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HomeMy WebLinkAbout05-5993IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA No. _Q a l v L' 1..?? l Civil Action - (X) Law ( ) Equity LISA BOE:CKER 2455 ROSSTOWN ROAD WELLSVILLE, PA 17365 CHAD L. WELCOMER, SR. 7073 CARLISLE PIKE, LOT 97 CARLISLE, PA 17013 versus AND RACHEL BANEY 2455 ROSSTOWN ROAD WELLSVILLE, PA 17365 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. 2 Writ of Summons shall be issued and forwarded to ( ) Leslie D. Jacobson, Esquire 8150 Derry Street Harrisburg, PA 17111-5260 Date: 15 November 2005 (717) 909-5858 Name / Address / Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMES DEFENDANT(S): ( X ) Sheriff No. 52673 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS / HAVE COMMENCED AN ACTION AGAINST YOU. Date: /Doo. 1( 'I e(bs Deputy ( ) Check here if reverse is issued for additional information s ? Csa ? } IP ? A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05993 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELCOMER CHAD L SR VS BOECKER LISA ET R. Thomas K1 , 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 BOECKER LISA but was unable to locate Her in his bailiwick. to wit: He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 30th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 62.04 Postage .74 99.78 12/30/2005 LESLIE JACOBSON So answe-x:s- ti X i' G R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me i this day of q «-- yi. G Pro,?yr¢ ota SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05993 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELCOMER CHAD L SR VS BOECKER LISA ET AL 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 BANEY RACHEL to wit: but was unable to locate Her deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 30th , 2005 , this office was in receipt of the attached return from YORK -, Sheriff's Costs: So answers:,.- Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County nn 12/30/2005 LESLIE JACOBSON Sworn and subscribed to before me this day o A.D. Pro of y in his bailiwick. He therefore .4 COUNTY OF YORK -3 2 OFFICE OF THE SHERIFF S(1;' 7190;' 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ - - 2 COURT NUMBER Writ of Simmons SERE 5 NAME OFFC INDIVIDUAL, COMPANY CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD T.i Sit BflPKPr 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, SOHO. TWP. STATE AND ZIP CODE) AT 7. INDICATE SERVICE- U PERSONAL O PERSON IN CHARGE DEPUTIZE U CERT. MAIL U 1ST CLASS MAIL U POSTED J OTHER NOW November 20 1, SHERIF OUNTY, PA, do hereby deputize the sheriff of York COUNTY to executespj;;.Vyripjg make return ?•according to law. This deputization being made at the request and risk of the plaintiff. P SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. F n mlhprl and Please mail return of service to Cumberland County Sheriff. Thank you. - r -c Y IES i L) J'.GJ;OSON L-SQ NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is round 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 liters. destruction, or removal or any property before shent's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE I1? 4 y ,[' 10. TELEPHONE NUMBER 11 DATE FILED A,f ?i ?? 11 J[icU-,:1011 ":SQ 1-11111- 52 4,C) ;7...i -5() _i u 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed it notice is to be mailed) \,111 '. 1.1.11 iJ Cu c',-. E, 1r'r C.VU ivlOUof:. SQ DLP. _./'J.LJ L-A 13. t acknowledge receipt of the wrn 14. DATE RECEIVED 15. Expiration/Hearing Dale or complaint as indicated above. Lb { t f.-?i ;i %. lrv? 05 16. HOW SERVED. PERSONAL (L 1 RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE'{.? OTHER( ) SEE REMARKS BELOW 17 J.1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18 E AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20 Time of Senn -13-v f e).35 21. ATTEMPTS Dale Time Mlles Int Date Time Miles Int Da Time Miles Int. Dale Tane Miles Int Dale Time Miles Int Dale T Mll I Ij l?Z 3 (3/0 i,4S /> ?i?3> O . . ime es m. 22. REMARKS. ? nl? 23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27, Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot Cosl 33 Costs r Refund necckkJNo V , U. Foreign County Costs 35. Advance Costs 36. ServiceCosts 37 Notary Cert . 38. aeage/Posta grJNot FOu d 39 Total Costs 40. Costs Due or Refund 41. AFFIRMED and suDSaibeQ to before this S NSW ERs 42. day C0WCNyifE E-qj cF DeD gnSnereiRf 45/DATE/y _ UT ?- NOTARIAL SEAL 46. Signature of Yak i 47 DATE LISA L. BOWMAN, NOTARY PUBLIC County Sheriff =f1 ' CITY OF YORK, YORK COUNTY SJ L1,Lx._LI i9 i10 y.ui l?iP C :,v , 1L?__?p5 MY COMMISSION EXPIRESAUG. 12, 2009 48 Signature or Foreign 49 DATE County Sheriff Chad L. Welcomer Sr. Lisa Boecker et al OF AUTHORIZED ISSUING A AUTHOR15TH(.,ITY _..?.........?...... . ..............? I ?1. UAIh NEC61VED SU AND TITLE _ __ 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfl s ORKe F: \F[LES\DATAF[LE\Travelers3 090\CurTent\857\pra l \Mas ? Created: 9/20/04 0:06PM Revised: 1/2/07 10:48 AM 3090.857 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5993 CIVIL ACTION - LAW LISA BOECKER AND RACHEL BANEY, Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter and issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Defendants hereby demand a twelve juror jury trial in the above captioned action. Dated: January 2, 2007 MARTS Bye/ '-,61 George B. Fa r, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants OTTO rr RULE AND NOW, this (day of J!2.1 , 2007, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. 0,40'e Prothonotary ?y,? U. CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON DEARDORFF WILLIAMS & OTTO By Meli a A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 2, 2007 r r? ^'til ?? ?? ?_ 'i .?? 4.}? `i' .-+ Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorney for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 CHAD L. WELCOMER, SR. PLAINTIFF V. LISA BOECKER, AND RACHEL BANEY DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO.: 05-5993 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorney for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 CHAD L. WELCOMER, SR. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : CASE NO.: 05-5993 CIVIL TERM V. LISA BOECKER, AND RACHEL BANEY : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS AVISO USTED HA SIDO DEMANDADOA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que se usted falla de tomar accion como se describe anteriormente, el case puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dicado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTGED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorney for Plaintiff 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 CHAD L. WELCOMER, SR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CASE NO.: 05-5993 CIVIL TERM V. : LISA BOECKER, AND CIVIL ACTION - LAW RACHEL BANEY : JURY TRIAL DEMANDED DEFENDANTS COMPLAINT AND NOW COMES, Chad L. Welcomer, Sr., Plaintiff, by and through his attorneys the Law Offices of Leslie D. Jacobson, and hereby files the following Complaint and in support thereof states as follows: PARTIES 1. Plaintiff Chad L. Welcomer, Sr., is an adult individual residing at 7073 Carlisle Pike # 7, Carlisle, Pennsylvania 17013. 2. Defendant Lisa Boecker is an adult individual residing at 2455 Rosstown Road, Wellsville, Pennsylvania 17365 3. Defendant Rachel Baney is an adult individual residing at 2455 Rosstown Road, Wellsville, Pennsylvania 17365. FACTS 4. On or about November 28, 2003, Mr. Welcomer was a passenger in a 1990 Chrysler Fifth Avenue driven by his wife Amanda Welcomer. 1 5. Mrs. Welcomer was driving the Chrysler in a prudent and proper manner in the correct travel lane of a shopping center. 6. While driving through the shopping center, Mr. Welcomer and his wife were struck head on by a 1997 Honda ("Honda") driven by Defendant Baney. 7. The Honda was owned by Defendant Boecker. 8. At the time of incident Defendant Boecker had given Defendant Baney permission to drive the Honda. 9. Defendant Baney was driving to fast for the road conditions at the time of the incident. 10. Because Defendant Baney was driving to fast for conditions, she failed to keep proper control of her vehicle and stuck the vehicle occupied by Plaintiff. 11. As a direct result of the accident Mr. Welcomer suffered injuries to his neck, back, and shoulders, resulting in, but not limited to, back pain, and numbness. 12. These injuries have disabled him and may continue to disable him from attending to his daily and usual duties, as well as limiting his recreational activities; all of which has been, and continues to be, to his great damage and loss. 13. Defendant Baney and Defendant Boecker are jointly and severably liable for the injuries suffered by Mr. Welcomer. COUNT I - NEGLIGENCE 14. Paragraphs 1 through 13 are incorporated by reference as though fully set forth. 15. The Defendants had a duty to and failed to keep control of their vehicle at all times. 16. Defendant Baney breached that Duty by failing to keep proper control of the vehicle at the time of the incident including by not limited to: 2 a. Operating a vehicle which Defendant Baney knew, or, in exercise of reasonable care, should have known to slow down; and b. Failing to control the vehicle while turning into traffic to avoid striking the vehicle occupied by Mr. Welcomer; and C. Operating her vehicle without due regard to the rights, safety, and position of the Plaintiff; and d. Failing to have her vehicle under the proper control so as to prevent this collision; and e. Failing to notice the occupied vehicle of the Plaintiff; and f. Upon noticing the vehicle occupied by the Plaintiff, failing to slow down due to the wet road conditions; and g. Failing to take evasive action in order to avoid striking the vehicle occupied by the Plaintiff s vehicle. 17. As the direct and proximate result of Defendant's, negligence, Plaintiff suffered injuries to his neck, back, and shoulders, resulting in, but not limited to, back pain, and numbness 18. As a direct result of the Defendant's negligence, Plaintiff has had to endure great bodily pain and suffering, as well as depression and other disorders, to his great detriment and loss. 19. As a direct result of the Defendant's negligence, Plaintiff has sustained serious and permanent injury to his arms, legs, and back, which may require additional surgical procedures. 20. As a direct result of the Defendant's negligence, Plaintiff has suffered a permanent interruption of his daily habits to his detriment and loss. 21. As a direct result of Defendant's negligence, Plaintiff has suffered a loss of 3 earnings and/or earning capacity. 22. At all times material hereto, Plaintiff acted with due care and was not in any way negligent. 23. At all times material hereto, Mrs. Welcomer acted with due care and was not in any way negligent. 24. Plaintiff has been damaged in an amount in excess of $35,000.00. WHEREFORE, Plaintiff, demands judgment against Defendants in an amount in excess of Thirty Five Thousand Dollars and Zero Cents ($35,000.00) together with interest, costs, attorney's fees, damages for delay, and for any other such relief this Honorable Court deems necessary and appropriate. Respectfully Submitted, THE LAW OFFOES OF LESLIE DAVID JACOBSON Dated: March / ? , 2007 ?'&" 6b?Aztb4 Leslie D. Jacobson, I 52673 8150 Derry Street Harrisburg, PA 1711 717.909.5858 FAX: 717.909.7788 Attorney for Plaintiff 4 CHAD L. WELCOMER, SR. PLAINTIFF V. LISA BOECKER, AND RACHEL BANEY DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-5993 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Chad L. Welcomer, Sr., do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: -,3? tq I Oow} By: Chad L. Welcomer, Sr. I CHAD L. WELCOMER, SR. PLAINTIFF V. LISA BOECKER, AND RACHEL BANEY DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-5993 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned Paralegal employed by the Law Offices of Leslie D. Jacobson, hereby certifies that a true and correct copy of the Amended Complaint has been duly served this day, by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Mr. George B. Faller, Jr. Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Attorney for Defendants Dated: March \ to , 2007 Jennifer-L r 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 I ? ? ? i '.? ? ? ta? ?; ? ? ,? ,-. s..f -r ? f ` % "'F t? C .c.. t r r'r3 ._ ?' C? ?'f3 ?; ii .^C ? ? ??..i s F:\FILES\DATAFILE\Travelers3090\Current\857\3090.857. arts I\mas Created: 9120/04 0:06PM Revised: 4/17/07 0:06PM 3090.857 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., Plaintiff, V. LISA BOECKER AND RACHEL BANEY, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: CHAD L. WELCOMER, SR., Plaintiff, and his attorney, LESLIE D. JACOBSON, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW come Defendants, Lisa Boecker and Rachel Baney, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiff's Complaint as follows: 1. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 2.4. Admitted. 5. Denied pursuant to Pa. R.C.P. 1029(e). 6.4. It is admitted that Plaintiff's vehicle collided with a 1997 Honda owned by Defendant Lisa Boecker and driven by Defendant Rachel Baney. The remaining averments of these paragraphs are denied. 8. Admitted. 9.43. Denied pursuant to Pa. R.C.P. 1029(e). COUNT I - NEGLIGENCE 14. The averments of Paragraphs 1 through 13 of this Answer are hereby incorporated by reference. 15. Denied as stated. To the contrary, only one of the Defendants was operating the vehicle and at all times she had the vehicle under proper and adequate control. 16.(a-g) Denied pursuant to Pa. R.C.P. 1029(e). 17.-24. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 25. The averments of Paragraphs 1 through 24 of this Answer are hereby incorporated by reference. 26. Plaintiff's recovery is barred or reduced by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendants demand judgment in their favor and dismissal of Plaintiff's Complaint with prejudice. MARTSON*LAW I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 By George Dated: April 17, 2007 Attorneys for Defendants VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\DATAFILE%Tmvelers3090\Curtent\8573090.857.ans 1 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By ? ?. Y\ Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 17, 2007 tiJ cra `51 = t F:\FILES\DATAFILE\Travelers3090\Current\857\3090.857.pra3 Created: 9/20/04 0:06PM Revised: 4/17/07 0:07PM 3090.857 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5993 CIVIL ACTION - LAW LISA BOECKER AND RACHEL BANEY, : Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the attached Stipulation, Defendant Lisa Boecker is hereby dismissed with prejudice as a party to the above-referenced lawsuit and may be removed from the caption. MARTSON LAW OFFICES By George B. aller, Jr., I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 18, 2007 Attorneys for Defendants F:\FILES\DATAFILE\Travelers3090\Current\857\3090.857.stipulationl\mas Created: 9/20/04 0:06PM Revised: 3/21/07 11: 45 AM 3090.857 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5993 CIVIL ACTION - LAW LISA BOECKER AND RACHEL BANEY, Defendants. JURY TRIAL DEMANDED STIPULATION AND NOW come Defendants, Lisa Boecker and Rachel Barley, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby stipulate as follows: 1. Defendant Lisa Boecker is hereby dismissed with prejudice as a party and shall be removed the caption. 2. This Stipulation is to be filed with the Prothonotary and it is agreed that no action or approval by the Court is necessary or required. D`.' Jacobson, Esq i OFFICES OF LE DAVID 4150 Derry Street Suite A Harrisburg, PA 17111-5260 Attorney for Plaintiff Dated: ; n George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendants -) 2 -D7 Dated: C . 1% CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 18, 2007 C'? rv mr;-? .. -v ;;o NJ o 0 ` D c; -#-Ti c a rn c,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELCOMER Vs. NO. 055993 BANEY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 06/08/07 q-1- - File #: M341410 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Christine Moisy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELCOMER Vs. BANEY No. 055993 TO: LESLIE JACOBSON, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 05/17/07 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Christine Noisy Enc(s): Copy of subpoena(s) Counsel return card File #: M341410 rnmmrwWFALTH OF PERCMVANIA COUNTY OF WELCOMER Vs. BANEY Fi le No. 055993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR PAPANDREA JR, C/O DEVONSHIRE FAMILY HEALTH, 4300 DEVONSHIRE RD T0: HARRISBURG PA 17109 _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents a§-E±Ehin&sf at MEDICAL LEGAL REPRODUCTIONS,(A ess ., You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea--,onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde:- ompe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. GEORGE B FALLER JR, ESQ ADDRESS: IQ E HIGH ST eARBISLE, riT 17013 TELEPHONE: SUPREME OOURT ID 4 215-335-32 2 ATTORNEY FOR: 49813 DEFENDANT M341410-01 DATE:- ln!g?, a1. -w07 Seat the Cain BY THE OM-JRT: P othow7 , Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA WELCOMER Vs. No. 055993 BANEY CUSTODIAN OF RECORDS FOR: DR PAPANDREA JR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR PAPANDREA JR CUMBERLAND M341410-01 * * * SIGN AND RETURN THIS PAGE rnmmr wR ALTH of PENNMVANIA OOUNry OF . WELCOMER Vs. BANEY Fi le No. 055993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISWVERY PURSUANT TO RULE 4009.22 REHAB MEDICINE ASSOCS, 5124 E TRINDLE RD, MECHANICSBURG PA 17050 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents e?inX at MEDICAL LEGAL REPRODUCTIONS, (A dre)? ST., PHILA., You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi.1, request at the address listed above. You have the right to seek in advance the rea?,onabl,- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order oompelling you to Imply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: _ ID E HIGH ST ..AR IS H nT 17013 TELEPHONE: SUPREME OOURT ID 215-335-3111 ATTORNEY FOR : 49813 DEFENDANT M341410-02 DATE : 9k cry /, C?7 Seal the Court BY THE T: - 7Z), Prot y/C erk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA WELCOMER Vs. BANEY No. 055993 CUSTODIAN OF RECORDS FOR : REHAB MEDICINE ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( } X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or REHAB MEDICINE ASSOCS CUMBERLAND M341410-02 * * * SIGN AND RETURN THIS PAGE OF PENNSYLVANIA 00[]NrY OF WELCOMER Vs. File No. 055993 BANEY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR JASON LITTON, 3399 TRINDLE RD, CAMP HILL PA 17011 TO: (Name of Person or Entity within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents 09inT at _ MEDICAL LEGAL REPRODUCTIONS, I •. PRILX., PX (A ess You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order oampe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. GEORGE B FALLER JR, ESQ ADDRESS: 10 E HIGH ST /7rR ISLE, PT 17013 TELEPHONE: SUPREME 0OURT ID ATTORNEY FOR : 49813 DEFENDANT M341410-03 DATE : ? ft c21, ?2©0 > Seal of the Court BY THE OOURT : Prot Lary/C i i 1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA WELCOMER Vs. No. 055993 BANEY I CUSTODIAN OF RECORDS FOR: DR JASON LITTON ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WII.L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR JASON LITTON CUMBERLAND M341410-03 * * * SIGN AND RETURN THIS PAGE OF PENNMVANIA axwrY OF Q KBEEMA! D WELCOMER Vs. Fi Is No. 055993 BANEY , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HETRICK CENTER, 500 N UNION ST, MIDDLETOWN PA 17057 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents' o §EE i n%4 at MEDICAL LEGAL REPRODUCTIONS, (A e IiVAss940 DISSTON ., PHILA., You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ca, liance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court orde;- ampe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: _ 10 E HIGH ST I7AR ISL nT 17013 TELEPHONE: - - SUPREME COURT ID # 2_1 ATTORNEY FOR: 49813 DEFENDANT M341410-04 DATE : _ /% 01/, -we 7 Sea of the Court BY THE COURT, Prot y/C Ci iI Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA WELCOMER Vs. BANEY No. 055993 CUSTODIAN OF RECORDS FOR : ]HETRICK CENTER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HETRICK CENTER CUMBERLAND M341410-04 * * * SIGN AND RETURN THIS PAGE rnmMM EAUTH OF PENNSYLVANIA COUNTY OF -CUPONIUAND WELCOMER Vs. BANEY File No. 055993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D 19MMRY PURSUANT TO RULE 4009.2.2 CENTRAL PA MRI CTR, 2527 CRANBERRY HWY, WARENHAM MA 02571-5010 TO: (Name of Person or Entity within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o hint-q S' EE at MEDICAL LEGAL REPRODUCTIONS, AMC 940 DISSTON ST., ss You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making thi-c request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde=- ompe l l i ng you to cone l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: GEORGE B FALLER JR, ESQ ADDRESS: 10 E HIGH ST 1SLE, PA 7013 TELEPHONE: 215-335-3212 SUPREME OOURT ID ATTORNEY FOR: 49813 M341410-05 DEFENDANT BY THE OOURT: Division DATE: --LV ;Z/. -2? Sea of the Court Deputy (Eff . 1/97) ADDENDUM TO SUBPOENA WELCOMER Vs. BANEY No. 055993 CUSTODIAN OF RECORDS FOR : CENTRAL PA NM CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CENTRAL PA MRI CTR CUMBERLAND M341410-05 * * * SIGN AND RETURN THIS PAGE r OF PENNSYLVANIA COUNry OF QFIAm WELCOMER Vs. File No. 055993 BANEY SUBPOENA TO PRODUCE QQgj ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 GRANDVIEW SURGERY & LASER, 205 GRANDVIEW AVE, CAMP HILL PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o§&ng _ at MEDICAL LEGAL REPRODUCTIONS, 6A &C4ss)940 DISSTON ST., P . , You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of om pIiance, to the party making thi -z request at the address listed above. You have the right to seek in advance the rea,onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- ompe 11 i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQU1EST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS : 10 E HIGH ST 7013 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: 49a13 DEFENDANT M341410-06 DATE : m4 a/. aLr7 Seal (6f the Court BY THE LOUR?: ?, "J<Wz'A Prot tary/C1 Civ 1 Division Deputy (Eff. 1/97) ADDENDUM WELCOMER Vs. BANEY TO SUBPOENA No. 055993 CUSTODIAN OF RECORDS FOR: GRANDVIEW SURGERY & LASER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or GRANDVIEW SURGERY & LASER CUMBERLAND M341410-06 * * * SIGN AND RETURN THIS PAGE p saffWWFALTEi OF PIINNMVANIA COUNTY OF CUMBEnAND WELCOMER Vs. File No. 055993 BANEY , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 AIG CLAIM SERVICES INC, PO BOX 2006, CHADDS FORD PA 19317-2006 TO: ATTN: CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents inp$ MEDICAL LEGAL REPRODUCTIONS,( C?ss4,940 DISSTON ST., PH ILA., You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of cc«rpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- om pe l l ing you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: 10 E HIGH ST 7013 TELEPHONE: 217- SUPREME COURT ID # 215 - 3 3 5- 3 ATTORNEY FOR : 49813 DEFENDANT M341410-07 DATE : JW4 Seal f the Court BY THE COURT: U60atz Prot tary/cl , ivi Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA WELCOMER Vs. No. 055993 BANEY CUSTODIAN OF RECORDS FOR : AIG CLAIM SERVICES INC ANY AND ALL RECORDS IN THE FILE, INCLUDING, BUT NOT LIMITED TO, THE ENTIRE FIRST PARTY BENEFITS FILE. CLAIM #61OALO34779 PERTAINING TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or AIG CLAIM SERVICES INC CUMBERLAND M341410-07 * * * SIGN AND RETURN THIS PAGE OF PENNMVANIA axnm OF QUID WELCOMER Vs. Fi le No. BANEY 055993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 COVENTRY HEALTHCARE MGMT, 3721 TECPORT DR BOX 67103, HARRISBURG PA 171 TO: ATTN: CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docuumts oW in.Ah _ at _ MEDICAL LEGAL REPRODUCTIONS,(Ae I&C,ss940 DISSTO You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea,onablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin' subpoena may seek a court ordei- oompeiling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE RECIUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: _ 10 E HIGH ST 7013 TELEPHONE: - - SUPREME COURT ID 215 ATTORNEY FOR: 49813 DEFENDANT M341410-08 DATE : gA, C;-?e<. aq)7 Seal the Court BY THE COURT: Prot tarry/C 1 T i 1 Division Deputy (Eff. 7/97) ADDENDUM 41 WELCOMER Vs. BANEY TO SUBPOENA No. 055993 CUSTODIAN OF RECORDS FOR : COVENTRY HEALTHCARE MGMT ANY AND ALL INSURANCE RECORDS CONTAINED IN THE FILE REGARDING CHAD L WELCOMER. INSURED: AMANDA E WELCOMER; PATIENT: CHAD L WELCOMER; GROUP NAME: AMP NON-UNION; ID ##20570972602 PERTAINING TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or COVENTRY HEALTHCARE MGMT CUMBERLAND M341410-08 * * * SIGN AND RETURN THIS PAGE v a F:\FU.ES\ClienU\Travekrs 3090\Cufent\85713090. 657. mot 1 /nhn Created: 9/20/04 0:06PM Revised: 9/17/07 10:26AM 3090.857 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5993 CIVIL ACTION - LAW LISA BOECKER Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY 1. This case arises out of an automobile accident that occurred November 28, 2003. 2. Plaintiff has filed a claim alleging that he sustained personal injuries as a result of the accident. 3. On or about January 2, 2007, Defendant served interrogatories on Plaintiff. 4. On January 7, 2007, Defendant served the Plaintiff with a request for production of documents. 5. Despite repeated requests, the discovery remains unanswered. 6. There has been no prior involvement by any Judge in this matter. WHEREFORE, Defendant requests that this Court issue an Order directing Plaintiff to answer the discovery within twenty days. W By George B. Faller, Jr., In I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: September 17, 2007 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Motion to Compel Discoverywas served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire LAW OFFICES OF LESLIE DAVID JACOBSEN 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 17, 2007 C3 f-4 ? ? ?? mrx '-`j u ...s CJ . " -C .C SEP 181001A? George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5993 CIVIL ACTION - LAW LISA BOECKER Defendant JURY TRIAL DEMANDED ORDER l AND NOW, this day of S #-tk Lw?`gyr , 2007, upon consideration of Defendant's Motion to Compel, it is hereby ordered that Defendant's Motion to Compel is granted. Plaintiff is to provide full and complete responses to Defendant's discovery requests within twenty__.- (20) days of the date of this Order. BY THE COURT, J. lgNv/ ,sNW38t n3 ?Z :2 ?? ? ? d3S 1002 ETILES \ClientslTravelers30901Curren0857\3090,857.pra4 Y Created: 9/20/04 0:06PM Revised: 9/27/07 10 37AM 3090.857 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF' Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5993 CIVIL ACTION - LAW RACHEL BANEY, Defendant. : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby directed to withdraw Defendant's Motion to Compel Discovery as Plaintiff had previously answered those discovery requests. MARTSON LAW OFFICES By _ Geese B. Mier, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 27, 2007 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 27, 2007 r.? , z-?7 %... k? _.? ? ' -?-'F1 :.: ?;? ?=- ' ., ?`? i ....3 ? ::? Z'wl _=1 ftiJ ? ?..,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELCOMER Vs. NO. 055993 BANEY CERTIFICATE As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2.- A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 to Serve the Subpoena(s). Date: 10/16/07 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST File #: M345009 CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD HE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Christine Moisy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELCOMER Vs. BANEy No. 055993 TO: LESLIE JACOBSON, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/25/07 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY'FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Christine Moisy Enc (s) : Copy of subpoena(s) Counsel return card File #c M345009 OF PENNSYLVANIA couNry of an mamp WELCOMER Vs. BANEY File No. 055993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o§ing - at MEDICAL LEGAL REPRODUCTIONS, (A:'JFfiSS4?40 DISSTON ST., PHILA., You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together witill the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court order cmp®11ing you to oa, ly with it. THIS SUBPOENA WAS ISSUED AT THE RECAJEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: n F. HTbH sT to 11 jr 1 -1 7013 TELEPHONE: SUPREME COURT ID # 215 - 3 3 5- 3 212 ATTORNEY FOR : 49813 DEFENDANT 345009-01 DATE: teal of thebo - PHYSICIANS REHAB SPINE, 175 LANCASTER BLVD, MECHANICSBURG PA 17055 BY THE COURT: Prothonotary/0 ark, Civil Div i s ion , •. Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA WELCOMER Vs. I No. 055993 BANEY CUSTODIAN OF RECORDS FOR : PHYSICIANS REHAB SPINE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PHYSICIANS REHAB SPINE CUMBERLAND M345009-01 * * * SIGN AND RETURN THIS PAGE * * * r OF PENNSYLVANIA 00[]r y opCUMBERLAND WELCOMER Vs. BANEY . Fi Is No. 055993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D I SCOVERY PURSUANT TO RIl_E 4009 22 CAPITAL CHIRO CARE, 4079 DERRY ST, HARRISBURG PA 17111 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents c§& ng;,, _ at MEDICAL LEGAL REPRODUCTIONS,(Alddress4?40 DISSTON ST., PHILA., FA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea•onabie cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court orde:- campelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS: 10 R HIGH ST 7013 TELEPHONE: SUPREW- COURT I D# 215-335-3212 ATTORNEY FOR : 49813 DEFENDANT M345009-02 , Ago DATE : 1 of the Court BY THE COURT: Prothonotary/ ark, Civil Division C1 La )kzikl' Deputy (Eff. 1/9T) ADDENDUM TO SUBPOENA WELCOMER Vs. BANEY No. 055993 CUSTODIAN OF RECORDS FOR: CAPITAL CHIRO CARE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CAPITAL CHIRO CARE CUMBERLAND M345009-02 * * * SIGN AND RETURN THIS PAGE * * * c.n -< c:) - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELCOMER, SR Vs. , NO. 055993 BOECKER & BANEY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 06/25/09 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 File #: R364891 By: Susan Tyre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELCOMER, SR Vs. BOECKER & BANEY I No. 055993 TO: LESLIE JACOBSON, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 06/25/09 GEORGE B FALLER JR, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc(s): Copy of subpoena(s) Counsel return card File #: R364891 NWFALTH OF PENNSYLV 0M Comm OF Vs. WELCOMER, SR BOECKER & BANEY File No. 055993 SUBPOENA TO PRODUCE DOGMNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DEVONSHIRE FAMILY HEALTH, DR PAPANDREA, 4300 DEVONSHIRE RD TO: HARRISBURG PA 17109 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or ng$„l, S& A 'rACTMD ADDENDUM at MEDICAL LEGAL REPRODUCTIONS, (Ald&cessy40 DIS T ST., PHI.LA., You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of carpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- co pe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B FALLER JR, ESQ ADDRESS : 1 n F. H T GH ST f8bB, PA 7013 TELEPHONE: SUPREME COURT ID # 215-335-32--12- ATTORNEY FOR: 49813 DEFENDANT R364891-01 DATE : 02 1. Sea] of the Court BY THE COURT: Prothonotary/Cl k, Civil Division Deputy (Eff. 7/97) WELCOMER, SR Vs. ADDENDUM TO SUBPOENA BOECKER & BANEY No. 055993 CUSTODIAN OF RECORDS FOR: DEVONSHIRE FAMILY HEALTH ANY AND ALL MEDICAL RECORDS FROM 6/1/07 TO THE PRESENT. PERTAINING TO: NAME: CHAD WELCOMER ADDRESS: 7073 CARLISLE PK CARLISLE PA DATE OF BIRTH: 10/03/76 SSAN: XXXXX2597 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DEVONSHIRE FAMILY HEALTH CUMBERLAND R364891-01 * * * SIGN AND RETURN THIS PAGE * * * OF THE F! DTP, `^NOTAR?Y 2009 JUL -2 AM 8-1? 5 • George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CHAD L. WELCOMER, SR., Plaintiff, V. RACHEL BANEY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTS LAW Date: August 31, 2009 By ? Geo alter, Jr., esquire I.D. No. 813 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant F:\F1LES\C1ients\3090 Travelen\Ctnrent\857\3090.857.notke of mtentl Cteated: 12/22/97 10:14:24 AM Revised: 08/07/09 09:21:37 AM 3090.857 George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CHAD L. WELCOMER, SR., Plaintiff, V. RACHEL BANEY, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 : CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON LAW OFFICES By George B. Faller, J , Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 7, 2009 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Chad L. Welcomer, Sr., Plaintiff, V. Rachel Baney, Defendant. : File No. 05-5993 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 AIG Specialty, Regional Office 'I'Q; P.O. Box 8215, Corapolis, PA 15108 (Name of Person or Entity) Within twenty (20) days aft service of this subpoena, you are ordered by the court to produce the following documents or things: Your entire underwriting file regarding your insured, Amanda E. Welcomer, date of accident November 28, 2003, policy number AIG 7246725, including but not limited to?any documents showing the applicable tort option on the policy from date of inception to the present or until the policy was cancelled or terminated. Martson Law Offices at 10 East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George B. Faller, Jr., Esquire ADDRESS: as igh Street Carlisle, PA 17013 TELEPHONE: 717-243-3341 SUPREME COURT ID # 49813 ATTORNEY FOR: Defendant Date: : "-4"k L ? '2"? Sail of the Court BY THE COURT: r„ /? Lag Prothonotary, Civil Divis n f"" Deputy CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Certificate Prerequisite to Serve a Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobson, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By 4)-?O &? 0. Al Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 31, 2009 Fit LEC ".. OF THE F;z,-,-??,NOTARY 2009 AUG 3 I PH 2'6 j' 1 t: FAFII.ES\Clients\3090 Travelers\Current\857\3090.857.mot2/nlm r r 3090.857 FIL D-6 1 George B. Faller, Jr., Esquire O T;H 7 P ^; , s ? t-j MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 201 I FEB (I" 1 I.D. No. 49813 10 East High Street S ?R , r. p Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., Plaintiff, V. RACHEL BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO AMEND NEW MATTER AND FOR PARTIAL SUMMARY JUDGMENT 1. This case arises out of a motor vehicle accident that occurred on November 28, 2003. 2. At the time of the accident, Plaintiff Chad Leroy Welcomer was an insured under a motor vehicle policy of insurance issued by AIG, Policy Number AIG7246725. 3. At the time of the accident on November 28, 2003, the policy was subject to the limited tort option as the named insured Amanda E. Welcomer had signed a valid limited tort election on August 7, 2001. (A copy of the Notice to a named insured choosing the limited tort option and signed by Plaintiff Amanda E. Welcomer is hereby attached as Exhibit "A"). 4. The limited tort option remains in effect as there was no written requests to change the policy to full tort, as of November 28, 2003. 5. Plaintiffs called their insurance agent on November 29, 2003 and requested that their policy be changed to full tort. 6. A written request to change to the full tort option was then signed by Plaintiff, Amanda Welcomer, on February 1, 2003. (A copy of the tort option change form dated December 1, 2003, is hereby attached as Exhibit `B"). WHEREFORE, Defendant requests this Court issue an Order indicating that Plaintiff was bound by the limited tort option at the time of his accident on November 28, 2003. 7. The averments of paragraphs 1-7 are hereby incorporated by reference. 8. Plaintiff has produced expert medical reports from Dr. Papandrea, Jr., M.D., dated April; 6, 2009 and May 19, 2009. (A copy of Dr. Papandrea's reports are hereby attached as Exhibit «C„ and «D„) 9. The doctor's reports were written in response to requests from Plaintiff's counsel, Scott McPartland, Esquire. 10. Since Plaintiff is bound by the limited tort option, Plaintiff cannot recover for non- economic damages unless he sustained a serious injury or serious permanent disfigurement. 75 Pa C.S.A §170. 11. As a matter of law, Plaintiff's injuries as a result of the November 28, 2003 accident were not serious. 12. The averments of paragraphs 1 through 12 are hereby incorporated by reference. 13. On August 5, 2010, Defendant Chad Welcomer was convicted of criminal attempt to Commit Theft by Deception, a misdemeanor of the first degree and make restitution in the amount of $3,261.25, to Defendant's insurer, as a result of his actions in the pursuit of this Civil claim. 14. Defendant's criminal sentence arises from the same conduct transaction or occurrence that is involved in his pursuit of this civil case. 15. Defendant should be allowed to amend its New Matter to raise the defense of Collateral Estoppel. WHEREFORE, Defendant Requests that this Court allow her to amend her Answer to raise the affirmative defense of Collateral Estoppel. MARTSON AW OF By George ller, J'r , Esquire I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: 2/10/11 A RECYCEFD PAPER R[CYCUBLE NOTICE TO NAMED INSUREDS ,;ed Tort" option - The lawq of the Commonwealth of Pennsylvania give you the right to choose a form of trance that limits your right and the right of members of your household to seek financial compensation for ,juries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as get forth in the policy, or unless one of several other exceptions noted in the policy applies. The estimated premium for this policy term with basic coverages, as required by law, is $ 649. The estimated premium for your selected coverages is 719) This reflects a difference of $ 70. Additional coverages under this option are available at additional cost. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. [ wish to choose the "limited tort" option described in paragraph A: Signature Line I (AfQJtk ^??mo,?_ '?'- 7_? J 1 Signature of First Named Insured Date 1 (if under 18, guardian's signature required) "Full Tort" Option - The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other non-monetary damages as a result of injuries caused by other drivers. The estimated premium for this policy to ith basic coverages, as required by law, is $ 822 . The estimated premium for your selected coverages i $ 920. his reflects a difference of $ 98. ?. If you wish to choose the "full tort" option described in paragraph C, you may sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage described in paragraph C and you will be charged the "full tort" premium. wish to choose the "full tort" option described in paragraph C: Signature Line II Signature of First Named Insured (if under 18, guardian's signature required) Date . You may contact your insurance agent, broker or company to discuss the cost of other coverages. If you wish to change the tort option that applies to your policy, you must notify your agent, broker or company and complete and mail this form to the company. COLLISION DEDUCTIBLE WAIVER Y signing this waiver, I agree to purchase Physical Damage Collision coverage with a deductible lower than $500. I nderstand that the lower deductible represents greater coverage and costs more money. Signature of First Named Insured (if under 18, guardian's signature required) Date Exhibit "A" `? Rfcracn rnRCx ` RfCVCLABLL N' ??-? ?? NOTICE TO NOD ii .w . A. "Limited Tort" Option - The laws of the Commonwealth of Pennsylvania give you the right to choose a form, of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for fain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy, or unless one of several other exceptions noted in the policy applies, The estimated premium for this policy tern with basic coverages, as required by law, is $ . The estimated premium for your selected coverages is S_ . This reflects a difference of $ . Additional coverages under this option am available at additional cost. B. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this; notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose "limited tort" ption described in paragraph A: Signature LineI X Signature of First Nruned Insured Date (if under 18, guardian's signature required) C. "Full Tort" Option - The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy tray seek recovery for all medical and oduz out-of-pocket expenses and may also seek financial compensation for pain and suffering and other non-monetary damages as a result of mnjuries caused by other drivers. The estimated premium for this policy term with basic coverages, as required by law, is $ _. The estimated premium for your selected coverages is S This reflects a difference of $ D. If you wish to choose the "full tort" option described in paragraph C, you may sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will be considered to have chosen the "full ton" coverage as described in paragraph C and you will be charged the "fall tort" premiurn. I wish to choose th "fu11 tort" Lion described in paragraph C: Signature Line II 14- Signature of First Named Insured Date (if under IS, guardian's siggnature required) E. You may contact your insurance agent, broker or company to discuss the cost of other coverages. F. If you wish to change the tort option that applies to your policy, you must notify your agent, broker or company and complete and mail this forts to the company. By signing this waiver, I agree to purchase Physical Damage Collision coverage with a deductible lower than $500, I understand that the lower deductible represents greattr coverage and costs more money. Signature of First Named Insured (if under 18, guardian's signature required) Date - _? Exhibit "B" PA App SA7o (Edition t) RE-1-PAPIR .% k . ? ."r DEVON SHIRE FAMILY HEALTH CENTER A SERVICE OF HOLY SPIRIT HEALTH SYSTEM April 6, 2009 Mr. Scott McPartland, Esq. Re: Chad Welcomer Dear Mr. McPartland: I have received your letter concerning Chad Welcomer. Unfortunately, I don't think that anybody can say for sure that all of his ailments are related to the accident that occurred on November 28, 2003. He has been consistently complaining of neck pain and back pain and generalized aches and pains as far as back as 1999 and, in fact, I even have in my progress notes that he was in extreme pain in January of 2001. I had sent him to Dr. Morganstein, who is a physical rehab specialist, but as for back as February 17, 1999, Mr. Welcomer was allegedly in a car accident. At that time he struck his head on the dashboard and was complaining of a stiff neck. Since that time, there has been a march toward physical therapy, symptomatic treatment, various MRI's, and he was seen by multiple physical rehab specialists, as well as neurosurgeons and neurologists over the last seven to eight years. In fact, back in January of 2003, he was complaining of back pain to such an extent that we sent him for epidurals. He had seen Dr. Rex Herbert, Orthopedist, concerning this, and was placed on multiple medications. He saw Dr. Pahapil, Neurosurgeon, in June of 2003. My point is that he does exhibit signs and symptoms of generalized fibromyalgia, chronic back pain, and neck pain, as well as a severe emotional overlay to the pain. I think it is a difficult case. I think that Chad does suffer real pain but after all this time, I am not sure what else I can offer him to give him any kind of permanent relief. I have sent him to various specialists who have not been able to help him as far as his complaints are concerned. To the question of whether Mr. Welcomer has serious impairment of body function, I would have to say yes. Whether it is solely the result of the accident on November 28, 2003, it would have to say no. It certainly may have contributed to his generalized condition of fibromyalgia and multiple traurna in the past and multiple accidents, but it certainly is not the sole explanation. Since A. J. AJP/slk ?+ r Your Partner For Good Health 1) 0 Devonshire Family Health Center 2850 Commerce Drive, Suite 300 • Harrisburg, PA 17110 Exhibit "C" ?'M R -LED PAVER x[ -ux1E 09 02:09a Welcomer and Associates 71.7-732-6708 P.1 ,6.397<7 (9 ODEVON SHIRE FAMILY HEALTH CENTER A SERVICE OF HOLY SPIRIT HEALTH SYSTEM May 19.2009 Scott McPartland Re: Chad Welcomer Dear Mr. McPartland: I am in receipt of your letter regarding Chad Welcomer. Once again, I think that within a reasonable degree of medicd certainty. Chad's rack pain did increase after the November, 2003 accident. Although I don't beleve that there was not a preexisting condition before the accident, the accident certainly seemed to increase the intensity of his pain and 1 also befleve that it contributed to his increasing disabft so I do think there is a cause and effect as far as exacerbation of his discomfort following the November, 20003 accident. You understand. of course, that pain is a subjective feeling and that his exams before and even after the accident failed to show an obvious defect, such as a ruptured disc or fracture, et cetera: however, multiple medical consultants seem to agree that Chad was in pain and may have contributed his symptoms to a combination of some spondVNh or some spine arthritis, as well as fibromyaigia. which certainly trauma can tend to increase the severity of this condign. Sincerely ycyrr, l AJP/sIk "Dn Exbib-It Your Partnw or Good Health Devonshire Family Health Center 2850 Commerce Drive, Suite 300 • Harrisburg, PA 17110 (717) 657.1361 • Fax (717) 657-5396 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Amend New Matter and for Partial Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott McPartland, Esquire 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By UhA" h -- Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 2/10/11 r F:\FILES\Clients\3090 Travelers\Curtent\857\3090.857.mot3/nlm 3090.857 r F1 F . 0FFK , f George B. Faller, Jr., Esquire T P F r' 0 1 A. `' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER r - 5 PH 2: MARTSON LAW OFFICES I.D. No. 49813 ^plMD7'l A'ND C, I i 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants CHAD L. WELCOMER, SR., Plaintiff, V. RACHEL BANEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S AMENDED MOTION TO AMEND NEW MATTER AND FOR PARTIAL SUMMARY JUDGMENT 1. This case arises out of a motor vehicle accident that occurred on November 28, 2003. 2. Defendant had filed its original Motion to Amend New Matter and For Partial Summary Judgment on February 11, 2011. 2. At the time of the accident, Plaintiff Chad Leroy Welcomer was an insured under a motor vehicle policy of insurance issued by AIG, Policy Number AIG7246725. 3. At the time of the accident on November 28, 2003, the policy was subject to the limited tort option as the named insured Amanda E. Welcomer had signed a valid limited tort election on August 7, 2001. (A copy of the Notice to a named insured choosing the limited tort option and signed by Plaintiff Amanda E. Welcomer is hereby attached as Exhibit "A") 4. The limited tort option remains in effect as there was no written requests to change the policy to full tort, as of November 28, 2003. 5. Plaintiffs called their insurance agent on November 29, 2003 and requested that their policy be changed to full tort. 6. A written request to change to the full tort option was then signed by Plaintiff, Amanda Welcomer, on December 1, 2003. (A copy of the tort option change form dated December 1, 2003, is hereby attached as Exhibit "B"). WHEREFORE, Defendant requests this Court issue an Order indicating that Plaintiff was bound by the limited tort option at the time of his accident on November 28, 2003. 7. The averments of paragraphs 1-7 are hereby incorporated by reference. f 8. Plaintiff has produced expert medical reports from Dr. Papandrea, Jr., M.D., dated April; 6, 2009 and May 19, 2009. (A copy of Dr. Papandrea's reports are hereby attached as Exhibit "C" and "D"). 9. The doctor's reports were written in response to requests from Plaintiff's counsel, Scott McPartland, Esquire. 10. Since Plaintiff is bound by the limited tort option, Plaintiff cannot recover for non- economic damages unless he sustained a serious injury or serious permanent disfigurement. 75 Pa C.S.A §170. 11. As a matter of law, Plaintiff's injuries as a result of the November 28, 2003 accident were not serious. 12. The averments of paragraphs 1 through 12 are hereby incorporated by reference. 13. On August 5, 2010, Defendant Chad Welcomer was convicted of criminal attempt to Commit Theft by Deception, a misdemeanor of the first degree and make restitution in the amount of $3,261.25, to Defendant's insurer, as a result of his actions in the pursuit of this Civil claim. 14. Defendant's criminal sentence arises from the same conduct transaction or occurrence that is involved in his pursuit of this civil case. 15. Defendant should be allowed to amend its New Matter to raise the defense of Collateral Estoppel. 16. This matter has been assigned to The Honorable M.L. Ebert, Jr. WHEREFORE, Defendant Requests that this Court allow her to amend her Answer to raise the affirmative defense of Collateral Estoppel. MARTSOb /AW By George B. Faller, Jr., I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: 2/15/11 6J ft,<YCLf 1?YAPIP R CY(A APIf NOTICE TO NAMED INSUREDS - :ed Tort" option - The law4 of the Commonwealth of Pennsylvania give you the right to choose a form of trance that limits your right and the right of members of your household to seek financial compensation for &juries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonaonetary damage- unless the injuries suffered fall within the definition of -serious injury- as set forth in the policy, or unless one of several other exceptions noted in the policy applies. The estimated premium for this policy,tarm with basic coverages, as required by law, is $ 649. The estimated premium for your selected coverages is(? _719) This reflects a difference of $ 70. Additional coverages under this option are available at additional cost. 3. If you wish to choose the "limited tort' option described in paragraph A. you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the 'full tort' coverage as described in paragraph C and you will be charged the "lull tort' premium. [ wish to choose the 'limited tort, option described in paragraph As Signature Line I ? ' lVlY)k??' - NJ t) 1(? Signature of First Namet 1d Insured at Date (if under le, guardian's signature required) :. 'Pull Tort, Option - The laws of the Comonwealth of Pennsylvania also give you the right to choose a form Of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other non-monetary damages as a result of injuries caused by other drivers. The estimated premium for this policy to ith basic covers es, as required g squired by law, is $ 822 . The estimated premium for your selected coverages i $ 920. is reflects a difference of $ 99. ?. If you wish to choose the 'full tort' option described in paragraph C, you may sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will be considered to have chosen the "full tort' coverage described in paragraph C and you will be charged the 'full tort, premium. wish to choose the "full tort' option described in paragraph c. Signature Line II Signature of First Named insured (if under 16, guardianis signature required) Date you may contact your insurance agent, broker or company to discuss the cost of other coverages. If you wish to change the tort option that applies to your policy, you must notify your agent, broker or company and complete and mail this form to the company. COLLISION DEDUCTIBLE WAIVER signing this waiver, I agree to purchase Physical Damage Collision coverage with a deductible lower than S500. I derstand that the lower deductible represents greater coverage and costs more money. lgnaturs of First Named Insured (if under 18, guardian's signature required) Date Exhibit "A" R-CLEO PAPER RI-ILABLL OR ?? aY A.Ni YY 'l 1 14 ?µ..yN ry p.,? '+? f?: NOTICE-130 i \^ ^-.ft i ? A. "Limited Ton" Option - The laws of the i::ommonwealth of PennsYIvania give YOU the ' Y right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries causes by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for an deal and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as $et forth in the policy, or unless one of several other exceptions noted in the policy applies. The estimated premium for this policy term with basic coverages, as required by law, is S_` . The estimated your selected coverages is S_ Y This reflects a difference of $Additional coverages umlthis opnuo? eta ez available at additional cost. B. It you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this. notice, you will be considered to have chosen the "full tort" coverage as described in paragraph C and you will be charged the "full tort" premium. I wish to choose tb("limited tort" tion described in paragraph A: Signature Line I X Signature of First Warned ln=W Date (if under 18, guardian's signature required) C. "Full Ton" Option - The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-op p,Aw expenses and may also seek financial compensation for pain other non-monetary damages as a result of 1juries caused by other drivers. The estim'd premium for this and Sufftdq And coverages, as required by law, is $? The estimated policy t? with basic difference of S premium for your selected coverages is This reflects a A If you wish to choose the "No tent" option described in paragraph C, you may sign this notice where indicated below and return it. However, if you do not sign and return this notice, you will be considered to have chosen the "fun tort" coverage as described in paragraph C and you will be charged the "gjD tort" premium I wish to choose th "full tort" 'on described in paragraph C, Signature Line II t z` (` Signature of First Named Insured Date (if under 18, guardian's si,gnahm required) E You may contact your insurance agent. brolmr or company to discuu the cost of other coverages. F. If you wish to change the tort option that applies to your policy, You must notify Your agent, broker or company artd complete and mail this form to the company. By signing this waiver, I agree to purchase physical Damage Collision coverage with a deductible lower then S500. I understand the lower deductible represents greaten coverage sad costs more money. that Signature of First Named Insured (if under 18, guardian's signature required) Date Exhibit "B" rw App sroo cEatnoe 1) ,s Il'(I(I)PAPfN G? oer ((S@.DEV'0NSH1RE FAMILY HEALTH CENTER A SERVICE OF HOLY SPIRIT HEALTH! SYSTEM April 6, 2009 Mr. Scott McPartland, Esq. Re: Chad Welcomer Dear Mr. McPartland: I have received your letter concerning Chad Welcomer. Unfortunately, I don't think that anybody can say for sure that all of his ailments are related to the accident that occurred on November 28, 2003. He has been consistently complaining of neck pain and back pain and generalized aches and pains as far as back as 1999 and, in fact, I even have in my progress notes that he was in extreme pain in January of 2001. I had sent him to Dr. Morgansteln, who is a physical rehab specialist, but as far back as February 17, 1999, Mr. Welcomer was allegedly in a car accident. At that time he struck his head on the dashboard and was complaining of a stiff neck. Since that time, there has been a march toward physical therapy, symptomatic treatment, various MRI's, and he was seen by multiple physical rehab specialists, as well as neurosurgeons and neurologists over the last seven to eight years. In fact, back in January of 2003, he was complaining of back pain to such an extent that we sent him for epidurals. He had seen Dr. Rex Herbert, Orthopedist, concerning this, and was placed on multiple medications. He saw Dr. Pahapil, Neurosurgeon, in June of 2003. My point is that he does exhibit signs and symptoms of generalized fibromyalgia, chronic back pain, and neck pain, as well as a severe emotional overlay to the pain. I think it is a difficult case. I think that Chad does suffer red pain but after all this time, I am not sure what else I can offer him to give him any kind of permanent relief. I have sent him to various specialists who have not been able to help him as far as his complaints are concerned. To the question of whether Mr. Welcomer has serious impairment of body function, I would have to say yes. Whether 0 is solely the result of the accident on November 28, 2003, it would have to say no. It certainly may have contributed to his generalized condition of fibromyalgia and multiple traurha in the past and multiple accidents, but it certainly is not the sole explanation. Since A. J. AJP/sik Your Partner For Good Health Devonshire Family Health Center 1, 0 `1 !' 2850 Commerce Drive, Suite 300 • Harrisburg, PA 17110 "C" . 1-1 //n 1 0/1 T /0117\ CC'7 C]A< Exhibit i Rt ?«to Ra?tR RtCYCL?RIF ????i DEVONSHIRE FAMILY HEALTH CENTER A SERVICE OF HOLY SPIRIT HEAL'T'H SYSTEM May 19, 2009 Scott McPar land Re: Chad Welcomer Dear Mr. McPatland: I am in receipt of your letter regarding Chad Welcomer. Once again. I think that within a reasonable degree of medical certainty. Chad's back pain did Irxxeose after the November. 2000 accident. A xwgh I don't believe that there was not a preexidng condltton before the acdefei a the accident certainly seemed to increase the intensity of his pain and I also believe that It contrbuted to his increasing disabd<ty so I do think there is a cause and effect as far as eiaocaboilon of his discomfort following the November. 2000 accident You understand. of core, that pain is a subjective feeding and that his exams before and even after the accident faded to show an obvious defect, such as a raptured disc or fracture. et ceterar however. multiple mediod connAtanis seem to agree that Chad was in pain and may have contrtbuted his symptoms to a combination of some spondyiilts or some spine arttxNb, cowed as fbrvnWc%ft which certainly trauma can tend to increase the severity of this condition. Sincerely AJP/sk Exhibit "D" %w PO&W For Good HMM Devvowhire Family Health Center 2850 Commerce Drive, Suite 300 • Harrisburg, PA 17110 (717) 657.1361 • Fax (717) 657.5396 CERTIFICATE OF SERVICE. I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Amended Motion to Amend New Matter and for Partial Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott McPartland, Esquire 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES Bye Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 2/15/11 I CHAD L. WELCOMER, SR. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.. 05 - 5993 r; `_> f CIVIL ACTION - LAW -r -; y J RACHEL BANEY Defendant, JURY TRIAL DEMANDED ct) PLAINTIFF'S ANSWER TO DEFENDANT'S AMENDED MOTI64 TO AMEND NEW MATTER AND FOR PARTIAL SUMMARY JUDVmw -' AND NOW COMES, Plaintiff, Chad L. Welcomer, by and through his counsel, The Law Offices of Leslie David Jacobson, and in response to Defendant's Amended Motion to Amend New Matter and for Partial Summary Judgment states as follows: 1. Admitted. 2. Admitted. 2. Denied as stated that Plaintiff was an insured. In further response, Plaintiff, Chad L. Welcomer, Sr. was excluded from this policy. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Amanda Welcomer called her insurance agent on November 29, 2003 and requested her policy be changed to full tort. It is denied that Plaintiff made this phone call. 6. Admitted in part and denied in part. It is admitted that a written request to change to the full tort option was made by Amanda Welcomer. It is denied that Amanda Welcomer is a Plaintiff in this action. 7. No response required to Paragraph 7. 8. Admitted. 4 . . 9. Admitted. 10. Admitted. 11. Denied. It is denied that Plaintiff's injuries as a result of the November 28, 2003 accident were not serious. In further answer, Dr. Papandrea has indicated that he believes Plaintiff has serious impairment of body function. Further, Plaintiff has extensively treated for his injuries since the date of the accident to the present. Further, Plaintiff remains in considerable pain to this day. 12. No response required to Paragraph 12. 13. Admitted. In further answer, Chad Welcomer is the Plaintiff in this action and he accepted a plea agreement after careful consideration of the totality of the circumstances and the uncertainties of a jury trial. 14. Denied. It is denied that Chad Welcomer's criminal sentence arises from the same conduct transaction or occurrence that is involved in his pursuit of this civil case. In further answer, the criminal matter arose over statements made at a deposition and answers given to interrogatories as well as a question of whether or not Plaintiff was covered under a full or limited tort election. Further, there was never a finding that Mr. Welcomer is not injured as a result of the motor vehicle accident. 15. Denied. It is denied that Defendant should be allowed to amend its New Matter to raise the defense of Collateral Estoppel. 16. Admitted. 2 WHEREFORE, Plaintiff, respectfully request this Honorable Court dismiss Defendant's Motion to Amend New Matter and for Partial Summary Judgment and grant such other relief as the Court deems just and appropriate. Dated: 03/07/11 Respectfully Submitted, co &artlan Attorney I.D. No.: 209669 Leslie David Jacobson Attorney I.D. No.: 52673 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 3 CHAD L. WELCOMER, SR. Plaintiff, V. RACHEL BANEY, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05 - 5993 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL George B. Faller, Jr., Esq. 10 East High Street Carlisle, PA 17013 DATED: 03/08/11-?- \ land Attorney for Plaintiff 4 CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A V . RACHEL BANEY, zw -0m ;U . DEFENDANT : NO. 05-5993 CIVIL ?'r -- c ? o --ic) ORDER OF COURT this 15th da AND NOW on consideration of the Deie'Aanft of A ril 2011 u , p , , p y cry Amended Motion to Amend New Matter and for Partial Summary Judgment, the Plaintiff's Answer thereto and after oral argument; IT IS HEREBY ORDERED AND DIRECTED: 1. Defendant's request for Partial Summary Judgment declaring that the Plaintiff was bound by the limited tort option is DENIED at this time. 2. Defendant's request to Amend New Matter in her Answer in order to raise the Affirmative Defense of Collateral Estoppel is GRANTED. By the Court, N -? M. L. Ebert, Jr., 'Scott McPartland, Esquire Attorney for Plaintiff 1`?'George B. Faller, Jr., Esquire Attorney for Defendant C )PI, Mq,c k 41,5111 1 J. bas George B. Faller, Jr., Esquire c ° c± a I.D. No. 49813 r-ri" c_ rn MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER z? rr- F -Vrn MARTSON LAW OFFICES > C) 10 East High Street { x-n Carlisle, PA 17013 n is =K ° (717) 243-3341 y ?:? C) -° Attorneys for Defendant -c C-D CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 05-5993 CIVIL ACTION - LAW RACHEL BANEY, Defendant. : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTSON LAW OFFICES By George B. ler, Jr., Esqui I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 12, 2011 Attorneys for Defendant d, F:1FR,ESTfients\3090 Traveler\Current\85T3090.857.no6ce of intent2 Crested: 12/22/97 10:14:24 AM Revised: 07/12111 09:48:18 AM 3090.857 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CHAD L. WELCOMER, SR., Plaintiff, V. RACHEL BANEY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND G FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON LAW OFFICES Date: July 12, 2011 By 6 George alle Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Chad L. Welcomer, Sr. Plaintiff File No. 05-5993 VS. Rachel Barley Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 2850 Commerce Drive TO: Augustus J. Papandrea, Jr., M.D. Harrisburg, PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all un-redacted office records, including notes, correspondence, memoranda, x-ray reports, history notes, index cards, and any other information relating to any examination or treatment rendered to Chad Welcomer, 7073 Carlisle Pike, Carlisle, PA 17013; DOB; 10/3/76; SSN; XXXXX2597. at MARTSON LAW OFFICES, Ten East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George B. Fella, Jr., Faquire ADDRESS: Tee em Fish su.a Cali" PA 17013 TELEPHONE: (717)243-3341 SUPREME COURT ID # 0813 ATTORNEY FOR: Deftadma / Dater. Selff o the Court BY THE COURT: ,&Mid b, 11 Prothonotary, Civil Division Deputy CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Certificate Prerequisite to Serve a Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott McPartland, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street Suite A Harrisburg, PA 17111-5260 MARTSON LAW OFFICES By Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 12, 2011 f ? CHAD L. WELCOMER, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA ?1 I r; V. NO.: OS - 5993 CIVIL ACTION - LAW u,T RACHEL BANEY, `g m Defendant, JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL DISWdRf, AND NOW COMES, Plaintiff, Chad L. Welcomer, by and through his counsel, The Law Office of Leslie David Jacobson, who files this Answer to Defendant's Motion to Compel Discovery, and in support thereof, states the following: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Dr. Papandrea has previously treated Plaintiff for minor neck and back pain. It is denied that this pain was severe. 4. Admitted. 5. Admitted. 6. Admitted. In further response, it is not clear to Plaintiff why these records contained redacted information. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. NEW MATTER 11. On October 18, 2011, Plaintiff executed an Authorization for Release of Patient Information. 12. This release was faxed to the Holy Spirit Hospital Health Information Services Department along with a copy of the October 5, 2011 Order of Court. 13. The Department indicated that they would comply with the request in an expedited manner. 14. Plaintiff remains hopeful that these records will be available on or before October 26, 2011. Respectfully Submitted, THE LAW OFFICES OF LESLIE DAVID JACOBSON Date: 10/21/11 Scott artl ID # 209669 Leslie D. Jacobson ID# 52673 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 2 CHAD L. WELCOMER, SR. Plaintiff, v. RACHEL BANEY, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05 - 5993 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL George B. Faller, Jr., Esq. 10 East High Street Carlisle, PA 17013 DATED: 10/24/11 3 'zm T PRAECIPE FOR LISTING CASE FOR TRIAL $ M :7, ?- r (Must be typewritten and submitted in triplicate) -<> C TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: :zCD D r -? f X? for JURY trial at the next term of civil court. ? for trial without a jury. ------------------------------------------------------------------------------ i -; --------------- cm v ---- - -------------------- CAPTION OF CASE (entire caption must be stated in full) CHAD L. WELCOMER, SR., vs. RACHELBANEY vs. (Plaintiff) (Defendant) (check one) X? Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on March 27, 201 and Trials commence on April 23, 2012 Pretrials will be held on April 11, 2012 (Briefs are due S days before pretrials No. 05-5993 Term Indicate the attorney who will try case for the party who files this praecipe: George B. Faller, Jr., Esquire, MARTSON LAW OFFICES Indicate trial counsel for other parties if known: Scott McPartland, Esquire, LAW OFFICES OF LESLIE DA This case is ready for trial. Signed: ?A!:7 V-W- V Print Name: George B. Faller, Jr., Date: 2/27/12 ire Attorney for: Defendant ? ,?q. ?sPd f??j P? as'a i o 71 yo`? CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RACHEL BANEY, Defendant 05-5993 CIVIL TERM IN RE: CONTINUANCE OF TRIAL ORDER OF COURT AND NOW, this 27th day of March, 2012, pursuant to a letter received by the Court Administrator's Office and at the request of the Plaintiff's attorney and without objection from defense counsel, trial in this matter is hereby moved to the week of July 23, 2012. By the Court, Christyl( e L. Peck, J. „ 1 4A? ?r _ v Scott McPartland, Esquire 8150 Derry Street, STE A r- c Harrisburg, PA 17111 For the Plaintiff (.,George B. Faller, Esquire 10 East High Street Carlisle, PA 17013 For the Defendant pcb (10( PS r CHAD L. WELCOMER, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA; V. NO.: 05 - 5993 CIVIL ACTION - LAW RACHEL BANEY, Defendant, JURY TRIAL DEMANDED rte- `'; C"? MOTION FOR TRIAL CONTINUANCE _d- 4.J AND NOW COMES, Chad L. Welcomer, through Jacobson, Julius & McPartland, wh files this Motion for Trial Continuance, and in support thereof, state as follows: 1. Plaintiff commenced the above-referenced action following a motor vehicle accident that occurred on or about November 28, 2003. 2. The case is listed for the trial week commencing July 23, 2012. 3. The case arises out of a motor vehicle accident. 4. At the time of the accident, Plaintiff was covered under a limited tort policy. 5. Plaintiff has not been able to secure the services of an expert physician to testi on his behalf. 6. Plaintiff has limited financial means. 7. Plaintiff is not able to effectively present his case without an expert physician testify on his behalf. 8. Plaintiff requests an additional six months to secure the services of an expert physician who is willing to testify on his behalf. 9. In the event Plaintiff is not able to secure such expert physician within this time frame, a pre-trial conference should be scheduled to discuss the merits of the case moving forward. WHEREFORE, the undersigned respectfully requests this Honorable Court grant a six, month Continuance of the Trial term. Respectfully Submitted, JACOBSON, JULIUS & MCPARTLAND Dated: 07/10/2012 Scott M and Attorney I.D. No.: 209669 Leslie D. Jacobson Attorney I.D. No.: 52673 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 CHAD L. WELCOMER, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 05 - 5993 CIVIL ACTION - LAW RACHEL BANEY, : Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this d served upon the following person in the manner indicated below: VIA HAND DELIVERY George B. Faller, Jr., Esq. 10 East High Street Carlisle, PA 17013 DATED: 07/11/2012 Attorney for Plaintiff CHAD L. WELCOMER, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL BANEY, DEFENDANT NO. 05-5993 CIVIL IN RE: MOTION FOR TRIAL CONTINUANCE ORDER OF COURT AND NOW, this 11th day of July, 2012, upon consideration of Plaintiff Chad L. Welcomer's Motion for Trial Continuance, and the Court noting that this case was filed in 2005, and the Defendant objects to request for the continuance; IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Trial Continuance is DENIED. ""Scott McPartland, Esquire Counsel for Plaintiff George Faller, Jr., Esquire Katie Maxwell, Esquire Counsel for Defendant ?{f R&U. t eC( '7/11 By the Court, Court Administrator 7?l? f l ?- bas l M. L. Ebert, Jr., J. '7 r.,a f° r ' CY < . r3 CHAD L. WELCOMER, SR., PLAINTIFF V. RACHEL BANEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5993 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 11th day of July, 2012, after pre-trial conference with counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this matter will be Scott McPartland, Esquire for Plaintiff and George Faller, Esquire and Katie Maxwell, Esquire for Defendant. 2. There is no judicial conflict in this case. 3. Counsel has indicated that the trial will take approximately 2 days. 4. Jurors will not be permitted to take notes. 5. Each party will be granted four peremptory challenges. 6. There is no need for a view in this matter. 7. The parties shall prepare an exhibit list. Two copies of this exhibit list shall provided to the Court on or before 12:00 p.m. on Friday, July 20, 2012. All visual aids used in the case shall be disclosed to the opposing party. 8. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on Friday, July 20, 2012, a list of the numbered standard jury instructions the pa is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 9. On or before 12:00 p.m. on Friday, July 20, 2012, the parties will provide a proposed verdict slip to the Court for review. By the Court, Scott McPartland, Esquire Attorney for Plaintiff ? Katie Maxwell, Esquire Attorney for Defendant Court Administrator - 6AS 7] IiJI ?- bas I L F??S &a, lid 711 gj?&- to ?` 2 ? L r E?? GJ 7- r FAFILESTlientsU090 Travelersl1090.Curtentl9090.857 Boecker\3090.857.motion in limine Revised: 7/19112 1 I :00AM George B. Faller, Jr., Esquire FILED - O ffI n I.D. No. 49813 (. = HE PROTHO Katie J. Maxwell, Esquire I.D. No. 206018 2812 JUL 19 AM I1: 32 MARTSON DEARDORFF WILLIAMS OTTO GILROY kb*AND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CHAD L. WELCOMER, SR., Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI` NO. 05-5993 CIVIL ACTION - LAW RACHEL BANEY, Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION INLIMINE OR TO PRECLUDE EXPERT TESTIMONY AND NOW, comes the Defendant, Rachel Baney, by and through her attorneys, MAR LAW OFFICES, and files this Motion as follows: 1. This case arises out of an automobile accident that occurred on November 28, 2. Defendant filed a Motion for Summary Judgment alleging that Plaintiff was by the limited tort option and that Plaintiff s treating doctor's testimony and reports did not meet standard of saying Plaintiff sustained a serious injury as a result of this accident. 3. Plaintiff responded to that Motion for Summary Judgment by stating that testimony of the treating physician, Dr. Augustus J. Papandrea, Jr., was sufficient to get them t a jury on the question of whether Plaintiff sustained a serious injury. 4. The Motion for Summary Judgment was denied and the issue of Dr. PapandrA's testimony was left to be decided by a jury. 5. Defendant listed the case for trial for the April 2012 Term of Court. 6. The case was continued from the April Term of Court to the July Term of Court Order of Judge Peck dated March 27, 2012, at the request of Plaintiff. 7. Despite the additional time and nine and one-half (9 '/2) years since the date of accident, Plaintiff does not have a medical expert since Dr. Papandrea has now refused to testify Plaintiff s behalf. 8. Since Plaintiff has failed to provide the name of an expert witness in his Pre- Memo or supply an expert report to the Defendant with trial being four (4) days away, Defendant hereby requests that this Court preclude Plaintiff from offering any expert testimony at the trial of this matter. WHEREFORE, Defendant prays Your Honorable Court to grant her Motion In Limine Preclude Expert Testimony of Plaintiff at trial in this matter. MARTSON LAW OFFICES By I George . Faller, Jr., 10 East High Street Carlisle, PA 17013 (717) 243-3341 to Attorneys for Defendant Date: July 19, 2012 VERIFICATION George B. Faller, Jr., Esquire, of the firm of MARTSON DEARDORFF WILLIAMS O TO GILROY & FALLER, attorneys for Defendant Rachel Baney in the within action, certifies that the statements made in the foregoing Motion are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the pen ies of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. George B. Faller, Jr., squire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Faller, hereby certify that a copy of the foregoing Motion was served this date by faxing same Scott McPartland, Esquire LAW OFFICES OF LESLIE DAVID JACOBSON 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 (Via facsimile -909-7788) MARTSON LAW OFFICES Y Tricia D. kenroad Ten East igh Street Carlisle, PA 17013 (717) 243-3341 Dated: July 19, 2012 CHAD L. WELCOMER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RACHEL BANEY, Defendant NO. 2005-5993 CIVIL TERM IN RE: MOTION FOR NONSUIT ORDER OF COURT AND NOW, this 23rd day of July, 2012, upon rev of Defendant's motion in limine and the calling of this case f trial where Plaintiff's counsel cannot produce Plaintiff or provide a satisfactory excuse for his absence, and Defendant's oral motion for a nonsuit pursuant to Pennsylvania Rules of Ci4il Procedure Rule 218(A), Defendant's request for a nonsuit is granted. By the Court II ?I Thomas A. Placey C.P.J. ;/ Scott McPartland, Esquire For Plaintiff V George Faller, Jr., Esquire Katie Maxwell, Esquire For Defendant ?/Court Administrator N3 cn -< N : mae r - C? > cn -< rv