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HomeMy WebLinkAbout11-9139SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson { THE HE`- OTNDNOAF? ? Sheriff OF u ??tf„ier, Jody S Smith 2011 DEC 22 PM 2" 30 Chief Deputy , °CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor Karen M. Otstot (et al.) vs. Case Number Jennifer L. Love 2011-9139 SkERIFF'S RETURN OF SERVICE 12/16/2011 06:50 PM - Dennis Fry , D put' Sheriff, who being duly sworn according to law, states that on December 16, 2011 at 1850 hours, h served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Jennife L. Love, by making known unto herself personally, at 8 Willow Way, Enola, Cumberland County, Pen sylvania 17025 its contents and at the same time handing to her personally the said true and correct coq of the same. SHERIFF COST: $43.44 December 19, 2011 DENNfS FRY, DEPUT SO ANSWERS, RONNT? R ANDERSON, SHERIFF (c Gouo?,Suite Shennff, I eleosoft, Inc. TNL PROTii?~? David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 t Ls` i J - i Pi's 2* 0 0' CUMBERLAND CGILINTY PENNSYLVANIA Attorneys for Plaintiffs KAREN M. OTSTOTand ROBERT P. OTSTOT, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT Case No. 11-9139 Civil Term Civil Action -Law JENNIFER L. LOVE, Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set fe in the following pages, you must take action within twenty (20) days after this Complaint Notice are served, by entering a written appearance personally or by attorney and filing writing with the Court your defenses or objections to the claims set forth against you. You warned that if you fail to do so the case may proceed without you and a judgment may be enter against you by the court without further notice for any money claimed in the Complaint or any other claim or relief requested by the Plaintiff. You may lose money or property or otl rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE' OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE( SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4a' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12'h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs KAREN M. OTSTOTand IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVAT Plaintiffs Case No. 11-9139 Civil Term V. Civil Action -Law JENNIFER L. LOVE , Defendant JURY TRIAL DEMANDED COMPLAINT NOW COME Plaintiffs, Karen M. Otstot and Robert P. Otstot, her husband, by attorneys, David B. Dowling, Esquire and Rhoads & Sinon LLP and file the within as follows: PARTIES 1. Plaintiffs, Karen M. Otstot (hereinafter "Karen Otstot") and Robert P. (hereinafter "Robert Otstot"), her husband, are adult individuals who reside at 6356 Locust Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Otstot's carried Full Tort their automobile insurance policy. 2. Defendant, Jennifer L. Love (hereinafter "Jennifer Love") is an adult indivi who resides at 8 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Venue is proper in Cumberland County as the motor vehicle accident occurred the traffic signal at the intersection of Sporting Hill Road and Park Street Exit, Camp Cumberland County, Pennsylvania. FACTUAL BACKGROUND 4. On January 4, 2010, at approximately 5:20 p.m., Karen Otstot's vehicle stopped at a red traffic signal in a line of traffic facing north on South Sporting Hill Road Camp Hill. 5. Traveling behind the Otstot vehicle was a vehicle operated by Defendant Jenni Love. Defendant Love failed to observe the stopped traffic and struck the Otstot vehicle the rear with such force that Karen Oststot's body was thrown forward and backward, injuries to her neck, upper back, left wrist, left ankle and left foot, as described in detail herein. COUNTI Karen Otstot v. Jennifer Love (NEGLIGENCE) 6. The averments of paragraphs 1 through 5 are incorporated herein as if fully forth 7. The negligence and carelessness of Defendant Jennifer Love consists of following acts and omissions which are to be read in conjunction with paragraphs 1 through 5: a. Operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); b. Operating a motor vehicle in a reckless and careless manner in violation of 75 Pa. C.S.A. §3736(a); C. Operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; 2 d. Failing to operate a motor vehicle in such a manner as to avoid causing the collision; e. Operating her motor vehicle at an excessive rate of speed or too fast for conditions; f. Failing to have her vehicle under proper and adequate control such that she could stop before striking the Plaintiff's car; g. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles including the Plaintiff's; h. Operating her motor vehicle in violation of the Assured Clear Distance rule; i. Failing to drive around Plaintiff's vehicle instead of colliding with it; j. Failing to drive in such a manner that her vehicle could be brought to a stop immediately at the first sign of danger; k. Failing to keep a proper lookout; 1. Failure to use appropriate and due care for the rights, safety and position of Plaintiff who was appropriately stopped in a line of traffic on Sporting Hill Road; in. Failure to stop for the red traffic signal controlling the intersection; and n. Failing to apply her brakes prior to colliding into the Plaintiff's vehicle. 8. As a direct and proximate result of the aforesaid occurrence, Plaintiff Otstot suffered physical and personal injuries. 9. Plaintiff Karen Otstot's injuries were caused by the negligence and carelessness Defendant Jennifer Love as outlined in paragraph 7 (a-n) above. 3 10. As a direct and proximate result of the conduct of Defendant Jennifer Plaintiff Karen Otstot suffered painful injuries, including the following: a. limited range of motion, pain, swelling, tightness, numbness and spasms her left ankle and foot, left wrist, upper back and neck.; b. lumbosacral tenderness, back pain, neck stiffness, muscle pain, spa bone and joint symptoms, left arm numbness, left ankle edema discomfort, left hand swelling with pain and stiffness in the left wrist.; C. edema in the subcutaneous soft tissue along the side of the ankle; d. a left wrist scapholunate ligament injury and partial tear, joint degenerative changes, sprain or a bony bruise; e. pain, tingling, and numbness of the left foot with decreased sensation her toes and back of the left foot; f. pain, swelling and stiffness of the first carpometacarpal (CMC) joint in left wrist; g. left wrist sprain with pain, weakness, swelling, and decreased range motion; and, h. nerve damage to the left lower extremity, EMG and nerve conduc study to look for focal entrapment or traumatic neuropathy affecting lower extremity. 11. As a direct and proximate result of the conduct of Defendant Jennifer Plaintiff Karen Otstot underwent lengthy treatment and care, including the following: a. MRI of left ankle showed anterior joint effusion, consistent with trauma the ankle; b. physical therapy; C. work ups for deep vein thrombosis, neuropathy versus exacerbated by the motor vehicle accident; d. application of Diclofenac gel to the left CMC joint, wearing a splint; 4 e. EMG and nerve conduction study to look for focal entrapment traumatic neuropathy affecting the nerve damage to the left lo' extremity; f. oral medications and topical agents to relieve pain; and g. recommendation of left wrist arthroscopy with debridement and wrist denervation. 12. As a direct and proximate result of the injuries described herein, Plaintiff Otstot suffered great pain and discomfort, medical expenses, and other expenses all to detriment and loss, all of which are claimed as damages herein as well as all other allowed by law. WHEREFORE, Plaintiffs Karen Otstot and Robert Otstot, her husband, judgment against Defendant Jennifer Love in an amount which exceeds the jurisdictional requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs of suit, damages and all other damages allowed by law. COUNT II Robert P. Otstot v. Jennifer Love (Loss of Consortium) 13. The facts and allegations of paragraphs 1 through 12 are incorporated herein as more fully set forth. 14. As a direct and proximate result of the above-described occurrence, Plai Robert Otstot has been deprived of the assistance, society and companionship of his Plaintiff, Karen Otstot, all of which has been to his great detriment and emotional loss. Robert Otstot therefore demands damages for loss of consortium. WHEREFORE, Plaintiff Robert Otstot demands judgment against Defendant Love in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to 5 R.Civ.P. 1021(c), together with interest, costs of suit, delay damages and all other allowed by law. RHOAD ON LLP Y: avi owling One South Market Square, 2 h Fl . P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Date: July 31, 2012 6 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein, and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Robert P. Otstot Dated: July 31, 2012 CERTIFICATE OF SERVICE A&I I hereby certify that on this day of August, 2012, a true and correct copy of foregoing "Complaint" was served by means of United States mail, first class, postage upon the following: Jennifer Love 8 Willow Way Drive Enola, PA 17025 (Plaintiff) r JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com Attorne?* DifencM -40?m = car s. , KAREN M. OTSTOT and ROBERT P. OTSTOT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV) NO. 11-9139 Civil Term V. JENNIFER L. LOVE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNE C_ Date: August _L' 2012 508610 Jefferd6n J. Shi?man, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant IA in CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance h?s been duly served upon the following counsel of record, by depositing the same in 1 United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August, 201 David M. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDN B: Je on J. S 'man 1f 7;)L 0-e FI+ lO'- t ;:_ Pr GT1J0N0T,4Ry 7 AUC 22 Pp 1: !. ? NDCOUNTY 'N-NS YLVANIA JOHNSON DUFFIE, STEWART &WEIDNER By: Jefferson J. Shipman I . D. No. 1785 301 Market Street P. O. Box' 109 Lemoynel, PA 17043-0109 (717) 7611-4540 jjs@jdsw?com KAREN M. OTSTOT and ROBERT P. OTSTOT, her husband, Plaintiffs V. JENNIFER L. LOVE, Defendant NOTICE TO PLEAD TO: Koren M. and Robert P. Otstot c?o David M. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor PI.O. Box 1146 Harrisburg, PA 17108-1146 NO. 11-9139 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this day of August, 2012, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered lagainst you. N, DUFFIE, STEWART & WEIDNER Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA By- eff on J. Shi man Attorneys for Defendant JOHNSON DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Bo 109 Lemoyne PA 17043-0109 (717) 761-4540 jjs@jdsw.com KAREN OTSTOT and ROBERT P. OTSTOT, her husband, Plaintiffs V. JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED 614SWER AND NEW MATTER OF DEFENDANT, JENNIFER L. LOVE, TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Jennifer L. Love, by and through her counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1 Admitted only that Karen Otstot and Robert Otstot are the Plaintiffs living at the i0entified address. After reasonable investigation, the answering Defendant is without !sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1, and the same are therefore denied. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9139 Civil Term CIVIL ACTION - LAW 2 Admitted. 3 Admitted. 4. Admitted only that the accident in question occurred on January 4, 2010, at SouW Sporting Hill Road in Camp Hill. The remaining averments of paragraph 4 are denied as stated. By way of further response, the signal in question was green at the time of the accident. 5 Admitted in part, denied in part. It is admitted only that there was contact between the vehicles. The remaining averments of paragraph 5 are conclusions of law and fact' to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNTI Karen Otstot v. Jennifer Love 6: Ms. Love incorporates herein by reference her answers to paragraphs 1 through i5 above as though fully set forth herein at length. 7. Denied. The averments contained in paragraph 7 and subparagraphs (a) through (n) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Ms. Love operated a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); (b) Denied. It is specifically denied that Ms. Love operated a motor vehicle in a reckless and careless manner in violation of 75 Pa. C.S.A. §3736(a); 2 (c) Denied. It is specifically denied that Ms. Love operated a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3714; (d) Denied. It is specifically denied that Ms. Love failed to operate a motor vehicle in such a manner as to avoid causing the collision; (e) Denied. It is specifically denied that Ms. Love operated her motor vehicle at an excessive rate of speed or too fast for conditions; (f) Denied. It is specifically denied that Ms. Love failed to have her vehicle under proper and adequate control so as to stop before striking the Plaintiffs vehicle; (g) Denied. It is specifically denied that Ms. Love failed to keep alert and maintain a proper lookout for the presences of other motor vehicles; (h) Denied. It is specifically denied that Ms. Love operated her vehicle it violation of the Assured Clear Distance Ahead rule; (i) Denied. It is specifically denied that Ms. Love was negligent in allegedly failing to drive around Plaintiffs vehicle; 0) Denied. It is specifically denied that Ms. Love failed to drive in such a manner that her vehicle could be brought to a stop before the collision; (k) Denied. It is specifically denied that Ms. Love failed to keep a proper lookout; (1) Denied. It is specifically denied that Ms. Love failed to use appropriate and due care for the rights, safety and position of the Plaintiff. By 3 way of further response it is specifically denied that the Plaintiff was appropriately stopped in a line of traffic; (m) Denied. It is specifically denied that Ms. Love was negligent in allegedly failing to stop. By way of further answer, the traffic signal was green at the time of the accident; and (n) Denied. It is specifically denied that Ms. Love was negligent in allegedly failing to apply her brakes. 8 Denied. The averments contained in paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9 Denied. The averments contained in paragraph 9 are conclusions of law and fact, to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph 10 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 10 and paragraphs (a) through (h), and the same are therefore denied and strict proof is demanded at the time of trial. 111. Denied. The averments contained in paragraph 11 are, in part, conclusions of law and fact to which no response is required. If a response is deemed 4 to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 and paragraphs (a) through (g), and the same are therefore denied and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Jennifer Love, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II Robert P. Otstot v. Jennifer Love 13. Ms. Love incorporates herein by reference her answers to paragraphs 1 through 112 above as though fully set forth herein at length. 14. Denied. The averments contained in paragraph 14 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14, and the dame are therefore denied and strict proof is demanded at the time of trial. 5 WHEREFORE, the Defendant, Jennifer Love, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 15. That Plaintiff's alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 16. That Plaintiffs alleged cause of action may be barred in whole or in part by Plaintiffs own comparative negligence and assumption of the risk. 17. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 1$. That if it should be found that there was any negligence on the part of the Defendant , which is denied, then in that event, any such negligence was not a factual cause of the Plaintiffs alleged harm. 19. That Plaintiffs alleged harm may have been caused by a pre-existing condition' and/or prior motor vehicle accidents and/or injuries. 20. That Plaintiff's alleged cause of action may be caused in whole or in part by the negligence of third parties or entities not presently involved in this action. 21. That Plaintiff's alleged cause of action may be barred by the statute of limitation's. 22. That the Plaintiffs alleged cause of action may have been caused by an intervening superseding cause. 2$. That Plaintiff may have failed to mitigate her alleged injuries. 6 WHEREFORE, the Defendant, Jennifer Love, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER e kon J. Shi an, Esquire Attorney I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: August o? , 2012 Counsel for Defendant 508995 7 VERIFICATION The undersigned, having read the attached Answer and New Matter of Defendant, hereby certifies that the attached Answer and New Matter is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Answer and New Matter is that of counsel and not 'of the undersigned. The undersigned verifies that she has read the attached Answer and New Matter and that it is true and correct to the best of her information and belief. To the extent that the contents of the Answer are that of counsel, the undersigned has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. "A it'll I d? Je i er . ove Dated: (?t2 8 CERTIFICATE OF SERVICE I thereby certify that a copy of the foregoing Answer and New Matter of Defendant to Plaintiffs' Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August, 2012: David M. Dowling, Esquire R oads & Sinon, LLP One South Market Square, 12th Floor P, O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER 4 By: n J. Shi man ~ , ~'~:#i° i° ii:. t y~'~,C~h~i~NO~'~r; ~~12 AUG Z9 Pik 2~ ~4 JOHNSON, DUFFIE, STEWART 8~ WEIDN~~"~I~ERL~ND COUNTY By: Matthew Ridley P~I~NSYLVAMIA I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com KAREN M. OTSTOT and ROBERT P. OTSTOT, her husband, Plaintiffs v. JENNIFER L. LOVE, Defendant Attorneys for Defend IN THE COURT OF COMMON PLEAS CAF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-9139 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant the above-captioned matter. Date: August Zg, 2012 512328 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNE /~-- /1 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant By: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance ha been duly served upon the following counsel of record, by depositing the same in th United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August Z~, 2012 David M. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNE By: ~- /t Matthew Ridley David B. Dowling,Esquire (`#F i� r` �'�Or h r Attorney I.D.No. 25452 F , Id0 TAP,`1' Jill N. Weikert,Esquire Fitt)' 30 A1,71h 04 Attorney I.D. 208055 A RHOADS & SINON LLP PE�O�RI lyo COUt Ty One South Market Square, 12 Floor ANNA P.O.Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 E-mail: ddowling @rhoads-sinon.com jweikert @rhoads-sinon.com Attorneys for Plaintiffs KAREN M. OTSTOTand IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Case No. 11-9139 Civil Term V. Civil Action- Law JENNIFER L. LOVE , Defendant JURY TRIAL DEMANDED PLAINTIFFS' OBJECTIONS TO DEFENDANT'S SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiffs, Karen M. Otstot and Robert P. Otstot, by and through their counsel, Rhoads & Sinon LLP, object to the proposed subpoenas that are attached to these objections as Exhibit "A", for the following reasons: 1. On or about May 14, 2013, Defendant served a Notice of Intent to Serve Subpoenas to Produce Documents for Discovery Directed to the Records Custodians of (1) Sanford, Roumm & Acharya Rheumatology; and (2) Pennsylvania Bureau of Workers' Compensation in the nature of"any and all records"pertaining to Plaintiff Karen M. Otstot. 2. Specifically, Defendant's Subpoenas, as above described, requested the following from Sanford, Roumm& Acharya Rheumatology: Copies of all medical record, medical reports, office notes, physical therapy records, correspondence, radiology films/CD's, radiology reports, hospital records,test reports and any other records from 1/4/2000 to the present pertaining to any evaluation, care or treatment rendered to Karen M. Otstot, a/k/a Karen M. Shumate, a/k/a Karen M. Gotthard; DOB 11/14/1947; SS#xxxx- xxx-8822. 3. Plaintiffs object to the subpoena issued to Sanford, Roumm & Acharya Rheumatology because the request, as framed, is overbroad and objectionable. The request for medical records should be limited to those concerning the accident of January 4, 2010, and no more than five years prior thereto (January 4, 2005). 4. Defendant has also subpoenaed the following documents and things from the Pennsylvania Bureau of Workers' Compensation: Copy of entire workers' compensation file, including all forms, payment information, memoranda, reports, statements, adjuster notes, medical records, expert reports, utilization reviews, and any other information pertaining to Karen M. Otstot, a/k/a Karen M. Shumate, a/k/a Karen M. Gotthard; DOB 11/14/1947; SS#xxxx- xxx-8822; for any and all claims from 1/4/2000 to present. 5. Plaintiffs object to the subpoena issued to the Pennsylvania Bureau of Worker's Compensation because the information and records requested are not relevant or likely to lead to the discovery of relevant evidence in this case. See Pa.R.C.P. 4003.1. 6. Plaintiff Karen Otstot did not file a workers' compensation claim relating to the accident of January 4, 2010, which is at issue in this matter. 7. Mrs. Otstot retired in November 2011, and is not making a claim for lost wages or loss of future earning capacity. 8. Furthermore, Mrs. Otstot testified at her deposition on April 3, 2013 that she has never filed a workers' compensation claim. 9. Alternatively, Plaintiffs object to the subpoena issued to the Pennsylvania Bureau of Workers' Compensation because the request, as framed, is overbroad and objectionable. The 2 request for records should be limited to those concerning the accident of January 4, 2010, and no more than five years prior thereto (January 4, 2005). Respectfully submitted, RHOADS & SINON LLP By: ANM w Ji 1 . Weikert On South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 3 100'Y Recycled 30°!PCW t R JERRY R.DUFFLE ELIZABETH D.SHOVER RICHARD W. STEWART CAROLYN B.MCCLAN EDMUND G.MYERS L A W O F F I C E S JOHN A.LUCY DAVID A.S DELUGE ^�� ULYSSES S.WILSON JOHN A. TATLER JULIA A.PHILLIPS JEFFREY B.RETTIG MATTHEW RIDLEY MARK C. DUFFLE MFFIE J BARRIE B. GEHRLEIN JOHN R.NINOSKY MICHAEL J.CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A.JOHNSON WADE D.MANLEY C.ROY WEIDNER,JR. CONSTANCE P.BRUNT May 14, 2013 Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Re: Karen M. Otstot and Robert P. Otstot, her husband v. Jennifer L. Love Cumberland County, C.C.P.; No. 11-9139 Civil Term Dear Ms. Weikert, Enclosed please find a Notice of Intent to Serve Subpoenas along with a copy of the subpoenas directed to the following entities regarding the above-captioned action: (1) Sanford, Roumm & Acharya Rheumatology; (2) Pennsylvania Bureau of Workers' Compensation. If you do not have an objection to the subpoenas, please sign and return the enclosed Waiver for the 20-day objection period so we may obtain the records in a timely manner. JOHNSON, DUFFIE, STEWART & WEIDNER Lindsey P. itchey Litigation Paralegal Enclosures :557233 22740-2999 cc: Susan Philson, AIC, AIS (w/o enclosures, via e-mail) (Claim No.: 010171071718) 301 MARKET STREET P.O.BOX 109 LEMOYNE,PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL @JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-9139 Civil Term V. CIVIL ACTION — LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Jill Neary Weikert, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena records from: 1. Sanford, Roumm & Acharya Rheumatology; 2. Pennsylvania Bureau of Workers' Compensation. Date: By: Jill Neary Weikert, Esquire JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-9139 Civil Term V. CIVIL ACTION — LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR.DISCOVERY PURSUANT TO RULE 4009.21 TO: Karen M. Otstot and Robert P. Otstot C/O Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that Defendant, Jennifer L. Love, intends to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART &WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 . Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant Date: May 14,, 2013 557223 22740-2999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff File No. 11-913 9 Civil Term Vs. JENNIFER L.LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sanford,Roumm & Acharya Rheumatology (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: Copies of all medical records,medical reports,office notes,physical therapy records, correspondence,radiology films/CD's,radiology reports, hospital records,test reports and any other records from 1/4/2000 to present pertaining to any evaluation,care or treatment rendered to Karen M. Otstot a/k/a Karen M. Shumate a/k/a Karen M.Gotthard;DOB: 11/14/47; SS#xxx-xx-8822 at Johnson, Duffie, Stewart, & Weidner, 301 Market St,Lemoyne, PA 17043 (Address) 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: Matthew Ridley,Esquire ADDRESS: 301 Marketstreet P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#204265 ATTORNEY FOR: Defendant BY THE COURT: C .. Prothonotary,Civil Division Date: �-! 1 0 I �Deputy � COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff File No. 11-913 9 Civil Term VS. JENNIFER L. LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Bureau of Workers' Compensation (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: Copy of entire workers' compensation file, including all forms,payment information,memoranda, reports,statements, adjuster notes,medical records,expert reports,utilization reviews,and any other information pertaining to Karen M. Otstot a/k/a Karen M. Shumate a/k/a Karen M. Gotthard;DOB: 11/14/47; SS#xxx-xx-8822; for any and all claims from 1/4/2000 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (Address) 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: Matthew Ridley,Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID#204265 ATTORNEY F.OR''Defendant BY THE COURT: C t Prothonotary,Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 14, 2013: Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: Ulwtdtl F r" L sey P. Rio--hey, Paralegal CERTIFICATE OF SERVICE I hereby certify that on this 29th day of May, 2013, a true and correct copy of the foregoing Objections to Defendant's Subpoenas was served by means of United States mail, first class, postage prepaid, upon the following: Mathew Ridley, Esquire Johnson, Duffle, Stewart&Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Lyn G. Ritter 887333.1 f is OFHCE f.+ _j .. . 11 2 0 AIM COUNTY 1, '1"—J\ _ ern e JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and • IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 11-9139 Civil Term • v. • CIVIL ACTION — LAW • JENNIFER L. LOVE, Defendant • JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR ORDER OVERRULING OBJECTIONS TO SUBPOENAS AND NOW, comes the Defendant, Jennifer L. Love, by and through her counsel, Matthew Ridley and Johnson, Duffie, Stewart & Weidner, and files the following Motion seeking an order overruling the Plaintiffs' objections to two subpoenas for records of Karen Otstot: 1. This matter involves a two-vehicle, rear-end accident that occurred on January 4, 2010, in Camp Hill, Pennsylvania. 2. On August 1, 2012, the Plaintiffs filed a Complaint, alleging that Defendant Love negligently caused Karen Otstot to sustain physical injuries and caused a loss of consortium to Robert Otstot. 3. Ms. Otstot's alleged injuries include: a. limited range ofmotion,pain,swelling, tightness,numbness and spasms in her left ankle and foot, left wrist,upper back and neck.; b, lumbosacral tenderness, back pain, neck stiffness, muscle pain, spasms, bone and joint symptoms, left aim numbness, left ankle edema with discomfort, left hand swelling with pain and stiffness in the left wrist.; c. edema in the subcutaneous soft tissue along the side of the ankle; d. a left wrist scapholunate ligament injury and partial tear, joint effusion, degenerative changes,sprain or a bony bruise; e. pain, tingling, and numbness of the left foot with decreased sensation in her toes and back of the left foot; f. pain,swelling and stiffness of the first carpometacarpal (CMC)joint in the left wrist, g. left wrist sprain with pain, weakness, swelling, and decreased range of motion; and, h. nerve damage to the Ieft lower extremity, EMG and nerve conduction study to look for focal entrapment or traumatic neuropathy affecting the lower extremity. (See paragraph 10 of the Complaint, attached as Exhibit A.) 4. At her deposition, Ms. Otstot acknowledged falling down steps at work while carrying a box sometime around 2004 or 2005. (See Ms. Otstot's deposition transcript at pp. 14, line 8 through pp. 16, line 1, attached as Exhibit B.) 5. She testified that her employers sent her to "their doctor," who she believed was in Mechanicsburg. (Exhibit B, pp. 15, lines 1 through 7.) 6. She testified that her injuries were limited to her leg/knees, but her medical records suggest that she was also suffering from low back issues around the general 2 timeframe of her fall, and had a low back procedure years earlier. (See Ms. Otstot's 9/16/2003 treatment note from Masland Associates provider, attached as Exhibit C.) 7. Ms. Otstot also testified at her deposition that she did not treat with a rheumatologist prior to the January 4, 2010 accident that is the subject of this litigation. (See Ms. Otstot's deposition transcript at pp. 50, lines 5 through 7, attached as Exhibit D.) 8. Ms. Otstot's medical records suggest, however, that she treated with Sanford, Roumm & Acharya Rheumatology prior to the subject accident, for maladies including arthropathy of the left hand, a body part allegedly injured in the subject accident. (See Ms. Otstot's 9/18/2009 treatment note from Sanford, Roumm & Acharya Rheumatology, attached as Exhibit E.) 9. By letter of May 14, 2013, defense counsel served upon Plaintiffs' counsel Notices of Intent to Serve Subpoenas to Sanford, Roumm & Acharya Rheumatology and to the Pennsylvania Bureau of Workers' Compensation. (See the letter and notices attached as Exhibit F.) 10. The proposed subpoenas requested treatment notes and workers' compensation records, respectively, for a period of ten years prior to the subject accident to present. (Exhibit F.) 11. On or about May 29, 2013, Plaintiffs' counsel filed formal objections to the proposed subpoenas, on the basis that the subpoenas are overbroad and objectionable and/or because the information and records requested are not relevant or likely to lead to the discovery of relevant evidence. (See objections, attached as Exhibit G.) 3 12. The Defendant respectfully disagrees, and files this Motion in response to the Plaintiffs' objections under Pa.R.C.P. 4009.21(d)(1), as both of the proposed subpoenas seek relevant information and are reasonably calculated to lead to the discovery of admissible evidence. 13. Pursuant to Pa.R.C.P., and subject to exceptions not relevant here: a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. Pa.R.C.P. 4003.1(a). 14. Further, "It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." Pa.R.C.P. 4003.1(b). 15. As set forth above, the Defendant seeks Ms. Otstot's treatment notes from Sanford, Roumm & Acharya Rheumatology for a period of ten years prior to the accident to present, as she treated with that physician for arthropathy of the left hand during that period, and she alleges to have injured her left hand in the subject accident. 16. Because the Plaintiff is alleging a left hand injury and the records sought relate to treatment for a preexisting condition of the left hand, the subpoena directed to the rheumatology facility is reasonably calculated to lead to the discovery of admissible evidence. 4 17. The Defendant also seeks any available workers' compensation records of Ms. Otstot because she acknowledged suffering a fall at work in which she was injured during the same general timeframe she was treating for symptoms of the low back (a body part she alleges to have injured in the subject accident), because she acknowledged injuring her left leg in the fall (a body part allegedly injured in the subject accident), and because she could not identify her treating provider for her fall-related injury. 18. Because the workers' compensation records requested relate to a traumatic fall during a period which the Plaintiff was suffering from back issues, because the Plaintiff acknowledged injuring her leg in the fall and alleges injuries to her "left lower extremity" in the subject accident, and because the Plaintiff could not identify her treating provider for her work injury, the subpoena directed to the rheumatology facility is reasonably calculated to lead to the discovery of admissible evidence. 19. Because both of the proposed subpoenas seek relevant information and are reasonably calculated to lead to the discovery of admissible evidence, the Defendant respectfully requests this Court issue an order overruling the Plaintiffs' objections to the proposed subpoenas. 20. No judge has ruled on any issue regarding this case. 21. The concurrence of Plaintiffs' counsel was sought with respect to the subpoenas at issue in this Motion and said concurrence was denied via formal objection. 5 WHEREFORE, the Defendant, Jennifer Love, respectfully requests this Honorable Court grant her Motion for Order to Overrule Objections to Subpoenas and issue an order overruling Plaintiffs' objections to the proposed subpoenas of Plaintiff Karen Otstot's records from Sanford, Roumm & Acharya Rheumatology and the Pennsylvania Bureau of Workers' Compensation. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June ca. , 2013 Counsel for Defendant 560671 6 EXHIBIT A 99999999 01:39:23 p.m. 08-03-2012 6/11 10. As a direct and proximate result of the conduct of Defendant Jennifer Love, Plaintiff Karen Otstot suffered painful injuries,including the following: a. limited range of motion,pain,swelling, tightness,numbness and spasms in her left ankle and foot, left wrist, upper back and neck.; b. lumbosacral tenderness, back pain, neck stiffness, muscle pain, spasms, bone and joint symptoms, left arm numbness, left ankle edema with discomfort, left hand swelling with pain and stiffness in.the left wrist.; c. edema in the subcutaneous soft tissue along the side of the ankle; d. a left wrist scapholunate ligament injury and partial tear, joint effusion, degenerative changes,sprain or a bony bruise; e. pain, tingling, and numbness of the left foot with decreased sensation in her toes and back of the left foot; f. pain, swelling and stiffness of the first carpometacarpal (CMC)joint in the left wrist, g. left wrist sprain with pain, weakness, swelling, and decreased range of motion;and, h, nerve damage to the Ieft lower extremity, EMG and nerve conduction study to look for focal entrapment or traumatic neuropathy affecting the lower extremity. 11, As a direct and proximate result of the conduct of Defendant Jennifer Love, Plaintiff Karen Otstat underwent lengthy treatment and care, including the following: a. MRI of left ankle showed anterior joint effusion, consistent with trauma to the ankle; • b. physical therapy; c. work ups for deep vein thrombosis, neuropathy versus neuropraxia exacerbated by the motor vehicle accident; d. application of Diclofenac gel to the left CMC joint, wearing a thumb splint; 4 EXHIBIT B NETWORK DEPOSITION SERVICES Transcript of Karen M. Otstot 5 (Pages 14 to 17) 14 16 1 But throughout the year,your typical admin job of 1 that. 2 letters,and correspondence and so forth. 2 Q. Okay. What other sorts of jobs have you 3 Q. Did you ever have problems typing before 3 had since you graduated high school? 4 the accident of January 2010? 4 A. When I moved here in 1974 I had worked 5 A. No. 5 at majority,for 22 years at Kinney Shoe Corporation, 6 Q. Typing ever make your hands painful? 6 or known as Footlocker is our parent company. 7 A. No. 7 Q. What did you do there? 8 Q. Had you ever had a work injury before 8 A. Executive administrative person to the 9 January 2010? 9 Vice-President of Quality Control. 10 A. Yes. I just tripped on a bottom step. 11 Q. Another desk job,is that right? 11 I was carrying some things and tripped on a bottom 111 A. Yes. 12 step. 12 Q. Did that job involve a lot of typing? 13 Q. Did you make a workers'comp claim? 13 A. Yes. Uh--hum. 14 A. I don't--well,they sent me to their 14 Q. Did you go directly from Kinney to Ames 15 doctor,but I didn't miss work,and I didn't do,I 15 True Temper? 16 didn't take money from that or anything. 11 11 6 A. No. 17 Q. When did that occur? 17 Q. Where did you work in between? 18 A. It was when I still in HR,so I don't 18 A. 1995 there was a downsizing after 22 19 know. Somewhere between 2004 and maybe 2005. I am not 19 years. 1996 I worked for PCPA,it is Pennsylvania 2 0 sure. 12 0 Community Providers Association as the office manager. 21 Q. And what body part the you hurt? 121 I believe that was until'99. 2 2 A. My leg,I guess. 2 2 Q. And then where did you move on to after 2 3 Q. Which leg? 2 3 that? I think generally we could basically just fill 2 4 MS.WEIKERT: If you don't remember. 12 4 this in generically. Did you have office jobs? 2 5 THE WITNESS: I don't recall. 12 5 A. Office jobs. I was VP of operations 15 17 1 MR.RIDLEY: Do you remember which 1 for,I am try trying to think,it was in Harrisburg. I 2 doctor you treated with through the,which doctor the 2 just can't recall the name. 3 work sent you to? 3 Q. Now,you did recall one work incident 4 THE WITNESS: I don't recall. 4 where you were injured.Do you recall any other work 5 MR.RIDLEY: Do you remember what town? 5 injuries over the years? 6 THE WITNESS: It would have been in 6 A. No. 7 Mechanicsburg. 7 Q. Okay. I would like to get into a little 8 Q. Now,when you tripped on the step,did 8 bit of your medical treatment before the accident with 9 you fall? 9 my client. Now,I know you are not a doctor,but as a 10 A. Yeah. I just went down and I mean got 10 lay person can you tell me what body parts were 11 up. It was uncomfortable for that time. 11 effected by the accident of January 2010? 12 Q. Okay. I am just trying to get an idea 12 A. My left wrist,and my left foot,the 13 of what exactly happened.Can you just take me through 1;1 3 smaller part of my,the lower part of my back,and my 14 the trip and how you fell? 14 neck. 15 A. Well,a few of us from HR were coming 15 Q. Now,when you say"neck"are you 16 down stairs,we were carrying things from we had a 16 including the upper back as well? 17 luncheon,and I got to the bottom,the next to the 117 A. Just be like from being thrown forward. 18 bottom step,and thought I was at the bottom and just 1 18 So I don't know. That is hard to answer that. 19 sort of like missed that and just fell. 11 9 Q. I am just trying to get an idea of which 2 0 Q. Okay. And how did you land? Did you 2 0 parts of your body you think you hurt in the accident 21 land on your knees? Did you hand on your side? 21 so I can limit my questions to those body parts. 2 2 A. On my knees basically. 2 2 A. I would say my neck,across the 2 3 Q. Okay. So you said you didn't miss any 2 3 shoulders. 2 4 work Did the fall result in any ongoing symptoms? 2 4 Q. Okay. Had you ever been involved in a 2 5 A. No.I didn't miss work or anything from I2 5 car accident before January 4,2010? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 EXHIBIT C NAME: t ire 1P AT 7103 ^BLPR t2(s`/,I, `(' TEMP "1 ja PLUS (420 PU! U� �n X x 1 a-,,A0 'Cc) see.' cic-u Etz KAREN OTSTOT 09/16/03 A.M. Karen complains of low back pain on the right. She states she has had no injury,no MVA. She states that she did have a problem with her back many years ago following a procedure but not since. She states she went for a walk on Saturday after not having walked for a while. Usually she walks a mile and she did two miles Saturday. On Sunday she started to feel some pulling at the area and Monday it was more painful all day. She denies any urinary symptoms at this time. She denies any radicular symptoms. PE: On physical exam vital signs are as listed. She did do a repeat urine today which was negative. She is tender over the right SI joint with some bit of tenderness also just superior to this but there is no tenderness over the spinal region. She does not have any increased symptoms with straight leg raises. She has full range of motion of the back without an increase in symptoms. About the only thing that seems to increase her symptoms is deep palpation at the SI joint and just above. ASSESSMENT: y 1. SI joint inflammation. P 2. Some mild muscle spasm. PLAN: Because the patient said she had been having some heartburn this past week will go with Celebrex 200 mg.b.i.d.for two days and then 100 mg.q.d. for another five to seven days. She is to start Skelaxin 400 mg.b.i.d.up to 800 mg.t.i.d.and we talked about how she would take this. I advised moist heat with easy stretching and ice as necessary to help with the pain. She is to contact us if she has further problems. SMM/bls f"^ T: 09/17/03 EXHIBIT D NETWORK DEPOSITION SERVICES Transcript of Karen M. Otstot 14 (Pages 50 to 53) 50 52 1 two knuckles on my first two forgers. 1 Q. Okay. Now,did you participate in any 2 MR.RIDLEY: Okay. Are they treating 2 physical therapy after the accident with my client? 3 any ankle or foot symptoms? 3 A. No. 4 THE WITNESS: No. 4 Q. Did you treat with any chiropractors 5 Q. Had you treated with a rheumatologist 5 after the accident with my client? 6 before the accident with my client? 6 A. No. 7 A. No. 7 Q. Now,we talked about some diagnostic 8 Q. Okay. And it looks like you were also 8 imaging after the accident,and I think the last 9 referred to Pennsylvania Neurosurgery Neuroscience 9 diagnostic image I saw referred to that was related to 10 Institute for an EMG in September of 2011,is that 10 your alleged injuries in this case was the MRI of the 11 correct? 11 left wrist from May 2011. Do you recall undergoing any 12 A. Yes. 12 other diagnostic imaging of your neck,low back,left 13 Q. So essentially you underwent two EMG's 13 wrist,left foot,after May of 2011? 14 after the accident? 14 A. I don't recall. 15 A. Yes. 115 Q. Okay. We talked about a bunch of i 16 Q. Did you undergo any other EMG's? Have 116 providers with whom you treated after the accident with 17 you undergone an EMG since September 30,2011? 17 my client. Is there any provider that I am missing 18 A. I don't believe so. 18 that you treated with for your injuries from the 19 Q. Other than the EMG that you underwent at 19 accident? 20 Pennsylvania Neurosurgery and Neuroscience Institute, 20 A. I don't believe so. 21 did you treat there after that,or was it a one EMG, 21 Q. Okay. We talked about Carlisle Regional 2 2 one time visit? 2 2 Medical Center,was that just a one time visit there? 2 3 A. Yeah. It was a one time visit. 2 3 A. I think. 24 Q. And you discussed earlier treating with 2 4 Q. Okay. 25 a podiatrist whose name starts with a Z? 2 5 A. I think so. 51 53 1 A. Zlotoff 1 Q. So we talked about Carlisle Regional, 2 Q. Zlotoff. It looks like you began 2 Masland Associates,we talked about Magnetic Imaging 3 treating with Doctor Zlotoff in May of 2012. Does that 3 Center for an MRI,OIP,Doctor Barbacci,Cumberland 4 sound about right? I 4 Valley Rheumatology,Pennsylvania Neurosurgery 5 A. Yes. 5 Neuroscience Institute,Doctor Zlotoff,there was an 6 Q. Okay. Now,were you treating with that 6 MRI at Tristan,looked like there was an EMG at 7 doctor for issues that you believe are related to the 7 Pinnacle Health Comprehensive Occupational Rehab 8 accident with my client? 8 Center. Anybody that I am missing that you can recall? 9 A. Well,yes. 9 A. I don't recall anybody else. 10 Q. Okay. What is Doctor Zlotoff doing for 10 Q. Now,when is the last time that you 11 you? 11 treated for your injuries related to this accident? 12 A. He made some inserts for my shoes that 12 A. The last time I was,I don't remember, 13 would try to relieve some of the pain. 13 recall the date with Doctor Warner. It was a matter of 14 Q. Are you still treating with that office? 14 if you want the surgery,call me back. 15 A. I haven't been back there in a while but !15 Q. Have you seen Doctor-- 16 I will go back. 116 MS.WEIKERT: Was that Warner or 17 Q. Do you have any idea when the last time 17 Dailey? 18 you treated there was? I think the last note that I 18 THE WITNESS: Dailey. For my wrist I 19 have,and I am not saying I have all of the notes,but 19 think it was Dailey. 20 the last note I have is from June 29,2012. Do you 20 MR.RIDLEY: Okay. When is the--oh, 21 recall treating there after last summer? 21 you said you weren't sure when you last saw him. Did 22 A. I don't believe so. 22 you see him this year? 2 3 Q. Do you have any set appointment when you 23 THE WITNESS: No. No. 2 4 are expected to return? 12 4 MR.RIDLEY: I think the last note that 25 A. No. 125 I have,at least at this point,I am not saying I have Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 . i EXHIBIT E • PRACTICE LIMITED TO ROBERT G.SANFORD,M.D. BY APPOINTMENT RHEUMATOLOGY ALAN D.ROITMM,M.D. TELEPHONE(717)761-3505 RAVI D.ACIIARYA,M.D. FAX(717)761-4293 ARTHRITIS CENTER 1845 CENTER STREET CAMP HILL,PA 17011 September 18,2009 Christopher Bero,M.D. Masland Associates Medical Arts Building 220 Wilson Street Carlisle, PA 17013 RE: Karen Otstot Dear Dr. Bero: It was my pleasure to see Ms. Otstot, a 61-year-old white female for further evaluation of SLE/connective tissue disease with recent labs revealing strong positive ANA,elevated ESR and low positive double-stranded DNA. As you know, patient reports noticing pain with diffuse swelling along her(?) left third MCP area back in April 2009 without any noticeable injury or trauma. She thought it was more so related to her typing a lot at work. She had used over-the- counter ibuprofen at that time for a few days and symptoms had completely resolved with that. She has not seen any recurrence of symptoms since then, though as a part of the workup for the symptoms she had labs checked regarding strong positive ANA,more than 1:1280 homogeneous pattern associated with elevated sed of 62 then. This was repeated again in August 2009 with sed rate being 71. ANA was still strong positive,more thaA l 28O homogenous pattern but negative SSA, SSB antibodies. Double-stranded DNA was low positive at 22 and she was referred to me for further SLE/connective tissue disease evaluation. Currently she denies any pain, swelling, stiffness involving any joints. There is no prior history of swollen, inflamed joints as well. She reports that the pain was very minimal, 2/10 back in April in her left hand but the swelling was fairly diffuse and noticeable at that time. On rheumatologic review of systems, she denied any recurrent oral,nasal or genital ulcerations, excessive hair loss, fatigue symptoms. There is no history of photosensitive skin rashes or Raynaud's symptoms. She denied any oral or ocular sicca symptoms and she thinks overall she is not drinking enough water/fluid. There is no history suggestive of serositis,seizures, DVT, kidney stones, skin psoriasis or recent tick bite. She had two FTND followed by one miscarriage at four Months of pregnancy of unclear etiology. There is no history iffUY§Pi ia, colitis, skin SEP 3 04{109_,_-___ DATE RCVD 0� ._DATE REVIEWED SEE PROGRESS NOTES FOR INSTRUCTIONS € LL&TELL OK EIL -ND ACTION DALE&TIME PT GIVEN N1ST CHAR LEASE. ((�� DOCTOR'"SIG Name: Otstot, Karen DOB: 11/14/1947 Date. • RE: Karen Otstot September 18, 2009 Page Two thickening,inflammatory eye disease,cytopenia or recurrent nosebleeds. She had a colonoscopy done last year which had revealed benign polyps. She is again going for repeat colonoscopy October 6,2009. She is up to date on her Pap,pelvic,mammogram and all were done and normal back in February 2009. On review of systems, the patient denied any fevers or chills, night sweats,no GI symptoms, heartburn,chest pain,shortness of breath,headache or any UTI symptoms currently, though she reports frequent UTI's. The last one was back in May 2009. Her appetite is good,weight is stable for six months. She sleeps seven hours average,usually wakes up feeling refreshed. The past medical history includes diabetes type 2 since 2003,elevated cholesterol, GERD, postmenopausal state for 10 years. Past surgeries include bilateral breast reduction surgery in 1995 for shoulder pain symptoms. Rome medications include Metformin 1 gram 1 po bid, Actos 30 mg qd, Amaryl 1 mg qd, Lipitor 20 mg qd,Nexium 40 mg q od,ASA 81 mg qd and Tunis 1000 mg qd. DRUG ALLERGIES: Erythromycin caused significant GI upset.She also reports getting itching with use of latex gloves with dental work in the past. On family history,the mother died at 76 from non-Hodgkin's lymphoma, also had diabetes. Father died from prostate CA. One brother died at 62,had stomach CA and also had gout. There is no history of SLE,RA or psoriasis in the family. On personal history, she denied any smoking, illicit drug use. She occasionally drinks alcohol. She is married, she works as a customer service person for a lawn and gardening place, and she has two daughters who are healthy. On my exam today,heart rate is 70. Blood pressure is mildly elevated at 152/78 (?)white collar hypertension. On recheck it was 158/82. Weight is 227 pounds. She is a well-developed, obese white female in no acute distress. Gait is normal. Skin exam shows no rash,no subcutaneous nodules,Raynaud's or sclerodactylic changes. She seemed to have a faint livedoid skin pattern along her thighs and subtle skin thickening along her outer thighs bilaterally,with faint erythema along bilateral arms and forearms with mildly dry skin. She has multiple spider angiomas on her upper back. On HEENT exam, there are no oral ulcers,moist oral mucosa, extensive dental fillings. Schirmer's test revealed 17 mm of wetting on the left, 10 mm on the right at 5 minutes. Neck,heart,lungs, abdomen, limited neurologic exam,extremity and muscle exams were unremarkable and normal. Joint examination revealed early OA changes of the bilateral hands,mild bilateral knee crepitus present.The rest of the joints reveal normal range of motion, no active synovitis at any joints. Cervical,thoracic and lumbar spine exams revealed fairly normal range of motion. Straight leg Name: Otstot, Karen DOES: 11/14/1947 Date. RE: Karen Otstot September 18, 2009 Page Three raising was negative to 70 degrees bilaterally.There was no tenderness of the spinous process or SI joints. Prior labs from 8/12/09 revealed strong positive ANA, more than 1:1280 homogenous pattern with low positive double-stranded DNA of 22. Her prior ANA back in May 2009 was same, strong positive,more than equal to 1:1280 homogenous pattern. Her SSA, SSB antibodies were negative. Hemoglobin Ale was mildly elevated at 6.8. ESR was elevated at 71. It was 62 back in May 2009. Her CMP was normal with creatinine 0.57 though had mildly elevated alkaline phosphatase of 116. Her UA back on May 28,2009 was positive for leukocyte esterase,4+ bacteria and cultures seemed have revealed over 100,000 CFU of Klebsiella pneumoniae. Prior UA from 5/13/09 had revealed trace protein, was positive for nitrite and 30 to 40 WBC's and 4+ bacteria as well.A uric acid was 6.4,then TSH was normal. Rheumatoid factor was negative. CBC was normal then. CLINICAL IMPRESSION: 1. A 61-year-old white female with 1 episode of mild inflammatory arthropathy involving the left third MCP area back in April 2009 which seemed to have resolved spontaneously within a few days of using ibuprofen. Differential diagnosis for that would include gouty arthritis though does not seem to have severe pain symptoms associated with swelling at that time. Other differentials would include connective tissue disease-related arthropathy in view of her strong positive ANA,reactive type arthropathy(triggered by UTI) or overuse related tendinopathy. Currently joint examination is completely unremarkable. 2. Strong positive ANA on two separate occasion with low positive double-stranded DNA and persistently elevated sed rate with one episode of transient inflammation arthropathy involving left third MCP. Overall clinical picture demands repeat evaluation with complete connective tissue disease serologies including for SLE, Sjogren's syndrome, MCTD with scleroderma(in view of her GERD and subtle skin thickening along her thigh), though currently she does not seem to have any specific history or exam findings suggestive of active SLE/connective tissue disease. Would like to rule out chronic infection like hepatitis B/C as a cause for ANA positivity. Discussed at length with patient other causes of low positive ANA, including infection, drugs or nonspecific positivity of undetermined significance. 3. Persistently elevated ESR. Could be due to chronic asymptomatic UTI or due to underlying connective tissue disease. Will obtain SPEP to rule out paraproteinemia as well. Some of the elevation could be related to underlying diabetes though it seems to be fairly controlled with hemoglobin Ale of 6.8. Possibility of an acute malignancy needs to be kept in mind, with persistently elevated sed rate,though patient seems to be up to date on all age-appropriate i,. cancer screening and due for repeat colonoscopy in two weeks. 4. Diabetes type 2 which seems to be fairly well-controlled. Name:Otstot, Karen DOB: 11/14/1947 Date: RE: Karen Otstot September 18,2009 Page Four 5. History of GERD. 6. Mildly elevated uric acid on recent testing of 7.4. Seems to be part of metabolic syndrome with obesity, diabetes type 2. Some mild elevation could be related to aspirin therapy as well. RECOMMENDATIONS FOR MANAGEMENT: 1. I will check ANA, SSA, SSB, SmRNP,double-stranded DNA, SCL70,UA with reflex C&S, HBsAg,HCVAb,CBC, CMP,anti-CCP antibody, C3, C4, antihistone antibody, ESR, CRP and SPEP. 2. Discussed in detail with the patient exam findings, diagnostic possibilities,further labs being ordered. 3. As currently she is asymptomatic,no further treatment was recommended at this time. If she develops recurrence of any inflammatory arthropathy symptoms would like to reevaluate and consider diagnostic arthrocentesis,depending on the clinical findings then and short course of prednisone therapy. 4. I would like to follow her back again in three to four weeks for reevaluation.Further recommendations will be based on review of her labs. Thank you so much for allowing me to participate in the care of your patient. Please feel free to call me with any questions or concerns. Sincerely, Ravi D.Acharya,M.D. RDAIH2T Enclosures Name:Otstot, Karen DOB: 11/14/1947 Date: EXHIBIT F JERRY R. DUFFIE ELIZABETH D.SHOVER RICHARD W. STEWART CAROLYN B.MCCLAIN EDMUND G. MYERS L A W O F F I C E S JOHN A.LUCY DAVID W.DELUGE JOHNSON t1 JULIA .PHILLIPS JEFFREY B.RETTIG MATTHEW RI'DLEY 1VIARK C.DUFFIE ���� BARRIE B. GEHRLEIN JOHN R.NINOSKY MICHAEL J. CASSIDY OF COUNSEL MELISSA P.GREEVY HORACE A. JOHNSON WADE D. MANLEY C. ROY WEIDNER,JR. CONSTANCE P. BRUNT `.. .Ut) May 14, 2013 Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Re: Karen M. Otstot and Robert P. Otstot, her husband v. Jennifer L. Love Cumberland County, C.C.P.; No. 11-9139 Civil Term Dear Ms. Weikert, Enclosed please find a Notice of Intent to Serve Subpoenas along with a copy of the subpoenas directed to the following entities regarding the above-captioned action: (1) Sanford, Roumm & Acharya Rheumatology; (2) Pennsylvania Bureau of Workers' Compensation. If you do not have an objection to the subpoenas, please sign and return the enclosed Waiver for the 20-day objection period so we may obtain the records in a timely manner. JOHNSON, DUFFIE, STEWART & WEIDNER o tia 1 Lindsey P. itchey Litigation Paralegal Enclosures :557233 22740-2999 cc: Susan Philson, AIC, AIS (w/o enclosures, via e-mail) (Claim No.: 010171071718) 301 MARKET STREET P.O.BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL @JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER. P.C. JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and : IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • NO. 11-9139 Civil Term • v. • CIVIL ACTION — LAW • JENNIFER L. LOVE, Defendant • JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Jill Neary Weikert, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena records from: 1. Sanford, Roumm & Acharya Rheumatology; 2. Pennsylvania Bureau of Workers' Compensation. Date: By: Jill Neary Weikert, Esquire JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and : IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 11-9139 Civil Term • v. • CIVIL ACTION — LAW • JENNIFER L. LOVE, Defendant • JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Karen M. Otstot and Robert P. Otstot C/O Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that Defendant, Jennifer L. Love, intends to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART &WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant Date: May 14 , 2013 557223 22740-2999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff File No. 11-9139 Civil Term VS. JENNIFER L. LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sanford,Roumm& Acharya Rheumatology (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: Copies of all medical records,medical reports,office notes,physical therapy records, correspondence,radiology films/CD's, radiology reports, hospital records,test reports and any other records from 1/4/2000 to present pertaining to any evaluation,care or treatment rendered to Karen M. Otstot a/k/a Karen M. Shumate a/k/a Karen M. Gotthard;DOB: 11/14/47; SS#xxx-xx-8822 at Johnson, Duffle,-Stewart, & Weidner, 301 Market St,Lemoyne, PA 17043 (Address) - 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: Matthew Ridley,Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#204265 ATTORNEY FOR: Defendant BY THE COURT: C / v Prothonotary,Civil Division Date: �! ._) ! �L e,„. _ Seal of th •Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff : File No. 11-9139 Civil Term VS. . JENNIFER L. LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Bureau of Workers' Compensation (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: Copy of entire workers' compensation file,including all forms,payment information,memoranda, reports,statements,adjuster notes,medical records,expert reports, utilization reviews,and any other information pertaining to Karen M.Otstot a/k/a Karen M. Shumate a/k/a Karen M. Gotthard;DOB: 11/14/47; SS#xxx-xx-8822; for any and all claims from 1/4/2000 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (Address) 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: Matthew Ridley,Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#204265 ATTORNEY FOR:''Defendant BY THE COURT: • j Prothonotary,Civil Division Date: ` � �� 41 �... .—. 14 1 _ •Seal of the Court Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 14, 2013: Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: ditAfik L ey P. Ritchey, Paralegal CERTIFICATE OF SERVICE I hereby certify that on this 29th day of May, 2013, a true and correct copy of the foregoing Objections to Defendant's Subpoenas was served by means of United States mail, first class, postage prepaid, upon the following: Mathew Ridley, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 / /Warr Ly : G. Ritter 887333.1 EXHIBIT G RECEIVED MAY 3 0 2013 I, David B. Dowling,Esquire JOHNSON OUFFE Attorney I.D. No. 25452 Jill N. Weikert, Esquire Attorney I.D. 208055 RHOADS & SINON LLP One South Market Square, 12th Floor P.O.Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 E-mail: ddowling @rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Plaintiffs KAREN M. OTSTOT and : IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : Case No. 11-9139 Civil Term v. : Civil Action- Law JENNIFER L. LOVE , Defendant : JURY TRIAL DEMANDED PLAINTIFFS' OBJECTIONS TO DEFENDANT'S SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiffs, Karen M. Otstot and Robert P. Otstot, by and through their counsel, Rhoads & Sinon LLP, object to the proposed subpoenas that are attached to these objections as Exhibit "A", for the following reasons: 1. On or about May 14, 2013, Defendant served a Notice of Intent to Serve Subpoenas to Produce Documents for Discovery Directed to the Records Custodians of (1) Sanford, Roumm & Acharya Rheumatology; and (2) Pennsylvania Bureau of Workers' Compensation in the nature of"any and all records"pertaining to Plaintiff Karen M. Otstot. 2. Specifically, Defendant's Subpoenas, as above described, requested the following from Sanford, Roumm& Acharya Rheumatology: Copies of all medical record, medical reports, office notes, physical therapy records, correspondence,radiology films/CD's, radiology reports, hospital records, test reports and any other records from 1/4/2000 to the present pertaining to any evaluation, care or treatment rendered to Karen M. Otstot, a/k/a Karen M. Shumate, a/k/a Karen M. Gotthard; DOB 11/14/1947; SS#xxxx- xxx-8822. 3. Plaintiffs object to the subpoena issued to Sanford, Roumm & Acharya Rheumatology because the request, as framed, is overbroad and objectionable. The request for medical records should be limited to those concerning the accident of January 4, 2010, and no more than five years prior thereto (January 4, 2005). 4. Defendant has also subpoenaed the following documents and things from the Pennsylvania Bureau of Workers' Compensation: Copy of entire workers' compensation file, including all forms, payment information,memoranda, reports, statements, adjuster notes, medical records, expert reports, utilization reviews, and any other information pertaining to Karen M. Otstot, a/k/a Karen M. Shumate, a/k/a Karen M. Gotthard; DOB 11/14/1947; SS#xxxx- xxx-8822; for any and all claims from 1/4/2000 to present. 5. Plaintiffs object to the subpoena issued to the Pennsylvania Bureau of Worker's Compensation because the information and records requested are not relevant or likely to lead to the discovery of relevant evidence in this case. See Pa.R.C.P. 4003.1. 6. Plaintiff Karen Otstot did not file a workers' compensation claim relating to the accident of January 4, 2010, which is at issue in this matter. 7. Mrs. Otstot retired in November 2011, and is not making a claim for lost wages or loss of future earning capacity. 8. Furthermore, Mrs. Otstot testified at her deposition on April 3, 2013 that she has never filed a workers' compensation claim. 9. Alternatively, Plaintiffs object to the subpoena issued to the Pennsylvania Bureau of Workers' Compensation because the request, as framed, is overbroad and objectionable. The 2 request for records should be limited to those concerning the accident of January 4, 2010, and no more than five years prior thereto (January 4, 2005). Respectfully submitted, RHOADS & SINON LLP By: 0911 VV jt Ji 1 . Weikert On South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June co , 2013: Jill N. Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: • Matthew Ridley, Esquire Counsel for Defendant 7 KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JENNIFER L. LOVE, NO. 2011-9139 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 18TH day of JUNE, 2013, a conference to resolve Plaintiffs' objections to Defendant's proposed subpoenas will be held before this court on THURSDAY,AUGUST 22,2013, at 1.00 p.m.,in Courtroom# 3 . By , Edward E. Guido, J. Jill N. Weikert, Esquire Matthew Ridley, Esquire :sl1d rri rn tom,.,* -.q co -a x ` David B. Dowling, Esquire i b j Attorney I.D.No. 25452 Jill N. Weikert,Esquire " 6; �� Attorney I.D. 208055 C BERLA;"D COUNT) RHOADS & SINON LLP One South Market Square, 12 Floor P.O. Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 E-mail: ddowling @rhoads-sinon.com jweikert@rhoads-sinon.com Attorneys for Plaintiffs KAREN M. OTSTOTand IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Case No. 11-9139 Civil Term V. Civil Action - Law JENNIFER L. LOVE , Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PLAINTIFFS' OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.24 To the Prothonotary: Please withdraw Plaintiffs' Objections to Defendant's Subpoenas pursuant to Rule 4009.24 dated May 29, 2013. Accordingly, there is no need for the conference before Judge Guido that is scheduled for August 22, 2013 per the Court's June 18, 2013 Order. RHOADS & SINON LLP By: J 11 N. Weikert O e South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 894885.1 N CERTIFICATE OF SERVICE I hereby certify that on this 9th day of August, 2013, a true and correct copy of the foregoing Praecipe to Withdraw Objections to Defendant's Subpoenas was served by means of United States mail, first class, postage prepaid, upon the following: Matthew Ridley, Esquire Johnson Duffle Stewart& Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 i Lynne G. Ritter r Fri-og-ric PH !: 42 PEENS YLV COUN i Y JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-9139 Civil Term V. CIVIL ACTION — LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) Plaintiffs' counsel has withdrawn their objections to the subpoenas, and the Praecipe to Withdraw Plaintiffs' Objections to Subpoena is attached; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 8/13/13 Attorneys for Defendants 574523 David B, Dowling, Esquire Attorney I.D.No. 25452 Jill N. Welkert, ►-,squire Attorney I.U.208055 RHOADS & SINON LLP n. One South Market Square, 12 Floor P.O. Box 1146 Harrisburg,'PA 17108-1146 (717)233-5731 E-mail: ddow I in g@j-li oads-s i non,coin jweikert@rhoads-sinon.com Attorneys for Plaintiffs KAREN VI. OTSTOTand IN THE COURT OF COMMON PLEAS OF ROBER"I' I", OTSTOT,her husband., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Cast:No. 1.1-9139 Civil Turn V. Civil Action -Law JENNIFER L. LOVE De-f'endant JURY TRIAL DEMANDED PIZAECIPETO WITHDRAW PLAINTIFFS' OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.24 To the Prothonotary: Please withdraw Plaintiffs' Obi ections to Defendant's Subpoenas pursuant to Rule 4009.24 dated May 29, 2013. Accordingly, there is no need for the conference before Judge Guido that is schedUled for August 22, 2013 per the Cottit's June 18, 2013 Order. RN.OADS & SrNON LLP By; �.Z-W 11 WA .TQIIN. �Wjkert 0 , Southivlarket Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 2313-5731 Attorneys for Plaintiffs a JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-9139 Civil Term V. CIVIL ACTION — LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Karen M. Otstot and Robert P. Otstot C/O Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that Defendant, Jennifer L. Love, intends to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the e A • undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By. Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant Date: May 14,, 2013 557223 22740-2999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff File No,11-9139 Civil Term vs. JENNIFER L.LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sanford,Roumm &Acharya Rheumatology (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: Copies of all medical records,medical reports,office notes,physical therapy records, correspondence,radiology films/CD's,radiology reports, hospital records,test reports and any other records from 1/4/2000 to present pertaining to any evaluation,care or treatment rendered to Karen M. Otstot a/k/a Karen M. Shumate a/k/a Karen M. Gotthard;DOB: 11/14/47;SS#xxx-xx-8822 at Johnson, Duffie, Stewart, & Weidner, 301 Market St,'Lemoyne, PA 17043 (Address) 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: Matthew Ridley,Esquire ADDRESS: 301 Market street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#204265 ATTORNEY FOR: Defendant BY THE COURT: � .-�o / Prothonotary,Civil Division Date: Deputy Seal'of th l Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff File No.11-913 9 Civil Term VS. JENNIFER L.LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Bureau of Workers' Compensation (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: Copy of entire workers'compensation file,including all forms,payment information,memoranda, reports,statements, adjuster notes, medical records, expert reports, utilization reviews,and any other information pertaining to Karen M.Otstot a/k/a Karen M. Shumate a/k/a Karen M. Gotthard;DOB: 11/14/47; SS#xxx-xx-8822;for any and all claims from 1/4/2000 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (Address) 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: Matthew Ridley,Esquire ADDRESS: 301]Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#204265 ATTORNEY FOR.'Defendant BY THE COURT: Prothonotary,Civil Division Date:_ ! �� Seal of the Court Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 14, 2013: Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By F NZIL6 Li sey P. Ri hey, Paralegal CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Certificate Prerequisite of Subpoenas upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 13th day of August, 2013, addressed to the following: Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: f L(ndsey Ritc , Paralegal I PSG 14 1: '- t:>i tIBERLANG COUNTY PENNSYLVANIA JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-9139 Civil Term V. CIVIL ACTION — LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby 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 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) PLAINTIFF'S COUNSEL HAS WAIVED THE 20 DAYS AND SAID WAIVER IS ATTACHED; and 4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. By: J 4 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 8/13/13 Attorney for Defendant 574519 JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0108 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT R OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ` NO. 11-9139 Civil Term v. CIVIL ACTION— LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Jill Neary Weikert, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena records from: 1. Zlotoff, Gilfert, Gold & Associates i � �r Date:.,,. .g. _�.. ..— By: A!! kLu J II Neary Weikert, Esquire JOHNSON,DUFFLE,STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw,com KAREN M. OTSTOT and IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-9139 Civil Term V. CIVIL ACTION—LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Karen M. Otstot and Robert P. Otstot C/O Jill Neary Weikert, Esquire Rhoads& Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that Defendant, Jennifer L. Love, intends to serve one (1) 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 on record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served, JOHNSON, DUFFLE, STEWART&WEIDNER By: //u /-I Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717)761-4540 Counsel for Defendant Date: August 6, 2013 573293 22740-2999 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN M.OTSTOT and ROBERT P.OTSTOT,her husband Plaintiff File No.11-4139 Civil Term vs. JENNIFER L.LOVE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Zlotoff,Gilfert,Gold&Associates (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: Copies of all medical records,medical reports,office notes,physical therapy records, correspondence,radiology films/CD's,radiology reports,hospital records,test reports and any other records from 1/4/2000 to present pertaining to any evaluation,care or treatment rendered to Karen M.Otstot a/k/a Karen M.Shumate atk/a Karen M.Gotthard;DOB: 11/14/47; SS#xxx-xx-8822 at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (Address) 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 N 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: Matthew Rid!ey,Esquire ADDRESS: 301 Market street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#204265 ATTORNEY FOR: Defendant BYjt Hl T �J Prothonotary,Civi Division Date: L �J Seal of the Court Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United 'States First Class Mail, postag e prepaid, in Lemoyne, Pennsylvania, on August 6, 2013: Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART&WEIDNER By. 4indsey P. Ritch y, Paralegal CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Certificate Prerequisite of Subpoenas upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 13th day of August, 2013, addressed to the following: Jill Neary Weikert, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART &WEIDNER By: Lindsey Rit ey, Paralegal -; + t,, ;itj 2G'1'JAN 28 4H11: ; c uh1BEBL PdD G �. PBNNS YL /4 NBmA� T JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com KAREN M. OTSTOT and • IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 11-9139 Civil Term v. • • CIVIL ACTION — LAW JENNIFER L. LOVE, Defendant JURY TRIAL DEMANDED UNOPPOSED MOTION FOR CASE MANAGEMENT ORDER AND NOW, comes the Defendant, Jennifer L. Love, by and through her counsel, Matthew Ridley and Johnson, Duffie, Stewart & Weidner, and files the following Unopposed Motion for Case Management Order: 1. This matter involves a two vehicle rear-end accident that occurred on January 4, 2010, in Camp Hill, Pennsylvania. 2. On August 1, 2012, the Plaintiffs filed a Complaint, alleging that Defendant Love negligently caused Karen Otstot to sustain physical injuries and caused a loss of consortium to Robert Otstot. 3. The pleadings are now closed. 4. The parties seek a Case 1Management Order, setting forth deadlines for the completion of discovery and the exchange of expert reports, etc. 5. The parties have agreed (upon the schedule set forth in the proposed order attached hereto. WHEREFORE, the Defendant, Jennifer L. Love, respectfully requests this Honorable Court grant her Unopposed Motion for COse Management Order and issue the proposed Case Management Order agreed upon by the Oates. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: /71_ Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: January 27, 2014 Counsel for Defendant 593476 2 • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January Z-7 , 2014: Jill N. Weikert, Esquire David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire KAREN M. OTSTOT and • IN THE COURT OF COMMON PLEAS OF ROBERT P. OTSTOT, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 11-9139 Civil Term v. • CIVIL ACTION — LAW JENNIFER L. LOVE, • Defendant JURY TRIAL DEMANDED CASE MANAGEMENT ORDER AND NOW, this 304day of uPi(Z,/ , 2014, it is hereby ORDERED that this matter will proceed on the following schedule: 1. Plaintiffs' expert report(s) shall be due no later than March 7, 2014. 2. Defendant's expert report shall be due no later than April 21, 2014, and fact/records discovery shall also be completed by that date. 3. Dispositive Motions are due by May 21, 2014. 5. Responses are due by June 5, 2014. 6. Upon completion of the above items, this matter may be listed for trial pursuant to the Cumberland County Rules of Procedure. 7. The schedule set forth above may be modified by signed stipulation of both parties filed with this Court, or by Order of this Court upon a party's Motion. BY TH.F'COURT 7 m t_' cn r- ca 7J C) By: AYE —4,-.,7 Distribution -` >> ; Jill Neary Weikert, Esquire of Rhoads & Sinon, LLP, One South Market Square, 12th Flom P.O B 1146, Harrisburg, PA 17108-1146, telephone number(717) 233-5731; Matthew Ridley, Esquire, of Johnson, Duffle, Stewart & Weidner, PC, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043, telephone number (717) 761-4540. /a airL //12c://Y M