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HomeMy WebLinkAbout06-1802ETILESVDATA 1LEAGeneea1ACm-mmA11631.6. cam Created'. 313106 tO49W Revised- 328/06 1107AM Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TONI S. FAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - j ?6„L CIVIL TERM LEAH R. IRWIN, a minor, LARRY E. IRWIN and MELODY L. IRWIN, husband and wife, Defendants 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 andNotice 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 withoutyou and a judgment maybe entered againstyou by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TONI S. FAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - / Y6:z CIVIL TERM LEAH R. IRWIN, a minor, LARRY E. IRWIN and MELODY L. IRWIN, husband and wife, Defendants COMPLAINT 1. Plaintiff, Toni S. Failor, is an adult individual residing at 57 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Leah R. Irwin, is an minor individual residing at 510 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 17013 (herein, "Defendant Leah"). 3. Defendants Larry E. Irwin and Melody L. Irwin, are adult individuals and the parents of Defendant Leah. Defendants Larry and Melody reside at 510 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 17013 (herein, "Defendant Parents"). 4. On or about December 13, 2005, Plaintiff was the owner ofa 1996 Jeep Cherokee with Pennsylvania License Plate No. FXN1922. 5. On that same date, Defendant Leah was the operator of a 2003 Buick Century, Pennsylvania License Plate No. EVT0386. 6. On that same date, Plaintiff was driving on SR-11 approaching the intersection of Burnt House Road in West Pennsboro Township, Cumberland County, Pennsylvania. 7. On that same date, Defendant Leah was driving on Burnt House Road and was approaching the intersection of Burnt House Road and SR-11. 8. On that same date, Defendant Leah proceeded through a stop sign at the intersection of Burnt House Road and SR-11. 9. On that same date, Defendant Leah caused a collision with Plaintiff s Jeep. COUNT I - Negligence Plaintiff vs. Defendant Leah 10. Paragraphs 1-9 are incorporated herein by reference. 11. The collision was a result of the negligence and carelessness ofDefendant Leah in that she: a. operated the vehicle in a careless, reckless, and negligent manner; b. failed to proceed through a stop sign with the appropriate care; c. failed to avoid causing a collision with Plaintiff's Jeep; d. failed to keep the Buick under the proper control so as to prevent a collision with Plaintiff's Jeep; e. failed to keep a proper look out; f. failed to remain stopped at a stop sign until it was clear to proceed; and i. failed to abide by the rules of the road, the ordinances of the local municipality, and the laws ofthe Commonwealth of Pennsylvania, including, Sections 3321, 3323, and 3324 of Title 75 of the Pennsylvania Vehicle Code. 12. As aresult of the negligence and carelessness of Defendant, Plaintiff suffered physical injuries to, among other things, her back, abdominal wall, chest and spleen, and continues to suffer from such injuries. 13. Plaintiff has been unable to work to her full capacity and is limited in the work she can perform. 14. As a result of said injuries which were caused by the negligence and carelessness of Defendant, Plaintiffhas suffered and will suffer from future disability and impairment to potential earning capacity as well as experience pain and suffering and loss of life's pleasures. 15. Plaintiff has incurred property damages to her Jeep as a direct result ofthe negligence and carelessness of Defendant. 16. Plaintiffhas incurred and continues to incur medical bills as a direct result ofthe negligence and careless of Defendant. 17. At all times material hereto, Defendant Leah breach her duty of care owed to Plaintiff. 18. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. WHEREFORE, Plaintiff demands judgment against Defendant Leah R. Irwin in an amount in excess of $35,000.00, which amount exceeds the requirement for compulsory arbitration, plus costs and interest, and other relief as this Honorable Court deems just and reasonable. COUNT II - 23 Pa.C.S.A § 5502 Plaintiff vs. Defendants Larry E. Irwin and Melody L. Irwin 19. Paragraphs 1-18 are incorporated herein by reference. 20. Defendant Leah was under 18 years of age at the time of the collision. 21. Defendant Parents are the natural parents or guardians of Defendant Leah. 22. Defendant Parents are liable for the negligence of Defendant Leah pursuant to 23 Pa. C.S.A. §5502. WHEREFORE, Plaintiff demands judgment against Defendant Parents in the maximum amount under the law, plus costs, interest, and any other relief that the court deems appropriate. MARTSON DEARDORFF WILLIAMS & OTTO By H ?L- Christopher . Rice, Esquire I.D. Number 90916 George B. Faller, III, Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. &OnL (7??,Lz?- - Tom Fa or f TILES\DATAPILH\General\Curr m\11631.6. venf ?-a ? i^. -ft ^e' ? ?'+ ? ? "? ?', ?C] r, CJ 'C ^.,? ""? i u'. S:\HARRISBURG\FILES\SCS101\Pleadings\SCS101 EOA.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONI S. FAILOR, CIVIL DIVISION Plaintiff, 06-1802 V. LEAH R. IRWIN, A MINOR, LARRY E. IRWIN AND MELODY L. IRWIN, HSUBAND AND WIFE, Defendant. JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter our appearance on behalf of the Defendants in the above-captioned action. Respectfully submitted, (-A Charles E. Haddick, Jr., Esquire PA I.D. # 55666 J. David Ziegler, Esquire PA I.D. # 92882 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Counsel for Defendants 06-1 f S:\HARRISBURG\FILES\SCS101\Pleadings\SCS101 EOA.doc CERTIFICATE OF SERVICE AND NOW, this 17th day of April, 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Christopher Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 i Charles E. Haddick, Jr., Esquire a6-U S:IURRISBURG\FILES\scS101\SCS101 Cap.doc 06-1802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONI S. FAILOR, Plaintiff, CIVIL DIVISION 06-1802 V. LEAH R. IRWIN, A MINOR, LARRY E. IRWIN AND MELODY L. IRWIN, HSUBAND AND WIFE, Defendant. JURY TRIAL DEMANDED To: Christopher Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU Date:Mav 2.2006 Respectfully submitted, 01 Charles E. Haddick, Jr., Esquire PA I.D. # 55666 J. David Ziegler, Esquire PA I.D. # 92882 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Counsel for Defendants S:\IIARRISBURG\FILES\SCS101\Pleadings\SCS101 ANM.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONI S. FAILOR, CIVIL DIVISION Plaintiff, 06-1802 V. LEAH R. IRWIN, A MINOR Defendant. JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant by and through her counsel, Dickie, McCamey & Chilcote, P.C. and Charles E. Haddick, Jr., Esquire and responds to Plaintiff's Complaint as follow: L-3. Admitted. 4.- 9. Denied. The averments contained in these paragraphs are denied in accordance with Pa. R.C.P. 1029(e). By way of further response, the averments contained in these paragraphs are conclusions of law to which no response is required. In the alternative, the averments contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial if deemed material. By way of fixrther response, Answering Defendant acted reasonably, properly and prudently at all times material hereto. COUNTI 10. Answering Defendant hereby incorporates paragraphs 1 through 9 above as if 06-18 fully set forth herein. 11-18. Denied. The averments contained in these paragraphs are denied in accordance with Pa. R.C.P. 1029(e). By way of further response, the averments contained in these paragraphs are conclusions of law to which no response is required. In the alternative, the averments contained in these paragraphs are specifically and unequivocally denied with strict proof demanded at the time of trial if deemed material. By way of further response, Answering Defendant acted reasonably, properly and prudently at all times material hereto. Answering Defendant hereby incorporates her New Matter as if fully set forth herein. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. NEW MATTER 19. Answering Defendant specifically denies any allegation of Plaintiff s Complaint not admitted above. 20. The Plaintiff has failed to state a claim against Answering Defendant upon which relief can be granted. 21. Plaintiffs claims are barred by the applicable statute of limitations. 22. At all times material hereto, Answering Defendant acted reasonably, properly, and prudently. 23. The alleged negligence of Answering Defendant, such negligence being specifically denied, was not the proximate cause of the damages alleged by the Plaintiff, if any. 24. The alleged damages sustained by the Plaintiff, if any, were proximately caused by parties other than Answering Defendant, of whom Answering Defendant had no control or right of control. 25. The Plaintiff, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiff's damages, if any, and such negligence constitutes a complete bar to Plaintiff s claims. 26. In the alternative, at all times material hereto, the Plaintiff was guilty of comparative negligence, and such negligence was comparatively higher than the alleged negligence of the answering Defendant, which is specifically denied; accordingly, the Plaintiffs claims are barred or, in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 27. Plaintiff has failed to mitigate damages. 28. All defenses are raised and preserved under the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. C.S.A. § 1701 et sec. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. Date: May 2.2006 Respectfully submitted, 0-(V Charles E. Haddick, Jr., Esquire PA I.D. # 55666 J. David Ziegler, Esquire PA I.D. # 92882 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Counsel for Defendants VERIFICATION I, Leah Irwin, have read the foregoing Defendants' Answer with New Matter to Plaintiffs Complaint. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Leah Irwin DATED y - Z.G - 04 CERTIFICATE OF SERVICE AND NOW, this 2"d day of May, 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Christopher Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 D--1 Charles E. Haddick, Jr., Esquire 4 rj L7 v _ 'ri r;? _ ? ? T. ` ? 1 ` ?C) W ` , ? -:. ?f ?? N _..y C71 `x7 G; "< FTF ES\DATAF E\GeneN\61mnt\116316.msponm.nm C.wd'. 313/06 10:49AM Revms 5/5/06 2.19PM Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TONI S. FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LEAH R. IRWIN, a minor, Defendant NO. 06 - 1802 CIVIL TERM PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER 19. Plaintiffs' Complaint is incorporated herein by reference as if fully set forth below. 20-28. Denied as conclusions of law. WHEREFORE, Plaintiff demands judgment against Defendant Leah R. Irwin in an amount in excess of $35,000.00, which amount exceeds the requirement for compulsory arbitration, plus costs and interest, and other relief as this Honorable Court deems just and reasonable. MARTSON DEARDORFF WILLIAMS & OTTO By Cp ? vim, Christopher E. Rice, Esquire I.D. Number 90916 George B. Faller, III, Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Response to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Charles E. Haddick, Jr., Esquire DICKIE, McCAMEY & CHILCOTE, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO By V(?4Q A, Mary rice Ten Eas igh Street Carlisle, PA 17013 (717) 243-3341 Dated: Q C' T7?J1 LT f A Q T G .{ O ? 1 .. I CASE NO: 2006-01802 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAILOR TONI S VS IRWIN LEAH R ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IRWIN LEAH R the DEFENDANT at 1518:00 HOURS, on the 3rd day of April , 2006 at 510 BARNSTABLE ROAD CARLISLE, PA 17013 _ by handing to MELODY IRWIN, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 / 4.40 .39 10.00 R. Thomas Kline 00, 32 .79v^ 04/04/2006 MDW&O Sworn and Subscribed to before By: me this !y V day of Jtoc A. D. Prothonotary 1? SHERIFF'S RETURN - REGULAR CASE NO: 2006-01802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ILOR TONI S VS IRWIN LEAH R ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IRWIN LARRY E the DEFENDANT at 1518:00 HOURS, on the 3rd day of April 2006 at 510 BARNSTABLE ROAD CARLISLE, PA 17013 by handing to MELODY IRWIN, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 04/04/2006 MDW&O Sworn and Subscribed to before By: me this 19- day of MnT 0--M4 A. D. Prothonotary CASE NO: 2006-01802 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAILOR TONI S VS IRWIN LEAH R ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IRWIN MELODY L DEFENDANT the , at 1518:00 HOURS, on the 3rd day of April , 2006 at 510 BARNSTABLE ROAD CARLISLE, PA 17013 by handing to MELODY IRWIN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 .F Affidavit .00 i Surcharge 10.00 R. Thomas Kline .00 16.OO _,, 04/04/2006 V( MDW&O Sworn and Subscribed to before By: me this lot day of M,cj aocL A. D. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FAILOR Vs. NO. 061802 IRWIN CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 J DAVID ZIEGLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 07/14/06 File #: M332434 J DAVID ZIEGLER, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD RZ ADDR$SSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 624-5304 By: Andrea Durante IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FAILOR Vs. IRWIN No. 061802 TO: CHRISTOPHER RICE, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 06/21/06 J DAVID ZIEGLER, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 624-5304 By: Andrea Durante Enc(s): Copy of subpoena(s) Counsel return card File #: M332434 COMYDNWEALTH OF PENNSYLVANIA COUNTY OF CUKBEREAND FAILOR Vs. IRWIN File No. 061802 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 WALNUT BOTTOM RADIOLOGY, 850 WALNUT BOTTOM RD, CARLISLE PA 17013 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 docunantn ors?nos: ATTACHM ADDENDUM at MEDICAL LEGAL REPRODUCTIONS TAaare§s)940 DISSTON ST., P ., g1?- You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccnpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde;- ompelling you to ccaply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: J DAVID ZIEGLER, ESQ ADDRESS:- 3-20A CAMP H r BYPASS TELEPHONE: 17 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR DEFENDANT M332434-01 DATE: a eal of the Court BY THE OOUR?: Prot Lary Fh, C it Division Deputy (Eff. 7/97) FAILOR Vs. IRWIN ADDENDUM TO SUBPOENA No. 061802 CUSTODIAN OF RECORDS FOR: WALNUT BOTTOM RADIOLOGY ALL MEDICAL RECORDS, BILLS, FILMS, INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FROM 1/1/94 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL MEDICAL RECORDS BEFORE AND AFTER 12/13/05. PERTAINING TO: NAME: TONI FAILOR ADDRESS: 57 MOUNTAIN VIEW TERR NEWVILLE PA DATE OF BIRTH: 02/28/71 SSAN: 183626202 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or WALNUT BOTTOM RADIOLOGY CUMBERLAND M332434-01 *** SIGN AND RETURN THIS PAGE *** OF PENNSYLVANIA COUNTY OF CLD93EXUAND FAILOR Vs. File No. 061802 IRWIN NGS SUBPOENA TO PRODUCE DOCUMENTS MDTMI BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG HOSP, 246 PARKER ST, CARLISLE PA 17013 TO: ATTN: MEDICAL RECORDS DEPT OT verson or entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEEngASTTA?HL+TTE?D - at _ --- MEDICAL LEGAL REPRODUCTIONS (A st940 DISSTON ST., PHILA., PA 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 orde oompelling you to ca. ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: J DAVID ZIEGLER, ESQ ADDRESS: 4:200 GAMP HILL BYPASS TELEPHONE: 17011 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M332434-02 DATE : 0,&Z A .1& - o2QC3G eal of the Court BY THE OOURT- Pro tar ark, ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA FAILOR Vs. IRWIN No. 061802 CUSTODIAN OF RECORDS FOR: CARLISLE REG HOSP ALL MEDICAL RECORDS, BILLS, INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FROM 1/1/94 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL MEDICAL RECORDS BEFORE AND AFTER 12/13/05. PERTAINING TO: NAME: TONI FAILOR ADDRESS: 57 MOUNTAIN VIEW TERR NEWVILLE PA DATE OF BIRTH: 02/28/71 SSAN: 183626202 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. L ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CARLISLE REG HOSP CUMBERLAND M332434-02 *** SIGN AND RETURN THIS PAGE *** COMMONWEALTH OF COUNTY OF CIIM4BERLAW FAILOR Vs. IRWIN File No. 061802 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODICE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG HOSP-X, 246 PARKER ST, CARLISLE PA 17013 TO: ATTN a RADTOL(X;Y DEPT Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to -produce the following documents or-thing at _ MEDICAL LEGAL REPRODUCTIONS (ANCebSt940 DISSTON ST., PHILA., You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea:.onablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- compelling you to ca, ly with it. THIS SUBPOENA WAS ISSl1ED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: J DAVID ZIEGLER, ESQ ADDRESS: - 1299 MR HIT-1 BYPASS TELEPHONE: 17011 SUPREME COURT ID s k215-335-3212 ATTORNEY FOR DEFENDANT M332434-03 DATE: J44te a6 _?4?G Seal of the Court BY THE COURT: Prot Lary/61 Ci 1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA FAILOR Vs. IRWIN No. 061802 CUSTODIAN OF RECORDS FOR: CARLISLE REG HOSP-X ALL FILMS FROM 1/1/94 TO THE PRESENT. INCLUDING BUT NOT LIMITED TO BEFORE AND AFTER 12/13/05. PERTAINING TO: NAME: TONI FAILOR ADDRESS: 57 MOUNTAIN VIEW TERR NEWVILLE PA DATE OF BIRTH: 02/28/71 SSAN: 183626202 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized-signature or CARLISLE REG HOSP-X CUMBERLAND M332434-03 *** SIGN AND RETURN THIS PAGE *** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLMID FAILOR Vs. File No. 061802 IRWIN ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS D?HT??S BILLING REQUESTED FOR DISODVERY PURSUANT TO RULE 4009.22 ALEXANDER SPRING REHAB, 1 TYLER CT, CARLISLE PA 17013 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: SEE A - at NEDICAL LEGAL REPRODUCTIONS(ACressf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making thi= request at the address listed above. You have the right to seek in advance the 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 thin, subpoena may seek a court ordei- czapelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: J DAVID ZIEGLER, ESQ ADDRESS: 3-29MILL T BYPASS TELEPHONE : 17 011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M332434-04 DATE: e-ly,?e a2/- 5 LVP,p -4eal of the Court BY THE COURT: Prot tars/C1 vil ivision Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA FAILOR Vs. IRWIN No. 061802 CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB ALL MEDICAL RECORDS, BILLS, FILMS, INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FROM 1/1/94 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL MEDICAL RECORDS BEFORE AND AFTER 12/13/05. TO: NAME: TONI FAILOR ADDRESS: 57 MOUNTAIN VIEW TERR NEWVILLE PA DATE OF BIRTH: 02/28/71 SSAN: 183626202 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ALEXANDER SPRING REHAB CUMBERLAND M332434-04 * * * SIGN AND RETURN THIS PAGE * * * COMMON KM= OF PENNSYLVANIA axwrY OF ( iAND FAILOR Vs. File No. 061802 IRWIN ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUENTS ORNOS BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent- or things: at DR WILLIAM PHELAN, 2 TYLER CT, CARLISLE PA 17013 MEDICAL LEGAL REPRODUCTIONS (A sst940 DISSTON ST., PBILA., PA You may deliver or mail legible copies of the docurents or produce things requested b> this subpoena, together with the certificate of cowl iance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde;- ampelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: J DAVID ZIEGLER, ESQ ADDRESS: 1200 CAMP KILL BYPASS CAMP HIM, PA 17 011 TELEPHONE: SUPREME 00URT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M332434-05 DATE: (]/. 9_ aG _ 2?gaz 1 of the Court BY THE OOURT: Prot tary/C1 civi Division Deputy (Eff. 7/97) FAILOR Vs. IRWIN ADDENDUM TO SUBPOENA No. 061802 CUSTODIAN OF RECORDS FOR: DR WILLIAM PHELAN ALL MEDICAL RECORDS, BILLS, FILMS, INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FROM 1/1/94 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL MEDICAL RECORDS BEFORE AND AFTER 12/13/05. PERTAINING TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: TONI FAILOR 57 MOUNTAIN VIEW 02/28/71 183626202 TERR NEWVILLE PA ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR WILLIAM PHELAN CUMBERLAND M332434-05 *** SIGN AND RETURN THIS PAGE *** 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CED93 REAND FAILOR Vs. IRWIN File No. 061802 SUBPOENA TO PRODUCE D=JMNTS % BILLIIG REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND VAL PAIN MGMT, 5 TYLER CT, CARLISLE PA 17013 Name of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEE or thin * at _ MEDICAL LEGAL RBPRODUCTIONS(A ss?940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t> this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea>onabic cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving -thin subpoena may seek a court orde+• cortpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQl1EST OF THE FOLLOWING PERSON: NAME: J DAVID ZIEGLER, ESQ ADDRESS: 1900 CAMP NI T BYPASS TELEPHONE: 17011 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M332434-06 DATE: zl -p .2z _ m7'anev eal of the Court BY THE COURT: Prot Lary/cler vil ivision Deputy (Eff. 7/97) FAILOR Vs. IRWIN ADDENDUM TO SUBPOENA No. 061802 CUSTODIAN OF RECORDS FOR: CUMBERLAND VAL PAIN MGMT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: TONI FAILOR ADDRESS: 57 MOUNTAIN VIEW TERR NEWVILLE PA DATE OF BIRTH: 02/28/71 SSAN: 183626202 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CUMBERLAND VAL PAIN MGMT M332434-06 * * * SIGN AND RETURN THIS PAGE * * * F:\FILES\Clients\11631 Stoudt\l1631.6.pra2 Created: 3/3/06 10:49AM Revised: 1/18/08 9:56AM Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TONI S. FAILOR, Plaintiff V. LEAH R. IRWIN, a minor, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1802 CIVIL TERM PRAECIPE To the Prothonotary: Please mark the above-captioned matter settled and discontinued. MARTSON LAW OFFICES Date: I - / 8 - O b Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James Decinti, Esquire DICKIE, McCAMEY & CHILCOTE 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 MARTSON LAW OFFICES hd44)A, 0,uc-& BYU Mafy. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: i to/af c- ?-= ?? , ?.?_, _? r; _ ? '`?r -7 ?. r , =,? =,, .,?.