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HomeMy WebLinkAbout13-3256 `Supreme Court of. Penns ylvania Court of-Common For Prothonotary Use Only: Civil Cover,Sheet _ ' Docket No: CUMBERLAND ' 1 9 , J f, County The inlbrmulion collected on this fi)r/n is used solely for court udininislrulion purl)oses. This Toren does not su1)/)1e1nen1 or rel)luce the fillng and service of pleadinijs or other papers as required by law or rules of court. Commencement of Action: S El Complaint Fx1 Writ of Summons EJ Petition E Transfer from Another Jurisdiction [] Declaration of Taking C Lead Plaintiffs Name: Lead Defendant'sName: T MICHAEL BENNETT ROSE NEIDIG I Are money damages requested? 2 Yes l No Dollar Amount Requested: Elwithin arbitration limits O (check one) Eloutside arbitration limits N Is this a Class Action Suit? ED Yes x No Is this an MDJAppeal? 0 Yes ix No A Name of Plaintiff /Appellant's Attorney: ANDREW C. SPEARS, ESQ O Check here if you have no attorney (arc a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X'' to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. [T ORT (do not include Russ T orl) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Q Debt Collection: Credit Card R Board of Assessment ❑x Motor Vehicle Q Debt Collection: Other Q Board of Elections Nuisance ] .Dept. of Transportation S 0 Premises Liability Ej Statutory Appeal: Other Q Product Liability (does not include E mass tort) O Employment Dispute: Q Slander /Libel/ Defamation Discrimination C ❑ Other: Q Employment Dispute: Other Zoning Board T EJ Other: I Q Other: O MASS TORT El Asbestos N Q Tobacco Toxic Tort - DES El Toxic Tort - Implant REAL PROPERTY n Toxic Waste MISCELLANEOUS 0 Ejectment 0 Other: El Common Law /Statutory Arbitration B El Eminent Domain /Condemnation Q Declaratory Judgment El Ground Rent 0 Mandamus El Landlord /Tenant Dispute Non - Domestic Relations E] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIA13LITY El Mortgage Foreclosure: Commercial Quo Warranto 0 Dental Partition (] Replevin E] Legal Q Quiet Title © Other: 0 Medical Other: 0 Other Professional: Updated 1/1/2011 r i.' i HE PRDTHONO3AR i 20 13 JUN - 6 PH 2: 1 1 CUMBERLAND COUNTY Andrew C. Spears PENNSYLVANIA Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Attorney for Plaintiff(s) Fax : (717) 233 -3029 E -mail: Spears@hhriaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013 ((/ Civil Action (XX) Law ( ) Equity Michael Bennett Rose Neidig 218 S. Sporting Hill Rd. 123 E Locust Street Apt. C Mechanicsburg, PA 17055 Mechanicsburg, PA 17050 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above - captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff Andrew C. Spears Handler. Henning & Rosenberg LLP 1300 Linglestown Road Suite 2 Harrisburg PA 17110 Signat C &Jo ney (717) 238 -2000 Supreme Court ID No. 87737 Name /Address /Telephone No. S' of Attorney Date: June 3, 2013 �sld3,�S 0� CIC-� 3tq 3� WRIT OF SUMMONS aQ 15-7D tl v y TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HA H E C MMENCED AN ACTION AGAINST YOU. Prot notary Date: by Deputy ( ) Check'here if'reverse is used for additional information PROTHON. - ,55''' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith : Chief Deputy Richard W Stewart Solicitor UFs ,1 � 1 � �� $v�tjptllA Michael Bennett Case Number vs Rose M Neidig 2013-3256 SHERIFF'S RETURN OF SERVICE 0611712013 02:15 PM-Deputy Shawn Gutshail, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Rose M Neidig at 123 E Locust Street, Mechanicsbu.513orough, Mecha 'csburg, PA 17055. UTSHAL l?LITY SHERIFF COST: $39.76 SO ANSWERS, 6Z June 18,2013 RbNt4Y R ANDERSON, SHERIFF (c)CountySulto Shentf,To]eosoft,Inc, F!LE_0 C If i.. F THE 2913 SEP 20 AM 1!* 03 CUMBEKAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-3256 ROSE NEIDIG, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as counsel for Defendant, Rose Neidig, in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER BY: W�1� Jqjey B. Rettig, Esquire (No. 19616) Ju a A. Morrison, Esquire (No. 307256) 301 Market Street Lemoyne, PA 17043 717-761-4540 jbr @jdsw.com; jap @jdsw.com Counsel for Defendant, Date: September 19, 2013 Rose Neidig 581278 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 19, 2013, as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: Q� it A. Morrison, Esquire 581278 iLEU-OFF IC :. 'i I F `r`Ri0'(H 0N1 ?Ai" 2013 SEP 20 A [1: 03 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-3256 ROSE NEIDIG, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. JOHNSON, DUFFIE, STEWART & WEIDNER BY: 4�RVAA"I Je ey B. Rettig, Esquire (No. 19616) Ju A. Morrison, Esquire (No. 307256) 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 jbr @jdsw.com; jap @jdsw.com Date: September 19, 2013 Counsel for Defendant, Rose Neidig 488077 a 1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 19, 2013, as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: A�W� J li A. Morrison, Esquire 488077 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2013-3256 ROSE NEIDIG, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO THE PLAINTIFFS: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. DATE: O 3 PROTHONOTARY 488077 "Lr'f�/alirt v L1i-1 -4't'P"i Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com MICHAEL BENNETT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 2013-3256 : CIVIL ACTION - LAW • ROSE NEIDIG • Defendant(s) NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Andrew C. Spears Attorney ID#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com MICHAEL BENNETT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 2013-3256 : CIVIL ACTION - LAW • ROSE NEIDIG • Defendant(s) AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los prOximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de,y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Andrew C. Spears(PA 87737) HANDLER,HENNING& ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BENNETT, Plaintiff, CIVIL ACTION— LAW v. NO.: 2013-3256 CIVIL ROSE NEIDIG, Defendant. COMPLAINT Plaintiff, Michael Bennett ("Mr. Bennett"), by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this complaint against Defendant, Rose Neidig ("Defendant"), and avers as follows: 1. Mr. Bennett is a competent adult individual and citizen of the Commonwealth of Pennsylvania currently residing at 218 S. Sporting Hill Road, Apartment C, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address of 123 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant was the operator of a 2009 Lexus RX, bearing Pennsylvania registration number ECA4197 ("Defendant's Vehicle"). 4. At all times material hereto, Mr. Bennett was a passenger in Defendant's Vehicle. Mr. Bennett was seated in the front passenger seat. 5. At all times material hereto, Mr. Bennett did not own an automobile, maintain automobile insurance, nor did he reside with a relative who owned an automobile. Therefore Mr. Bennett is entitled to recovery as if he had selected the full tort option. 6. At all times material hereto, the roadway was dry, and there were no adverse weather or road conditions. 7. On or about June 16, 2011, at approximately 11:00 a.m., Defendant's Vehicle was traveling westbound in the left lane on the Carlisle Pike near its intersection with Jeffrey Road, in Mechanicsburg, Cumberland County, Pennsylvania. 8. At all times material hereto, Joseph Tamanini was the owner and operator of a 2006 Ford ("Mr. Tamanini's Vehicle") and was traveling eastbound on the Carlisle Pike, approaching its intersection with Jeffrey Road. 9. Defendant attempted to make a left turn onto Jeffrey Road without having sufficient distance between her vehicle and oncoming traffic to compete the maneuver safely. 10. Suddenly and without warning, Defendant struck Mr. Tamanini's Vehicle head- on. 11. The aforementioned crash and Mr. Bennett's resultant injuries are the direct and proximate result of Defendant's negligence, specifically: a. In driving Defendant's Vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. § 3714; 2 b. In failing to be reasonably vigilant to observe the Mr. Tamanini's Vehicle; d. in failing to operate Defendant's Vehicle in only one lane, in violation of 75 Pa. C.S.A. § 3309 (1); e. In failing to have sufficient control of Defendant's vehicle, which would have allowed said vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; f. In failing to operate Defendant's Vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. C.S.A. §3361; g. Without exercising reasonable care in the operation and control of a vehicle, in violation of 75 Pa. C.S.A. § 3714. h. In operating Defendant's Vehicle at a speed in excess of the posted speed limit; i. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant's vehicle under such control that injury to persons or property could be avoided; and k. In turning a vehicle from one lane to another before it was reasonably safe to execute such a maneuver, in violation of 75 Pa. C.S.A. § 3334(a). 12. As a direct and proximate result of Defendant's negligence, Mr. Bennett has: a. suffered personal injuries, including, but not limited to, injuries to his neck and back, muscle cramps, and paresthesia in his legs and feet; b. suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; c. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to his detriment and loss; d. suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss; e. suffered a loss of income and/or earning capacity; and f. been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment and loss. WHEREFORE, Plaintiff, Michael Bennett, seeks damages from Defendant, Rose Neidig, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP Dated: October 11 , 2013 By: Andrew C. Spears (PA 87737) Attorneys for Plaintiff, Michael Bennett. 4 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /0 7 /*////'/,.? /1'L4. w =''r Michael Bennett Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax • (717) 233-3029 E-mail: Spears @hhrlaw.com MICHAEL BENNETT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff(s) • NO. 2013-3256 • ROSE NEIDIG • CIVIL ACTION - LAW • Defendant(s) CERTIFICATE OF SERVICE On October 18, 2013, I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Julia Phillips Morrison, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 HANDLER ENNING & ROSENBERG, LLP Dated: Andrew C. Spear • a 3 NOV - 1 AP, 11 :37 Johnson, Duffie, Stewart&Weidner �,r , : By: Jeffrey B. Rettig, Esquire `-� ,E�ER(-AND COUNTY I.D. No. 19616 + ENNS YLVA IA Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street - P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, v. : PENNSYLVANIA : NO. 2013-3256 ROSE NEIDIG, Defendant : CIVIL ACTION — LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff, Michael Bennett c/o Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 AND NOW, this ? \ day of October, 2013, you are hereby notified to plead responsively to the following Answer with New Matter within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER BY: R‘,1 , �► J it A. Morrison, Esquire Attorney I.D. No. 307256 301 Market Street Lemoyne, PA 17043 717-761-4540 jap @jdsw.com Counsel for Defendant, Rose Neidig Johnson, Duffie, Stewart &Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. : NO. 2013-3256 ROSE NEIDIG, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, ROSE NEIDIG, TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Rose Neidig, by and through her counsel, Johnson, Duffie, Stewart and Weidner, and files this Answer with New Matter to the Plaintiff's Complaint and states as follows: 1. It is admitted that the Plaintiff is who he says he is. After reasonable investigation, the Defendant is without sufficient information as to the truth or falsity of the remainder of the averments contained in Paragraph 1. Therefore, said averments are denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. To the best of the Defendant's belief, it is admitted that Mr. Bennett did not reside with a relative who owned an automobile at the time of the subject accident. The remainder of the averments of Paragraph 5 are legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Admitted. 8. After reasonable investigation, the Defendant is without sufficient information as to the truth or falsity of said averments. Therefore, said averments are denied and strict proof thereof is demanded at the time of trial. 9. Denied as stated. On the date, time, and place of the subject accident, the Defendant attempted to make a left turn onto Jeffrey Road with belief and understanding that there was sufficient distance between her vehicle and oncoming traffic. 10. Denied as stated. On the date, time, and place of the subject accident, it is admitted that a collision occurred between the vehicle driven by the Defendant and another vehicle travelling in the opposite lane of travel. The characterization of the accident as set forth in Paragraph 10 is denied. 2 11. Paragraph 11 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 12. Paragraph 12 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Rose Neidig, respectfully requests this Honorable Court enter judgment in her favor and dismiss the Plaintiff's Complaint with costs and prejudice imposed. NEW MATTER 13. The Plaintiff has failed to state a cause of action against the Defendant for which relief may be granted. 14. If it should be found that there was any negligence on the part of the Defendant, which is denied, then in any event, such negligence was not a proximate cause of the Plaintiff's alleged damages. 15. The Plaintiff's claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. CSA.§1701, et.seq. 16. To the extent that the Plaintiff has been paid or will be paid for some or all of his alleged damages, then claims for those damages are barred both the defense of payment and by Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 3 17. Plaintiff's alleged injuries may have been pre-existing to the subject accident. 18. Plaintiff's alleged injuries may have been caused by a subsequent and unrelated accident. 19. Plaintiff may have failed to mitigate his alleged injuries and damages. 20. Plaintiff's alleged cause of action may have been caused by other third parties and/or entities that are thus far unidentified and/or not parties to this lawsuit and over which the Defendant had no control. WHEREFORE, Defendant, Rose Neidig, respectfully requests this Honorable Court enter judgment in her favor and dismiss the Plaintiff's Complaint with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: Ali ar ►: .;1. J-' -y B. Rettig, Esquire Attorney I.D. No. 19616 Julia A. Morrison, Esquire Attorney I.D. No. 307256 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 jbr @jdsw.com; jap @jdsw.com Counsel for Defendant, Rose Neidig Date: October 31, 2013 4 VERIFICATION 1, Rose Neidig, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer with New Matter to Plaintiff's Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Att 1140's(C-\ ROSE NEIDIG Dated: — , 2013 • CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer with New Matter of Defendant, Rose Neidig, to Plaintiffs Complaint Matter has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 31, 2013, as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: Juli . Morrison, Esquire n;211131::s�'I i+2'tit Andrew C. Spears(PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road,Suite 2 Harrisburg,PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears @hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHAEL BENNETT, Plaintiff CIVIL ACTION—LAW v. NO.: 2013-3256 CIVIL ROSE NEIDIG, Defendant PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT,ROSE NEIDIG AND NOW, comes the Plaintiff, Michael Bennett, by and through his attorneys, HANDLER,HENNING & ROSENBERG,LLP, by Andrew C. Spears, Esquire, and hereby files the foregoing Reply to New Matter of Defendant as follows: 13. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 14. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 15. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701, et seq. speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 16. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701, et semc. speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 17. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 18. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 19. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 2 20. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter, enter Judgment in his favor, and enter such other Orders as are equitable and just. Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP By: Andrew C. Spears, Esquire I.D.No.: 87737 Attorney for Plaintiff Date: November 7, 2013 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Andrew . Spears, Esquire Date: 11/7/2013 Andrew C.Spears,Esq. Attorney ID#87737 HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road,Suite 2 Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff Fax : (717)233-3029 E-mail: Spears@hhrlaw.com MICHAEL BENNETT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2013-3256 ROSE NEIDIG, CIVIL ACTION-LAW Defendant . CERTIFICATE OF SERVICE On this 7th day of November, 2013, I hereby certify that a true and correct copy of Plaints Reply to New Matter of Defendant, Rose Neidig was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Julia A. Morrison,Esquire Johnson,Duffle, Stewart&Weidner 301 Market Street Lemoyne,PA 17043 Attorney for Defendant HANDLER,HENNING&ROSENBERG,LLP Andrew C. Spears,Esquire I.D.No.: 87737 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MICHAEL BENNETT G --.-:.--r. • " Z c✓t0 • NO. 2013-3256 'Z-_,..r" ROSE NEIDIG7' y „ r.CERTIFICATE po _ PREREQUISITE TO SERVICE OF A SUBPOENA x' '° PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena (s) for documents and things pursuant to Rule 4009 .22 JEFFREY B RETTIG, ESQUIRE certifies that : 1 . A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be served, 2 . A copy of the Notice of Intent, including the proposed subpoena (s) is attached to this certificate, 3 . No objection to the subpoena(s) has been received, and 4 . The subpoena(s) which will be served is identical to the subpoena (s) which is attached to the Notice of Intent to Serve the Subpoena (s) . Date: 12/02/13 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT .---iniL,"„ INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre MLR File #: R416407 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MICHAEL BENNETT Vs . ROSE NEIDIG No. 2013-3256 TO: ANDREW SPEARS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena (s) identical to the one (s) attached to this notice . You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 11/07/13 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc (s) .: Copy of subpoena(s) Counsel return card File #: R416407 COWONWEALTH OF PENNSYLVANIA 03U Tr'Y OF CUMBERLAND MICHAEL BENNETT Vs . • File No. 2013-3256 ROSE NEIDIG • SUBPOENA TO PRODUCE DOCUMENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22_ LIBERTY MUTUAL GROUP INC, C/O CORPORATION SERVICE CO, 2595 INTERSTATE D TO: HARRISBURG PA 17110 (Nall of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct.nents or things: SEE A •i r 11r . tu . at - - — MEDICAL LEGAL REPRODUCTIONS(,A E6s)4940 DISSTON ST. , PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpe I l i ng you to crnp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ ADDRESS: __- 301 MARKET RT LEMOYNE, PA 17043 TELEPHONE: SUPREhE COURT ID # 215-335-3212 ATTORNEY FOR: 1966 DEFENDANT BY THE COURT: R416407-01 Prothonotary/Clerk, Civil Division Seal o th Court " O?/I.f Deputy • (Eff. 7/97) ADDENDUM TO SUBPOENA MICHAEL BENNETT Vs. No. 2013-3256 ROSE NEIDIG CUSTODIAN OF RECORDS FOR: LIBERTY MUTUAL GROUP INC COMPLETE CLAIM FILE FOR CLAIM#: 19266411; DOL: 6/16/11 PERTAINING TO: NAME: MICHAEL BENNETT ADDRESS: 218 SOUTH SPORTING HILL RD APT C DATE OF BIRTH: 08/02/62 SSAN: XXXXX8008 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for LIBERTY MUTUAL GROUP INC CUMBERLAND R416407-01 * ** SIGN AND RETURN THIS PAGE t fl ED:OF7F1.0 s. OF THEP R•0 'I#3 i l Y{ no, C `.:r F..k_f,,NE) CO Li T L a 'S�'4�� 1�z k.t c �: 1 t � �4�t'i Johnson, Duffle, Stewart &Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, - : IN THE COURT OF COMMON PLEAS Plaintiff - : CUMBERLAND COUNTY, PA v. : NO. 2013-3256 • ROSE NEIDIG, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFF'S FULL AND COMPLETE DISCOVERY RESPONSES AND NOW, comes the Defendant, Rose Neidig, by and through her counsel, Johnson, Duffie, Stewart and Weidner, and files this Motion to Compel the Plaintiffs Full and Complete Discovery Responses and states as follows: 1. This matter arises out of a motor vehicle accident that occurred on the Carlisle Pike at its intersection with Jeffrey Road in Mechanicsburg, Cumberland County, Pennsylvania on June 16, 2011. 2. The Plaintiff commenced this litigation via Writ of Summons on June 6, 2013. A Rule to File Complaint was issued on September 20, 2013. The Plaintiff filed his Complaint on October 18, 2013. 3. In his Complaint, the Plaintiff alleges that as a result of the June 16, 2011, motor vehicle accident, he sustained bodily injuries to his "neck and back, muscle cramps and paresthesia in his legs and feet," as well as damages including medical expenses and loss of income and/or earning capacity. See Complaint at¶12. 4. On October 18, 2013, the Defendant served Interrogatories and a Request for Production of Documents upon the Plaintiff requesting more specific information and documentation relative to the above claims for bodily injuries and special damages. (A true and correct copy of the Interrogatories and Requests for Production of Documents are attached hereto as Exhibits A and B, respectively). 5. According to our Rules of Civil Procedure, the Plaintiffs full and complete Answers to the Interrogatories and Response to the Requests for Production of Documents should have been produced to the Defendant on or before November 18, 2013, representing thirty days after service of the discovery upon the Plaintiff. See Pa. R.C.P. 4006(a)(2) (relating to Answers to Written Interrogatories) and Pa. R.C.P. 4009.12(a) (relating to Responses to Requests for Production of Documents). 6. On November 14, 2013, Counsel for both parties discussed the existence of the discovery served on the Plaintiff and the approaching deadline for his response. 7. When the Plaintiffs discovery responses were not produced by November 18, 2013, the undersigned sent a courtesy follow-up letter to Plaintiffs Counsel on November 22, 2013, noting the overdue discovery responses and requesting that they be forwarded as soon as possible. (A true and correct copy of the November 22, 2013 correspondence is attached hereto as Exhibit C). 8. To date, the Plaintiff has not provided his full and complete discovery responses which is a violation of Pennsylvania Rules of Civil Procedure 4006 and 4009.12. 9. It is essential for the full and proper defense of this case and to move this case forward for the Plaintiffs discovery to be fully and completely answered. 10. The Defendant respectfully requests that this Honorable Court issue an Order compelling the Plaintiff to provide full and complete answers to the propounded discovery within twenty days. 11. A judge of this Court has not ruled upon any other matter in this case. 12. Pursuant to Local Rule 208.2(d), the undersigned Certifies that she sought the concurrence of opposing counsel to the relief sought in this Motion via email on Tuesday, December 10, 2013, by sending Counsel a copy of the within Motion. His concurrence was not received by the time of this filing. WHEREFORE, Defendant, Rose Neidig, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to produce his full and complete discovery responses within twenty days from the date of the Order, or suffer sanctions as this Court deems fit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: tV1 ti Watitk Jul`: `a` . Morrison, Esquire Atto ey I.D. No. 307256 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 jap @jdsw.com Counsel for Defendant, Rose Neidig Date: December 13, 2013 7 fl‘ • • ..•• Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. : NO. 2013-3256 ROSE NEIDIG, : CIVIL ACTION — LAW Defendant - : JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT FOR ANSWER BY PLAINTIFF To: Michael Bennett do Andrew Spears, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall .be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on supplemental sheet. DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT" —writings or recordings of any kind, whether handwritten, typed or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules and forms. B. "IDENTIFY" — when used with reference to a person, shall mean and include the full name, present last known business address, and if an individual, present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document writing, the word "identify" shall meant to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it,took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether 'that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" — means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical; electrical or other'recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing in nature, in accordance with the provisions'of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your'behalf learn the identity and location of - additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made,or knows that an Answer, though correct when made, is no longer true, they you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. . . . 1. Please state: (a) Your full name; . (b) Each other name, if any, which you have used or by which you have been known; . (c) The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past five years; (e) ._ Your present occupation and the name and address of your employer; (f) Date of your birth; (g) Your Social Security number; (h) Your military service and positions held, if any; and (i) The schools you have attended and the degrees or certificates awarded, if any. ANSWER: . 2. Please describe, in detail, how the subject accident occurred, including the location, a description of the impact, where the parties were seated, what the parties were doing immediately before the accident, the destination at the time of the accident and the purpose of the trip. (Please do not simply refer to the - Complaint) ANSWER: 3. Have you been charged and/or convicted of a crime of fraud and/or dishonestly in the last 10 years? If so, please describe. ANSWER: • 4. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 5. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert, state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory, the report of the expert or have the interrogatory answered by your expert.) ANSWER: • • 6. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: (a) The nature and extent of such injuries; (b) The location of any injuries sustained; and = (c) Whether any restraint or limitations from normal activities was suffered due to the injuries allegedly sustained. ANSWER: • 7. State the medical treatment or procedures that have been performed in any connection with the injuries allegedly sustained in this incident. Please also state the name and address of any and all physicians or doctors who performed any and all procedures and the dates in which any and all procedures were performed. ANSWER: • 8. If, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: (a) The injury or disease you suffered; ' (b) The date and place of any accident, if such injury or disease was caused by an accident; (c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury or diseases; and (d) The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. (e) If applicable, the identity of the workers' compensation carrier providing benefits resulting form any identified incident. ANSWER: 9. If the answer to Interrogatory 7 is in the affirmative, state your position with regard to the following: (a) Whether you sustained any injuries in this incident separate and apart from those identified in interrogatory 7. (b) If so, whether this incident aggravated or exacerbated the injuries described in Interrogatory 7. (c) If so, the extent of aggravation or exacerbation and w hether this has ceased. ANSWER: • 10. Do you currently receive treatment or medication for the injuries identified in Interrogatory 7. If so, please identify the type of treatment and/or medication. ANSWER: 11. For the period of three years immediately preceding the date of the incident, state: (a) The name and address of each of your employers, or if you were self- employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; and • (d) The wage, salary, or rate of earnings received by you in each employment. or self-employment, and the amount of income from employment and self- employment for each year. ANSWER: • 12. If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The names and addresses of your employers or, if you were self- employed,at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; (d) The wage, salary or ate of earnings received by your in each employment or self-employment, and the amount of income from employment and self- employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident, and the amount of any earnings or other benefits lost by you because of such absence(s). ANSWER: • • 13. lf, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity; (a) The duties and/or activities you have been unable to perform; (b) The periods of time you have been unable to perform; (c) The identity of all persons having knowledge thereof; and (d) Whether any restrictions or limitations were placed on your occupational or social activities by a physician and, if so, the identity of the physician and restriction/limitation. ANSWER:- • 14. Please state the name, address, and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which Plaintiff last consulted any physician for any type of physical complaint and the reason for such consultation. ANSWER: _ 15. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: • 16. Please state for a five (5) year period prior to or at any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in answer to any of the preceding Interrogatories. ANSWER: • 17. If you are making a claim for lost wages as a result of these injuries you allegedly received in this incident, please indicate the amount of wages lost and specify the source(s) of any and all lost wages. ANSWER: • • • 18. Are you now receiving, or have you ever received, any an disability pension, income, or insurance of workmen's compensation from any agency, company, person, corporation, state, or government? If so, please state: (a) The nature of any such payment; (b) The date you received such income; (c) For what injuries or disability you received it, and how such injury occurred or disability arose: (d) By whom paid; (e) Whether you now have-any present disability as a result of such injuries or disability.; (f) If so, the nature and extent of such disability; (g) Whether you had any disability at the time of the incident referred to in the -Complaint: and (h) If so, the nature and extent of such disability. ANSWER: . > 19. Have you made a claim for any benefits under any medical pay coverage or policy of insurance relating to the alleged injuries suffered in this incident? If so, please state: (a) The name of the insurance company or organization to whom such claim was made: (b) The date of the claim or application; (c) The claim and policy numbers; (d) Whether or not such claim was paid, and if so, the nature of the amount received; and (e) Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: • • 20. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. (Please do not merely refer to the Complaint) ANSWER: • 21. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: (a) The date and place ach such action was filed, identifying the name of the court, docket number, and attorneys representing each party; (b) A brief description of each such incident or lawsuit; and (c) The result of each such action, whether or not here was an appeal, and the nature of any such appeal. ANSWER: • s 22. Please identify each document which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or things, and attach copies to your Answers to these Interrogatories. ANSWER: • 7 23. Please identify all first party benefits which have been paid under the policy for medical services rendered to the Plaintiff as a result of the accident which forms the basis of this litigation. For each bill, identify the health care provider, the date(s) of service, the service(s) rendered, the amount of the bill and the amount of the payment. ANSWER: J ' 24. Please identify all bills of medical services rendered to Plaintiff as, a result of the accident, which have not been paid under the policy. For each such bill, identify the health care provider, the date(s) of service, the service(s) rendered, and the amount of the bill which remains outstanding. ANSWER: 25. Please identify all first party benefits which have been paid under the policy for Plaintiff's lost wages as a result of the accident which forms the basis of this ,litigation. For each such payment, identify Plaintiff's employers, the dates missed from work and the amount of the payment. ANSWER: • 26. Is Plaintiff seeking recovery of any lost wages which have not been paid under their PIP policy? If so, please identify the dates of employment, the employer and the amount of lost wages. ANSWER: 27. Please identify each '`program, group contract or other arrangement" as those terms are defined by 75Ps. C.S.A. §1719(b), which has paid, or is obligated to pay, any benefits to the Plaintiff for injuries and/or damages allegedly sustained in the accident which forms the basis of this litigation. For each such "program, group contract or other arrangement," please provide the following information: (a) Identify the "program, group contract or other arrangement", (b) identify the amount of benefits paid or payable to Plaintiffs as a result of their injuries and/or damages sustained as a result of the accident; and (c) For each benefit which has been paid, identify the health car provider which rendered the service, the date(s) of service, the service(s) rendered, the amount of the bill, and the amount of the payment. ANSWER: • 28. State whether you have settled any claims arising out of 'this accident. If so, describe the terms of such settlement and identify the party or parties you settled with. ANSWER: 29. At the time of the incident, state the following: (a) Whether you owned a vehicle; (b) Whether a vehicle was titled in your name; and (c ). If so, the make, year and model of the vehicle; and (d) Whether the vehicle's registration was current ANSWER: 30. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish or other drug, medicine, or pill during the eight hours immediately preceding the incident, state: (a) The nature, amount, and type of item consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased, or prescribed any of said items, if any. ANSWER: 31. Has Medicare or Medicaid, or any other entity (please identify all entities) paid any benefits to you or to anyone_ else on your behalf in connection with any treatment or injuries that you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: (a) The date you applied for said benefits; (b) The amount of benefits paid to date; (c) The case number, policy or other identifiers for any benefits paid or payable; (d) Whether benefits are still being paid to you or to a third party on your behalf by Medicare or Medicaid or any other entity(please identify entity) as of the date of answering this Interrogatory; (e) , Whether you or anyone on your behalf has provided notice to Medicare, Medicaid or the entity identified of the instant lawsuit, and if so, when; (f) Whether alien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; (g) Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: • • j 32. In the past ten years, has any entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received regardless of whether you maintain that they are the result of the accident, including but not limited to, Medicare, Medicaid, or any other type of medical assistance, disability pension, income or insurance, including .social security benefits, Department of Public Welfare benefits and/or workers'. compensation? if so, state the following: (a) The date you applied for said benefits; (b) The amount of benefits paid to date; (c) The case number, policy or other identifiers for any benefits paid or payable; (d) Whether benefits are still being paid to you or to a third party on your behalf by Medicare or Medicaid or any other entity (please identify entity) as of the date of answering this Interrogatory; (e) Whether you or anyone on your behalf has provided notice to Medicare, Medicaid or the entity identified of the instant lawsuit,and if so, when; (f) Whether a lien has been.asserted for the amount of benefits paid, and if • . _ .so,-the date you'received notice of the lien and the amount of the lien;. (g) Identify and produce a copy of any documents that contain any of the -information requested in this Interrogatory. -"ANSWER: • 33. If you have ever sustained a work injury, state the following: (a) The nature of the injury; (b) If disabled from the injury, provide the time length of the disability (c) Whether you received any type of settlement; and if so, the terms and conditions of the settlement _ (d) The name and address of the employer for each work injury ANSWER: JOHNSON, DUF IE, STEWART & WEIDNER By: t Ju a £ . M. nson L i . o. 307256 • • 301 Market Street PO Box 109 Lemoyne,-PA 17043 (717) 76t-4540 jam @jdsw.com • - Counsel for Defendant • CERTIFICATE OF SERVICE AND NOW, this /7° day of October, 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States. Mail, first class postage prepaid, at Lemoyne,-Pennsylvania, addressed as follows: Andrew C. Spears,.Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road; Suite.2 Harrisburg, PA 17110 Counsel for Plaintiff JOHN N DUFFLE STE AW RT &WEIDNER. 'By: nine Schwalm, Paralegal to ulia A. Morrison, Esquire • • • 582298 • a \ l i - Johnson, Duffie, Stewart &Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 Attorneys for Defendant, By: Julia A. Morrison, Esquire Rose Neidig I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2013-3256 ROSE NEIDIG, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF To: Michael Bennett c/o Andrew Spears, Esquire 1300 Linglestown Road • Harrisburg, PA 17110 (Attorney for Plaintiff) - Defendant hereby requests that you furnish pursuant to Rule 4009 of the - Pennsylvania Rules of Civil Procedure, at our expense, or permit the Defendant or someone acting on her behalf to inspect, examine, and copy the following items concerning this action which are in the possession, custody, or control of the Plaintiff, counsel for the Plaintiff, or any other person or entity .acting on behalf of the Plaintiff, including any insurer(s) for Plaintiff. Said items shall be produced or made available for inspection at the office of Defendant's attorneys located at 301 Market Street, Lemoyne, L • Pennsylvania, within thirty (30) days after service of this Request, on a date and time to be arranged between counsel: 1. All photographs showing, representing or purporting to show any of the persons, property, injuries and any and all other matters related to the subject matter of this litigation. 2. All statements, including but not restricted to those defined by Pa.R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, injuries, or any other matter involved in or pertaining to this case. 3. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. 4. All documents prepared by you or by any insurer(s), representative(s),- agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or'respecting strategy or tactics. - (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data- processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, • videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their behalf.) 5. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 6. All documents relating in any way to all injuries, damages and losses sustained by Plaintiff. This should include, but not be limited to bills, medical invoices, medical reports, medical records, medical bills, receipts, hospital records, charts and x- rays, wage and employment information, and all other documents in any way relating to Plaintiffs alleged injuries and damages, including any and all records which may be stored in a computer database or otherwise in electronic form. 7. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 8. All financial records concerning the Plaintiff including but not limited to any and all tax returns, W-2's, 1099 Forms, and other filings, employment records, and wage or salary information for a period of three (3) years prior to the date of this incident up to the present. 9. All documents which would support any claims for injuries/damages averred in Plaintiff's Complaint. • • • 10. Copies of all records and documents reflecting the payment of medical bills for Plaintiff and the amounts paid in satisfaction of such bills. 11. Copy of the police report 12. Any document or thing obtained by subpoena or authorization. JOHNSON, DUFFIE, STEWART &WEIDNER By: ..i 'a A . orrison I. u. No. 307256 301 Market Street PO Box 109 Lemoyne, PA 17043 (717) 761-4540 jam @jdsw.corh Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this /7—day of October, 2013, the undersigned-does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same- to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: - Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART&WEIDNER /C.c_ ;1 / Janine Schwalm, Paralegal to Julia A. Morrison, Esquire 582300 t 0.7 c r _ •JERRY R.DUFFIE lam, BARRIE B. GEHRLEIN RICHARD W. STEWART �- ANTHONY T.LUCIDO EDMUND G.MYERS L A W O F T I C E S CAROLYN B.NICCLAIN s• DAVID W.DELUCE - JOHN A.LUCY JOHN A.STATLER OHNSO� ULYSSES S.WILSON JEFFREY B.RETTIG 1111 JULIA A.MORRISON MARK C.DUFFIE DUF� MATTHEW RIDLEY _ JOHN R.NINOSKY MICHAEL J. CASSIDY OF COUNSEL . MELISSA P.GREEVY HORACE A.JOHNSON WADE D.MANLEY C.ROY WEIDNER.JP. • • W]:'C[TEI S'EXT.No. 164 E-MAIL J.A.11-1 @jdJaw.c.om • November 22, 2013 Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Re: Michael Bennett v. Rose Neidig Cumberland County C.C.P.; Docket No. 2013-3256 • Dear Mr. Spears: The Defendant's Interrogatories and Request for Production of Documents addressed to Mr. Bennett were forwarded to your office on October 18, 2013. Upon review of my file, I am aware that your client has not responded to those discovery requests. Kindly produce Mr. Bennett's discovery responses within 15 days from the date of this letter. If I do not receive them at the close of the set timeframe, I will unfortunately be forced to file a Motion to Compel. If you have any questions or requests with respect to this 15-day deadline, please do not hesitate to contact me at any time. Thank you. • Very truly yours, JOHNSON, DUFFIE, STEWART.& WEIDNER 1 tki4PAu u� orrison JAM/csf 593066 14775-3153 • • 301 MARKET STREET P.O.BOX 109 LEMOYNE,PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL @JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER,. P.C. c_ • CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing MOTION TO COMPEL THE PLAINTIFF'S FULL AND COMPLETE DISCOVERY RESPONSES has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 13, 2013, as follows:' Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART.& WEIDNER BY: Julia . Morrison, Esquire V. ■ 3 MICHAEL BENNETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA v. : NO. 2013-3256 ROSE NEIDIG, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED ORDER ON MOTION TO COMPEL PLAINTIFF'S FULL AND COMPLETE DISCOVERY RESPONSES AND NOW, this 2© ' day of D e.ce,14 b G.!' , 2013/2014, upon consideration of the Defendant's Motion to Compel the Plaintiffs Full and Complete Discovery Responses, and any and all response thereto, said Motion is GRANTED. The Plaintiff shall provide full and complete Answers to Interrogatories and Response to ....Request for Production of Documents within twenty (20) days from the date of this Li..ii E.:Order, ar .affer sanctions as deemed just. L `-'r, C) ,-r>-- BY THE COURT: "-- .1... c_.,./ E----'77,-:. \\\\A 44,1 , r ,„..) i Distribution List: AAndrew C. Spears, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Lingiestown Road, Suite 2, Harrisburg, PA 17110, Counsel for Plaintiff, AJulia A. Morrison, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043, Counsel for Defendant. %_ '' ■ 41,1 ,', X° /� Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 By: Julia A. Morrison, Esquire I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 jbr @jdsw.com; jam @jdsw.com MICHAEL BENNETT, v. ROSE NEIDIG, Plaintiff Defendant ham? CUIVSERLAND COUNTY PENNSYLVANIA Attorneys for Defendant, Rose Neidig • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, • PENNSYLVANIA NO. 2013 -3256 • CIVIL ACTION — LAW • JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for Defendant, Rose Neidig, in the above - captioned matter. Date: February 28, 2014 608584 JOHNSON, DUFFIE, STEWART & WEIDNER BY: A Lir iL L % 41: A. Morrison, Esquire I. r No. 307256 301 Market Street Lemoyne, PA 17043 717- 761 -4540 jam @jdsw.com Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 By: Karen L. Mascio, Esquire I.D. No. 88848 301 Market Street P. O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 jbr @jdsw.com; klm @jdsw.com MICHAEL BENNETT, v. ROSE NEIDIG, Plaintiff Defendant 1, 20110741? PH I: 34 Ctit1BERLAND COUNT '1/ PENNS A N/A Attorneys for Defendant, Rose Neidig IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013 -3256 CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Rose Neidig, in the above - captioned matter. Date: % 3 608584 JOHNSON, D FFIE, STEWART & WEIDNER BY: Karen L. Mascio, Esquire (No. 88848) 301 Market Street Lemoyne, PA 17043 717- 761 -4540 , 2014 klm @jdsw.com Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw/Enter Appearance has been served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 4, 2014, as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER BY: Connie S. 608584 ,.l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BENNETT Vs. NEIDIG NO. 2013 3256 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents pursuant to Rule 4009.22 KAREN MASCIO, ESQUIRE certifies 1-71 r'1 �r :21C) 7:- andit that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days the subpoena(s) is sought to be 2 A copy of the Notice of Intent, subpoena(s) is attached to this 3. No objection to the subpoena(s) prior to the date on which served, including the proposed certificate, has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/17/14 MLR File #: M420229 KAREN MASCIO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Robyn Feudo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BENNETT NEIDIG Vs. TO: ANDREW SPEARS, ESQ (PLAINTIFF) No. 2013 3256 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 03/27/14 Enc(s): Copy of subpoena(s) Counsel return card File #: M420229 KAREN MASCIO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILLADELPHIA, PA 19135 (215) 335-3581 By: Robyn Feudo COIMDNWE7LTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENNETT Vs. File No. 2013 3256 NEIDIG ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR JAMES THOMPSON III, 910 CENTURY DR, MECHANICSBURG PA 17055 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ori gs: SEE' Al i ACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(,A iegs)4940 DISSTON ST., PHILA., PA mir.You may deliver or mail legible copies of the docents or produce things requested $ this subpoena, together with the. certificate of compliance, to the party making thiE request at the address listed above. You have the right to seek in advance the rea.onabis cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde- o pelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: KAREN MASCIO, ESQ ADDRESS: 301 MARKET ST TELEPHONE: LEMOYNE, PA 17043 SUPREME COURT ID # ATTORNEY FOR: 215-335-3212 19616 DEFENDANT BY THE T: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) BENNETT Vs. NEIDIG ADDENDUM TO SUBPOENA No. 2013 3256 CUSTODIAN OF RECORDS FOR: DR JAMES THOMPSON III ANY AND ALL RECORDS, FILMS, ETC. FROM 1/1/07 TO DATE. PERTAINING TO: NAME: MICHAEL BENNETT ADDRESS: 218 S SPORTING HILL RD APT C MECHANCISB DATE OF BIRTH: 08/02/62 SSAN: XXXXX8008 ORIGINAL X-RAYS REQUESTED G CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M420229-01 DR JAMES THOMPSON III * * * SIGN AND RETURN THIS PAGE BENNETT Vs. NE ID IG COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 2013 3256 File No. SUBPOENA TO PRODUCE DOCUMEN � i ha -RAYS REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHO INST OF PA, 3399 TlitiL1 Pffen oaRVIV) HILL PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at (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 KAREN MASCIO, ESQ Address: 301 MARKET ST LEMOYNE, PA 17043 215-335-3212 Telephone: 19616 Supreme Court ID # DEFENDANT M42 dti5necy2For: Date: 7/ Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) BENNETT Vs. NEIDIG ADDENDUM TO SUBPOENA No. 2013 3256 CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL RECORDS, FILMS, ETC. FROM 12/1/01 TO DATE. PERTAINING TO: NAME: MICHAEL BENNETT ADDRESS: 218 S SPORTING HILL RD APT C MECHANCISB DATE OF BIRTH: 08/02/62 SSAN: XXXXX8008 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M420229-02 ORTHO INST OF PA * * * SIGN AND RETURN THIS PAGE * BENNETT Vs. NEIDIG COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 2013 3256 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GALLAGHER BASSETT SVC INIppII'C amWeenc158 t i 4ION SERVICE CO, 2711 CENTERVILLE WILMINGTON DE 19808 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM ICAL LEGAL REPRODUCTIONS, ITC, 4940 DISSTON ST., PHILA., PA (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 KAREN MASCIO, ESQ Address: 301 MARKET ST LEMOYNE, PA 17043 215-335-3212 Telephone: 19616 Supreme Court ID # At� DEFENDANT M42"Ot cney0F3or: Date: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) J BENNETT Vs. NEIDIG ADDENDUM TO SUBPOENA No. 2013 3256 CUSTODIAN OF RECORDS FOR: GALLAGHER BASSETT SVC INC ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: MICHAEL BENNETT ADDRESS: 218 S SPORTING HILL RD APT C MECHANCISB DATE OF BIRTH: 08/02/62 SSAN: XXXXX8008 ALL RECORDS FROM 8/24/92 TO DATE. CLM #010072015355WC01 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: i hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M420229-03 GALLAGHER BASSETT SVC INC * * * SIGN AND RETURN THIS PAGE * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY �) MICHAEL BENNETT -0 • Vs . m _c:;: r • NO. 2013 3256 (nr ry _. ROSE NEIDIG t ; c CERTIFICATE >c-) '73-• rc_ ry c_.' PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009 .22 KAREN MASCIO, ESQUIRE certifies that : 1 . A Notice of Intent to Serve the Subpoena (s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2 . A copy of the Notice of Intent, including the proposed subpoena (s) is attached to this certificate, 3 . No objection to the subpoena(s) has been received, and 4 . The subpoena (s) which will be served is identical to the subpoena (s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 06/05/14 KAREN MASCIO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Chelsea Torres MLR File #: M421997 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY p r MICHAEL BENNETT Vs . ROSE NEIDIG No. 2013 3256 TO: ANDREW SPEARS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 05/14/14 KAREN MASCIO, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Chelsea Torres Enc (s) : Copy of subpoena (s) Counsel return card File # : M421997 COt i NM• L H OF PaINSYLV,ANTA. COUNTY OF CUMBERIAND • MICHAEL BENNETT • • Vs . 2013 3256 File No. ROSE NEIDIG ORIGINAL X-RAYS REQUESTED MEDICALBILLING REQUESTED " SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR JAMES THOMPSON, 910 CENTURY DR STE 150, MECHANICSBURG PA 17055 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents oSE ''nOirTA_(;'_HFD ADDENDUM at • 11 nTRSTON ST. , PHILA. , .PA (Address) You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of corrp l i ance, to the party making th i request at the address listed above. You have the right to seek in advance the reasonable cost of preparing thecopies or producing thG things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days s its the party serving this subpoena may seek a court order- ��` s after t� service, tine ccnpelling you to comply with it. THIS SUBPOENA WAS ISSUED ARE ST QTHE FOLLOWING PERSON: NAME: ADDRESS: 301 MARKET ST LEMOYNE, PA 17043 • TELEPHONE: 215_-335-3212 S PRE'E COURT ID # - 19 G 16 - ATTORNEY FOR: D • M421997.-01 BY T1-€ auRT. Idebta .. iiLDATE: ////t/ �// 7 // 7/t / - , hoProtnotary/Clerk, Civil Division Seal of the Court ' s�i_ Deputy • (Eff. 7/97) ADDENDUM TO SUBPOENA MIeHAEL BENNETT Vs . No. 2013 3256 ROSE NEIDIG CUSTODIAN OF RECORDS FOR: DR JAMES THOMPSON" ANY AND ALL RECORDS, FILMS, BILLS, ETC. FROM 1/1/06 TO DATE. PERTAINING TO: NAME: MICHAEL BENNETT ADDRESS : 218 SPORTING HILL RD MECHANICSBURG PA DATE OF BIRTH: 08/02/62 SSAN: XXXXX8008 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR JAMES THOMPSON CUMBERLAND M421997-01 * * * SIGN AND RETURN THIS PAGE * * *