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HomeMy WebLinkAbout05-3174SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 ATTORNEY FOR PLAINTIFF(S) 34T" FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 FRED ESSIS AND KATRI 18 Village Road Mechanicsburg, PA 17055 V. JOANNEPECHART 17 Mayfield Road Mechanicsburg, PA 17055 h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 05-311'/ LLfvi( 1C JURY TRIAL DEMANDED PnMPL A TNT_ CIVII. ACTInN 'NOTICE 'AVISO 'You have been sued in court. If you wish to defend against the claims set forth in 'Le ham demandado en Corte. Si usted quiere defenderse contra las demandas nombradas en las pdginas siguientes, tieae vemte (20) Chas, a partir de recibir esta the following pages, you must take action within twenty (20) days after this complaint demanda y la notification pars emablar personalmente o per un abogado una and notice are served, by entering a written appearance personally or by an attorney comparecencia escrita y tambien para entablar con la Corte en forma esCnta sus defensas y objeciones a (as demandas contra used. Sea avisado qua si usted no se defiende, el and filing in writing with the court your defenses or objections to the claims set forth case puede contruar sin usted y la Corte puede incorporar un julclo COMM usted sin against you. You are warned that if you fail to do so the case may proceed without previo aviso para conseguir el dinero demandado en el pleito o para conseguir culquier otra demanda o alivio solicitados por el demandante. Usted puede perder dinero 0 you and a judgement may be entered against you by the court without further notice propiedad u Cities derechos importantes para usted. for any money claimed in the complaint or for any other claim or relief requested by USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI the plaintiff. You may lose money or property or other rights important to you. USTED NO TIENE ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA PARGAR A UN ABOGAOO), VAYA EN PERSONA 0 LLAME FOR TELEFONO LA OFICINA NOMBRADA ABAJO 'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL ES7A OFICINA GO TO OR TELEPHONE THE OFFICE SET FORTH A LAWYER OR CANNOT AFFORD ONE BOGADO PDFnE PROFORCIONARLE LA INFORMATION SOBRE CONTRATAR A N A B , BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, SI HSTED Nn TIFNF nINERO SUFICIENTE PARR PAGAR A UN ABOGADO ESTA OFICINA Twc nPFI?F fAN PRnyIDF vrai WITH INFORMATION ABOUT IN A LAWYER Pi FnE PROPORCIONARLE INFORMACiON SOBRE AGENCIES OUE OPRECEN SERVICIOS ff YO CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLET O PROVIDE LECALES A PERSONAS OUE CUMPLEN LOS REOUISITOS PA RA UN HONORARIO YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO REOUCIDO 0 NINGUN HONORARIO FLIGiBLE PERSONS AT A REDUCED FEE O0. NO FEE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 (717) 249-3166 (Ill) 249-3166 SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 ATTORNEY FOR PLAINTIFF(S) 34TH FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. OS- 3/7t/ l'ui? 1FJ2 JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 JURY TRIAL DEMANDED COMPLAINT - CIVIL ACTION Plaintiffs, FRED ESSIS and KATRINA ESSIS, claim of defendant, JOANNE PECHART, separate sums in excess of $50,000.00 in damages, upon causes of action whereof the following are true statements: COUNTI FRED ESSIS v. JOANNE PECHART 1. Plaintiff, FRED ESSIS, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 18 Village Road, Mechanicsburg, PA 17051. 2. Plaintiff, KATRINA ESSIS, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 18 Village Road, Mechanicsburg, PA 17051. 3. Defendant, JOANNE PECHART, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 17 Mayfield Road, Mechanicsburg, PA 17055 . 4. On July 11, 2003, defendant, JOANNE PECHART, owned, managed, maintained, possessed and/or controlled a certain motor vehicle, namely a 2001 Ford Windstar motor vehicle 2 bearing PA license plate number EHL9323, and was traveling in a southerly direction on Sporting Hill Road in Hampden Township, Pennsylvania. 5. At the time and place aforesaid, plaintiff, FRED ESSIS, was the operator of a certain motor vehicle, namely a 1998 Volvo bearing license plate number ESK3559, which motor vehicle was lawfully and properly stopped in a southerly direction on Sporting Hill Road, in recognition and appreciation of the traffic and road conditions then and there existing. 6. At the time and place aforesaid, defendant, JOANNE PECHART, so carelessly and negligently operated her vehicle, as aforesaid, by disregarding all traffic controls, by failing to properly and adequately maintain control and safe operation of her said motor vehicle and by failing to have said motor vehicle under such control so as to have been able to bring her vehicle to a stop prior to crashing into the rear of plaintiff's motor vehicle, causing plaintiff to sustain those most serious and permanent personal injuries more specifically set forth hereinafter. 7. Defendant, JOANNE PECHART, was careless and negligent in: (a) Operating her said motor vehicle at an excessive rate of speed under the circumstances; (b) Failing to maintain proper and safe control of her said motor vehicle; (c) Failing to maintain such control of her said motor vehicle so as to have it in a position to bring it to a stop without causing serious personal injuries to plaintiff; (d) Crashing into the rear of the motor vehicle being operated by FRED ESSIS; (e) Failing to bring her motor vehicle to a stop without crashing into another motor vehicle; 3 (f) Failing to maintain a proper and safe lookout for traffic and road conditions then and there existing; (g) Failing to observe traffic and vehicular conditions then and there existing; (h) Failing to observe safe driving precautions and procedures under all of the circumstances; (i) Failing to obey traffic signals, controls, signs and warnings then and there existing; 0) Operating her said motor vehicle in violation of the Ordinances, Laws and Statutes of the Commonwealth of Pennsylvania; (k) Operating her said motor vehicle in a careless and negligent manner; and (1) Failing to exercise reasonable care under all of the circumstances. 8. By reason of the carelessness and negligence of defendant, JOANNE PECHART, as aforesaid, plaintiff, FRED ESSIS, was caused to sustain serious, disabling and permanent personal injuries: he sustained a distal supraspinatus rotator cuff tear; he has been required to undergo an acromioplasty and repair of left rotator cuff tear major surgical procedure; he has suffered from severe left shoulder pain; he has suffered from the loss of the range of motion of his left shoulder; he has suffered from the loss of strength of his left shoulder and arm; he sustained a sprain and strain of his lumbar spine; he has suffered from a sprain and strain of his cervical spine; he has suffered from back pain; he has suffered from neck pain; he sustained further injuries to the bones, muscles, nerves, tissues and ligaments of his body, the full extent of which is yet to be determined; he sustained other injuries to his nerves and nervous system; he sustained other orthopedic, neurologic and psychological injuries, the full extent of which is yet to be determined; he has in the past been required and may in the future continue to be required 4 to submit to x-rays, MRIs and other diagnostic studies; he has in the past suffered and may in the future continue to suffer agonizing aches, pains and mental anguish; he has in the past and may in the future continue to endure pain and suffering; he has in the past been and may in the future continue to be disabled from performing his usual duties, occupations, avocations, all to his great loss and detriment. 9. By reason of the carelessness and negligence of defendant, as aforesaid, plaintiff has incurred various expense, including medical expenses and bills, plaintiff may be obligated to continue to expend monies and incur further obligations for his medical care and treatment, for an indefinite period of time in the future. 10. Plaintiff has sustained and makes claim for pain and suffering, loss of physical function, permanent physical, mental and psychological injuries, scarring, property damage, humiliation and embarrassment, loss of life's pleasures and any all other damages to which he is entitled or may be entitled under the law of the applicable State. WHEREFORE, plaintiff, FRED ESSIS, claims of defendant, JOANNE PECHART, a sum in excess of $50,000.00 in damages and brings this action to recover same. COUNT II KATRINA ESSIS v. JOAN PECHART LOSS OF CONSORTIUM II Plaintiffs incorporate by reference the allegations contained in paragraphs I through 10 of Plaintiffs Complaint, as fully as though the same were herein set forth at length. 12. At all times relevant hereto, plaintiff, KATRINA ESSIS, was the lawfully wedded wife of husband-plaintiff, FRED ESSIS. 11 As a result of the injuries sustained by FRED ESSIS, wife-plaintiff, KATRINA ESSIS, has been and will continue to be deprived of the love, assistance, companionship, 5 consortium and society of her, husband, plaintiff, FRED ESSIS, all to her great loss and detriment. WHEREFORE, plaintiff, KATRINA ESSIS, claims of defendant, JOANNE PECHART, a sum in excess of $50,000.00 in damages and brings this action to recover same. BARRETT & BENDESKY, PC SALTZ MO E:NBRAKER By: ROB T Attorneys for Plaintiffs Fred Essis and Katrina Essis, hiw vvi10/ob 18:44 FAX 2154980999 s M & B PC ¢j 002 'l? .AMICAILON The averments or denials of fact contained in the foregoing are true based upcm? the signer's personal knowledge or information and belief. If the foregoing contains avermento which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain 1hich of the inconsistent averments are true, but signer has knowledge or information sufficient to term a belief that one of them is true. This Verification is made subject to the penalties of the 18 Pa C.S. §4904, relating to unworn falsification to authorities. A4 FRED ESSIS DA I UD: l6 d.? c a I 40. vc W 1 v FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-211174 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Jo Anne Pechart, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER: & PERRY By: L-AL Ca . Shore, Esquire I.D. #: 853;21 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: -7 CERTIFICATE OF SERVICE AND NOW, this 1J? day of July, 2005, 1 hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Robert N. Braker, Esquire SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 34TH Floor 1650 Market Street Philadelphia, PA 19103 1 Cas . Shore, Esquire T -7 1 ca W -+ ?a n SHERIFF'S RETURN - REGULAR CASE NO: 2005-03174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESSIS FRED ET VS PECHART JOANNE BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PECHART JOANNE the DEFENDANT , at 1825:00 HOURS, on the 28th day of June 2005 at 17 MAYFIELD ROAD MECHANICSBURG, PA 17055 by handing to TERRY PECHART. HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this S day of A.D. thonotary So Answers: R. Thomas Kline 06/29/2005 SALTZ MONGELUZZI BARRETT BENDE By: ' / J r- De ty Sheriff SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 34TH FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 FRED ESSIS AND KATRINA ESSIS, h/w v. JOANNEPECHART ATTORNEY FOR PLAINTIFF(S) COURT OF COMMONPLEAS CUMBERLAND COUNTY, PA No. 2005-03174 PLAINTIFFS' AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Pursuant to the attached Sheriff's Return of Service, defendant, Joanne Pechart was served plaintiff's Complaint on June 28, 2005 in connection with the above-captioned matter. SALT?ZJMO ELUZZI 13ARRETT & BENDESKY, PC By: RO ERT N. BRAKER SHERIFF'S RETURN - REGULAR CASE NO: 2005-03174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESSIS FRED ET AL VS PECHART JOANNE BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PECHART the DEFENDANT , at 1825:00 HOURS, on the 28th day of June , 2005 at 17 MAYFIELD ROAD MECHANICSBURG, PA 17055 by handing to TERRY PECHART, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 06/29/2005 SALTZ MONGELUZZI BARRETT BENDE By: /jr,) De ty Sheriff Prothonotary ? t G YI CJ? .-1 N "7 ID r.• FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-3174 Civil Term JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 JURY TRIAL DEMANDED ANSWER TO THE COMPLAINT AND NOW, comes Defendant, Jo Anne Pechart, by and through her attorneys, NEALON GOVER & PERRY, and files the following Answer: COUNTI FRED ESSIS v. JOANNE PECHART 1-5. Admitted based upon information and belief. 6-10. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that Count I of the Complaint be dismissed with costs to be paid by the Plaintiff. COUNT II KATRINA ESSIS v. JOANNE PECHART LOSS OF CONSORTIUM 11. No answer required. 12. Admitted based upon information and belief. 13. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that Count II of the Complaint be dismissed with costs to be paid by the Plaintiffs. Date: 7 cz5 Respectfully submitted, NEALON GOVER & PERRY Z444--? A?? Cas . Shore, Esquire AttorneyID# 85321 2411 North Front Street Harrisburg, PA 17112 717-232-9900 VERIFICATION I, JO ANNE PECHART, verify that the statements made in the foregoing ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: _ 19'015" JO ANNE PECHART CERTIFICATE OF SERVICE AND NOW, this Z)S? day of July, 2005, 1 hereby certify that I have served the foregoing Answer to Complaint on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Robert N. Braker, Esquire SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 34TH Floor 1650 Market Street Philadelphia, PA 19103 ? sey G. Shore, Esquire r_? r. a .?-, ; a t ?? R} ?'-? _?. 't f tr7 -. _" .? J_ t) -it C l o- f.J x f'fl ._t Q t+ ?7 C.! { ? M FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. NO.: 05-3174 Civil Term : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 JURY TRIAL DEMANDED PRAECIPE FOR WITHRDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Jo Anne Pechart, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: Ld4,U ey hore, Esquire I. D. 321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: _0 1 fe!& r -- CERTIFICATE OF SERVICE - day of July, 2006, 1 hereby certify that I have served the AND NOW, this j? ( W foregoing Praecipe for Withdrawal of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Robert N. Braker, Esquire SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 34TH Floor 1650 Market Street Philadelphia, PA 19103 Cas . Sho e, Esquire '. ,`? ? w FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-3174 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Jo Anne Pechart, with regard to the above-captioned matter. Respectfully submitted, R & PERRY -14?A Date: By: X1.843rl ley Allen, Esquire 1 h Fr ont Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 3? day of July, 2006, 1 hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Robert N. Braker, Esquire SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 34TH Floor 1650 Market Street Philadelphia, PA 19103 Allen, Esquire I IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ^A X10 PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 "ttorneyfor S DANT R1.23 133- H DE11-0662903 44574-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS VS. JOANNE PECHART File No. 0593174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for REZA G. AZIZKHAN, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. Inc.. 1601 Market Street Suite 800- Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: 1 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THVOURT: Prothonotary/Clerk, C vi1 Divisio DEC 2 6 2006 Date: Deputy Seal of the Court 44574-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: REZA G. AZIZKHAN, M.D. 888 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657208 44574-LO1 14 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA -^ rPURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS FRED & KATRINA ESSIS JOANNE PECHART -VS- TERM, CUMBERLAND CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 t\ Albe-hal P ESQ. *ttorney on f o f for DEF DANT R1.23 133-H DE11-0662904 44574-L02 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 LOCATION NAME REZA G. AZIZKHAN, M.D. JAMES F. RICH, M.D. MAGNETIC IMAGING CENTER ORTHO. INSTITUTE OF PENN HARRISBURG HOSPITAL HARRISBURG HOSPITAL FIRST CHOICE REHAB SPECIALISTS SOUTH CENTRAL PA MRI CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY PAGE: 1 R1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS VS. JOANNE PECHART File No. OS -03174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 - TO: Custodian of Records for JAMES F RICH M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grown Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HAMSBIJEU_ PA 17110 TELEPHONE: (25) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 2 6 2006 BY TH OURT: Prothonotary/C C' 6Dion Deputy Date: Seal of the Court 44574-02 11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAMES F. RICH, M.D. 207 HOUSE AVENUE SUITE 101 CAMP HILL, PA 17011 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657210 44574-L02 N IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA . ._._ ? s' 4w4r oaf PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 S n behalf f N I ALLEN .0 A orney for DEFEND ,+T R1.23 133-H DE11-0662905 44574-LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -vs- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 t >>> LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 REZA G. AZIZKHAN, M.D. MEDICAL RECORDS & XRAYS JAMES F. RICH, M.D. MEDICAL RECORDS & XRAYS MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS ORTHO. INSTITUTE OF PENN MEDICAL RECORDS & XRAYS HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY ONLY FIRST CHOICE REHAB SPECIALISTS MEDICAL RECORDS & XRAYS SOUTH CENTRAL PA MRI CENTER MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY R1.16S 133-H D E02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS VS. JOANNE PECHART File No. OS-@6174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Group- Inc.. 1601 Market Street, Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET L3ARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DE C 2 6 2006 Date: / , 206L Seal of the Court BY THE T: Proth notary/Cl , Ci 'l Di f on Deputy 44574-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER 4665 TRINDLE ROAD CAMP HILL, PA 17011 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECRMICSBURG, PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657212 44574-LO3 IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS - CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 C MCS behal of J?I?T ALLEN, ESQ. ? At rney for DEFENDAN R1.23 133-H DE11-0662906 44574-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: ROBERT N. BRAYER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 >>> LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 REZA G. AZIZKHAN, M.D. MEDICAL RECORDS & XRAYS JAMES F. RICH, M.D. MEDICAL RECORDS & XRAYS MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS ORTHO. INSTITUTE OF PENN MEDICAL RECORDS & XRAYS HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY ONLY FIRST CHOICE REHAB SPECIALISTS MEDICAL RECORDS & XRAYS SOUTH CENTRAL PA MRI CENTER MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY R1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS vs. JOANNE PECHART File No. onkr-93174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHO INSTITI JTE OF PENN (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groin Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN ESO. ADDRESS: 2411 NORTH FRONT STREET HAMSBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Pro onotaryI ivJDDii on DEC 2 6 200& Date: l f 2 Q? Seal of the Court Deputy 44574-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO. INSTITUTE OF PENN 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657214 44574-LO4 IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 MCAoZehalf JE I?Y, ESQ . At ney for DEFENDANT R1.23 133-H DE11-0662907 44574-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -vs- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 4800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED REZA G. AZIZKHAN, M.D. MEDICAL RECORDS & XRAYS JAMES F. RICH, M.D. MEDICAL RECORDS & XRAYS MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS ORTHO. INSTITUTE OF PENN MEDICAL RECORDS & XRAYS HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY ONLY FIRST CHOICE REHAB SPECIALISTS MEDICAL RECORDS & XRAYS SOUTH CENTRAL PA MRI CENTER MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY PAGE: 1 R1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS vs. JOANNE PECHART File No. OS-@3174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (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 RIVER **** at The MCS GrojW Lnc 1601 Market Street Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 2 6 2006 Date: 9C- I l ;ZOhL Seal of the Court BY TH OURT: Prothonotary r ivil Di 'sion Deputy 44574-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HARRISBURG HOSPITAL MEDICAL RECORDS 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: 161-34-1483 Date of Birth: 06-16-1940 R1-16S 133-H SU10-0657216 44574-L05 IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART CERTIFICATE 4 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQj 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: 12/26/2006 LEN, SQ? C *trney e f for DEFEN ANT IR1.23 133-H DE11-0662908 44574-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT N. BRAYER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 JR1.16S 133-H DE02-0348656 44574-C02 >>> LOCATION LIST <<< LOCATION NAME REZA G. AZIZKHAN, M.D. JAMES F. RICH, M.D. MAGNETIC IMAGING CENTER ORTHO. INSTITUTE OF PENN HARRISBURG HOSPITAL HARRISBURG HOSPITAL FIRST CHOICE REHAB SPECIALISTS SOUTH CENTRAL PA MRI CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL RECORDS REQUESTED MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY PAGE: 1 R1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS VS. JOANNE PECHART File No. CG-93174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Group. Inc- 1601 Market Street. Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HAMSB 1R , PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 2 6 2006 Date: Seal of the Court BY' HE URT• 1 Prot onotary/Cle vil Divi on Deputy 44574-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL RADIOLOGY DEPT. 111 S. FRONT STREET HARRISBURG, PA 17105 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: 161-34-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657218 44574-LO6 IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 MCS n JEN . At rney for DEFEN ANT R1.23 133-H DE11-0662909 44574-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 >>> LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 REZA G. AZIZKHAN, M.D. MEDICAL RECORDS & XRAYS JAMES F. RICH, M.D. MEDICAL RECORDS & XRAYS MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS ORTHO. INSTITUTE OF PENN MEDICAL RECORDS & XRAYS HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY ONLY FIRST CHOICE REHAB SPECIALISTS MEDICAL RECORDS & XRAYS SOUTH CENTRAL PA MRI CENTER MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY R1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS File No. tX+3174 vs. JOANNE PECHART SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FIRST CHOICE P LH e B SPECIALISTS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grpyp_ Inc„ 1601 Market Street, Suite 800 PhiladelpWa PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN ESO. ADDRESS: 2411 NORTH FRONT STREET HARK iSBi TRG- PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 3EC 2 6 20066/ // Date: 1 C. 2C.? ?b Seal of the Court BY TH URT: Prothonotary/C , ivil D' ision Deputy 44574-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FIRST CHOICE REHAB SPECIALISTS 11 FLOWERS DRIVE MECHANICSBURG, PA 17050 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657220 44574-LO7 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS FRED & KATRINA ESSIS JOANNE PECHART -vs- TERM, CUMBERLAND CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 kn beha lJE ENAt y for DEFEND T i R1.23 133-H DE11-0662910 44574-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. -05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574 -C02 LOCATION NAME REZA G. AZIZKHAN, M.D. JAMES F. RICH, M.D. MAGNETIC IMAGING CENTER ORTHO. INSTITUTE OF PENN HARRISBURG HOSPITAL HARRISBURG HOSPITAL FIRST CHOICE REHAB SPECIALISTS SOUTH CENTRAL PA MRI CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL >>> LOCATION LIST <<< RECORDS RE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY PAGE: 1 R1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS vs. JOANNE PECHART File No. 6C 43174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SOUTH CENTRAL PA MRI CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Qmup_ Inc- 1601 Market Street. Suite 800 Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: 12151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE T: Protho otary/Cle vv DDivis- n D 15C 16 2006 Deputy Date: PC- Seal of the Court 44574-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SOUTH CENTRAL PA MRI CENTER 1855 POWDER MILL ROAD YORK, PA 17402 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG# PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657222 44574-LO8 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA r ''?r r r PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS FRED & KATRINA ESSIS JOANNE PECHART -VS - TERM, CUMBERLAND CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 ACS behal f V? 3 LEN, ESQ. Atto ey for DEFEN T R1.23 133-H DE11-0662911 44574 -L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 >>> LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 REZA G. AZIZKHAN, M.D. MEDICAL RECORDS & XRAYS JAMES F. RICH, M.D. MEDICAL RECORDS & XRAYS MAGNETIC IMAGING CENTER MEDICAL RECORDS & XRAYS ORTHO. INSTITUTE OF PENN MEDICAL RECORDS & XRAYS HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY ONLY FIRST CHOICE REHAB SPECIALISTS MEDICAL RECORDS & XRAYS SOUTH CENTRAL PA MRI CENTER MEDICAL RECORDS & XRAYS HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY R1.16S 133-H D E02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS VS. JOANNE PECHART File No. j:kj 63174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL . (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DEC 2 6 2006 Date: Ig-C 1. 261 Seal of the Court BY THE URT: vProthonotary/Cler n Deputy 44574-09 ti EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: 161-34-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657224 44574-LO9 CERTIFICATE IN THE MATTER OF: FRED & KATRINA ESSIS JOANNE PECHART PREREQUISITE TO SERVICE OF A SUBPOENA ; PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -vs- CASE NO: 2005-03174 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/26/2006 TERM, CUMBERLAND rr MCS n beha 6? JE ALLEN, ESQ. Att ney for DEFENDANr R1.23 133-H DE11-0662912 44574-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: FRED & KATRINA ESSIS -VS- JOANNE PECHART COURT OF COMMON PLEAS TERM, CASE NO: 2005-03174 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT N. BRAKER, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/05/2006 CC: JENNI ALLEN, ESQ. - 05-501 PATTY HOFFMAN - 05-501 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0348656 44574-C02 >>> LOCATION LIST <<< LOCATION NAME RECORDS PAGE: 1 REZA G. AZIZKHAN, M.D. JAMES F. RICH, M.D. MAGNETIC IMAGING CENTER ORTHO. INSTITUTE OF PENN HARRISBURG HOSPITAL HARRISBURG HOSPITAL FIRST CHOICE REHAB SPECIALISTS SOUTH CENTRAL PA MRI CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY IR1.16S 133-H DE02-0348656 44574-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FRED & KATRINA ESSIS vs. JOANNE PECHART File No. 1:&-03174 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (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 RMER **** at The MCS Gro=. Inc.. 1601 Market Street. Suite 500. Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (2,15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Prothonotary/Clerk, vil D' sion DEC 2 6 2006 Date: ?6U12 Deputy Seal of the Court 44574-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 44574 FRED ESSIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : FRED ESSIS 1941 MOTEREY DRIVE, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-1483 Date of Birth: 06-16-1940 R1.16S 133-H SU10-0657226 44574-LlO ? ?'1!'t S ilS ?"' 't3 ?'fT ? rte ' _. L ,t i1 : 3 (?} --I .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED ESSIS and KATRINA ESSIS, h/w, Plaintiffs V. JOANNE PECHART, Defendant NO. 05-3174 CCIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P.1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Joanne Pechart, in the above-captioned matter and mark the docket accordingly. Date: December _ 11 2007 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MICHAEL B. SCHEIB, ESQI Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Joanne Pechart 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED ESSIS and KATRINA ESSIS, h/w, Plaintiffs V. JOANNE PECHART, Defendant NO. 05-3174 CCIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this j' day of December, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Robert N. Braker, Esquire Saltz, Mongeluzzi, Barrett & Bendesky, PC One Liberty Place, 52"d Floor 1650 Market Street Philadelphia, PA 19103 (Attorney for Plaintiffs) By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Joanne Pechart ?a ?-`T1 t'1 ?_ ? ?,,,? ?? ?? r'S1 i. ?.'. e?..3 `„^ r FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-3174 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw NEALON GOVER & PERRY'S appearance on behalf of the Defendants, Joanne Pechart, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOB 0 BERRY By: Date: James G. Nealon III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 7171232-9900 CERTIFICATE OF SERVICE AND NOW, this day of October 2007, 1 hereby certify that I have served the foregoing Praecipe for Withdrawal of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Robert N. Braker, Esquire SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 34TH Floor 1650 Market Street Philadelphia, PA 19103 James G. Nealon, III r ?'1_ y ;x???. }?"'d Tye .. ,?..?• ? ' ?? .[+ . l .,'1 el' ,' i ??. ?'`S ..t ti.:' FAYE S. REYNOLDS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3855 CIVIL TERM RICHARD T. REYNOLDS, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 494107720 ORDER OF COURT AND NOW, this 13th day of December, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on February 6.2008 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent John J. Connelly, Jr., Esq. LeRoy Smigel, Esq. Date of Order: December 13, 2007 BY THE COURT, Edgar B. Bayley, President Judge 4-S , on erence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 cl:l PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. ? for trial without a jury. ----------- CAPTION OF CASE (entire caption must be stated in fulo (check one) Fred Essis and Katrina Essis, h/w xE9 Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. The trial list will be called on 5/27/08 Joanne Pechart and Trials commence on 6,123/08 (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 05-3174 Term Indicate the attorney who will try case for the party who files this praecipe: Robert N. Braker, E ' e, 1650 Market Street, 52nd Fl, Phila, PA 19103 Indicate trial counsel for Ether parties k laiown: " Michael B. Scheib, Esq., 110 South This case is ready for trial. Date: b Signed: PA 17402 Print Name: Robert N. Braker, Esquire Attorney for: Plaintiff s 0 JQ v ~? FRED ESSIS AND IN THE COURT OF COMMON PLEAS OF KATRINA ESSIS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOANNE PECHART, Defendant 05-3174 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2008, upon consideration of the call of the Civil Trial List and no person having called the above-captioned case for trial, it is stricken from the trial list. V/ Robert N. Braker, Esquire 'Michael B. Scheib, Esquire Court Admin. pcb lroPI ," 3?c.?oa By the Court, . esley 0 r, r ? M Ul) r >' CAZ _ C-0 CL t CX* C= PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. for trial without a jury. ------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Fred Essis and Katrina Essis, h/w (Plaintiff) VS. Joanne Pechart ?C]x Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 10/21/08 and Trials commence on 11/17/08 vs. (Defendant) Pretrials will be held on 10/29/08 (Briefs are due S days before pretrials No. 05-3174 Term Indicate the attorney who will try case for the party who files this praecipe: Robert N. Braker. Esq.. 1650 Market 4t, 59nd Fl, Phila, P-A 191g3 Indicate trial counsel for other parties if known: This case is ready for trial. Signed: 17402 1 Date: Print Name: Robert N. Braker, Esnuirp Attorney for: plaintiffs 4 I V4 X-1 V 9? s , h { cp c i ? s 00 0 y #7 FRED ESSIS and KATRINA IN THE COURT OF COMMON PLEAS OF ESSIS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW JOANNE PECHART, Defendant 05-3174 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 21st day of October, 2008, upon consideration of the call of the civil trial list, and no counsel having called the case for trial, it is stricken from the trial list. By the Court, Robert N. Braker, Esquire 1650 Market Street 34th Floor Philadelphia, PA 19103 For Plaintiffs Michael B. Scheib, Esquire 110 South Northern Way York, PA 17402 For Defendant Court Administrator - l?o U,CCX . S` L ?Y :mae 0.0P!." r?%.b t L l b?2ZlD? ,Inri : ?c? L,Z 130 HE 0 FRED ESSIS and KATRINA ESSIS, H/W, Plaintiffs v JOANNE PECHART, Defendant #7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-3174 CIVIL TERM IN RE: ORDER STRIKING CASE FROM LIST VACATED ORDER OF COURT AND NOW, this 21st day of October, 2008, the above-captioned case having been stricken from the trial list earlier on today's date based upon a failure to call the case for trial at the call of the civil trial list, and. following a telephone conference in which Plaintiffs were represented by Robert N. Braker, Esquire, and Defendant was represented by Michael B. Scheib, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. The earlier Order of Cour? striking the case from the trial list based upon a failure to call the case for trial is vacated; 2. Defendant's counsel having moved for a continuance of trial based upon the unavailability of Defendant during the forthcoming term of court, the motion for a continuance is granted, and the case is stricken from the November 17, 2008, trial list; 3. Either counsel may relist: this case for trial at such time as he deems appropriate without prejudice: to the right of opposing counsel to request a further continuance; and 4. Nothing in this order is intended to represent a ruling as to any further continuance requests in the case. or ?Robert N. Braker, Esquire 1650 Market Street 34th Floor Philadelphia, PA 19103 For Plaintiffs ?'•"iichael B. Scheib, Esquire 110 South Northern Way York, PA 17402 For Defendant Court Administrator - 1 mae 1.?? t Q.S r?,.t?, ? o?z? f v 8 By the Court, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ?X Civil Action - Law ? Appeal from arbitration FRED ESSIS AND KATRINA ESSIS, H/W (other) (Plaintiff) vs. The trial list will be called on 1/5/10 and JOANNE PECHART 2/1/10 Trials commence on (Defendant) Pretrials will be held on 1/13/10 vs. (Briefs are due S days before pretrials No. 05-3174 Term Indicate the attorney who will try case for the party who files this praecipe: Robert N. Braker, Esquire, 1650 Market Street, 52nd floor, Phila, PA 19103 Indicate trial counsel for other parties if known: Michael B. Scheib, Esquire, 110 South Northern Way, York, PA 17402 -.e:!?:2- This case is ready for trial. Signed: i/ 10/30/09 Date: Robert N. Braker, Esquire Print Name: Plaintiffs Attorney for: CA. Q4 '-T ?UU7 has: ad ?d. 4I? e?-vs8s3 }'Z? 0233385 001* - FRED ESSIS and KATRINA IN THE COURT OF COMMON PLEAS OF ESSIS, h/w, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW 05-3174 CIVII, TERM JOANNE PECHART,_ Defendant JURY TRIAL DFMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference in the above-captioned case was held in the chambers of Judge O1er on /7ednesday, January 13, 2010. Present on behalf of the Plaintiffs was Todd Zamostein, Esquire, standing in for Robert N. Braker, Esquire, who will be trying the case; present on behalf of the ]defendants w=..s Michael B. Scheib, Esquire, assisted by Greg Bair, Esq--?.ire. This is a negligence action for personal in"uries to Plaintiff Fred Essis arising out of a motor vehicle accident in Hampden Township, Cumberland County, Per.nsylvania, on Jul`, 2003. Damages sought on behalf of the allegedly injured Plaintiff are for pain and suffering and medical expenses. Plaintiff Katrina Essis sues for loss of ccnsortium. Defendant admits that her negligence caused the accident, but at this point Defenoant's counsel is not admitting that the accident caused any injuries to Plaintiff Fred Essis. This will be a jury trial i? which each s--de, pursuant to an agreement of counsel, will have 4 peremptory challenges, for a total of 8. The estimated duration of trial is 2 days. To the extent that any depo.,it:ion testimony is to be shown or read to the jury that contains objections requiring rulings by the trial court, counsel are dirEcted to submit to the Court at least 5 days prior to commencement of the trial copies of the affected deposition transcripts, with the areas of. r . , objection being pursued highlighted, and with brief memoranda in support of their respective positions. With respect to settlement negotiations, Defendant has made more than a nominal offer to the Plaintiffs to settle the case, but the demand at this point of Plaintiffs far exceeds the offer. By the Court, 7 J ,Wesley O r, Jr., Todd Zamostein, Esquire Robert N. Braker, Esquire One Liberty Place 1650 Market. Street 52nd Floor Philadelphia, PA 19103 For Plaintiffs Michael B. Scheib, Esquire 110 South Northern Way York, PA 17402 For Defendant Court Administrator J. mae NOTICE TO DEFENDANTS: You are hereby notified to file a written answer to the attached motion for delay damages within twenty (20) days from the filing of the Motion on Delay Damages sought in the motion or the delay damages sought may be added to the verdict or decision against you. Robert N. Braker, Esquire Counsel for Plaintiffs SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 52°d FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 ATTORNEY FOR PLAINTIFFS FRED ESSIS AND KATRINA ESSIS, h/w V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2005-03174 JOANNE PECHART n ti C, MOTION OF PLAINTIFF, FRED ESSIS Lo '715 FOR DELAY DAMAGES PURSUANT TO PA.R.C.P. 238 r y Zip Jm Barrett & 1?ndqgy eluzzi Saltz Mon h his counsel nd throu d E i b Pl i tiff F , g , , g y a re ss s, , a n , ., -c respectfully submits this Motion for Delay Damages pursuant to Pa.R.C.P. 238, and in support thereof, avers the following: 1. On June 21, 2005, Plaintiffs, Fred Essis and Katrina Essis, h/w, filed a Complaint with this Court alleging that Defendant, Joanne Pechart, while operating a 2001 Ford Winstar traveling in a southerly direction on Sporting Hill Road in Hampden Township, Pennsylvania, crashed into the rear of the 1998 Volvo being operated by Plaintiff, Fred Essis, which motor vehicle was completely stopped for a stop sign at the time of the instant accident on Sporting Hill Road, causing Plaintiff, Fred 2 Essis, to suffer serious and permanent injuries, including, but not limited to: a left distal supraspinatus rotator cuff tear for which he was required to undergo an acromioplasty and repair of left rotator cuff tear major surgery at Harrisburg Hospital on August 4, 2003. (A copy of Plaintiffs' Complaint is attached hereto as Exhibit "A") 2. Plaintiffs' original process in the above-captioned action was first served upon Defendant, Joanne Pechart, on July 28, 2005. (A copy of Plaintiffs' Affidavit of Service with attached Sheriff s Return of Service dated July 28, 2005 is attached hereto as Exhibit "B"). 3. Pursuant to Pa.R.C.P. 238 (a)(2), delay damages shall be awarded for the period of time one year after the date original process was first served in the action, July 28, 2006, up to the date of the award, verdict or decision. (A copy of Pa.R.C.P. 238 is attached hereto as Exhibit "C"). 4. However, the period of time after the defendant has made a written offer of settlement, up until the date of the award, verdict or decision, shall be exempt from the calculation of delay damages, assuming the verdict is not more than 125% of the written offer. (See, Exhibit "C", at Pa.R.C.P. 238 (b)(1)(i)). In this action, Defendant, Joanne Pechart, made a verbal/written offer of settlement in the amount of $24,000.00 on April 12, 2007. (A copy of a letter dated April 12, 2007 evidencing that an offer was extended and Defendant's Pre-Trial Conference Memorandum evidencing an offer of $24,000.00 are attached hereto as Exhibit "D"). 6. On February 2, 2010, following a two-day trial before the Honorable Edward E. Guido, a jury verdict was returned in favor of Plaintiffs and against Defendant. The jury awarded Plaintiffs, Fred Essis and Katrina Essis, $71,700.00 in compensatory damages. Defendant, Joanne Pechart, was found responsible for 100% of the total verdict. 3 j 7. Given that the jury award of $71,700.00 exceeds Defendant's $24,000.00 settlement offer by the statutorily defined 125%, the time period for which damages are calculated is not reduced for the time period after the settlement offer. (See, Exhibit "C" at Pa.R.C.P. 238 (b)(3)). 8. In the present case, delay damages are to be calculated from July 28, 2006, up to and including February 2, 2010. 9. Pa.R.C.P. 238(a)(3) provides that "damages for delay shall be calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus one percent, not compounded." (See, Exhibit "C" at Pa.R.C.P. 238 (a)(3)). 10. The prime rate published in the first edition of the Wall Street Journal for 2006 through 2010, plus one percent, is as follows: January 2, 2006 8.25% + 1.00% = 9.25% January 2, 2007 8.25% + 1.00% = 9.25% January 2, 2008 7.25% + 1.00% = 8.25% January 2, 2009 3.25% + 1.00% = 4.25% January 2, 2010 3.25% + 1.00% = 4.25% (See, Prime Interest Rates attached hereto as Exhibit "E"). 11. The interest rates set forth above, the damages for delay calculated pursuant to Pa.R.C.P. 238 for each year or portion of the year, during the period in issue are, as follows: For 2006: $71,700.00 x .0925 x 156 days . 365 For 2007: $71,700.00 x .0925 For 2008: $71,700.00 x .0825 4 = $ 2,834.61 = $ 6,632.25 = $ 5,915.25 For 2009: $71,700.00 x.0425 = $ 3,047.25 For 2010: $71,700.00 x.0425 x 33 days _ 365 = $ 275.50 Delay Damages $ 18,704.86 Total Jury Verdict with Delay Damages for Plaintiff, Fred Essis $ 90,404.86 12. Therefore, Plaintiff, Fred Essis, is requesting this Honorable Court to add delay damages in the amount of $18,704.86, to the $71,700.00 verdict for compensatory damages in favor of Plaintiff, Fred Essis, against Defendant, Joanne Pechart. 13. Pa.R.C.P. 238 provides, unless defendants specify a ground for opposing the addition of delay damages, the Court shall add the delay damages to the verdict. (See, Exhibit "C" at Pa.R.C.P. 238 (c)(1)). 14. Plaintiffs submit that there are no grounds which exist in this lawsuit which would limit the addition of delay damages to the verdict. WHEREFORE, Plaintiff, Fred Essis, respectfully requests this Honorable Court to mold the jury's verdict in his favor in the amount of $71,700.00, to reflect the addition of delay damages to Plaintiff s award in the amount of $18,704.86, for a total verdict in favor of Plaintiff, Fred Essis, for $90, 404.86, from Defendant, Joanne Pechart. Respectfully submitted, SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: Robert N. Braker, Esquire, Esquire Attorney for Plaintiffs, Fred Essis and Katrina Essis Dated: Z' 5 r SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 ATTORNEY FOR PLAINTIFFS 52nd FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 FRED ESSIS AND KATRINA ESSIS, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JOANNE PECHART No. 2005-03174 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF, FRED ESSIS' MOTION FOR DELAY DAMAGES PURSUANT TO PA.R.C.P. 238 1. MATTER BEFORE THE COURT: Plaintiff, Fred Essis' Motion for Delay Damages Pursuant to Pa.R.C.P. 238. II. STATEMENT OF QUESTIONS INVOLVED: Is Plaintiff, Fred Essis, entitled to delay damages pursuant to Pa.R.C.P. 238? SUGGESTED ANSWER: Yes. III. FACTS: On June 21, 2005, Plaintiffs, Fred Essis and Katrina Essis, h/w, filed a Complaint with this Court alleging that Defendant, Joanne Pechart, while operating a 2001 Ford Winstar traveling in a southerly direction on Sporting Hill Road in Hampden Township, Pennsylvania, crashed into the rear of the 1998 Volvo being operated by Plaintiff, Fred Essis, which motor vehicle was completely 6 stopped for a stop sign at the time of the instant accident on Sporting Hill Road, causing Plaintiff, Fred Essis, to suffer serious and permanent injuries, including, but not limited to: a left distal supraspinatus rotator cuff tear for which he was required to undergo an acromioplasty and repair of left rotator cuff tear major surgery at Harrisburg Hospital on August 4, 2003. (See, Exhibit "A"). Plaintiffs' original process in the above-captioned action was first served upon Defendant, Joanne Pechart, on July 28, 2005. (See, Exhibit "B"). On February 2, 2010, following a two-day trial before the Honorable Edward E. Guido, a jury verdict was returned in favor of Plaintiffs and against Defendant. The jury awarded Plaintiff, Fred Essis, $71,700.00 in compensatory damages. Defendant, Joanne Pechart, was found responsible for 100% of the total verdict. Plaintiff now respectfully requests this Honorable Court award his delay damages against Defendant, Joanne Pechart, pursuant to Pa.R.C.P. 238. IV. ARGUMENT: Pennsylvania Rule of Civil Procedure 238 (a)(2) provides that delay damages shall be awarded for the period of time one year after the date of the original process was first served in the action, July 28, 2006, up to the date of the award, verdict or decision. (See, Exhibit "C"). However, the period of time after the defendant has made a written offer of settlement, up until the date of the award, verdict or decision, shall be exempt from the calculation of delay damages, assuming the verdict is not more than 125% of the written offer. (See, Exhibit "C", at Pa.R.C.P. 238 (b)(1)(i)). In this action, Defendant, Joanne Pechart, made a verbal/written offer of settlement in the amount of $24,000.00 on July 11, 2007. (See, Exhibit "W). Given that the jury award of $71,700.00 exceeds Defendant's $24,000.00 settlement offer by the statutorily defined 125%, the time period for which damages are calculated is not reduced for the time period after the settlement offer. (See, 7 Exhibit "C" at Pa.R.C.P. 238 (b)(3)). In the present case, delay damages are to be calculated from July 28, 2006, up to and including February 2, 2010. Pa.R.C.P. 238(a)(3) provides that "damages for delay shall be calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus one percent, not compounded." (See, Exhibit "C" at Pa.R.C.P. 238 (a)(3)). The prime rate published in the first edition of the Wall Street Journal for 2006 through 2010, plus one percent, is as follows: January 2, 2006 January 2, 2007 January 2, 2008 January 2, 2009 January 2, 2010 (See, Exhibit "E") 8.25% + 1.00% = 9.25% 8.25% + 1.00% = 9.25% 7.25% + 1.00% = 8.25% 3.25% + 1.00% = 4.25% 3.25% + 1.00% = 4.25% The interest rates set forth above, the damages for delay calculated pursuant to Pa.R.C.P. 238 for each year or portion of the year, during the period in issue are, as follows: For 2006: $71,700.00 x .0925 x 156 days-. 365 = $ 2,834.61 For 2007: $71,700.00 x .0925 = $ 6,632.25 For 2008: $71,700.00 x.0825 = $ 5,915.25 For 2009: $71,700.00 x .0425 = $ 3,047.25 For 2010: $71,700.00 x .0425 x 33 days- 365 = $ 275.50 Delay Damages $ 18,704.86 8 Total Jury Verdict with Delay Damages for Plaintiff, Fred Essis $ 90,404.86 Therefore, Plaintiff, Fred Essis, is requesting this Honorable Court to add delay damages in the amount of $18,704.86, to the $71,700.00 verdict for compensatory damages in favor of Plaintiff, Fred Essis, against Defendant, Joanne Pechart. Pa.R.C.P. 238 provides, unless defendants specify a ground for opposing the addition of delay damages, the Court shall add the delay damages to the verdict. (See, Exhibit "C" at Pa.R.C.P. 238 (c)(1)). Plaintiffs submit that there are no grounds which exist in this lawsuit which would limit the addition of delay damages to the verdict. V. RELIEF REQUESTED: Pursuant to Pa.R.C.P. 238, Plaintiff, Fred Essis, respectfully requests this Honorable Court to mold the jury's verdict in his favor in the amount of $71,700.00, to reflect the addition of delay damages to Plaintiffs' award in the amount of $18,704.86, for a total verdict in favor of Plaintiff, Fred Essis, for $90,404.86, from Defendant, Joanne Pechart. Respectfully submitted, SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: Robert N. Braker, Esquire, Esquire Attorney for Plaintiff, Fred Essis Dated: Z- I I / /0 9 VERIFICATION The averments or denials of fact contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ----3 --- ROBERT N. BRAKER, ESQUIRE Date: February 8, 2010 10 SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 ATTORNEY FOR PLAINTIFFS 52°d FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 FRED ESSIS AND KATRINA ESSIS, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JOANNE PECHART No. 2005-03174 CERTIFICATION OF SERVICE I, Robert N. Braker, hereby certify that I forwarded a copy of the within Motion of Plaintiff, Fred Essis for Delay Damages pursuant to PA.R.C.P. 238, via first class mail on February 8, 2010 to counsel as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. By: ROBERT N. BRAKER, ESQUIRE Date: February 8, 2010 11 SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 34TH FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 ATTORNEY FOR PLAINTIFF(S) FRED ESSIS AND KATRINA ESSIS, h/w 18 Village Road Mechanicsburg, PA 17055 V. JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 65 - 317y 0 . C_Tue? I of, JURY TRIAL DEMANDED '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 an 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 judgement 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 'AVISO 'Le han demandado en torte. Si usted quiere defenderse contra las demandas nombradas en las pEginas siguientes, tiene veinte (20) dias, a partir de recibir esta demanda y la notificati6n para entablar personalmente o por un abogado una comparecencia escrita y tambien para entablar con le torte en forma escrita sus defensas y objeciones a [as demandas contra usted. Sea avisado que si usted no se defiende, el caso puede continuar sin usted y la torte puede Incorporar un juicio contra usted sin previo aviso para conseguir el dinero demandado en el pleito o para conseguir culquier otra demanda o alivio soilcitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA PARGAR A UN ABOGADO), VAYA EN PERSONA 0 LLAME POR TELEFONO LA OFICINA NOMBRADA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 n C-M Q { - c= c-n -rT C T rn CI y; :z c-n - ..s SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO 62583 ATTORNEY FOR PLAINTIFF(S) 34TH FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 FRED ESSIS AND KATRINA ESSIS, Ww COURT OF COMMON PLEAS 18 Village Road CUMBERLAND COUNTY, PA Mechanicsburg, PA 17055 V. JOANNE PECHART 17 Mayfield Road Mechanicsburg, PA 17055 No. JURY TRIAL DEMANDED COMPLAINT - CIVIL ACTION Plaintiffs, FRED ESSIS and KATRINA ESSIS, claim of defendant, JOANNE PECHART, separate sums in excess of $50,000.00 in damages, upon causes of action whereof the following are true statements: COUNTI FRED ESSIS v. JOANNE PECHART 1. Plaintiff, FRED ESSIS, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 18 Village Road, Mechanicsburg, PA 17051. 2. Plaintiff, KATRINA ESSIS, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 18 Village Road, Mechanicsburg, PA 17051. 3. Defendant, JOANNE PECHART, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 17 Mayfield Road, Mechanicsburg, PA 17055. 4. On July 11, 2003, defendant, JOANNE PECHART, owned, managed, maintained, possessed and/or controlled a certain motor vehicle, namely a 2001 Ford Windstar motor vehicle 2 bearing PA license plate number EHL9323, and was traveling in a southerly direction on Sporting Hill Road in Hampden Township, Pennsylvania. 5. At the time and place aforesaid, plaintiff, FRED ESSIS, was the operator of a certain motor vehicle, namely a 1998 Volvo bearing license plate number ESK3559, which motor vehicle was lawfully and properly stopped in a southerly direction on Sporting Hill Road, in recognition and appreciation of the traffic and road conditions then and there existing. 6. At the time and place aforesaid, defendant, JOANNE PECHART, so carelessly and negligently operated her vehicle, as aforesaid, by disregarding all traffic controls, by failing to properly and adequately maintain control and safe operation of her said motor vehicle and by failing to have said motor vehicle under such control so as to have been able to bring her vehicle to a stop prior to crashing into the rear of plaintiffs motor vehicle, causing plaintiff to sustain those most serious and permanent personal injuries more specifically set forth hereinafter. 7. Defendant, JOANNE PECHART, was careless and negligent in: (a) Operating her said motor vehicle at an excessive rate of speed under the circumstances; (b) Failing to maintain proper and safe control of her said motor vehicle; (c) Failing to maintain such control of her said motor vehicle so as to have it in a position to bring it to a stop without causing serious personal injuries to plaintiff; (d) Crashing into the rear of the motor vehicle being operated by FRED ESSIS; (e) Failing to bring her motor vehicle to a stop without crashing into another motor vehicle; 3 (f) Failing to maintain a proper and safe lookout for traffic and road conditions then and there existing; (g) Failing to observe traffic and vehicular conditions then and there existing; (h) Failing to observe safe driving precautions and procedures under all of the circumstances; (i) Failing to obey traffic signals, controls, signs and warnings then and there existing; (j) Operating her said motor vehicle in violation of the Ordinances, Laws and Statutes of the Commonwealth of Pennsylvania; (k) Operating her said motor vehicle in a careless and negligent manner; and (1) Failing to exercise reasonable care under all of the circumstances. 8. By reason of the carelessness and negligence of defendant, JOANNE PECHART, as aforesaid, plaintiff, FRED ESSIS, was caused to sustain serious, disabling and permanent personal injuries: he sustained a distal supraspinatus rotator cuff tear; he has been required to undergo an acromioplasty and repair of left rotator cuff tear major surgical procedure; he has suffered from severe left shoulder pain; he has suffered from the loss of the range of motion of his left shoulder; he has suffered from the loss of strength of his left shoulder and arm; he sustained a sprain and strain of his lumbar spine; he has suffered from a sprain and strain of his cervical spine; he has suffered from back pain; he has suffered from neck pain; he sustained further injuries to the bones, muscles, nerves, tissues and ligaments of his body, the full extent of which is yet to be determined; he sustained other injuries to his nerves and nervous system; he sustained other orthopedic, neurologic and psychological injuries, the full extent of which is yet to be determined; he has in the past been required and may in the future continue to be required to submit to x-rays, MRIs and other diagnostic studies; he has in the past suffered and may in the future continue to suffer agonizing aches, pains and mental anguish; he has in the past and may in the future continue to endure pain and suffering; he has in the past been and may in the future continue to be disabled from performing his'usual duties, occupations, avocations, all to his great loss and detriment. 9. By reason of the carelessness and negligence of defendant, as aforesaid, plaintiff has incurred various expense, including medical expenses and bills, plaintiff may be obligated to continue to expend monies and incur further obligations for his medical care and treatment, for an indefinite period of time in the future. 10. Plaintiff has sustained and makes claim for pain and suffering, loss of physical function, permanent physical, mental and psychological injuries, scarring, property damage, humiliation and embarrassment, loss of life's pleasures and any all other damages to which he is entitled or may be entitled under the law of the applicable State. WHEREFORE, plaintiff, FRED ESSIS, claims of defendant, JOANNE PECHART, a sum in excess of $50,000.00 in damages and brings this action to recover same. COUNT II KATRINA ESSIS v. JOAN PECHART LOSS OF CONSORTIUM 11 Plaintiffs incorporate by reference the allegations contained in paragraphs I through 10 of Plaintiffs Complaint, as fully as though the same were herein set forth at length. 12. At all times relevant hereto, plaintiff, KATRINA ESSIS, was the lawfully wedded wife of husband-plaintiff, FRED ESSIS. 13. As a result of the injuries sustained by FRED ESSIS, wife-plaintiff, KATRINA ESSIS, has been and will continue to be deprived of the love, assistance, companionship, V consortium and society of her, husband, plaintiff, FRED ESSIS, all to her great loss and detriment. WHEREFORE, plaintiff, KATRINA ESSIS, claims of defendant, JOANNE PECHART, a sum in excess of $50,000.00 in damages and brings this action to recover same. SALTZ MO ELUZZI BARRETT & BENDESKY, PC By: ROB T N. BRAKER Attorneys for Plaintiffs Fred Essis and Katrina Essis, h/w 6 ?ailaiu5 13:33 PAX 21549UO999 S M & B PC 2 i r VERMGAn N The averments or denials of fact contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are 1 inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the incunsigtent averments are true, but signer has k wMedge or information sufficient to f{nm a belief that one of them is true. This Verification is made subject to the penalties of the 18 Pa _C.S. §4904, Mating to unswom falsification to authorities. s FKM ES IS r, S 4 S 1 1 1 1'. F P 1 SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. BY: ROBERT N. BRAKER IDENTIFICATION NO. 62583 3e FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 (215) 496-8282 ATTORNEY FOR PLAINTIFF(S) FRED ESSIS AND KATRINA ESSIS, h/w v. JOANNE PECHART COURT OF COMMONPLEAS CUMBERLAND COUNTY, PA No. 2005-03174 c 0 ('l PLAINTIFFS' AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Pursuant to the attached Sheriff's Return of Service, defendant, Joanne Pechart was served plaintiff's Complaint on June 28, 2005 in connection with the above-captioned matter. SALTZ MO ELUZZI BARRETT & BENDESKY, PC By: RO ERT N. BRAKER SHERIFF'S RETURN - REGULAR CASE NO: 2005-03174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESSIS,FRED ET AL VS PECHART JOANNE BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PRrHART MANNF, the DEFENDANT , at 1825:00 HOURS, on the 28th day of June 2005 at 17 MAYFIELD ROAD MECHANICSBURG, PA 17055 by handing to TERRY PECHART, HUSBAND a true and attested copy of COMPLAINT & NOTICE So Answers: and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this day of A. D. together with R. Thomas Kline 06/29/2005 SALTZ MONGELUZZI BARRETT BENDE By : ;?, /j, J De ty Sheriff Prothonotary Get a Document - by Citation - Pa. R.C.P. No. 238 Page 1 of 30 r Switch Client i Prof^-u es I Sion Out I F_??HeIP 'Search Research Tasks; GeRD.r u ment T Shepard S-T,Alerts Total Litigator Transactional Advisor- Counsel Selector Dossier ; History My lLexis'' FOCUST Terms _ Search Within original Results (1 - 1) ZJ = Advanced... Service: Get by LEXSTAT® TOC: PennUlvania Code Constitution and ALS > > BUSINESS OF COURTS > Rule 238. Damages for Delay in Actions for Bodily Injury, Death or Property Damage Citation: PA.R.C.P.238 Pa. R. C. P. No. 238 Retrieve State Legialative Impact& ($) PENNSYLVANIA RULES OF COURT, ANNOTATED BY LEXISNEXIS(R) * THIS DOCUMENT IS CURRENT THROUGH AMENDMENTS RECEIVED DECEMBER 23, 2009 *** NOVEMBER 30, 2009 ANNOTATION SERVICE *** PENNSYLVANIA RULES OF CIVIL PROCEDURE BUSINESS OF COURTS Pa. R.C.P. No. 238 (2009) Rule 238. Damages for Delay in Actions for Bodily Injury, Death or Property Damage (a)(1) At the request of the plaintiff in a civil action seeking monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory damages awarded against each defendant or additional defendant found to be liable to the plaintiff in the verdict of a jury, in the decision of the court in a nonjury trial or in the award of arbitrators appointed under section 7361 of the Judicial Code, 42 Pa.C.S. 4 7361, and shall become part of the verdict, decision or award. (2) Damages for delay shall be awarded for the period of time from a date one year after the date original process was first served in the action up to the date of the award, verdict or decision. Practitioner's Toolbox 0 0, k case Notes Resources & Practice Tools Treatises and Analytical Materials > 10-134 Dunlap-Hanna Pennsylvania fQfM5_.P33.4CHAPTER 134 Defending the Action, Answer to the Complaint and Other Pleadings (Pa R.C P 1026). > 11-150 Dunlap-Hanna Pennsylvania Forms P 150.09, CHAPTER 150 Pest-Trial Motions, Requests for Delay Darnages in Actions I'or Bodily Injury, Death, or Property Damage --Generally (P R.C.P. 2311) > 11-150 Dunlap-Hanna Pennsylvania Forms P 150.10, CHAPTER 1.50 Post-Trial Motions, Scope of Rule 238 Delay Damages (Pa. R C.P 238 (sue(;) and (e)). + More... (3) Damages for delay shall be calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus one percent, not compounded. (b) (1) The period of time for which damages for delay shall be calculated under subdivision (a)(2) shall exclude the period of time, if any, (i) after the defendant made a written offer which complied with the requirements of subdivision (b)(2), provided that the plaintiff obtained a recovery which did not exceed the amount described in subdivision (b)(3), or (ii) during which the plaintiff caused delay of the trial. Note: This rule does not preclude the suspension of damages for delay as a pre-trial sanction under Discovery Rule 4019. In additional defendant proceedings, the additional defendant will be considered the defendant, for purposes of this subdivision, and the plaintiff will be considered either the original defendant if liability over is claimed, or the original plaintiff if direct liability is claimed, or both if both forms of liability are claimed. (2) The written offer of settlement required by subdivision (b)(1)(i) shall contain an express clause continuing the offer in effect for at least ninety days or until commencement of trial, whichever occurs first, and shall either (i) be in a specified sum with prompt cash payment, or (ii) contain a structured settlement plus any cash payment. An offer that includes a structured settlement shall disclose the terms of payment underwritten by a financially responsible entity, the identity of the underwriter and the cost. Note: The offer of the cost of the structured settlement and any cash payment must remain open for ninety days. The cost of the entire structured settlement must remain the same while the terms of the payment may vary and have to be recalculated at the time of acceptance due to market fluctuation over the ninety-day period during which the offer must remain open. (3) The plaintiffs recovery required by subdivision (b)(1)(i), whether by award, verdict or decision, exclusive of damages for delay, shall not be more than 125 percent of either the specified sum or the cost of the structured settlement plus any cash payment to the plaintiff. https://www.lexis.com/research/retrieve?_m=3d3 8acb 18a8c6c 1 e42af4f5d708fe8b0&csvc=lt... 2/8/2010 Get a Document - by Citation - Pa. R.C.P. No. 238 Page 2 of 30 (c) Not later than ten days after the verdict or notice of the decision, the plaintiff may file a written motion requesting damages for delay and setting forth the computation. The motion shall begin with the following notice: NOTICE You are hereby notified to file a written answer to the attached motion for delay damages within twenty days from the filing of the motion or the delay damages sought in the motion may be added to the verdict or decision against you. (1) Within twenty days after the motion is filed, the defendant may answer specifying the grounds for opposing the plaintiffs motion. The averments of the answer shall be deemed denied. If an issue of fact is raised, the court may, in its discretion, hold a hearing before entering an appropriate order. Note: An order of the court on the motion for delay damages shall not be subject to a motion for post-trial relief. (2) If the defendant does not file an answer and oppose the motion, the prothonotary upon praecipe shall add the damages for delay to the verdict or decision in the amount set forth in the motion. (3)(i) If a motion for post-trial relief has been filed under Rule 227.1 and a motion for delay damages is pending, a judgment may not be entered until disposition has been made of all motions filed under Rule 227.1 and this rule. (ii) If no motion for post-trial relief is filed within the ten-day period under Rule 227.1 but the defendant opposes the motion for delay damages, the plaintiff may enter judgment on the verdict or decision. Thereafter, upon deciding the motion for damages for delay, the court shall enter judgment for the amount of the delay damages, if any. (d)(1) In an action heard by a board of arbitrators in which damages for delay are requested, at least twenty days prior to the hearing the plaintiff shall notify the defendant of the intention to request delay damages and the date from which they are to be calculated. A defendant who objects to the request shall submit to the plaintiff within ten days prior to the hearing a statement setting forth the objections and whether (i) the defendant made an offer in writing and, if so, the amount and the date of the offer; and (ii) there was a period of time during which delay of the arbitration hearing was attributable to the plaintiff. Each party shall submit to the board at the hearing a sealed envelope containing the plaintiffs request and the defendant's statement. Immediately upon making an award, the board of arbitrators shall review the contents of the envelopes and add damages for delay, if any, to the award. If the defendant opposes the request, the board may hold a hearing on the issue of damages for delay and shall immediately thereafter determine the amount of damages for delay, if any. Damages for delay shall be separately stated in the report and award of the arbitrators. Note: This rule contemplates that the board of arbitrators will make its award immediately upon conclusion of the hearing and that it will then proceed to consider the issue of damages for delay. (2) The damages for delay shall not be included in determining whether the amount in controversy is within the jurisdiction of the arbitrators. (e) This rule shall not apply to (1) eminent domain proceedings; Note: See Article VI, section 611 of the Eminent Domain Code of 1964, Special Session, June 23, P.L. 84, 26 P.S. § 1-611, governing compensation for delay in payment. (2) actions in which damages for delay are allowable in absence of this rule. Note: See Marrazzo v Scranton Nehi Bottling Co., Inc.. 438 Pa. 72, 263 A.2d 336 (1970). for instances in which compensation for delay may be allowed in actions for destruction or involuntary conversion of property where the compensation can be measured by market value or other definite standards. (f) This rule shall apply to actions pending on or after the effective date of this rule in which damages for delay have not been determined. #TABLE# Date of Publication Prime Rate January 2, 1980 15 to 15 1/2 percent January 2, 1981 20 1/2 to 21 1/2 percent January 4, 1982 15 3/4 percent https://www.lexis.com/research/retrieve?_m=3d3 8acb 18a8c6c 1 e42af4f5d708fe8b0&csvc=1t... 2/8/2010 Get a Document - by Citation - Pa. R.C.P. No. 238 January 3, 1983 11 to 11 1/2 percent January 3, 1984 11 percent January 2, 1985 10 3/4 percent January 2, 1986 9 1/2 percent January 2, 1987 7 1/2 percent January 4, 1988 8 3/4 percent January 3, 1989 10 1/2 percent January 2, 1990 10 1/2 percent January 2, 1991 9 1/2 to 10 percent January 2, 1992 6 1/2 percent January 4, 1993 6 percent January 3, 1994 6 percent January 3, 1995 8 1/2 percent January 2, 1996 8 1/2 percent January 2, 1997 8 1/4 percent January 2, 1998 8 1/2 percent January 4, 1999 7 3/4 percent January 3, 2000 8 1/2 percent January 2, 2001 9 1/2 percent January 2, 2002 4 3/4 percent January 2, 2003 4 1/4 percent January 2, 2004 4 percent January 3, 2005 5 1/4 percent January 3, 2006 7 1/4 percent January 2, 2007 8 1/4 percent January 2, 2008 7 1/4 percent January 2, 2009 3 1/4 percent LexisNexis (R) Notes: * Case Notes: Page 3 of 30 1-0 Admiralty Law >_ctice & Procedure > Federal Prnem_gtQn Civil Procedure > Jurisdiction > Personal Jurisdiction & In Rem Actions > In Personam Actions > General Overview civil Procedure > Federal & State Interrelationships > Erie Doctrine Civil Procedure > Pleading & Practice > Pleadings > Amended Pleadings > General Overview + Civil Procedure.> Pleading. PraCt!ce_.>_Pleadings.>..H_eighjtened Pleading R.Q.quirements > General Qvervie.w +* Civil Procedure > Pleading & Practice > Service of Process > General Overview Civil Procedure > Discovery > Misconduct Civil Procedure > Summary Judgment > Standards > General Overview ±. Civil--Procedure > Alternative Dispute Resolution > Judicial Review Civil Procedure > Alternative Dispute Resolution > Mandatory ADR +FA Civil Procedure > Alternative Dispute Resolution > Validity of ADR Methods Civil Procedure > Settlements > General Overview IQI Civil Procedure > Settlements > Offers of Judgmen..t > General Overview Civil Procedure > Settlements > Settlement Agreements > Effects +Q Civil Procedure > Pretrial Matters > Continuances ±. Civil Procedure > Trials > Judgment as Matter of Law > General Overview Civii.Procedure > Judgmments >_Entr?r of Jud.gm_e...nts >...Gen..eral _overview Civil Procedure > Judgments > Relief From Judgment > General Overview + Civil Procedure > Judgments > Relief From Judgment > Additurs & Remittiturs > General Overview +FA Civil Procedure > Judgments > Relief From Judgment > Motions for New Trials 9 Civil_Procedure _>... Judgments > Relief From Judgment > Motions to Alter.._&_Amend... Civil Procedure > Remedies > Bonds > Sureties > Liability Civil Procedure > Remedies > Costs & Attorney Fees > Costs ±@ Civil Procedure > Remedies > Costs & Attorney Fees > Costs > General Overview +RI ivil Procedure >_Rer e i s > Damages > General Overview Civil Procedure > Remedies > Damages > Compensatory Damages Civil Procedure > Remedies > Damages > Special Damages +.?I Civil Procedure > Remedies > Judgment Interest > General Overview J +A Civil PrQCedur?> Remedied>._J?dgment Interest...>_PQ..stj - .ment.Interest IR) Civil Procedure > Remedies > Judgment Interest > Prejudgment Interest Civil Procedure > Sanctions > General Overview +Fs) Civil Procedure > Sanctions > Misconduct & Unethical Behavior > General Overview ±fl Civil Procedure >_..A&peais >_$tAnda-rds_of Rev.i._e.w_>. Abuse of_Discretion. *111) Constitutional Law > Bill of Riahts > Fundamental Riahts > Procedural Due Process > Scope of Protection Constitutional Law > Substantive Due Process > Scope of Protection .+,.j_"--j Constitutional Law > Equal Protection > Scope of Protection + FA C4nsdt .tional_Law.. ?,-State Qpe-tion ±21 Contracts Law > Breach > Causes of Action > General Overview https://www.lexis.comlresearchlretrieve?_m=3d3 8acb 18a8c6c 1 e42af4f5d7O8fe8bO&csvc=lt... 2/8/2010 ALLSTATE INSURANCE COMPANY MARKET CLAIM OFFICE 6345 FLANK DRIVE, SUITE 1000 HARRISBURG PA 17112-2765 SALTZ,MONGELUZZI, BARRETT & BENDESKY 34TH FLOOR 1650 MARKET ST PHILADELPHIA PA 19103 April 12, 2007 Claim Number: 1554665594 Date of Loss: July 11, 2003 Location: S SPORTING HILL RD Our Insured: JOANNE PECHART Claimant: FRED M ESSIS (WAIIStMe You're in good hands. Loss Report Date: July 11, 2003 Monday-Friday 8:00am-5:30pm MECHANICSBURG Thank you for continuing to work with Allstate Insurance Company on this liability claim. Currently: 1. Offer extended We will inform you of the status of the claim until it is concluded. We anticipate that this matter will be resolved in 180 days or sooner. If you have any questions, feel free to contact us at 800-726-8890. Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and the payment of a fine of up to $15,000. ?GG???CG'CZ l??d?l?IG Patricia Hoffman Allstate Insurance Company GKB 070412000060618C 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED ESSIS and KATRINA ESSIS, h/w, Plaintiffs V. JOANNE PECHART, Defendant NO. 05-3174 CIVIL TERM JURY TRIAL DEMANDED PRE-TRIAL CONFERENCE MEMORANDUM OF DFENDANT, JOANNE PECHART I. FACTS OF CASE: This lawsuit arises out of a motor vehicle accident which occurred on July 11, 2003. The accident occurred in the southbound lane of Sporting Hill Road, Hampden Township, Cumberland County, Pennsylvania. Defendant has admitted negligence. II. DAMAGES: Plaintiff has not exhausted the first-party benefits coverage. Defendant does not believe that there are any liens. Plaintiff is not presenting a claim for lost wages and/or loss of earning capacity. Plaintiff's claim is for pain and suffering. As previously stated, the accident was in July 2003. In August 2003, Plaintiff had surgery. He has not seen the physician since December 2003. Plaintiff is not a candidate for any further surgery and/or treatment. Plaintiff was born on June 16, 1940, and is the president of a local retail carpet store. III. ISSUES OF LIABILITY AND DAMAGES: As previously stated, negligence was admitted. The case involves the causation of injuries and the nature and extent of the injuries. IV. LEGAL ISSUES REGARDING ADMISSIBILITY OF EXHIBITS AND OTHER MATTERS: None at this time. V. WITNESSES: 1. Joanne Pechart; and, 2. Dr. David Baker (expert witness). Dr. Baker will testify via videotape. Defendant reserves the right to add or delete from this list of witnesses upon proper notice to the Court and other counsel. VI. EXHIBITS: 1. Dr. Baker's report; and, 2. Plaintiffs medical records. Defendant reserves the right to add or delete from this list of exhibits upon proper notice to the Court and other counsel. VII. SETTLEMENT NEGOTIATIONS: Defendant has offered $24,000.00 to settle this matter. Date: January ', 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS i i By: L B. SC EIB, S UI PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(a?aslsc com Attorney for Defendant, Joanne Pechart 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED ESSIS and NO. 05-3174 CIVIL TERM KATRINA ESSIS, h/w, Plaintiffs V. JOANNE PECHART, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 7 ?_I' day of January, 2010, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Pre-Trial Conference Memorandum of Defendant, Joanne Pechart, by United States First Clara Mil, postW per, addnned as follows: Robert N. Braker, Esquire Saltz, Mongeluzzi, Barrett & Bendesky, PC One Liberty Place, 52nd Floor 1650 Market Street Philadelphia, PA 19103 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By ... VJVVV 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib ?c com Attorney for Defendant, Joanne Pechart Prime Kate History Page 1 of 19 Prime Rate History Prime Rate The Current Prime Rate I Prime Rate Forecast I SiteMap I Prime Rate FAQ History of The U.S. (Fed) Prime Rate from 1947 to The Present Click Here for The Current U.S. Prime Rate - Date of Rate Change Rate (%) December 1, 1947 1.75 August 1, 1948 2 September 22, 1950 2.25 January 8, 1951 2.5 October 17, 1951 2.75 December 19, 1951 3 April 27, 1953 3.25 March 17, 1954 3 I August 4, 1955 3.25 October 14, 1955 April 13, 1956 August 21, 1956 August 6, 1957 3.5 3.75 4 4.5 i January 22, 1958 4 IF http://www.wsjprimerate.us/wall_Street?journal_prime_rate history.htm 2/8/2010 Prime Kate History Page 2 of 19 April 21, 1958 September 11, 1958 3.5 4 May 18, 1959 4.5 September 1, 1959 5 August 23, 1960 4.5 December 6, 1965 5 March 10, 1966 5.5 June 29, 1966 5.75 August 16, 1966 6 January 26, 1967 5.75 March 27, 1967 5.5 November 20, 1967 6 April 19, 1968 6.5 September 25, 1968 6.25 December 2, 1968 6.5 December 18, 1968 6.75 January 7, 1969 7 March 17, 1969 7.5 June 9, 1969 8.5 March 25, 1970 8 September 21, 1970 7.5 http://www.wsjprimerate.us/wall_streetjoumal_prime_rate_history.htm 2/8/2010 Prime Kate History Page 3 of 19 November 12, 1970 7.25 November 23, 1970 7 December 22, 1970 6.75 January 6, 1971 6.5 January 15, 1971 6.25 January 18, 1971 6 February 16, 1971 5.75 March 11, 1971 5.5 March 19, 1971 5.25 April 23, 1971 5.5 July 7, 1971 6 October 20, 1971 5.75 November 8, 1971 5.5 December 17, 1971 5.25 January 3, 1972 5 January 18, 1972 4.75 February 16, 1972 4.5 March 20, 1972 4.75 March 31, 1972 5 June 27, 1972 5.25 August 29, 1972 5.5 http://www.wsjprimerate.us/wall_street_joumal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 4 of 19 October 3, 1972 5.75 December 27, 1972 February 27, 1973 6 6.25 March 26, 1973 6.5 April 19, 1973 6.75 May 7, 1973 7 May 25, 1973 7.25 June 7, 1973 7.5 June 22, 1973 7.75 July 2, 1973 8 July 9, 1973 8.25 July 18, 1973 8.5 July 30, 1973 8.75 August 6, 1973 9 August 13, 1973 9.25 August 21, 1973 9.5 August 28, 1973 9.75 September 18, 1973 10 October 23, 1973 9.75 October 29, 1973 9.5 December 3, 1973 9.75 http://www.wsjprimerate.us/wall_street_joumal_prime_rate history.htm 2/8/2010 Prime Rate History Page 5 of 19 January 29, 1974 9.5 February 11, 1974 9.25 February 19, 1974 9 February 25, 1974 8.75 March 22, 1974 9 April 1, 1974 9.25 April 4, 1974 9.5 April 8, 1974 9.75 April 11, 1974 10 April 22, 1974 10.25 April 25, 1974 10.5 May 2, 1974 10.75 May 7, 1974 11 May 10, 1974 11.25 May 17, 1974 11.5 June 27, 1974 11.75 July 8, 1974 October 8, 1974 October 22, 1974 November 6, 1974 12 11.75 11.25 11 November 13, 1974 10.75 http://www.wsjprimerate.us/wall_street_joumal_prime_rate_history.htm 2/8/2010 Pritne Rate History Page 6 of 19 November 25, 1974 10.25 January 9, 1975 10.25 January 15, 1975 10.00 January 20, 1975 9.75 January 28, 1975 9.50 February 3, 1975 9.25 February 10, 1975 9.00 February 18, 1975 8.75 February 24, 1975 8.50 March 5, 1975 8.25 March 10, 1975 March 18, 1975 March 24, 1975 8.00 7.75 7.50 May 20, 1975 7.25 June 9, 1975 7.00 July 20, 1975 7.25 July 29, 1975 7.50 August 11, 1975 7.75 September 12, 1975 8.00 October 28, 1975 7.75 November 7, 1975 7.50 http://www.wsjprimerate.us/wall_street_joumal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 7 of 19 December 2, 1975 7.25 January 12, 1976 7.00 January 21, 1976 6.75 June 1, 1976 7.00 June 10, 1976 7.25 August 3, 1976 7.00 September 24, 1976 6.75 November 1, 1976 6.50 November 24, 1976 6.25 May 13, 1977 6.50 May 31, 1977 6.75 August 22, 1977 7.00 September 16, 1977 7.25 October 7, 1977 7.50 October 24, 1977 7.75 January 10, 1978 8.00 May 5, 1978 I F 8.25 May 26, 1978 8.50 June 16, 1978 8.75 July 30, 1978 9.00 August 31, 1978 9.25 http://www.wsjprimerate.us/wall_streetJjoumal prime_rate_history.htm 2/8/2010 Prime Rate History Page 8 of 19 September 15, 1978 9.50 September 28, 1978 9.75 October 13, 1978 10.00 October 27, 1978 10.25 November 1, 1978 10.50 November 6, 1978 10.75 November 17, 1978 11.00 November 24, 1978 11.50 December 26, 1978 11.75 June 19, 1979 11.50 July 27, 1979 August 16, 1979 August 28, 1979 September 7, 1979 11.75 12.00 12.25 12.75 September 14, 1979 13.00 September 21, 1979 13.25 September 28, 1979 13.50 October 9, 1979 14.00 October 23, 1979 15.00 November 1, 1979 15.25 November 9, 1979 15.50 http://www.wsjprimerate.us/wall-street,journal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 9 of 19 November 16, 1979 14.75 November 30, 1979 15.50 December 7, 1979 15.25 February 19, 1980 15.75 February 22, 1980 16.50 February 29, 1980 16.75 March 4, 1980 17.25 March 7, 1980 17.75 March 14, 1980 18.50 March 19, 1980 19.00 March 28, 1980 19.50 April 2, 1980 20.00 April 18, 1980 19.50 May 1, 1980 18.50 May 7, 1980 17.50 May 16, 1980 16.50 May 23, 1980 14.50 May 30, 1980 14.00 June 6, 1980 13.00 June 13, 1980 12.50 June 17, 1980 12.00 http://www.wsjprimerate.us/wall_street_joumal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 10 of 19 July 7, 1980 11.50 July 25, 1980 11.00 August 22, 1980 11.25 August 27, 1980 11.50 September 8, 1980 12.00 September 12, 1980 12.25 September 19, 1980 12.50 September 26, 1980 13.00 October 1, 1980 13.50 October 17, 1980 14.00 October 29, 1980 14.50 November 6, 1980 15.50 November 17, 1980 16.25 November 21, 1980 17.00 November 26, 1980 17.75 December 2, 1980 18.50 December 5, 1980 19.00 December 10, 1980 20.00 December 16, 1980 21.00 December 19, 1980 21.50 (U.S. Prime Rate record high) (BACK TO TOP CURRENT PRIME RATE) http://www.wsjprimerate.us/wall_streetjournal_prime_rate_history.htm 2/8/2010 Prhne Rate History Page 11 of 19 January 2, 1981 20.50 January 9, 1981 20.00 February 3, 1981 19.50 February 23, 1981 19.00 March 10, 1981 18.00 March 17, 1981 17.50 April 2, 1981 17.00 April 24, 1981 17.50 April 30, 1981 18.00 May 4, 1981 19.00 May 11, 1981 19.50 May 19, 1981 20.00 May 22, 1981 20.50 June 3, 1981 20.00 July 8, 1981 20.50 September 15, 1981 19.50 October 5, 1981 19.00 October 13, 1981 18.00 November 3, 1981 17.50 November 9, 1981 17.00 November 16, 1981 16.50 http://www.wsjprimerate.us/wall-street-journal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 12 of 19 November 24, 1981 16.00 December 3, 1981 15.75 February 8, 1982 16.50 February 18, 1982 17.00 February 23, 1982 16.50 July 20, 1982 16.00 July 29, 1982 15.50 August 2, 1982 15.00 August 16, 1982 14.50 August 18, 1982 14.00 September 3, 1982 13.50 October 7, 1982 13.00 October 13, 1982 12.00 November 22, 1982 11.50 January 11, 1983 11.00 February 21, 1983 10.50 August 8, 1983 11.00 March 19, 1984 11.50 April 5, 1984 12.00 May 8, 1984 12.50 June 26, 1984 13.00 http://www.wsjprimerate.us/wall-street-journal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 13 of 19 September 27, 1984 12.75 October 16, 1984 12.50 October 24, 1984 12.00 November 8, 1984 11.75 November 28, 1984 11.25 December 19, 1984 10.75 January 15, 1985 10.50 May 20, 1985 June 18, 1985 March 7, 1986 April 21, 1986 10.00 9.50 9.00 8.50 July 11, 1986 8.00 August 26, 1986 7.50 April 1, 1987 7.75 May 1, 1987 8.00 May 15, 1987 8.25 September 4, 1987 8.75 October 7, 1987 9.25 October 22, 1987 9.00 November 5, 1987 8.75 February 2, 1988 8.50 http://www.wsjprimerate.us/wall_street_j oumal_prime_rate_history.htm 2/8/2010 Prime Rate History Page ?.4 of 19 May 11, 1988 9.00 July 14, 1988 9.50 August 11, 1988 10.00 November 28, 1988 10.50 February 10, 1989 11.00 February 24, 1989 11.50 June 5, 1989 11.00 July 31, 1989 10.50 January 8, 1990 10.00 January 2, 1991 9.5 February 4, 1991 9.00 May 1, 1991 8.50 September 13, 1991 8 November 6, 1991 7.5 December 23, 1991 6.5 July 2, 1992 6.00 March 24, 1994 6.25 April 19, 1994 6.75 May 18, 1994 7.25 August 16, 1994 7.75 November 15, 1994 8.5 http://www.wsjprimerate.us/wall_street_joumal_prime_rate history.htm 2/8/2010 Prime Rate History Page 15 of 19 I February 1, 1995 9.00 July 7, 1995 8.75 December 20, 1995 8.50 January 31, 1996 8.25 March 27, 1997 8.50 September 30, 1998 8.25 October 16, 1998 8.00 November 18, 1998 7.75 July 1, 1999 8.00 August 25, 1999 8.25 November 17, 1999 February 3, 2000 March 22, 2000 May 17, 2000 8.50 8.75 9.00 9.50 January 4, 2001 9.00 February 1, 2001 8.50 March 21, 2001 8.00 April 19, 2001 7.50 May 16, 2001 I E:7 7.00 June 28, 2001 6.75 August 22, 2001 6.50 http://www.wsjprimerate.us/wall_Street_j oumal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 16 of 19 September 18, 2001 6.00 October 3, 2001 5.50 November 7, 2001 5.00 December 12, 2001 4.75 November 7, 2002 4.25 June 27, 2003 4.00 July 1, 2004 4.25 August 11, 2004 4.50 September 22, 2004 4.75 November 10, 2004 5.00 December 14, 2004 5.25 February 2, 2005 5.50 March 22, 2005 5.75 May 3, 2005 6.00 June 30, 2005 6.25 August 9, 2005 6.50 September 21, 2005 6.75 November 1, 2005 7.00 December 13, 2005 7.25 January 31, 2006 7.50 March 28, 2006 7.75 http://www.wsjprimerate.us/wall_streetioumal_prime_rate history.htm 2/8/2010 Prime Rate History Page 17 of 19 May 10, 2006 8.00 June 29, 2006 8.25 Date of Rate Change Rate (%) September 18, 2007 7.75 October 31, 2007 7.50 December 11, 2007 7.25 January 22, 2008 6.50 January 30, 2008 6.00 March 18, 2008 5.25 April 30, 2008 5.00 October 8, 2008 4.50 October 29, 2008 4.00 December 16, 2008 3.25 (The Current U.S. Prime Rate) January 27, 2010: The Federal Open Market Committee (FOMC) has voted to keep the target range for the fed funds rate at 0% - 0.25%. Therefore, the U.S. Prime Rate remains at 3.25%. The next FOMC meeting and decision on short-term rates will be on March 16TH, 2010. Estimate Your New Mortgage Payment - No SSN Required Prime Rate I Current Prime Rate Prime Rate Forecast I SITEMAP I Prime Rate Chart Find Out What Your Lowest Monthly Mortgage Payment Could Be Cumulative Average of The U.S. Prime Rate (1947 - Present): 9.842% http://www.wsjprimerate.us/wall-street-journal_prime_rate_history.htm 2/8/2010 Prime Rate History Page 18 of 19 U.S. Prime Rate Mode (Most Frequent Value; 1947 - Present): 7.5% The Median U.S. Prime Rate (1947 - Present): 8.75% U.S. Prime Rate All-Time High: 21.50% (Dec 19, 1980 thru Jan 2, 1981 - click here) Think You Pay Too Much for your Mortgage? Find Out! MYYxo? <-- Free Updates --> Click Here to Jump to The Top of This Document No Fee Balance Transfer Wall Street Journal Subscription I Barron's Subscription No Exam Life Insurance Quote Vbe 6676 Transfer +ebs!e Credit Card Companies Compete For Your Business & You Get The Best ©% Balance Transfer Dealt ,?. Prepaid Credit Cards I Business Credit Cards I 0% Credit Cards Debt Help Chart: U.S. Prime Rate vs. Fed Funds Target Rate vs. 1-Month LIBOR vs. 3-Month LIBOR Car Insurance I LIBOR History I Personal Finance Blog I Fed Funds Rate MarketWatch Latest LIBOR I SITEMAP Prime Rate I CPI Inflation Calculator LIBOR Prime Rate FAQ I New Prepaid Credit Cards Small Business Credit Cards Home Equity Loan Rates History Mortgage Rates History Prime Rate Online Poll Chase Credit Cards Two easy-to-remember shortcuts to this page: www.PrimeRateHistory.info www. CurrentPrimeRate. info http://www.wsiprimerate.us/wall_streetioumal_prime_rate_history.htm 2/8/2010 • Prime Rate History www.FedPrimeRate.com Is The "Always Up-To-Date" Prime Rate Information Website. . Federal Reserve and W! Page 19 of 19 PAGE PROTECTED BY COPXSCAPE DO NOT COPY. Privacy Policy copyright © 2009 Fed PrimeRate.comsM This website is not owned by or affiliated with The Wall Street Journal@ or Dow Jones & Company. Information in this website is provided for educational purposes only. The owners of this website make no warranties with respect to any and all content contained within this website. Consult a financial professional before making important decisions related to any investment or loan product, including, but not limited to, business loans, personal loans, education loans, first or second mortgages, credit cards and car loans. http://www.wsjprimerate.us/wall_streetioumal_prime_rate history.htm 2/8/2010 T FRED ESSIS and KATRINA ESSIS, Plaintiffs V. JOANNE PECHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 3174 CIVIL TERM ORDER OF COURT AND NOW, this 19TH day of FEBRUARY, 2010, a Rule is issued upon the Defendant to Show Cause why the Plaintiffs' Motion for Delay Damages should not be granted. Rule returnable ten (10) days after service. By the Court, Edward E. Guido, J. ? Robe N. Braker Esquire Michael B. Scheib, Esquire :sld C .) o r- rT-F CC7 a./i4 /to - t-0 Z £ -£ Hyd 61 933 01OZ tai l?? ? THr 2015 FEB 2' Pi 3 5 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYOW t4SYLVANIAP FRED ESSIS and NO. 05-3174 CIVIL TERM KATRINA ESSIS, h/w, Plaintiffs V. JOANNE PECHART, Defendant JURY TRIAL DEMANDED ANSWER OF DEFENDANT JOANNE PECHART TO PLAINTIFF FRED ESSIS' MOTION FOR DELAY DAMAGES PURSUANT TO PA.R.C.P. 238 Defendant Joanne Pechart, by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, responds to the Motion for Delay Damages as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. It is further admitted that a later offer of $30,000.00 was extended to Plaintiff. (See Plaintiff's Pre-Trial Conference Memorandum.) 6. Denied as stated. The claim of Plaintiff Katrina Essis was dismissed/withdrawn. The jury only awarded $71,700.00 to Plaintiff Fred Essis. 7. Admitted. The jury award exceeded the offer of $30,000.00. 8. Denied. Rule 238(b)(1)(ii) provides that the period of time for which damages for delay shall be calculated shall exclude the period of time during which the Plaintiff caused delay of the trial. 9. Admitted. 10. Denied. Plaintiff has used the improper rate for 2006. The prime rate for 2006 was 7.25%. (See Addendum to Explanatory Comments to Pa.R.C.P. 238.) 11. Denied. Plaintiffs calculations are improper. First, Plaintiff used the wrong rate for 2006. Secondly, Plaintiff caused the delay for this matter. 12. Denied. Plaintiff's calculations are improper. First, Plaintiff used the wrong rate for 2006. Secondly, Plaintiff caused the delay for this matter. 13. Denied. Plaintiffs calculations are improper. First, plaintiff used the wrong rate for 2006. Secondly, Plaintiff caused the delay for this matter. 14. Denied. Plaintiff's calculations are improper. First, Plaintiff used the wrong rate for 2006. Secondly, Plaintiff caused the delay for this matter. By Way of Further Defense: 15. Paragraphs 1 through 14 of Defendant Pechart's Answers are incorporated herein as though fully set forth at length. 16. For 2006, Plaintiff has used the incorrect rate for the calculation of delay damages. The prime rate for 2006 was 7.25%. (See Addendum to Explanatory Comments to Pa.R.C.P. 238.) If Plaintiff had used the correct rate for the calculation of delay damages, he would be entitled to delay damages of $2,528.16 for 2006, a reduction of $306.45. 17. For 2007, Defendant does not oppose Plaintiff's request for delay damages. 3 18. For 2008 and 2009, Defendant opposes the request for delay damages. Plaintiff is not entitled to delay damages for the period of time during which Plaintiff caused the delay of trial. Rule 238(b)(1)(ii). 19. Since March 2008, Plaintiff has repeatedly caused the delay of trial. a. On March 4, 2008, the case was stricken from the March 2008 Trial List because Plaintiff's counsel failed to appear at the Call of the Trial List and call the case for trial. (See Judge Oler's Order dated March 4, 2008, which is attached hereto as Exhibit 1.) b. At Plaintiff's counsel's request, the case was placed on the June 2008 Trial List. However, on May 20, 2008, Attorney Braker had the case stricken from the June 23, 2008, Trial List and requested that it be placed on the September 2008 Trial List. (See Attorney Braker's letter to the Cumberland County Court Administrator dated May 20, 2008, which is attached as Exhibit 2.) C. Despite his letter of May 20, 2008, Plaintiff s counsel did not file anything to place the case on the September 2008 Trial List. d. On August 8, 2008, Plaintiff placed the case on the November 2008 Trial List, but failed to appear at the Call of the Trial List. Following a conference call, the case was stricken from the Trial List. The Court provided that Plaintiff could relist it for the next term of Court. Plaintiff failed to list for the next trial term. (See Judge Oler's Order dated October 21, 2008, which is attached as Exhibit 3.) e. Plaintiff failed to list this case on any trial list for 2009. 20. Plaintiff caused the delay of trial from March 4, 2008, through August 8, 2008, a period of 157 days. Furthermore, Plaintiff caused the delay of trial from October 21, 2008, 4 through the end of 2008, a period of an additional 171 days. In 2008, Plaintiff caused a delay of a total of 228 days. 21. For 2008, Plaintiff is only entitled to delay damages for a period of 138 days. This figure is $2,230.34. 22. Plaintiff failed to take any steps to place this case on a Trial List for 2009. Accordingly, Plaintiff is not entitled to delay damages for 2009. 23. For 2008, Plaintiff would be entitled to delay damages of $2,230.34. For 2009, Plaintiff is not entitled to any damages because the delay was caused by his conduct. WHEREFORE, Defendant Joanne Pechart respectfully requests that Plaintiff's Motion for Delay Damages be denied and delay damages awarded consistent with this Answer. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ? l Date: February 25, 2010 By: V( ?? MICHAEL B. SCHEIB, ESQ A'RE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibggslsc.com Attorney for Defendant, Joanne Pechart 5 FRED ESSIS AND IN THE COURT OF COMMON PLEAS OF KATRINA ESSIS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOANNE PECHART, Defendant 05-3174 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2008, upon consideration of the call of the Civil Trial List and no person having called the above-captioned case for trial, it is stricken from the trial list. By the Court, . r esley 0],. r, Jr. , Robert N. Braker, Esquire Michael B. Scheib, Esquire Court Admin. p cb I? 1,?` '?SA.?'?•????3 S'';???'-i?Ya 9 37?.Yv? it P Y t(- ???V ?114 ft {fa e'? rtlltl to y3 st r f e i I I S A L T Z M O N G E L U Z- 1 E. A R R E T T & B E N 0 E S 1•. Y P? TRIAL LAWYERS DELAWARE COUNTY OFFICE 20 WEST THIRD STREET P.O. Box 1670 MEDIA, PA 19063 VOICE 610.627.9777 FAX 610.627.9787 ROBERT N. BRAKER DIRECT DIAL 215-575-2985 RBRAKER@SMBB.COM May 20, 2008 Court Administrator's Office Cumberland County 1 Courthouse Square, 3R Carlisle, PA 17013 Re: Fred Essis and Katrina Essis v. Joanne Pech art No.: 2005-03174 Dear Sir/Madam: NEW JERSEY OFFICE PLAZA 1000 AT MAIN STREET SUITE 206 VOORHEES, NJ 08043 VOICE 856.7 5 I,a383 FAX 856.751.0868 Please allow this letter to confirm that the Court has agreed to remove this case from the June 23rd Trial List and relist the case for the September Trial List. Thank you for your courtesies in this regard. Very truly yours, RNB/law ONE LIBERTY PLACE, 52ND FLOOR 1650 MARKET STREET PHILADELPHIA, PA 19103 VOICE 215.49G.8282 FAX 215.496.0999 SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. By: ROBERT N. BRAKER cc: Michael B. Scheib, Esquire M? FRED ESSIS and KATRINA ESSIS, H/W, Plaintiffs V JOANNE PECHART, Defendant t, 7 IN THE COURT OF COMMON? PLE=,S CUMBERLAND COUNTY, PENN11'YI_2VANIT CIVIL ACTION - LAW 05-3174 CIVIL TERM IN RE: ORDER STRIKING CASE FROM LIST VACATED ORDER OF COURT AND NOW, this 21st day of October, 2008, the above-captioned case having been stricken from the trial list earlier- on today's date based upon a failure to call the case for trial at the call_ of the civil trial list, and following a telephone conference in which Plaintiffs were represented by Robert N. Braker, Esquire, and Defendant was represented h- Michael B. Scheib, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. The earlier Order of Court striking tree case from the trial list based upon a failure to call the case for trial is vacated; 2. Defendant's counsel having moved for a continuance of trial based upon the unavailability of Defendant during the forthcoming term of court, the motion for a continuance is granted, and the case is stricken from the November 17, 2008, trial list; 3. Either counsel may relict this case for trial at such time as he deems appropriate without prejudice to the right of opposing counsel to request a further continuance; and 4. Nothing in this order is intended to represent a ruling as to any further continuance requests in case. Robert N. Braker, Esquire 1650 Market Street 34th Floor Philadelphia, PA 19103 For Plaintiffs Michael B. Scheib, Esquire 110 South Northern Way York, PA 17402 For Defendant Court Administrator mae Ev ,:he C'ou : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED ESSIS and NO. 05-3174 CIVIL TERM KATRINA ESSIS, h/w, : Plaintiffs V. JOANNE PECHART, ; Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 25 h day of February, 2010, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answers of Defendant Joanne Pechart to Plaintiff Fred Essis' Motion for Delay Damages Pursuant to Pa.R.C.P. 238, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Robert N. Braker, Esquire Saltz, Mongeluzzi, Barrett & Bendesky, PC One Liberty Place, 52"d Floor 1650 Market Street Philadelphia, PA 19103 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: IC AEL B. SCHEIB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@ Yslsc com Attorney for Defendant, Joanne Pechart r FRED ESSIS & KATRINA ESSIS HUSBAND AND WIFE, Plaintiff V. JOANNE PECHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3174 CIVIL VERDICT SLIP STATE THE TOTAL AMOUNT OF DAMAGES SUSTAINED BY PLAINTIFF FRED ESSIS AS A RESULT OF THE ACCIDENT. PAST MEDICAL EXPENSES PAST & FUTURE NON-ECONOMIC DAMAGES $ TOTAL $ J DATE: FEBRUARY 2, 2010 JURY FOREPERSON In the Court of Commons Pleas of Cumberland County, PA., FRED ESSIS AND KATRINA ESSIS Docket No. 2005-3174 CIVIL Judge: GUIDO -- V S -- JOANNE PECHART /Zl1 b? `? r Attorney: Attorney: I / IWA Date: ,2 JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 IMIYIIMMMMNMM FEB01-323 INGERICK, PATRICIA A f 2 IIMMIMMYMMMM FEB01-230 BRYNER, DAYNA 3 IIMMIMIMIM?MM FEB01-232 TASSEV, ELENA G 4 IMMMYMYM?MMIMM FEB01-13 HACKER, RICHARD F 5 I?MIN¦?IMMM FEB01-180 SALISBURY,, JR EDGAR H MURRAY TAMMY L t - _.. 7 - mmff IMMMM FEB01-155 HARPER,, JR GEORGE A t 9 IMIMNIMMIMMIINM FEB01-189 SCHLODER, PAUL M + 10 IMIMIMIMYMM?MIY FEB01-58 ISENBERG, HERBERT 11 IIMYIMINrMI1MMM FEB01-57 SHUEY, SUZANNE A + JONATHAN U 13 IYY FEB - 15 IMIIMIMMIMYMn FEB01-26 FURJANIC, CAROL A 16 -IIMIMMIYM 17 FEB01-287 1 _ 1 8 1mmonsmon FEBOI-15 PARSONS, NANCY M 1 9 IIMM ENE11111M FEB01-142 COLLIER, LARRY G 20 IYMMIMMIMYMMIY FEB01-328 KARR, BARBARA A 21 INMIMMIMYMMMM FEB01-7 BRANDENBURG, LARRY T 22 , 01-195 LUTHY, PATRICIA R , SIP,. R s FRED ESSIS AND KATRINA ESSIS -- V S - JOANNE PECHART No. Juror # 23 1NNNINNINI MNNt FEB01-3 24 1NMNNINNn 10 FEB01-264 25 1NNI?a1NIN NN FEBOI-289 26 iinBINIIINIIMNNd FEB01-39 27 1NNNINIIINIININNNINII EB0I-168 28 1111INIEN11001011 01-162 29 INNNIMINIINNNNeNINN FEB -107 30 INNNINNmmINI on FEB01- 2 31 INNNINNININNmNN FEB01-21 32 INIIININIHNIIIIINN FEB01-283 33 INNNINIvIiNmmon FEB01-20 34 INNNIIINNNNINIIIIN FEB01- 3 35 INNNIIIIININ mun FEBO -211 361NNNNINININNNNIIINN FE 1-140 37 1NNNIHNIIINNNIININN B0142 381NNNIIINImINNIIIIINN B01-97 39 1111IIveniuMNININN B01-133 40 IIINNIIINNnInIININN FEB01-141 41 42 43 44 In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2005-3174 CIVIL Judge: GUIDO Attorney: Attorney: Date: JURORS NAMES OF JURORS CALLED MADDOX, LORETTA I THURSTON, D VID K SCHWART NANCY K JOHNSO GERALD E FAIR, FFREY A a WAL Z, JANICE H F REBECCA L L MANSKI, ROBERT D + ?TRAYER, THOMAS R MCCANDLESS, KAREN P GANA, BRIAN C YES R, LINDA J SWEG CAROLYN E a VINCENT, INDA L + MCCOY, SK AR P + THURSTIN, SHANON L DAISE, SHEILA SISTI, GINO A CAUSE I P I D FRED ESSIS and IN THE COURT OF COMMON PLEAS OF KATRINA ESSIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JOANNE PECHART, NO. 2005 - 3174 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 9TH day of MARCH, 2010, a hearing is scheduled for THURSDAY, APRIL 1, 2010, at 1:00 p.m. in Courtroom # 3 to receive evidence and hear argument on the issue of delay damages. 4 By W Edward E. Guido, J. 'OBERT N. BRAKER, ESQUIRE 52ND FLOOR 1650 MARKET STREET PHILA., PA 19103 X?? CHAEL B. SCHEIB, ESQUIRE 10 SOUTH NORTHERN WAY YORK, PA 17402-3737 COURT ADMINISTRATOR :sld n N SO r d „ ? t FRED ESSIS AND KATRINA ESSIS, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JOANNE PECHART No. 2005-03174 ORDER AND NOW, this f p' day of 47)4--1 , 2010, upon consideration of Plaintiff, Fred Essis' Motion for Delay Damages, and any response thereto, pursuant to Pa.R.C.P. 238, the verdict of the jury in the amount of $71,700.00 for compensatory damages in favor of Plaintiff, Fred Essis, is hereby molded to reflect the addition of delay damages in the amount of $15,935.07, for a total verdict in favor of Plaintiff, Fred Essis, of $87,635.07. BY T OURT: J. (2n I io i;Es m.-, t LcL r44-?-t 07- k/ra.l ?a