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HomeMy WebLinkAbout10-2507IMF THFl F ITARY 20 10 APR 15 PM 3: 3 f CUM13tr iz CQEw P?VNS1'i.Ygt?? ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com SALLY OWEN Plaintiff V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR, AND PATRICK F. LAUER, JR. LIVING TRUST, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW :NO. Io - ,2507 O?W i tTip?m : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 426884 0 #ga.oo Po ATH dJ('*81u kt a4o5R9 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 426884 VERIFICATION I, SALLY OWEN, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. SAL Y Dated: / ;' ` f O 203648 SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR, AND PATRICK F. LAUER, JR. LIVING TRUST, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Sally Owen is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 457 E. 9 h Street, Erie, Pennsylvania 16503. 2. Defendant Law Office of Patrick F. Lauer, Jr., LLC, is a Pennsylvania limited liability company which regularly conducts business at 2108 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Patrick F. Lauer, Jr. is an adult individual and citizen of the Commonwealth of Pennsylvania who along with the Patrick F. Lauer Living Trust owns the property located at 2108 Market Street, Camp Hill and who resides and lists a mailing address at 3825 Pamay Drive, Mechanicsburg, Cumberland County, PA 17050. 4. The facts and occurrences hereinafter related took place on or about May 20, 2008, at the Law Office of Patrick F. Lauer, Jr, LLC, 2108 Market Street, Camp Hill, Pennsylvania. 5. At that time and place, Plaintiff Sally Owen is a lawyer and was consulting Defendant on a particular case and therefore would have been a business invitee. 6. At the time and place, it had been raining and the sidewalks were wet. 7. At that time and place, Plaintiff Sally Owen was dropping off files at Defendant's place of business and parked her car near the front door. 426884 8. At that time and place, Plaintiff Sally Owen was exiting Defendant's place of business using the front door and stepped off the dry covered porch onto a wooden handicap accessible ramp which was wet from rain. 9. At the time of the incident, Plaintiff Sally Owen's foot slipped on the wet and slimy wooden ramp causing her to lose her balance, violently falling and fracturing her pelvis and tailbone. 10. The aforementioned accident and resulting injuries sustained by Plaintiff Sally Owen are the direct and proximate result of the careless, reckless, and negligent conduct of Defendants Law Office of Patrick F. Lauer, Jr, LLC, Patrick F. Lauer, Jr. and Patrick F. Lauer, Jr. Living Trust as follows: (a) failure to properly inspect and maintain its premises; (b) failure to properly install an anti-skid material on the wooden ramp to make it slip-resistant when wet; (c) failure to properly install an anti-skid material on the ramp which the Defendant was aware or should have been aware became slippery when wet; (d) failure to properly inspect the ramp to discuss conditions which might pose a hazard to business invitees; (e) failure to properly warn business invitees, of the possibility of slippery conditions, and the possibility of slipping and falling on the wet ramp; and (f) failure to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premises for its intended purposes. 10. As a direct and proximate result of the aforementioned fall, Plaintiff Sally Owen sustained painful and severe injuries, which include but are not limited to fractures of the left sacrum and left superior pubic ramus acetabular junction, aggravation of a pre-existing Tarlov cyst, as well as continuing pain and discomfort and general shock to her nervous system. 426884 11. As a result of the injuries sustained, Plaintiff Sally Owen was forced to incur liability for medical treatment, medications, hospitalizations, physical therapy, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Sally Owen has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned accident and resulting injuries, Plaintiff Sally Owen has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned accident and resulting injuries, Plaintiff Sally Owen has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. Plaintiff Sally Owen continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Sally Owen has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Sally Owen has sustained uncompensated work loss, and claim is made therefor. WHEREFORE, Plaintiff Sally Owen demand judgment against Defendants Law Office of Patrick F. Lauer, Jr, LLC, Patrick F. Lauer, Jr. and Patrick F. Lauer, Jr. Living Trust in an amount in 426894 excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 4/15/10 ANGINO & ROVNER, P.C. is ael E. OKosik, Esquire I.D. No. 36513 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 426884 F'U~~ .. J. ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com 2U~U v~F1- ~ i, j ,~ ',~ ~~It ,~,,~~ t- F~ - SALLY OWEN v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAVER, JR., LLC, PATRICK F. LAVER, JR, AND PATRICK F. LAVER, JR. LIVING TRUST, Defendant CIVIL ACTION -LAW NO. 10-2507 CIVIL JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come Plaintiff Sally Owen by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 18. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as new matter any material facts which are not merely denials of the averments of the preceding pleading. A review of Defendant's Answer to Plaintiff s Complaint reveals that for the most part Defendant's Answer is either an admission or denial to the corresponding paragraph of Plaintiff s Complaint and therefore the incorporation of these paragraphs was improper. To the extent that a further response may be deemed proper with respect to paragraph 7 and 8, Plaintiff responds as follows: ?. It is specifically denied that Plaintiff Sally Owen had any files or exhibits at home. Plaintiff Sally Owen did not believe she had either in her car but was proceeding to her car to check if anything was there. At no time did Plaintiff Sally Owen panic or run. To the contrary, Plaintiff Sally Owen was proceeding out 444490 to her caz in a cazeful and reasonable manner when she fell as a result of Defendant's negligence as set forth in Plaintiffs Complaint. 8. Denied. See Plaintiff s response to paragraph 7. 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's claim is barred by the statute of limitations. Defendant admitted that on May 20, 2008, Plaintiff Sally Owen was injured at the Defendant's law office. Plaintiffs Complaint was filed in Cumberland County on April 14, 2010 with service being made by the. Sheriffs .office on Apri126, 2010, both of which were prior to the two-yeaz anniversary of Plaintiff s claim as required by 42 Pa..C.S.A. §5524. 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs injuries were attributable to apre-existing medical condition which was not caused or aggravated by the fall on Mazch 20, 2008. To the contrary, it is averred that Plaintiff Sally Owen's injuries were directly and factually caused by the fall and/or aggravated by the fall and are injuries and damages for which she is permitted to recover under Pennsylvania law. 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Defendants did not breach a duty of care to the Plaintiff. To the contrary, Plaintiff had every right to expect that Defendants would maintain the property, including the ramp on which Plaintiff fell in a safe and appropriate manner and would have taken steps to make sure that the wood was not unreasonably slippery or at the very least provided warnings concerning the dangerous condition of the ramp which existed on the date of Plaintiff s fall. 444490 2 22. Denied. Plaintiff specifically denies that the Defendant may reserve the right to raise additional defenses which are not set forth in new matter. Pursuant to Pennsylvania Rule of Civil Procedure 1030, any defenses which are required to be set forth in new matter and are not raised are waived, and Defendant's attempt to preserve these defenses is improper and ineffective. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff 444490 3 PA I.D. No. 36513 4503 N. Front Street VERIFICATION I, SALLY OWEN, do hereby swear and affirm that the facts set forth in the foregoing REPLY TO NEW MATTER is true and correct to the best of our knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. S OWEN Dated: ~ " 1 ~ ~ l 203648 CERTIFICATE OF SERVICE AND NOW, this 23`d day of July, 2010, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Anthony T. Lucido, Esquire Thomas, Thomas & Hafer PO Bax X99 Harrisburg, PA 17108 .~ Michelle M. Milojevi aaaa9o 4 , Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com C+! Attorney for Defendants SALLY OWEN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of Subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoena with copies of the subpoenas attached thereto was mailed or delivered to each party on or about November 23, 2010; 2. A true and correct copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate; 3. Plaintiff's counsel, Michael E. Kosik, Esq., has agreed to waive the 20-day period for filing and serving objections as evidenced by his letter dated November 30, 2010, a copy of which is attached hereto; 4. Copies of the proposed subpoenas are attached to this Certificate. Date: 12 -7110 THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire 884787.1 Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.corn SALLY OWEN, Plaintiff v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED NOTICE=OF'INTENT TO: Counsel of Record Defendants intend to serve subpoenas, identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas will be served. Respectfully submitted, THOMAS, THOM & HAFER, LLP Xa- 0111-' Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 I l 1 zN 10 (717) 255-7234 Date: 880353.1 SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS' OR THINGS FORDISCO`jERY, PURSUANT TO RULE 4009.22 TO: William Swabler, D.O., 2010 W'. 38"' Street, Erie, PA 16508 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46: SS#200-34-7151) including, but not limited to: correspondence. charts. office notes. progress notes, consultation reports, x-ray or other diagnostic films. diagnostic film reports and results. test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms, to: Thomas, Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburg PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN. V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FORDISCOVERY, PURSUANT TO RULE 4009.22 TO: Kathuria Sudhir, MD, Johns Hopkins Medical Institute, Department of Interventional Neuroradiology, 600 N. Wolfe St., Radiology B-100, Baltimore, MD 21287 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A Owen (DOB: 04/14/46, SS#200-34-7151) including, but not limited to: correspondence. charts. office notes. progress notes, consultation reports. x-ray or other diagnostic films diagnostic film reports and results, test results, statements of injury. diagnosis and prognosis. patient histories and insurance forms, to: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisburg P A 171 AR 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 riomt 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN; IN1 THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY; PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Millcreek Comununity Hospital, 5515 Peach Street, Erie, PA 16509 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46; SS#200-34-7151) including. but not limited to: correspondence, charts. office notes. progress notes. consultation reports. x-ray or other diagnostic films. diagnostic film reports and results. test results, statements of injury. diagnosis and proimosis, patient histories and insurance forms, to: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999. Harrisburg PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY ONATEN, INT THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Anthony ;f. Ferretti, D0, 2010 W. 38th St., Erie, PA 16508 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) includinv_ but not limited to: correspondence. charts. office notes, progress notes. consultation reports. x-ray or other diagnostic films. diagnostic film reports and results, test results. statements of injury, diagnosis and prognosis, patient histories and insurance forms. to: Thomas, Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108. 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 malting 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIN71NG TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE iDOCUII!IENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Orthopedic Consultants of Wyoming Valley, 390 Pierce Street, Kingston, PA 18704 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) including. but not limited to: correspondence. charts. office notes. progress notes. consultation reports. x-ray or other diagi ostic films. dia-nostic film reports and results. test results. statements of injury, diagnosis and prognosis, patient histories and insurance forms, to: Thomas.. Thomas & Hafer, LLP. 305 N. Front St., P.O. Box 999. Harrisburg, PA 171 OR 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FORDISCOVERY, PURSUANT TO RULE 4009.22 TO: Bayada Nurses, 750 E. Park Drive, 1st Floor, Harrisburg, PA 17111-2758 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46: SS#200-34-7151) including., but not limited to: correspondence. charts. office notes. progress notes. consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results. statements of injury, diagnosis and prognosis, patient histories and insurance forms, to: Thomas, Thomas & Hafer. LLP.. 305 N. Front St.. P.O. Box 999. Harrisburg PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, INT THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENTNSYLVANIA N'. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO `PRODUCE DOCUMENTS OR THINGS'FOR.DISCOVERY, PURSUANT TO RULE 4009.22 TO: Phoenix Physical Therapy, 685 Carey Avenue, Hanover Township, PA 18706 Within twenty (20) days after- service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) including. but not limited to: correspondence. charts, office notes, progress notes. consultation reports. x-ray or other- diagnostic films, diagnostic film reports and results, test results, statements of injury, diagnosis and prognosis. patient histories and insurance forms. to: Thomas, Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, v. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE' DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Hershey Medical Center, P.O. Box 850, 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: Copies of any and all medical records regarding Sally A. Ovven (DOB: 04/14/46, SS#200-34-7151) includiny_ but not limited to: correspondence, charts, office notes.. progress notes, consultation reports. x-ray or other diagnostic films. diagnostic film reports and results. test results, statements of iniga, diagnosis and prognosis, patient histories and insurance forms, to: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box-999.. Harrisburg PA 17108. 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 cornpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE. DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Camp HID Fire Ambulance Co., P.O. Box 633, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, reports. ambulance trip sheets treatment notes, diagnostic studies, laboratory studies, writings, correspondence, etc. for treatment rendered on behalf Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) to: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE' DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: HealthSouth Rehab Center, 175 Lancaster Blvd., Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46: SS#200-34-7151) including, but not limited to: correspondence. charts. office notes. progress notes. consultation reports, x-rav or other diagnostic films. diamostic film reports and results, test results, statements of injury, diagnosis and prognosis, patient histories and insurance forms. to: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 171 OR 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOZTRY, PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46: SS#200-34-7151) including, but not limited to: correspondence. charts, office notes. progress notes. consultation reports. x-ray or other diagnostic films, diagnostic film reports and results. test results, statements of iniurv, diagnosis and prognosis_ patient histories and insurance fortes, to: Thomas, Thomas & Hafer, LLP. 305 N. Front St., P.O. Box 999. Harrisburg PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants SUBPOENA' TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of PA, 3399 Trindle Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) including. but not limited to: correspondence. charts, office notes. progress notes. consultation reports. x-ray or other diagnostic films, diagnostic film reports and results. test results statements of inj M . diagnosis and prognosis.. patient histories and insurance forms. to: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P.O. Boa 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION -LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Mobile X-rav Imaging, Inc., 945 East Part: Drive, Suite 102, Harrisburg, PA 17111 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46; SS#200-34-7151) including, but not limited to: correspondence, charts. office notes, progress notes. consultation reports, x-ray or other diagnostic films, diagnostic film reports and results. test results. statements ofI injure. diagnosis and prognosis. patient histories and insurance fornis. to: Thomas. Thomas & Hafer.. LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108. 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: Anthony 7'. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 1 7 1 08-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE;DOCUMENTS OR THINGS FOR DIS COVERY, PURSUANT TO RULE 4009.22 TO: Capital Area Cardiovascular Surgical Institute, 423 N. 21st Street, Suite 301, Camp Hill, PA 17011 Within twenty (20) days after- service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) includiny,. but not limited to: correspondence. charts. office notes, pro(,),-ess notes. consultation reports, x-ray or other diagnostic films. diaunostic film reports and results. test results, statements of' injury, diagnosis and prrooanosis.. patient histories and insurance forms, to: Thomas Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburg PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 1 7 1 08-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OATEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED SUBPOENA TO 'PRODUCE DOCUMENTS OR THINGS FOR DISCO17ERY,,PURSUANT TO RULE 4009.22 TO: Family Health Associates, 1 W. Market St., York, PA 17404 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46; SS#200-34-7151) including. but not limited to: correspondence. charts. office notes. progress notes. consultation reports. x-ray or other diagnostic films. diapostic film reports and results, test results statements of injury, diagnosis and prognosis, patient histories and insurance forms. to: Thomas. Thomas & Hafer. LLP.. 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 1 7 1 08-0999 TELEPHONE: (717) 255-7234 SUPREME COURT fD#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the. Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, v. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO ;PRODUCE DOCU_A1E'NTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Bureau of Workers' Compensation, 1171 South Cameron Street, Room 103, Harrisburg, PA 17104 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all records regarding Sally A. Owen (DOB: 04/14/46: SS#200-34-7151) including. but not limited to: application for benefits. phvsician's statements. wage verifications. medical records and reports, bills, Peer Review reports. IME reports. and correspondence and all other documents and things without limitation to: Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Aflac, 1932 VA'ynnton Road, Columbus, GA 31999 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Codes of any and all records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) including, but not limited to: application for benefits, physician's statements wage verifications. policy declarations page(s) showing coverage or tort option elections, surmnaries of payments made. medical records and reports. bills. Peer Review reports, IME reports and correspondence and all other documents and things without limitation.. to: Thomas. Thomas & Hafer LLP, 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108. 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 malting 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL, DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR'DISCOVERY, PURSUANT TO RULE 4009.22 TO: LECOM PT, 5401 Peach Street, Erie, PA 16509 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) including. but not limited to: correspondence. charts. office notes. progress notes. consultation reports. x-ray or other diagnostic films. diagnostic film reports and results. test results. statements of injury, diagnosis and prognosis, patient histories and insurance forins, to: Thomas. Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE 1, Megan L. Younkins, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Megan ounki s, aralegal Date: h1 J3?JD 88033.1 I a ngino rovner 4503 (NORTH FRONT STREE'r HARRISBURG, PA 17110-1799 PHONE: (717) 238-6791 FAX: (717) 238-5610 www.angino-rovner.com E-mail: mkosilca?angino-rovner.com Megan L. Younkins, Paralegal Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 November 30, 2010 RE: Owen v. Law Office of Patrick F. Lauer, Jr., LLC, et. al. Dear Megan: RICHARD C. ANGINO NEIL J. ROVNER DAVID L. LUTZ (MICHAEL E. KOsIK RICHARD A. SADLOCK LISA M. B. WOODBURN DARVL E. CHRISTOPHER I have no objection to your subpoenas to William Swagler, D.O., Kathuria Sudhir, M.D., Millcreek Community Hospital, Anthony J. Ferretti, D.O., Orthopedic Consultants of Wyoming Valley, Bayada Nurses, Phoenix Physical Therapy, Hershey Medical Center, Camp Hill Fire Ambulance Co., Healthsouth Rehab Center, Holy Spirit Hospital, Orthopedic Institute of PA, Mobile X-ray Imaging, Inc., Capital Area Cardiovascular Surgical Institute, Family Health Associates, Bureau of Workers Compensation , Aflac, and Lectom PT and will waive the 20-day waiting period. However, please supply me with copies of whatever you receive in response to the subpoena in exchange for waiving the 20 days. MEK/mmm chael E. Kosik 455736 CERTIFICATE OF SERVICE I, Megan L. Younkins, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Meg U L You ,, Paralegal Date: December 1 '2010 884787.1 Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com SALLY OWEN, v. { LL`Uf-CFF CE R23 r:'?Il? 3 i w. xBERLAND COUNT`. Attorney for Defendants Plaintiff LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 10-2507 : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of Subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoena with copies of the subpoenas attached thereto was mailed or delivered to each party on or about February 22, 2011; 2. A true and correct copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate; 3. No objections to the subpoenas have been made; 4. Copies of the proposed subpoenas are attached to this Certificate. THOMAS, THOMAS & HAFER, LLP J21 (( a-. Date: 3 Anthony T. Lucido, Esquire 49. 884787.2 Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@ttWa)A,.com SALLY OWEN, Plaintiff V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED NOTICE OF INTENT TO: Counsel of Record Defendants intend to serve subpoenas, identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP " ---). -? 4;. 6 Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 Date: Z? ti2 (717) 255-7234 880353.2 SALLY OWEN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW : NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: White Rose Family Practice, 80 Wyntre Brooke Drive, York, PA 17403 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Conies of any and all medical records regarding Sally A Owen (DOB: 04/14/46, SS#200-34-7151) including but not limited to: correspondence charts office notes, progress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results statements of in-j_, diagnosis and prognosis, patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: SUPREME COURT ID#: ATTORNEY FOR: BY THE COURT: DATE: Seal of the Court (717) 255-7234 76583 Defendants Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW : NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO !PRODUCE 'DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: East Pennsboro Ambulance, 750 South Humer Street, Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A Owen (DOB: 04/14/46, SS#200-34-7151) including but not limited to: correspondence charts office notes progress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of inju diagnosis and prognosis patient histories and insurance forms, to: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: SUPREME COURT ID#: ATTORNEY FOR: BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division (717) 255-7234 76583 Defendants Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants : CIVIL ACTION -LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 400922 TO: Mark T. Bloomstine, M.D., 204 W. 26th Street, Erie, PA 16508 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A Owen (DOB: 04/14/46, SS#200-34-7151) including but not limited to: correspondence charts office notes, progress notes, consultation reports x-rav or other diagnostic films diagnostic film reports and results, test results, statements of iniM diagnosis and prognosis, patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburiz, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW : NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO :PRODUCE DOCUIVIENTS'OR THINGS FOR DISCOVERY, .PURSUANT TO RULE 400922 TO: Omer C. Hurlburt, 111, D.O.7813 Roosevelt Blvd., Middletown, Ohio 45044 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records re arding Sally A Owen DOB: 04/14/46; SS#200-34-71511 includins but not limited to: correspondence charts office notes, progress notes, consultation reports x-ray or other diagnostic films diagnostic film r orts and results, test results, statements of injury diagnosis and prognosis, patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants : CIVIL ACTION -LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: St. Vincent Health Center, 232 W. 25th Street, Erie, PA 16544 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Conies of any and all medical records regarding Sally A Owen (DOB: 04/14/46; SS#200-34-7151) including but not limited to: correspondence charts office notes, progress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury diagnosis and prognosis, patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, . IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Sadler Health Center, 100 N. Hanover 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: Copies of any and all medical records regarding Sally A Owen (DOB: 04/14/46, SS#200-34-7151) includine but not limited to: correspondence charts office notes, progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniurv diagnosis and prognosis, patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants : CIVIL ACTION - LAW : NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Carlisle NeuroCare, 220 Wilson Street, Suite 210, 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:_ Copies of any and all medical records regarding Sally A Owen (DOB: 04/14/46; SS#200-34-7151) including but not limited to: correspondence charts office notes, progress notes, consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results, statements of iniury diagnosis and prognosis patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy SALLY OWEN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants : CIVIL ACTION -LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 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: Copies of any and all medical records regarding-Sally A Owen (DOB: 04/14/46: SS#200-34-7151) including but not limited to: correspondence charts office notes, progress notes, consultation reports x-ray or other diagnostic films diagnostic film r orts and results, test results, statements of iniury diagnosis and prognosis, patient histories and insurance forms, to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Megan L. Younkins, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Meg . Yo ins, Paralegal Date: 7- 880353.2 CERTIFICATE OF SERVICE I, Megan L. Younkins, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Megan . Y unki s, aralegal Date: March 2 1 , 2011 884787.2 Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com SALLY OWEN, Plaintiff V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants -FFICE E THELPRO TNQNTARY 2011AUG29 AM 11:289 CUMBERLAND COUNTY PENNSYLVA-1441 , Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2507 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of Subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoena with copies of the subpoenas attached thereto was mailed or delivered to each party on or about August 5, 2011; 2. A true and correct copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate; 3. No objections to the subpoenas have been made; 4. Copies of the proposed subpoenas are attached to this Certificate. THOMAS, THOMAS & HAFER, LLP r"'- ` Date: g 12? I kt Anthony T. Lucido, Esquire Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com SALLY OWEN, Plaintiff V. LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 10-2507 JURY TRIAL DEMANDED ,NOTICE OF VffFNT- TO: Counsel of Record Defendants intend to serve subpoenas, identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas will be served. Respectfully submitted, Date: S SI 11 THOMAS, THOMAS & HAFER, LLP Anthony T. Luci o, Esquire Attorney I.D. No. 76583 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 880353.3 Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com Attorney for Defendants SALLY OWEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF PATRICK F. LAVER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED A10 TO: Family and Community Health Associates/Dr. Robert Pizziketti, 25 Monument Rd Suite 210, York, PA 17403 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46; SS#200-34-7151) including but not limited to: correspondence charts office notes rogress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results test results statements of injury, diagnosis and prognosis, patient histories and insurance forms to: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@ttWaw.com Attorney for Defendants SALLY OWEN, V. Plaintiff LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 10-2507 JURY TRIAL DEMANDED 'SUBPOENA TO TRODUiCE DOO GU1V>WNTS ?OR THINGS WOR DISCOVERY, ,PURSUANII"TO RUIDE,,4009.22 TO: Harold G. Kretzing, M.D., Adult Health Clinic, 117 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 documents or things: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46; SS#200-34-7151) including, but not limited to: correspondence, charts, office notes progress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results statements of injury, diagnosis and prognosis, patient histories and insurance forms to: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com Attorney for Defendants SALLY OWEN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants CIVIL ACTION - LAW NO. 10-2507 JURY TRIAL DEMANDED SUBPOENA TOPRODUCEMOCUMENTS?OR TSINGS fOR1llISCOVERY, ?'URSUANO TO iRUI E?4009.22 II TO: Walnut Bottom Radiology, Belvedere Medical Ctr., 850 Walnut Bottom Rd., 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: Copies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46, SS#200-34-7151) including, but not limited to: correspondence, charts, office notes, Droeress notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results, test results statements of injurdiagnosis and prognosis, patient histories and insurance forms, to: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Hanisbura, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy Thomas, Thomas & Hafer, LLP Anthony T. Lucido, Esquire Attorney I.D. No. 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7234 alucido@tthlaw.com Attorney for Defendants SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW LAW OFFICE OF PATRICK F. NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAVER, JR. LIVING TRUST, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE.:DOGUMMNTS OR TtMMGS.YORI) SCOVER- , ^PURS,UANII TO RUUE4009:22 TO: Philip D. Carey, M.D., 477 Walnut Bottom Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Conies of any and all medical records regarding Sally A. Owen (DOB: 04/14/46; SS#200-34-7151) including but not limited to: correspondence charts office notes ro ess notes, consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results statements of injury, diaposis and prognosis, patient histories and insurance forms to: Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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: Anthony T. Lucido, Esquire c/o Thomas, Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Megan L. Younkins, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 "7?v-? Q't?? - Megan L ounk' s, aralegal Date: S W 880353.3 CERTIFICATE OF SERVICE I, Megan L. Younkins, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 , Paralegal Megan 0-o t Date: August 26, 2011 884787.3 SALLY OWEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTS PENNSYLVANIA V Plaintiff , LAW OFFICE OF 2010—2507 CIVIL TERM PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., and PATRICK F. LAUER, JR. CIVIL ACTION - LAW LIVING TRUST, Defendant ORDER OF COURT AND NOW, this 1sT day of APRIL, 2013, a status conference is scheduled for THURSDAY,APRIL 18,2013,at 1:30 p.m. in Courtroom# 3. By the Co Edward E. Guido, J. Michael E. Kosik, Esquire /Brooks Foland, Esquire :std �, ;E5 , %ii✓ 1��/_3 f"M —I fri- • CJ7� l ''Ca -* N d SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAW OFFICE OF 2010—2507 CIVIL TERM PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., and PATRICK F. LAUER, JR. CIVIL ACTION - LAW ZIM LIVING TRUST, ; Defendant `�' r T C7 tV ORDER OF COURT = AND NOW, this 22ND day of APRIL, 2013, after a status conference with counsel it is hereby ordered and directed as follows: 1) All discovery shall be completed by Monday, July 15, 2013, except for an IME of Plaintiff which must be scheduled on or before Monday, September 16, 2013. 2) The parties are directed to list this matter for the TRIAL TERM commencing on December 9, 2013. Counsel are deemed to be attached to this Court that week. By th_-- 'o , Edward E. Guido, J. /Mchael.E. Kosik, Esquire ✓$rooks Foland, Esquire Court Administrator �- :sld a,� t Hz. i t;,11HD i 2013 SEP 30 PP I: CUMBERLAND COii 'ENNS Y � � , Y Thomas,Thomas& Hafer, LLP LVANIA i Brooks R. Foland, Esquire Attorney I.D.No. 70102 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)255-7626 bfoland @tthlaw.com Attorney for Defendants SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. • LAUER, JR. LIVING TRUST, • Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve a Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party on or about September 23, 2013 to serve a Subpoena upon Millcreek Community Hospital. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed Subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve this Subpoena has been waived by counsel for Plaintiff, as evidenced by the attached correspondence. 4. The Subpoena which will be served is identical to the Subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: September 27, 2013 By: woo , ' BROOKS R. FOLAND, ESQUIR Attorney I.D. No. 70102 COUNSEL FOR DEFENDANTS 1361501.1 Thomas,Thomas&Hafer,LLP Brooks R. Foland,Esquire Attorney I.D.No.70102 305 North Front Street P.O. Box 999 Harrisburg,PA 17108-0999 (717)255-7626 bfoland @tthlaw.com Attorney for Defendants SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. • LAUER, JR., AND PATRICK F. • LAUER, JR. LIVING TRUST, Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO: Counsel of Record Defendants intend to serve a subpoena, identical to the one that is 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 will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP hOnPfffiaLLos U1/4-JD Brooks R. Foland, Esquire Attorney I.D. No. 70102 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 Date: 880353.3 SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. • LAUER, JR., AND PATRICK F. • LAUER, JR. LIVING TRUST, Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY,PURSUANT TO RULE 4009.22 TO: Milicreek Community Hospital, 5515 Peach Street, Erie, PA 16509 Within twenty (20),days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of the following radiology films and reports for Sally A. Owen(DOB: 04/14/46): 7/1/09 pelvic MRI and 7/1/09 MRI of the lumbar spine. to: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. 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: Brooks R. Foland, Esquire do Thomas,Thomas & Hafer, LLP ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7234 SUPREME COURT ID#: 70102 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Renee K. Coonradt, Paralegal, of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 qRenee K. Coonradt, Paralegal Date: ` 5 880353.3 A s. . . .,. 4 ,. L„ ,..,. 4-4', x angino-rovner El 2- 4503 NORTH FRONT STREET RICHARD C.ANGINO NEIL J.ROVNER HARRISBURG,PA 17110-1799 DAVID L.LUTZ MICHAEL E.KOSIK PHONE:(717)238-6791 RICHARD A.SADLOCK LISA M.BENZIE FAx:(717)238-5610 DARYL E.CHRISTOPHER KRISTEN N.SINISI www.angino-rovner.com E-mail: mkosik @angino-rovncr.com September 25, 2013 Brooks R. Foland, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 RE: Owen v. Law Office of Patrick F. Lauer, Jr., LLC, et. al. Dear Brooks: I have no objection to your subpoena to Millcreek Community Hospital and will waive the 20-day waiting period. However, please supply me with copies of whatever you receive in response to the subpoena in exchange for waiving the 20 days. V- s, Michael E. Kosik MEK/mmm 536202 THOMAS, THOMAS & HAFER LLP Page 2 I, Michael Kosik, Esquire, counsel for Plaintiff, do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendant to issue a subpoena to Millcreek Community Hospital. DATE: Michael Kosik, Esquire CERTIFICATE OF SERVICE AND NOW, thisa day of , 2013, I, Renee K. Coonradt, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff M(V Renee K. Coonradt, Paralegal for Brooks R. Foland, Esquire H gr r .p.7 r- r , a ,= t 3 t., . r Thomas,Thomas&Hafer,LLP f"`1 ..pn... Brooks R. Foland, Esquire l. .: , .L E r ? ,' Y Attorney I.D.No. 70102 S i'LVAtiEti 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)255-7626 bfoland @tthlaw.com Attorney for Defendants SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, • Defendants : JURY TRIAL DEMANDED MOTION OF DEFENDANTS TO COMPEL PLAINTIFF'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, come Defendants, Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file this Motion to Compel Plaintiff's Answers to Supplemental Interrogatories, and assert the following reasons therefore: 1. This civil litigation matter was initiated by the filing of a Complaint on or about April 15, 2010. A true and correct copy of the Complaint is attached hereto as Exhibit"A". 2. It is believed that Plaintiff is seeking damages in this case for lost wages and/or diminution of her earning capacity. Id. 3. On or about April 19, 2013, Defendants served Plaintiff with Supplemental Interrogatories which sought information pursuant to Pa. R.C.P. 4005 and Pa. R.C.P. 4009.11, and directly related to the claim for lost wages and/or diminished earning capacity. A true and correct copy of the Supplemental Interrogatories is attached hereto as Exhibit`B". 3. On or about July 15, 2013, August 9, 2013, and August 30, 2013, Defendants requested that Plaintiff provide Answers to said Supplemental Interrogatories. True and correct copies of this correspondence are attached hereto as Exhibit"C". 4. On or about September 9, 2013, Plaintiff produced a copy of a single 2008 tax return. A true and correct copy of Plaintiffs 2008 tax return (with social security number redacted) is attached hereto as Exhibit"D". 5. As the single 2008 tax return is not at all responsive to the outstanding Supplemental Interrogatories, on or about September 20, 2013, undersigned counsel advised Plaintiff's counsel of the intent to file a Motion to Compel, if full and complete Answers were not received within ten (10) days. A true and correct copy of this correspondence is attached hereto as Exhibit"E". 6. Pursuant to Pa.R.C.P. 4006 and 4009.12, Plaintiff is required to serve answers or objections to Defendants' Supplemental Interrogatories within thirty (30) days of service. 7. More than one hundred eighty (180) days have expired since Defendants served the discovery in question, and, despite numerous attempts to obtain responses, Plaintiff has failed to provide a full and complete response to same. 8. As Plaintiff has failed to respond in accordance with the Rules of Civil Procedure, it is respectfully requested that this Court issue an Order directing Plaintiff to provide full and complete Answers to Defendants' Supplemental Interrogatories, or be precluded from introducing any such evidence concerning alleged lost wages and/or diminished earning capacity at trial. s 9. Defendants are prejudiced by Plaintiff's failure to provide discovery responses, as they have been precluded from gaining the necessary investigative materials to further the course of the instant litigation. WHEREFORE, it is respectfully requested that the Court issue an Order directing Plaintiff to provide full and complete Answers to Defendants' Supplemental Interrogatories, without objection, within twenty (20) days from the date of the Order, or be precluded from offering such evidence or testimony at the trial of this case without the need for further motion. THOMAS, THOMAS & HAFER, LLP By: Brooks R. Foland, Esquire Attorney I.D. # 70102 r P.O. Box 999, 305 N. Front Street Date '0 (/1` ` Harrisburg, PA 17108-0999 Counsel for Defendants M. CERTIFICATE OF SERVICE AND NOW, this day o 1 C , 2013, I, Renee K. Coonradt, a paralegal for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP Renee K. Coonra Paralegal for Brooks R. Foland, Esquire 1362541.1 4 __ • — ' • • al` (' .' I « | • / \ APR-,27-2010 11 :46 AM PATRICK LAUER • ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID I; 36313 4503 North Front Street Harrisburg,PA 17110-1799 (117)238-6791 FAX(717)238.5610 • Attorneys for Plaintiffs) E-mail:mkosik((angino-rovner.eor j SALLY OWEN : IN TI{I:COURT OF COMMON PLEAS . Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA • v, : CIVIL ACTION-LAVA --- . NO 10 - o't,5o7 tTent( LAW OFFICE OF PATRICK F. LAUER,JR.,I.LC,PATRICK F. LAUER, : JR, AND PATRICK F. LAUER JR, LIVING TRUST, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND, 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 fall to do so the case may proceed without you and judgment may be mitred against you by the Court without further notice fur 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.00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI-11S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association • 32 South Bedford Street Carlisle,PA Telephone number-717-249-3166 426k84 TRUE COPY FROM RECORD • in 7bstlmony vowed,I Macs unto sit my tend. Ond lhue Of saki •• 'keyhole,p4, That ri = 20 La. Prothonowiy v APR-27-2610 t r1r1 rri i �c.�...� -, — T=. AVISC) LISTED HA SIDO D1;MANDADO/A EN CORTE. Si usted doses dcibnderse de las demandas que se persentan mss adelante cn las sigulcntes paginas,debt tomer action dentrn do los prbtdmoa veinte(20)digs despues de la notificacidn de esta Demands y Aviso radicando perssonalrnente o por media de un abogado tine contparecencia =rite y radicand°an la Corte por cacrito sus defenses de,y objccciones a,las demandas presentadas wig en contra suya. Sc le adviene de que si usted falla de tomer acci6n coma se describe anteriormente, al case puede proceder sin usted y un fallo por vualquierr suma de dinero reclamada en Is demanda o cualquier otra reelamacidn o remedlo solicitedo por ci demandante puede ser dictado en contra suya par la Corte sin nits aviso adicional. 7sed puede perder dinero o propiedad u afros derechos itnportante.s parr used. USTED DEI3E LLEVAR.ESTE DOCUMENT°A Sll ABOGADO 1NMEDIATAMI;NTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSFGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA 1,E PUEDA PROVEER INFORMACION SOBRE AGE•CIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALJFICAN. Cumberland County Bur Association 32 South Bedford Street Carlisle,PA Telephone number-717-249-3166 - I 426854 • APR-27-2010 1 1 :47 RPl rH 1 1C 1 vr. tirvcr� n `" . I 111 • j + VER.1 FE Ali ON 1 L SALLY OWEN, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. 1 understand that this verification is made subject to the penalties of the Rules of Civil Procedure 'I relating to unsworn falsification to authorities. deo • r Akki 1 Dated:/... L� i 1. I j I ' nu.16.18 I • • i +. APR-27-2010 11 :48 AM PATRICK LAUER r. n� • • { SALLY OW EN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION -LAW : NO. LAW OFFICE OF PATRICK F. LACER,JR., LLC,PATRICK F.LAUER, : JR,AND PATRICK F. LAUER,JR. �.;' - LIVING TRUST, . Defendant : JURY TRIAL DEMANDED • COMPLAINT 1. Plaintiff Sally Owen is an adult individual and citizen of the Commonwealth of • Pennsylvania who resides at 457 E.9th Street,Erie,Pennsylvania 16503. 2. Defendant Law Office of Patrick F. Lauer, Jr., LLC, is a P'c tin sy1vania limited liability company which regularly conducts business at 2108 Market Street,Camp Hill, Cumberland County,Pennsylvania 17011. 3. Defendant Patrick F. Lauer, Jr. is an adult individual and citizen of the Commonwealth of Pennsylvania who along with the Patrick F. Lauer Living Trust owns the • property located at 2108 Market Street, Camp Hill and who resides and lists a mailing address at 3825 Pamay Drive, Mechanicsburg, Cumberland County, PA 17050. 4. The facts and occurrences hereinafter related took place on or about May 20,2008, • • at the Law Office of Patrick F. Lauer,Jr,LI.C, 2108 Market Street, Camp Hill, Pennsylvania. 5. At that time and place, Plaintiff Sally Owen is a lawyer and was consulting Defendant on a particular case and therefore would have been a business invitee. 6. At the time and place,it had been raining and the sidewalks were wet. • 7. At that time and place, Plaintiff Sally Owen was dropping off files at Defendant's • place of business and parked her car near the front door. • 426:014 APR-27-2016 11 :48 AM PF71 K l L.' Crum[ 8. At that time and place, Plaintiff Sally Owen was exiting Defendant's place of business using the front door and stepped off the thy covered porch onto a wooden handicap accessible ramp which was wet from rain. 9. At the time of the incident,Plaintiff Sally Owen's foot slipped on the wet and slimy wooden ramp causing her to lose her balance, violently falling and fracturing her pelvis and tailbone, 10. The aibrementioned accident and resulting injuries sustained by Plaintiff Sally Owen are the direct and proximate result of the careless, reckless, and negligent conduct of Defendants Law Office of Patrick F. Lauer, Jr, I.,LC, Patrick F. Lauer, Jr. and Patrick F. Lauer,Jr.Living Trust as follows: (a) failure to properly inspect and maintain its premises; (b) failure to properly install an anti-skid material cm the wooden ramp to make it slip-resistant when wet; (c) failure to properly install an anti-skid material on the ramp which the Defendant was aware or should have been aware became slippery when wet; (d) failure to properly inspect the ramp to discuss conditions which might pose a hazard to business invitees; (e) failure to properly warn business invitees, of the possibility of slippery conditions,and the possibility of slipping and falling on the wet ramp;and (f) failure to exercise the high degree of care that a business or landowner ow es to business invitees utilizing the premises for its intended purposes. 10, As a direct and proximate result of the aforementioned fall, Plaintiff Stilly Owen:- sustained painful and severe injuries, which include but are not limited to fractures of the left sacrum and left superior pubic ramus acetabular junction, aggravation of a pre-existing Turlov cyst, as well as continuing pain and discomfort and general shock to her nervous system.. . i 426484 • APR-27-201e 11 :49 AM PATRICK LAUER r ' ° 1 It. As a result of the injuries sustained,Plaintiff Sally Owen was forced to incur liability for medical treatment, medications, hospitalizations, physical therapy, and similar miscellaneous expenses in an effort to restore herself to health,and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Sally Owen has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned accident and resulting injuries, Plaintiff Sally Owen has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned accident and resulting injuries, Plaintiff Sally Owen has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. Plaintiff Sally Owen continues to be plagued by persistent pain and limitation and, { therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime,and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Sally Owen has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor, 17. As a result of the aforesaid injuries,Plaintiff Sally Owen has sustained uncompensated work loss,and claim is made therefor. WHEREFORE, Plaintiff Sally Owen demand judgment against Defendants Law Office of Patrick F.Latter,Jr,LLC,Patrick F.Lauer,Jr. and Patrick F. Lauer,Jr. Living Trust in an amount in 426$84 • • APR-27-2010 11 :49 AM PATRICK LAUEP. .a= ' I excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in ex:4ss of any jurisdictional amount requiring compulsory arbitration. ANGINO& ROVNER,P,C. tee is • I E. Kosik, Esquire I.D.No. 36513 4503 N orth Front Street Harrisburg, PA 17110 (717) 238.6741 Date: 4/15/10 Counsel for Plaintiff • • . . {: • 426884 • +k" THOMAS,THOMAS&HAFER,LLP Brooks R.Foland,Esquire I.D.No.70102 305 North Front Street 6th Floor POB 999 Harrisburg,PA 17108-0999 (717)255-7626 (717)237-7105 fax bfoland@tthlaw.com Counsel for Defendants SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER,JR., AND PATRICK F. . LAUER, JR. LIVING TRUST, Defendants : JURY TRIAL DEMANDED 1%;-':'"A"-,Vi'±guiftttIVIESitAL INTERROGATORIES OF DEFENDANT ADDRESSED TO PLAigif F:SA fS OWEi , .. PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty(30)days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT"- writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTIFY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual,present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identify" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, 2 the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof,was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to,pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it,or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identify and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your 3 original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. 4 • INTERROGATORIES Are you claiming loss of earnings due to this accident? If so,please state the following: a. the amount of such loss; b. the nature of your employment immediately prior to the accident; c. the name and address of your employer immediately before the accident and if you are still employed by them; if not, state the date and reason why you left; d. the dates you were absence from your employment because of the injuries sustained in this accident; e. the reason for your absence from work; and, f. whether you were paid by the year, month, week, day, hour or otherwise and at what rate you were paid. ANSWER: 2. If you are making a claim for lost wages or earning capacity (past, present or future), please: a. State your gross income for the last eight(8) years; and, b. Attach copies of your Federal and State Income Tax Returns for the past five (5) years and the three (3)years prior to the date of this accident. ANSWER: 3. Identify all sources of current household income since the accident, including amounts of such income. ANSWER: 5 4. If you are not currently employed, have you sought employment from since employment from since the accident? If so, describe in detail what steps have you have taken to obtain employment. ANSWER: 5. Did you sustain any financial losses as a result of the accident other than those covered by the preceding interrogatories? If so, state: a. In detail,the nature, date and amount of such additional loss; and b. If claim is made for household help, state the name and address of each such person employed, the period of the employment, the amount actually paid to such persons, and whether you employed domestic help prior to the date of the accident. ANSWER: THOMAS,THOMAS &HAFER,LLP Dated: April 19, 2013 Broo' '.`o'and, Esquire I.D.No. 70102 Corey J. Adamson, Esquire I.D. No. 204508 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 6 CERTIFICATE OF SERVICE I, Megan L. Younkins, a paralegal of Thomas, Thomas and Hafer, LLP hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows,postage prepaid: Michael E. Kosik, Esquire Angino &Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 THOMAS,THOMAS : HAFER, LLP .44,b�r Megan g o ; Paralegal Dated: April 19, 2013 1269873.1 7 ., . / � � � / U . / . .. __ (...,__......... ( Street Address: 305 North Front Street,Harrisburg,PA 17101 r THOMAS THOMAS & HAFER Id.P ailing Address: P P.O.O Box 999,Harrisburg,PA 17108 Attorneys At Law Phone: 717.237.7100 Fax: 717.237.7105 Renee K. Coonradt, Paralegal (717)441-7063 rcoonrad t @tthlaw.corn July 15, 2013 Michael E. Kosik, Esquire Angino &Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Re: Sally Owen v. Law Office of Patrick F. Lauer,Jr., LLC, et al. TTH File No. 348-00817 Dear Attorney Kosik: On or about April 19, 2013, you were served with Supplemental Interrogatories directed to Plaintiff. Please provide Answers to the outstanding Interrogatories at your earliest convenience. Thank you. Very truly yours, Thomas,Thomas &Hafer, LLP Renee K. Coonradt, Paralegal for Brooks R. Foland, Esquire rkc: 880363.18 Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Balt more, MD Clinton, NJ www.tthlaw.com Street Address: 305 North Front Street,Harrisburg,PA 17101 r hi THOMAS THOMAS & HAFER LIP Mailing Address: P.O.Box 999,Harrisburg,PA 17108 Attorneys At Law Phone: 717.237.7100 Fax: 717.237.7105 Renee K. Coonradt, Paralegal (717)441-7063 rcoonrad t @tthlaw.corn August 9, 2013 Michael E. Kosik, Esquire Angino &Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Re: Sally Owen v. Law Office of Patrick F. Lauer,Jr., LLC, et al. TTH File No. 348-00817 Dear Attorney Kosik: In follow up to my correspondence dated July 15, 2013, please advise if you have made any progress in obtaining complete Answers to our Supplemental Interrogatories, which were served on or about April 19, 2013. Thank you. Very truly yours, Thomas, Thomas & Hafer, LLP Renee K. Coonradt, Paralegal for Brooks R. Foland, Esquire rkc: 880363.24 Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MD Ciinton. NJ www.tthlaw.com Street Address: 305 North Front Street,Harrisburg,PA 17101 rati THOMAS THOMAS & HAFER LIP Mailing Address: P.O.Box 999,Harrisburg,PA 17108 Attorneys At Law Phone: 717.237.7100 Fax: 717.237.7105 Renee K. Coonradt, Paralegal (717)441-7063 rcoonradt @tthlaw.corn August 30, 2013 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Re: Sally Owen v. Law Office of Patrick F. Lauer,Jr., LLC, et al. TTH File No. 348-00817 Dear Attorney Kosik: In follow up to my correspondence dated July 15, 2013 and August 9, 2013, please advise if you have made any progress in obtaining complete Answers to our Supplemental Interrogatories, which were served on or about April 19, 2013. Thank you. Very truly yours, Thomas, Thomas &Hafer, LLP Renee K. Coonradt, Paralegal for Brooks R. Foland, Esquire rkc: 880363.25 Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baibmore, MD Clinton, NJ www.tthlaw.com , .. . . _ � `` '' / is / .,) \` ` . • ANIGINO&ROVNER,P.C. Michael E.Kosik,Esquire . Attorney ID#36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiffs) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER, JR., LLC,PATRICK F. LAUER, : JR, AND PATRICK F. LAUER,JR. LIVING TRUST Defendant : JURY TRIAL DEMANDED PLAINTIFF'S INDEX OF SUPPLEMENTAL DOCUMENTS SUPPLIED IN RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DOCUMENT DESCRIPTION NUMBER 548-549 2008 Tax Return Date: September 6,2013 446356 Department of the Treasury—intemal Revenue Service 1273 21308 1 040 U.S. Individual Income Tax Return 1(99) IRS Use Only—Do not vain;orstapleinthlsspace. •--- For the year Jan.1-Dec.3i,-2008,or other tax year beginning —• ,2006,ending- —• ,20 OMB No.1545.0074 Label L Your first name and Initial l Last name ' Your social security number (See A SALLY A - (OWEN POaC+ed Instructions.) E If a Joint return,spouse's first name and initial i Last name Spouse's social security number Use the IRS L i label. Home address(number and street).It you have a P.O.box,see instructions. j Apt.ne. A You must enter Otherwise, E 630 E 6 ST I your SSN(s)above. please print R City,town or post office,state,and ZIP code.If you have a foreign address,see Instructions. _.�-- or type. Checking a box below will not Presidential E Erie, •PA 1 6507 change your tax or refund. Election Campaigns" Check here if you,or your spouse if filing jointly,want 63 to go to this fund(see instructions) D ; You j l Spouse 1 X Single 4 L Head of household(with qualifying person).(See instructions.)If Filing'Status 2 Married filing jointly(even If only one had income) the qualifying person is a child but not your dependent,enter Check only 3 II Married filing separately.Enter spouse's SSN above ,this child's name here. b one box. and full name here.I► 5; i Qualifying widow(er)with dependent child(see instructions) 6a LX.'Yourself.if someone can claim you as a dependent,do not check box Ga Boxes checked Exemptions b L!Spouse No No,o and 6 ] of children r ett c Dependents: (2)Dependent's •'• (3)Dependent's I(4)/ti queffjtnn on 6c who, soda!security no. relationship to you child for child lax a lived with you _ (1)First name Last name p y I treat(see tnstr.) o did not live with . - • you due to divorce if more than four .••`__ -- — I 1-71—. or separation dependents, ; r (see Instructions) 1 see instructions. I ' Dependents on ec I not entered above 1 + t Add numbers on J°�-� d Total number of exemptions claimed lines above 0- t- .! 7 Wages,salaries,tips,etc.Attach Form(s)W-2 I 7 ; 16, 549. Income Sa Taxable interest Attach Schedule 8 if required 18a Attach Form(s) b Tax-exempt interest.Do not include on line 8a I Bb I W-2 here.Also 9a Ordinary dividends.Attach Schedule B if required 19a , • attach Forms b Qualified dividends(see Instr.) 1 : r W-20 and t 4 . 1099-R if tax 10 Taxable refunds,credits,or offsets of state and local income taxes(see instructions) 110 was withheld. 11 Alimony received 111 12 Business income or(loss).Attach Schedule C or C-EZ t 12 ; -8, 875. 13 Capital gain or(loss).Attach Schedule D if required.If not required,check here !r 0 1 13 j If you did not 14 Other gains or(losses).Attach Form 4797 , 14 get a W-2, 15a IRA distributions 1,15a I ; b Taxable amount 1 15b see Instructions. f 16a Pensions and annuities 16a I t b Taxable amount 116b Enclose,but do 17 Rental real estate,royalties,partnerships,5 corporations,trusts.etc.Attach Schedule E 117 1 not attach,any 18 Farm income or(loss).Attach Schedule F 1 18 payment.Also, i please use 19 Unemployment compensation .., I 19 1 Form 1040-V. 20a Social security benefits . . . . 120a j 5, 100.; b Taxable amount t,20b I 21 Other income.List type and amount(see instr.) 121 ; 22 Add the amounts in the far right column for lines 7 through 21.This is your total income t3- ; 22 ; 7, 674 . 23 Educator expenses(see instructions) 123 i j. ..I 24 Certain business expenses of reservists,performing artists,and t fee-basis government officials.Attach Form 2106 or 2106-EZ 124 I i ) 25 Heaith savings account deduction.Attach Form 8889 1.25 I j Adjusted 26 Moving expenses.Attach Form 3903 I 26 1 1,23 5.j. ' Gross 27 One-half of self-employment tax.Attach Schedule SE 27 I l:. income 28 Self-employed SEP,SIMPLE,and qualified plans ; 28 I j 29 Self-employed health insurance deduction(see Instructions) 129 I .••: 1 30 Penalty on early withdrawal of savings • I, 30 I 1 31a Alimony paid b Recipient's SSN it. ; 31a I I 32 IRA deduction(see instructions) 32 1 • i 33 Student loan interest deduction(see instructions) j 33 I 34 Tuition and fees deduction.Attach Form 8917 ?, 34 35 Domestic production activities deduction.Attach Form 8903. . . .. 35 ; . 36 Add lines 23 through 31a and 32 through 35 ! 36 • 1,9 35. 37 Subtract line 36 from line 22.This is your adjusted gross income 1.- 37 ; 6, 439. For Disclosure,Privacy Act,and Paperwork Reduction Act Notice,see instructions. vsA FASO Form 1046(2008) 54g .' Form 1040(2000)SALLY A OWEN 200-34-7151 Paget • 38 Amount from line 37(adjusted gross income) 33 6, 439. Tax and 39a Check ri You were born before January 2,1944, El Blind. Total boxes . I Credits---- if: ri Spouse was born before January 2;1944, hi Blind. checked...v.-39a ( • b If your spouse itemizes on a sep.return or you were a dual-status alien,see Instr.&check here D 39b El I Standard c Check if standard deduction includes real estate taxes or disaster loss,(see Instr.). .it 39c I IDeduction for— 40 Itemized deductions(from Schedule A)or your standard deduction(see left margin) • 40 ; 5, 450. i—41 Subtract line 40 from line 38 41 i 989. •People who checked any 42 If line 38 is over$119,975,or you provided housing to a Midwestern displaced individual,see I box on line instructions.Otherwise, multiply$3,500 by the total number of exemptions claimed 6d { 42 3, 500. 39a,39b,or 39c or who 43 Taxable income.Subtract line 42 from Tine 41.if line 42 Is more than line 41,enter-0- ! 43 ! 0. can be 44 Tax.(see Instr.)Check if any tax is from:a( Form(s)8814 b! Form 4972 44 i 0. I claimed as 1 a dependent. i 45 Alternative minimum tax.(see instructions).Attach Form 6251 45 see mstructios.( 46 Add lines 44 and 45 • All others: I 1 i 0. 46 : - Single or I 47 Foreign tax credit.Attach Form 1116 if required , 47 j Married filing 48 Credit for child and dependent care expenses.Attach Form 2441 it 48 ;. separately, 49 Credit for the elderly or the disabled.Attach Schedule R 1 49 i ; .: $5,450 IQualifying 50 Education credits.Attach Form 8863 50 Married filing jointly or 51 Retirement savings contributions credit.Attach Form 8880 i 51 Qualifying j 52 Child tax credit(see Instructions).Attach Form 8901 if required 1 52 widow(er), ( $10,900 53 Credits from Form: a n 8395 b El 8839 c —•5695 1 63 1 • Head of j 54 Other credits from Form: a i(3800 b 08801 . $8000old, I co i 54 ••1 —! 65 Add lines 47 through 54.These are your total credits , 55 ; 0 . 56 Subtract line 55 from line 46.If line 55 is more than line 46,enter-0- t- 86 ; O . Other 57 Self-employment tax.Attach Schedule SE : 57 Taxes 58 Unreported social security and Medicare tax from Form:a t_-I 4137 b Li 8919 ( 58 59 Additional tax on IRAs,other qualified retirement plans,etc.Attach Form 5329 If required j 59 60 Additional taxes: a❑AEIC payments bC Household employment taxes.Attach Schedule H 60 61 Add lines 66 through 60.This is your total tax D ; 81 I 0. 62 Federal income tax withheld from Forms W-2 and 1099 62 ; 2,099. Payments have a L .63 2008 estimated tax payments and amount applied from 2007 return 163 if you have a 164a I 398. qualifying 64a Earned income credit(E1C) c,, child,attach E b Nontaxable combat pay election le 164b I ( •Schedule EiC.1 i „ 'i 65 Excess social security and tier 1 RRTA tax withheld(see instr.) . 65 ! j • 66 Additional child tax credit.Attach Form 8812 66 1 (I 67 Amount paid with request for extension to file(see Instr.) j 67 j 68 Credits from Form:a 2439 bL4136 cn8801 d[ 18885, 68 1 _ • 69 First-time homebuyer credit.Attach Form 5405 1 69 I —1 I . 70 Recovery rebate credit(see worksheet in the instructions) 1_72 J—,__ 71 Add lines 62 through 70.These are your total payments 6 ! 71 ! 2,497. Refund 72 If line 71 is more than line 61,subtract line 61 from line 71.This is the amount you overpaid ;• 72 2, 497 . Direct deposit? 73a Amount of line 72 you want refunded to you.If Form 8888 is attached,check here it J `73a; 2, 497. See instructions h b Routing number iP c iype: !X I Checking L-Savings arid nil in 3d le d Account number r.�(,1���i�� 1 73c,and 73d, r or Form 8888. 74 Amount of line 72 you want applied to your 2009 estimated tax to. 174 I Amount 75 Amount you owe.Subtract line 71 from line 61.For details on how to pay,see instructions D 75 ; 0 . You OWe 76 Estimated tax penalty(see instructions) L 76 1 j: .+ • . • • Third Party Do you want to allow another person to discuss this return with the iRS(see Instr.)? Ft, Yes.Complete the following. ( ( No Designee Designee's Phone Personal identification name to-Liberty Tax Service no. 1~(570) 822-4070 number(Pi i) ),..110869 Sign Under penalties of perjury,t declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and-- belief,they are true,correct,and complete.Declaration of preparer(other than taxpayer)is based on all Information of which preparer has any knowledge. Here Your signature (Date Your occupation 1 Daytime phone number Joint return? See instructions. �..l.4i0 (2/20/2009 'LAWYER 1 (717) 658-0821 Keep u copy .ou�'',e~-r re.If a joint return,both must sign. I Date Spouse's occupation for records. ! I I. Preparers (Date Check if , (Prepares SSN or PTIN Paid signature (2./2 0/2 0 0 9 i self-employed t___.I i 1 (ZQ d((.(- - d Preparer's Firm's name(or Liberty Tax service (t:IN 20-1639572 USe Only yours itseit-employed), 1325 River Rd Tuft-iex Como 1 Phone number address,and ZIP code 111 Plains, PA 18705 (570) 822-4070 vSA F'D100 Form 1 040(2008) • e".""4')' Street Address: 305 North Front Street,Harrisburg,PA 17101 Mailing Address: P.O.Box 999,Harrisburg,PA 17108 Phone: 717.237.7100 Fax: 717.23 7.7105 Renee K. Coonradt, Paralegal (717)441-7063 roonradt @tthlaw.corn September 20, 2013 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Re: Sally Owen v. Law Office of Patrick F. Lauer,Jr., LLC, et al. TTH File No. 348-00817 Dear Attorney Kosik: In follow up to my correspondence dated July 15, 2013, August 9, 2013 and August 30, 2013, we still await Answers to our Supplemental Interrogatories, which were served on or about April 19, 2013. Please be advised that if we do not receive substantive, verified Answers within ten (10) days, Attorney Foland will proceed with filing a Motion to Compel. Thank you. Very truly yours, Thomas, Thomas & Hafer, LLP Renee K. Coonradt, Paralegal for Brooks R. Foland, Esquire rkc: 880363.27 CF S IF "i OF i HE i� O THUNO TAR ?c:. 1 f�� t �i. PRAECIPE FOR LISTING CASE FOR JURY TRIAL ill13 22 A (Must be typewritten and submitted in triplicate)UUMBERLANQ COUNTY PENNSYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE )entire caption must be stated in full) (check one) ❑ Civil Action-Law ❑Appeal from arbitration SALLY OWEN (other) (Plaintiff) No. 10-2507 Civil Term vs. The trial list will be called on November 12,2013 LAW OFFICE OF PATRICK F. LAUER, and JR., LLC, ET AL. p (Defendant) Pretrials will be held on November 27, 2013 (Briefs are due 5 days before pretrials) vs. Trials commence on December 9, 2013 Indicate the attorney who will try case for the party who files this praecipe: Brooks R. Foland, Esq. Indicate trial counsel for other parties if known: Michel E. Kosik, Esq. for Plaintiff This case is ready for trial. Signed: / c Print Name: •o s R. Foland Date: (0 ' \ - Attorney for: Defendants atidt& Cle-171(129 P4-09 )n4 CERTIFICATE OF SERVICE AND NOW, this 21st day of October, 2013, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid,to the following: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Coleen M. Polek I 3 I 1 SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. : LAUER, JR. LIVING TRUST, • Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this 0?t _ day of , 2013, the Motion of Defendants to Compel Plaintiff's Answers to Supplemental Interrogatories is hereby GRANTED. It is further ORDERED that Plaintiff provide Answers to the Supplemental Interrogatories, without objection, within twenty (20) days of the date of this Order, er-bo- • - .- _ . - , • _ _ • _ .. . . : _ -- _ If ..th cz ice... . J.____71 c-) : ' __ 1 I �;C,T' -°3 k �` A . Kos-. {� A� P 1 I , I a/a /f3 l LED O i ICE_ ( Thomas,Thomas&Hafer, LLP THE �� O O l A Brooks R. Foland,Esquire A Attorney I.D.No. 70102 2313 NOV {2 Ate 9: 4 6 305 North Front Street P.O. Box 999 CUMBERLAND COUNTY Harrisburg, PA 17108-0999 PENNSYLVANIA (717)255-7626 bfoland @tthlaw.com Attorney for Defendants SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. • LAUER, JR., AND PATRICK F. • LAUER, JR. LIVING TRUST, Defendants : JURY TRIAL DEMANDED DEFENDANTS' MOTION INLIMINE TO ADMIT INTO EVIDENCE THE TESTIMONY OF DEFENDANT LAUER THAT THERE HAVE BEEN NO OTHER ACCIDENTS ON THE RAMP IN FRONT OF HIS OFFICE DURING THE COURSE OF HIS OWNERSHIP OF THE PROPERTY AND NOW, come Defendants, Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file this Motion In Limine to admit into evidence the testimony of Defendant Lauer that there have been no other accidents on the ramp in front of his office during the course of his ownership of the property, and assert the following reasons therefor: 1. This action arises out of an alleged accident which occurred on May 20, 2008 on the wooden ramp attached to a covered porch on the front entrance of Defendants' building located in Camp Hill, Pennsylvania. 2. According to Plaintiffs allegations, Defendants negligently failed to install anti- skid material on the wooden ramp which would have prevented her alleged fall and the injuries she purportedly suffered as a result. 3. This matter has been listed for the Trial Term commencing on December 9, 2013. 4. At trial, Defendants intend to prove that the wooden ramp on which Plaintiff allegedly fell was not in an unreasonably dangerous condition at the time of the purported incident. 5. In order to support the notion that the wooden ramp was not in an unreasonably dangerous condition at the time of the alleged incident, Defendants intend to offer the testimony of Defendant Patrick Lauer. 6. Defendant Patrick Lauer will testify that, in the entire time that he has owned the property at issue in this case, he is aware of no other occasion on which an individual fell on the wooden ramp leading to the front entrance to his building. 7. In Pennsylvania, "'evidence that no other accidents occurred, despite similar conditions, may be admissible to prove there was no dangerous condition." Fullam v. Miller Brothers, No. 100200987, 2013 WL 4502718 (C.C.P. Philadelphia July 27, 2013) (quoting 1 West's Pa. Prac., Evidence § 421-2 (4th ed.)); see also Orlando v. Herco, Inc., 505 A.2d 308, 310 (Pa. Super. Ct. 1986) (permitting evidence at trial that no other consumers of the same product became ill in order to establish that the product was fit for human consumption). 8. The Pennsylvania courts...permit a party to prove absence of a dangerous condition by introducing evidence that there have been few or no other accidents, provided the offering party lays an adequate foundation." 1 West's Pa. Prac., Evidence § 421-2 (4th ed.) (citing Spino v. John S. Tilley Ladder Co., 548 Pa. 286 (1997); Fisher v. Pomeroy's, Inc., 322 Pa. 389 (Pa. 1936); Nixon v. Pfahler, 279 Pa. 377 (1924); Orlando, 505 A.2d 308); see also Birt v. K-Mart, Inc., 34 Pa. D. & C. 4th 151, 154 (C.C.P. Berks 1997) ("Pennsylvania courts may permit a party to prove absence of a dangerous condition by introducing evidence that there have been few or no other accidents.") 2 9. Because Defendant Lauer intends to testify as to the absence of any other accidents on the wooden ramp outside the building based on his personal knowledge as the owner of the building, he will be able to lay a sufficient foundation such that he should be permitted to testify as to the lack of such accidents on the wooden ramp. 10. Evidence of a lack of accidents on the wooden ramp is relevant under the Rules of Civil Procedure in that it tends to make the notion that the ramp was in an unsafe condition less probable. Pa.R.Evid. 401; see also Commonwealth v. Hawk, 551 Pa. 71, 81 (1998). WHEREFORE, Defendants respectfully request that this Honorable Court GRANT their Motion In Limine and permit into evidence Defendant Lauer's testimony that no other accidents have occurred on the wooden ramp leading to the front entrance to his building during the course of his ownership of the property. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: oo-1574. Folan uire Attorney I.D. # 70102 P.O. Box 999, 305 N. Front St Date Harrisburg, PA 17108-0999 Counsel for Defendants 3 CERTIFICATE OF SERVICE AND NOW, this /' day of 12/11-1/YAcare-1Z-/ , 201I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail,postage prepaid, to the following: Michael E. Kosik, Esq. Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 COAir - Coleen M. Polek 1391544.1 f-- ILED-OFF[or- Thomas,Thomas& Hafer,LLP !t-i fi Q 11'101°0T Brooks R. Foland, Esquire 201311101/ Attorney I.D.No. 70102 12 305 North Front Street AM ' P.O. Box 999 �''I Efi'C Harrisburg, PA 17108-0999 P kNS Y(,yt NI T 4 (717)255-7626 bfoland @tthlaw.com Attorney for Defendants SALLY OWEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. • LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants : JURY TRIAL DEMANDED DEFENDANTS' MOTION INLIMINE TO EXCLUDE FROM EVIDENCE THE TESTIMONY OF ANY WITNESS THAT PLAINTIFF IS A FORMER VICTIM OF DOMESTIC VIOLENCE AND NOW, come Defendants, Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file this Motion In Limine to exclude from evidence the testimony of any witness that Plaintiff is a former victim of domestic violence, and assert the following reasons therefor: 1. This action arises out of an alleged accident which occurred on May 20, 2008 on the wooden ramp attached to a covered porch on the front entrance of Defendants' building located in Camp Hill, Pennsylvania. 2. The sole legal issue in this matter is whether Defendants acted negligently in failing to install anti-skid material on the wooden ramp to prevent individuals like Plaintiff from falling in slippery conditions. 3. This matter has been listed for the Trial Term commencing on December 9, 2013. 4. During the course of discovery, Defendants learned that Plaintiff has formerly been a victim of domestic violence. 5. Any reference to the fact that Plaintiff has been a victim of domestic violence should be inadmissible at trial insofar as the admission of such evidence would violate the Pennsylvania Rules of Evidence. 6. Evidence is relevant if it tends to make any fact of consequence in determining the action more or less probable. Pa.R.Evid. 401; see also Ball v. Bayard Pump & Tank Co., Inc., 67 A.3d 759, 768 (Pa. 2013) ("'Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."). 7. "It is well established that evidence is not relevant unless the inference sought to be raised by it bears upon a matter in issue and renders the desired inference more probable than it would be without evidence." Commonwealth v. Vallejo, 532 Pa. 558, 561 (1992) (citing Commonwealth v. Scott, 480 Pa. 50, 54 (1978)). 8. In the instant case, the only factual issues which require resolution are related to the safety of the wooden ramp attached to Defendants' building and the reasonableness of the precautions taken by Defendants to ensure the wooden ramp was not a danger when wet. 9. The fact that Plaintiff has been the victim of domestic violence is wholly unrelated to the issues which must be resolved in this matter, including the damages being proffered by Plaintiff, and the introduction of such evidence would in no way tend to make the existence of any fact of consequence more or less probable. 2 • 10. Because evidence of Plaintiff's history as a domestic violence victim does not make the existence of any fact of consequence more or less probable, such evidence should be ruled inadmissible as irrelevant pursuant to Rule 401 of the Pennsylvania Rules of Evidence. 11. Moreover, even if evidence is determined to be relevant, "such evidence may still be excluded where its probative value is outweighed by the danger of unfair prejudice."' Commonwealth v. Kouma, 53 A.3d 760. 770 (Pa. Super. Ct. 2012) (quoting Pa.R.Evid. 403). 12. "Unfair prejudice means a tendency to suggest decision on an improper basis or to diver the jury's attention away from its duty of weighing the evidence impartially." Pa.R.Evid. 403 cmt. 13. As one court has explained it, "[a]lthough relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice..." Simon v. Wyeth Pharmaceuticals, Inc., No. 4229, 2010 WL 2243660 (C.C.P. Philadelphia May 5, 2010) (citing Pa.R.Evid. 403; Jacobs v. Chatwani, 922 A.2d 950, 963 (Pa. Super. Ct. 2007)). 14. The admission of evidence involving Plaintiff's history as a victim of domestic violence would provide a jury with an improper basis upon which to determine the facts of the case insofar as the jury's judgment may be skewed by the sympathies that accompany learning that someone has been victimized in such a way. 15. Because the jury likely would not be able to weigh the evidence in an impartial manner after learning of Plaintiff's history as a victim of domestic violence, such evidence should be excluded from trial as unfairly prejudicial pursuant to Rule 403 of the Pennsylvania Rules of Evidence. C£ Rice v. Mandalakas, No. CI-99-12019, 2002 WL 34584757 n.2 (C.C.P. Lancaster Dec. 16, 2002) (noting that the court would not admit evidence that the Plaintiff's wife 3 was the victim of domestic violence unless the Plaintiff's wife made such evidence relevant by raising a claim for loss of consortium). WHEREFORE, Defendants respectfully request that this Honorable Court GRANT their Motion In Limine and exclude from evidence all testimony and references to the fact that Plaintiff was formerly a victim of domestic violence as being both irrelevant and unfairly prejudicial under the Pennsylvania Rules of Evidence. Respectfully submitted, jjAjjHO By �--_ Brooks R. Foland, Esquire Attorney I.D. # 70102 P.O. Box 999, 305 N. Front Street Date Harrisburg, PA 17108-0999 Counsel for Defendants 4 CERTIFICATE OF SERVICE 1 AND NOW, this day of , 201 3'I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Michael E. Kosik, Esq. Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Coleen M. Polek 1391544.1 f R !ty �t.7°Mtn C���``t+,.,,. /e'lib:i y L ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR.,LLC, PATRICK F. LAUER, : JR, AND PATRICK F. LAUER, JR. • LIVING TRUST, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S MOTION IN LIMINE AND NOW, comes Plaintiff Sally Owen, by and through her attorneys, Angino & Rovner, P.C., and hereby requests This Honorable Court to issue an Order excluding Defendants' liability expert from testifying for failing to prepare and provide a report in compliance with Pa.R.C.P. 4003.5, and in support thereof, Plaintiff avers as follows: 1. This case arises as a result of a slip and fall on a handicapped access ramp at the front entrance to the law office of Patrick F. Lauer, Jr. LLC located at 2108 Market Street, Camp Hill, Cumberland County, Pennsylvania on May 20, 2008. 444490 2. Plaintiff Sally Owen was working as an independent contractor for Patrick F. Lauer, Jr. and was at his office on the morning of May 20,2008. 3. A folder with some materials necessary for court that day were unable to be located, and Plaintiff Sally Owen was in the process of going out to her car to make certain that she did not have possession of the folder. 4. Plaintiff Sally Owen's car was parked in front of the building, and therefore, she exited out the front door and stepped off the dry covered porch onto a wooden handicapped access ramp which was wet with rain that had been falling. 5. Plaintiff Sally Owen's foot slipped on the wet and slimy wood causing her to lose her balance and violently fall fracturing her pelvis and tailbone. 6. Plaintiff Sally Owen instituted suit against Defendant Lauer and the various entities under which the building was owned. 7. Plaintiff's cause of action asserted that Defendants failed to properly inspect and maintain the ramp as well failed to properly warn business invitees of the dangerous condition of the ramp, especially when it was wet. 8. Plaintiff submitted a report from her liability expert which established that the ramp was not constructed in compliance with basic industry standards and building codes and was not properly maintained to provide a slip resistant surface. 9. Plaintiff's expert report referenced various building codes and industry standards for both the construction and maintenance of the ramp to provide the technical and engineering bases for Plaintiff's experts conclusions and opinions. 10. Defendants subsequently produced an expert report from Howard Medoff, PhD, P.E. which is attached hereto as Exhibit A. 540321 11. Pennsylvania Rule of Civil Procedure 4003.5 requires that a party identify each person whom the party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify as well as "state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion." Pa.R.C.P. 4003.5(a)(i)(b). (emphasis added). 12. After receiving the Defendants' expert report, Plaintiff's counsel notified defense counsel on January 10, 2013 that the Defendants' expert report did not make any reference to any standards for the performance of the slip resistance testing that the ramp provided good traction or the construction of the ramp was not substandard. See Plaintiff's counsel's letter of January 10, 2013 attached hereto as Exhibit B. 13. Although the Defendants' expert report did contain conclusions of test results, there is no indication of whether the testing machine or method is an accepted method for obtaining a slip resistance measurement. Defendants' expert took measurements of the slope of the ramp and of a "hand hold" but never compares those measurements to any industry or building code standards. There is no reference to any standards or codes which Defendants' expert maintains do apply, all of which was brought to the attention of Defendants' counsel. 14. Defendant produced a subsequent expert report from his expert which is attached hereto as Exhibit C, however, the report contains no further explanation as far as the basis for his opinions or any standards upon which he relies either in performing his slip resistance testing or in evaluating the construction and condition of the ramp involved in this case. 15. The only citation to any standard contained in Defendants' expert report is on page 1 of the report which he indicates that his review was performed in accordance with Nationally recognized scientific practice and engineering methodology, referencing ASTM E 678-07. This 540321 ASTM standard is applicable to forensic investigations and is intended to serve as a guideline for the technical expert in conducting an investigation. This standard has nothing to do with the actual facts of the case but merely the manner in which the forensic experts work is performed. 16. Page 3 of the report contains measurements of the slope of the ramp in degrees which convert to approximately the percentage of slope measured by Plaintiff's expert. However, there are no references to any standards by which it can be determined whether, in fact, the slope does or does not comply with any industry standards or building codes for an acceptable slope for an access ramp. 17. On page 4 of the report, Defendants' expert claims to have performed slip resistance testing using a Slip-test Mark II tribometer. 18. It is assumed that this is referring to what is known as a Brungraber Mark II a/k/a portable inclinable articulated strut tribometer or (PIAST). Again, no references were made to any testing standard. In actuality, the ASTM standard known as ASTM F 1677-05 which applies to the PIAST had been withdrawn by ASTM. (ASTM formerly known as the American Society for Testing and Materials now known as ASTM International) See statement contained on the ASTM website concerning this standard test attached hereto as Exhibit D and Wikipedia reference for a general reference attached hereto as Exhibit E. 19. Although Plaintiff Sally Owen was walking down the ramp when her fall occurred, no testing was performed by the defense expert in the direction in which Plaintiff fell, however, testing was performed going up the ramp and toward either side of the ramp. 20. Plaintiff Sally Owen maintains that Defendants' expert report does not comply with the requirements of Pennsylvania Rule of Civil Procedure 4003.5 since it does not disclose the testing methods or standards utilized by the expert. It does not disclose the industry standards or 540321 codes by which the conclusions are based, and therefore, the report should be stricken and Defendants' expert should not be permitted to testify. WHEREFORE, Plaintiff Sally Owen respectfully request This Honorable Court to preclude Defendants' expert, Howard Medoff, Ph.D. from testifying and rendering any conclusion or opinion in this case. A 1 • / • , P.C. ichael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff 540321 EXHIBIT A • NATIONAL FORENSIC CONSULTANTS, INC TM I- November 6, 2012 CORPORATE OFFICE 8500 REMINGTON AVENUE Anthony T. Lucido,Esquire SUITE D PENNSAUKEN,NJ 08110 Thomas, Thomas &Hafer,LLP PHONE:(856)662-6500 305 North Front Street FAX:(856)662-6590 Harrisburg, PA 17101 NFC OF NORTH CAROLINA,INC.TM Subject: Sally Owen v. Patrick Lauer NFC OF CENTRAL FLORIDA,INC.'"" D/O/L: 05/20/2008 Your File: 34800817 NATIONAL PHONE NUMBER NFC File: PA-24385-LBI 800-738-7620 NATIONAL FAX NUMBER Dear Mr.Lucido: 800-391-6275 As you requested, I have conducted an engineering investigation and INTERNET ADDRESS biomechanical engineering analysis of the alleged loss of balance and fall www.nfcexperts.com g g y g occurring to Ms. Sally Owen as she was leaving the law offices of Patrick Lauer and walking down the top of the wooden ramp at 2108 Market Street, Camp SERVICES PROVIDED Hill, PA, on May 20, 2008. You have specifically asked me to determine if the Accident Reconstruction configuration of the subject ramp was improper and was the cause of Ms. Blasting&Vibration Construction Defect Owen's loss of balance and fall, considering all significant data and information Economic Loss reviewed to date and in accordance with nationally recognized p Environmental y gnized scientific practice Evidence Management&Storage and engineering methodology (e.g., ASTM E678-07). I have prepared this Fire Origin&Cause Geotechnical correspondence as my initial biomechanical engineering report, setting forth a Litigation Support Product&General Liability summary of the results of my engineering reconstruction and biomechanical Property engineering evaluation of this incident at this date. And many more services." Please accept this correspondence as my report, setting forth the results of my engineering analysis and biomechanical engineering investigation which has Over 400 Consultants available Nationwide for all of your included consideration of: Forensic needs • Inspection of the accident area(October 13, 2008); • Recorded statement of Sally Owen(July 15, 2008); • Recorded statement of David Ratliff(June 30, 2008); Anthony T. Lucido, Esquire November 6, 2012 Thomas, Thomas & Hafer, LLP NFC File:PA-24385-LBI Page 2 • Deposition transcript of Patrick F. Lauer, Jr. (May 6, 2011), Sally Ann Owen(May 6, 2011); • Photographs of Ms. Owen's shoes; • Report prepared by James C. Druecker,PE (January 17, 2012) and • Related file material. According to the report prepared by James C. Druecker, the ramp violated the 1996 BOCA Code, the ANSI (A117.1-1992) for Building Accessibility, the ASTM standard for safe walking surface, the Property Maintenance Code and the 2006 IBC(Pennsylvania Uniform Construction Code). Mr. Druecker also opined that the slope of the ramp exceeded the maximum permitted by the Codes and Standards, the stairway lacked a required handrail and the stairway surface lacks a non-slip or slip- resistant treatment, creating a dangerous condition. Mr. David Ratliff stated (June 30, 2008) he has been a mail carrier, U.S. Postal Service Camp Hill, PA, for approximately 24 years. The subject address (2108 Market Street, Camp Hill, PA) has been on his route for 101/2 years. In that time,the mail was not delivered(due to inclement weather)maybe twice. He brings the mail up the gradual incline of the handicap ramp in front of 2108 and then takes it to the door. He is sorting mail as he is walking. He is carrying a mail sack on his back with mail in it. His shoes are postal-approved, that are slip-free with a rubber sole. In the past 101/2 years he has never had any problems walking up or down the ramp. It is very gradual, with a slight incline. He has used the ramp when it was raining;the ramp being wet never caused a problem for him. Ms. Sally Ann Owen, during deposition testimony, stated at the time of the subject incident she was doing contract work for Mr. Lauer(N.T.pg. 11). The subject incident occurred on a Tuesday. On the morning of May 20, 2008, she was working on files (for a courtroom case for Mr. Lauer). There was some question about a missing file (for this court case) that Ms. Owen reportedly had, and Ms. Owen left Mr. Lauer's office to check if this file was in her car(N.T.pg. 28). She went out the front door and it was raining. She started down the ramp, her feet went out from under her, she landed sitting down and was in extreme pain(N.T.pg. 28). On the day of the subject incident, she arrived at Mr. Lauer's office between 6:30 and 7:00 o'clock in the morning(N.T. pg. 29). She went up the same ramp (that morning) and had no problems (N.T. pg. 30). She has no memory of any issues with that ramp before the subject incident (N.T. pg. 31). When • Anthony T. Lucido, Esquire November 6, 2012 Thomas,Thomas &Hafer,LLP NFC File:PA-24385-LBI Page 3 she walked out of Mr. Lauer's office to retrieve the file (if it was in her car) she may have been walking a little faster than normal. She took a step starting to go down the ramp and that is when her legs went out from under her. She was in the middle of the ramp but towards the left, since she was making a left turn, closest to the porch area, as compared to the street. It Was raining. She did not use the porch railing to balance herself(N.T. pg. 36). She was wearing white sandals, with a slight heel with tread on the bottom(N.T. pg. 37). Ms. Owen's feet went out from under her because the ramp was slippery, and she landed sitting down. If she had held onto some type of guardrail or handrail, she thinks her feet still would have slipped but she does not know if she would have gone down so hard (N.T. pg. 38). Ms. Owen stated she could have reached the railing (N.T.pg. 41). • No one saw Ms. Owen fall (N.T. pg. 46). In 1994, Ms. Owen had a slip and fall accident; she fell forward, hit her shoulder,head and knee (N.T. pg. 64). As a result of the subject incident, she has had pain in her hip, butt and lower back (N.T. pg. 73). Prior to the subject incident, she did not have problems with her Ieft hip or low back(N.T.pg. 97). Patrick Lauer, during deposition testimony, stated he purchased the building (2108 Market Street, Camp Hill, PA) in 1989/1990 (N.T. pg. 8). The porch/ramp was put in about fifteen years ago (N.T. pg. 9/10). It was Mr. Lauer's understanding that the borough did not require a building permit (for the porch/ramp) (N.T. pg. 11). The contactor determined how the ramp was to be constructed (N.T. pg. 14). At the time of the subject incident, Ms. Owen "was in a hurry" (in going down the ramp, immediately prior to her fall) (N.T. pg. 21). Anytime it rained/snowed, he never had a problem with the subject ramp. Thousands and thousands of people, some with disabilities, walked up (and down) the ramp with no problems (N.T. Pg. 32). On June 13, 2008, I inspected the subject ramp. The slope of the ramp varied: 5.5 degrees at the top, 6.2 degrees two feet down from the top and 5.4 degrees further down along the ramp. The ramp was 166 inches Iong and 59.5 inches wide. The ramp was constructed of nominal 1 x 6 boards (perpendicular to the walking direction). On the left side (as you descend) there was a sloped handrail (parallel to the ramp slope). The height of the lower part of this handrail was 34.5 inches from the ramp's surface and the handrail was 1.5 inches thick. On the right side of the handrail (as you descend) was another handrail (horizontal). This handrail was 35.25 inches up from the beginning of the ramp and 51 inches up from the bottom of the ramp. Anthony T. Lucido,Esquire November 6, 2012 Thomas,Thomas &Hafer,LLP NFC File:PA-24385-LBI Page 4 Slip-resistance testing (using a Slip-test Mark II tribometer) was performed, both wet and dry on the ramp surface, in the area where Ms. Owen reportedly slipped and fell. A grooved neolite test foot was used. The results show that the (average) slip resistance (in three directions) was: Dry Test Results Direction One(up the ramp) 0 63 Direction Two (towards porch) 0 51 Direction Three(away from porch) .0.53 Wet Test Results Direction One(up the ramp) 0 55 Direction Two (towards porch) 0 47 Direction Three(away from porch) .0.51 These test results indicate that the ramp (both wet and dry) provides sufficient traction for a pedestrian using the ramp. In particular,my engineering analysis and biomechanical engineering investigation has determined that: 1. My slip-resistance testing confirmed that the ramp provided good traction, both under dry and wet conditions. 2. Between the date of accident and testing, there was no change in either the construction or surface characteristic of the wooden walkway ramp. 3. This (good traction) is also consistent with the use history of this ramp over the years. 4. This is also consistent with the recorded interview of mail carrier David Ratliff. 5. It is significant that Mr. Ratliffs actions (carrying a bag and sorting mail) would increase the likelihood of slipping if this ramp was sub-standard and dangerous as theorized by Mr. Druecker. Anthony T. Lucido, Esquire November 6, 2012 Thomas, Thomas &Hafer,LLP NFC File:PA-24385-LBI Page 5 6. There is no indication in Mr. Dreucker's report that he performed any scientific analysis of the traction characteristic of the subject ramp. 7. Mr. Lauer, during deposition testimony, confirmed that over many years and thousands of pedestrians walking up and down the subject ramp, this is the only slip/fall incident of which he is aware. 8. The ramp surface itself(as confirmed by testing and use history) is"non-slip." 9. On the day of the subject incident, Ms. Owen used the subject ramp, uneventfully, before her loss of balance and fall. 10. Immediately prior to Ms. Owen's loss of balance and fall, she was walking a little bit faster than normal(Owen N.T.pg. 35). 11. There was an available handrail (on the right side as you descend) for the entire length of the ramp. 12. There was an available "handhold"on the side of the ramp where Ms. Owen lost her balance. 13. I do agree with Mr. Druecker that the likelihood of Ms. Owen's fall would have been greatly reduced had she used the available handrail. 14. The ASTM standard (F1637-02) referenced by Mr. Druecker has not been incorporated in any of the building codes (BOCA/ICC)referenced by Mr. Druecker. 15. The static coefficient values referenced by Mr. Druecker (0.6, 0.8) are not referenced in any of the building codes(BOCA/ICC)referenced by Mr. Druecker. 16. The ADA (Accessibility Guidelines) is not part of the Pennsylvania statewide building code requirements. 17. The subject ramp was being maintained in an accessible condition for this existing structure and did not present any defects in maintenance which scientifically can be causally(more likely than not)related to this incident. Anthony T. Lucido, Esquire November 6, 2012 Thomas, Thomas &Hafer,LLP NFC File:PA-24385-LBI Page 6 18. The walking surface of this means-of-egress ramp did present a slip-resistant surface which was securely attached in accordance with past and present Pennsylvania Uniform Construction Code requirements. 19. At the time of this incident, the subject ramp was not in violation of the ICC (International Property Maintenance Code 2006) as alleged by Mr. Druecker as this ramp was being maintained in a clean, safe and sanitary condition and in a proper state of repair, free from any theorized hazardous condition. Conclusion In summary, it is my professional engineering and biomechanical engineering opinion at this date with reasonable scientific and biomechanical engineering certainty, following the guidelines of nationally recognized ASTM International interdisciplinary scientific practice and engineering methodology, that it is reasonable to conclude that the Ioss of balance and fall occurring to Ms. Owen was the result of her own actions and conduct. It is also my professional engineering and biomechanical engineering opinion at this date with reasonable scientific and biomechanical engineering certainty, following the guidelines of nationally recognized ASTM International interdisciplinary scientific practice and engineering methodology, that the ramp provided adequate traction for a pedestrian exercising normal caution and care while walking. Further, it is my professional engineering and biomechanical engineering opinion at this date with reasonable scientific and biomechanical engineering certainty, following the guidelines of nationally recognized ASTM International interdisciplinary scientific practice and engineering methodology, that the subject ramp did provide a non-slip/slip-resistant walking surface in accordance with past and current Pennsylvania Uniform Construction Code requirements. I reserve the right to supplement or amend these findings and/or opinions should new information become available. 4 Anthony T. Lucido,Esquire November 6,2012 Thomas, Thomas &Hafer,LLP NFC File:PA-24385-LBI Page 7 If you have any questions or comments,please call me at 856-662-6500. Very truly yours, /if,a pio rd e e vg Howard Medoff, PhD,PE Senior Consultant /meg • EXHIBIT B angino-rovner 4503 NORTH FRONT STREET RICHARD C.ANGINO NEIL J.ROVNER HARRISBURG,PA 17110-1799 DAVID L.LUTZ MICHAEL E.KOSIK PHONE:(717)238-6791 RICHARD A.SADLOCK LISA M.BENZIE FAX:(717)238-5610 DARYL E.CHRISTOPHER KRISTEN N.SINISI www.angino-rovner.com E-mail: mkosik @angino-rovner.com January 10, 2013 Anthony T. Lucido, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 RE: Owen v. Law Office of Patrick F. Lauer, Jr., LLC, et. al. Dear Tony: I reviewed your expert's report, and although he certainly points out that the standards referenced by James Druecker do not apply or were not violated, other than the reference to ASTME 678-07 on the first page of his report, he does not reference any standards for the performance of the slip testing or the construction of the ramp which he maintains does comply. He references them in his conclusion but make no specific reference to which standards he is referring to. I would appreciate if you could obtain clarification concerning this. Thank you for your attention to these issues. Very truly yours, ode<411,11F wael E. Kosik MEK/mmm 516151 EXHIBIT C NATIONAL FORENSIC CONSULTANTS, INC.TM July 19, 2013 • CORPORATE OFFICE 8500 REMINGTON AVENUE Brooks R. Foland,Esquire SUITE D PENNSAUKEN,NJ 08110 Thomas,Thomas & Hafer,LLP PHONE:(856)662-6500 305 North Front Street FAX:(856)662-6590 Harrisburg,PA 17108 NFC OF NORTH CAROLINA,INC.TM Subject: Sally Owen v. Patrick Lauer NFC OF CENTRAL FLORIDA,INC.7M D/O/L: 05/20/2008 Your File: 34800817 NATIONAL PHONE NUMBER NFC File: PA-24385-LBI 800-738-7620 NATIONAL FAX NUMBER 800-391-6275 Dear Mr. Foland: INTERNET ADDRESS I am submitting this correspondence as a supplement to my initial www"nfcexperts.com biomechanical engineering report of November 6, 2012. With respect to my inspection of the accident site, my records reflect that the inspection occurred on October 13, 2008. The ramp was reportedly built in 1992. Informal discussion SERVICES PROVIDED with Camp Hill Borough Code Officer revealed that the ramp (as built), before Accident Reconstruction Blasting&Vibration Camp Hill Borough adopted the PA UCC (2004), at the present time is not in Construction Defect Economic Loss violation of any applicable building codes and is "grandfathered in." The Environmental measured slip resistance of the ramp surface (both wet and dry) met all Evidence Management&Storage l� p Fire Origin&Cause applicable slip resistance standards. Geofechnical p Litigation Support Product&General Liability Property A handrail was present (for the entire length of the ramp) on the right side (as "And many more services." you descend). On the left side (as you descend), an available handhold was present for the section of the ramp that Ms. Owen was descending before her loss of balance and fall. Over 400 Consultants available Nationwide for all of your Forensic needs In summary, it continues to be my biomechanical engineering and human factors opinion at this date with reasonable scientific and engineering certainty, following the guidelines of nationally recognized ASTM International current interdisciplinary scientific practice and engineering methodology, that it is v- _a1i J.s3,,.:5'. _ •h.:.m. ,+�. :. ,.. ... _ .m .. _..,_.,.e.-...a,..s.....,,.m.......�. ..e.,e_.m> Brooks R. Foland, Esquire July 19, 2013 Thomas, Thomas &Hafer,LLP NFC File: PA-24385-LBI Page 2 reasonable to conclude that the loss of balance and fall occurring to Ms. Owen was the result of her own actions and conduct. It also continues to be my professional engineering and biomechanical engineering opinion at this date with reasonable scientific and biomechanical engineering probability, following the guidelines of nationally recognized ASTM International interdisciplinary scientific practice and engineering methodology, that the ramp provided adequate traction for a pedestrian exercising normal caution and care while walking. I reserve the right to supplement or amend these findings and/or opinions should new information become available. If you have any questions or comments,please call me at 856-662-6500. Very truly yours, 7,6Lsortexevg Howard Medoff,PhD,PE Senior Consultant /meg EXHIBIT D ASTM F1677-05 Recommended Withdrawn Standard: ASTM F1677-05 Standard Test Method for Using Standards Tracker a Portable Inclineable Articulated Strut Slip Tester (PIAST) (Withdrawn Standards 2006) Subscriptions Developed by Subcommittee:F13.10 WITHDRAWN,NO REPLACEMENT BUY STANDARD(PDF) more info 4 pages $44.40 ASTM License Agreement Withdrawn Rationale: This test method covers the operational procedures for using a portable inclinable articulated strut slip tester(PIAST)for determining the slip resistance of footwear sole,heel,or related materials(test feet)against planar walkway surfaces or walkway surrogates(test surfaces)in either the laboratory or the field under dry,wet,or contaminated conditions. Formerly under the jurisdiction of Committee F13 on Pedestrian/Walkway Safety and Footwear,this test method was withdrawn as an active ASTM standard by action of the Committee of Standards (COS)on September 30,2006 for failure to include an approved precision statement(violating Section A21 of the Form and Style for ASTM Standards),and for including reference to proprietary apparatus where alternatives exist(violating Section 15 of the Regulations Governing ASTM Technical Committees). 1.Scope 1.1 This test method covers the operational procedures for using a portable inclinable articulated strut slip tester(PIAST)for determining the slip resistance of footwear sole,heel,or related materials (test feet)against planar walkway surfaces or walkway surrogates(test surfaces)in either the laboratory or the field under dry,wet,or contaminated conditions. 1.2 The values stated in inch-pound units are to be regarded as the standard.The values given in parentheses are for information only. 1.3 This standard does not purport to address all of the safety concerns,if any,associated with its use.It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. Keywords DOI:10.1520/F1677-05 ASTM International is a member of CrossRef. CITING ASTM STANDARDS BACK TO TOP EXHIBIT E Floor Slip Resistance Testing - Wikipedia, the free encyclopedia Page 1 of 6 Floor Slip Resistance Testing From Wikipedia,the free encyclopedia Floor slip resistance testing is the science of measuring the coefficient of friction(or resistance to slip accidents) of flooring surfaces, either in a laboratory (before or after installation) or on floors in situ. Slip resistance testing (or floor friction testing) is usually desired by the building's owner or manager when there has been a report of a slip and fall accident, whf-r_there has been a report of a near accident, or(preferably) before the flooring is installed on the property. Flooring is tested using a tribometer (floor slip resistance tester)to discover if there is a high propensity for slip and fall accidents on it, either dry or(most often) when wet with water or lubricated with other contaminants such as kitchen grease, hydraulic oil, etc. There have been numerous floor slip resistance testing tribometers and lab devices produced around the world to measure both the static (stationary) and dynamic (in motion) coefficient of friction, but presently there are only a few that are reliable for obtaining useful safety results and that have current official test methods. To assess a floor's slip resistance, we first need a reliable,thoroughly researched(in interlaboratory studies) floor friction test method, and then we will want a minimum safety criterion(0.43, 0.60, 36, etc.)to apply to the results. If the floor is likely to be lubricated with water or grease in use, it needs to be anti-slip under these expected conditions. Floor slip resistance testing can be carried out dry,wet with water, or lubricated with oils and other contaminants. Dry slip resistance is not an indicator of wet slip resistance—in fact the two often vary inversely—so reliable wet slip resistance testing is often needed as well as reliable dry testing. Contents • 1 Test Methods and Safety Criteria • 1.1 The Pendulum Slip Resistance Tester • 1.2 Tortus Digital Tribometer • 1.3 BOT-3000 Slip Tester • 1.4 Variable-Angle Ramp • 1.5 SlipAlert Slip Tester • 2 Withdrawn Standards and Unreliable Test Methods • 2.1 ASTM C1028-07 - Static Coefficient of Friction Testing • 2.2 English XL (VIT) and Brungraber Mark II (PIAST) • 3 References • 4 External links Test Methods and Safety Criteria The Pendulum Slip Resistance Tester The ASTM E303-93[11 (United States) and BS EN 13036-4:2011[21 (United Kingdom) slip resistance test standards define the pendulum tester that is now a national standard for pedestrian slip resistance in 49 nationsl21 on five continents and has been endorsed by Ceramic Tile Institute of America since 2001.r31141 http://en.wikipedia.org/wiki/Floor_Slip_Resistance_Testing 1/8/2013 Floor Slip Resistance Testing - Wikipedia,the free encyclopedia Page 2 of 6 It is the most widely used pedestrian slip resistance test method worldwide. The pendulum uses a standardized piece of rubber which is set up to travel across the flooring sample for 124- 126mm, mounted onto a pendulum device. When the arm of the pendulum is set up to miss the flooring completely,the arm swings up to parallel from where it started, and the pointer (brought along by the arm holding the rubber slider)reads zero. Slippery flooring produces readings close to zero, and anti-slip flooring impedes the motion of the pendulum arm, giving results further from zero -- high numbers (such as those 36 and above) indicates an anti-slip flooring. . The United Kingdom has since 1971 had well-established slip Pendulum floor slip resistance tester resistance standards based on the pendulum. This test was developed for pedestrian traction by the U.S.National Bureau of Standards in the 1940s and further refined in the UK.E51 It was validated for pedestrian traction in 1971, together with its safety standards, in the UK over a period of 25 years by 3500 real-world public walking area tests and site accident records. [61[7J The test is an ASTM standard (E 303), slightly modified for pedestrian traction. The usual safety standard for a level floor is a minimum Pendulum Test Value (PTV) of 36. The pendulum is also the instrument used in the Sustainable Slip Resistance test method, which measures the possible impact of years of use on a potential flooring's slip resistance. The pendulum is also used in the U.S. and elsewhere for determining the slipperiness of roads and airport runways. Standards Australia HB 197:1999[81 gives detailed recommendations of minimum wet Pendulum Test Values for many different situations: e.g. external ramps, 54; external walkways and pedestrian crossings, 45; shopping center food courts, 35; and elevator lobbies above external entry level may be 25 or less. There are also barefoot area recommendations based on pendulum tests with a soft rubber slider. The Australian recommendations are presently the world's most detailed standards for pedestrian wet slip resistance. Tortus Digital Tribometer The Tortus digital tribometer slip resistance test method is based __ on a proprietary or patented device,which makes it ineligible to ' ,, ` become an ASTM standard. It is produced in the U.K., and is in a category of slip resistance tester devices known as "drag-sled meters",which means that it travels across flooring under its own �. . power at a constant speed with a piece of standardized rubber dragging on the flooring. The amount of friction created by this piece of rubber as it is dragged across the flooring (dry or wet) is 4 recorded and calculated by the machine as it travels a __• predetermined path length. An average number of dynamic Tortus floor slip resistance tester coefficient of friction(DCOF) is calculated by the machine after its run across the flooring has been completed. This is recorded as the "DCOF", or the amount of friction necessary to drag (dynamic meaning "in motion")the http://en.wikipedia.org/wiki/Floor_Slip_Resistance_Testing 1/8/2013 F1por Slip Resistance Testing - Wikipedia, the free encyclopedia Page 3 of 6 standardized rubber across the flooring. High numbers (e.g. above 0.50) indicate that it is difficult for the machine to drag the rubber across the flooring because it is anti-slip, and low numbers (e.g. below 0.50)means that the rubber easily slides across the flooring and is therefore slippery. The Tortus has been endorsed as a secondary standard by Ceramic Tile Institute of America(CTIOA) since 2001, with the pendulum being the primary standard. The advantage of the Tortus, compared to the pendulum, is that it can perform many slip tests in a short period of time, dry and wet, using both hard and soft rubbers. It is also difficult for the operator to influence the Jesuits of the test(unlike some tribometers) since an electronic button is pushed and then the test is run without any further help from the operator. This makes it credible forensic science device. CTIOA has endorsed a minimum dynamic coefficient of friction for level floors of 0.50 using the Tortus slip resistance test method.l91 BOT-3000 Slip Tester America's ANSI B101.3 test standard is essentially for use of the BOT-3000 digital tribometer, which measures dynamic friction at a lower speed than the pendulum. The BOT-3000 is also a < _'`� drag-sled meter, which means that it crawls along the floor under its own power at a constant speed measuring the resistance to ,� slip of a standardized piece of rubber loaded into the bottom of the machine. The ANSI dynamic method is sometimes used, ,.. without water,to assess dry friction. The BOT-3000 performs a BOT-3000 floor slip resistance tester test without human input except for the pressing of a button, making it more difficult for the operator to manipulate the results of the test. This makes the instrument credible in a court of law, as well as many other features that help in validating a test, such as the date of last calibration by the manufacturer, date and time of last verification by the user, and the date and time of the test run as well as the slider material used(e.g. SBR (hard)rubber, TRL (soft) rubber, leather, etc.). The safety standards ANSI specifies for a level floor using the B101.3 dynamic test method is a"high slip resistance"minimum dynamic coefficient of friction (DCOF) of 0.43 and a"low slip resistance" minimum DCOF of 0.30.1101 The standard also specifies a minimum DCOF of 0.45 for ramps. With an official test method and a safety criterion,this test is very useful in determining the anti-slip properties of flooring, helping building owners and managers to avoid future slip and fall accidents (by taking remedial steps to remedy slippery flooring), or help avoid losing a lawsuit based on a fraudulent accident. Variable-Angle Ramp The Variable-Angle Ramp is a German-developed method for obtaining pedestrian slip resistance values. Flooring samples are mounted horizontally on the ramp tester and an operator clad in safety boots or bare feet performs a standardized walk up and down the sample while wearing a harness to stop the operator from being injured. The sample is slowly inclined until the operator slips on the surface. The angle at which the subject slips is then recorded. Two operators repeat this test three times and then an average is calculated.[1t}The repeatability of this test method was extensively documented.[1 21 Tests can be performed dry, wet with soapy water,wet with oil, etc. http://en.wikipedia.org/wiki/Floor_Slip_Resistance_Testing 1/8/2013 Floor Slip Resistance Testing - Wikipedia, the free encyclopedia Page 4 of 6 Over 150 safety criteria have been adopted in Germany and Australia for specific situations— swimming pool decks, commercial kitchens, restrooms, etc. based on the variable-angle ramp, but the ramp itself is not readily portable, so this instrument is only for lab testing and is therefore quite limited in its utility.r31[131 In other words,you can't test your specific floor tiles using this method without ripping part of your floor up and putting it into the ramp tester. However, since it is measuring real human ambulation, it is considered by many to be the most realistic test method in existence, and the results of pendulum and drag-sled meter tests are sometimes compared with results from variable-angle ramp tests to see if the results have a strong correlation. A good correlation with ramp test results can help a slip resistance test device become more widely used and accepted. SlipAlert Slip Tester SlipAlert is a matchbox car-like tribometer that is designed to mimic the readings of the pendulum. Manufactured in the United Kingdom, it is used for field testing, but is of limited use in a laboratory setting because it requires a long path length of = 3, flooring to conduct tests.[141 As it is a proprietary device, it does -_ < not have an official national standard test method. The SlipAlert "car" has a rubber slider on its bottom,which r '' slides across the flooring after running down a fixed ramp. If the The SlipAlert Slip Tester about to SlipAlert stops short, then the flooring is slip resistant, but if it make a run slides a long distance then the floor is considered slippery. There is a digital readout on the device that records the maximum distance the SlipAlert has traveled across the flooring, and a safety criterion graph which interprets the results. Tests can be done dry and wet, and extensive research by U.K. and Australian government agencies have resulted several endorsements of this test device for in situ testing. Withdrawn Standards and Unreliable Test Methods ASTM C1028-07 - Static Coefficient of Friction Testing Safety criteria based solely on static coefficient of friction(SCOF), often used in the U.S. for assessing safety, are too often misleading where flooring gets wet or otherwise lubricated in use. In the USA, architects and designers generally look for a wet static coefficient of friction of 0.60 or higher by ASTM method C 1028 to assess potential safety for wet areas of level floors. This can give deceptive results, applying "safe" ratings to some flooring samples that are in fact very slippery when wet.1151 The method is now acknowledged by ASTM,[161 Ceramic Tile Institute of America,[171 and Tile Council of North Americar181 to be inadequate for assessing slip safety. See "external links" at the bottom of this page for more information on the inadequacies of the C1028 test. Suffering from stiction and the fact that the measurement taken is a measure of how slippery a surface is when someone is standing still on it(which is irrelevant to the measuring of the slip resistance to a person walking over the surface - where almost every accident occurs), methods such as C1028-07, [191 the James Machine, and the ASM 725/825A have very limited use in assessing floor friction and http://en.wildpedia.org/wiki/Floor_Slip Resistance_Testing 1/8/2013 Floor Slip Resistance Testing - Wikipedia, the free encyclopedia Page 5 of 6 should not be solely relied upon.131 These static test methods can be used to monitor changes in slip potential over time,but are not reliable tests for determining slip resistance of flooring. For example, static tests can be conducted before and after a fresh coat of wax is applied to a floor to make sure the SCOF has not changed dramatically with the new wax, or readings can be taken at various times during a business day to make sure that dirt and dust is not making the flooring slip situation worse throughout the day. In these situations we are monitoring changes in SCOF, which can be useful. However, SCOF tests should never be used to determine if a floor is slippery when wet. The U.S. Occupational Safety and Health Administration(OSHA)has recommended an SCOF of 0.50 for workplace environments, but often flooring having a rating of 0.60 or greater(supposedly even more slip resistant than 0.50 flooring) is proven by reliable test devices (and multiple slip and fall accident victims)to be very,very slippery when wet using this test method. This ASTM test standard will soon expire, and there are no plans to renew it as it has caused more confusion than anything else. English XL (VIT) and Brungraber Mark II (PIAST) The former ASTM F1677 was the test method for the Brungraber Mark II (also known as Portable Inclinable Articulated Strut Tribometer or PIAST) device, and the former ASTM F1679 test method was written for the English XL Variable Incidence Tribometer(VIT). ASTM withdrew these standards in 2006, with no replacement. (They are still available for purchase from ASTM as a withdrawn or "historical" standard.) The reasons for withdrawal included poor precision in interlaboratory studies. This made it impossible to submit a reasonable precision statement as required by ASTM.12o1[211 Basically, different test labs got wildly different answers on identical tiles in interlaboratory studies, meaning these test methods (or devices)were unreliable. The English XL is still used widely in the U.S., sometimes by unscrupulous expert witnesses who have discovered that the result of the test can be greatly influenced by how hard the actuating button is pressed by the user. References 1. A American Society for Testing and Materials, "ASTM E303-93(2008),"ASTM 2008, West Conshohocken, PA,USA 2. A a b British Standards Institution, "Road and airfield surface characteristics. Test methods.Method for measurement of slip/skid resistance of a surface.The pendulum test,"BSI 2011,London,England 3. A a b`Sotter, G., STOP Slip and Fall Accidents!,2000,204 pp., amazon.com 4. A CTIOA(a), Ceramic Tile Institute of America,"Floor Safety Reports:No. 3,Endorsement of Improved Test Methods and Slip Prevention Standards for New Flooring,"ibid., 2001 5. A Giles, C., Saby,B, and Cardew,K.,"Development and Performance of the Portable Skid-Resistance Tester,"26 pp.,Department of Scientific and Industrial Research Road Research Laboratory Technical Paper No. 66,Her Majesty's Stationery Office, 1964,United Kingdom 6. A Greater London Council, GLC Bulletin No.43,March 1971,London,United Kingdom,available in pdf form at SafetyDirectAmerica.com, "Testing and Instruments—Pendulum" 7. A Greater London Council,GLC Bulletin 145,February 1985, ibid 8. A Standards Australia,"HB 197:1999," Standards Australia 1999,Australia 9. A CTIOA(a), Ceramic Tile Institute of America, "Floor Safety Reports:No. 1,Portable Methods,"ctioa.org, 2001 10. A ANSI,B101.3 -Test Method for Measuring Wet DCOF of Common Hard-Surface Floor Materials, 2012, http://www.nfsi.org/ansi_b101_3.php 11. A Health and Safety Executive,"The 3 ramp tests outlined in British and European standards,"HSE 2009, England http://en.wikipedia.org/wiki/Floor_Slip_Resistance_Testing 1/8/2013 Floor Slip Resistance Testing - Wikipedia,the free encyclopedia Page 6 of 6 12. A Jung, K. and Schenk,H.,"Objectification and Accuracy of the Walking Method for Determining the Anti- Slip Properties of Floor Surfaces," (in German)Zentralblatt for Industrial Medicine,Accident Prevention and Ergonomics, 39,No. 8, 1988,pp 221-228,Germany 13. A CTIOA(b),Ceramic Tile Institute of America, "Floor Safety Reports: No. 3,Endorsement of Improved Test Methods and Slip Prevention Standards for New Flooring,"ibid., 2001 14. A SlipAlert,"SlipAlert.com,"2011,http://www.slipalert.com/Home/about-slipalert.htm 15. A Powers, C.,et al., "Assessment of Walkway Tribometer Readings in Evaluating Slip Resistance: A Gait- Based Approach,"J Forensic Sci,March 2007, 52,No. 2,pp.400-405 16. A ASTM,American Society for Testing and Materials subcommittee 21.06,meeting minutes,May 3, 2005, Orlando,Florida USA,26 pp. 17. A CTIOA(b),Ceramic Tile Institute of America,"Floor Safety Reports:No. 1,Portable Methods,"ctioa.org, 2001 18. A Astrachan,E.,"Installer Update: Updates to an American Method for Measuring Coefficient of Friction." TileDealer,November/December 2007 19. A Sotter, G.,"C1028.info,"2011,http://www.C1028.info 20. A American Society for Testing and Materials, "ASTM F1677-05 Standard Test Method,"Withdrawn 2006, http://www.astm.org/Standards/F1677.htm 21. A American Society for Testing and Materials, "ASTM F1679-04e1 Standard Test Method,"Withdrawn 2006,http://www.astm.org/Standards/F1679.htm External links • demonstration of Slip Test Devices(http://www.youtube.com/watch?v=4eCXB1yMFFk/Video) on YouTube is C1028-07 test: (http://www.C1028.info/)more info on the inadequacies of C1028-07 static test Retrieved from "http://en.wikipedia.org/w/index.php? title=FloorS lip_Resistance_Testing&oldid=52209633 3" Categories_Tests • This page was last modified on 9 November 2012 at 00:57. • Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of Use for details. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. http://en.wikipedia.org/wiki/Floor_Slip_Resistance_Testing 1/8/2013 CERTIFICATE OF SERVICE AND NOW, this 25th day of November 2013, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 72> Michelle M. Milojevich 540321 Thomas,Thomas&Hafer,LLP i (1 Brooks R.Foland,Esquire Attorney I.D.No.70102 ^g 3 4OV 21 AM 9. 5 305 North Front Street P.O.Box 999 f_,U MBERLANJ CJ i,'= Harrisburg,PA 17108-0999 P E N 14 S`(LVA Nit A (717)255-7626 bfoland @tthlaw.com Attorney for Defendants SALLY OWEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. : LAUER, JR. LIVING TRUST, Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION INLIMINE TO LIMIT PLAINTIFF'S TESTIMONY AND EVIDENCE TO THOSE DAMAGES RELATED TO THE SUBJECT ACCIDENT AS PREVIOUSLY TESTIFIED TO BY PLAINTIFF'S ORTHOPEDIC SURGEON AND NOW, come Defendants, Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file this Motion In Limine to limit Plaintiff's testimony and evidence to those damages related to the subject accident as previously testified to by Dr. William Polacheck, and assert the following reasons therefor: 1. This action arises out of an alleged accident which occurred on May 20, 2008 on the wooden ramp attached to a covered porch on the front entrance of Defendants' building located in Camp Hill, Pennsylvania. 2. This matter has been listed for the Trial Term commencing on December 9, 2013. 3. In the pleadings, Plaintiff has alleged damages and personal injuries resulting from the slip and fall which allegedly occurred on Defendants' wooden ramp. 4. While Plaintiff was hospitalized in the days following the alleged fall, she received treatment from Dr. William Polacheck, an orthopedic surgeon employed by Orthopedics Institute of Pennsylvania. 5. Following her discharge from the hospital, Plaintiff continued to receive treatment from Dr. Polacheck. 6. On November 22, 2013, Dr. Polacheck was deposed in anticipation of trial in this matter. 7. In his deposition, Dr. Polacheck testified as to the extent of Plaintiff's damages based on his first-hand professional observations as her treating physician following the fall. 8. At trial, Plaintiff's testimony and evidence should be limited to the damages and injuries testified to by Dr. Polacheck at his deposition. 9. As Dr. Polacheck is a qualified physician who engaged in a comprehensive evaluation and course of treatment of Plaintiff, he is in the best position to identify the scope of Plaintiff's damages as they relate to the alleged accident. 10. Moreover, Plaintiff should not be permitted to testify to damages unrelated to the accident at issue in this case because such testimony or evidence would be irrelevant insofar as it would not assist the jury in understanding facts at issue in this case. See; e.g. Corn v. Williams, 58 A.3d 796, 800 (Pa. Super. Ct. 2012) ("Evidence is relevant if it logically tends to establish a material fact in the case, tends to make a fact at issue more or less problable or supports a reasonable inference or presumption regarding a material fact.") 11. Evidence or testimony regarding damages unrelated to the alleged accident would tend to confuse the jury and would stray from Dr. Polacheck's testimony as the treating 2 physician who is in the best position to assess damages attributable to Plaintiff's alleged accident. WHEREFORE, Defendants respectfully request that this Honorable Court GRANT their Motion In Limine and order that Plaintiff's testimony and evidence at trial must be limited to damages related to the accident giving rise to this case as testified to by Dr. Polacheck. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 4 '� ooks R. Foland, Esquire Attorney I.D. # 70102 P.O. Box 999, 305 N. Front Street Date: November 27, 2013 Harrisburg, PA 17108-0999 Counsel for Defendants 3 CERTIFICATE OF SERVICE AND NOW, this 27th day of November, 2013, I, Brooks R. Foland, Esquire, hereby certify that I personally served the foregoing document upon the following: Michael E. Kosik, Esq. Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 2� " t Brooks R. Foland, Esquire 1404156.1 5 SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. • • CIVIL ACTION - LAW LAW OFFICE OF PATRICK F. • LAUER, JR. , LLC. PATRICK F. : LAUER, JR. , AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants NO. 10-2507 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 27th day of November, 2013, this being the time and place set for a pretrial conference, and both parties having indicated they are prepared for trial, this matter shall remain on the trial list . The parties expect that this case will last 2 days . This is a standard slip and fall case alleged by the Plaintiff against the Defendant . The parties have indicated that there are several Motions in Limine outstanding that were as recently filed as of today' s date, and that the other party needs to respond to, and therefore the parties have requested that the assigned trial judge hear the Motions in Limine just prior to trial . The parties expect argument on the Motions in Limine to last approximately half an hour. By the Court, Christlee L. Peck, J. Michael E. Kosik, Esquire For the Plaintiff -o= c:3 rn r 1,. Brooks R. Foland, Esquire ��-- � For the Defendants -�� wjc.' pcb fir` ' acr.es P2-al lEr-L /43//a Lp SALLY OWEN, IN THE COURT OF COMMON PLfiA ,� `�t Plaintiff CUMBERLAND COUNTY, PENNSY%N"' ? ' V. CIVIL ACTION—LAWS rr� LAW OFFICE OF PATRICK F. NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR.,AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION INLIMINE TO ADMIT INTO EVIDENCE THE LAY WITNESS OPINION TESTIMONY OF DAVID RATLIFF, FORMER MAIL CARRIER, REGARDING HIS PERSONAL USE, OBSERVATIONS,AND OPINIONS OF THE RAMP AT ISSUE IN THIS CASE AND NOW, come Defendants, Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file this Motion In Limine to admit into evidence the testimony of David Ratliff, former mail carrier, regarding his personal use, observations, and opinions of the ramp at issue in this case, and assert the following reasons therefor: I. This action arises out of an alleged accident which occurred on May 20, 2008 on the wooden ramp attached to a covered porch on the front entrance of Defendants' building located in Camp Hill, Pennsylvania. 2. According to Plaintiff's allegations, Defendants negligently failed to install anti- skid material on the wooden ramp which would have prevented her alleged fall and the injuries she purportedly suffered as a result. 3. Plaintiff also asserts theories that the ramp is too steep, has inadequate handrails, and is (or was) slippery or slimy when wet. 4. This matter has been listed for the Trial Term commencing on December 9, 2013. r 5. At trial, Defendants intend to prove that the wooden ramp on which Plaintiff allegedly fell was not in an unreasonably dangerous condition at the time of the purported incident. 6. In order to support the notion that the wooden ramp does not become unreasonably dangerous during wet conditions, Defendants intend to offer the videotaped deposition of David Ratliff. 7. Counsel for Plaintiff and Defendants were present at David Ratliff s videotaped deposition, and the same is therefore admissible to the same extent as live testimony pursuant to Rule 4020 of the Pennsylvania Rules of Civil Procedure. 8. At the beginning of David Ratliff s deposition, Plaintiff's counsel objected to Mr. Ratliff s testimony on the grounds that he is not qualified to provide an opinion as to his use, observations, and opinions of the ramp at issue in this case. 9. David Ratliff is a retired mail carrier formerly employed by the United States Postal Service who delivered mail to Defendants' office for more than ten years. 10. David Ratliff testified in his deposition that he traversed the ramp upon which Plaintiff allegedly fell on a daily basis as part of his delivery route as a mail carrier, and that he has observed the ramp to be of a gradual incline with adequate handrails. 11. David Ratliff also testified that he has traversed the ramp in wet conditions and that, in those conditions, the ramp drains well and he has never noticed a slippery condition on the ramp during times of inclement weather. 12. "Opinion testimony of lay witnesses is controlled by Pa.R.E. 701, which states the following: `If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally based on the 2 perception of the witness, helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge within the scope of Rule 702."' In re Mampe, 932 A.2d 954, 960 (Pa. Super. Ct. 2007)(quoting Pa.R.E. 701). 13. Put otherwise, "the only foundation which is required for the admission of lay opinion is a showing that the witness had personal knowledge and observation of the facts and circumstances upon which he bases his opinion." In Interest of Wright, 401 A.2d 1209, 1213 (Pa. Super. Ct. 1979) (citing Commonwealth v. Eyler, 217 Pa. 512, 516-17 (1907); Rough v. Zehring, 59 Pa. 74, 78 (1868); Lewis v. Mellor, 393 A.2d 941, 946(Pa. Super. Ct. 1978)). 14. In the instant case, David Ratliff satisfies all conditions precedent to the admission of his lay witness opinion testimony under Rule 701 of the Pennsylvania Rules of Civil Procedure. 15. To begin, as the mail carrier who has frequently used the ramp during wet conditions over the course of the last decade,the condition of the ramp during times of inclement weather is a matter which Mr. Ratliff has personally perceived on numerous occasions by way of his first-hand observation of the ramp during those times. 16. Furthermore, Plaintiff alleges that Defendants were negligent in failing to install anti-skid material on the surface of the ramp, thereby creating an allegedly dangerous condition when wet - Plaintiff does not allege that Defendants' negligence was limited to the day of her alleged fall but, rather, that such negligence led to a dangerous condition on the ramp in wet conditions generally. (Complaint at¶¶ 10(b), IO(c)). 17. Plaintiff also alleges that the slope and handrails of the ramp created a generally dangerous condition on the ramp which was not limited to the time of her fall. 3 t 18. Therefore, David Ratliff s testimony regarding his personal observations and opinions as to the condition of the ramp in times of inclement weather and the design of the ramp more generally will assist the jury in understanding the factual issue in this case of whether the ramp presents a dangerous condition during inclement weather. 19. Finally, an individual's observations as to the condition of a ramp upon which he has traversed during times of inclement weather is not based on scientific, technical, or other specialized knowledge insofar as an ordinary person is capable of understanding the condition of the surface upon which they travel without requiring specialized knowledge, skill, experience, training or education. See Pa.R.E. 702. 20. Accordingly, David Ratliff s testimony with respect to his personal use, observations, and opinions of the ramp is based on his own first-hand perception of the ramp, will assist the jury in understanding the factual issue of whether the ramp presented an unreasonably dangerous condition to those who traversed it, and is not based on scientific, technical, or otherwise specialized knowledge requiring the testimony of an expert witness. 21. David Ratliff s lay witness opinion testimony satisfies Rule 701 of the Pennsylvania Rules of Civil Procedure and should, consequently, be admissible at trial in this case. WHEREFORE, Defendants respectfully request that this Honorable Court GRANT its Motion In Limine to admit into evidence the testimony of David Ratliff, former mail carrier, regarding his personal use, observations, and opinions of the ramp at issue in this case and rule that David Ratliff s videotaped deposition is admissible at trial in this case. 4 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Brooks R. Foland, Esquire Attorney I.D. # 70102 P.O. Box 999, 305 N. Front Street Date 1 j S �1 Harrisburg, PA 17108-0999 T Counsel for Defendants 5 CERTIFICATE OF SERVICE AND NOW, this day of bm0i'm ' 201!;I, Coleen M. Polek, of the law firm of Thomas, Thomas& Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document via facsimile,to the following: Michael E. Kosik, Esq. Angino & Rovner, P.C. 717-238-5610 fax Coleen M. Polek 1409204.1 7 SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW No. 10-2507 Civil Term LAW OFFICE OF PATRICK F. LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR., LIVING TRUST, Defendants JURY TRIAL DEMANDED JURY VERDICT FORM 1. Do you find that the Defendant, the Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust, was negligent? Yes V/ No If you answered Question No. 1 "No," the Plaintiff cannot recover and you should not answer any further questions and should return to the Courtroom. If you answered Question No. 1 "Yes," continue to Question No. 2. 2. Was the negligence of the Law Office of Patrick F. Lauer, Jr., LLC, Patrick F. Lauer, Jr., and Patrick F. Lauer, Jr., Living Trust a factual cause of any harm to Plaintiff? ` Yes J No If you answered Question No. 2 "No," the Plaintiff cannot recover and you should not answer any further questions and should return to the Courtroom. If you answered Question No. 1 and 2 "Yes," continue to Question No. 3. 3. Was the Plaintiff, Sally Owen, negligent? Yes V No If you answered Question No. 3 "Yes," proceed to Question No. 4. If you answered Question No. 3 "No,"proceed to Question No. 6. 4. Was the Plaintiff's negligence a factual cause of any harm to her? Yes V No If you answered Question No. 4 "Yes," proceed to Question No. 5. If you answered Question No. 4 "No,"proceed to Question No. 6. 5. Taking the combined negligence that was a factual cause of any harm to Plaintiff as 100 percent, what percentage of that causal negligence was attributable to Defendant and what percentage, if any, was attributable to Plaintiff? Percentage of causal negligence attributable to Defendant (Answer only if you have answered yes to -� Questions 1 & 2) Percentage of causal negligence attributable to Plaintiff (Answer only if you have answered yes to Questions 3 & 4) % Total 100 % If you have found the Plaintiff, Sally Owen's negligence to be greater than 50%, then the Plaintiff cannot recover and you should not answer Question No. 6, but should return to the courtroom. If, however, you have found defendant's negligence to be greater than or equal to 50%, you should answer Question No. 6. 6. State the amount of damages, in a lump sum, sustained by Plaintiff, Sally Owen, as a result of the accident for medical expenses, past lost earnings, and past and future noneconomic loss — pain and suffering, loss of enjoyment of life, embarrassment, and humiliation. Do not reduce the amount of damages by the percentage of causal negligence, if any, that you have attributed to the Plaintiff. so) Q0� Total Lump Sum $ Please specify the total amount of medical expenses that you included in the above total lump sum. Note that the amount you specify here is not in addition to the total lump sum found above, rather it simply tells the Court how much of the above total is attributable to medical expenses only. Medical Expenses $ 6 3 Q 3 -Wt k1l Fore erson Date _ - In the Court of Commons Pleas " of Cumberland County,PA., SALLY OWEN Docket No.2010-2507 Judge:PECK ----V S---- LAW OFFICE OF PATRICK LAUER,J E A Attorney: (V(ILh( &j 4 J�DS i k Attorney:_*'—Rrco1z R. FDIUlA Date: 1011/3 1/3 T JURORS No. Juror# NAMES OF JURORS CALLED CAUSE P D 1 DEC09-8 HOFFMAN,BRIAN E 2 DEC09-2 3 4 fllllllllllllllllllllllllillllllllllllll DEC09-62 HOFFMAN,LINDA R 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllll DEC09-2 KELLEY,TYLER A 6 III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEC09-169 LAROSA,MICHAEL C 7 Illllllllllllllllllllllllllllllllulllll DEC09-316 GRANDI,MICHAEL P �-. 9 DEC09-24 HERSHEY,RONALD L 10 Illllllllllllllllllllllllllllllfllllllll DEC09-20 GOODLING,KELLY J 11 IIIIIII111111111111111111111111111111111 DEC09-365 POKRZYWA,ROBERT S 121111111111111111111111111111111111111111 DEC09-292 ROB E 11111111111111 1111111111111 C09-190 ' 14 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEC09-64 ZIMMERMAN(BECKER),TERESA M 15 IIIIIIIilllllllillllllllllllllllllllllll DEC09-63 ., 17 IIIIIIIIIIillllllllllillllllllllllllllll DEC09-194 POWELL,BARBARA E 18 IIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllll DEC09-157 MYERS,GREG A 19 IIIIIIIIilllllllllllllllllllllllllllllll DEC09-259 FIELDS,SEAN A 2D IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEC09-373 HARPER,CATHLEEN S 21 Illllllllllllllllllllllllllllliliillllll DEC09-249 I RITTER,ANDREA S 221111111111111111111111111111111111111111 DEC09-286 F , In the Court of Commons Pleas of Cumberland County,PA., SALLY OWEN Docket No.2010-2507 Judge: PECK ----V S---- LAW OFFICE OF PATRICK LAUER,J Attorney: Attorney: Date: JURORS No. Juror# NAMES OF JURORS CALLED CAUSE P D 23 IIIIII DEC09-106 LAY,STEPHANIE A 24 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII D o9-27 WRIGHT,EDWARD F 25 illlllllllllllllilllllllllllllllllllllll DECO9-14 FUNSTON,DIANE L 26 11111111111111111111111111111111111 11111 DEC09-146 OD NELL,TODD D 27 1111 IN DEC09-1 LEWIS,STE ANIE L 28 IIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111 DEC09-114 TIERNEY,PATRICK 29 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEC09-392 MORRISO RACE E 30 DEC09-398 A SAF,NAJD A 31 IIIIIIIIIIIIIIIillllllllllllilllllllllll DEC 09- LOFBLAD,GRETCHEN G 32 illlllllllllllllilllllllllllllllllllllll 6co9-i1 WHITE,KATHLEEN E 33 IIIIIIIIIIIIIIIIIIIIII 11111111 DEC09-67 FLOWERS,DONNA J 34 DEC09-304 GAMBLE,JASON E 3� DEC09-75 SHUGHART,JASON W 36 37 38 39 40 41 42 43 44 tY d p E}+(1 �A 6'tJnt' vt f• r-E(1 t��J 1 L i�/°°i i9I r 4 ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER, JR.,LLC, PATRICK F. LAUER, : JR, AND PATRICK F. LAUER,JR. LIVING TRUST, • Defendant : JURY TRIAL DEMANDED NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN ANSWER TO THE ATTACHED MOTION FOR DELAY DAMAGES WITHIN TWENTY (20) DAYS FROM THE FILING OF THE MOTION OR THE DELAY DAMAGES SOUGHT IN THE MOTION MAY BE ADDED TO THE VERDICT AGAINST YOU. • 1 G F, ER, P.C. Michael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com 444490 Attorney for Plaintiff ' ; 21.:13 DEC 12 PH .• rti (LFR ML3ERLAND COvN Tv ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney lD# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR., LLC, PATRICK F. LAUER, : JR, AND PATRICK F. LAUER, JR. • LIVING TRUST, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR DELAY DAMAGES PURSUANT TO Pa.R.C.P. 238 Plaintiff Sally Owen, by and through their attorneys, Angino & Rovner, P.C., and hereby requests that this Honorable Court to award delay damages pursuant to Pa.R.C.P. 238, and in support thereof, avers the following: 1. On May 20, 2008, Plaintiff Sally Owen fell while exiting the law office of Defendant Patrick Lauer located at 2108 Market Street, Camp Hill, Cumberland County, Pennsylvania. 542266 2. Plaintiff's complaint against Defendant Lauer, et. al. was filed on April 15, 2010 with service being made of the original process on April 26, 2010 as verified from the Sheriff's Return of Service dated April 27, 2010. 3. Discovery was undertaken immediately with most discovery being completed by the end of 2011, and Plaintiff's production of an expert report in January of 2012. 4. On March 13, 2013, Plaintiff filed a Motion for a Status Conference in order to set deadlines for completion of discovery, exchange of any remaining expert reports, and listing the matter for trial. 5. As a result of Plaintiff's Motion for a Scheduling Conference, Judge Guido entered an Order on April 22, 2013 requiring that all discovery be completed by July 15, 2013 and that the IME of the Plaintiff be completed by September 16, 2013. 6. Judge Guido's Order of April 22, 2013 further directed the case be listed for trial for the December 9, 2013 trial term. 7. This case proceeded to trial before the Honorable Christylee Peck on Monday, December 9, 2013 through Wednesday, December 11, 2013. 8. On December 11, 2013, the jury returned a verdict in favor of Plaintiff Sally Owen in the amount of$250,000.00 and finding 95% negligence on behalf of Defendants Lauer, et. al., after which the Court molded the verdict to reflect a reduction of 5% comparative negligence for the Plaintiff Sally Owen resulting in a net jury award of$237,500.00. 9. The jury award against Defendant Lauer in the amount of$237,500.00 was more than 125 percent of Defendant Lauer's last written offer $10,000.00. 10. Plaintiff at all times responded to discovery, cooperated with depositions and did not seek a continuance or delay of the trial which was scheduled pursuant to Judge Guido's 542266 scheduling order for December 9, 2013 and therefore Plaintiff Sally Owen maintains that she is entitled to delay damages. Pa.R.C.P. 238(b)(2). 11. Delay damages are calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which damages are awarded plus one percent, not compounded. Pa.R.C.P. 238(a)(3). 12. Given that original process was served upon the Defendants on April 26, 2010 and therefore delay damages began to run as of April 27, 2011. 13. The prime rate as listed in the first edition of the Wall Street Journal for 2011 was 3 1/4% and, therefore, the rate of delay damages for 2011 would be 4 1/4%. Delay damages for Plaintiff Sally Owen during the year of 2011 would be $6,857.20 (248 days x $27.65 per day= $6,857.20). 14. The prime rate as listed in the first edition of the Wall Street Journal for 2012 was 3 1/4% and, therefore, the rate of delay damages for 2012 would be 4 1/4%. Delay damages for Plaintiff Sally Owen during the year of 2012 would be $10,092.25 (365 days x $27.65 per day= $10,092.25). 15. The prime rate as listed in the first edition of the Wall Street Journal for 2013 was 3 1/4% and, therefore, the rate of delay damages for 2013 would be 4 1/4% until the date of the verdict on December 11, 2013. Delay damages for Plaintiff Sally Owen during the year of 2013 would be $9,511.60 (344 days x $27.65 per day = $9,511.60). 16. Therefore, the total delay damages due and owing to Plaintiff Sally Owen totals $26,461.05 ($6,857.20 + $10,092.25 + $9,511.60 = $26,461.05) 542266 17. The jury's verdict should be molded to reflect the jury's award of$237,500.00 in a net verdict to Plaintiff Sally Owen plus delay damages of$26,488.70 for a total of $263,988.70. 18. A copy of this Motion was provided to defense counsel via Email on December 12, 2013. 19. Plaintiff is represented by Michael E. Kosik, Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 20. Defendant until recently was represented by Brooks Foland, Esquire, Thomas, Thomas & Hafer, PO Box 999, Harrisburg, PA 17108, (717) 237-7100. 21. This case was taken to trial before Judge Christylee Peck, and therefore, she has ruled previously on this case. WHEREFORE, Plaintiff Sally Owen requests that Your Honorable Court award delay damages totaling $26,488.70 molding the $237,500.00 verdict to $263,988.70. AN 0 R, P.C. Michael E. osik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik @angino-rovner.com Attorney for Plaintiff 542266 CERTIFICATE OF SERVICE AND NOW, this 12th day of December 2013, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S MOTION FOR DELAY DAMAGES PURSUANT TO Pa.R.C.P. 238 in the United States mail,postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 // . .._ ' Michelle M. Milojevich 542266 1 :a' P. I H0NOTA{ `r. 2013 DEC 12 oft;: 05 SALLY OWEN, : IN THE COURT OF COMM• ) y., AS Plaintiff : CUMBERLAND COUNTY, e 4' I �UNTY Y VAN1A v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : NO. 10-2507 LAUER, JR., LLC, PATRICK F. LAUER, JR., AND PATRICK F. LAUER, JR. LIVING TRUST, • Defendants : JURY TRIAL DEMANDED STIPULATION OF THE PARTIES Ladies and gentleman of the jury, although Defendants deny liability in this case, they do not dispute that the amount paid for Sally Owen's medical treatments as they relate to the subject accident was reasonable and necessary for those services. The total amount paid on behalf of Sally Owen for those accident-related medical treatments was $s6► 6 3.3, ,1 You may award this sum if you find at the conclusion of this trial that the Defendants were negligent and that Defendants' negligence was a factual cause of Ms. Owen's injuries. Defendants deny they were negligent. ANGINO & ROVNER, P.C. THOMAS, THOMAS & HAFER Michael E. Kosik Brooks R. Foland PA I.D. No. 36513 PA I.D. No. 70102 4503 N. Front Street 305 N. Front Street Harrisburg, PA 17110 Harrisburg, PA 17108 Date: 12 1 Date: / Z' / V 13 Copt'ES tea, LEL !a.'//2,//3 SALLY OWEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW LAW OFFICE OF PATRICK F. : LAUER, JR., LLC, PATRICK F. : LAUER, JR., and PATRICK F. : LAUER, JR. LIVING TRUST, : Defendant : NO. 10-2507 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR DELAY DAMAGES PURSUANT TO Pa. R.C.P. 238 ORDER OF COURT AND NOW, this 17th day of December, 2013, upon consideration of Plaintiff's Motion for Delay Damages Pursuant to Pa.R C.P. 238, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, -KA 98 R\ 7 el,t4,;(- ,&,Xfig \P %S.;\ Christylike L. Peck, J. 9c w1 Vi‘ Michael E. Kosik, Esq. -3:- "3> 4503 North Front Street -� Harrisburg, PA 17110-1799 orney for Plaintiff Brooks Foland, Esq. P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant :rc Cori'Es illAilre.L. • i all sit 3 SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW \ LAW OFFICE OF PATRICK F. • LAUER, JR. , LLC, PATRICK F. : • �-� LAUER, JR. , AND PATRICK F. ,� LAUER, JR. LIVING TRUST, 't� Defendants : NO. 10-2507 CIVIL TERM ' A IN RE: DEFENDANTS ' MOTION IN LIMINE TO PRECLUDE THE JURY FROM CONSIDERING A CLAIM FOR PLAINTIFF' S LOST WAGES ORDER OF COURT AND NOW, this 9th day of December, 2013, upon consideration of the Defendants ' Motion In Limine To Preclude the Jury from Considering a Claim for Plaintiff' s Lost Wages, and upon consideration of Plaintiff' s answer thereto and after oral argument, Defendants ' Motion In Limine To Preclude the Jury from Considering a Claim for Plaintiff' s Lost Wages is hereby denied. By the Court, / Chris ylee L. Peck, J. 4chael E. Kosik, Esquire For the Plaintiff ooks R. Foland, Esquire S •� , •-�� For the Defendants • go •■ pcb \' • SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW © 'S LAW OFFICE OF PATRICK F. LAUER, JR. , LLC, PATRICK F. : LAUER, JR. , AND PATRICK F. LAUER, JR. LIVING TRUST, Defendants NO. 10-2507 CIVIL TERM IN RE: DEFENDANTS ' MOTION IN LIMINE TO ADMIT INTO EVIDENCE THE TESTIMONY OF DEFENDANT PATRICK LAUER THAT THERE HAD BEEN NO OTHER ACCIDENTS ON THE RAMP IN FRONT OF HIS OFFICE DURING THE COURSE OF HIS OWNERSHIP OF THE PROPERTY ORDER OF COURT AND NOW, this 9th day of December, 2013, pursuant to a defense Motion in Limine to allow Patrick Lauer to testify that there had been no other accidents on the ramp, and after consideration of the Plaintiff' s answer thereto, and after hearing oral argument, the decision on the defense motion to allow Patrick Lauer to testify .as to other accidents on the ramp is hereby reserved until the time of trial until after this Court hears the foundation that the Defendant shall lay for such testimony. By the Court, (/6C Christylee L. Peck, J. Michael E. Kosik, Esquire For the Plaintiff / rooks R. Foland, Esquire For the Defendants S ■ ■ pcb , dr SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V �-� -cam• CIVIL ACTION - LAW cam .∎ LAW OFFICE OF PATRICK F. .% LAUER, JR. , LLC, PATRICK F. : C�` C7� sue_ LAUER, JR. , AND PATRICK F. m'4' LAUER, JR. LIVING TRUST, IV Defendants NO. 10-2507 CIVIL TERM IN RE: DEFENDANTS ' MOTION IN LIMINE TO ADMIT INTO EVIDENCE THE LAY WITNESS OPINION TESTIMONY OF DAVID RATLIFF, FORMER MAIL CARRIER, REGARDING HIS PERSONAL USE, OBSERVATIONS, AND OPINIONS OF THE RAMP AT ISSUE IN THIS CASE ORDER OF COURT AND NOW, this 9th day of December, 2013, in consideration of the Defendants ' Motion in Limine to admit testimony of mail carrier David Ratliff, Defendants ' motion is hereby granted. By the Court, C`--hrislee L. Peck, J. ./Michael E. Kosik, Esquire For the Plaintiff rooks R. Poland, Esquire For the Defendants 4 pcb • �0 • SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LAW OFFICE OF PATRICK F. LAUER, JR. , LLC, PATRICK F. LAUER, JR. , AND PATRICK F. 5 7 ,�� LAUER, JR. LIVING TRUST, . Defendants NO. 10-2507 CIVIL TERM IN RE: DEFENDANTS ' MOTION IN LIMINE TO LIMIT -� PLAINTIFF' S TESTIMONY AND EVIDENCE TO THOSE DAMAGES RELATED TO THE SUBJECT ACCIDENT AS PREVIOUSLY TESTIFIED BY. PLAINTIFF' S ORTHOPEDIC SURGEON ORDER OF COURT AND NOW, this 9th day of December, 2013, pursuant to a request by the Defendant to withdraw Defendants ' Motion in Limine • to Limit Plaintiff' s Testimony and Evidence to Those Damages Related to the Subject Accident as Previously Testified by Plaintiff' s Orthopedic Surgeon, that motion is hereby withdrawn without prejudice to defense counsel to object at a later time if he deems it necessary. By the Court, Chri tylee L. Peck, J. Michael E. Kosik, Esquire For the Plaintiff /rooks R. Foland, Esquire cise For the Defendants J • pcb ( . )P • $ • SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAW OFFICE OF PATRICK F. 0 LAUER, JR. , LLC, PATRICK F. : Z:7 a,�� LAUER, JR. , AND PATRICK F.LAUER, JR. LIVING TRUST, 3 �9,� Defendants NO. 10-2507 CIVIL TERM e1- -17 IN RE: DEFENDANTS ' MOTION IN LIMINE TO EXCLUDE FROM EVIDENCE THE TESTIMONY OF ANY WITNESS THAT PLAINTIFF IS A FORMER VICTIM OF DOMESTIC VIOLENCE ORDER OF COURT AND NOW, this 9th day of December, 2013, pursuant to an agreement between the parties and with respect to the Defendants ' Motion in Limine To Exclude From Evidence the Testimony of Any Witness that Plaintiff is a Former Victim of Domestic Violence, it is ordered as follows : 1 . Neither party will question or solicit information concerning the Plaintiff ' s prior domestic violence or injury sustained as a result of domestic violence. 2 . Neither party will elicit testimony or evidence regarding Defendant ' s son' s disabilities or use of the handicap ramp. 3 . Neither party will solicit information or will mention the fact that Attorney Lauer' s staff were indicted and convicted of crimes . By the Court, Christy ee L. Peck, J. ichael E. Kosik, Esquire For the Plaintiff 'P rooks R. Foland, Esquire v ,■'r For the Defendants ta� pcb R SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW C�� LAW OFFICE OF PATRICK F. �Y LAUER, JR. , LLC, PATRICK F. : �3 LAUER, JR. , AND PATRICK F. a c?� LAUER, JR. LIVING TRUST, % c3r4 Defendants NO. 10-2507 CIVIL TERM -� IN RE: PLAINTIFF' S MOTION IN LIMINE TO PRECLUDE DEFENDANTS ' LIABILITY EXPERT HOWARD MEDOFF, PH. D. FROM TESTIFYING ORDER OF COURT AND NOW, this 9th day of December, 2013, with respect to the Plaintiff' s Motion in Limine to preclude certain testimony of the defense liability expert, Howard Medoff, it is hereby ordered as follows : Pursuant to the Plaintiff' s motion to preclude the defense liability expert from testifying in general, the Plaintiff ' s motion is hereby denied on the condition of the following: Prior to defense expert testifying at trial, defense counsel shall obtain from the defense expert the methodology the defense expert used in performing his slip testing of the ramp at issue in this case and the basis for that slip resistance testing, and shall provide that information to Plaintiff' s counsel prior to the Defendant even being called during his case. Pursuant to an agreement between the parties, the defense expert shall not make any opinion as to any negligence on the part of the Plaintiff. All other parts of the Plaintiff ' s motion to preclude the defense liability expert are denied. By the Court, PW(-- /List 1 e L. Peck, J. Michael E. Kosik, Esquire For the Plaintiff rooks R. Foland, Esquire For the Defendants pcb � • (q" SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW LAW OFFICE OF PATRICK F. Q LAUER, JR. , LLC, PATRICK F. : LAUER, JR. , AND PATRICK F. `0� 0i�N LAUER, JR. LIVING TRUST, Defendants NO. 10-2507 CIVIL TERM IN RE: DEFENDANTS ' MOTION IN LIMINE TO ADMIT INTO EVIDENCE THE TESTIMONY OF DEFENDANT PATRICK LAUER THAT THERE HAD BEEN NO OTHER ACCIDENTS ON THE RAMP IN FRONT OF HIS OFFICE DURING THE COURSE OF HIS OWNERSHIP OF THE PROPERTY ORDER OF COURT AND NOW, this 10th day of December, 2013, Defendants ' Motion in Limine To Admit Into Evidence the Testimony of Defendant Patrick Lauer That There Had Been No Other Accidents on the Ramp in Front of His Office During the Course of His Ownership of the Property, and after hearing argument from both parties and after consideration of the case law provided by both parties in their written Motion and answer thereto, that written Motion is hereby denied in part and granted in part . It is granted to the extent that the witness, Patrick Lauer, may testify, pursuant to an agreement between the parties that there have been no accidents reported to him. By the Court, 674 `;'.A(1- 1(.6UC Chri ti' ylee L. Peck, J. Achael E. Kosik, Esquire For the Plaintiff CN6fr /rooks R. Foland, Esquire J • `� For the Defendants pcb 0 \& SALLY OWEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LAW OFFICE OF PATRICK F. LAUER, JR. , LLC, PATRICK F. -o LAUER, JR. , AND PATRICK F. V' T-0. 4, LAUER, JR. LIVING TRUST, ' c� Defendants NO. 10-2507 CIVIL TERM IN RE: VERDICT RECORDED AND MOLDED VERDICT �i ORDER OF COURT AND NOW, this 11th day of December, 2013, after a jury trial and the jury having returned a verdict in favor of the Plaintiff, the verdict is hereby recorded. The jury has awarded the Plaintiff damages in the amount of $250, 000 in a lump sum, and has specified that the medical expenses portion of that total amount of the lump sum was in the amount of $56, 633 . 13 . The parties having moved to mold the verdict in accordance with the jury' s verdict of contributory negligence, and the jury having returned a verdict that the Defendant was 95 percent causally negligent and that the Plaintiff was 5 percent causally negligent, it is hereby ordered that the jury' s verdict is molded as follows : Plaintiff is awarded damages in the total lump sum of $237, 500 . By the Court, Christ lee L. Peck, J. Michael E. Kosik, Esquire For the Plaintiff rooks R. Foland, Esquire A For the Defendants pcb �. i fai._. � _r't ` 1. 1 v' a 1 t3 1 '+.. ENV SYi_`lt111 ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION -LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR., LLC, PATRICK F. LAUER, : JR, AND PATRICK F. LAUER, JR. • LIVING TRUST, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, come the Plaintiff Sally Owen, by and through her counsel, Angino & Rovner, P.C., and file the following Motion to Make Rule Absolute and in support thereof aver: 1. On December 12, 2013, Plaintiff filed a Motion to Award Delay Damages pursuant to Pa.R.C.P. 238. 2. On December 17, 2013, the Your Honorable Court issued a rule upon Defendants to show cause why Plaintiff's request for prejudgment interest pursuant to Rule 238 should not be granted. 444490 3. The Rule was filed in the Prothonotary's office of Cumberland County on December 18, 2013 and was returnable 10 days after service. 4. Pursuant to Pa.R.C.P. 440(b), service of legal papers, other than original process, is complete upon mailing. 5. Even providing three days for service by mail, Defendant's time for responding to the Rule would have expired. 6. Additionally, Plaintiffs Motion for Delay Damages contained a Notice to Defendant that a written answer to the Motion should be filed within 20 days of the filing of the Motion which occurred on December 12, 2013. Pa.R.C.P. 238(2)(c). 7. Defendant not having responded to the Notice attached to the Motion for Delay Damages or the Court's Rule issued on December 18, 2013 permits the Court to award delay damages totalling $26,488.70 and the molding of the previously molded verdict of$237,500.00 to a final verdict of$263,988.70. 8. Judge Peck previously ruled on issues in this case, including presiding over the trial and ruling on evidentiary issues. 9. The concurrence of all opposing counsel was sought and counsel consents to the present motion. 10. Plaintiff is represented by Michael E. Kosik, Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 11. Defendant is represented by Brooks Foland, Esquire, Thomas, Thomas & Hafer, PO Box 999, Harrisburg, PA 17108, (717) 237-7100. 543744 WHEREFORE, Plaintiff respectfully request that this Honorable Court issue an Order making the Rule Absolute and molding the verdict in the present case to include delay damages for a total verdict of$263,988.70. AN , : :• ' : f1 R, P.C. Michael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik @angino-rovner.com Attorney for Plaintiff 543744 CERTIFICATE OF SERVICE AND NOW, this 7th day of January 2014, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 ni. t_ I / IL . Michelle M. Milojevich 543744 • ��, �r5 �ei?��t# i3:: THE PROT-l•1.�1 J 2014 AN -9 PM 2: 2 o-:1JM.BERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION -LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR., LLC, PATRICK F. LAUER, : JR,AND PATRICK F. LAUER,JR. LIVING TRUST, • Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this 9,(k day of January, 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED that the verdict in the above-captioned case is molded to reflect the addition of delay damages in the amount of$26,488.70 for a total molded verdict of$263,988.70. BY THE COURT: g � Honorable Christylee Peck 543744 DISTRIBUTION: -i chael E. Kosik Esquire 4503 North Front Street Harrisburg, PA 17110 (717)238-6791 FAX(717)238-5610 mkosik @angino-rovner.com Counsel for Plaintiff rooks Foland,Esquire Thomas, Thomas&Hafer PO Box 999 Harrisburg, PA 17108 (717) 237-7100 Attorney for Defendant GOP es Plat•1 1/9//y 543744 IL ED-OF i1 .,,1 oF THE PROTHONOIP,g'` l l J M -7 PM I: t49 : ts` I C iuNY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR.,LLC,PATRICK F. LAUER, : JR,AND PATRICK F. LAUER,JR. • LIVING TRUST, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, come the Plaintiff Sally Owen, by and through her counsel, Angino & Rovner, P.C., and file the following Motion to Make Rule Absolute and in support thereof aver: 1. On December 12, 2013, Plaintiff filed a Motion to Award Delay Damages pursuant to Pa.R.C.P. 238. 2. On December 17, 2013,the Your Honorable Court issued a rule upon Defendants to show cause why Plaintiff's request for prejudgment interest pursuant to Rule 238 should not be granted. 444490 3. The Rule was filed in the Prothonotary's office of Cumberland County on December 18, 2013 and was returnable 10 days after service. 4. Pursuant to Pa.R.C.P. 440(b), service of legal papers, other than original process, is complete upon mailing. 5. Even providing three days for service by mail, Defendant's time for responding to the Rule would have expired. 6. Additionally, Plaintiff's Motion for Delay Damages contained a Notice to Defendant that a written answer to the Motion should be filed within 20 days of the filing of the Motion which occurred on December 12, 2013. Pa.R.C.P. 238(2)(c). 7. Defendant not having responded to the Notice attached to the Motion for Delay Damages or the Court's Rule issued on December 18, 2013 permits the Court to award delay damages totalling $26,488.70 and the molding of the previously molded verdict of$237,500.00 to a final verdict of$263,988.70. 8. Judge Peck previously ruled on issues in this case, including presiding over the trial and ruling on evidentiary issues. 9. The concurrence of all opposing counsel was sought and counsel consents to the present motion. 10. Plaintiff is represented by Michael E. Kosik, Esquire of Angino &Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 11. Defendant is represented by Brooks Foland, Esquire, Thomas, Thomas & Hafer, PO Box 999, Harrisburg, PA 17108, (717) 237-7100. 543744 WHEREFORE, Plaintiff respectfully request that this Honorable Court issue an Order making the Rule Absolute and molding the verdict in the present case to include delay damages for a total verdict of$263,988.70. 4r, AN : ;./00 it R, P.C. Michael E. Kosik PA I.D. No. 36513 4503:N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkoik@angino-rovner.com Attorney for Plaintiff 543744 CERTIFICATE OF SERVICE AND NOW, this 7th day of January 2014, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE in the United States mail, postage prepaid at Harrisburg,Pennsylvania, addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 ilL A-42: ` r Michelle M. Milojevich 543744 ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION-LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER, JR., LLC,PATRICK F. LAUER, : JR, AND PATRICK F. LAUER,JR. • LIVING TRUST, Defendant : JURY TRIAL DEMANDED NOTICE OF ENTRY OF FINAL JUDGMENT TO: Brooks Foland,Esquire You are hereby notified that on January 10, 2014, Plaintiff filed a Praecipe for Entry of Final Judgment in the above-captioned case, a copy of whic attached. 4#77 Michael E. Kosik, Esquire Attorney I.D.No. 36513 Attorney for Plaintiff 544211 {_ .1 T THE PPti i ��JfS3 „,h i 2011i JAN I 0 PM 3 13 DLIMBERLAND COO T Y ANGINO&ROVNER,P.C. PENNSYLVANIA Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) • E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA. v. : CIVIL ACTION-LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR., LLC, PATRICK F. LAUER, : JR, AND PATRICK F. LAUER, JR. LIVING TRUST, •• Defendant : JURY TRIAL DEMANDED PRAECIPE TO ENTER FINAL JUDGMENT To the Prothonotary of Cumberland County: Pursuant to Judge Christylee Peck's Order of December 11, 2013, molding the jury's verdict to award Plaintiff the total lump sum damages of $237,500 and Judge Peck's Order of January 9, 2014 molding the verdict to reflect the addition of delay damages in the amount of $26,488.70 for a total molded verdict of$263,988.70. A ' e . ,, R, P.C. 400111( . Michael . Kosik cy4 o e cl a`f hi PA I.D.No. 36513 4503 N. Front Street Gki O Harrisburg, PA 17110 APP-6.3Y (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiff pace_ A.,..r rei 444490 CERTIFICATE OF SERVICE AND NOW, this 10th day of January 2014, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PRAECIPE in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108 intadb 27)' Michelle M. Milojevich 544211 29 11,lBC�r PH 4. E ANGINO&ROVNER,P.C. Ifit Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1799 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:mkosik @angino-rovner.com SALLY OWEN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : NO. 10-2507 CIVIL LAW OFFICE OF PATRICK F. LAUER,JR., LLC, PATRICK F. LAUER, : JR,AND PATRICK F. LAUER,JR. LIVING TRUST, • Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. Please have the Judgment marked as satisfied. P'40••'" • '1ER, P.C. Michael E. Kosik, Esquire I.D.No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 545520