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HomeMy WebLinkAbout06-0373JAMES E. COHICK and M. JANE COHICK, Plaintiffs V. MATTHEW D. ROBINSON, Defendant 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 the pleadings and Notice are served, 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 pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 37'3 CIVIL TERM JURY TRIAL DEMANDED Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayn6F. Shade Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs JAMES E. COHICK and M. JANE COHICK, Plaintiffs V. MATTHEW D. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 373 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs JAMES E. COHICK and M. JANE COHICK, are adult individuals who reside at 6539 Brethren Church Road, Newburg, Franklin County, Pennsylvania 17240, and who at all times relevant hereto have been husband and wife. 2. Defendant MATTHEW D. ROBINSON is an adult individual who resides at 39 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania 17013. 3 On May 16, 2004, at approximately 6:43 P.M., Defendant was proceeding in an easterly direction along Pennsylvania Route 533 toward the intersection with Pennsylvania Route 997 in Letterkenny Township, Franklin County, Pennsylvania. 4. At the aforesaid time and place, there was a clearly visible stop sign at the WAYNE F. SHADE Attorney at I.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 intersection of Pennsylvania Route 533 and Pennsylvania Route 997 that required vehicles traveling in an easterly direction along Pennsylvania Route 533 to stop and yield the right-of-way to vehicles traveling on Pennsylvania Route 997. 5. As Defendant approached the intersection of Pennsylvania Route 533 and Pennsylvania Route 997, he passed a Pennsylvania Department of Transportation sign that warned him that there was a stop sign ahead. 6. The Pennsylvania Department of Transportation sign was approximately 350 feet west of the intersection of Pennsylvania Route 533 and Pennsylvania Route 997. 7. At the aforesaid time and place, it was daylight; and there were no atmospheric or meteorological conditions that were adverse to operation of a motor vehicle. 8. When Defendant reached the intersection of Pennsylvania Route 533 and Pennsylvania Route 997, he did not stop at the stop sign that required the vehicles traveling in an easterly direction along Pennsylvania Route 533 to stop and yield the right-of-way to vehicles traveling on Pennsylvania Route 997. WAYNP. F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 9. As a result of the failure of Defendant to stop at the stop sign, he struck a vehicle that was being operated by Plaintiff JAMES E. COHICK and in which Plaintiff M. JANE COHICK was a passenger. 10. Plaintiffs' vehicle was traveling in a southerly direction on Pennsylvania Route 997 and was passing through the intersection when it was struck by the vehicle of Defendant. it. Defendant and his two passengers told the investigating state police trooper at the scene that Defendant's vehicle was traveling at a speed of 45 miles per hour and that Defendant did not see the stop sign. 12. Defendant's vehicle left no skid marks prior to the point of impact of the two vehicles. 13. Defendant's vehicle was stopped by the vehicle and bodies of Plaintiffs. W AYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 14. The collision was directly and proximately caused by the negligence, gross negligence, recklessness and willful disregard for the safety of Plaintiffs on the part of Defendant, in the following respects: (a) Operation of Defendant's vehicle in a careless, reckless and grossly negligent manner; (b) Operation of Defendant's vehicle at an excessive rate of speed under the circumstances; (c) Operation of Defendant's vehicle with no warning of approach or intended direction; (d) Operation of Defendant's vehicle in such a manner as to fail to have the vehicle under the proper control so as to be able to stop the vehicle within at the stop sign as required by 75 Pa.C.S. §3323; (e) Operation of Defendant's vehicle without due regard to the rights, safety and positions of Plaintiffs; (f) Failing to maintain Defendant's vehicle under such control as to prevent it from striking the vehicle of Plaintiffs; WAYNE F. SHADE. Atlomey at Law 53 West Pomfret Street Carlisle, Pennsylvanaa 17013 (g) Failing to maintain a proper lookout; -4- (h) Failing to observe the vehicle of Plaintiffs; (i) Upon observing the vehicle of Plaintiffs, failing to yield the right-of-way to the vehicle of Plaintiffs; 0) Failing to take evasive action in order to avoid impacting the vehicle of Plaintiffs; and (k) Failing to apply the brakes in sufficient time to avoid striking the vehicle of Plaintiffs. 15. At all times material hereto, Plaintiff JAMES E. COHICK was acting with due care and was not contributorily negligent. 16. The force of the collision rammed the console of the Cohick vehicle into the chest and abdomen of Plaintiff JAMES E. COHICK, and his head struck the rearview mirror. 17. Plaintiff JAMES E. COHICK also suffered trauma to his spine and several scalp lacerations when his head struck the rearview mirror. 18. Although he was dazed, Plaintiff JAMES E. COHICK never lost consciousness. W AYNE F. SHADE Attomev at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 -5- 19. As a result of the conduct of Defendant, Plaintiff JAMES E. COHICK suffered strained muscles all the way down his neck and back and general traumatic injuries over his entire body, from which he has suffered general pain and discomfort from the date of the collision to the present time. 20. At the time of his injury, Plaintiff JAMES E. COHICK was self-employed as a farmer. 21. The physical demands of the work of Plaintiff JAMES E. COHICK required heavy lifting and the operation of farm equipment for several hours per day. 22. Any attempt by Plaintiff JAMES E. COHICK to perform the required labor in his business severely aggravates the residual painful conditions caused by his injuries to the point that he is in constant pain. 23. Plaintiff JAMES E. COHICK believes and therefore avers that he will continue to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 suffer chronic pain as a result of his injuries for the remainder of his twenty year life expectancy from the date of the collision. -6- 24. As a result of his injuries, Plaintiff JAMES E. COHICK has incurred substantial medical bills and expenses, and believes and therefore avers that he will continue to incur medical bills and expenses for the remainder of his twenty year life expectancy from the date of the collision. 25. As a result of the conduct of Defendant, Plaintiff JAMES E. COHICK has suffered serious interruptions of his daily habits and pursuits and enjoyment of life to his substantial and permanent detriment and loss. 26. Plaintiffs have lived in marital cohabitation continuously since the date of their marriage on September 23, 1970. 27. The chronic pain of Plaintiff JAMES E. COHICK has been such as to have caused him to be frustrated, depressed and irritable to the point that both Plaintiffs have been deprived and will continue for the remainder of his twenty year life expectancy, from the date of the collision, to be deprived of the society, companionship, contributions and consortium of the other to their substantial detriment and loss. WAYNt F. SHADF Attorney at Law 53 Woo Pomftet Street Carlisle, Pennsylvania 17013 -7- 28. The force of the collision was such as to fracture the neck of Plaintiff M. JANE COHICK. 29. Plaintiff JAMES E. COHICK was directly beside Plaintiff M. JANE COHICK when she was severely injured. 30. Because Plaintiff JAMES E. COHICK never lost consciousness, he observed the severity of her injuries which also included profuse bleeding from a 16 centimeter laceration in her forehead and scalp that went into the bone. 31. Because Plaintiff JAMES E. COHICK never lost consciousness, he observed the severity of his wife's pain and suffering. 32. It was necessary to cut Mrs. Cohick out of the vehicle. 33. With so much blood everywhere, Plaintiff JAMES E. COHICK thought that his wife, of then thirty-four years and the mother of his three children, was going to die. WAYNE. F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -8- 34. For two months after her surgery, Plaintiff M. JANE COHICK could not lay down in a bed without severe pain. 35. Plaintiff M. JANE COHICK cannot turn her neck. 36. Anything that involves twisting and turning causes severe pain to Plaintiff M. JANE COHICK. 37. Plaintiff M. JANE COHICK also has severe pain in her lower back which radiates down her left leg. As a result of her constant pain, she is unable to attend to most of her household duties. 38. Plaintiff M. JANE COHICK remains under treatment today from her severe pain, but the treatment does not eliminate her pain. 39. Because Plaintiff M. JANE COHICK's injuries were so severe, she needed as WAYNE F. SHAM Attorney at law 53 West Pomfret Street Carlisle, Pcnnsyl,ania 17013 much help as possible at the time of her injuries, but her husband was unable to help her because of his injuries. -9- 40. Because the pain that results from the physical demands of his farming activities leaves Plaintiff JAMES E. COHICK frequently exhausted, he is unable to assist Plaintiff M. JANE COHICK to perform the household chores that Plaintiff M. JANE COHICK is unable to perform. 41. Plaintiff M. JANE COHICK has needed to continually rely on other relatives for the help that she needs. 42. In addition to the initial acute pain and suffering from the traumatic injuries to Plaintiff JAMES E. COHICK and his continuing chronic pain and suffering therefrom, he has also suffered emotional distress from the lingering effects of his injuries and from witnessing the severe injuries to his wife of now more than thirty-five years. 43. Because Plaintiff JAMES E. COHICK has continued to operate the farm through his constant pain, his loss of income has been limited to $4,000 for more than 100 large round bales of alfalfa that were cut and laying in the field at the time of his injury and which could not be baled before it had been damaged by rain. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $35,000 plus costs and interest. Wayne . SP hade, Esquire Supreme Court I.D. #15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: January u , 2006 James E. Cohick A Jane Cohick WAYNE; F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 \\PP. p ` ?_ M `. V`" +.,? Q o? -,-: r? ?i ? A _ ?, v. 1 ?? J ? __ ' V SHERIFF'S RETURN - REGULAR CASE NO: 2006-00373 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COHICK JAMES E ET AL VS ROBINSON MATTHEW D DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MATTHEW D DEFENDANT the at 2026:00 HOURS, on the 20th day of January , 2006 at 39 SPRING GARDEN ESTATES CARLISLE, PA 17013 MATTHEW ROBINSON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 .00 32.79 So Answers: R. Thomas Kline 01/23/2006 WAYNE SHAD Sworn and Subscribed to before By: me this al, day of (sZ7 A.D. Prot t y JAMES E. COHICK and M. JANE COHICK, Plaintiffs VS. MATTHEW D. ROBINSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-373 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Matthew D. Robinson, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY Date: .1 6 D6 1 / By: ,"-t ? Cagey . Shore, Esquire I.D. No. 85321 2411 North Front Street Harrisburg, PA 17110 7171232-9900 CERTIFICATE OF SERVICE AND NOW, this V Li day of February, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 y 6. Shore, Esquire ( ?t iC f?•' .. JAMES E. COHICK and IN THE COURT OF COMMON PLEAS M. JANE COHICK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. NO. 06-373 CIVIL TERM MATTHEW D. ROBINSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: James E. Cohick and M. Jane Cohick c/o Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: NEALON GOVER & PERRY By: C e G. Shore, Esquire I.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 JAMES E. COHICK and IN THE COURT OF COMMON PLEAS M. JANE COHICK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS, : NO. 06-373 CIVIL TERM MATTHEW D. ROBINSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1. Admitted based upon information and belief. 2. Denied. Matthew D. Robinson currently resides at 2204 Ritner Highway, Shippensburg, Pennsylvania, 17257. 3 - 13. Admitted based upon information and belief. 14. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 15. The averment contains a legal conclusion to which no response is required. To the extent that an answer is required, the averment is denied. 16 - 17. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 18. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. 19. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 20. Admitted based upon information and belief. 21 -22. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. 23 - 25. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 26. Admitted based upon information and belief. 27. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 28 - 29. Admitted based upon information and belief. 30 - 31. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of the averment at this time. To the extent that an answer is required, the averment is denied. 32. Admitted based upon information and belief. 33 - 41. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. 42. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 43. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. NEW MATTER 44. Paragraphs 1 through 43 are incorporated herein as if reference were made thereto. 45. The Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant respectfully requests that Judgment be entered in his favor. Respectfully submitted, NEALON GOVER & PERRY By A&,, , L s G. Shore, Esquire Attorney I.D. No. 85321 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date b, Lacu, VERIFICATION 1, Casey G. Shore, Esquire, make this Verification on behalf of the Defendant, Lester D. Robinson, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 1 *sey Shore, Esquire CERTIFICATE OF SERVICE AND NOW, this aN4 day of March, 2006, 1 hereby certify that I have served the foregoing Answer to Complaint with New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Casey G. Shore, Esquire t ? = i , _'- C.. c,'? ` 4# r JAMES E. COHICK and M. JANE COHICK, Plaintiffs VS. MATTHEW D. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-373 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the Verification of Matthew D. Robinson for the Verification previously provided by undersigned counsel. Respectfully submitted, NEALON GOVER & PERRY Date: 3 By: C L4?' G. Shore, -Esquire I.D. 0.85321 2411 North Front Street Harrisburg, PA 17110 7171232-9900 r VERIFICATION I, Matthew D. Robinson, verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: x z7 D6 , ? Matthew D. Robinson CERTIFICATE OF SERVICE AND NOW, this -J,?- day of March, 2006, 1 hereby certify that I have served the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 sey G. Shore, Esquire (1 ? .? ("? _:? -il ? nl,? v? !T IVY il:: U ?'. _.. C-.? ? ?__ ?l 4?j { r JAMES E. COHICK and M. JANE COHICK, Plaintiffs V. MATTHEW D. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-373 CIVIL TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER 44. The averments' of ¶¶l through 43 of Defendant's New Matter, being at issue, no response is required. 45. The averments' of ¶45 of Defendant's New Matter, being conclusions of law, no response is required. By way of further response, Plaintiffs aver that they are not in violation of the Pennsylvania Motor Vehicle Financial Responsibility Act in any respect. WHEREFORE, Plaintiffs demand that Defendant's New Matter be dismissed and that judgment be entered in favor of Plaintiffs and against Defendant. Wayne, Esquire Supreme Court I.D. 415712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNP. F. SHADE Attonmy al taw 53 West POmilei stmc: Ca d W c, Pennsylvania 17013 Attorney for Plaintiffs WAYNr P. SHADI At W rnev al Lew 53 West Pumtret Street Carlisle. Penns_plvania 17013 The statements H the foregoing Reply are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: April 11, 2006 4 ? e?w ".) E'. 6-6CL Janes E. Cohick M. Jane Cohick _, -, .. r.?.?, ?-.; r?? -? JAMES E. COHICK and M. JANE COHICK, Plaintiffs VS. MATTHEW D. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-373 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Matthew D. Robinson, with regard to the above-captioned matter. Respectfully submitted, Date: Off, NEALON GOVER & PERRY By: ase G. ore, Esquire I.D. 5321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this day of July, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 L?? G. hore, Esquire ..? = ,; _, -,_ ?« ,, :,. ._ JAMES E. COHICK and M. JANE COHICK, Plaintiffs VS. MATTHEW D. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-373 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Matthew D. Robinson, with regard to the above-captioned matter. Date: Respectfully submitted, NEALON GOV,ER & PERRY By: J n HeNey Allen, Esquire I. P. N . 84311 2 orth Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this (3'"-day of July, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Henley Allen, Esquire . „ { ? " ' 1 ?- i .r- ( c ?, CERTIFICATE r PREREQUISITE TO SERVICE OF A SUBPOENA ` bIt PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES COHICK & M. JANE COHICK, H/W TERM, CUMBERLAND -VS- CASE NO: 06-373-CV LESTER ROBINSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/01/2007 MCS be of JE/l EQ. At rney for DEFE DANT R1.23 133-H DE11-0669001 48332-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES COHICK & M. JANE COHICK, H/W -VS- LESTER ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 06-373-CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL GRAHAM MEDICAL CLINIC SUMMIT HEALTH CENTER DR. DEAN BURKHOLDER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: WAYNE SHADE, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced recordp may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/12/2007 CC: JENNI ALLEN, ESQ. - 06-122 PATRICIA HOFFMAN - 1554883866 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0351653 48332-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES COHICK & M. JANE COHICK, H/W File No. 06-373-CV VS. LESTER ROBINSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group, Lnc 1601 Market Street Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable-cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant j FEB 0 1 2007 Date: ce. v2W7 Seal of the Court 48332-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL MEDICAL RECORDS 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 48332 JAMES COHICK Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JAMES COHICR 6539 BRETHERN CHURCH RD., NEWBURY, PA 17240 Social Security #: 200-36-5768 Date of Birth: 03-11-1946 R1.16S 133-H SU10-0664318 48332-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA Fes, r PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES COHICK & M. JANE COHICK, H/W TERM, CUMBERLAND -VS- CASE NO: 06-373-CV LESTER ROBINSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/01/2007 MCS on behaG 1 Yw E E ALLEN, ESQ. orney for DEFENDANT R1.23 133-H DE11-0669002 48332-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES COHICK & M. JANE COHICK, H/W -VS- LESTER ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 06-373-CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL GRAHAM MEDICAL CLINIC SUMMIT HEALTH CENTER DR. DEAN BURKHOLDER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: WAYNE SHADE, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/12/2007 CC: JENNI ALLEN, ESQ. - 06-122 PATRICIA HOFFMAN - 1554883866 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0351653 48332-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES COHICK & M. JANE COHICK, H/W File No. 06-373-CV VS. LESTER ROBINSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for C AMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groff Inc , 1601 Market Street Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, M 0 12007 ? J-:7. -) E .2 007 Deputy Date: Seal of the Court 48332-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL RADIOLOGY DEPT. 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 48332 JAMES COHICK Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES COHICK 6539 BRETHERN CHURCH RD., NEWBURY, PA 17240 Social Security #: 200-36-5768 Date of Birth: 03-11-1946 R1.16S 133-H SU10-0664320 48332-LO2 CERTIFICATE F fI PREREQUISITE TO SERVICE OF A SUBPOENA Y4 , PURSUANT TO RULE 4009.22 t IN THE MATTER OF: COURT OF COMMON PLEAS JAMES COHICK & M. JANE COHICK, H/W TERM, CUMBERLAND -VS- CASE NO: 06-373-CV LESTER ROBINSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/01/2007 L J behalf ALL , ESQ. At o ney for DEFEND T R1.23 133-H DE11-0669003 48332-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES COHICK & M. JANE COHICK, H/W -VS- LESTER ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 06-373-CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL GRAHAM MEDICAL CLINIC SUMMIT HEALTH CENTER DR. DEAN BURKHOLDER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: WAYNE SHADE, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/12/2007 CC: JENNI ALLEN, ESQ. - 06-122 PATRICIA HOFFMAN - 1554883866 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0351653 48332-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES COHICK & M. JANE COHICK, H/W VS. LESTER ROBINSON File No. 06-373-CV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GRAHAM MEDICAL CLINIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Di FEB 0 1 2007 ?y Date: -jal7t) P. oZ Deputy Seal of the Court 48332-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GRAHAM MEDICAL CLINIC 100 SOUTH HIGH STREET NEWVILLE, PA 17241 RE: 48332 JAMES COHICK Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES COHICK 6539 BRETHERN CHURCH RD., NEWBURY, PA 17240 Social Security #: XXX-XX-5768 Date of Birth: 03-11-1946 R1.16S 133-H SU10-0664322 48332-L03 CERTIFICATE `.. ,., PREREQUISITE TO SERVICE OF A SUBPOENA 44' PURSUANT TO RULE 4009.22 1 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES COHICK & M. JANE COHICK, H/W TERM, CUMBERLAND -vs- CASE NO: 06-373-CV LESTER ROBINSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/01/2007 Wrney l??:' ALLEN, ECS?CQ/? / r DEFENDAN R1.2 3 133-H DE11-0669004 48332-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES COHICK & M. JANE COHICK, H/W -VS- LESTER ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 06-373-CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL GRAHAM MEDICAL CLINIC SUMMIT HEALTH CENTER DR. DEAN BURKHOLDER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: WAYNE SHADE, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/12/2007 CC: JENNI ALLEN, ESQ. - 06-122 PATRICIA HOFFMAN - 1554883866 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0351653 48332-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES COHICK & M. JANE COHICK, H/W File No. 06-373-CV VS. LESTER ROBINSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUMMIT HEALTH CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street, Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant FEB 01 2007 Date: , azoo 7 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil ' sion Deputy 48332-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUMMIT HEALTH CENTER 757 NORLAND AVE CHAMBERSBURG. PA 17201 RE: 48332 JAMES COHICK Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES COHICR 6539 BRETHERN CHURCH RD., NEWBURY, PA 17240 Social Security #: XXX-XX-5768 Date of Birth: 03-11-1946 . R1.16S 133-H SU10-0664324 48332-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES COHICK & M. JANE COHICK, H/W TERM, CUMBERLAND -VS- CASE NO: 06-373-CV LESTER ROBINSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/01/2007 C o behalf J ALLEN, ESQ. I A rney for DEFENDANT R1.23 133-H DE11-0669005 48332-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES COHICK & M. JANE COHICK, H/W -VS- LESTER ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 06-373-CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL GRAHAM MEDICAL CLINIC SUMMIT HEALTH CENTER DR. DEAN BURKHOLDER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: WAYNE SHADE, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon-the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/12/2007 CC: JENNI ALLEN, ESQ. - 06-122 PATRICIA HOFFMAN - 1554883866 MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0351653 48332-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES COHICK & M. JANE COHICK, H/W : File No. 06-373-CV VS. LESTER ROBINSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR DEAN BURKHOLDER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RmER **** - at The MCS Group, Inc.- 1601 Market Street, Suite 800800 PWIadelW a. PA 19103 - You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divi FEB 0 1 2007 Date: Deputy Seal of the Court 48332-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DEAN BURKHOLDER 9974 MOLLY PITCHER HWY SHIPPENSBURG, PA 17257 RE: 48332 JAMES COHICK Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES COHICS 6539 BRETHERN CHURCH RD., NEWBURY, PA 17240 Social Security #: XXX-XX-5768 Date of Birth: 03-11-1946 R1.16S 133-H SU10-0664326 48332-L05 i. i f cl:._ ° rC4 J JAMES E. COHICK and : IN THE COURT OF COMMON PLEAS OF M. JANE COHICK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW 06-373 CIVIL TERM : NO V C? N C) . . MATTHEW D. ROBINSON, .`° ` G' ' Defendant JURY TRIAL DEMANDE Da ?' ?1QY PETITION FOR APPOINTMENT .=` r + OF ARBITRATORS _ ?' TO THE HONORABLE, THE JUDGES OF SAID COURT: Wayne F. Shade, Esquire, counsel for Plaintiff in the above-captioned action, respectfully represents, as follows: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $50,000 or less plus costs and interest. 3. There is no counterclaim. 4. The following attorneys are interested in the case as counsel or are otherwise WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 disqualified to sit as arbitrators: (a) Wayne F. Shade, Esquire, attorney for Plaintiffs; and (b) Jenni Henley Allen, Esquire, and Nealon, Gover & Perry, attorneys for Defendant. WHEREFORE, Petitioner prays that your Honorable Court appoint three I arbitrators to whom the case shall be submitted. Date: August 13, 2007 - ;01 . Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 N u?Gr b w- CII) tr1 r r_ ap ?r K'+ V Q Ct Q J ycy-,? W t? _ J C3`" d w JAMES E. COHICK and : IN THE COURT OF COMMON PLEAS OF M. JANE COHICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. : NO. 06-373 CIVIL TERM MATTHEW D. ROBINSON, Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, , 2007, in consideration of the within Petition, &-41- _ &'A44Esquire', 11"d 17 , Esquire, and "6? l uA.G- , Esquire, are appointed as arbitrators in the above-captioned action. cv \ G Ed gar B. Bayley, P.J. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Howl 0 I .Ql t-r? 09A JAMES E. COHICK and M. JANE COHICK. MATTHEW D. ROBINSON, Plaintiffs In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06 -373 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co onwealth and that we will discharge the duties of our office with fidelity. Signature Signature ignature Daniel K. Deardorff, Esq. Name (Chairman) MARTSON LAW OFFICES Law Firm 10 East High Street Address James Decinti, Esq. Name Diekie Me. Can+eH ?-?r±?{e, PC Law Firm 1200 Cam Hill Bypass Suite 20 Address Anthony L. DeLuca, Esq Name Law Firm 113 Front Street, P.O. Box 358 Address Carlisle, PA 17013 Camp Hill, PA 17011 Boiling Springs, PA 17007 City, zip city, Zip city, zip 4 111S.3 ward # I D7(,o7 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) `Uai ?iI-d v- PL;Il?5 T11rz 0o.•?J'6s z' --1- 4c Nf" - XO II ``(1 i6 o J N e-in L? __ //?lj?t k F 70 00 b'?'? , ?? ??%u GCC 1 U,?/Ul??d: ccUr? ?lUin JG/ r1vr' Gt- 7/ Z 6- r, 16 - . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: I o i i Dani K. De d rff q (Charm) Date of Award: n? Jank,g eci i, sq. q • G' Notice of Entry of Award Now, the l5 day of j5^ ?hP r , 2007 , at q:3,2 -&-.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbi . ators' compensation to be paid upon appeal: $ Wo. 00 .l By: a rothonotary Deputy r'^ ? ca C3 ? )# v?- tJp e Cow Cv, i? ?rxl IDP ?fv- j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , Ja,,,e g, a c?k+' Jam, C44 \lck Plaintiff Vs File No. Lo-373Civil Term e,,? ? llSo/l Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that e v? . ? PA50A appeals from the award of the board of arbitrators entered in this case on (`Abwr /6, oZa7 A jury trial is demanded. (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appell or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. 0 W row. 01 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (Entire caption must be stated in full) JAMES E. COHICK and M. JANE COHICK, Plaintiffs V. MATTHEW D. ROBINSON, Defendant (check one) ( ) Civil Action - law (X) Appeal from Arbitration (other) The trial list will be called on March 4, 2008. Trials commence on March 31, 2008. Pretrials will be held on March 12, 2008. (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 373 Civil Term 2006 Indicate the attorney who will try case for the parry who files this praecipe: Wayne F. Shade, Esquire. Indicate trial counsel for other parties if known: Casey G. Shore, Esquire, of Nealon Gover & Perry. This case is ready for trial. Signed: G'?syue /: c= Print Name: Wayne F. Shade, Esquire Date: January 8, 2008 Attorney for: Plaintiff C= -n rn- - ? co k ? <w R #2 JAMES E. COHICK and IN THE COURT OF COMMON PLEAS OF M. JANE COHICK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ? C=3- O Co V. NO. 06-373 CIVIL TERM -r?c MATTHEW D. ROBINSON, c<, N ,•-j, _r_ _? {? Defendant JURY TRIAL DEMANDED ?-,: --•, ,,??; h3 ,? IN RE: PRETRIAL CONFERENCE _J A pretrial conference was held Wednesday, March 12, 2008, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Wayne F. Shade, Esquire, and present for the Defendant was Casey G. Shore, Esquire. This is a motor vehicle accident in which liability is admitted. The only issue at trial will be the nature and extent of the damages to Plaintiff James E. Cohick and the loss of consortium of Plaintiff M. Jane Cohick. While the wife sustained injuries in the accident, the claim for her own injuries has been settled. The parties anticipate the trial will take only one day. The only scheduling conflict appears in another case in which Mr. Shore is involved. That is Case No. 9 on the trial list. This case should be scheduled to go after No. 9. The parties have agreed that the Defendant will be available at trial so the Plaintiff need not subpoena him. The parties have already exchanged exhibits. Any objection to those exhibits shall be made in the form of a motion in limine. All motions in limine shall be filed, with supporting authority, by March 20, 2008. All responses, with supporting authority, shall be filed by March 27, 2008. The parties are very far apart in their negotiations. Settlement is unlikely. By the Court, Edward E. Guido, J. Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 For the Plaintiffs Casey G. Shore, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 For the Defendant Prothonotapy-**' Court Administrator srs JAMES E. COHICK and : IN THE COURT OF COMMON PLEAS OF M. JANE COHICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. : NO. 06-373 CIVIL TERM MATTHEW D. ROBINSON, Defendant JURY TRIAL DEMANDED NOTICE You are hereby notified to file a written answer to the attached Motion for Damages for Delay within twenty (20) days from the filing of the Motion or the delay damages sought in the Motion may be added to the verdict or decision against you. g v -e /jZ& Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAY" F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 JAMES E. COHICK and M. JANE COHICK, Plaintiffs V. MATTHEW D. ROBINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-373 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR DAMAGES FOR DELAY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Motion of Plaintiffs JAMES E. COHICK and M. JANE COHICK, by their attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: 1. On April 2, 2008, a jury awarded damages to Plaintiffs in the above-captioned action for damages for bodily injury. 2. Defendant never made any written offer of settlement in any amount. 3. The Complaint was served on January 20, 2006. 4. The per diem interest rate for delay damages for the period from January 20, 2007, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 through January 1, 2008, was .0825/365 = .0002260. 5. The per diem interest rate for delay damages for the period from January 2, 2008, through April 2, 2008, was .0725/366 = .0001981. 6. Plaintiffs did not cause any delay in the trial of this matter. 7. The delay damages for January 20, 2007, through January 1, 2008, are $90,000 multiplied by 346 days multiplied by .0002260 per day or $7,037.64. 8. The delay damages for January 2, 2008, through April 2, 2008, are $90,000 multiplied by 91 days multiplied by .0001981 per day or $1,622.44. 9. The total delay damages are $8,660.08. WHEREFORE, Plaintiffs respectfully request that your Honorable Court mold the verdict to include delay damages in the amount of $8,660.08 for a total verdict amount of $133,660.08 plus costs and interest from April 2, 2008. Date: April 3, 2008 Respectfully submitted, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs JAMES E. COHICK and : IN THE COURT OF COMMON PLEAS OF M. JANE COHICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. : NO. 06-373 CIVIL TERM MATTHEW D. ROBINSON, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiffs' Motion for Damages for Delay in the above-captioned matter upon Defendant herein by first class United States mail, postage prepaid, to his counsel of record, Casey G. Shore, Esquire, Nealon Gover & Perry, 2411 North Front Street, Harrisburg, Pennsylvania 17110. Date: April 3, 2008 - "",/ ?? Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. S14ADF' Attomey at Law 53 West Pomfret Stree[ Carlisle, Pennsylvania 17013 - --ra c z =< JAMES E. COHICK : IN THE COURT OF COMMON PLEAS OF And M. JANE COHICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. MATTHEW D. ROBINSON, Defendant : NO. 2006 - 373 CIVIL TERM CIVIL ACTION - JURY TRIAL VERDICT SLIP QUESTION # 1 State the amount of damages which you award to James E. Cohick. $90voo QUESTION # 2 State the amount of compensatory damages, if any, which you award to Mary Jane Cohick for her loss of consortium. $ .?5, DOCK DATE `f 2 Aill FOREPERSON CA SE NO.: o? COURTROOM NO.: rrx Ja me< 1'. 6 A,'ck "' M. 3A'he L'04.clf VS {'!'(a1* iD ? A Q?6;isoh DOCKET NO.: C & -373 i y, I DATE: rnQ r-cli ?/- :90e)6:- juror # Name Random No. I 85 AUGUSTINE, WILLIAM J. -2075371210 47 GAGNON, LINDA M -1984114474 3 74 KINDLER, KATHLEEN -1923561423 7f -- II('Vr -- --C?1\1, 46 KANN, VICKI SUE -1860000183 aa M -APL - ?- 3 P _ -94- GLA 4 (i 63 SHEARER, JACOB F r w_.....e .. 4347936824_ -1294369581 i ( 80 MYERS, LORI J -1093403510 91 TYLER, JOHN D. -755156830 3 78 MILLER (PEIFFER), DEBORAH K. -603474436 t 67 HOFSASS, RONALD -537675761 64- 9 ^?4? 6 AED I -, - - n 90 WARD, DON L. -299665211 A :- s - 18 54 KECK, JOEL M. 11991451 _._. _. y -76 _ ____SCHA'FFNER;S`I'ACY'-L..._ W (} 92 HUNTER, EDITH 367296635 ___ EPPER DARRIN R: _ 377580098.. 23 57 SCHIAPPA, JACQUELINE L 719442542 4 64 SHOCKEY, SUSAN 740328216 CHER, RICHARD 763756299 6 79 DUDA, MICHAEL E. 769353037 73 SANDERSON, CHRIS 795981552 ? 65 SPECK, BERTHA M. 1165925177 29 68 TROY, RICHARD O. 1307890852 0 48 BEERS, WENDY SUE 1632696735 ( 58 KRONENBERG, ANDREW S 1648415063 1 , 59 ROUSH, ROBERT JR. 1681454668 66 FORTNEY, LESTER E. 1744207622 49 CHANDLER, VALERIE 1749072628 56 ELLISON, SUSAN 1817871681 36 75 HARRIS, DONALD W. 1941386910 Monday, March 31, 2008 Page 1 of 2 j )) au7lo pL'CfQ??i', M #" Juror # 62 50 1 9 84 Monday, March 31, 2008 Name SCHERM, LINDA DAWOOD, DANNY A. WEISS, DAVID W.,JR. Random No. 1945007450 1951929573 1968106537 Page 2 of 2 cler?rot, 4 - Atty_ Jury Panel for Courtroom No. Juror # Name 46 KANN, VICKI SUE 47 GAGNON, LINDA M 48 BEERS, WENDY SUE 49 CHANDLER, VALERIE 50 DAWOOD, DANNY A. 53 KNEPPER, DARRIN R. 54 KECK, JOEL M. 55 LITZENBERGER, JULIE A. 56 ELLISON, SUSAN 57 SCHIAPPA, JACQUELINE L 58 KRONENBERG, ANDREW S 59 ROUSH, ROBERT JR. 61 MIXELL, DONALD L 62 SCHERM, LINDA 63 SHEARER, JACOB F 64 SHOCKEY, SUSAN 65 SPECK, BERTHA M. 66 FORTNEY, LESTER E. 67 HOFSASS, RONALD 68 TROY, RICHARD O. 69 KIRSCH, TERRENCE M 71 ECKERT, SHERI L. 72 BLOCHER, RICHARD P 73 SANDERSON, CHRIS 74 KINDLER, KATHLEEN 75 HARRIS, DONALD W. 76 SCHAFFNER, STACY L 78 MILLER (PEIFFER), DEBORAH K. 79 DUDA, MICHAEL E. 80 MYERS, LORI J 82 ROWE, MELISSA J. 83 CLAAR, DEBRA A 84 WEISS, DAVID W.,JR. 85 AUGUSTINE, WILLIAM J. 87 SULLIVAN, JASON 88 LLOYD, DAVID E. 90 WARD, DON L. 91 TYLER, JOHN D. 92 HUNTER, EDITH Total number of jurors going to the courtroom: 39 Monday, March 31, 2008 Page 1 of 1