on May 13, 2002 the rule to show cause regarding consolidation, Mr. Rohm was unaware that Progressive Insurance Companies had filed 4an action to No. 02-1662. 7. The petition to consolidate actions does not include pleadings from either action, nor does it include even the briefest description of the claim filed by Progressive Insurance Companies. 8. There is nothing in the Petition to Consolidate Actions which would indicate that the facts, circumstances and witnesses are the same for both actions. 9. Mr. Rohm has not been provided with any pleadings, discovery, or any other documentation pertaining to the action filed by Progressive. 10. Mr. Rohm has no knowledge or information regarding the action filed by Progressive and adeordingly, is unable to provide the Court with specifics as to why the two actions should not be consolidated. WHEREFORE, PlaintiffAaron S. Rohm requests that the Petition to Consolidate Actions be denied. WAGMAN KREIDER & WRIGHT l~a~d A. Kreider, Atto~heys for Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Plaintiff Aaron S. Rohm's Answer to Petition to Consolidate Actions upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WAGMAN KREIDER & WRIGHT Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERI,AND COUNTY: Please list the within matter for the next Argument Court. AARON S. ROHM, Plaintiff, V. DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANDfOUNTY, PENNSYLVANIA No.: 01-7011 ~ : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. CASSANDRA BACON and DAN HIXON, a/k/a DANIEL HIXON, Defendants V. AARON S. ROHM Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 CIVIL ACTION - LAW State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Petition to Consolidate Actions. Identify counsel who will argue case: (a) For Plaintiff(Rohm): David A. Kreider, Esquire Address: 222 East Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 For Plaintiff (Progressive): Address: Sherry D. Lowe, Esquire 2718 Koppers Building 436 Seventh Avenue Philadelphia, PA 15219 argument. 4. Dated: :166925.2 For Defendant: Douglas B. Marcello, Esquire (Hixon and Bacon) Address: 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 I will notify all parties in writing within two days that this case has been listed for May 29, 2002 Argument Court Date: July 24, 2002 Do~g/asc~ Esqui~ I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 29 day of May, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for Plaintiff) Sherry D. Lowe, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (.4ttorney for Plaintiff Progressive Insurance Companies) :157592.1 THOMAS, THOMAS & HAl*ER, LLP By~~-------~ Douglas~l~. Marcely f ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM : Civil Action . V. : : DAN HIXON : No.: CI-01-7011 CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy of the Notice of Deposition of Stephanie Bacon upon the person set forth below in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Haler 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Date: WAGMAN KREIDER & WRIGHT David A I~elc~, y Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM : Civil Action : V. : DAN HIXON : No.: CI-01-7011 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the Notice of Deposition of Stephanie Bacon upon the person set forth below in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Date: WAGMAN KR~IDER & WRIGHT David A. Kreidelh~ttomeys for Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW AARON S. ROHM V. DAN HIXON : Civil Action : No.: CI-01-7011 CERTIFICATE OF SERVICE I hereby certify that I have this day served atme and correct copy of Plaintiffs Supplemental Answer to Request for Production of Documents of Defendant Propounded Upon Plaintiffupon the person set forth below and in the manner indicated: First class mail, post_age prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Haler 305 North From Street P.O. Box 999 Harrisburg, PA 17108 Date: WAGMAN KREIDER & WRIGHT David A Kreider, Attorneys for Plaintiff 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM : Civil Action Vo ' : '70~1 DAN HIXON : No.: CI-01-qlC, G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. ~ : CASSANDRA BACON and DAN HIXON,: a/k/a DANIEL HIXON : Civil Action : No.: CI-02-1662 PRAECIPE Plaintiff Aaron Rohm withdraws his objections to the motion for consolidation of the above two captioned cases. WAGMAN KREIDER & WRIGHT ';:Da~~idA~~~evs r Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Praecipe upon the persons set forth below and in the manner indicated: First class mail, postage prepaid: Douglas B. Marcelto, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Sherry D. Lowe, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Sevemh Avenue Pittsburgh, PA 15219 James G. Nealon, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Date: /--/-o~ ~- 0 2_~ N KREIDER & WRIGHT Davi~ A. Kreider, Atfom~J~for Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 AARON S. ROHM, Plaintiff, DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-7011 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please mark the above matter settled, discontinued and ended. Date: 256628.1 By: Wagman, Kreider & Wright fffff3~a~l-Wagmdn, l~squire '~ 2~2 E. Orange Street ~.O. BOX 1522 / Bancaster, PA 17608-1522 v/