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Home My WebLink About13-5971 Supreme Court of Pennsylvania Courtf Comrlcn Pleas CVI CO�'t'Cet For Prothonotary Use Only: Docket No: Cumbi?land y County "") % 3 -5P ''lie information collected on this form is used solely for court administration purposes. This form does not sup plement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons ❑ Petition F71 Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E' C__,„ Lead Plaintiff s Name: Lead Defendant's Name: T Beverly A. Mumper Tanya M. Keller I 0 :heck here if'you are a Self - Represented (Pro Sep Litigant 0 Name of Plaintiff /Appellant's Attorney: Gerar C. Kramer, Schmidt Kramer, 209 State Street, Harrisburg, PA 17101 N Dollar Amount Requested: within arbitration limits Are money damages requested? : ❑X Yes 1:1 No (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes 0 No 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. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board tS ❑ Product Liability (does not include ❑ ❑Employment Dispute: m Statutory Appeal: Other ass tort) E ❑Slander /Libel/ Defamation Discrimination C El Other: ❑Employment Dispute: Other Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ N/lDJ - Money Judgment 0 MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R. C.P. 205.5 212010 20t3OCT 1 � PN -�Y CUM��jSYI.�A� A pEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA / No. 2 Vl/ Civil Action (X) Law () Equity Beverly A. Mumper and Tanya M. Keller David L.Mumper, her husband 242 E. King Street Apt 6 829 Forge Road Shippensburg, PA 17257 Carlisle, PA 17015 ; Plaintiff(s) 8s Address(es) Defendant(s) 8s 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 A Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. �— Date: )0/) ,D //,3 rard C. Kramer, Esquire upreme Court I.D. No. 44715 Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 (717) 232 -6300 arA C� ayco�s �. 9cloo WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. PV 1U " Prothonotary Date: � � �,l I t 9 , Deputy ( ) Check here if reverse is issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ' n ! 30 s t [ Chief Deputy -4, Richard W Stewart Solicitor r= .<r =w-EpI Beverly A Mumper(et aI) Case Number vs. Tanya M Keller 2013-5971 SHERIFF'S RETURN OF SERVICE 10!24/2013 12:53 PM-Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Karen Shurgart, Mother, who accepted as"Adult Person in Charge"for Tanya M Keller at 17 Tip Top Circle, ower Frankford Twp, Carlilse, PA 17015. r W CLIN , DE TY SHERIFF COST: $34.78 SO ANSWERS, October 25, 2013 RON R ANDERSON, SHERIFF OF 1HE -PROMO:NO.1AR). MAR -5 PH 1:29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs NO. 13-5971 Civil V. TANYA M. KELLER, JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA BY: George H. Eag quire Attorney for D dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: _ )3, BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, (quire Attorney for Def =�dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 THE P^ I V i 1 ONO liiii':, 2t)1 NAR -6 PM 2:66 CUMBERLAND COUNTY PENNSYLVANIA Cr-7'1'P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. NO. 13 -5971 Civil TANYA M. KELLER, JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: David D. Buell, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 -3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, STENGEL, QUINN & SOFILKA DATE: (13) — )))y BY: AND NOW, this Cpday of above directed. _,.11111111Pr., George H. Eager quire Attorney for Def -ndant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290 -7971 , 201, a Rule has been entered upon the Plaintiff as Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: C,)3 0 -/ v BY: EAGER, STENGEL, QUINN & SOFILKA Georg . Eage quire Attorney for D dant I.D. No. 277 1347 Fruitvi e Pike Lancaster, PA 17601 (717) 290-7971 SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney No. 44715 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Fax No. (717) 232 -6467 Attorneys for Plaintiffs gkramer(&,,schmidtkramer. corn THE P OTHONOig Y If I'M 24 PN 3: 50 CUMBERLAND COUNTY PENNSYLVANIA BEVERLY A. MUMPER AND DAVID L. MUMPER, her husband, : Plaintiffs v. TANYA M. KELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • : No. 13 -5971 • : CIVIL ACTION - LAW • : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 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 acci6n dentro de los pr6ximos 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 acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin ma's aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney No. 44715 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Fax No. (717) 232 -6467 Attorneys for Plaintiffs gkramer(a�schmidtkramer. corn BEVERLY A. MUMPER AND : IN THE COURT OF COMMON PLEAS DAVID L. MUMPER, her husband, CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v. : No. 13 -5971 TANYA M. KELLER, CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs BEVERLY MUMPER and David Mumper by and through their attorneys, GERARD C. KRAMER, ESQUIRE, and SCHMIDT KRAMER PC and avers the following: 1. Plaintiffs Beverly Mumper and David Mumper are adult individuals, wife and husband, with a physical address of 829 Forge Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant Tanya M. Keller is an adult individual with a physical address of 242 E. King Street, Apt 6, Shippensburg, and Cumberland County, PA 17257. 4. At all relevant times of the accident, Plaintiff Beverly Mumper was the operator of a 1999 Mitsubishi Mirage. 5. At all relevant times of the accident, Defendant was the operator of the 1998 Chevrolet Lumina. 6. The plaintiff Beverly Mumper was traveling southbound on Calvary Road. 7. Defendant was traveling northbound on Calvary Road. 8. Defendant became distracted by something in the vehicle, crossed the double yellow line, and struck Ms. Mumper's vehicle nearly, head-on. 9. Defendant was cited for violating the Pennsylvania Motor Vehicle Code for highways laned for traffic by the North Middleton Township Police Department, Incident No. 11-00532. 10. There were no adverse conditions, Plaintiff was belted, and no other vehicles were involved. 11. As a direct result of the accident, Plaintiff sustained, inter alia, the following injuries: a. Abdominal injury; b. Hip contusion; c. Joint pain of shoulder; d. Elbow sprain; e. Lateral epicondylitis; f. Wrist sprain; g. Thumb sprain; h. Basilar thumb arthrosis; i. De Quervian tenosynovitis; j. Left thumb carpometacarpal joint arthritis; k. Metacarpophalangeal joint hyperextension; 1. Left thumb ligament reconstruction tendon interposition; and m. Metacarpophalangeal joint pinning. COUNT I NEGLIGENCE BEVERLY MUMPER V. TANYA M. KELLER 12. Plaintiff incorporates Paragraphs 1 through 11 of this Complaint as if set forth in full. 13. The accident at issue was initiated and legally caused by the negligence, carelessness and/or recklessness of Defendant, consisting of the following: a. Failing to have her vehicle under proper and adequate control; b. Operating a vehicle so as to create a dangerous situation for other vehicles on the roadway; c. Failure to observe Plaintiff's vehicle on the roadway; d. Failure to keep a reasonable lookout for other vehicles lawfully on the roadway; e. Failure to keep a proper lookout for approaching vehicles; f. Failure to observe oncoming traffic; g. Failure to yield half of the roadway to oncoming traffic; h. Failure to keep her vehicle within the proper lane of traffic; i. Violating provisions of the Pennsylvania Motor Vehicle Code, including 75 Pa. Cons. Stat. § 3309. 14. As a direct and proximate result of the motor vehicle accident, Plaintiff has been advised and, therefore avers, that she has suffered injuries that are/were serious and may be permanent in nature and effect and, thus, a claim for these injuries is made. 15. As a direct and proximate result of the motor vehicle accident, Plaintiff has incurred medical expenses for her injuries and may continue to incur medical expenses collectable under the Pennsylvania Motor Vehicle Financial Responsibility Act and thus, a claim for these expenses is made. 16. As a direct and proximate result of the motor vehicle accident, Plaintiff has undergone in the past, and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 17. As a direct and proximate result of the motor vehicle accident, Plaintiff has suffered a serious impairment of her daily functions including the ability to perform her normal daily activities. 18. As a direct and proximate result of the motor vehicle accident, Plaintiff may have suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 19. As a direct and proximate result of the motor vehicle accident, Plaintiff has suffered a loss of earnings and earning capacity. 20. Plaintiff makes claim for all non-economic damages permitted by Pennsylvania statutory and common law. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant judgment in her favor and against the Defendant in an amount in excess of the amount requiring compulsory arbitration. COUNT 2 LOSS OF CONSORTIUM BEVERLY MUMPER V. TANYA M. KELLER 21. Plaintiff incorporates Paragraphs 1 through 20 as if set forth in full. 22. As a result of Tanya M. Keller's negligence, the Plaintiff, David L. Mumper, has been deprived of the society, companionship, and services of his wife, Plaintiff Beverly Mumper. WHEREFORE, Plaintiff David L. Mumper demands judgment against the Defendant, Tanya M. Keller, in an amount in excess of the amount requiring compulsory arbitration. Date: PL\ I N By: Respectfully Submitted, SCHMIDT KRAMER PC d C. Kramer, Esquire No. 44715 09 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.corn Attorney for Plaintiff(s) VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, BEVERLY MUMPER, verify that I am the Plaintiff in the foregoing action, and that the attached is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT, and to the extent that it is based upon 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 contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. J// /L/ Date Beverly Mumper AND NOW, this CERTIFICATE OF SERVICE day of , 2014, I, Gerard C. Kramer Esquire, hereby certify that I have this day served a true and correct copy of Civil Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: George H. Eager, Esquire Eager, Spine llo, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 Respectfully submitted, SCHMIDT KRAMER PC By: erard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer.corn Attorney for Plaintiffs CONBERL AND L' PE NSYI_VVANIAl4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. NO. 13-5971 Civil TANYA M. KELLER, JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT TANYA M. KELLER, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1. Admitted. 2. Denied. The last known address of Defendant Tanya M. Keller is 17 Tip Top Circle in Carlisle, Pennsylvania. 3-4. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 5. Admitted. 6-11. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT I — NEGLIGENCE BEVERLY MUMPER v. TANYA M. KELLER 12. Paragraphs 1 through 11 of Defendant's Answer are incorporated herein by reference as though fully set forth. 13-20. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II — LOSS OF CONSORTIUM BEVERLY MUMPER v. TANYA M. KELLER 21. Paragraphs 1 through 20 of Defendant's Answer are incorporated herein by reference as though fully set forth. 22. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 23. Paragraphs 1 through 22 inclusive above are incorporated herein by reference and made a part hereof. 24. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to her under the aforementioned act. 25. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference.\ 26. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 27. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 28. Plaintiffs' claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. DATE: 05 )a l l iq BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager (quire Attorney for De dant I.D. No. 2774/ 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, TANYA M. KELLER, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Dated: H TANYA M. KELLER CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: OS 121 I ti BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, quire Attorney for Def ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 F BERL ti ND COU PENNSYLVANIA NTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. NO. 13-5971 Civil TANYA M. KELLER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff Beverly A. Mumper upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: 05-12.1 )1 t. BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, uire Attorney for Defe ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. NO. 13-5971 Civil TANYA M. KELLER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Defendant's Loss of Consortium Interrogatories Addressed to Plaintiff David L. Mumper upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: OS -121))q BY: EAGER, STENGEL, QUINN & SO ILKA George H. Eger, E ire Attorney for Defen : nt I.D. No. 27740 1347 Fruitville Pi e Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. NO. 13-5971 Civil TANYA M. KELLER, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: /4Z I ll7 BY: C-) C po r - EAGER, STENGEL, QUINN & SOFILKA George . - •er, squire Attorney for Ief-ndant I.D. No. 27 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 v CF Th FILED �OF ICE , ti5jp„, CelaGlY'vl'iL 2014 ALO 12 A;49 IG: ;; I CUMBBRL AND COUNTY pE itiSYLvA,R` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. NO. 13-5971 Civil TANYA M. KELLER, : JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: rrii I �� George H. Eag: , ' squire Attorney for Pe ndant I.D. No. 27 1347 Fru e Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, vs. TANYA M. KELLER 13-5971 Court of Common Pleas NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Yellow Breeches Family Practice All available Holy Spirit Hospital Radiology Holy Spirit Hospital Medical Appalachian Orthopedics All available Carlisle Regional Medical Center Radiology Carlisle Regional Medical Center Medical Orthopedic Institute of PA All available Walnut Bottom Radiology All available Carlisle Regional Medical Center Rehabilitation Services Radiology Carlisle Regional Medical Center Rehabilitation Services Medical TO: Gerard C. Kramer, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 7/7/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, VS. TANYA M. KELLER Counsel County of Cumberland Court of Common Pleas Firm Counsel Type Kramer, Esquire, Gerard 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing C. 717-232-6467 Counsel CC V ONVT'rr.ALTH OF PENNSYLVANIA COUNTY OF Cu ERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, : File No. VS. TANYA M. KELLER TO: 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009/2 Appalachian Orthopedics (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 thinEs: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegible copies of the documents or produce things requested by this subpoena, together with the certificate of comptianre, to the party making this request at the address listed shove. 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 orda compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT REQUEST OF THS FOLLOWING PERSON: NAIvfE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTOF.NEYFOR Defense Date: 1 l Seal of the Court Deputy BY THE COURT: Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Appalachian Orthopedics 1 Dunwoody Drive Carlisle PA 17015 Attention: Records Department Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COt124.O1dWEALTH OF PENNSYLVANIA COUNT? OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSpAND, Vs. TANYA M. KELLER TO: File No. 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR TEUNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Regional Medical Center - Radiology (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prods) re the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Legible copies of the documents or produce things requested by this subpoena, together with the certificate of compUnnre, to the party making this request at the arleress 1ted above. You have the right to seep 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 maiseek a court circlet compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT 1 tit; REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense BY TIIE COURT: Prothonotary, Civil Division --C/ Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle PA 17015 Attention: Radiology Films Library Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002 to Present COP24.014WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, File No. VS. TANYA M. KELLER TO: 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Regional Medical Center - Medical (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mall legible copies of the docnrnrnts or produce things requested by this subpoena, together with the certificatc of compliAnre, to the parr, making this request at the address listed above. You have the right to seek in advance thereasonable cost of preparing the copies or producing the thingssought. 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 ordef compelling you to comply with it: THIS SUBPOENAA WAS ISSUED AT 'li h REQUEST OF Tl3E FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 F'ruitville Pike Lancaster, PA, 1/601 TELEPHONE: 717 -2 90 -7 971 . SUPRE E COURT ID # 27740 ATTORNEY FOR: Defense Date: BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle PA 17015 Attention: Medical Records Correspondence Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records. 1/1/2002 to Present COMIADVIWT3ALT11 OF PENNSYLVANIA. COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSpAND, VS. TANYA M. KELLER TO: : File No. 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR TH1NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Regional Medical Center Rehabilitation Services - Radiology (Name of Person or Entity) • Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of complianre, to the per, ng 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 afttr.its service, the partyrerving this subpoena may•seek a court ordef compelling you to comply with it • T.KTS SUBPOENA WAS ISSUED AT TEE R.BQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID# 27740 ATTOPNE.f FOR, Defense Date: —7/7/N Seal of the Court BY THE COTJRT: Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Carlisle Regional Medical Center Rehabilitation Services 417 Village Drive Suite 4 Carlisle PA 17015 Attention: Radiology Films Library Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to Present, including X -Rays, MRI, and CT scans. Com ONWEALTH OF PENNSYLVANIA COUNTY OF CUlyiBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, File No. VS. TANYA M. KELLER TO: 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Regional Medical Center Rehabilitation Services - Medical (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mil 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 aridress 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 'i'!± REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense Date: Seal of the Court Deputy BY THE COURT: laff-1.4L-Th Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Carlisle Regional Medical Center Rehabilitation Services 417 Village Drive Suite 4 Carlisle PA 17015 Attention: Medical Records Correspondence Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to Present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. C011ni'ONW....ALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, VS. TANYA M. KELLER TO: : File No. 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR TRIGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Holy Spirit Hospital - Radiology (Name of Person or Entity) • Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or Mines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 Andress listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fad 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 cadet compelling you to comply with it • TIUS SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREhFE COURT ID # 27740 ATTORNEY FOR: Defense Date: Pro Seal of the Court Deputy BY TEE CO thonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Radiology Films Library Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records 1/1/2002 to Present CO3v40N,1WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, VS. TANYA M. KELLER TO: File No. 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Holy Spirit Hospital - Medical (Name of Person or Entity)• Within twenty (20) days after service of this subpoena, you are ordered by the court to prodrire the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compIi ire, to the party making this request at the arWress 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 ordet compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense Date: BY THE COURT: Prothonotary, Civil. Divisiou J eputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: Please remit: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech) (7) MRI, CT and x-ray records and films; also to be included are pain clinic records 1/1/2002 to Present CONNONTEALTH OF PENNSYLVANIA COUNTY OF C u1EPAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSpAND, File No. VS. TANYA M. KELLER TO: 13-5971 SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Orthopedic Institute of PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compGpnre, 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 •1.kih REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 11.47 Fr Ili tvil le Pike Lancaster, PA, 17601 TELEPHONE: 71 7 -'J C Cl -7 Q 7 1 SUPREME COURT ID# 9 77 4 ATTORNEY FOR: Defense Date: I/V Seal of the ourt Deputy BY TEE COURT: Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Orthopedic Institute of PA 3399 Trindle Road Camp Hill PA 17011 Attention: Records Department Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COMIviONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, : Pile No. VS. TANYA M. KELLER TO: 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR TANGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Walnut Bottom Radiology (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tb.ines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegble 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 a leress 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 • TEES SUBPOENA WAS ISSUED AT =REQUEST OF TEE FOLLOWING PERSON: N.A/stE: George H. Eager, Esquire ADDRESS: 1747 Frnitville Pike Tancaster, PA, 17601 TELEPHONE: 717- n-7071 . SUPREME COURT ID # 77740 ATTORNEY'FOR: Defense Date: 7// v Seal of th Court BY THE COURT: //.9..ot?,adjh.5GtJL ' Prothonotary, Civil Division ,C24.(2.t. Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Walnut Bottom Radiology Belvedere Medical Center 850 Walnut Bottom Road Carlisle PA 17013 Attention: Records Department Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists COMiONWEALTS OF PENNSYLVANIA COUNTY OF C EBERLAI.W BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSpAND, VS. TANYA M. KELLER TO: File No. 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR TECNGS FOR DISCOVERY PURSUANT TO RULE 4009,22 Yellow Breeches Family Practice (Name of Person or Entity) • Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iegibie copies of the docttrnrnts or produce things requested by this subpoena, together with the certificate of compliAnre, to the party making this request at the seeress 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 TEE REQUEST OF TEE FOLLOWING PERSON: NAME: George ii. Eager, Esquire ADDRESS: 1 147 Frui tvi l le Pike Lan{'a9ter, PA. 17601 TEL PHONE: 717_7q0„-7(471 SUPREME COURT lD # 77740 ATTORNEY FOR: Defense Date: Seal of the Court c Deputy BY TEE COURT: /241,Lizt_13/2—V_IL Prothonotary, Civil Division Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Yellow Breeches Family Practice 1358 Lutztown Road Boiling Springs PA 17007 Attention: Records Department Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: C'. /1/ BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager " squire Attorney for Def - ndant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramerAschmidtkramer. com "� F1LPROTHONOTARY E fl -0 F E jF I HEPROTHO O . R`; 2014 OCT 10 PH 12: 1D CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff BEVERLY MUMPER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF v. : No. 13-5971 TANYA M. KELLER, : CIVIL ACTION — LAW DEFENDANT. : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW ,'MATTER AND NOW comes the Plaintiff, Beverly Mumper, by and through her attorneys Schmidt Kramer, PC and respectfully responds to the new matter of the defendant as follows: 23. Paragraph 23 contains no factual allegations and no response is required. 24. Paragraphs 24 through 28 contain no factual allegations to which a response is required. WHEREFORE, Plaintiff requests the new matter be dismissed. Date: s( -01,F 'oda By: Respectfully Submitted,' SCHMIDT KRAMER, PC G- and C. Kramer, Esquire .D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Attorney for Plaintiff VERIFICATION I, Gerard C. Kramer, attorney for the Plaintiff, verify that I am the attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knowledge of the Plaintiff, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on behalf of the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. SCHMIDT KRAMER PC DATED: t�. By: G - and C. Kramer, Esquire .D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer CERTIFICATE OF SERVICE AND NOW, this ZCI. day of /'kC)(. 2014, I, Gerard C. Kramer Esquire, hereby certify that I have this day served a true and correct copy of Plaintiff's Response to Defendant's New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: George H. Eager, Esquire Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 Respectfully submitted, SCHMIDT KRAMER PC By: rard C. Kramer, Esquire .D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer.com Attorney for Plaintiffs D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13-5971 Civil r� ;{nr CD BEVERLY A. MUMPER and DAVID L. MUMPER, her husband, Plaintiffs v. TANYA M. KELLER, JURY TRIAL DEMANDED Defendant i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: I I \ (7 SI PSI George H. Eag= , - squire Attorney for I -f- dant I.D. No. 277 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, vs. TANYA M. KELLER Court of Common Pleas 13-5971 NOTICE OF INTENT TO SERVE, A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Susquehanna Valley Pain Management/Spinal Diagnostic Center All available TO: Gerard C. Kramer, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 10/20/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, VS. TANYA M. KELLER County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Kramer, Esquire, Gerard 209 State Street Harrisburg PA 17101 P: 717-232-6300 F: Opposing C. 717-232-6467 Counsel CONflviONWEALTH OF PENNSYLVANIA COUNTY OF CUMBH,RLAND BEVERLY MUMPER AND DAVID L. MUMPER, HER HUSBAND, File No. VS. TANYA M. KELLER TO: 13-5971 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Susquehanna Valley Pain Management/Spinal Diagnostic Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tbines: .1•••111110111111000100.001MMINI*1111.11•MM••••••••, See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) :You. may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certifs.' ante 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 sou4ht. • • If you fall to produce the documents or things required by this subpoena within twenty (20) days after.its service, the partyserving this subpoena may'seek a court ordet carapellhig you to comply with it • TEM SUBPOENA WAS ISSUED AT TEE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE; 717-290-7971 SUPREMECOURT1D# 27740 ATTORNEY FOR: Defense Date: )r -d) Seal of the Court •••••••••••110.11 Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Susquehanna Valley Pain Management/Spinal Diagnostic Center 390 East Pomfret Street Carlisle PA 17013 Attention: Records Department Subject: Mumper, Beverly SS#: 0010 Date of Birth: 05/04/1959 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2014 to present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre -paid: Gerard C. Kramer, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 DATE: I 4/ BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, E •ire Attorney for Defer:.- t I.D. No. 27740 1347 Fruitvilike Lancaster, ' A 17601 (717) 290-7971