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HomeMy WebLinkAbout10-5059FL T :,- William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ Troy Stoltenburg and Jennifer Stoltenburg Plaintiffs vs Linda M. Beichler ?uls a PM In the Court of Common Pleas of Cumberland County, Pennsylvania No. 10 - ,mod 5-? Civil Term 4892 Waggoners Gap Rd. Civil action law Landisburg, PA 17040 Jury Trial Demanded Defendant Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Linda M. Beichler. William P. Doug Attorney for date: Monday August 2, 2010 Esq. ntiff 01, oo pd a47 K6 Ck * /s ys- ,e', IG ib ? Commonwealth of Pennsylvania County of Cumberland Troy Stoltenburg and Jennifer In the Court of Common Pleas of Stoltenburg Cumberland County, Pennsylvania Plaintiffs vs Linda M. Beichler 4892 Waggoners Gap Rd. Landisburg, PA 17040 Defendant No. 10 - s p S / Civil Term Civil action law Jury Trial Demanded Writ of Summons To: Linda M. Beichler 4892 Waggoners Gap Road Landisburg, PA 17040 You are hereby notified that Troy Stoltenburg and Jennifer Stoltenburg have brought an action against you. date: August 2, 2010 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff eputy Prothonotary ~ ) - DONALD L. CARMELITE, ESQUIIZE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Linda Beichler ~~w~ iY~ 41f~ IC.- cu ~~ v~-~ TROY AND JENNIFER STOLTENBURG Plaintiffs v. . NO: 10-5059 Civil Term LINDA M. BEICHLER Defendant : IN THE COURT QF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW Jury Trial Demanded ENTRY OF APPEARANCE To the Prothonotary: Please enter our appearance on behalf of the Defendant, Linda M. Beichler, in the above captioned case. Respectfully submitted, Dated: ~2 1 ~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN l Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 1~ CERTIFICATE OF SERVICE I, Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing Entry of Appearance has been served upon the following known counsel and parties of record this ~ day of September, 2010, via first class mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 ~G2~ ~ Sarah Kuhn OS/635443.v1 DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Linda Beichler ID SEF' l3 ???LVAti??`?Nrt PENN5 A TROY AND JENNIFER STOLTENBURG : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 10-5059 Civil Term V. LINDA M. BEICHLER Defendant CIVIL ACTION - LAW Jury Trial Demanded PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs, Troy and Jennifer Stoltenburg, to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. MARS LL DENNEHEY, WARNER, CO MAN GOGGIN q) C? 'I) b Dated: ) Plonald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 TROY AND JENNIFER STOLTENBURG Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 10-5059 Civil Term V. LINDA M. BEICHLER Defendant CIVIL ACTION - LAW Jury Trial Demanded RULE AND NOW, this 134 day of 2010, upon consideration of the foregoing Praecipe, Plaintiffs are hereby ordered to file a Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: r CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR A RULE TO FILE COMPLAINT has been served upon the following known counsel and parties of record this _ 4A) day of September 2010, via United States First-Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 /J, Sarah A. Kuhn 05/636511.x1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~p-Ca'-~ICE Ronny R Anderson ~, ~1~ r~.'`°,'' ~h!n7~?Y Sheriff ; ,~;, Jody S Smith ~~ ~;~ ~~,~ °~ ~~ ~' ~~ Chief Deputy Richard W Stewart CV~'~R~' ;L1 {~'~~~ Solicitor pENtiSYLVANIA Troy Stoltenburg vs. Linda M. Beichler Case Number 2010-5059 SHERIFF'S RETURN OF SERVICE 08/13/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Linda M. Beichler, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Writ of Summons according to law. 08/31/2010 Perry County Return: And now, August 31, 2010 I, Carl E. Nace Sheriff of Perry County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Linda M. Beichler the defendant named in the within Writ of Summons and that I am unable to find her in the County of Perry and therefore return same NOT FOUND. After several attempts no contact was made with the defendant. SHERIFF COST: $37.44 September 01, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 10-5059 Civil Cumberland Co. Troy & Jennifer Stoltenburg VS Linda M. Beichler 4892 Waggoners Gap Rd. Landisburg, PA 17040 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Linda M. Beichler, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons for the above named Defendant(s) Linda M. Beichler at 4892 Waggoners Gap Rd., Landisburg, PA 17040. NOT FOUND. NO CONTACT MADE AFTER 5 ATTEMPTS. WRIT EXPIRED. Sincerely, Sworn and subscribed to before me this 3 ~ St~day of ~, 2010. COMMOi~VYEAITH OP PENNSYLVANIA iAt. SEA . MARGARET F. fIfCKINGER, Notary Public Bloomfield Baro, Parry Canty M Corttmisoion iron Feb.16,2012 ~~~ Carl E. Nace Sheriff of Perry County -oauc-~ aM--:o6 C~rnrnon~veal~h of P~nn~~l~wania SpERRv o~~T~ E Co~.nty ®f Cumberland Troy Stoltenburg and Jennifer In the Court of Common Pleas of Stoltenburg Cumberland County, Pennsylvania Plaintiff vs No. 1~ - SOSy Civil Term Linda M. Beichler 4892 Waggoners Gap Rd. Civil action law Landisburg, PA 17040 Jury Trial Demanded Defet2darit Writ of Summons To: Linda 1VI. Beichler 489?_ ~ti'aggoners Gap Road Landisburg, PA 17040 You are hereby notified that Troy Stoltenburg and Jennifer Stoltenburg have brought an action against you. D puty Prothonotary date: August 2, 2010 titi'illiam P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff TRUE COPY FROM RECORD M Testimony whereof, i here unto set my hand and the~lse~l of said Cou at f ;a~~~~ pa. Thk..d:=day d ~,.. 4- ~ id Commonwealth of Pennsylvania County of Cumberland Troy Stoltenburg and Jennifer In the Court of Common Pleas of Stoltenburg Cumberland County, Pennsylvania 11177 tl ~{S vs No. 10 - SOSy Civil Term Linda M. Beichler 4892 Waggoners Gap Rd. Civil action law Landisburg, PA 17040 Jury Trial Demanded Defelzdal~t Writ of Summons To: Linda M. Beichler 4892 Waggoners Gap Road Landisburg, PA 17040 You are hereby notified that Troy Stoltenburg and Jennifer Stoltenburg Have brought an action against you. D puty Prothonotary date: August 2, 2010 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand and the~~s,,~e~a,~~l of said Cou at Carlisle, pa, This day d r1F' u-SI , 20 /d F1LED-QFFIC~ ~~ T~;E ~OT~-;OF~OTAR';' DOUGLAS LAW OFFICE 43 W. SOUTH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ~~~~ ~~~ Z~ ~" ~~ ~ ~1/ILLIAM P. DOUGLAS, ESQ. rUt~BERE-AaD ~~i~kp~-~~~upreme Court I.D.# 37926 ~'Ei3~t5Y1.4't'~F~IA Troy Stoltenburg and Jennifer In the Court of Common Pleas of Stoltenburg h/w Cumberland County Pennsylvania Plaintiff vs No. 5059 Civil Term 2010 Linda Beichler Civil Action Law Defendant Jury Trial Demanded NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATE: October 22, 2010 BY ` Complaint 1. Plaintiffs, Troy Stoltenburg and Jennifer Stoltenburg, husband and wife, are adult individuals residing at 65 Pine Tree Drive, Newville, Cumberland County, Pennsylvania. 2. Defendant, Linda Beichler, is an adult individual residing at 4892 Waggoners Gap Road, Landisburg, PA, 17040. 3. On or about August 1, 2008, the Plaintiffs were occupying their vehicle and were traveling in an easterly direction on York Road, SR74, in South Middleton Township, Cumberland County, Pennsylvania in the vicinity of Valley and Fairfield streets. 4. At that same time, the defendant was driving on the same roadway in the same direction as the plaintiff. 5. The defendant was following behind the plaintiffs' vehicle and failed to observe that the plaintiffs' vehicle had stopped and was waiting for traffic that was attempting to turn. 6. The defendant operated her vehicle in a negligent manner and proceeded to collide with the vehicle of the plaintiff. 7. The defendant's negligence consists of, among other things, the following acts and/or omissions, which substantially contributed to and were the proximate cause of the harm suffered by Plaintiffs: a. Failing to maintain a proper lookout for other vehicle on the roadway; b. Failing to drive within the assured clear distance ahead; c. Failing to have the vehicle under proper and adequate control; e. Failing to apply the brakes in time to avoid the collision; f. Driving to fast for conditions in violation of vehicle code §3361. 8. As a direct and proximate result of the accident the plaintiffs were injured. COUNTI JENNIFER STOLTENBURG vs LINDA BEICHLER 9. The averments of paragraphs 1 through 8, inclusive, are incorporated herein by reference. 10. As a direct and proximate result of the negligence of The defendant as stated above, Plaintiff, Jennifer Stoltenburg, suffered injury and/or aggravation to her spine and supporting structures resulting in pain radiating into her head. 11. As a direct and proximate result of the negligence of the defendant, Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered and she will continue to incur medical expenses in the future. 12. As a direct and proximate result of the negligence of the defendant, Plaintiff has undergone, and may in the future undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. 13. The defendant had a duty to Plaintiff to act according to the rules of the road and laws of the Commonwealth, but breached such duty through her negligence as set forth above. 14. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. WHEREFORE, Plaintiffs demand judgment against Defendant in excess of an amount requiring compulsory referral to arbitration, including costs of suit, and any other relief this court deems appropriate. COUNT II TROYSTOLTENBURG vs LINDA BEICHLER 15. The averments of paragraphs 1 through 14, inclusive, are incorporated herein by reference. 16. As a direct and proximate result of the negligence of The defendant as stated above, Plaintiff, Troy Stoltenburg, suffered injury and/or aggravation to his spine and supporting structures. 17. As a direct and proximate result of the negligence of the defendant, Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered and he will continue to incur medical expenses in the future. 18. As a direct and proximate result of the negligence of the defendant, Plaintiff has undergone, and may in the future undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in his pursuit of daily activities, all to his great loss and detriment. 19. The defendant had a duty to Plaintiff to act according to the rules of the road and laws of the Commonwealth, but breached such duty through her negligence as set forth above. 20. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. WHEREFORE, Plaintiffs demand judgment against Defendant in excess of an amount requiring compulsory referral to arbitration, including costs of suit, and any other relief this court deems appropriate. COUNT III JENNIFER STOLTENBURG and TROY STOLTENBURG vs LINDA BEICHLER 21. The averments of paragraphs 1 through 20, inclusive, are incorporated herein by reference. 22. Jennifer Stoltenburg and Troy Stoltenburg are husband and wife and were married at the time of the accident. 23. As a direct and proximate result of the injuries sustained by the plaintiff Jennifer Stoltenburg and Troy Stoltenburg, have both suffered a loss of the aid, assistance, comfort, companionship and society of her spouse. WHEREFORE, Plaintiffs demand judgment against Defendant in excess of an amount requiring compulsory referral to arbitration, including costs of suit, and any other relief this court deems appropriate. Respectfully submitted, William P. Douglas, Es Attorney for Plaintiffs October 22, 2010 VERIFICATION This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. October 22, 2010 - C' s, , b ID? I Psi 2:. DONALD L. CARMELITE, ESQUIRE ID No: 84730 ?Marshall, Dennehey, Warner, Coleman & Goggin F V S +..°, -n° 1.114! A 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Linda Beichler TROY AND JENNIFER STOLTENBURG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs NO: 10-5059 Civil Term V. LINDA M. BEICHLER CIVIL ACTION - LAW Defendant Jury Trial Demanded NOTICE TO PLEAD To: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Plaintiff You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. submitted, Y WARNER November -L' 2010 Donald L. Carmelite, Esquire Attorney for Defendant ID# 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3504 i 'J ?r 05l656825.v 1 l 14 s t i DONALD L. CARMELITE, ESQUIRE ID No: 84730 H 2, Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B `` ` L f s a " L? ""I' } Harrisburg, PA 17112 r' $`; `_-!?' "'' (717) 651-3504 Attorney for Defendant Linda Beichler TROY AND JENNIFER STOLTENBURG : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs NO: 10-5059 Civil Term V. LINDA M. BEICHLER Defendant CIVIL ACTION - LAW Jury Trial Demanded DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT And now comes defendant Linda M. Beichler, by and through her counsel Marshall Dennehey Warner Coleman & Goggin and files this Answer with New Matter to plaintiffs' Complaint and in support thereof avers as follows: 1. Admitted in part and denied in part. It is admitted that plaintiffs are who they say they are. All remaining averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 2. Admitted. 3. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demand at time of trial. 4. Denied. The averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 5. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 6. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 7. (a. through f.) Denied. The averments set forth in this Paragraph including its subparts constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 8. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. COUNTI Jennifer Stoltenbure v. Linda Beichler 9. Answering Defendant incorporates her responses to Paragraphs 1-8 as if set forth fully herein. 10. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 11. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 12. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 13. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 14. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. WHEREFORE, defendant Linda Beichler demands judgment in her favor and against plaintiffs together with such other relief as this Court deems just and appropriate. COUNT 11 Troy Stoltenburg v. Linda Beichler 15. Answering Defendant incorporates her responses to Paragraphs 1-14 as if set forth fully herein. 16. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 17. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 18. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 19. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 20. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. WHEREFORE, defendant Linda Beichler demands judgment in her favor and against plaintiffs together with such other relief as this Court deems just and appropriate. COUNT III Jennifer Stoltenbura and Troy Stoltenbure v. Linda Beichler 21. Answering Defendant incorporates her responses to Paragraphs 1-20 as if set forth fully herein. 22. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 23. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. WHEREFORE, defendant Linda Beichler demands judgment in her favor and against plaintiffs together with such other relief as this Court deems just and appropriate. NEW MATTER DIRECTED TO PLAINTIFFS 26. Plaintiffs have failed to state a cause of action against Defendant upon which relief can be granted. 27. Plaintiffs' claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs' alleged damages, all such damages being expressly denied. 29. Any and all damages as described by Plaintiffs in their Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiffs and/or others over whom Defendant had no control or right of control. 32. Defendant breached no duty of care owed to Plaintiffs under the circumstances. 33. Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 34. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 35. Plaintiffs' claims may be barred by the defenses listed in Pa.R.C.P. 1030 as discovery may prove out. WHEREFORE, defendant Linda Beichler demands judgment in her favor and against plaintiffs together with such other relief as this Court deems just and appropriate. WARNER Dated: November IL, 2010 DoMd L. Carmelite, Esquire Attorney for Defendant ID# 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3504 VERIFICATION I, Donald L. Carmelite, Esquire, Attorney for Defendant, Linda M. Beichler, verifies that the facts set forth in Defendant's Answer to Plaintiffs Complaint are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Donald L!Carmelite, Esquire DATE: November A?72010 CERTIFICATE OF SERVICE I, Lisa J. Wallace, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing defendant's Answer with New Matter has been served upon the following known counsel and parties of record this/ day of November, 2010, via first class mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Plaintiff _ FIL 11,-0, FFi(-r DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Linda Beichler 19 VOY 18 AtI l ? ?- '? si it. d ft" yC TROY AND JENNIFER STOLTENBURG : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 10-5059 Civil Term V. LINDA M. BEICHLER Defendant CIVIL ACTION - LAW Jury Trial Demanded PRAECIPE TO SUBSTITUTE ATTORNEY VERIFICATION TO: THE PROTHONOTARY Kindly substitute the Verification of Linda M. Beichler for the Verification of counsel which had accompanied Defendant's Answer and New Matter to Plaintiffs' Complaint in this matter and file the same of record with this enclosed Praecipe. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: S."a 4, I.L. hurl Donald L. Carmelite, Esquire Attorney for Defendant ID# 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3504 Dated: November 18, 2010 VERIFICATION I. Linda M. Beichler, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. LINDA M. BEICHLER Dated: 13238-01428/AWNM CERTIFICATE OF SERVICE I, Lisa J. Wallace, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing defendant's Praecipe to Substitute Verification has been served upon the following known counsel and parties of record this day of November, 2010, via first class mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 0JP/G/1V4'0J IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- r , CASE NO: 10-50i? LINDA BEICHLER (?r_ ?? lF f. .-t As a prerequisite to service of a subpoena for documents and things na3sua 4 :r. to Rule 4009.22 ]aC ...4. MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT MCS on behalf of /S/ 2onapCd/oC/1. C /?a,meLite,e DLBEARD@MDWCG.COM MCS # 82678-101 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TROY & JENNIFER STOLTENBURG -vs- LINDA BEICHLER COURT OF COMMON PLEAS TERM, CASE NO: 10-5059 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 APPALACHIAN ORTHOPEDIC CENTER CARLISLE NEUROCARE INC. GRAHAM MEDICAL CLINIC WEIGHT LOSS CLINIC WALNUT BOTTOM RADIOLOGY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of DONALD L. CARMELITE, ESQ. intends 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/23/2011 CC: DONALD L. CARMELITE, ESQ. - 13238.01468 WILLIAM P. DOUGLAS, ESQ. DOUGLAS, DOUGLAS, ET AL 43 WEST SOUTH STREET CARLISLE, PA 17013 MCS on behalf of DONALD L. CARMELITE, ES Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 82678-C01 DF02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. l?O ?J-?J I SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for APPALACHIAN ORTHOPEDIC CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc 1601 Market Street, it 800, Philadelphia. PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD -SUITE B -HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: DIA1r'C D ?p U- Pro honotary/Cler vil Division JUN 14 2011 5-19-o-ti eluty Date: Seal of the Court 82678-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER I DUNWOODY DRIVE CARLISLE, PA 17013 RE: MCS # 82678-LO1 JENNIFER STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY, IN/OUT PATIENT RECS,PT REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82678-LO1 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2onala/oC/1. Carmelite, . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82678-L02 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG Vs. LINDA 13EICHLER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE NEUROCARE INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800 Philadelphia PA 19103 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: DONALD L. CARMELITE, ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onotary/Cle k, v' Division = JUN 14 2011 S _ De uty Date: )L [ I Seal of the Court 82678-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE NEUROCARE INC. 220 WILSON STREET SUITE 210 CARLISLE, PA 17013 RE: MCS # 82678-LO2 JENNIFER STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans. CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY, IN/OUT PATIENT RECS,PT,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82678-LO2 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -vs- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2onala/ct- C, /?armebe-e DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARDC(,)MDWCG. COM MCS # 82678-LO3 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOL TENBURG vs. LINDA BEICHLER FileNo. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ GRAHAM MEDICAL CLINIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street. Suite 800, Philadelphia, PA 19103 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: DONALD L. CARMELITE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 14 2011 Date: S A- Seal of the Court BY THE COURT: onotary/Cl rk vil Division 4 Pro D uty 82678-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GRAHAM MEDICAL CLINIC 100 SOUTH HIGH STREET NEWVILLE, PA 17241 RE: MCS # 82678-LO3 JENNIFER STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PATHOLOGY,REHAB RECS,PT & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82678-L03 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2onald/oC. ?arvneCite, ? . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82678-L04 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ WEIGHT LOSS CLINIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ^4AJrb/ Pro onotar2rk, vil Division 4 De ty ???? 211 Date: Seal of the Court 82678-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEIGHT LOSS CLINIC 4315 LONDONDERRY RD. HARRISBURG, PA 17109 RE: MCS # 82678-L04 JENNIFER STOLTENBURG 65 PINE TREE DRIVE NEWVIL.LE, PA 17241 P-,ease provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,PT,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82678-L04 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82678-L05 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG File No. J? vs. LINDA BEICHLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WALNUT BOTTOM RADIOLOGY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street Suite 800 Philadelphia. PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: -DAyrD? f- LL Prothonotary/Clerk, Civil Division UN 14 2011 Deputy Date: vDV` l 1 Seal of the Court 82678-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WALNUT BOTTOM RADIOLOGY 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: MCS # 82678-L05 JENNIFER STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PT,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82678-L05 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: TROY & JENNIFER STOLTENBURG -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 10-5059 LINDA BEICHLER r..„ As a prerequisite to service of a subpoena for documents and things piziallarftj to Rule 4009.22 v: < p -° t MCS on behalf of DONALD L. CARMELITE, ESQ.? J certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:_06/14/2011 r..., f ,9 rt:t MCS on behalf of /S/ 2onald/,,/I. /? (?armakle (C . DONALD L. CARMELITE, ESQ. Atto y or DEFENDANT i DLBEARDPMDWCG.COM MCS # 82832-LOI DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TROY & JENNIFER STOLTENBURG -VS- LINDA BEICHLER COURT OF COMMON PLEAS TERM, CASE NO: 10-5059 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of DONALD L. CARMELITE, ESQ. intends 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/23/2011 CC: DONALD L. CARMELITE, ESQ. - 13238.01468 WILLIAM P. DOUGLAS, ESQ. DOUGLAS, DOUGLAS, ET AL 43 WEST SOUTH STREET CARLISLE, PP, 17013 MCS on behalf of DONALD L. CARMELITE, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 82832-COl DF02 LOCATION NAME GEORGE P. BRANSCUM, JR., M.D. CARLISLE REGIONAL MEDICAL CTR CARLISLE REGIONAL MEDICAL CTR CARLISLE REGIONAL MEDICAL CTR CARLISLE REGIONAL MEDICAL CTR CUMBERLAND ORTHOPEDIC & SPINE HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. CRAIG JURGENSEN, M.D. WALNUT BOTTOM RADIOLOGY YELLOW BREECHES EMS >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY PATHOLOGY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMS RECORDS PAGE: 1 MCS # 82832-COI DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. File No. 10-5059 LINDA BEICHLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ GEORGE P BRAN UM, JR.. M D (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The M Group. Inc., 1601 Market Street, Suite 800. Philadelphia- PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISB R , PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant T 4 2011 Date: Seal of the Court BY THE COURT: T'U Prot onotary/ erk Civil Division e%4,f I r4q. D uty 82832-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEORGE P. BRANSCUM, JR., M.D. 850 WALNUT BOTTOM ROAD SUITE 101 CARLISLE, PA 17013 RE: MCS # 82832-LOI TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY, IN/OUT PATIENT RECS,PT,REHAB & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-LOI SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ IonaQd off. Carmetile ?? . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD0)MDWCG . COM MCS # 82832-LO2 DE11 COMMONWEALTH. OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 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: DONALD L. CARMELITE ESO ADDRESS: 4200 CRUMS MILL ROAD SUITE B -HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUIV 14 2011 Date: S "6;10'[! Seal of the Court BY THE COURT: Prot onotary/C1 rk, ivil Division -1 %4 De uty 82832-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR MEDICAL RECORDS 246 PARKER STREET CARLISLE, PA 17013 RE: MCS # 82832-L02 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,REHAB,LAB REPORTS & PT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L02 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:_06/14/2011 MCS on behalf of /S/ 2onaCd o/?t. C /?arMe"te, e3G,. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-L03 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M Group- Inc. 1601 Market Street, Suite 800, Philadelphia- PA 19103 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: DONALD L. CARMELITE, ESQ ADDRESS: 4200 CRUMS MILL ROAD _SUITE B HARRISBURG, PA 17112 TELEPHONE: -(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ;JUN 14 2011 Date: S -?-c-i ) Seal of the Court BY THE COURT: i 1) %L3QDL Prothonotary/Clerk, Civil Division Deputy 82832-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CTR BILLING DEPT 246 PARKER STREET CARLISLE, PA 17013 RE: MCS # 82832-L03 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide any and all billing, insurance claims, and payments, outstanding and delinquent invoices. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L03 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2ona/?dfoC/? . Ca,meCite ?J . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM 'MCS # 82832-L04 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The M Group, Inc. 1601 Market Street Suite 800, Philadelphia, PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant lp 14 2011 Date: (S Seal of the Court BY THE COURT: Pro onotary/C erk, Civil Division Deputy 82832-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR PATHOLOGY DEPT 246 PARKER STREET CARLISLE, PA 17013 RE: MCS # 82832-LO4 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide any and all pathology reports and records. This should contain all pathology records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis care or treatment. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-LO4 SU1O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2onaD`a/ot (farmelite Cj . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-LO5 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B __HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: , . U_ Pro onotary/C Civil Division ?qqr4 ?V 19 jd? 14 0' 2011 De uty Date: ? Seal of the Court 82832-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CTR RADIOLOGY DEPT 246 PARKER STREET CARLISLE, PA 17013 RE: MCS # 82832-1-05 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. INCLUDING CT SCANS & MRI FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L05 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2ona?jCd/ Cartneble ej DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-L06 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BE[CHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ CUMBERLAND ORTHOPEDIC & SPINE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 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: DONALD L. CARMELITE, ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ?-D USILL Pro honotary/ erk, Civil Division - 2011 D uty Date: d?~ Seal of the Court 82832-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND ORTHOPEDIC & SPINE PHYSICAL THERAPY 6375 MERCURY DR #100 MECHANICSBURG, PA 17050 RE: MCS # 82832-L06 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PT RECS,IN/OUT PATIENT RECS,REHAB, LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L06 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2onald/,>,n. Carmelite, f' ?jq. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-L07 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG File No. 10-5059 vs. LINDA BEICHLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia- PA 19103 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: DONALD L. CARMELITE, ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onotary/C , Civil Division . 2011 De uty 74 Date: Seal of the Court 82832-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HERSHEY MEDICAL CENTER MEDICAL RECORDS**HU24 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: MCS # 82832-L07 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: 182-64-8950 Date of Birth: 08-29-1969 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,REHAB,LAB REPORTS & PT RECS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L07 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG -vs- LINDA BEICHLER TERM, CUMBERLAND CASE NO: 10-5059 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /? /S/ 2onala off, C?arm& ite . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-L08 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc., 1601 Market Street, Suite 800, Philadelphia PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CR M MILL ROAD SUITE B -HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onotary/ le , Civil Division .......? 4 2011 uty Date: Seal of the Court 82832-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HERSHEY MEDICAL CENTER BILLING DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: MCS # 82832-L08 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: 182-64-8950 Date of Birth: 08-29-1969 Please provide any and all billing, insurance claims, and payments, outstanding and delinquent invoices. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L08 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14;2011 MCS on behalf of /S/ 2onapfd/oCn, Carmelite, 4? . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-LO9 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street Suite 800 Philadelphia- PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 2011 Seal of the Court BY THE COURT: a? -&su- Prothonotary/C erk, Civil Division D uty 82832-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HERSHEY MEDICAL CENTER RADIOLOGY DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: MCS # 82832-LO9 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE. PA 17241 Social Security #: 182-64-8950 Date of Birth: 08-29-1969 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. INCLUDING MRI & CT SCANS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L09 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG -VS- LINDA BEICHLER TERM, CUMBERLAND CASE NO: 10-5059 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A Copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ oLJonala ct Carwekle, ej DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARDPMDWCG.COM MCS # 82832-L1O DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG File No. 10-5059 vs. LINDA BEICHLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street Suite 800 Philadelphia PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: otary/Clerk ivil Division -- - JUN 14}} 2011 ADputy S Date: 0-t6- i 1 Seal o f the Court 82832-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER PATHOLOGY DEPT 500 UNIVERSITY DR. HERSHEY, PA 17033 RE: MCS # 82832-L10 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: 182-64-8950 Date of Birth: 08-29-1969 Please provide any and all pathology reports and records. This should contain all pathology records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis care or treatment. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L10 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -vs- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /S/ 2onald/c/I. Carmelite, (?J DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-Lll DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG File No. 10-5059 vs. LINDA BEICHLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for J. CRAIG JURGENSEN, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia- PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 1*V-PD 17_> RUC.,,LL. Pro onotary/CI rk C'vil Division 49 't" , A 2011 De u ty Date: Seal of the Court 82832-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR J. CRAIG JURGENSEN, M.D. 850 WALNUT BOTTOM ROAD BELVEDERE MED'L CTR. CARLISLE, PA 17013 RE: MCS # 82832-L11 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,REHAB,PT & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-Lll SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /s/ \ ?JO/2alc//oL/'?, I earmebe Ci , DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 82832-L12 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ WALNUT BOTTOM RADIOLOGY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 4UI onotary/Cl akil Division JUN 14 2011 4Duty Date: - r/ Seal of the Court 82832-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR WALNUT BOTTOM RADIOLOGY 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: MCS # 82832-L12 TROY STOLTENBURG 65 PINE TREE DRIVE NEWVIL.LE, PA 17241 Social Security #: XXX-XX-8950 Date of Birth: 08-29-1969 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans. EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PT,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 82832-L12 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TROY & JENNIFER STOLTENBURG TERM, CUMBERLAND -VS- CASE NO: 10-5059 LINDA BEICHLER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/14/2011 MCS on behalf of /? /S/ IonaDd/oC/?, curmojile ?J . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD,MDWCG.COM MCS # 82832-L13 DE11 MMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TROY & JENNIFER STOLTENBURG vs. LINDA BEICHLER File No. 10-5059 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YELLOW BREECHES EMS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCSi_roup. Inc.. 1601 Market Street Suite 800, Philadelphia- PA 19103 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: DONALD L. CARMELITE, ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: RPSLL Prot onotary/Cle ivil Division r.11,1 C11 I 9, K JUN 14 2011 Date: 3 J dn-t De uty Seal of the Court 82832-13 `~= TP'~ ~'~aTHONOTA~~ i~12 ~l~C I ~ ~~ 1= 09 Ct?M~3ERLAt~D CQUNTY PCtdNSYt-VAN1A MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID No: 84730 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3504 Our File No. 13238-01468 Attorney for Defendant Linda Beichler TROY and JENNIFER IN THE COURT OF COMMON PLEAS STOLTENBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. NO. 10-5059 CIVIL TERM LINDA M. BEICHLER Defendant JURY TRIAL DEMANDED DEFENDANT BEICIILER'S MOTION FOR A STATUS CONFERENCE 1. Plaintiffs commenced this action through a Writ of Summons filed on August 2~, 2010. 2. Defendant Beichler Ruled Plaintiffs to file a Complaint on September 13, 201 3. Thereafter, Plaintiffs filed their Complaint on October 22, 2010. 4. Defendants filed their Answer with New Matter on or about November 13, 20 5. This matter arises from arear-end motor vehicle accident that occurred on 1, 2008 in South Middleton Township, Cumberland County, Pennsylvania. 6. The parties exchanged written discovery requests and Defendant deposed Plaintiffs Troy and Jennifer Stoltenburg. 1 7. It is Defendant's understanding that Plaintiffs do not wish to depose Defendant Beichler and that they require no additional discovery. Following Plaintiffs' depositions, counsel for Defendant requested Plaintiffs' counsel to submit to a proposed Case Management Plan. Defendant wished to keep this moving forward. (See counsel's correspondence dated May 1, 2012, attached hereto as Exhi ,.A..,) 9. Also, after the Apri126, 2012 depositions of Plaintiffs, Defendant's counsel requested Plaintiffs' good faith settlement demand. After repeated requests for such a Plaintiffs have still not provided Defendant, or its carrier, with their demand. 10. Defendant Beichler seeks a status conference with This Honorable Court for purpose of establishing pre-trial deadlines including the close of fact discovery, production expert reports, and opening a possible settlement dialog. 11. Pursuant to Cumberland County Local Rule 208.3(a)(9), undersigned counsel certifies he sought concurrence of this Motion and proposed Order with Plaintiffs through counsel. (See counsel's correspondence dated August 2, 2012, attached hereto as Exhibit "B". 12. Plaintiffs' counsel did not respond to Defendant's request for a concurrence. WHEREFORE, Defendant Linda M. Beichler respectfully requests that This Court grant her Motion for a Status Conference and schedule a hearing for the parties' counsel~at This Honorable Court's earliest convenience. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: ~ ~~ Donald L. Carmelite, Esquire Attorney for Defendant ID# 84730 4200 Crums Mill Road, Suite B 2 Harrisburg, PA 17112 717-651-3 504 Dated: August ~, 2012 Confiirmation Report- Memory Send Pass :001 Date O TI^e: 05-01-12 01:3Tpa Line 1 : 71T-651-0630 Liae 2 Bach 1 ne I D : 1DMCf~G Job nwber 6TT Date 05-01 01:30p~ To : a2438l55 Number of poses 085 Start tine 05-01 01:35p~ End tie~e 05-01 01:3Tp~ Pass sent 005 Status OK Job number : 6TT *** SEND SLtCCESSFUL *** ~~. ..~, f r ~ • w a~ r r.r•"w a n -8 • ar d w w f e~w ~. ~, .,.- ... ~f'as~ 1Vii~ Yid. ~ti~-it+ $, ~arr~iri~.x'~. PII~ 1'T11~ TOr: 4d~71+~pAT/Ys '!'~LitY~iONS y-AX PTILJM'9 a W 1 1 A EYs Xc OtIR F~1.~ Ns Y3~3~i 1~4dri 1iA'C~f ~1$Ml/12 OhlJt`J~fA'POiti A1V~:m~w C/kS= 1YAM~s $tts16 v. leir Ci..Al7Y[ th ~`1'e" CiC7~+'~' ~T~' ~#.~':~.~iC'~w~~ CJYK 1'1VYGG~-J1t~°`.i «~'TJ ., ;?? MARSHALL, DENNEHEY, WARNER, COLEMAN ~ GOGGIN A P R O P F. S S I O N A L ~: O R P O R A 'i I O n wWiP.II>a2'9I18II[I8rrII8111Cy.COrrl 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 TO: FACSIMILE TRANSMISSION SHEET COMPANY: William P. Douglas, Esq. Douglas Law Office TELEPHONE FAX NU] 717-243-1790 717-243 ATTORNEY: Allison M. Domday NUMBER: (717) 651-3538 OUR FILE #: 1323801468 DATE: 05/01/12 ORIGINATOR: AMD:mgw CASE NAME: Stoltenburg v. Beichler CLAIM #: NUMBER OF PAGES: (including cover page) IF COPY IS ILLEGIBLE OR INCOMPLETE PLEASE CALL (717) 651-3500 IMMEDIATELY FOR RETRANSMISSION OUR FAX NUMBER IS: (717) 651-9630 space to be used for short or supplemental messages) ***CONFIDENTIALITY NOTICE*** The documents accompanying this telecopy transmission contain information from the law firm of Marshall, Dennehey, Warner, Coleman & Gogg n which is confidential and/or legally privileged. This information is intended only for the use of the individual or entity named on this transmission sheet. If ou are not the intended recipient, you are hereby notified that you should refrain from reading the cornents of the transmission, that any diaclosure, copying, d tribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be retume to this Firm immediately. [n this regard, if you have received this telecopy in error, please notify us by telephone immediately so that we may arrange for a return of the original documents to us. MARSHALL DEN1~ HEY - t'ENNSYLVANta ELAWAKE Bethlehem ! ilmington WARNER COLEMAiv & GOGGI N Doylestown Erie HIO Harrisburg ,leveland A PROFESSIONAL CORPORATION King of Prussia Phil l hi d LORiDA p a e a t. Lauderdale Suite B • Harrisburg, PA 17112 4200 Cruets Mill Road Pittsburgh !; acksonvine , (717) 651-3500 • Fax (717) 651-9630 Scranton '' rlando wiuiamsport ampa NEW fEfiSEY ~VEW YORK Direct Dial: 717-651-3538 Cherry Hili ong Island Email: amdomday@mdwcg.com Roseland ew York City May 1, 2012 VIA FACSIMILE ONLY- (717) 243-8955 William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 RE: Troy Stoltenburg and Jennifer Stoltenburg v. Linda Beichler Cumberland County Court of Common Pleas; No: 10-5059 Claim No: WFC94b85 CM D/L: August 1, 2008 MDWCG File No: 13238-01468 Dear Bill: It was a pleasure seeing you at Plaintiffs' deposition on Apri126, 2012. I look forward to learning Plaintiffs good faith settlement demand. It is my understanding th Plaintiffs require no additional discovery from my client. As Plaintiffs mentioned at this depositions, it is my understanding neither Plaintiff is making a claim for lost wages, or loss of earning capacity. Whe you have had the chance to meet with your clients concerning the demand, please request from them the eceipt, or evidence of the expense they incurred as a result of renting another vehicle while their Yukon as being repaired. Also, please advise if you have placed Medicare or the appropriate Medicare entity on no ce of this accident. If you have, please provide me with the conditional payment amount for the medical trea ent both Plaintiffs allege is related to this accident. Lastly, in order to keep this matter moving forward, I have enclosed a proposed Case Manage ent Plan. Please look over the plan and if you have any objections please let me know. Otherwise, please ex cute your portion of the plan and return it to my attention. I will have Don execute his portion and I will file i of record with the court. ' William P. Douglas, Esquire May 1, 2012 Page 2 Thank you again for your time and attention. I look forward to hearing from you with regard to Plaintiffs' demand. Sincerely, Allison M. Domday AMD:mgw Enclosure OS/874301.v I MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID No: 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Our File No. 13238-01468 Attorney for Defendant Linda Beichler TROY AND JENNIFER STOLTENBURG Plaintiffs v. LINDA M. BEICHLER Defendant Close of fact discovery Plaintiffs Expert Reports due Defendants' Expert Reports due IN THE COURT OF COMMON PL. OF CUMBERLAND COUNTY, PA NO: 10-5059 Civil Term CIVIL ACTION -LAW Jury Trial Demanded CASE MANAGEMENT PLAN Friday, October 5, 2012 Monday, November 5, 20 ~ 2 Monday, December 3, 20 ~ 2 Supplemental Expert Reports Friday, December 21, 20 Submission of all pre-trial motions including dispositive motions Monday, January 7, 201: and Motions In Limine Any party may list for trial consistent with the Cumberland County local rules after DOUGLAS LAW OFFICE By: William P. Douglas, Esquire 43 W. South Street Carlisle, PA 17013 Attorney for Plaintiffs By: Friday, February 1, 2013 MARSHALL DENNEHEY WARNER COLEMAN & GOG IN Donald L. Carmelite, Esquire 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant OS/874299.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID No: 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Our File No. 13238-01468 Attorney for Defendant Linda Beichler TROY AND JENNIFER STOLTENBURG Plaintiffs v. LINDA M. BEICHLER Defendant AND NOW this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 10-5059 Civil Term CIVIL ACTION -LAW Jury Trial Demanded ORDER day of _ 2012, consideration of the parties' agreed to Case Management Plan, the plan is hereby record. DISTRIBUTION LIST: BY THE COURT: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, Pennsylvania 17112 William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 ~f J. A REGIQNAL DEFENSE LITIGATION LAW FIRM M a~.~x~., ~EII~Y, V~h>~, Co~~~x~~t~~~ G©~nv A P R O F E S S I O N A L C O A P O A A T I O N W W W.IDa[Sb~dCIIIIt~1Cy.COM DALSWAAB ~, ~o Al¢on 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Faz (717) 651-9630 Direct Dial: 717-651-3504 Email: dlcarmelite@mdwcg.com August 2, 2012 William P. Douglas, Esquire Douglas Law Office 43 West South Street Cazlisle, PA 17013 RE: Troy Stoltenburg and Jennifer Stoltenburg v. Linda Beicbler Cumberland County Court of Common Pleas; No: 10-5059 Claim No: WFC94685 CM D/L: August 1, 2008 MDWCG File No: 13238-01468 Dear Bill: Enclosed please find a copy of Defendant Beichler's Motion for a Status Conference. Please the close of business on Friday, August 10, whether Plaintiffs concur in Defendant's Motion. Other you wish to discuss this matter further or provide us with a demand, please telephone me at your eaz convenience. Sincerely, Donald L. Cazmelite DLC/AMD/bes Enclosure PLOAmA Ft Iaudcrdale J~~ oaanao Tampa NswYQtt AkwYork ~e by should OS/924107.v1 DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman &Goggin 4200 Crums Mill Road, Suite B Hamsburg, PA 17112 (717)651-3504 Attorney for Defendant Linda Beichler °~ ~~#~ SRO ~QNp TA ka 2~!? AUG ! 7 p~ i; O9 ~~ P~1~VNSYLVgN UNTY rA TROY AND JENNIFER STOLTENBURG Plaintiffs v. LINDA M. BEICHLER Defendant IN THE COURT OF COMMON PL: OF CUMBERLAND COUNTY, PA NO: 10-5059 Civil Term CIVIL ACTION -LAW Jury Trial Demanded CERTIFICATE OF SERVICE I, Lisa J. Wallace, an employee of Marshall, Dennehey, Warner, Coleman &Goggin, hereby certifies that a true and correct copy of the foregoing Motion for Status Conference been served upon the following known counsel and parties of record thisf day of August, via first class mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 12, TROY STOLTENBERG and JENNIFER STOLTENBERG, Plaintiffs vs. LINDA M. BEICHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-5059 CIVIL ORDER AND NOW, this Z Y? day of August, 2012, the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, The Honorable J. Wesley Oler, Jr. William P Douglas, Esquire For the Plaintiffs Donald Calrmelite, Esquire For the Defendant Am sta.lel .eAey- r+ : . GJ TROY AND JENNIFER IN THE COURT OF COMMON PLEAS STOLTENBURG, :CUMBERLAND COUNTY, PENNSYLV PLAINTIFFS V. LINDA M. BEICHLER, DEFENDANT 10-5059 CIVIL TERM ORDER OF COURT AND NOW, this _~'~~_day of August, 2012, upon consideration c Defendant's Motion for a Status Conference, a status conference shall commence a 10:00 a.m., Tuesday, September 4, 2012, Office of Senior Judge, Law Library, 3~ Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~ ~ Donald L. Carmelite, Esquire 4200 Crums Mill Road Harrisburg, PA 17112 William P. Douglas, Esquire 43 W. South Street Carlisle, PA 17013 Court Reporter saa~P-es ~w.t . ~ f ~d ~~a~~i~ ~~'~' ~° s. c N F s ,.: -~ -- NIA f the ;m 4~1 ~~ . x _; ~-. TROY STOLTENBURG and : IN THE COURT OF COMMON PLEAS OF JENNIFER STOLTENBURG, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION v. LINDA M. BEICHLER, Defendant : NO. 10-5059 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 4th day of September, 2012, upon consideration of Defendan 's motion for a status conference, and following a status conference held in the chambers f the undersigned judge in which Plaintiffs were represented by William P. Douglas, Es and Defendant was represented by Allison M. Domday, Esq., and pursuant to agreement of counsel, it is ordered and directed as follows: 1. Fact discovery shall be completed as of Friday, December 14, 2012; 2. Plaintiffs' expert report(s) shall be served upon Defendant's counsel on or before Tuesday, January 15, 2013; 3. Defendant's expert report(s) shall be served upon Plaintiffs' counsel on or before Thursday, February 28, 2013; 4. Supplemental expert reports shall be served upon opposing counsel on or before Friday, March 29, 2013; 5. Any dispositive motion shall be filed on or before Tuesday, April 30, 2013; and 6. Either counsel may list the case for trial following Tuesday, April 30, 2013, or, if a dispositive motion has been filed, following disposition of the motion. _1 M, . / William P. Douglas, Esq. 43 W. South Street Carlisle, PA 17013 Attorney for Plaintiffs / Allison M. Domday, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crams Mill Rd. Harrisburg, PA 17112 Attorney for Defendant C~P~cs ~;led 9~~IJa BY THE COURT,,..-~ J esley Ol r. S 'or Judge N .~ ~~ N -~ ~~ s -~ ~m-, --r, --~ ~~' ~~~ _~ 1(33't?cif;f fi pf"- �9 CUMBERLAND COUNT,( PENNS yLVAQ TROY and JENNIFER IN THE COURT OF COMMON PLEAS STOLTENBURG, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs CIVIL ACTION–LAW V. NO. 10-5059 CIVIL TERM LINDA M. BEICHLER Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. Respectfully submitted, Douglas Law Office By: ..A-- —Q'.�� William P. Douglas, Esqu' 43 West South Street Carlisle, PA 17013 Dated: