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HomeMy WebLinkAbout06-1160RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ....................................................................................................................... Doris L. Bricker, PLAINTIFF 530 Quail Court Mechanicsburg, PA 17050 NO. ?1Y1(?_ II(od Thomas Eugene Friend, II, DEFENDANT 105 Lesli Lane Carlisle, PA 17013 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff. Date: March 1, 2006 Richard F. Maf?f t,r., Esq. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS NCED AN ACTION AGAINST YOU. Dated: '/%J /, '20U6 J 1'3 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .................................................................................................................... Doris L. Bricker, PLAINTIFF 530 Quail Court Mechanicsburg, PA 17050 NO. 06-1160 Civil Thomas Eugene Friend, II, DEFENDANT :CIVIL ACTION - LAW 173 S. Cherry Lane Dillsburg, PA 17019 :JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue the writ of Summons in the above-captioned action, originally issued on March 1, 2006. Writ of Summons for Defendant shall be re-issued reflecting Defendant's address as 173 South Cherry Lane, Dillsburg, PA, 17019, and forwarded to the Cumberland County Sheriff. Date: March 27, 2006 /?' i ) Richard F. Maff , /_r:, Esq. (`? ?`' ? ? T. i ? ?*.} ? ,? -? _ ?? ? ? -.i f-^. --'< _? x? ?;: IF r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DORIS BRICKER, CIVIL DIVISION Plaintiff, NO. 06-1160 V. PRAECIPE FOR APPEARANCE THOMAS EUGENE FRIEND, II, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, CIVIL DIVISION Plaintiff, v. NO. 06-1160 THOMAS EUGENE FRIEND, II, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Thomas Eugene Friend, II, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Rauch, Esquire for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of '2006. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ZL K vin D. Rauch, Esquire Counsel for Defendant -, -, ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiff, V. THOMAS EUGENE FRIEND, II, Defendant. NO. 06-1160 CIVIL DIVISION PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiff, V. THOMAS EUGENE FRIEND, II, Defendant. CIVIL DIVISION NO. 06-1160 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Doris Bricker, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,rSKEEL, L.L.P. By: Klevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been ailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day ofC 2006. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. e in D. auch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiff, V. THOMAS EUGENE FRIEND, II, Defendant. CIVIL DIVISION NO. 06-1160 (Jury Trial Demanded) RULE AND NOW, this-, day of J 2006, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. / Rule issued this _Q L _-day of L 12006. r thou ary RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff .................................................................................................. DORIS L. BRICKER, :IN THE COURT OF COLON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v €NO. 06 - 1160 Civil Term THOMAS EUGENE FRIEND, II, ;CIVIL ACTION - LAW Defendant :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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 RICHARD F. MAFFETT, JR., ESQUIRE PA #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ............................................................................................................. DORIS L. BRICKER, Plaintiff v :NO. 06 - 1160 Civil Term THOMAS EUGENE FRIEND, II, Defendant :CIVIL ACTION - LAW ':aURY TRIAL DEMANDED ............................................................................................................: COMPLAINT AND NOW, this ?_h day of May, 2006, comes the Plaintiff, DORIS L. BRICKER, by her attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 1. Plaintiff, Doris L. Bricker, is an adult individual who currently resides at 530 Quail Court, Mechanicsburg, Cumberland County, PA, 17050. 2. Defendant, Thomas Eugene Friend, II, is an adult individual who currently resides at 173 South Cherry Lane, Dillsburg, York County, PA, 17019. 3. On March 4, 2004, at about 12:30 p.m., Plaintiff was a passenger in a vehicle driven by Ann M. Callahan which was stopped at a red traffic light on Market Street, at the intersection with South 18th Street, in Camp Hill, Cumberland County, PA. 4. At the same time, Defendant Thomas Eugene Friend, II, was driving his auto on Market Street, in Camp Hill, Cumberland County, PA., to the rear of the Callahan vehicle which Plaintiff was a passenger in. 5. At the aforesaid time and place, Defendant failed to stop his vehicle for traffic stopped at the red light and the front of his vehicle struck the rear of an automobile operated by Donna Dougherty, causing the front of the Dougherty auto to strike the rear of the Callahan auto in which Plaintiff was a passenger, as a result of all of which, Plaintiff suffered severe physical injury. 6. Defendant Thomas E. Friend, II owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his automobile in such a way as not to cause harm or damages to said other persons, and to Plaintiff in particular. 7. The collision and all of the injuries and damages to Plaintiff herein related are the direct result of the careless, 2 reckless, and negligent manner in which Defendant operated his automobile as follows: a. failing to properly observe other traffic, and acting without due regard for the position of the other vehicles on the roadway, including the vehicle containing Plaintiff; b. traveling too fast for conditions, in violation of 75 P.S. 3361; C. failing to maintain adequate control over his vehicle; d. failing to yield the right of way on the roadway; e. failing to apply his brakes in time to avoid striking the auto containing Plaintiff; and, f. following the vehicle containing Plaintiff too closely. 8. As a direct and proximate result of the aforesaid collision, Plaintiff suffered injuries including, but not limited to, the following: a. cervical sprain/strain; 3 b. aggravation of cervical degenerative disc disease; C. right shoulder contusions; d. chest contusions; and e. thoracic sprain/strain. 9. As a result of the injuries she received from the aforesaid collision, Plaintiff has incurred in the past, and will incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 10. As a further result of the aforesaid collision, Plaintiff has suffered permanent diminution of her ability to enjoy life and life's pleasures. 11. As a result of the injuries she received from the aforesaid collision, Plaintiff has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 12. As a direct and proximate result of the aforesaid collision, Plaintiff has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations 4 and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff, DORIS L. BRICKER, demands judgment against Defendant, THOMAS EUGENE FRIEND, II, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, X__11-a' Richard F. Maffet , Jr., Esquire 5 VERIFICATION I, DORIS L. BRICKER, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: !O??mG S`Dhli?bG Doris L. Bricker, Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing COMPLAINT upon counsel of record by First Class United States Mail, addressed as follows: Kevin D. Rauch, Esquire, Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, Pa. 17043 Dated: May 16, 2006 I - XA Richard F. Maffe tP,' J ., Esquire n m rn f _ c ,^ .p , t SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01160 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRICKER DORIS L VS FRIEND THOMAS EUGENE II R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FRIEND THOMAS EUGENE II but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT , FRIEND THOMAS EUGENE II LESLI LANE CARLISLE, PA 17013 DEFENDANT MOVED TO 173 S CHERRY LANE DILLSBURG Sheriff's Costs: So answers Docketing 18.00 -/ " Service 7.04 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage .39 40.43 RICHARD MAFFETT JR 03/10/2006 Sworn and subscribed to before me this delAlt day of D}tiruc!" ?U A.D. Pro onoi A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiff, V. THOMAS EUGENE FRIEND, II, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from sere a hereof or a judgment mau-?"DWed4Wi% vou. Sum/ners, McDonnell, Hudock, Gut rie & Skeel, L.L.P. CIVIL DIVISION NO. 06-1160 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14538 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiffs, CIVIL DIVISION V. THOMAS EUGENE FRIEND, II, Defendant. NO. 06-1160 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Thomas Eugene Friend, II, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted in part, denied in part. It is admitted Plaintiff was in a vehicle on the stated date, time, and place. It is denied, however, that the Plaintiffs vehicle was stopped at a traffic light. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that the Defendant's vehicle collided with the Dougherty vehicle. The remainder of the allegations in paragraph 5 state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 7 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Thomas Eugene Friend, II, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of 'Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Thomas Eugene Friend, II, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,.SKE€L, LL-.P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW 'MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that: the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Thomas Eugene Friend, II #14538 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been fmailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of _ '2006. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. n in D. Rauch, Esquire C unsel for Defendant !' ? ra c? ca ? _ ?t _ ? '??:?1._i _ -? _ _ ? .y... ., . ` _ ? ! ? `?i - „C} (.wJ _ _ ?? ? SHERIFF'S RETURN - OUT OF COUNTY CASE` NO: 2006-01160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRICKER DORIS L VS FRIEND THOMAS EUGENE II R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FRIEND THOMAS EUGENE II but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 28th , 2006 , 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 97.76 Postage .78 So answer R. Thomas Kline Sheriff of Cumberland County 1 J J. J R 04/28/2006 RICHARD MAFFETT JR Sworn and subscribed to before me this 1'75? day of -206 A.D. Prothonotary 9 6:'t- e Nne) COUNTY OF YORK RICE 7)7711 9601E OFFICE OF THE SHERIFF S( 1 45 N. GEORGE ST., YORK, PA 17401 1. PLAINTIFFIS/ - 2 Doris L. Bricker SHERIFF SERVICE I ham°, 'ul'3 i PROCESS RECEIPT and AFFIDAVIT OF RETURN Thomas Eugene Friend II I Writ of Sutmons W 0 S U M SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Thomas Eugene FY-iend II 6. ADDRESS (STREET OR RFO WITH BO% NUMBER, APT NO., CITY, BORO. TW?., STATE AND ZIP CODE) AT 173 South Cherry Lane Dillsbur , PA 17019 7. INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE DEPUTIZE Frnd U 1ST CLASS MAIL U POSTED 'J pTHER NOW 3/29 / 20 06 I, SHERIFF OF ? COUNTY, PA, do hereby deputize the sheriff of YOT COUNTY to execute th i - ake return Jaccording to law. This deputization being made at the request and risk of the plaintiff., SMFGICC AC e. SPECIAL THAT OF COUNTY Please mail return of service to Cuanberland County Sheriff. Thank you. ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or atucMrq any property under within writ may leave same witlaut a watchman, in custody of whomever is found in possession, alter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any, loss, destruction. or fetishist of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE RICHARD F. M A F F E T T , J 10. TELEPHONE NUMBER 11. DATE FILED 2201 NORTH SECOND STREET, HARRISBURG, PA 17110 717-233-4160 3/27/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed). CUMBERLAND COUNTY SHERIFF 13. I acknowledge receipt of 0me writ 14. DATE RECEIVED 15. Expiration/Hearing Date a Completes! as indicated above. M J M C G I L L Y 0 / 3 0/ 2 0 0 6 141915112006 16. HOW SERVED. PERSO RESIDENC ( POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby ON* and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. AND TITL DMDUAL SERVED /LIST ADDgdLO HERE IF NOT SHOWN A (Relationship to Defendant) 19 a o/ nice 20. Time of Miles 24. 36 42. day ""CeAI--_. LISA L. BO VVMAN CITY OFYORK, Y RTKCOUNTYC MY COMMISSION EXPIRES AUG. 12, 2009 37. Notary Carl 138 46. 46. Signaaue of Foreign CouMV Sheriff Date I Time 29. Pound 30., Notary 31. Suralg. 0. Tot. 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Alty1w) ftv tyt y9t$P?'mpxfe S3' i0 }9Vtjerd tt )tit Ri?.r'al 8 ': ?'1 ¢ si - > ?e 3o91?t>riw iG „b4jN `?RY'+Br? y .. 4 IMi?l^,MGS (}i .fw?? t??i 7?7 w'f?':?9F ?+ F TT 341 Whh iJi E1 '!t?TG`asii.'n° >'u 'h"`?• a ?> `????n1?' ???? ??? S ?T?? ? '6 ? [ r z ? c. C• z i ' t t obi is??? ?? -. Tip ???h? t r r=, WIN o- M M7!@ , !7 I}F ! inv+4df Q i r .1t j j- ' G ? i?fGPlt ilpllkamazrl?' M/ttr:3=3 Y?!1 Th"3? ? Y`STtl? :{ 3. R',r72'8dth'I?rPy f a- - rJl .';, R,i?s4dLHC3s: `'? '•J?R.. .waslac z+fidvwn sew ,a.:c. °tvzes > s , azs^ ? _.>. ' 1. ? : :` 3 ,a, -•as'm =a. sd ? 1" ? . ,?,?`. l r?µ' a?JMI Mm'6 ? ?. > #ti ssbfE 1 'rq"t ?:rc3 I- il zp. ri r ,i Ii f7 1 ? . ° u+ w ?,la ? ?.repY ? a '" ?5f!! I"4A T5 } c tk 4mve tc si' iw I ?,.ug, ;<s as sc? a a»' a?Jt to kp' 9k w'^r'?p0. ?$:. at2 .e m, ?,,,A? r ac j rinJ rw® u ugh ?. ?? ? ?? ?'R "o 4, 1 r ? ,set '. a5 su yes, s 35AG LY z?r.. ? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiff, V. THOMAS EUGENE FRIEND, II, Defendant. CIVIL DIVISION NO. 06-1160 DEFENDANT'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiffs, CIVIL DIVISION V. THOMAS EUGENE FRIEND, II, Defendant. NO. 06-1160 (Jury Trial Demanded) DEFENDANT'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS AND NOW, comes the Defendant, Thomas Eugene Friend, II, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Answers and Responses, and in support thereof, avers the following: 1. On May 4, 2006, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated May 4, 2006, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rules of Civil Procedure 4009, Plaintiff's Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by June 2, 2005. 3. On June 30, 2006, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting the discovery responses, and granted a ten-day extension. (A true and correct copy of correspondence between the parties dated June 30, 2006, is attached hereto as Exhibit "B".) 4. On August 8, 2006, Defendant's counsel forwarded a letter to Plaintiff's counsel enclosing Defendant's discovery responses, and again requested Plaintiffs discovery, and granted an extension until August 18, 2006. (A true and correct copy of correspondence between the parties dated August 8, 2006, is attached hereto as Exhibit "C".) 5. To date, Defendant has not received any further correspondence from Plaintiff, or Plaintiff's counsel, regarding Defendant's Interrogatories or Request for Production of Documents. 6. It is necessary for the proper defense of this lawsuit that Plaintiff file full and complete discovery responses to Defendant's discovery requests. Accordingly, pursuant to Pennsylvania Rules of Civil Procedure 4019, Defendant respects this honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff in twenty (20) days, or suffer additional sanctions. 7. Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel; however, Plaintiff's discovery responses have not been received by the Defendant's counsel. WHEREFORE, Defendant, Thomas Eugene Friend, II, respectfully requests this Honorable Court to enter an Order compelling Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &.8KEEL.,L.L.P. By: uvK fvZ D. Rauch, Esquire Counsel for Defendant SUMMERS, MCDONNELL, HUDOCK, GU*-IRIE & SKEEL, L.L. ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD Guy E. BLASS GREGG A. GUTHRIE L.EMOYNE, PA 17043 JENNIFER M. IRVIN PETER B. SKEEL PHONE: 717-901-5916 MARK J. GOLEN PATRICK M. CONNELLY* BRETT L. HUSTON JEFFREY C. CATANZARITE FAX: 717-920-9129 ROBERT J. FISHER, JR. KEVIN D. RAUCH KIMBERLY L. HENSLEY ELAINE J. WIZZARD ANDREW D. ZEITER - ROBERT N. POLAS ?+ Ma 4 200 JESSICA y , 6 A MANDA J. LoPcoLO JASON P WRONA ALSO ADMITTED IN WV Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 RE: Bricker v. Friend Our File No. 14538 Dear Mr. Maffett: Enclosed please find Defendant's Interrogatories and Request for Production of Documents to Plaintiff, Ann M. Callahan, in the above-captioned matter. Kindly respond to the same within the timeframe established by the applicable Rules of Civil Procedure. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you. KDR:Iam Enclosures PITTSBURGH OFFICE: GULF TOWER, SUITE 2400.7o7 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261-3239 SUMMERS, MCDONNELL, GL .'HRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A.MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD GREGG A. GUTHRIE LEMOYNE, PA 17043 PETER B. SKEEL PATRICK M. CONNELLY* PHONE: 717-901-5916 JEFFREY C. CATANZARITE FAX: 717-920-9129 KEVIN D. RAUCH June 30, 2006 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 RE: Callahan v. Friend and Bricker v. Friend Our File Nos. 14537 and 14538 Dear Mr. Maffett: JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ELAINE J. WIZZARD ANDREW D. ZEITER ROBERT N. POLAS JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON F W RONA *ALSO ADMITTED IN WV Please be advised that I have not yet received the Plaintiff's Answers to Defendant's Interrogatories and Request for Production of Documents directed to Ann M. Callahan in the above-referenced matter. The discovery responses were due on June 4, 2006. Please provide the Plaintiff's discovery responses within ten days. If you should have any questions regarding the above, please feel free to contact me. Thank you. KDR:kam HUDOCK, L . P. PITTSBURGH OFFICE: GULF TOWER. SUITE 2400.7o7 GRANT STREET. PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261-3239 SUOMERS, MCDONNELLOHUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD GREGG A. GUTHRIE LEMOYNE. PA 17043 PETER B. SKEEL PATRICK M. CONNELLY* PHONE: 717-901-5916 JEFFREY C. CATANZARITE FAX: 717-920-9129 KEVIN D. RAUCH August 8, 2006 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 RE: Callahan v. Friend and Bricker v. Friend Our File Nos. 14537 and 14538 Dear Mr. Maffett: JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV Enclosed please find the Defendant's Answers to Interrogatories and Response to Request for Production of Documents in the above-referenced matters. Please note that I am providing one set of Answers, as the above two cases arise out of the same accident, and the discovery requests were the same for both matters. Additionally, as I discussed with your secretary, I have not yet received the Plaintiffs' discovery responses. I will give you ten (10) days to provide the responses to me. If you should have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Amanda J. LoPiccolo AJL:kam Enclosures PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412261-3232 FAX 412-261-3239 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Motion to Compel Discovery and Request for Sanctions has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ay of 2006. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8hSKEEL, l L.P. By: / evin D. Rauch, Esquire Counsel for Defendant N r...a ti -TI C7 ?? FT- C DORIS BRICKER, Plaintiff V. THOMAS EUGENE FRIEND, II, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant NO. 06-1160 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of September, 2006, upon consideration of Defendant's Motion To Compel Discovery and Request for Sanctions, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ichard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff n D. Rauch, Esq. Ke17 Mumma Road Suite 300 Lemoyne, PA 17043 Attorney for Defendant :rc O _'?? ? ? `! j ?ir., _ j;_'S M DORIS BRICKER, Plaintiff V. THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1160 CIVIL TERM ORDER OF COURT AND NOW, this 21St day of September, 2006, upon consideration of the attached letter from Amanda J. LoPiccolo, Esq., attorney for Defendant, Defendant's Motion To Compel Discovery and Request for Sanctions is deemed moot and the Rule issued on September 13, 2006, is discharged. BY THE COURT, chard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff A anda J. LoPiccolo, Esq. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Attorney for Defendant .b? :rc Z0 .Z add I Z d3S 9001 MVIOINCi- Odd 3H. do 29/20/2006 12:49 SUMMERS MCDONNELL HUDOCK GUTHRIE 4 17172406462 NO.062 1?01 .9YCrNBN J. suMMeRs THOMAS A, MCOONMELL JoSRpN A. HUOOCK, JR. Ga¢cc A. GUTHa1R PETER R. SKEEL PATRICK M. CONNej.L.T* JEFFREY C. CATAMSARITE KeviN O. RAUCN SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW HARRISBURG OFFICE: 1017 MUMMA ROAD LeMQYNE, PA 17043 PHONE 717.901-6918 FAK! 717.920.9120 September 20, 2006 JAEoN A, Hwes RRIN M. '.LAS GVY F.. BLABS JENNIFER M. 1-1. MARK J. GOLEN BRETT L. MovoN ROORKT J. FIBNER, JR. KIMOERLY L. HeNBLRY ANDREW R. ZEITBR JBBfICA M. JURABKO AMANDA J, LOPOCCO60 JASON P WRONA •ALBO AOMITTQO IN WV Honorable Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Bricker v. Friend Docket No. 06-1160 Our File 14538 Dear Judge Oler: Enclosed please find a Rule you issued regarding the above-referenced matter. Please be advised that I have received the Plaintiffs discovery responses, and no further action regarding this matter is needed. If you should have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Amanda J. LoPiccolo AJL:kam Enclosure Sent via Fax (717) 240-6462 cc: Richard F. Maffett, Jr., Esquire PITTSBURGH OPFICK: GULF TOWER. SUITE a.ree. ro, GRANT STREET. PrtrsouaGN, PA frala PHONE +, aw -Diaz FAA 4I Z-7.01-82= . 16 DORIS BRICKER, Plaintiff V THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1160 CIVIL DIVISION JURY TRIAL DEMANDED PLAINTIFF, DORIS BRICKER'S OBJECTIONS TO DEFENDANT'S SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiff, DORIS BRICKER, objects to the proposed Subpoenas for medical records from: WSO Imaging; Richard Schreiber, M.D.; Pinnacle Health Harrisburg Hospital; Quantum Imaging & Therapeutic Associates; and, Michael Klein, M.D. that are attached to these objections for the following reasons: The discovery sought is: not relevant to the subject matter involved in the pending action; unlikely to lead to the discovery of admissible evidence; beyond the scope of discovery; would cause unreasonable annoyance, embarrassment, and oppression; and, is sought in bad faith, because: 1. The dates of treatment are not limited to a reasonable time before and after the automobile accident in question, which occurred on March 4, 2004, but seek medical records of Plaintiff, age 76, throughout her life; 2. The medical records sought include records of irrelevant, privileged and personal medical treatment including, for example, treatment of Plaintiff for: cancer in the nature of lymphoma; heart disease; and, routine mammograms and gynecological examinations. Respectfully submitted, Richard F. Maffe , J Esq. PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney For Plaintiff, Doris Bricker ' SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Doris Bricker Court of Common Pleas VS. Thomas Eugene Friend, II 06-1160 Page 1 of 4 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Met Life WSO Imaging West Shore EMS Robert Zabinski Richard Schreiber Quantum Imaging & Therapeutic Associates Pinnacle Health Harrisburg Hospital Michael Klein A. Z. Ritzman Associates John Rychak Barry Moore Third-Party Benefits Medical Medical Medical Medical Medical Medical Medical Medical Medical Medical TO: Richard F. Maffett, Jr., Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, Inc. ('LSI') on behalf of Kevin Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 1/30/2007 Litigation Solutions, Inc. on behalf of: CC: Kevin Rauch, Esquire - Court of Common Pleas Kevin Rauch, Esquire Defense If you have any questions regarding this matter, please contact: Litigation Solutions, Inc. (412.263.5656) RECEIVED FEB 0 1 2007 http://rats.litsol.com/ratsevents/notice-of intent. asp?save_report_to_db=X&PLid=PL2032... 1/30/2007 SUBPOENA NOTICE OF INTENT Page 2 of 4. Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 http://rats.litsol.com/ratsevents/notice_of intent. asp?savereportto_db=X&PLid=PL2032... 1/30/2007 SfJBPOENA NOTICE OF INTENT Page 3 of 4 COUNSEL LISTING FOR DORIS BRICKER VS. THOMAS EUGENE FRIEND,-II County of Cumberland Court of)Common Pleas Counsel Firm Counsel Type MafPett, Jr., Esquire, Richard F. 2201 North Second Street Harrisburg PA 17110 Opposing Counsel An ?- http://rats.litsol.com/ratsevents/notice_of intent.asp?save_report_to_db=X&PLid=PL2032... 1/30/2007 SUBPOENA NOTICE OF INTENT Page 4 of 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker Court of Common Pleas vs. Thomas Eugene Friend, II 06-1160 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: Met Life WSO Imaging West Shore EMS Robert Zabinski Richard Schreiber Quantum Imaging & Therapeutic Associates Pinnacle Health Harrisburg Hospital Michael Klein A. Z. Ritzman Associates John Rychak Barry Moore Please return this completed form to Litigation Solutions, Inc. Please be advised that Litigation Solutions, Inc. requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Lisa Myers at 412.253.1103. Date of Issue: 1/30/2007 http://rats.litsol.com/ratsevents/notice_of intent. asp?save_repor-t_to_db=X&PLid=PL2032... 1/30/2007 COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Doris Bricker File No. 06-1160 VS. Thomas Eugene Friend, II , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: A. Z.- Ritzman Associates (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: at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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: -KR v-i ?--? I c b E s qu-i re ADDRESS: ]^(l l 7 Mumma R n a r? LemnvnP PA., 17n43 TELEPHONE: 7} 7 9 01 5 Q I? SUPREME COURT M4 g 3 R4? ATTORNEY FOR: n P f P n s P Date: !;?&a / 7< 07DD"-> Seal of the Court BY THE URT: Prothonotary ivi ' n Deputy SUBPOENA RIDER Page 1 of 1 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: A. Z. Ritzman Associates 4930 Ritter Road Mechanicsburg PA 17055 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.comlratsevents/subpoena-rider.asp?PLid=PL203207&WRid=WR3 0372 1 /3 0/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker vs. Thomas Eugene Friend, II File No. 06-1160 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Michael Klein (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: tPLEASE SEE-ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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: NAB: jar-ui n R, tnrh _ FG u i re ADDRESS:1017 Mumma 'R?aci LpmaynP PA., 17043 TELEPHONE: :11 :7 - G 0 l- 5 9,? ti SUPREME COURT ID # R n5 ? ATTORNEY FOR: ne f e n s e Date: / ? .260 ? eal of the Court BY THE C T: Pro onotaM Civil Deputy SUBPOENA RIDER Page 1 of 1 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dr. Michael Klein 50 N. 12th Street Lemoyne PA 17043 Attention: Medical Records Correspondence Subject: Bricker, Doris SS# : 162-22-6175 Date of Birth: 7/20/1930 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena rider.asp?PLid=PL- 203206&WRid=wR3 03 72 1/30/2007 } COMMONWEALTH of PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker File No. 06-1160 vs. Thomas Eugene Friend, II SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Met Life (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: j PT P.A4E RPP 'ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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 TITS FOLLOWING PERSON: NAME: ADDRE : 10-17 Mu 'Road Lemeyne pA, 17 n d -? TELEPHONE: 4: ?9i6 SUPREME CO ID # g? Q ATTORNEY FOR: RA f e n s P Date: a& . / 2- oL4r 7 Seal of the Court BY THE OURT: ro onotary, 'ion Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Met Life 500 Economy Court Freeport IL 61032 Attention: Claims Department Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit a complete copy of the entire Claim File, including but not limited to applications for benefits, wage loss documents, medical records and bills. http://rats.litsol.cornlratseventslsubpoena_rider.asp?PLid=PL203199&WRid=WR30372- 1/30/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker , VS. Thomas Eugene Friend, II File No. 06-1160 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Barry Moore (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: `PLEASE SEE 'ATTACHED RIDER ` at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver- or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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: Ketrin Rauch, P-squire ADDRESS: 1 n1 7 Miimma Raad ?pmnvnP PA. 17043 TELEPHONE: ?lrl _ 5 416 SUPREME COURT A) # g 3 ?? R ATTORNEY FOR D P f P n s e Date: din / e? 7 /,teal of the Court BY TIC URT: othonotary, on Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Barry Moore 920 Century Drive Mechanicsburg PA 17055 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. httn:Hrats.litsol.com/ratsevents/subpoena rider. asp?PLid=PL203 209&WRid=WR3 03 72 1/30/2007 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker vs. Thomas Eugene Friend, II File No. 06-1160 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Health Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: `PLEASE SEE'ATTACHED RIDER ` at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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 TEE REQUEST OF THE FOLLOWING PERSON: NA IE: xg-vi n Rauch, Esquire ADDRESS: 1017 Mumma - Ro ad Lemoyne PA, 17043 TELEPHONE: 71 7_ c) n i- 5 91 6 SUPREME COURT ID# 8 3 0 5 8 ATTORNEY FOR: D e f e n s e - Date: aE,2? 7 Seal of the Court BY THE CO T: Pro onotary, Civi ion ` Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pinnacle Health Harrisburg Hospital 111 South Front Street Harrisburg PA 17101 Attention: Medical Records Correspondence Subject: Bricker, Doris SS# : 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/2011930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.comlratsevents/subpoena rider.asp?PLid=PL203205&WRid=WR30372 1/30/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker File No. 06-1160 VS. Thomas Eugene Friend, II SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Quantum Imaging & Therapeutic Associates (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: ?PT.PASE SFE'ATTACHED RIDER ` at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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 prpduce 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: W-- in Rauehy F.SqU3 r-12 ADDRES j 7 Mj3a * p ra ri LeFRe yne--RA, 1-7()4-1 TELEPHONE: _ SUPREME CO $? 9 8 ATTORNEY FOR: Dg f P - P Date:: AEU Seal of the Court BY THE CO T7 : Pr onotary, Ci ' lion Deputy S(TBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Quantum Imaging & Therapeutic Associates 405 Saint Johns Church Road Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.comlratsevents/subpoena rider.asp?PLid=PL203204&)A7Rid=VVR30372 * 1/30/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker , File No. 06-1160 VS. Thomas Eugene Friend, II SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John Rychak (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: VASE SEE ATTACHED RIDER 'PL at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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: KPirin RSiirh Ps ui re ADDRESS: 1 n 1 7 mummy 'Road LemnVnP PA, 17043 TELEPHONE: 717 - Q O 1- 5 g 1 F SUPREME COURT ID # s -? o - g ATTORNEY FOR: D e f e n s e ...Date: /7. 'Zew Seal of the Court BY THE CO T: Pro onotary, C1v' sio Deputy t SUBPOENA RIDER Page 1 of 1 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dr. John Rychak 99 November Drive Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.comlratseventslsubpoena_rider.asp?PLid=PL203208&WRid=V,R30372 1/30/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker File No. 06-1160 VS. Thomas Eugene Friend, II SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Richard Schreiber (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: 'PLEASE SEE'ATTACHED RIDER ` at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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 TBE REQUEST OF THE FOLLOWING PERSON: NAME: Nevi n Ranch, Fs=ii rP ADDRESS:1017 Mumma Road Lemoyne PA, 17043 TELEPHONE: _7 l 7 - g n, - cA, F SUPREME COURT ID #- g-3 n S g ATTORNEY FOR: D e f e n s e Date:_a&j /7. o2ft9 Seal of the Court BY THE CO T: onotary, Ci ' 4- Pro Deputy SITBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dr. Richard Schreiber P.O. Box 107 Lemoyne PA 17043 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.cornlratseventslsubpoena_rider.asp?PLid=PL203203 &WRid=WR303 72 1 /3 0/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker 06-1160 File No. vs. Thomas Eugene Friend, II SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS (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: :PLEASE SEE-ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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: Kevin Rauch, Esquire ADDRESS: 1017 Mumma Road Lemoyne PA, 17043 TELEPHONE: 717-901-5916 SUPREME COURT BD# 8 3 0 5 8 ATTORNEY FOR Defense Date: / 2. ?b07 Seal of the Court BY THE CO T: P thonotary, Cam' i Yo I Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: West Shore EMS 205 Grandview Avenue Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena rider.asp?PLid=PL203201&WRid=WR30372 1/30/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker File No. 06-1160 vs. , Thomas Eugene Friend, II . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WSO Imaging (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: iPLEASE SEE ATTACHED RIDER ` at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the 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:Kevin Rauch, Esquire ADDRESS:1017 Mumma Road Lemoyne PA, 17043 TELEPHONE: 717 - 9 01- 5 916 SUPREME COURT ID# 8 3 0 5 8 ATTORNEY FOR: D e f e n s e Date: ?.Z, % ?7.c?1D Seal of the Court BY THE CO T: Pr onotary, Ci Deputy StBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: WSO Imaging 2527 Cranberry Highway Wareham MA 20571 Attention: Medical Records Correspondence Subject: Bricker, Doris SS# : 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena rider.asp?PLid=PL203200&WR.id=WR30372 1/30/2007 4 0 COMMONWEALTH of PENNSYLVANIA COUNTY OF CUMBERLAND Doris Bricker vs. Thomas Eugene Friend, II File No. 06-1160 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Robert Zabinski 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 or things: (PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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: NA1v1E:Kevin Rauch, Esquire ADDRESS:1017 Mumma Road Lemoyne PA, 17043 TELEPHONE: 717-901-5916 SUPREME COURT ID # 8 3 0 5 8 ATTORNEY FOR, D e f e n s e Date: LEI / 7.? Seal of the Court BY THE C T. Pro onotary, Ci ' sio Deputy STTBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: DC Robert Zabinski 3028 Market Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Bricker, Doris SS#: 162-22-6175 Date of Birth: 7/20/1930 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 7/20/1930 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.comlratsevents/subpoena rider.asp?PLid=PL203202&WRid=WR30372 1/30/2007 i . i 0 DORIS BRICKER, Plaintiff V THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1160 CIVIL DIVISION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff, Doris Bricker's objections to Defendant's Subpoenas Pursuant to Rule 4009.21 upon counsel of record by First Class United States Mail, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, L.L.P. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Litigation Solutions, Inc. Brentwood Town Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Dated: Z O Richard F. Maffett, Jr., Esq. PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney For Plaintiff, Doris Bricker "Y r 1 c? ! F-f DORIS L. BRICKER, Plaintiff V. THOMAS EUGENE FRIEND, III, Defendant f IN THE COURT OF COIDION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1160 CIVIL % UY,E 1.312nl, The Petition for Appointment of Arbitrators shall be substantially 1-n. efollowing ,form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard F. Maffett, Jr., Esq. counsel for the plaintiff/daMgMt in the above action xs), respectfully represents that: 1, . The above-captioned action (44X138 6) is (vxx'j , at issue. 2. The claim of the plaintiff' in the action is $_50, 000. 00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Richard F. -Maffett, Jr., Esq.; Erick V. Violago, Esq., Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp ctfully submitted, l 4,/LA Richard F. Maf ett, r., Esq. ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. c? ?? ? ? ?? ?- c ?, ? ? c.,? -? r? ? ? ? ,? ??°' <? ? ?- ? .? G? DORI S L. BRICKER, IN THE COURT !OF COILHON PLEAS OF Plaintiff CljrJBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1160 CIVIL THOMAS EUGENE FRIEND, III, Defendant , f f " UT,$ X312-1, The Petition fox Appointment of Arbitrator shall be substantially in the following form; PETITION FOR APPOINTTSENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard F. Maffett, Jr., Esq. counsel for the p aintiff/d M&Wt in the above action (=xx ), respectfully represents that: 1, .The above-captioned action (gvxx 6) is R), at issue. 2. The claim of the plaintiff, in the action is r 50, 000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Richard Maffett, Jr., Esq.; Erick V. Violaqo, Esq., Summers, McDonnell, Hud , Guthrie & Skeel, L.L.P. WHEREFORE, your petitioner prays your Honorable Court t? appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing pet! Esq., and Esq. Esq., are ap ointed arbitrators in the above-captioned action (or actions) as prayed for. Resp ctfiLlly submitted, J Richard F. Maf ett, r., Esq. ORDER OF COURT aasY 13 in consideration of the By t b? D Cl) co kij LL- C-4 G? ?i rv? t;3 T C) !V rt 'e-c- Jr, ESf,, cop F gaffe ?'ch?ar V. Vro 9 a Ilqlog 00 ? BFI ca -n , r{..s Pi .A" c.y't GS llA?}r? DORIS BRICKER, V IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS EUGENE FRIEND, II, Defendant NO. 06-1160 CIVIL DIVISION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS upon counsel of record by First Class United States Mail, addressed as follows: Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Dated: Richard F. Ma ett, Jr.,Esq. Attorney for Plaintiff Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 r-la r 3 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... DORIS BRICKER, ::IN THE COURT OF COMMON PLEAS Plaintiff ::CUMBERLAND COUNTY,PENNSYLVANIA V €:NO. 06-1160 :CIVIL ACTION - LAW THOMAS EUGENE FRIEND, II, :JURY TRIAL DEMANDED Defendant ......................................................................................................: PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this /yA?day of 2008, comes the Plaintiff, DORIS BRICKER, by her attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represents the following: 13. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied that Plaintiff's claims are barred in any way by the Pennsylvania Motor Vehicle Financial Responsibility Act. 14. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied any of Plaintiff's claims for damages have been compensated by collateral sources and/or may not be duplicated in the present lawsuit. 15. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiff selected the limited tort option. Plaintiff selected the full tort option and is not barred by the Pennsylvania Motor Vehicle Financial Responsibility Law from recovering non-economic damages. 16. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that any applicable statute of limitation is any bar to recovery by Plaintiff in this action. WHEREFORE, Plaintiff DORIS BRICKER demands judgment in her favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maff t., Esq. 2 VERIFICATION I, RICHARD F. MAFFETT, JR., ESQUIRE, have read the foregoing Plaintiff's Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: Richard F. MaffetKV Jr., Esq. CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Dated: s /L---q ?- /q Richard F. Maffett ?1& ), Jr. Esq. :? u J L^y 1? ? L Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06 - 86 U 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 Commonwealth and that we will discharge the duties of our office with fidelity. 0-4 V /2AoW'hj4W Signature gnature signature Name (Chairman) Name Name Law Firm ' 10 W? Address city, zip Law Firm Address I?4ws?H P? l IVl I City, zip JAKWn ? Law Firm ?o t m rke+ St Address Lemyk-e- J7oY3 City, ' zip 105161 J1y31 Award 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 beseparately stated.) 'J7 . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: (Chairman) Date of Award:-th-k Z/ Notice of Entry of Award Now, the day of , 20j0,8_, at U.'106_, A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ Q pd AIAI By: Prothonotary Deputy w 4 .J TU r ,? JW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiff, V. THOMAS EUGENE FRIEND, 11, Defendant. CIVIL DIVISION NO. 06-1160 PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14537 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BRICKER, Plaintiffs, V. THOMAS EUGENE FRIEND, II, Defendant. CIVIL DIVISION NO. 06-1160 (Jury Trial Demanded) PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD TO: The Prothonotary Pursuant to Pa.R.C.P. 1307(c), kindly enter judgment on the arbitration award in the above-captioned matter, in favor of Doris Bricker in the total amount of $5,000. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ? (n/ By: te4" C?r4_ L Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 7 ? , 2008. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. i \ By:? V V i Kevin D. Rauch, Esquire Counsel for Defendant n t" RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ......................................................................................... IN THE COURT OF COITION PLEAS DORIS BRICKER, Plaintiff ::CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-1160 THOMAS EUGENE FRIEND, II, :CIVIL ACTION - LAN Defendant ............................................................................................... PRAECIPE TO SATISFY SETTLE AND DISCONTINUE Please mark that the judgment of $5,000.00 in the above- captioned matter has been satisfied and that this case is discontinued. Dated: July 25, 2008 A-1/1 Richard F. Maffet *'Jr /, Esq.