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HomeMy WebLinkAbout05-5567 ORIGINAL R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 E-Mail: cmarsar@rjmarzella.com Telephone: (717) 234-7828 Facsimile: {717l.234-6883 Attorneys for Plaintiff Doris Temp DORIS E. TEMP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No,: 0 S - SSe, '7 Cu...J~ Civil Law Plaintiff v, MICHAEL ANTHONY FARNAN Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 2 Liberty A venue Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted en Ja corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y Ja nontificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en Ja corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su p esona. Sea avisado que si usted no se defiende, Ja corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA LFIClNA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 35n North Front Street Harrisburg, PA 17110 E-Mail: cmarsar@rjmarzella.com Telephone: (717) 234-7828 Eacsimile: (717) 234-6883 Attorneys for Plaintiff Doris Temp DORIS E. TEMP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No,: 0$- :;<;<.1 ~~ IL-. Civil Law Plaintiff v. MICHAEL ANTHONY FARNAN Defendant JURY TRIAL DEMANDED COMPLAINT Parties to the Action I. Plaintiff, Doris E. Temp, is an adult individual, residing at 1904 George Avenue, Carlisle, P A 17013. 2. Defendant Michael Anthony Farnan (hereinafter, "the Defendant"), is an adult individual, residing at 127 Ridge Drive, Dillsburg, P A 17019. Summary of Causes of Action 3. On or about January 19,2004, at approximately 2:22 p.m., Doris Temp was traveling on the SR 581 East ramp to SR 15 South in East Pennsboro Township. 4. While on the merge ramp to SR IS South, Ms. Temp gradually brought her car to a stop due to heavy oncoming traffic on SR 15 South. Docket: 5. At the time of the accident at issue in this Complain, Ms, Temp was seated in the driver's seat of her automobile, properly wearing her seatbelt. 6. At the time of the accident at issue in this Complaint, Ms. Temp was driving a 2001 Ford Focus, Registration Number believed to be IF AFP34351W230875. 7. Immediately prior to the accident at issue in this Complaint, the Defendant was following Ms. Temp on the ramp to SR 15 South. 8. While Ms. Temp was lawfully stopped on the ramp because of the heavy oncoming traffic, the Defendant violently struck the rear of Ms. Temp's vehicle. 9. The Defendant struck Ms. Temp's vehicle on the right rear corner, causing damage to her vehicle. 10. After the collision, Pennsylvania State Police Trooper Paul Gaspich arrived at the scene, and issued a warning to the Defendant for following too closely. 11. As a result of the collision, Ms. Temp developed pain in her lower back accompanied by a headache. 12. The pain grew worse throughout the night of the accident and into the next day. 13. By the following day Ms. Temp could no longer bear the pain. On or about January 20, 2004 she presented to Center City Chiropractic with complaints of extreme lower back pain. 14. During that visit, Ms. Temp was evaluated and treated with chiropractic adjustments, heating pad, and electrical stimulation. 2 Docket: 15. Over the course of the next few days, Ms. Temp continued to experience a great deal of pain in her lower back. In addition, following the accident Ms. Temp began experiencing pain in her right knee. 16. On or about January 29, 2004, Ms. Temp presented to Susquehanna Internal Medicine for "knee pain and back pain greatly exacerbated following a car accident on January 19, 2004." 17. Ms. Temp treated with Dr. Kathryn M. Franz at Susquehanna Internal Medicine for her back and knee pain. 18. Dr. Franz referred Ms. Temp to Dr. Stuart Hartman of Hartman Rehabilitation Associates for management of the pain. 19. As instructed, Ms. Temp began treatment with Dr. Hartman on or about March 16,2004. 20. Due to Ms. Temp's intense back pain during her March 16,2004 office visit, Dr. Hartman recommended additional treatment in the form of physical therapy sessions at Pinnacle Health Rehabilitation. 21. Thereafter, Ms. Temp returned to Dr. Hartman's office on or about July 13, 2004, and Dr. Hartman noted that Ms. Temp continued to suffer from intense right knee pain. He also noted that Ms. Temp had never had any problems with her right knee prior to the accident in question. 22. Also, Dr. Hartman specifically noted that Ms. Temp's complaints were a direct result of the automobile accident she was involved in on January 19,2004. 3 Docket: 23. At that point, Dr. Hartman prescribed a course of physical therapy for Ms. Ternp with Pinnacle Health Rehabilitation. 24. As instructed, on or about August 3, 2004, Ms. Temp started physical therapy with Pinnacle Health. 25. The physical therapy note dated August 3, 2004 documents that Ms, Temp's right knee and back pain caused her to avoid stairs, inhibited her sleep, and only allowed her to stand or walk for fifteen (15) minute increments. 26. As a result of her symptoms, Ms. Temp went through a course of physical therapy three (3) times a week for four (4) weeks at Pinnacle Health. 27. After ten (10) treatments with Pinnacle, it was noted that Ms. Temp still suffered from intense knee pain, especially with extended weight bearing activities. 28, On or about September 9,2004, Ms. Temp returned to Dr. Hartman to seek further treatment of her continuing knee and back pain. 29. During that visit, Dr. Hartman noted that despite taking Vicodin on a daily basis, Ms. Temp still suffered from intense knee pain, which inhibited her driving, walking, and even sitting. 30. Thereafter, on or about September 20, 2004, Ms. Temp had her last treatment at Pinnacle Health Rehabilitation. 31. At that time, it was noted that despite seventeen (17) treatments, Ms. Temp had made some progress, but she had not reached any ofthe goals of the physical therapy, and she continued to suffer from tenderness and pain in her right knee. 4 Docket: 32. Thereafter, on or about October 28, 2004, Ms. Temp had another appointment with Dr. Hartman for her continuing right knee and back pain. 33. During that visit, Dr. Hartman noted that Ms. Temp continued to suffer from pain related to the motor vehicle accident, and he ordered a MRI of her lumbar spine. 34. The results of Ms. Temp's lumbar spine MRI on November 3,2004, indicated diffuse disc bulges at Ll-L2, L3-L4, L4-L5, and L5-S1 with a small central disc protrusion. 35. The abnormal MRI results were new findings following the January 19, 2004 accident and were consistent with injuries caused by a rear-end collision. 36. At that point, Dr. Hartman felt that Ms. Temp might benefit from steroid injections into the lumbar spine. 37. On January 14,2005, Ms. Temp was referred to Malik Momin, M.D. for steroid injections, 38. After the first steroid injection on January 14,2005, Ms. Temp did not obtain relief from her back and knee pain; therefore, she underwent a second steroid injection performed by Dr. Momin on March 11,2005. 39. During the March 11,2005 visit, it was noted that Ms. Temp's pain was the result of the motor vehicle accident. 40. Thereafter, on or about April 8, 2005, Ms. Temp required a third and final steroid injection from Dr. Momin due to her low back pain and right extremity radiculopathy. 5 Docket: 4 L After going through a full course of steroid injections, and without receiving any relief from her constant lower back and right knee pain, Ms. Temp returned to Dr. Hartman's office on or about May 24, 2005. 42. During this visit, Dr. Hartman noted that Ms. Temp was doing worse overall, and thought she might benefit from a possible facet or medial branch block. 43. Ms. Temp is still currently treating for her injuries and may require surgery in the future in an attempt to alleviate her symptoms. 44. As a direct and proximate result of the negligence ofthe Defendant, Plaintiff, Doris Temp, has suffered permanent and severe injuries. 45. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Doris Temp, has been and will continue to be forced to incur liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses throughout her adult life and a claim is made therefor. 46. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Doris Temp, has undergone and in the future will undergo great physical pain and suffering, great inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and emotional distress and a claim is made therefor. 47. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Doris Temp, has undergone and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefor, 6 Docket: 48, As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Doris Temp, has sustained in the past and will sustain in the future a loss of earnings, a permanent impairment of her earning power and capacity and a claim is made therefor. 49. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Doris Temp, has been advised and therefore avers that the damages and injuries alleged herein are permanent and a claim is made therefor. 50. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, the vehicle driven by Defendant Anthony Michael Farnan collided with the rear of Plaintiff's vehicle causing Plaintiff Doris Temp to sustain severe, extensive and permanent personal injuries including but not limited to her back, and right knee and pain requiring medical treatment and therapy, and may require medical treatment and therapy in the future, and a claim is made therefor. COUNT I DORIS TEMP v. ANTHONY MICHAEL FARNAN 51. The allegations contained in Paragraphs 1-50 of Plaintiffs' Complaint are incorporated herein as reference as if fully set forth. 52. Regarding the accident, which is the subject matter ofthis Complaint, Defendant Anthony Farnan was negligent, careless, and reckless in the operation of a motor vehicle in the following particulars: 7 Docket: (a) operating his vehicle in violation ofthe ordinances of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, including but not limited to reckless driving and following too closely; (b) failing to have the vehicle under proper and adequate control in order to stop or avoid striking the Plaintiff's vehicle; (c) failing to keep an appropriate lookout to avoid striking the Plaintiff's vehicle; (d) failing to maneuver his vehicle appropriately in order to avoid striking Plaintiff's vehicle; (e) operating the vehicle without due regard for the rights, safety, well-being, and position of Plaintiff under the circumstances; (f) failing to lawfully stop at a traffic control device when other vehicles ahead of him were stopped; (g) failing to bring his vehicle to a stop safely behind the Plaintiff's vehicle, which was lawfully stopped on the roadway; (h) failing to operate his vehicle at a safe rate of speed under the circumstances; (i) violating Pennsylvania's Clear Distance Ahead Rule; G) negligently operating a cellular phone while operating a motor vehicle; and (k) negligently driving at an unsafe speed. WHEREFORE, Plaintiff, Doris Temp demands judgment against Defendant, Michael Farnan, in an amount in excess of FIFTY-THOUSAND DOLLARS ($50,000.00), together with interest and costs thereon as allowed by law. 8 Docket: Dated: lDIz.:;-lo~ I Respectful! y submitted, R. J. Marze Associates, P.c. / 9 Docket: VERIFICATION I, Doris Temp, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: IO-..2/-tl6 0.........(."", Doris Temp - .. /" 4"1'l f ) (-., ~ , ~. ~ ,-"", :-::-1 ~ ~ 1-\ (3 ( :".; - - l<.. \Y .., -.:J. 0 '^ '.., 0 V'. U'" '" - , \ '" '2J C. \ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS E. TEMP, v, DOCKET NO,: 05-5567 CIVIL ACTION-LAW MICHAEL ANTHONY FARNAN, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Michael Anthony Farnan, with respect to the above-referenced matter. MARSHALL, DENNEHEY , WARNER, COLEMAN & GOGGIN DATE: Id.-- ~-O~ BY: DO L. CARMELITE, ESQUIRE I.D, No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3504 Attorney for Defendant Michael Anthony Farnan .- CERTIFICATE OF SERVICE I, Susan M, Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~th day of December, 2005, I served a true and correct copy of the Entry of Appearance via U.S, first-class mail, postage pre-paid, as follows: Charles W, Marsar, Jr., Esquire R. J. MARZELLA & ASSOCIATES, p,c. 3513 North Front Street Harrisburg, P A 17110 ~/~/ 0'~:~') SUSAN M. WILLIAMS 'J j...... n." SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TEMP DORIS E VS FARNAN MICHAEL ANTHONY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FARNAN MICHAEL ANTHONY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS On December 5th, 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage So answers,,, 18.00 9.00 10.00 46.28 .74 84.02 12/05/2005 RJ MARZELLA ,~:/' f"" ^ - /~- :,-;:~;~"';.,--/ ..-,'{~ c~: R. Thomas Kline Sheriff of Cumberland County & ASSOCIATES Sworn and subscribed to before me this ')'~ day of A..1u~ ~~7J~A'D' . Pro at ry /...... /' '\/' I, ) ~ 0 '1 \:- '';; IIII~; , COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 4S N, GEORGE ST" YORK, PA 17401 SHERIFF SERYICE PROCESS RECEIPT and AFFIDAYIT OF RETURN INSTRUCTIONS PLEASE TYPE ON. Y LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/Sf IXlris E. TEmp 2 CQURT NUMBER 05-5567 civil 4. TYPE OF WRIT OR COMPLAINT Complaint, Interrogatories, 3 DEFENDANT/51 Michael Anthony Farnan b AT 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETG TO SERVE OR DESCRIPTION OF PRO RTY TO BE LEVIED. ATTACHED. OR SOLD Michael Anthony Farnan 6 ADDRESS (STREET OR RFO VV1TH BOX NUMBER, APT NO. CITY, BORD, T'WP STATE AND ZIP CODE) 127 Ridge Drive Dillsburg, PA 17019 o PERSONAL 0 PERSON IN CHARGE ... DEPUTIZE Cl..mqfigi='Y~l Ll1 S1 CLASS MAil U POSTED !..J OTHER NovEmber 9 , 20~ I, SHERIFF OF ,...,COUNTY. PA, do hereby depultze the sheriff of Vnrk . COUNTY to execute thi 'f'f'iake re!urn ~.'accord,"g This deputization being made at the request and risk of the plaintiff ~ ~< ,/':.... ~ , SHERifF OF OUNTY { SERVE .. 7 INDICATE SERVICE NOW to law, 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT \NlLl ASSIST IN EXPEDITING SERVICE ap.lease mai~ return of ~ 0." 1-' NOTE: ONLY APPLICABLE ON WRIT 0 EXE ION: .8. WAIVER OF WATCHMAN. Any deputy shenff levying upon Of attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, WIthout liability on the part of such deputy or the sheriff to any plaintiff herein lot' any loss. destrudion. or removal of any property before sheriffs sale thereof PE NAME and ADDRESS 01 ATTORNEY I ORIGINATOR and SIGNATURE to Cumberland County Sheriff. Cumberland "l'-+ uP C "u n +:- C<~k,\",,<~ ThanR yOU. 13 I acknowledge receipt of the writ or complaint as indicated above , 353 JJFro ::;L;y;:::;rz;, (':S~\col' r~tice ..10 be ma,led) SPACE BELOW FOR USE OF TIE SHERFF - 00 NOr WRITE BELOW TIIS lINE Q Q h,r)1y\\ "lr--i~fZS 10, TElEPHONE NUMBER a3~- 7 11 DATE FILED I 0-). 7~- 16 HOW SERVED PERSONAL v4 RESIDENCE IXJ POSTED ( ) POE( SHERIFF'S OFFICE ( ) OTHER ( ) 15 Erl~2L;:cb SEE REMARKS BElOW Int 22_ REMARKS :5}J \; 23 22i-JL NOTARIAL SEAL It. Y;.(NOTA Y LISA L BOWMAN, NOTARY PUBLIC CITY OF YORK. YORK COUNTY MY COMMISS:ON EXPIRESAUG, 12. 2009 Dep She,'O -itd?3 46 S,gnalureOfYorkflVJlfCd l~ / /, -"1. zLt.;.,/, i.c=--.. .'f ,,~ou,:,tyShenlf .,/,_ ' [..'(', '~, Iv ~,LL!-,1-hL>l Ll ih/ji~,;; ~)tu~f.l..l2' _P>~L. 48 Signature of Foreign County Shenff , '/' '/ ,- .iJ... L.L 0,) 49 DATE c.n I Ar.......rluut t:nr::t: ut:rt:IDT nc TuC CUCOII:C'C OCT' '0'" C',.....'AT"Or: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS E, TEMP, v, DOCKET NO,: 05-5567 CIVIL ACTION-LAW MICHAEL ANTHONY FARNAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Doris E. Temp, Plaintiff c/o Charles W, Marsar, Jr., Esquire R, 1. MARZELLA & ASSOCIATES, p,c. 3513 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ,~- ~\- O~ BY: _ D ALD L. CARMELITE, ESQUIRE LD. No, 84730 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3504 Attorney for Defendant Michael Anthony Farnan DORIS E. TEMP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, DOCKET NO,: 05-5567 CIVIL ACTION-LA W MICHAEL ANTHONY FARNAN, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, MICHAEL ANTHONY FARNAN, TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Michael Anthony Farnan, by and through his counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs Complaint and in support thereof states as follows: Parties to the Action I, Admitted in part; denied in part. It is admitted that Plaintiff is who she says she lS, All remaining allegations are denied and strict proof thereof is demanded at the time of triaL 2, Admitted in part; denied in part, It is admitted that Michael Anthony Farnan is a Defendant. The remaining averments set forth in this Paragraph are denied in accordance with Pa.R,C.P,1029(e), Summary of Causes of Action 3. Denied, After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the avennents are denied in accordance with Pa,R,C.P, I 029( c) and strict proof thereof is demanded at the time of trial. 4, Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient infonnation to fonn a belief as to the truth and veracity of the avennents set forth in this Paragraph and, as such, the avennents are denied in accordance with Pa,R,C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 5, Denied, After reasonable investigation and inquiry, Answering Defendant is without sufficient infonnation to form a belief as to the truth and veracity of the avennents set forth in this Paragraph and, as such, the avennents are denied in accordance with Pa,R,C.P. I 029( c) and strict proof thereof is demanded at the time of trial. 6. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient infonnation to fonn a belief as to the truth and veracity of the avennents set forth in this Paragraph and, as such, the avennents are denied in accordance with Pa,R,C.P, I 029( c) and strict proof thereof is demanded at the time of trial. 7. Denied, After reasonable investigation and inquiry, Answering Defendant is without sufficient infonnation to fonn a belief as to the truth and v,eracity of the avennents set forth in this Paragraph and, as such, the avennents are denied in accordance with Pa,R.C.P, 1 029(c) and strict proof thereof is demanded at the time of trial. 8, Denied, The avennents set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the avennents set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 2 9, Denied, The averments set forth in this Paragraph constitute conclusions ofJaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,RC.P. 1029(e), 10, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the avemlents set forth in this Paragraph are denied in accordance with Pa.R,C.P, I029(e), II, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. I029(e), 12. Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 13, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R,C.P, 1029(e). 14, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 15. Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.RC.P. 1029(e). 3 16. Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e), 17. Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required. the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P, 1029(e), 18, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P, 1029(e), 19. Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.C.P. 1029(e), 20, Denied, The avem1ents set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.C.P. 1029(e), 21. Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P, 1029(e), 22, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P, 1029(e), 4 23, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. I029(e), 24, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P, I029(e). 25, Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P, I029(e), 26. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,RC.P. 1029(e), 27, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. I029(e), 28, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. I029(e), 29, Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P, 1029(e). 5 30, Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the avennents set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e). 31, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 32. Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 33, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.KC.P, 1029(e). 34, Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. I 029( e), 35. Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 36, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P, 1029(e), 6 37. Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.c.P, 1 029( e). 38, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.c.P, 1029(e), 39, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R,C.P, 1029(e), 40, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P, l029(e). 41. Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.c.p, 1029(e), 42. Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed requircd, the averments set forth in this Paragraph are denied in accordance with Pa.R.c.P, 1029(e). 43, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. l029(e), 7 44, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.c.P, 1029(e). 45, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.c.p, 1 029( e). 46, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.c.p. 1029(e), 47. Denied. The averments set forth in this Paragraph c:onstitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P. 1029(e), 48, Denied, The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R,C.P, 1029(e). 49, Denied. The averments set forth in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.C.P. 1029(e), 50, Denied, The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required, To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R,C.P, 1029(e). 8 COUNT I DORIS TEMP V. ANTHONY MICHAEL FARNAN 51, Defendant incorporates by reference his responses to Paragraphs I-50 of Plaintiff's Complaint as though set forth at length herein, 52,(a) - (k), Denied. The avennents set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa,R.C.P, 1029(e), WHEREFORE, Defendant, Michael Anthony Farnan, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate, NEW MATTER 53. Plaintiffs claims are barred by the applicable statuh~ of limitations, 54. Plaintiff has failed to state a cause of action upon which relief can be granted. 55. Plaintiffs claims are barred and/or limited by all applicable provisions ofthe Pennsylvania Motor Vehicle Financial Responsibility Law, 56, No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 57, Any and all injuries and or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of controL 9 58. Plaintiffs claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 59. Plaintiffs claims are derivative in nature and are barred as a matter of law, 60, Defendant breached no duty of care owed to Plaintiff under the circumstances, 61. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 62, Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 63. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 64. Plaintiffs claims are barred by the defenses listed in Pa,R.C.P. 1030 as discovery may demonstrate. 65, Plaintiff' claims are barred by the sudden emergency doctrine, WHEREFORE, Defendant, Michael Anthony Farnan, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: l.t - ~ I - 0 r BY: !lO- DONALD L. CARMELITE, ESQUIRE LD, No, 84730 4200 Cmms Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3504 Attorney for Defendant Michael Anthony Farnan VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon infonnation which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own, I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based llpon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification, The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: ~~/J g~ MICHAE . FARNAN DATE: /J(I/,!D) CERTIFICATE OF SERVICE I, Susan M, Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~a~ay of December, 2005, I served a true and correct copy of the Answer with New Matter of Defendant, Michael Anthony Farnan, to Plaintiffs Complaint via U.S, first-class mail, postage pre-paid, as follows: Charles W. Marsar, Jr., Esquire R, J, MARZELLA & ASSOCIATES, p,c. 3513 North Front Street Harrisburg, PAl 711 0 2WLM .l}~){~ SUSAN M, WILLIAMS (") ..... ~ C:::';:O ~; c:::, ;;:'.." 0 :;:J ~J rl-, f"r1 C-' ,-1\ !,-,' ,-_OJ ....J 1 (.- ~ ~-r-. ~.~,.. ,","1 C..) " .~:"~ \'.-.) :-.~) - DORIS E, TEMP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 05-5567 CIVIL ACTION-LAW MICHAEL ANTHONY FARNAN, Defendant JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Michael Anthony Farnan, served Interrogatories and Request for Production of Documents addressed to Plaintiff, Doris E, Temp, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the ad-. ~ay of December, 2005, MARSHALL, DENNE HEY, WARNER, COLEMAN & GGIN DATE: 10-- ~~ -cx BY: DO LD L. CARMEL! 1.0, No, 84730 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3504 Attorney for Defendant. Michael Anthony Farnan CERTIFICATE OF SERVICE I, Susan M, Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this aQ.rt~ay of December, 2005, I served a true and correct copy of the Notice of Serving Discovery via V.S, first-class mail, postage pre-paid, as follows: Charles W. Marsar, Jr., Esquire R, J. MARZELLA & ASSOCIATES, p,c. 3513 North Front Street Harrisburg,PA 17110 ~ \. . ~J N. OJ4i<<fL\ SUSAN M. WILLIAMS ...., c::_., ,',-::.;-' ,",.n r::::J r,j n 1',) c.J o -n N &:) R.J. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court J.D. No. 86072 3513 North Front Street Harrisburg, PA 1711 0 E-Mail: cmarsar@rjmarzella.com Telephone: (717) 234-7828 Facsimile: 1717l 234-6883 Attorneys for Plaintiff Doris Temp IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA DORIS E. TEMP Plaintiff Docket No.: CivilLaw IJ.ooY--f;5&1- c,..i v. MICHAEL ANTHONY FARNAN Defendant JURY TRIAL DEMANDED PlAINTIFF'S RESPONSE TO THE NEW MAllER OF DEFENDANT FARNAN 53. Denied. It is specifically denied that Plaintiff's claims are barred by the applicable statute oflimitations. 54. Denied. It is specifically denied that Plaintiff has failed to state a cause of action upon which relief can be granted. 55. Denied. It is specifically denied that Plaintiff's claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 56. Denied. It is specifically denied that no act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiff's injuries and/or damages. 57. Denied. It is specifically denied that any and all injuries and/or damages as described by Plaintiff in her Complaint were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 58. Denied. It is specifically denied that Plaintiff's claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 59. Denied. It is specifically denied that Plaintiff's claims are derivative in nature and are barred as a matter oflaw. 60. Denied. It is specifically denied that Defendant breached no duty of care owed to Plaintiff under the circumstances. 61. Denied. It is specifically denied that Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 62. Denied. It is specifically denied that Plaintiff's claims are barred and/or limited by the applicable provisions of the Pennsylvania Workers' Compensation Act. 63. Denied. It is specifically denied that at all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 64. Denied. It is specifically denied that Plaintiff's claims are barred by the defenses listed in Pa.R.C.P. 1030. 65. Denied. It is specifically denied that Plaintiff's claims are barred by the sudden emergency doctrine. WHEREFORE, Plaintiff requests judgment in her favor and against the Defendant including interest, costs and fees, and other relief deemed appropriate by this Honorable Court. R. J. Marzella & Associates, P.c. B: ~a r.~ Attorney Identification Dated: \.L I~ 0': CERTIFICATE OF SERVICE I, Tammy McNamee, hereby certifY that true and correct copies of the foregoing documents were served upon all counsel of record this 28th day of December, 2005, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 R. J. MARZELlA & ASSOCIATES, P.c. (10~1 By: ___-~ Tammy McNamee <--, t::';, ~.:",:) ('.:r' () .1 L_ I 0) c":") 12225049 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DORIS E. TEMP PLAINTIFF/S COURT OF COMMON PLEAS VS. MICHAEL ANTHONY FARNAN NO. 05-5567 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 1/16/06 D D L. CARMELITE, ESQ. ATTORNEY FOR DEFENDANT N 12225049 12/25/06 cnKJNWEI\LTH OF PrnNSYLVANIA <XJUm'Y OF C1lMBERU\ND DORIS E. TEMP Court of Common Pleas 05-5567 VB. . Fi le No. MICHAEL ANTHONY FARNAN SUBPOENA TO PRClCllX:E DCX:U1ENTS OR THI NGS FOR 0 I SOO'IERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. MARK A. LIPPI, D.C. CENTER CITY CHIROPRACTIC TO: 146 STRAWBERRY SQ. HARRISBURG PA 17101 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonab le cost of preparing the copies or producing the things sought. \ If you fail to produce the docunents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir;g you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1liE FOLlCWING PERSON: DONALD L. CARMELITE, ESQ. NAI'E : ADDRESS: FOR INFORMATION: (215) 241-5858 TElEPH:lNE: SU'RB'E ccurr 10 II ATTORNEY FOR: DEFENDANT DATE: /} - ;2q - tJ0 Sea 1 of the Court ISSED ON: 1/27/06 BY TIE axm, tt~ Prothonotary/Ol , y, Oi ision Deputy (Eff. 7/97) N 12225049 12/25/06 cnKJNWEI\LTH OF PrnNSYLVANIA <XJUm'Y OF C1lMBERU\ND DORIS E. TEMP Court of Common Pleas 05-5567 vs. Fi le No. MICHAEL ANTHONY FARNAN TO: SUBPOENA TO PRClCllX:E DCX:U1ENTS OR THI NGS FOR 0 I SOO'IERY PURSUANT TO RULE 4009.22 g~ST~~~ygFM:H~~~~~~.g~ SUSQUEHANNA INTERNAL MEDICINE 890 POPLAR CHURCH RD. S-508 CAMP HILL PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produce the following docunents or things: at O OHN F KENNEDY BLVD., S-300, PHILADELPHIA, PA. RECORD COPY SERVICES, 188 J . (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpJiance, to the party making this request at the addrE'.ss listed above. You have the right to seek in advance the reasonab le cost of preparing the copies or producing the things sought. , If you fail to produce the docunents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir,g you to carply with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF l1-IE FOLlCW I NG PERSON: DONALD L. CARMELITE, ESQ. NAI'E : ADDRESS : FOR INFORMATION: (215) 241-585B TElEPH:lNE: SU"RB'E ccurr ATTORNEY FOR: 10 # DEFENDANT DATE: / J- L5f - 0,) Seal of the Court ISSUED ON: 1{27/06 OY_~T'{{ ..~ proth0r6t~ Civi Division Deputy (Eff. 7/97) N 12225049 12/25/06 cnKJNWEI\LTH OF PrnNSYLVANIA <XJUm'Y OF C1lMBERU\ND DORIS E. TEMP Court of Common Pleas 05-5567 vs. File No. MICHAEL ANTHONY FARNAN TO: SUBPOENA TO PRClCllX:E DCX:U1ENTS OR THI NGS FOR 0 I SOO'IERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. STUART A. HARTMAN, D.O. HARTMAN REHABILITATION ASSOC. 2501 N. 3RD ST. S-3RD FLOOR LANDIS BUILDING HAKKlbtlUKG ~A 1/110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, 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. , I f you fai I to produce the docunents or things required by this subpoen'i within twel1ty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir:g you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1liE FOLLCWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPRB'E lXUlT 10 # ATTORNEY FOR: DEFENDANT BY THE cx::un: Division DATE: J ) - ;Jq/ fJ,) Sea 1 of the O:>urt ISSUED ON: 1/27/06 Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA 12225049 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . \ 12-22-2005 17:~3 From-MARSHALL DENNE HEY +717m1849 T-m P.005/005 F-723 PAGE 4 OF 4 Instructions; Any and. all medical records, including, but not limited to, chiropractic records, physical therapy records, rehab records, lab reports, reports regarding x-rays, MRls, CT scans, or other diagnostic testing performed, together with all medic:al reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 12225049 12/25/06 cnKJNWEI\LTH OF PlliNSYLVANIA <XJUm'Y OF C1lMBERU\ND DORIS E. TEMP Court of Common Pleas 05--5567 vs. Fi le No. MICHAEL ANTHONY FARNAN TO: SUBPOENA TO PRClCllX:E ocx:::t.tENTS OR THI NGS FOR 0 I SOO'IERY PURSUANT TO RULE 4009.22 ~~~~gl~H~IL~~EH~~~~~ ~i POLYCLINIC PHYSICAL THERAPY DEPARTMENT 2601 N. THIRD ST. HARRISBURG PA 17110 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDt1M produce the following docunents or things: at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. \ If you fail to produce the doctrnents or things required by this subpoen"i within twel1ty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPell ir:g you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1liE FOLLCWING PERSON: DONALD L. CARMELITE, ESQ. NAI'E : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RB'E ccun 10 II ATTORNEY FOR: DEFENDANT BY 1HE CQJRT: lYision DATE: I ~ - d-:r - tffj- Seal of the Court ISSUED ON: 1/27/06 Deputy (Eff. 7/97) N 12225049 12/~5/06 ~TH OF PEmlSYLW\NIA <XlUNI'i' OF QJMBERL!IND DORIS E. TEMP Court of Common Pleas 05-5567 vs. File No. MICHAEL ANTHONY FARNAN SUBPOENA TO PROf:lIXE DCX:l..tENTS OR THI NGS FOR 0 I SOO'IERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. MALIK MOMIN, M.D. SUSQUEHANNA VALLEY PAIN MANAGEMENT 2025 TEHCNOLOGY PKWY. S-201 MECHANICSBURG PA 17050 (N!I1le of Person or Entity) TO: within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 1 lowing doa.rnents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mai 1 legible copies of the docunents or produce things requested by this subpoena, together with the certificate of corp 1 iance, to the party mak ing this request at the addr~.ss listed above. You have the right to seek in advance the reasonab I e cost of preparing the copies or producing the things sought. , If you fail to produce the docunents or things required by this subpoen'l within twent.y (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir;g you to ccrrply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST Of THE FOLLCW I NG PERSON: DONALD L. CARMELITE, ESQ. NAI'E : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RB'E OOJRT 10 # ATTORNEY FOR :DEFENDANT BY 1HE roJRT: DATE: I 2~ ,)(l~ bY Seal of the Court ISSUED ON: 1/27/06 Proth600tary!Cler ivision - Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA 12225049 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773). lZ-ZZ-Z0QP IT:!3 . From-MARSHALL DENNE HEY +71 mm49 T-653 PODS/ODS F-TZ3 . . PAGE 4 OF 4 Instructions: Any and. all medical records, including, but not limited to, chiropractic records, physical therapy records, rehab records, lab reports, reports regarding x-rays, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 12225049 12/25/06 ~TH OF pmN$YLVANIA CXXJm"{ OF aJMBrnIAND DORIS E. TEMP Court of Common Pleas 05-5567 VB.... File No. MICHAEL ANTHONY FARNAN SUBPOENA TO PRClCllX:E rxx::l.t'ENTS OR THI NGS FOR 0 I SOOVERY PURSUANT TO RUlE 4009.22 CUSTODIAN OF THE RECORDS OF DR. MORTON L. RUBIN, M.D. 2025 TECHNOLOGY PKWY. S-109 TO: MECHANICSBURG PA 17050 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 1 lowing docunents or things: SEE ATTACHED ADDENDUM at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addre.ss li sted above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. \ I f you fai I to produce the doct..rnents or things required by this subpoenll within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir;g you to carply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF 1rlE FOLlOo'lI NG PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: FOR INFORMATION: (215) 241-5858 TELEPH:lNE: SU'REl'E o::o<r A rrORNEY FOR: 10 # DEFENDANT BY ll-lE CCURT: DATE: I J -.Jf - oS" Seal of the Court ISSUED ON: 1/27/06 Prot Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SuBPOENA 12225049 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . N 12225049 12/25/06 roMJNWEl',LTH OF PrnNSYLVANIA cnJNI'Y OF 0lMlIDllAND DORIS E. TEMP Court of Common Pleas 05-5567 vs. Fi le No. MICHAEL ANTHONY FARNAN SUBPOENA TO PR<XXX:E OOCl..tENTS OR THI NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF TRISTAN ASSOCIATES 4518 UNION DEPOSIT RD. TO: HARRISBURG PA 17111 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COpy SERVICES, 18BO JOHN F. KENNEDY BLVD., S-300, PHII.ADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addre.5s listed above. You have the right to seek in advance the reasonab Ie ccst of preparing the copies or producing the things sought. \ If you fail to produce the docunents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPelling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1liE FOLlCWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RB'E CCWT 10 II ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: / J.- - .J-f - ff-- Seal of the Cour ISSUED ON: 1/27/06 Prot Deputy (Eff. 7/97) N 12225049 lZ!25/06 ~TH OF PENNSYLVANIA <XJUm'Y OF aJMBERL/\ND DORIS E. TEMP Court of Common Pleas 05-5567 vs. Fi le No. MICHAEL ANTHONY FARNAN SUBPOENA TO PRClCllX:E DCX:U1ENTS OR THI NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009. 22 CUSTODIAN OF THE RECORDS OF MAGNETIC IMAGING CENTER 4665 E. TRINDLE RD. TO: MECHANICSBURG PA 17055-3640 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carp 1 iance, to the party mak ing this request at the address listed above. You have the right to seek in advance the reasonab le cost of preparing the copies or producing the things sought. , I f you fai r to produce the docunents or things required by this subpoen"i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir;g you to carply with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF 1liE FOLlCW I NG PERSON: DONALD L. CARMELITE, ESQ. NAI'E : ADDRESS: FOR INFORMATION: (215) 241-5858 TElEPH:lNE: SU'RB'E ccurr 10 # ATTORNEY FOR: DEFENDANT BY nE CCUlT: civi I Di ision DATE: 1)- ,)f-fl.) Seal of the Court ISSUED ON: 1/27/06 Prot Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA 12225049 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 1Z-ZZ-ZDD5 17:33 From-MARSHALL DENNEHEY +nmZ1849 H63 PODS/DDS F-m PAGE 4 OF 4 Instructions: Any and. all medical records, including, but not limited to, chiropractic records, physical therapy records, rehab records, lab reports, reports regarding x-rays, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 12225049 12/25/06 cnMJNWEI\LTH OF PrnNSYLVANIA <XJUm'Y OF aJMBERIAND DORIS E. TEMP Court of Common Pleas 05-5567 vs. Fi le No. MICHAEL ANTHONY FARNAN SUBPOENA TO PRClCllX:E DCX:U1EIfTS OR TH I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT HOLY SPIRIT HOSPITAL RADIOLOGY & DIAGNOSTIC IMAGING TO: 503 N. 21ST ST. CAMP HILL FA 17011 (N!I1le of Person or Ent ity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follOWing docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addr('-ss I isted above. You have the right to seek in advance the reasonab le cost of preparing the copies or producing the things sought. , I f you fai I to produce the docunents or things required by this subpoen'i within twel1ty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir:g you to carply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF l1-IE FOLlCW I NG PERSON: DONALD L. CARMELITE, ESQ. NA/'E : AOORESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlJ'RB'E cctlRT I D II ATTORNEY FOR: DEFENDANT BY THE caJRT: Division DATE: I J~ .ur--oJ Sea 1 of the Court ISSUED ON: 1/27/06 Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA 12225049 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ;;/Jlf~ay of January, 2006, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 via U.S. first-class mail, postage pre-paid, as follows: Charles W. Marsar, Jr., Esquire R. J. MARZELLA & ASSOCIATES, P.c. 3513 North Front Street Harrisburg, PA 17110 Q~ ft, IYJJUOC1WU SUSAN M. WILLIAMS .-, -) "n ----- . 03106013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DORIS E. TEMP PLAINTIFF/S COURT OF COMMON PLEAS VS. MICHAEL ANTHONY FARNAN NO. 05-5567 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT 11) 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE, 4/10/06 ALD L. CARMELITE, ESQ. ATTORNEY FOR DEFENDANT 21237-00286 COMMONWEALTH OF'PENNSYLVANIA COUNTY OF CUI1BERLAND 03106013 ,12/25/06 DORIS E. TEMP PLAINTIFF/S COURT OF COMMON PLEAS VS. MICHAEL ANTHONY FARNAN NO. 05-5567 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: CHARLES M. MARSAR, ESQ. R.J. MARZELLA & ASSOCIATES, P.C. 3513 N. FRONT ST. HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. RUBIN ORTHOPAEDIC SURGERY, LTD. PHYSICIANS OF REHABILITATION INDUSTRIAL & SPINE MEDICINE P.C. PINNACLE HEALTH MRI SERVICES PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE INC. HEALTHSOUTH REHABILITATION HOSPITAL MECHANICSBURG COMMONWEALTH OF PENNSYLVANIA BUREAU OF ADMINISTRATIVE SERVICES DATE: 3/13/06 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 03106013 12/25/P6 , . cnMJNWE1ILTH OF PENNSYLVANIA <XJUm'Y OF QJMBERLI\N[) DORIS E. TEMP Court of Common Pleas 05-5567 vs. File No. MICHAEL ANTHONY FARNAN TO: SUBPOENA TO PRClCllX:E DCX:U1ENTS OR THI NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF RUBIN ORTHOPAEDIC SURGERY~ LTD. 2025 TECHNOLOGY PARKWAY 5-109 MECHANICSBURG PA 17u50 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addr~.ss 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 docunents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir:g you to =rply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLlCWING PERSON: NAI'E: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RB'E ccurr 10 << ATTORNEY FOR:DEFENDANT DATE: 3 - 4;~-6~ Sea I of e Coufot BY n-e OOJR~: K . ~JA/U~ ,~ Prothono~y./Clerk Civil ~L I.J }14A1,T; Oivision Deputy (Eff. 7/97) NO. 05 -5567 ADDENDUM TO SUBPOENA DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 03106013 12/25/06 Dl-10-2006 10:02 from-MARSHALL DENNEHEY +717ZlZIS49 T-624 P.OOl/OOl F-620 PAGE 2 OF 2 Instructions: Any and all medical records, including, but not limited to, physical therapy records, rehab records, surgical records, lab reports, reports regarding x- rays, MRls) CT scans, or other diagnostic testing performed, together with all medical reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 03106013 .12/25/.06 cnKJNWEI\LTH OF PmNSYLVANIA <XJUm'Y OF aJMBERIAND DORIS E. TEMP Court of Common Pleas 05-5567 vs. File No. MICHAEL ANTHONY FARNAN TO: SUBPOENA TO PRClCllX:E DCX:U1ENTS OR THI NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF C PHYSICIANS OF REHABILITATION INDUSTRIAL & SPINE MEDICINE P. . 175 LAN8ASTER BLVD. P.O. BOX 2028 MECHANI SBURG fA l/U.JS (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 1 lowing docunents or things: SEE ATTACHED ADDENDUM at RRr.ORn COpy SERVICES. 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the address li sted above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. \ I f you fai 1 to produce the doctrnents or things required by this subpoenll within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir:g you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLlCWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RB'E OOJRT I D # ATTORNEY FOR: DEFENDANT DATE: 3 - 15 - U~ seal of the Court BY THE ro.:T:/! (1hA7JA Prothonotar;y/ Division Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 03106013 12/25/06 N 03106013 12/25/06 ~ OF PrnNSYLVANIA <XJUm'Y OF C1lMBERU\ND DORIS E. TEMP VS. . File No. Court of Common Pleas 05-5567 MICHAEL ANTHONY FARNAN SUBPOENA TO PRClCllX:E OOCt.toENTS OR THI NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF PINNACLE HEALTH MRI SERVICES 111 S. FRONT ST. TO: HARRISBURG PA 17101 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RF.CORD COPY SERVICES. 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrE'.5s listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. \ I f you fa i1 to produce the docunents or th ings required by this subpoen~ within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir:g you to carply with it. TH I S SUBPOENA WAS I SSlJED AT THE REQUEST OF 1liE FOLlCW I NG PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: FOR INFORMATION: (215) 241-5858 TElEPH:lNE: SlA'RB'E ccurr A rrORNEY FOR: 10 << DEFENDANT DATE: 3- 15- ()(p Sea I of the Court BY l1-IE <::culT: C~R~ Prothonot ' y Cler , civi I Division Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 03106013 12/25/06 Ol-10-2006 10:02 From-MARSHALL DENNE HEY +717ZlZ1649 T-624 P.OOl/OOl F-620 PAGE20F2 Instructions: Any and all medical records, including, but not limited to, physical therapy records, rehab records, surgical records, lab reports, reports regarding x- rays, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 03106013 .12/25/.06 cnKJNWEI\LTH OF PrnNSYLVANIA <XJUm'Y OF C1lMBERU\ND DORIS E. TEMP Court of Common Pleas 05-5567 vs. File No. MICHAEL ANTHONY FARNAN SUBPOENA TO PRCOJCE DCX:U1ENTS OR THI NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE INC. TO: 4310 LONDONDERRY RD. HARRISBURG PA 17109 (N!I1le of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES. 1880 JOHN F . KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carp I iance, to the party mak ing this request at the address 1 isted above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. , If you fail to produce the docu:nents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPe llir:g you to carp ly with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLlOf/ I NG PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 Sf.A>RB'E c:curr I 0 # ATTORNEY FOR: DEFENDANT DATE: 1-- 15 - D" Sea I of the Court (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 03106013 12/25/06 Ol-10-2006 10:02 From-MARSHALL DENNEHEY +7172321849 T-624 P. DOl/DOl H20 PAGE20F2 Instructions: Any and all medical records, including, but not limited to, physical therapy records, rehab records, surgical records, lab reports, reports regarding x- rays, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 03106013 12/25/06 QHoONWEI\LTH OF PrnNSYLVANIA <XJUm'Y OF aJMBEm,AND DORIS E. TEMP vs. File No. Court of Common Pleas 05-5567 MICHAEL ANTHONY FARNAN SUBPOENA TO PRClCllX:E DCO..tENTS OR THI NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT HEALTHSOUTH REHABILITATION HOSPITAL MECHANICS BURG TO: ]75 LANCASTER BLVD. MECHANICSBURG PA 17055 (N!I1le of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RFr.ORn r.OPY ~F.RVICES. 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of co:rpliance, to the party making this request at the addr~.ss listed above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sought. , I f you fai I to produce the docunents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPellir;g you to co:rply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1liE FOLlCWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlA"RB'E a::ulT 10 # ATTORNEY FOR: DEFENDANT DATE: 1- 6- /)(p Seal of t.he Court BY 1rlE CXJURT: L:'~~~~~,." D'.1.,oo j~L - ),wJ~ / ! Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773). 03106013 l2/25/06 03-10-2006 10:02 From-MARSHALL DENNE HEY +7172321849 7-524 P.003/003 F-620 PAGE 2 OF 2 Instructions: Any and all medical records, including, but not limited to, physical therapy records, rehab records, surgical records, lab reports, reports regarding x. rays, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, notes, memoranda, correspondence and medical bills concerning Doris E. Temp. (No actual films need to produced at this time; however, we may require actual films at a later date.) N 03106013 . 12/2V06 <nM)NWEALTH OF pEl'lNSYLVANIA <XJUm'Y OF aJMBEmAND DORIS E. TEMP Court of Common Pleas 05-5567 VB. . File No. MICHAEL ANTHONY FARNAN SUBPOENA TO pROCJl.X:E OCC1J'ENTS OR THI NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 PERSONNEL DEPARTMENT COMMONWEALTH OF PENNSYLVANIA BUREAU OF ADMINISTRATIVE SERVICES STRAWBERRY S~UARE S-12TH FLOOR HARRISBUR(,; P 111<:8 (N!I1le of Person or Entity) TO: within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RRr.oRD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300. PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addre-.ss listed above. You have the right to seek in advance the reasona.b 1 e cost of preparing the copies or producing the things sought. , t f you fai I to produce the doctrnents or things required by this subpuen~ within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order =rPel1 ir;g you to carply with it. TH I S SUBPOENA WAS I SSUED AT THE REOOEST OF THE FOLlCW I NG PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: FOR INFORMATION: (215) 241-5858 TElEPH:lNE: SU'REr'E <XX.JRT ATTORNEY FOR: 10 1* DEFENDANT DATE: ~ - 1.7 - (it, Seal of the Court BY THE CCUlT: C,$ME:i1:~l1 Dfvl,;~ dc<-yo-// -, IV{ ~ Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 03106013 12/25/06 0.-10-2005 10:22 From-MARSHALL DENNE HEY +m2l21549 T-525 P.OO./OO. F-521 PAGE20F2 Instructions for emolovment records: Any and all employment information, including, but not limited to, Workers' Compensation documents, Application for Employment, W-2 statements, 1099 statements, other payroll records, records of performance evaluations, performance reviews, sicknesses or illnesses, records regarding any medical leaves of absence, disciplinary actions, correspondence, memoranda, handwritten notes, medical reports, medical bills and insurance records concerning Doris E. Temp. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this \,1-\''11 day of April, 2006, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 via U.S. first-class mail, postage pre-paid, as follows: Charles W. Marsar, Jr., Esquire R. J. MARZELLA & ASSOCIATES, P.C. 3513 North Pront Street Harrisburg, PA 17110 ~~.J~~~ SUSAN M. WILLIAMS --. ~ \ ., .A .'- , 07206040 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DORIS E. TEMP PLAINTIFF/S COURT OF COMMON PLEAS VS. MICHAEL ANTHONY FARNAN NO. 05-5567 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COpy OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 8/24/06 D L. CARM , ESQ. ATTORNEY FOR DEFENDANT 21237-00283 , 07206040 12/25/06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DORIS E. TEMP PLAINTIFF/S COURT OF COMMON PLEAS VS. MICHAEL ANTHONY FARNAN NO. 05-5567 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: CHARLES M. MARSAR, ESQ. R.J. MARZELLA & ASSOCIATES, P.C. 3513 N. FRONT ST. HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. ORTHOPEDIC & SPINE PHYSICAL THERAPY DR. JOHN R. FRANKENY, II, M.D. ORTHOPEDIC INSTITUTE OF PENNSYLVANIA DATE: 7/24/06 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT 07206040 12:/25/06 a:MQlWEAIJl'H OF PENNSYLVANIA COONr'l OF ClH3E[lIANO . DORIS E. TEMP Court of Common Pleas 05-5567 vs. F; le No. MICHAEL ANTHONY FARNAN SlEPOENA TO PR<XllX:E ooa.tENTS OR THI NGS FOR 0 I Sf>>IEff( ~SUANT TO RULE 4009.22 g~gg~iiWcoI ~~Nr~~~C~ THERAPY 850 WALNUT BOTTOM RD. 5-306 TO: CARLISLE PA 17013 (NlITte of Person or Ent;ty) Within twenty (20) days after service of th;s subpoena, you are ordered by the court to produce the following docunents or th;ngs: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce th;ngs requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrf'.ss Hsted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. \ I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena If'aY seek a court order =rPellir:g you to carply with it. THIS SUBPOENA WAS ISSUED AT l1-IE REQUEST OF l1-IE FOLlCWING PERSON: NA/'E: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SU'RB'E c:nJrr 10 # ATTORNEY FOR:DEFENDANT ..--. DATE: J (A.llL( 5' /.nl~ Sea 1 of tile COUrt ISSUED ON 8/24/06 Deputy (Eff. 7/97) NO. OS-SS67 ADDENDUM TO SUBPOENA 07206040 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . OJ-20-2006 16:S1 From-MARSHALL DENNEHEY + 7172121U9 Instructions: T-!4S P.OOl/OOp F-9ST PAGE 2 OF 2 Any and all medical records, including, but not limited to, physical therapy records, rehab records, surgical records, lab report~, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, i correspondence and medical bills concerning Doris E. Temp. " 07206040 12'/25/06 CCMOlWE2Wl'I:I OF PENNSYLVANIA <XJUm'Y OF 0JHBEm.AND DORIS E. TEMP Court of Common Pleas 05-5567 vs. Fi le No. MICHAEL ANTHONY FARNAN SUBPOENA TO PIlOOlX:E DOCl..toENTS OR THINGS FOR D I SOOVERY FUlSUANT TO RU..E 4009.22 CUSTODIAN OF THE RECORDS OF DR JOHN R FRANKENY, II, M. D. & GREGORY A. HANKS, M. D. TO: 3399 TRUNDLE RD. CAMP HILL PA 17011 (NlI'Ile of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of caTpliance, to the party making this request at the addrp.ss listed above. You have the right to seek in adv~ the reasonable cost of preparing the copies or producing the things sought. \ I f you fail to produce the docunents or things required by this Subpoen;L within twenty (20) days after its service, the party serving this subpoena /NlY seek a court order carPe 11 ir.g you to caTp ly with it. THI S SUBPOENA WAS I sstE) AT THE REQUEST OF 1l-E FOLlCW I NG PERSON: NA/'E: DONALD L. CARMELITE, ESQ. ADDRESS: TElEPH:lNE: FOR INFORMATION: (215) 241-5858 SlJ'RB'E CXlURT 10 # ATTORNEY FOR: DEFENDANT - DATE: -llLL~ 3(, )t)-O" Sea 1 of e Court ISSUED ON 8/24/06 Division Deputy (Eff. 7/97) NO. 05-5567 ADDENDUM TO SUBPOENA 07206040 12/25/06 DORIS E. TEMP VS. MICHAEL ANTHONY FARNAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVE., CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . OT-l0-2006 16 :aa From-MARSHALL DENNEHEY +m2621849 . Instructions: T-645 p.00a/001 F-95t PAGE 2 OF 2 Any and all medical records, including, but not limited to, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRls, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, i correspondence and medical bills concerning Doris E. Temp. . CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~~ day of August, 2006, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 via U.S. first-class mail, postage pre-paid, as follows; Charles W. Marsar, Jr., Esquire R. J. MARZELLA & ASSOCIATES, P.C. 35 I3 North Front Street Harrisburg, P A 17110 ~/M,.J~~~ SUSAN M. WILLIAMS q ~ ~ c "'" Z" ",-' -tJ\;{. "P' ::r...,-, L~ ~:.; L:, t;") {1'F:: , . ~d'rf" L~-~ (J;) -'\"10 - :~~~i ,!:) - t' -r,. ~-- -0 <i~ii ,{'. -;]J: ( 'y. {,::;C~ <-:? ",,:. :;!?" _..I c..:> :'l ..-( 0 .... R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 facsimile: (717) 234-6883 Attorneys for Doris E. Temp IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA DORIS E. TEMP Docket No.: 0 ~- Civil Law Plaintiff V. MICHAEL ANTHONY FARNAN Defendant JURY TRIAL DEMANDED ADMINSTRATIVE APPLICATION FOR A STATUS CONFERENCE 1. This is a case wherein Defendant's vehicle struck Plaintiffs vehicle from behind causing injury to Plaintiff, Doris Temp. This case involves one Defendant, various witnesses and expert witnesses. 2. The procedural history is as follows: Plaintiff, Doris Temp, commenced a civil action by the filing of a Complaint on or about October 27, 2005, in the Cumberland County Court of Common Pleas. 3. Discovery has been ongoing since 2005 when the suit was initiated. 4. However, additional discovery must be conducted to adequately prepare this case for trial. 5. This Court's intervention would greatly assist in the fOIWard movement of this case. .. 6. In order to expedite litigation of this case, Plaintiff requests a scheduling conference for purposes of setting deadlines for completion of discovery, production of expert reports, and a date certain for trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a Status Conference. Dated:~ .... CERTIFICATE OF SERVICE I, Dennis C Dougherty, hereby certifY that true and correct copIes of the foregoing documents were served upon all counsel of record this 20th day of October, 2006, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ORIGINAL R. J. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar,jr., Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Doris E. Temp IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA Plaintiff Docket No.: 05-5567 Civil Law DORIS E. TEMP V. MICHAEL ANTHONY FARNAN Defendant JURY TRIAL DEMANDED PLAINTIFF'S OBjECfION TO DEFENDANT'S SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 1. Defendant produced a Notice of Intent to Serve A Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 dated October 17, 2006. (See Notice attached hereto as Exhibit "1 "). 2. Defendant attached a subpoena directed to Plaintiffs automobile insurance carrier requesting any and all first party benefit records, including but not limited to all "investigative materials." (See Subpoena and Instructions attached hereto as Exhibit "2"). 3. Plaintiff objects to the disclosure of her own insurance carrier's file to the extent that it contains mental impressions, conclusions and/or opinions relating to the value, merit, or strategy of insurance adjuster(s) and/or investigator(s) assigned to her claim, all of which are not discoverable. 4. Pennsylvania Rule of Civil Procedure 4003.3 declares: "With respect to the representative of a party other than the party's attorney, discovery shall not include disclosure of his or her mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics." See, PaRCP 4003.3. 5. In addition, the Plaintiff objects to the disclosure of her own insurance carrier's file to the extent that it contains information that is unrelated to the claim at issue and therefore not reasonably calculated to lead to the disclosure of discoverable evidence. 6. Defendant also attached a subpoena directed to the law firm of Handler, Henning and Rosenberg requesting "any and all documentation pertaining to injuries and/or damages sustained by Doris E. Temp as a result of any and all automobile accidents that occurred or may have occurred from 1995 to the present...." (See Subpoena and Instructions attached hereto as Exhibit "3"). 7. Plaintiff objects to the disclosure of any and all files and/or documents in the possession of Handler, Henning and Rosenberg to the extent that they contain information that is privileged, by way of attorney-client privilege, work-product, or othelWise as set forth in Pennsylvania Rule of Civil Procedure 4003.3. 8. In addition, Plaintiff objects to the disclosure of any and all files and/or documents in the possession of Handler, Henning and Rosenberg to the extent that they may be confidential by way of settlement agreements or othelWise. 9. In addition, Plaintiff objects to the disclosure of any and all files and/or documents in the possession of Handler, Henning and Rosenberg to the extent that it contains information that is unrelated to the claim at issue and therefore not reasonably calculated to lead to the disclosure of discoverable evidence. Dated: {j, ~-"'ft:i-'1\r,"^'" ",!",,?,w.~-,p r ",'" ,; . IT-'''''' r--. l~~~ --'....r.'''''--''!!"' &~')b;f 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 10036008 11/27/06 TEMP PLAINTIFF/S COURT OF COMMON PLEAS VS. FAMAN NO. 05-5567 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: CHARLES M. MARSAR, ESQ. R.J. MARZELLA & ASSOCIATES, P.C. 3513 N. FRONT ST. HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. STATE FARM INSURANCE COMPANIES HANDLER, HENNING & ROSENBERG DATE: 10/17/06 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT 1 E:><kl hi + ;) - <DH)NWEALTH OF pmNSYLVANIA I CXXJNl"i OF aJMBEmAND PLAINTlFPS EXHIBIT 2. ::s N 10036008 12/25/06 " t TEMP Court of Common Pleas 05-5567 vs. Fi le No. F AMAN SUBPOENA TO PROCO:E IXXU'ENTS OR 1H I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 STATE FARM INSURANCE COMPANIES ONE STATE FARM DR. TO: P.O. BOX 41 CONCORDVILLE PA 19331-0041 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct.rnents or things: SEE ATTACHED ADDENDUM at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of ca1l>liance, to the party making this request at the addrE"ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. 1 I f you fai 1 to produce the doct.rnents or things required by this subpoen3. within twenty (20) days after its service, the party serving this subpoena way seek a court order carPe 11 i reg you to cc::rrp 1 y wi th it. THIS SUBPOENA WAS ISSUED AT lliE REQJEST OF 1liE FOLLONING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPREt'E c:x:un 10 # ATTORNEY FOR: DEFENDANT DATE: ~ / J- . J-o;x;, Se of the Court ISSUED ON: 11/07/06 BY ll-E caJRT: G~ K~? protz:rtarv/Clerk. c. ivi 1 ~. htA~ Division Deputy (Eff. 7/97) - ; 4 NO. 05-5567 ADDENDUM TO SUBPOENA TEMP VS. FAMAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 10036008 12/25/06 ~ Name: 8.5. No.: DOB: Present Address: Doris E. Temp 212.56.6773 8/26/48 1904 George Avenue Carlisle, PA 17013 Instructions for State Farm records: I\ny and all first party records in your possession including, but not limited to: photographs, medical records, reports and/or opinions, medical invoices and/or bills together with amounts paid, if any, by State Fann on behalf of Doris E. Temp, as well as copies of whatever recorded statements and/or other investigative materials that were created by or on behalf of State Farm relative to damages and/or injuries sustained by Doris E. Temp as a result of any and all automobile accidents that occurred or may have occurred since 1995 to the present. [:7:'~"!"'1l',:.',',~<A-~"~., ,- , 1 ," 1] "r~," '1" , ,,~ ~"~."" LXhlbif 3 . <XH{)NWEM,TH OF pENNSYLVANIA I <XXJNrY OF OJMBERI.AND PLAINTIFF'S EXHIBIT , t~ 10036008 12/25/06 ,JJ -.,. TEMP Court of Common Pleas 05-5567 vs. Fi le No. FAMAN SUBPOENA TO PROOUCE DOa.I'ENTS OR lH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD. TO: HARRISBURG PA 17110 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to SEE ATTACHED ADDENDUM produce the following documents or things: at RECORD COpy SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may del iver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrt"ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. I I f you fai 1 to produce the docunents or things required by this subpoen'l within twenty (20) days after its service, the party serving this subpoena rT'ay seek a court order ccnl>e 11 ing you to carp ly with it. TH I S SUBPOENA WAS I SSUED AT lHE REQUEST OF iHE FOLLQIII NG PERSON: DONALD L. CARMELITE, ESQ. NAl'E : ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SlPRB'E CXXJIT 10 # ATTORNEY FOR: DEFENDANT DATE: ~ IJ-..-) 0 tr" Sea 1 of the Court ISSUED ON: 11/07/06 BY 1tE CCURT: GudW f?~ ,,' Prothonotary., Cler~Civi 1 Division Deputy (Eff. 7/97) , '- f NO. 05-5567 ADDENDUM TO SUBPOENA TEMP VS. FAMAN SEE ATTACHED ADDENDUM PERTAINING TO DORIS E. TEMP (1904 GEORGE AVENUE, CARLISLE, PA, DOB 08/26/48, SSN 212-56-6773) . 10036008 12/25/06 * ~ r ~ Instructions for Handler~ Hennin!! and Rosenbere records: Any and all documentation pertaining to injuries and/or damages sustained by Doris E. Temp as a result of any and all automobile accidents that occurred or may have occUlTed from 1995 to the present, including but not limited to: (1) any and all pleadings filed of record; (2) copies of deposition transcripts and. where applicable, videotapes of depositions conducted concerning any panyand any and.all witnesses; (3) all written discovery exchanged between the parties including. but not limited to. Interrogatories and responses thereto, Request for Production of Documents and Things and responses thereto, Requests for Admission and responses thereto and all other wrinen discovery exchanged between the parties without limitations; (4) all non. privileged correspondence exchanged between counsel for the parties which is in your possession, custody and/or control and/or in the possession, custody and/or control of your counsel; (5) to the extent not addressed by one or more of the foregoing items, any and all documents and/or things obtained by you and/or your counsel and/or others acting on your behalf pursuant to any and all Subpoenas served upon any non-panies; (6) to the extent not covered by one or more of the foregoing items. any and all exhibits marked and/or used at the discovery depositions of any pany and/or any witness, together with any and all exhibits identified for potential use at trial; and (7) to the extent not covered by one or more of the foregoing items. any and all documents andlor things reflecting investigation performed by you and/or on your behalf including. but not limited to. investigation performed by your counsel concerning the defense in its entirety. " CERTIFICATE OF SERVICE I, Dennis C Dougherty, hereby certify that true and correct copies of the foregoing documents were seIVed upon all counsel of record this 30th day of October, 2006, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as-follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 . ,'. o ~; r-,:) c.;:;) ,:'::':'J t..:.J'" ~~ :~ [-:1 :0 I'" n r" ~-) I 1"'-.) Cl --rl (.~. .~.~["i~ ,.,. :n -< ,.) en -, -.. ty /11 COURT OF COMMON PLEAS CUMBERlAND COUNlY, PENNSYLVANIA Docket No.: C$"- sst,7 (~~L I~ Civil Law DORIS E. TEMP Plaintiff v. MICHAEL ANTHONY FARNAN Defendant JURY TRIAL DEMANDED ORDER It$. 5. ""I ~'e v d I 2-010 r AND NOW, upon consideration of an Administrative Application for a Status Conferen e, ~ d~7 a status conference is hereby scheduled for /:1011 . (0 , 2.QQ&;- beginning at ~-:J I/:/)!) o'clock A.M. in Court Room # I of the Cumberland County Co rt House. BY THE COURT: (/t4,ALt.. ;U IV- '7nt~ fl. Wy ~ r fJ-'~1 U' \ ~~d >f'~/0t- / att~ r ~t'4Lr ~-H--n......, ~A1 "" dh",/ II k/tJ~ tu..-uw/"""'--r ;//0 "7;-- /l:(Y J. S Z :0\ Hv L - lION gaOl l't \\i' (',' I: :,"~;:-\ :nJ1' In I\..\,.~......;~,,"~_ll.,:,,~./l~..'- ...JI' :.1......~ 3~);:\.j.).C:31\:l ~ ... DORIS E. TEMP, Plaintiff v. MICHAEL ANTHONY FARNAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-5567 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the attached letter from Charles W. Marsar, Jr., Esq., attorney for Plaintiff, the status conference previously scheduled for January 10,2006, is cancelled. J2harles W. Marsar, Jr., Esq. 3513 North Front Street Harrisburg, P A 17110 Attorney for Plaintiff ~nald L. Carmelite, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112-2899 Attorney for Defendant :rc BY THE COURT, ~ ViNV,Y1ASi\!N::!<:! ,UMlC/-1 :""};J'JlI'Jn:) 8 I : I Wd 0 I NVr LOill I WV' (\\1; ~~: i (""';'.)d :JHl ~IO Au 1~'11'-'! ,...v_ .~, .:J 3:J::1:'0-031!:I .. RJMARZELLA Fax:7172346883 Jan 9 2007 15:02 P.02 ARZELLA .I.. & ASSOCIATES Attorneys & Counselors At Law 3513 NORTH FRONT STREEt, HARRIS8VRG, PENNSYLVANIA 17110 717.234.7828 888.838.3426 717.234.6883 FAX January 9,2007 Via Facsimile The Honorable Judge Wesley Oler, Jr. One Courthouse Square Carlisle PA, 17013 RE: Doris E. Temp v. Michael Anthony Farnan To the Honorable Judge Oler, Jr.: A status conference had been scheduled for the above referenced case for January 10, 2007. The parties were able to come to an amicable solution and settle this matter outside of court. Therefore, it is our request that the status conference scheduled for January 10, 2007 be cancelled. If you have any questions or concerns please feel free to contact my office. Thank you for your time and consideration. Very truly yours, DeD Cc: Donald L. Carmelite., Esquire (Via Facsimile) DORIS E. TEMP, Plaintiff v. MICHAEL ANTHONY FARNAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-5567 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO SATISFY.. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SATISFIED, DISCONTINUED and ENDED with Prejudice. DATE:~ R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Attorney I.D. . 86072 3513 rth Front Street Harrisburg, PAl 711 0 (717) 234-7828 Attorney for Plaintiff, Doris E. Temp o ~. ~ c:;:J c::::> --.I """f"\ rn c:o , -J -\J ~'.I" -.:.::.~ ~ :::;:! -'":.:t-T'1 n,p: 4"'1.. m ~ ~ ~~~ ~~~ "i:l ~ ry (,..) ...0 CERTIFICATE OF SERVICE I, Dennis C Dougherty, hereby certify that true and correct copies of the foregoing documents were selVed upon all counsel of record this 1st day of February, 2007, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 R. J. MARZELLA & ~ 6 ......; ...,., rt"l CO l -.l -0 =~~ o -n --4 -r-n Rip':: -f1 w: '-{)Y .:?j ~~j\ L. -;1 ,~\~~ ""1'-.". '1:J :-<. r::: o