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HomeMy WebLinkAbout06-1161RICHARD 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 Ann N. Callahan and Thomas N. Callahan, PLAINTIFF 235 Long Lane York Haven, PA 17370 v Thomas Eugene Friend, II, DEFENDANT 105 Lesli Lane Carlisle, PA 17013 NO. Ci?I, 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 ett, Jr., Esq. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS NCED AN ACTION AGAINST YOU. Dated: /PaV4 4 Drool, ts/Ct.6 14 Prothonotary L G By AL4 Deputy < -i?"? -;`? -.. ?, . _... -> f _, -r,y- „' f > ? ? c i` _. ,-.. -.a ? ? ? ?` ? ? n--? 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 ...................................................................................................................... . Ann M. Callahan and Thomas M. Callahan, PLAINTIFF 235 Long Lane York Haven, PA 17370 NO. 2006-1161 v Thomas Eugene DEFENDANT 173 S. Cherry Dillsburg, PA Friend, II, Lane 17019 CIVIL ACTION - LAW 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 Richard F. Maffe t, Esq. .._? '-?? ??t i ?` w,? \' O / ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, CIVIL DIVISION NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. PRAECIPE FOR APPEARANCE (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 ANN M. CALLAHAN and CIVIL DIVISION THOMAS M. CALLAHAN, Plaintiffs, NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. (Jury Trial Demanded) 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: Kjvin`D. Rauch, Esquire Counsel 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. it 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, GUTHRIEi& SKFFL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant ?.? ?._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, CIVIL DIVISION NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. 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 #14537 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and CIVIL DIVISION THOMAS M. CALLAHAN, Plaintiffs, NO. 06-1161 V. THOMAS EUGENE FRIEND, ll, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Ann M. Callahan and Thomas M. Callahan, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8 KEEL, L.L.P. By: jevin D. Rauch, Esquire unsel 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 mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this I ? k day of Cil?j , 2006. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Rauch, Esquire for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and CIVIL DIVISION THOMAS M. CALLAHAN, Plaintiffs, NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. (Jury Trial Demanded) RULE AND NOW, this day of p 2006, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of 2006. iho tary 'l RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiffs .................................................................................................. ANN M. CALLAHAN and THOMAS M.€IN THE COURT OF COMMON PLEAS CALLAHAN, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 06 - 1161 Civil Term v :CIVIL ACTION - LAW THOMAS EUGENE FRIEND, II, 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 ............................................................................................................. ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs :NO. 06 - 1161 Civil Term v THOMAS EUGENE FRIEND, II, :CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ............................................................................................................: COMPLAINT -Im AND NOW, this -k day of May, 2006, comes the Plaintiffs, ANN M. CALLAHAN and THOMAS M. CALLAHAN, by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully represent the following: 1. Plaintiff, Ann M. Callahan, is an adult individual who currently resides at 235 Long Lane, York Haven, York County, PA, 17370. 2. Plaintiff, Thomas M. Callahan, is an adult individual who currently resides at 235 Long Lane, York Haven, York County, PA, 17370. 3. Defendant, Thomas Eugene Friend, II, is an adult individual who currently resides at 173 South Cherry Lane, Dillsburg, York County, PA. 17019. 4. On March 4, 2004, at about 12:30 p.m., Plaintiff Ann M. Callahan was the driver of a vehicle which was stopped at a red traffic light on Market Street, at the intersection with South 18th Street, in Camp Hill, Cumberland County, PA. 5. 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 Plaintiff Ann M. Callahan's vehicle. 6. 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 Plaintiff Ann Callahan's auto, as a result of all of which, Plaintiff suffered severe physical injury. 7. 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 -2- damages to said other persons, and to Plaintiff Ann M. Callahan in particular. 8. The collision and all of the injuries and damages to Plaintiffs herein related are the direct result of the careless, 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 Plaintiff's vehicle; 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 Plaintiff's vehicle; and, f. following Plaintiff's vehicle too closely. -3- 9. As a direct and proximate result of the aforesaid collision, Plaintiff Ann M. Callahan suffered injuries including, but not limited to, the following: a. cervical sprain/strain; b. left shoulder contusion; C. thoracic sprain/strain; d. lumbar sprain/strain; e. aggravation of cervical degenerative disc disease; f. aggravation of lumbar herniated disc; and, g. aggravation of lumbar degenerative disc disease. 10. As a result of the injuries she received from the aforesaid collision, Plaintiff Ann M. Callahan 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. -4- 11. As a further result of the aforesaid collision, Plaintiff Ann M. Callahan has suffered permanent diminution of her ability to enjoy life and life's pleasures. 12. As a result of the injuries she received from the aforesaid collision, Plaintiff Ann M Callahan has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 13. As a direct and proximate result of the aforesaid collision, Plaintiff Ann M. Callahan has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff, ANN M. CALLAHAN, 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. -5- COUNT 2: 14. Plaintiffs incorporate by reference the averments of Paragraphs 1 through 13 above as fully as though herein set forth at length. 15. Plaintiffs Ann M. Callahan and Thomas M. Callahan are husband and wife. 16. As a result of Defendant's negligence as set forth above, resulting in injuries to Plaintiff Ann M. Callahan as detailed above, Plaintiff Thomas M. Callahan has been deprived of the consortium, assistance and society of his wife, Ann M. Callahan, all of which has been to his great damage and loss. WHEREFORE, Plaintiff THOMAS M. CALLAHAN demands judgment against Defendant THOMAS EUGENE FRIEND, II, in an amount in excess of Thirty-Five Thousand ($35,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, A-4 1 /, L-T-J /? /?) 2 Richard F. Maffett r., Esquire -6- VERIFICATION I, ANN M. CALLAHAN, 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: I? 4j &M & Cl Mn, Yn ?A I Ann M. Callahan, Plaintiff VERIFICATION I, THOMAS M. CALLAHAN, 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: Thomas M. Callahan, 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 Richard F. Maffet , Jr., Esquire C rr T cr" "? 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01161 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CALLAHAN ANN ET AL VS FRIEND THOMAS EUGUNE 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 , IEND THOMAS EUGENE II 105 LESLI LANE CARLISLE, PA 17013 DEFENDANT MOVED TO 173 S CHERRY LANE DILLSBURG Sheriff's Costs: So answers: Docketing 18.00 Service 7.04 Not Found 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 Ajar day of rKz"tki Ub(, A. D. -jeh Pr ono L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, CIVIL DIVISION NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may_beAntgPQ agaAt you. Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 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 #14537 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and CIVIL DIVISION THOMAS M. CALLAHAN, Plaintiffs, NO. 06-1161 V. (Jury Trial Demanded) THOMAS EUGENE FRIEND, II, Defendant. ANSMYER 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. 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. 3. Admitted. 4. 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. 5. Admitted. 6. 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 6 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. 7. Admitted. 8. 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 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 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. 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. 13. Paragraph 13 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 Plaintiffs with costs and prejudice imposed. COUNT II 14. In response to paragraph 14, the Defendant reiterates and repeats all her responses in paragraphs 1 through 13 as if fully set forth at length herein. 15. 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. 16. Paragraph 16 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 Plaintiffs with costs and prejudice imposed. NEW MATTER 17. 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. 18. 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. 19. To the extent that the Plaintiffs have selected the limited tort option or are 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. 20. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Thomas Eugene Friend, II, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. . By: / l4&OdW& evin D.' Rauch, Esquire ounsel 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: ('?)/g Thomas Eugene Friend, II #14537 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this _9' 1day of , 2006. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant r' r _ --1 ?w CA :53 -.i ^: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01161 P `COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CALLAHAN ANN ET AL 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 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 Z 04/28/2006 RICHARD MAFFETT JR Sworn and subscribed to before me this /7F day ofa ,Zro(, A. D. in his bailiwick. He therefore O Prothonotary a. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I. PLAINTIFF/S/ 2. COURT NUMBER Ann M. Callahan et al _11 61-C y SERVICE CALL (717) 771-%01 Thomas Euegen Friend II I Writ of Simmons SERE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Thomas Fugene Friend II 6 ADDRESS (STREET OR RFO MATH BOX NUMBER, APT NO., CITY, BORO. TWP., STATE AND ZIP CODE) AT 173 South Cherry Lane Dillsburg, PA 17019 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE DEPUTIZE RT. La U 1ST CLASS MAIL U POSTED U OTHER NOW 3/29 20 06 I, SHERIFF OF IM COUNTY, PA, do hereby deputize the sheriff of York COUNTY execute this it return dye rding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF !MOUNTY B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINGNTcC F C 0 U N T Y Cumberl Please mail return of service to CLanberland County Sheriff. Thank you. ADV NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherdf levying upon or attacNng any property under within writ may leave same without a watchman, in custody of whomever is found in possession. alter notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any plaintiff herein for any Ides, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE RICHARD F. M A F F E T T , Al? . TELEPHONE NUMBER 11. DATE FILED 2201 NORTH SECOND STREET, HARRISBURG, PA 17110 1717-233-416013/27/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is o he marled). CUMBERLAND COUNTY SHERIFF 13. I acknowledge remipt otthe writ 14. DATE RECEIVED 15. E:piratonlHeanng Date Or complaint Of indicated ab°ve. MJ MCGILL YCSO 3/30/2006 4/26/2006 16. HOW SERVED: PERSONAL RESIDENCE ( POSTED ( I POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND becaua am unable to orate the individual, company, etc. named above. (See remarks below.) I LIST Terse 22. 25. N/F 26 Mileage 27. Postage 26. Sub Total 7y71o ?d.7?- 35. AdvanceCosts 1 36. Service Costs 137 . Notary 41. AFFIRMED and s ibsoribed to 42. day of 2amu fu NOTARIAL SiANIN 46. Signore ofV LISA L. BOWMAN, NOTARY PUBLIC County Shena CITY OF YORK, YORK COUNTY , 2009 i l . MY COMMISSION EXPIRES AUG. 12 46. Signature of F County Sheriff of Service 120 . Notary .00 1 31. Surchg. 1 32. Tot. .7C0 at8 9 77 Not Found 39. Total Costs 4 30A NSWERS Int. Costs Due or Refund WAS i?QtWt 1:110:11HRE 40 3, y Ri j°e x ' lx, X' ++,'???qqii ttY3?+?y ,1 s/?j?y?? ;°Ti `_ TA 1 ? ? ?Illi 1.1 l •{Y} '°?%/ i a Y d?45'fa"YTA E= x rM.O t= _ R30MUCi Tb?J 4?^ii 3 4 JACOW 30 Raw IT 'xiai,?e3 rtep a tS eE,rvM CiJU2 RC '73HOAiTA.C3i#,V3 3° OT YTR39i7R44Q MU I41f$,y}r^}]Q Rt1 t49 ': Mf Ii51ilOtiaas basn,$[83 dU9 VN3i7 ?34tA1Eia 2 ?? .y z? 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Mw Tco,° ymnero+i yqc t"Is& ' dil ' 3F , ^q: fi "g Nr f r. { AY#1;t s^ , '.S wG +rn - ES-Cjt D1111 An ?dflljA,.IS' eAw ?rtS39'F2 (tMWeai 9m o£??.,tcrrt Na33J41' 3.u ia.ma wax£c) Y2U tsR ?k StTgf;w ihnA-iMRN pTi` 9>#,Cf 145`3 2t ?.3'vI3J3>a i?ACl st WAN 0 r t c y'a1 V, Vdt)J3il:ZM?fAfie+4 'i+$ ( ; R?S}?i' 3'eli4t; { 2 ei+i 7N2 $C: k :I3?r' e• 1 s7rN3'diii. _._... A 'jvAis.i.:. +?b lm+A vS 9YiML ao 9+ctj 9 r _ ¢na4 s••sp pi 4 YkM Jjmfi, 5 tm4la e t? . '? -i#t rM w r 3 , A "-+ +! 4 ,A, Xn! T {Jfi9 sv x?{ ywi? Sawa 9fnes? ? t "se+ '', 6?T a}<«?i?a?pyygt? C,fi aq? ? I l,6= yrfpiu ti ? y1Na1 G?u$liFl xa 4? `""AtRaJ teas re. ? .. txluod h51 tit lZA 3TN.i i!b 3:31 Of No Ila r &Ott V MW +ti Ws'Pt 2Y §?yp{ Nr 4l3a ".a lc5"a MPS 'fi '" 1'' Ia. uT n ?+.1atr?o* fS 9kk,st: " ?j Kvl 2^ 4, xia,?ynBS. <c ? r+9?Y>K%'?Se]_ataN a9iv+:a'L'at ?zSwD9xec.91?'V.#'-' -. +twu9.??. i s ?,.• :` ? a1 1 : a„ nt C' ? aaem ins Si.r.46> AMW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, CIVIL DIVISION NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. 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 #14537 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, V. CIVIL DIVISION NO. 06-1161 THOMAS EUGENE FRIEND, II, Defendant. (Jury Trial Demanded) DEFENDANT'S MOTION TO COMPEL 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 Plaintiffs 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, Plaintiffs' 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 Plaintiffs' 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 Plaintiffs, or Plaintiffs' counsel, regarding Defendant's Interrogatories or Request for Production of Documents. 6. It is necessary for the proper defense of this lawsuit that Plaintiffs 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 Plaintiffs 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 Plaintiffs 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 W SKJQEL, JgL.P. By: n D. Rauch, Esquire nsel for Defendant SUMMERS, MCDONNELL, HUDOCK , °-- C 'THRIE & SKEEL, C _.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JASON A. HINES JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE A UTH 1017 MOMMA ROAD ERIN M. BRAUN BR AUN GUY E. GLASS PETER B. SKEEL LEMOYNE, PA 17043 JENNIFER M. IRVIN PATRICK M. CONNELLY* PHONE: 717-901-5916 MARK J. GOLEN JEFFREY C. CATANZARITE FAX: 717-920-9129 UST BRETT L. H KEVIN D. RAUCH ER ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ELAINE J. WIZZARD ANDREW D. ZEITER G May 4 2006 ROBERT N. PoL.As JESSICA M. JURASKO , AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 RE: Callahan v. Friend Our File No. 14537 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. Ve tr ou , K vin D. Rauch KDR:Iam Enclosures PITTSBURGH OFFICE: GULF TOWER, SUITE 2400. 707 GRANT STREET. PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412-261-3239 SUMMERS, MCDONNELL , GL .'HRIE & S KEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. HARRISBURG OFFICE: GREGG A. GUTHRIE 1017 MOMMA ROAD PETER B. SKEEL L.EMOYNE, PA 17043 PATRICK M. CONNELLY* JEFFREY C. CATANZARITE PHONE: 717-901-5916 KEVIN D. RAUCH FAX: 717-920-9129 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: H UDOCK, 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 P WRONA 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 Plaintiffs discovery responses within ten days. If you should have any questions regarding the above, please feel free to contact me. Thank you. qvinD. ou uch K DR:kam PITTSBURGH OFFICE: GULF TOWER, SUITE 2400,7o7 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261-3239 ' STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE PETER B, SKEEL PATRICK M. CONNELLY' JEFFREY C. CATANZARITE KEVIN D. RAUCH Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 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 1 AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 August 8, 2006 RE: Callahan v. Friend and Bricker v. Friend Our File Nos. 14537 and 14538 Dear Mr. Maffett: 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. me. Y o provide the responses to Additionally, as I discussed with your secretary, I have not yet received the Plaintiffs' discovery responses. I will give you ten (10) da s t 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 SUOMERS, MCDONNELL+HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW PITTSBURGH OFFICE: -1 -TE 2400.707 GRAN STREET, PITTSBURGH, PA 15219 PHONE 4 1 2-26 13232 FAX 412-261-3239 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Motion to Compel and Request for Sanctions has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this At- day of 2006. --a-IL Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, By: GUTHRIE wforDefendant ou IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, V. CIVIL DIVISION NO. 06-1161 THOMAS EUGENE FRIEND, II, Defendant. (Jury Trial Demanded) ORDER AND NOW, to wit, this day of 2006, it is hereby ordered, adjudged and decreed that Plaintiffs, Ann M. Callahan and Thomas M. Callahan, are not permitted to enter any evidence into the above-docketed case regarding liability or damages. Consequently, this case is dismissed with prejudice against the Plaintiff. J. By the Court CJ ?J (? t r ANN M. CALLAHAN IN THE COURT OF COMMON PLEAS OF And THOMAS M. CUMBERLAND COUNTY, PENNSYLVANIA CALLAHAN, Plaintiffs V. CIVIL ACTION - LAW THOMAS EUGENE FRIEND, II, Defendant NO. 06-1161 CIVIL TERM ORDER OF COURT AND NOW, this 13'h day of September, 2006, upon consideration of Defendant's Motion To Compel and Request for Sanctions, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Richard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiffs Kevin D. Rauch, Esq. 017 Mumma Road Suite 300 y Lemoyne, PA 17043 Attorney for Defendant rc _ S ANN M. CALLAHAN And THOMAS M. CALLAHAN, Plaintiffs V. THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1161 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. chard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiffs ,Amanda J. LoPiccolo, Esq. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Attorney for Defendant :rc a o? ?a BY THE COURT, Z0 --Z WJ i Z 3S 90OZ 48VI.O N-GliHiOUd :J'Hi ?O 0920/2000 12:48 SUMMERS MCDONNELL „HUDOCK GUTHRIE 4 17172406462 NO.061 901 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.R ATTORNEYS AT LAW SYEPHEN J, SUMMERS JASON A. HInEs THOMAS A, MCDONN666 HARRIS6URG OFFICE: ERIN M. BRAUN JOSEPH A. MuoOCK, JR. 1017 MUMMA ROAD QUY E. SLAGS GUTMRiC GReao LrMOYNE, PA 17049 JCNNI?OR M. IP"m PETER G. SKEEL S. PATRICK M. CONNELLY* PHONE' 717-901-6918 MARK J. G96614 SRETT L. HUBTON JeF?RCY C. CATAN=AAR1Te FAX; 717.020.0130 RomenT J, Fowl, JR. KsvIN D. RAUCH Kimmmy L. FIsNSLRY ANDREW D. ZEIT¢R 2006 September 20 Ie961c^ M. JURASKO , AMANDA J. LDmcC01.0 JASON P WRONA 'AL6o ADMITTED IN WV Honorable Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Callahan v. Friend Docket No. 06-1161 Our File 14537 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, LoRccolo AJL:kam Enclosure Sent via Fax (717) 240-6462 cc: Richard F. Maffett, Jr,, Esquire PITYSSURGH OFFICE; GULF TOWER, SVITe 7400, 1107 GRANT 9YAE" PITTSBURGH, PA I6s1e PhANE 412461-$232 FAX 617.301.3236 r ANN M. CALLAHAN and, THOMAS M. CALLAHAN, Plaintiffs V THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1161 CIVIL DIVISION JURY TRIAL DEMANDED PLAINTIFF, ANN M. CALLAHAN'S OBJECTIONS TO DEFENDANT'S SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiff, ANN M. CALLAHAN, objects to the proposed Subpoenas for medical records from Pinnacle Health Harrisburg Hospital and Quantum Imaging & Therapeutic Associates 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 54, throughout her life; mammograms. 2. The medical records sought include records of irrelevant, privileged and personal medical treatment including, for example, the births of Plaintiff's children and her Respectfully submitted, /??4 J, L??A b 7 Richard F. Maffe Jr., Esq. PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney For Plaintiffs, Ann M. Callahan and Thomas M. Callahan SUBPOENA NOTICE OF INTENT `Y L 1 ' PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Page I of-')' Ann M. Callahan and Thomas M. Callahan Court of Common Pleas VS. Thomas Eugene Friend, II 06-1161 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Robert Zabinski Medical Progressive Insurance First-Party Benefits Pinnacle Health Harrisburg Hospital Medical Stauffer Medical WSO Imaging Medical Dillsburg Family Health Center Medical Quantum Imaging & Therapeutic Associates 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: 1/17/2007 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) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 RECEIV ED JAS i 9 2W7 http://rats.litsol.com/ratsevents/notice_of intent.asp?save_report_to_db=X&PLid=PL2031... 1/17/2007 SUBPOENA NOTICE OF INTENT Page 2 of 3 COUNSEL LISTING FOR ANN M. CALLAHAN AND THOMAS M. CALLAHAN VS. THOMAS EUGENE FRIEND, II County of Cumberland Court of Common Pleas Counsel Firm Maffett, Jr., Esquire, Richard F. 2201 North Second Street Harrisburg PA 17110 Counsel Type Opposing Counsel http://rats.litso1.com/ratsevents/notice of intent.asp?save report to db=X&PLid=PL2031... 1/17/2007 SUBPOENA NOTICE OF INTENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan Court of Common Pleas VS. Thomas Eugene Friend, II 06-1161 Request For Records Copies Related To Subpoena Document Request Page 3 of 3 Provider: Copy Sets Requested: Robert Zabinski Progressive Insurance . Pinnacle Health Harrisburg Hospital Stauffer WSO Imaging Dillsburg Family Health Center Quantum Imaging & Therapeutic Associates 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: 1/17/2007 http://rats.litsol.com/ratsevents/notice_of intent.asp?save report to db=X&PLid=PL2031... 1/17/2007 • r ' • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan vs. . Thomas Eugene Friend, II File No. 06-1161 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dillsburg Family 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: ' ?pLEASE -EE 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 afler.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: 4?qtiehy Esquire ADDRE 444mma P.e-;;- d Lie PA, 17 043 TELEPHONE: SUPREME 5916 CO $38 ATTORNEY FOR e f e n se Date: J&n /0'. 02007 Seal of the Court BY THE COURT: /st Prothonotary, Civil Divisi Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dillsburg Family Health Center 204 Mumper Lane Dillsburg PA 17019 Attention: Medical Records Correspondence Subject: Callahan, Ann SS# : 208-42-4237 Date of Birth: 6/15/1952 Page I of 1 Requested Items: Please remit: a complete copy of any and all medical records from 6/15/1952 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena-rider.asp?PLid=PL203194&WRid=WR303 71 1/17/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan VS. Thomas Eugene Friend, II File No. 06-1161 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: jPT,FASF: SEF 'ATTA HED 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 of 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: Raueh' Lemeyne RA, 17043 TELEPHONE: -7.1 " qA1 59i6 SUPREME CO IDg? 0-5 ATTORNEY FOR 9 ee s e Date: 2,W r. a2,?2v; Seal of the Court BY THE COURT: Prothonotary, Civil Divisi Dep A 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: Callahan, Ann SS#: 208-42-4237 Date of Birth: 6/15/1952 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 6/15/1952 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. httn://rats. litsol.com/ratsevents/subpoena rider. asp?PLid=PL203191&WRid=WR30371 1/17/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan File No. 06-1161 vs. , Thomas Eugene Friend, II SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22. TO: Progressive Insurance. (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 partyserving 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:Kezi n Rauch, Fgrn,i re ADDRESS:1 617 Mi l mm a R n a ct T,PmnynP PA, 1704 TELEPHONE: 7 j:g [) j 5 9] 9 SUPREME COURT ID# R-? n c ;R ATTORNEY FOR e f e n s e Date: 4?zw Seal of the Court BY THE COURT: Prothonotary, Civil Divisio y5j' It 61 DDepify SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Progressive Insurance 3824 Northern Pike, Suite 510 Monroeville PA 15146 Attention: Claims Department Subject: Callahan, Ann SS#: 208-42-4237 Date of Birth: 6/15/1952 Page 1 of 1 Requested Items: Please remit a complete copy of the entire Claim File including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. http://rats.litsol.coinlratseventslsubpoena_rider.asp?PLid=PL203190&WRid=WR3 03 71 1/17/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. , Callahan File No. o6-1161 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: 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: ADDRE : v 811 7 mamma F sari Eemeyne PA, 1:7043 TELEPHONE: -7.1 " A91 5916 SUPREME COUktID-Ar g?? g ATTORNEY FOR Date: ,<?&' Seal of the Court BY THE COURT: ./,S/' Prothonotary, Civil Divisiose l Deputy SUBPOENA 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: Callahan, Ann SS# : 208-42-4237 Date of Birth: 6/15/1952 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 6/15/1952 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. 1/17/2007 v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan VS. Thomas Eugene Friend, II ; File No. 06-1161 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Stauffer (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: `PTFASF S ER '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 afler.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: ADDRl" -1-01-7 ML11IIm a R n a rl LpmcynP P A., 1 7n43 TELEPHONE: SUPREME CO ID -9 S ATTORNEY FOR: n e f P n s P BY THEE? COURT: Prothonotary, Civil Divirion Date: ??- yep f Seal of the Court SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Dr. Stauffer 1790 Old Trail Road Etters PA 17319 Attention: Medical Records Correspondence Subject: Callahan, Ann SS#: 208-42-4237 Date of Birth: 6/15/1952 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records from 6/15/1952 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena rider. asn?PLid=PL203192&WRid=WR30' ) 71 1 /17/?007 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan VS. Thomas Eugene Friend, II File No. 06-1161 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: FPLEA$F RFF 'ATTAC'HED 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 maldng 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: V -L 11 S5V ' ADDRE 19 1:7-Mua . PiQad Teffteyne PA, 17042 TELEPHONE: "' " QA4 59i6 SUPREME CO g ATTORNEY FOR: p kz € Qh s e Dates Seal of the Court BY THE COURT: Prothonotary, Civil Division' Depu SUBPOENA RIDER Y 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: Callahan, Ann SS#: 208-42-4237 Date of Birth: 6/15/1952 Page I of I Requested Items: Please remit: a complete copy of any and all medical records from 6/15/1952 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ann M. Callahan and Thomas M. Callahan File No. 06-1161 VS. Thomas Eugene Friend, II , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert Zabinski (Name of Person or Entity) Within twenty (20) days aver service of this subpoena, you are ordered by the court to produce the following documents or things: {LEASE 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 parry 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:KesLi_n Raiirh, Fsqgiii rP ADDRESS-1 ni 7 Mumma RnL Lemoyne PAS 17043 TELEPHONE: 71.7 _ g n i_ 5Q1 6 SUPREME COURT ID # R -i n R ATTORNEY FOR.* De f n s BY THE COURT: Prothonotary, Civil Division Date: 01 Seal of the Court Deputy SUBPOENA 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: Callahan, Ann SS# : 208-42-4237 Date of Birth: 6/15/1952 Page I of I Requested Items: Please remit: a complete copy of any and all medical records from 6/15/1952 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. ANN M. CALLAHAN and, THOMAS M. CALLAHAN, Plaintiffs V THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1161 CIVIL DIVISION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff, Ann M. Callahan's Objections to Defendants 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: 7 ,/I, J^ L'?v ) - Richard F. Maffet , Jr , Esq. PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney For Plaintiffs, Ann M. Callahan and Thomas M. Callahan r-;1 t 1 T? ?T ? i? ANN M. CALLAHAN and - THOMAS M.. CALLAHAN, Plaintiffs V. - THOMAS EUGENE FRIEND, III, Defendant . : f ITS THE COURT OF COIL%ION PLEAS OF CU BERLAND COUNTY, PENNSYLVANIA NO. 06-1161 CIVIL `KUtR1312,1, The Petition for Appointment of Arbitrators shall be substantially the oll,awing ,form; PETITION FOR APPOINT11ENT OF ARBITRATORS TO THE HONORABLE,, THE JUDGES OF SAID COURT: Richard F. Maffett, Jr., Esq. counsel for .the plaintiff/x= in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) 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, Es q., 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. Respectfully submitted, /ichard F . Ma O , Es . q 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. ?.M 1 ? ZH \/ ANN M. CALLAHAN and Irl THE COURT THOMAS M. CALLAHAN, CUMBERLAND C1 Plaintiffs N0. 06-116. V. THOMAS EUGENE FRIEND, III, Defendant f RUL,-E 1312-,1, The Petition fox -Appointment of Arbitrator in. the following f orm; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: C01MON PLEAS OF Y, PENNSYLVANIA CIVIL shall be substantially Richard F. Maffett, Jr., Esq. counsel for .the p air_tiff/fix= in the above action (or actions), respectfully represents t at: 1, The above-captioned action (or actions) is ( e) 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) a? counsel or are other- wise disqualified to sit as arbitrators: Richard . -Maffett Jr., Esq. ; Erick V. Violaqo, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectf lly submitted, .ichardxF. Maf At, Jr., Esq. ORDER OF COURT t,L©oY AND NOW, Ja_" A A 1-4 43 , 1J3 in onsideration of the foregoing petition,. ESQ • , ,,?J1,l.??A?•?(L/cQ/V ?.. ???hu'U Esq., and ,Esq•, are appointed arbitrators in the above-captioned action (or actions) as prayed for. rt, • By t1, CA ., Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P, CL- F-,- LU co R,n? v vro? 9 JE a?402 ova ANN M. CALLAHAN, and THOMAS M. CALLAHAN, Plaintiffs V. THOMAS EUGENE FRIEND, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 06-1161 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, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 Dated: Richard F. Maffet , Tr.,Esq. Attorney for Plaintiffs Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 ? ? -r? ? ?? ; ? ? s ???? ?, 1?; ?.-? M ? ? ? I RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... ANN M. CALLAHAN and IN THE COURT OF COMMON PLEAS THOMAS M. CALLAHAN, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs NO. 06-1161 V THOMAS EUGENE FRIEND, II, :CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ......................................................................................................: PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, this LWI'day of 2008, comes the Plaintiffs, ANN M. CALLAHAN and THOMAS M. CALLAHAN, by their attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 17. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied that Plaintiffs' claims are barred in any way by the Pennsylvania Motor Vehicle Financial Responsibility Act. 18. 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 Plaintiffs' claims for damages have been compensated by collateral sources and/or may not be duplicated in the present lawsuit. 19. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiffs selected the limited tort option. Plaintiffs selected the full tort option and are not barred by the Pennsylvania Motor Vehicle Financial Responsibility Law from recovering non-economic damages. 20. 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 Plaintiffs in this action. WHEREFORE, Plaintiffs ANN M. CALLAHAN and THOMAS M. CALLAHAN demand judgment in their favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maff , J ., Esq. 2 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: /"?, ?g V Richard F. Maffett, q. 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: Richard F. Maffet r. Esq. - C ? rt M n ; n.? - ?`.. co c f?? h ITV I . CAL- N ??? / (k/? 5 Y4 In The Court of Common Pleas of Cumberland Plaintiff S ? ? County, Pennsylvania No. - O? l?, 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 Commonwealth and that we will discharge the duties of our office with fidelity. &20 Signature Signature P? u 117- za?ae?h Name (Chairman) Name ?b?ns?n Law Firni Law Firm /b co,1?11??1 Address CCA1 e P14 3 City, zip 361 r??g.r?ef ?=-? Address L-eymyhc, 17aY ? city, -? zip &:Y? - Signa e Name KC? (? SCn.r 4 L7 P,,c?'?y Law Firm ?Sv ? FtiK ? C f Address 41-x? P/t 130 U city, zip /;z sc 35 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 be separately stated.) j,kAcZ- jlo vj- / ? C N?? 1 At h do ? 1 4P...5 u ni b --& ?2) t> r . Arbitrator, disspks? (Insert name if applicable. Date of Hearing: (Chairman) Date of Award'Notice of Entry of Award Now, the day of Jux3E- , 200 13_, at , atVd-, the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ -2560 By: Prothonotary Deputy r 41 O co lv v, ? w P? M, C-jAt-t,1j?At V- c? /.,6 ? 8 Plaintiff r?q e vj? 15 Defendant 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. Signature Signature Name (Chairman) Name G!0 ? Aso A Law Firm ' Law Firm /,p co, wl"'i .5. ( Address (a c I X05 City, zip 361 iwk-et sf Address &Y"VVc, 176y) City, zip Signs e KV'As e I S"(/l Name h6 r-I 5c,.t a Law Firm Address city, zip .5 35 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 be separately stated.) V?7- Jai ?rd . Arbitrator, disse (Insert name if applicable.) Date of Heating: AkT ??r? (Chairran) Date of Award: .? Notice of Entry of Award Now, the 3n"? day of J1w.Aj4 , 20_0 9 at e, ., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ,?5?,?13 p tot By: Prothonotary Deputy In The Court of Common Pleas of Cumberland County, Pennsylvania No. 16 Civil Action - Law. 3 w OM W O i A Ef-- ,1 i- ^? ?4'a r s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, CIVIL DIVISION NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. #14537 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and CIVIL DIVISION THOMAS M. CALLAHAN, Plaintiffs, NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. (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 Ann Callahan in the total amount of $7,500. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L'11 ('("? 4, L ? v 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 l' day of (,? , 2008. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: " r-"A Kevin D. Rauch, Esquire Counsel for Defendant 2.. 4c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and THOMAS M. CALLAHAN, Plaintiffs, CIVIL DIVISION NO. 06-1161 V. THOMAS EUGENE FRIEND, 11, Defendant. PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE (Jury Trial Demanded) Filed on Behalf of the Plaintiffs Counsel of Record for This Party: Richard F. Maffett, Jr., Esquire Pa. I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 #14537 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN M. CALLAHAN and CIVIL DIVISION THOMAS M. CALLAHAN, Plaintiffs, NO. 06-1161 V. THOMAS EUGENE FRIEND, II, Defendant. (Jury Trial Demanded) PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE TO: The Prothonotary Kindly mark that the judgment of $7,500.00 in this case has been satisfied, and that the case is discontinued. Respectfully submitted, 2 / Y Da Richard F. Maffett, J ., Esqu' e Counsel for Plaintiffs N_ Q "T7 C= l )CIO l