Loading...
HomeMy WebLinkAbout06-4739ANGELA S. MARTIN, s Plaintiff v, s DANIEL S. JOHNSON, Defendant s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 90. 06 - 14'r3Q CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR A *IT OF SUMMONS Please issue a Writ of Summo#s in the case referred to above against Defendant. The address of the Plaintiff is 112 East Columbia Road, Enola, PA 17025. x.07 Al The address of the Defendant'is 5225 Pooks Hill Road, Bethesda, MD 20814. Date: mod R nt H. Patterson 221 Pine Street Harrisburg, PA 17101 (717)238-4100 Attorney for Plaintiff WRIT OF AUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AG$INBT YOU. -? _ Prothonotary Date: -ZDeputy _ lJ 44 O 2r. 9' ? CL c.- tp ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4739 CIVIL JURY TRIAL DEMANDED PRAECIPE Please reissue the Writ of Summons in this case. -71 Kent H. Patterson Date: /,/- Z oe;?7 Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717)238-4100 ?-? ?, ? G ?, ? ,. ?? ???; _ a ?'; ;``? `,a c.?? ?? t"v .- w ..... Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 jrettiaAhoslawaaxom ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Jeffrey B. Rettig, Esquire, and Osborne & Rettig, P.C., on behalf of Defendant Daniel S. Johnson, in regard to the above-captioned action. Respectfully submitted, OSBORNE & RETTIG, P.C. J frey B. Rettig, Esquire . No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant t CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Kenneth Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 OSBORNE & RETTIG, P.C. o.. 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: 7 4? Attorneys for Defendant effrey B. Rettig, Esqut LD N CD ? A 0 ti Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 'rettiaAhoslawimcom ANGELA S. MARTIN , Plaintiff V. DANIEL S. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Kindly issue a Rule on Plaintiffto file a Complaint in the above-captioned case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). OSBORNE & RETTIG, P.C. Date: 111121a 4sel for Defendant, iel S. Johnson ANGELA S. MARTIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4739 CIVIL TERM DANIEL S. JOHNSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this d ),-t day of -)I ouk- yle-,- , 2006, a Rule is issued upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Pro onotary 3 -r? v a ?: ?? w ? ? ?F? t{? N ' 4 `? t / 1 ?? _. ???_ ? ? .1 .' -? ?" ANGELA S. MARTIN Plaintiff V. . DANIEL S. JOHNSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Beford Street Carlisle, Pennsylvania 17013 (717) 249-3166 N 0 T I C I A Le han demandado a usted en la corte. Si usted quiere deferderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plaze al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abagado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demanders in contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquire queja o alicio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFON A LA OFICINA CUYA DIRRECCION SE ENCUENTRA ESVRITA ABAJO PAPA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ANGELA S. MARTIN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-4739 CIVIL TERM V. CIVIL ACTION - LAW DANIEL S. JOHNSON Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW comes plaintiff, Angela S. Martin, by her attorney, Kent H. Patterson, and file this complaint as follows: 1. Plaintiff is Angela S. Martin, who is an adult individual residing at 112 East Columbia Road, East Pennsboro Township, Cumberland County, Pennsylvania (Enola, PA 17025). 2. Defendant is Daniel S. Johnson, who is an adult individual residing at 5225 Pooks Hill Road 207N, Bethesda, Maryland 20814 3. On or about August 18, 2004, at approximately 4:35 p.m., plaintiff was driving an automobile in a westerly direction on Stella Street in East Pennsboro Township, Cumberland County, Pennsylvania and was approaching and entering the intersection of Stella Street and North Second Street. 4. At the aforesaid time and place, defendant was driving an automobile in a southerly direction on North Second Street and approached the intersection of North Second Street and Stella -1- Street. 5. At the aforesaid time and place, defendant drove his vehicle into the intersection and directly in front of the path of travel of the vehicle driven by defendant and thereby caused a violent collision. 6. The proximate cause of the accident was the negligence and carelessness of defendant, which consisted of the following: A. Failing to have his vehicle under proper and adequate control under the circumstances. B. operating his vehicle in careless disregard of the safety of plaintiff and other persons on the highway. C. Failing to stop at the stop sign on North Second Street before entering the intersection with Stella Street. D. Failing to yield the right-of-way to other vehicles and to the vehicle that plaintiff was driving. E. Entering the intersection when such movement could not be made in safety. F. Failing to keep alert and to maintain proper watch for the presence of other vehicles on the highway. G. Driving his vehicle in violation of the motor vehicle code of the Commonwealth of Pennsylvania. 7. As a result of the negligence and carelessness of defendant, plaintiff sustained injuries consisting of injuries to -2- her arm, face, neck and back, including muscle ligament sprain, abrasions and contusions, edema, injury to intervertebral lumbar discs, compression fracture, anxiety and other injuries. 8. As a result of the negligence and carelessness of defendant, plaintiff has required medical treatment from physicians and other healthcare providers including x-rays, MRI, therapy, medication, rest and other treatment. 9. As a result of the negligence and carelessness of defendant, plaintiff has and will incur medical expenses and will or may be required to undergo medical treatment in the future. 10. As a result of the negligence and carelessness of defendant, plaintiff has undergone pain and suffering and shock and damage to her nervous system and will undergo pain and suffering and shock and damage to her nervous system in the future. 11. As a result of the negligence and carelessness of defendant, plaintiff has or will suffer loss of life's pleasures and enjoyment. 12. As a result of the negligence and carelessness of defendant, plaintiff has suffered impairment of her earning power and loss of income and may suffer future impairment of her earning power and income. -3- 13. As a result of the negligence and carelessness of defendant, plaintiff has or will suffer disfigurement and permanent disability to her person. WHEREFORE, plaintiff demands judgment against defendants in an amount in excess of the jurisdictional amount requiring arbitration referral by local rules of court. ent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -4- VERIFICATION I, Angela S. Martin, verify that the statements in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Anger S. Martin 12IWI Db Date ANGELA S. MARTIN, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-4739 CIVIL TERM DANIEL S. JOHNSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this k -day of ,2007 I, Kent H. Patterson, hereby certify that I this day served the within complaint by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for defendant as follows: Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Kent H. Patterson Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 I Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 irettigAhoslawpa. com ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Angela S. MArtin, Plaintiff c/o Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 (Attorney for Plaintiffi You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, OSBORNE & RETTIG, P.C. J Date: Z!? Esquire I.D. T Yo?l1904 6 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 irettip-Ahoslawua. corn ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Daniel S. Johnson, by his attorneys, Osborne & Rettig, P.C., and Answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who she says she is. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is admitted that an accident occurred at this intersection involving vehicles driven by Defendant and Plaintiff. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 6. Denied pursuant to Pa. R.C.P. 1029. 7-13. With respect to the allegation of negligence on the part of the Defendant, those allegations are denied pursuant to Pa. R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant requests Plaintiff's Complaint be dismissed without cost to him. NEW MATTER 14. Plaintiff's claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 15. If Plaintiff is subject to the limited tort option, then her claims for non economic damages are barred. 16. Plaintiff has or may have failed to mitigate her damages. WHEREFORE, Defendant requests Plaintiffs Complaint be dismissed without cost to him. Respectfully submitted, & RETTIG, P.C. Je ey B. Rettig, Esqu: No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: ?? Attorneys for Defendant VERIFICATION I, Daniel S. Johnson, hereby verify and state that the facts set forth in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated: I l d r son 4Daniel S. CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 OSBORNE & RETTIG, P.C. JXffrey B. Rettig, Esquire D. No.: 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: Attorneys for Defendant C-) r- ) i.:: ? C_ T c. -TI ' i? IN THE MATTER OF: ANGELA MARTIN MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DANIEL JOHNSON CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -VS - ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 DATE: 04/17/2007 MCS on behalf of IMEZB. RETTIG,`-ESQ. L-/_ Attorney for DEFENDANT R1.33 133-H DE11-0682447 47502-L03 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 STATE FARM INSURANCE CO. INSURANCE TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/28/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 t1.31S 133-H DE02-0358904 47502-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN vs. DANIEL JOHNSON File No. 06-4739 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for STATE FARM INSURANCE CO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B. RETTIG, ESO. ADDRESS: 126-128 WALNUT STREET HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant APR 1 7 2007 Date: P& Seal of the Court BY THE COURT: Prothonotary/Clerk, Ci tl D- ton Deputy 47502-03 I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE CO. ONE STATE FARM DRIVE P.O. BOX 41 CONCORDVILLE, PA 19331 RE: 47502 ANGELA MARTIN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY# 015089938D, CLAIM# 38K497596 INCLUDING PEER REVIEW REPORTS AND TESTING. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 08-18-2004 to the present. Subject : ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 Date of Loss: 08/18/2004 R1.31S 133-H SU10-0677440 47502-LO3 ?, --' ? ? v ?'- ? , ?r r' ? ? , j ?, { ' j . '1? f .<- ,' ? „? y t J ?? ?.? ,_ ? ,.1 ? , Ste'--- '_? r y ?? . ? ^ r ? ,?` ...? ` f ! . 5? vt ..+C. ? Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant ANGELA S. MARTIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 06-4739 DANIEL S. JOHNSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE THE PROTHONOTARY, Please withdraw the appearance of Jeffrey B. Rettig, Esquire and Osborne & Rettig, P.C., on behalf of the Defendant in the above-captioned action. NE & RETTIG, P.C. 'Jeffrey B. Rettig, Esfire PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY, Please enter the appearance of Jeffrey B. Rettig, Esquire and Johnson, Duffie, Stewart & Weidner, on behalf of the Defendant in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By: effrey B. Rettig, Es e CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the day of 2007: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER B gr e?y ZBRettig, Es ire :297337 R..._7 ti ? ?c'i C." --?' ..-1 , -??, ^t ? --rs .? t ! f,,..? i ^ ; f ? ? . . _. om, y y ` Y ? f?J :-? ? `? Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Daniel S. Johnson ANGELA S. MARTIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 06-4739 DANIEL S. JOHNSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT DANIEL S. JOHNSON MOTION TO CQMPEL AND NOW, comes Defendant, Daniel S. Johnson, by and through his attorneys Johnson, Duffie, Stewart & Weidner, and Jeffrey B. Rettig, Esquire, and files this Motion to Compel Plaintiff to provide Answers to Defendant's Interrogatories and Request for Production of Documents and represents as follows: 1. Plaintiff commenced the above-captioned action by filing a Writ of Summons on or about August 17, 2006. Plaintiff filed a Complaint on or about January 2, 2007. 2. In her Complaint, Plaintiff Angela Martin alleges injuries and damages as a result of a motor vehicle accident that occurred on or about August 18, 2004. 3. By correspondence dated January 25, 2007, Plaintiff Martin was served with Defendant's Interrogatories and Request for Production of Documents. A copy of the correspondence dated January 25, 2007 is attached hereto and marked Exhibit A. 4. On or about March 6, 2007, attorney for Defendant Johnson, Jeffrey B. Rettig, Esquire, sent a letter to Kent Patterson, Esquire, attorney for Plaintiff, notifying Attorney Patterson that Plaintiffs answers to Defendant's Interrogatories and responses to Defendant's Request for Production of Documents were overdue. A copy of this correspondence dated March 6, 2007, is attached hereto and marked Exhibit B. 5. On or about May 8, 2007, attorney for Defendant Johnson, Jeffrey B. Rettig, Esquire, sent a letter to Kent Patterson, Esquire, attorney for Plaintiff, notifying Attorney Patterson that Plaintiffs answers to Defendant's Interrogatories and responses to Defendant's Request for Production of Documents continue to be overdue. A copy of this correspondence dated May 8, 2007, is attached hereto and marked Exhibit C. 6. The Plaintiffs failure to respond to written discovery requests are in violation of the Pennsylvania Rules of Civil Procedure and are delaying the progress of this case. 7. To date, Plaintiff Martin has not provided responses to Defendant's Interrogatories and Request for Production of Documents, and no timely objections have been lodged. 8. Obtaining complete responses is necessary for the Defendant to be able to defend. 9. Plaintiff is represented by Kent Patterson, Esquire, 221 Pine Street, Harrisburg, PA 17101. 10. Defendant Daniel Johnson is represented by Jeffrey B. Rettig, Esquire, Johnson & Duffie, 301 Market Street, PO Box 109, Lemoyne, PA 17043. WHEREFORE, Defendant Daniel Johnson, respectfully requests this Honorable Court to enter an Order compelling Plaintiff, Angela Martin, to provide complete answers to Defendant's Interrogatories and Requests for Production of Documents or face Rule 4019 sanctions on further motion. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Jeffrey B. Rettig, Esquirf Supreme Ct. I.D.#19616 301 Market Street Lemoyne, PA 17043 (717) 761-4540 F Xhjbj+ A 0 OSBORNE & REMG, P.C. ATTORNEYS AT LAW 126-128 WALNUT STREET, HARRISBURG, PA 17101 - TELEPHONE (717) 232-3046 - FACSIMILE (717) 232-3538 JEFFREY B. RETnG January 25, 2007 Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 Re: Martin v. Johnson Cumberland County Docket No.: 064739 Civil Term Dear Mr. Patterson: WRITER'S EXTENSION: 106 WRITER'S E-MAIL ADDRESS: irettdig@Li4alawtm.com Enclosed please find Defendant, Daniel Johnson, Interrogatories and Request for Production of Documents addressed to your client, Angela Martin. Kindly respond to this discovery within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter truly yours, J y tti JBR/jrs Enclosure ?Wtlbl+ 5 • OSBORNE & REMG, P.C. ATTORNEYS AT LAW 126-128 WALNUT STREET, HARRISBURG, PA 17101 • TELEPHONE (717) 232-3046 FACSIMILE (717) 232-3538 JEFFREY B. RETTIG WRITER'S EXTENSION:; 106 WRITER'S E-MAIL ADDRESS: jrettigftoslawmcom March 6, 2007 Kent Patterson; Esquire 221 Pine Street Harrisburg, PA. 17 101 Re: Martin v. Johnson Cumberland County Docket No.: 06-4739 Civil Term Dear W. atterson: We sent Interrogatories and Request for Production of Documents for answer by your client in correspondence dated January 25, 2007. ' We are not in receipt of your answers. Kindly advise when we can expect your answers to discovery. Thank you for your attention to this matter JBR/jrs E) JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, RL MARK C. DUFFIE JOHN R. NINOSKY L,kW OFFICES DUFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) MICHAEL J. CASSIDY 1VRITER'5 ExT. NO. 165 jhjf44d8SU PAM May 8, 20.07 Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 Re: Martin v. Johnson Cumberland County Docket No: 06-4739 Civil Tenn Dear Kent, We sent Interrogatories and Request for Production of Documents for answer by your client on January 25, 2007. On March 6,. 2007, 1 sent follow up correspondence to you requesting the overdue answers to discovery. To date, we are not in receipt of your answers. Kindly advise when we can expect the answers to our discovery. If I do not hear from you within ten (10) days, I will have no other choicebut to file a Motion to Compel. Thank you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER e rg JBRfjrs:297454 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.7613015 MAIL®JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the X-3 day of , 2007: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 N, DUFFIE, STEWART & WEIDNER 298848 ?? r- "" J (? • _ `war _.?? 1'7'i r-- ?? .? 4 ??} «. .. - gy,.. Y' ? , ? .. ., ??1 ? \ ? I. Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Daniel S. Johnson ANGELA S. MARTIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 06-4739 DANIEL S. JOHNSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT DANIEL S. JOHNSON AMENDMENT TO MOTION TO COMPEL AND NOW, comes Defendant, Daniel S. Johnson, by and through his attorneys Johnson, Duffie, Stewart & Weidner, and Jeffrey B. Rettig, Esquire, and files this Amendment to Motion to Compel Plaintiff to provide Answers to Defendant's Interrogatories and Request for Production of Documents and represents as follows: 1. Plaintiff commenced the above-captioned action by filing a Writ of Summons on or about August 17, 2006. Plaintiff filed a Complaint on or about January 2, 2007. 2. In her Complaint, Plaintiff Angela Martin alleges injuries and damages as a result of a motor vehicle accident that occurred on or about August 18, 2004. r 4. 3. By correspondence dated January 25, 2007, Plaintiff Martin was served with Defendant's Interrogatories and Request for Production of Documents. A copy of the correspondence dated January 25, 2007 is attached hereto and marked Exhibit A. 4. On or about March 6, 2007, attorney for Defendant Johnson, Jeffrey B. Rettig, Esquire, sent a letter to Kent Patterson, Esquire, attorney for Plaintiff, notifying Attorney Patterson that Plaintiff's answers to Defendant's Interrogatories and responses to Defendant's Request for Production of Documents were overdue. A copy of this correspondence dated March 6, 2007, is attached hereto and marked Exhibit B. 5. On or about May 8, 2007, attorney for Defendant Johnson, Jeffrey B. Rettig, Esquire, sent a letter to Kent Patterson, Esquire, attorney for Plaintiff, notifying Attorney Patterson that Plaintiffs answers to Defendant's Interrogatories and responses to Defendant's Request for Production of Documents continue to be overdue. A copy of this correspondence dated May 8, 2007, is attached hereto and marked Exhibit C. 6. The Plaintiffs failure to respond to written discovery requests are in violation of the Pennsylvania Rules of Civil Procedure and are delaying the progress of this case. 7. To date, Plaintiff Martin has not provided responses to Defendant's Interrogatories and Request for Production of Documents, and no timely objections have been lodged. 8. Obtaining complete responses is necessary for the Defendant to be able to defend. 9. Counsel for Plaintiff, Kent Patterson, Esquire, concurs with this Motion to Compel, but does not concur with Sanctions. 10. No prior Judge has been involved in this case. 11. Plaintiff is represented by Kent Patterson, Esquire, 221 Pine Street, Harrisburg, PA 17101. 12. Defendant Daniel Johnson is represented by Jeffrey B. Rettig, Esquire, Johnson & Duffie, 301 Market Street, PO Box 109, Lemoyne, PA 17043. WHEREFORE, Defendant Daniel Johnson, respectfully requests this Honorable Court to enter an Order compelling Plaintiff, Angela Martin, to provide complete answers to Defendant's Interrogatories and Requests for Production of Documents or face Rule 4019 sanctions on further motion. JO DUFFIE, STEWART & WEIDNER w tiie ???1`.?yuII upr t. I.D.#19616 301 Street Lemoyne, PA 17043 (717) 761-4540 Respectfully submitted, r , • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, ostage prepaid, in Lemoyne, Pennsylvania, on the day of 2007: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER J rey B. Rettig, Esq V e 298848 ,7 ..? IN THE MATTER OF: ANGELA MARTIN DANIEL JOHNSON PREREQUISITE TO SERVICE OF A SUBPOENA 0V17!C-11§4;9 PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that CERTIFICATE (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/09/2007 C n behalf f PZj. RE B. ETTI ES? Attor y for DEFENDANT R1.35 133-H DE11-0697901 47502-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTIC CENTER X-RAY ONLY HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/19/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0366516 47502-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN File No. 06-4739 CIVIL VS. DANIEL JOHNSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND FAMILY PRACTICE (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: **** E ATTACHED RIDER **** at The MCS Cm=. Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B. RETTIG. ESQ. ADDRESS: 301 MARKET STREET P.O. BOX 109 LEMOYNE. PA 17043 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 0 2007 Date: Seal of the Court BY THE URT: rot onotary/Clerk, Civil Division Deputy 47502-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND FAMILY PRACTICE 4470 VALLEY STREET ENOLA, PA 17025 RE: 47502 ANGELA MARTIN prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-2002 to the present. Subject ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 R1.35S 133-H SU10-0691612 47502-LO4 CERTIFICATE IN THE MATTER OF: ANGELA MARTIN DANIEL JOHNSON PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIU PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS - TERM, CUMBERLAND CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/09/2007 J C C behalf of ?? B. ETTI ESQ. DEFENDANT Aty for R1.35 133-H DE11-0697902 47502-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTIC CENTER X-RAY ONLY HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/19/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0366516 47502-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN File No. 064739 CIVIL VS. DANIEL JOHNSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERITAGE D A NOSTI CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Group- Inc 1601 Market Street, Suite 800, Philadeh2 ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B. RETTIG, ES ADDRESS: 301 MARKFT STRFFT TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 9 2007 Date: Jax)L- 12f -?=7 - Seal of the Court BY THE URT: - I pa4i:? ro onotary/Clerk, Civil Divis* Deputy 47502-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERITAGE DIAGNOSTIC CENTER 3 WALNUT ST. LEMOYNE, PA 17043 RE: 47502 ANGELA MARTIN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI'S Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 01-01-2002 to the present. Subject : ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 R1.35S 133-H SU10-0691614 47502-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ANGELA MARTIN ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- DANIEL JOHNSON CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/09/2007 AJ; 6RE for DEFEND R1.35 133-H DEl1-0697903 47502-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTTC CENTER X-RAY ONLY HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/19/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0366516 47502-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN VS. DANIEL JOHNSON File No. 06-4739 CjYjL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER * * * * at The MCS Group, Inc 1601 Market Street Suite 800- Philadeb2hia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B. RETTIG. ES ADDRESS: 301 MARKET STREET TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 9 2007 Date: >,?(.(JI> '? ?.? . oZQO Seal of the Court BY THE URT: Prothonotary/Clerk, Civil Divisi Deputy 47502-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 47502 ANGELA MARTIN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING 8/18/04 ER RECORDS Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: from: 01-01-2003 to the present. Subject : ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 R1.35S 133-H SU10-0691616 47502-LO6 IN THE MATTER OF: ANGELA MARTIN DANIEL JOHNSON CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA OR16i PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/09/2007 SI MC n beh(a, o L S R B. RETTIG, ESQ Attor y for DEFENDANT R1.35 133-H DE11-0697904 47502-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTTC CENTER X-RAY ONLY HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is . waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/19/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0366516 47502-C02 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN File No. 06-4739 CIVIL VS. DANIEL JOHNSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPMa HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER at The MCS Group, Inc.. 1601 Market Street, Suite 800-PhilAddWlia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the 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: JEFFREY B. RETTIG. ES ADDRESS: 3M MARKET STREET TELEPHONE: (21155) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 9 2007 Date: JU.A? e- /2 Zoo ? BY THE 7URT. ro onotary/Clerk, Civil Division Deputy Seal of the Court 47502-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET BILLING DEPARTMENT CAMP HILL. PA 17011 RE: 47502 ANGELA MARTIN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-2003 to the present. Subject : ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 R1.35S 133-H SU10-0691618 47502-LO7 CERTIFICATE > PREREQUISITE TO SERVICE OF A SUBPOENA ORIGGiL PURSUANT TO RULE 4009.22 IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/09/2007 l CS o behal o _ l ?? f . RETTIG ESQ. E B. AttorriVy for DEFh ANT 21.35 133-H DE11-0697905 47502-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTTC CENTER X-RAY ONLY HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/19/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 11.35S 133-H DR02-0366516 47502-CO2 COMMONWEALTH,OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN VS. DANIEL JOHNSON File No. 06-4739 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL. CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Ca=. Inc-- 1601 Market Street, Suite 800. P iladelp ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B. RETTIG, ESQ. ADDRESS: 301 MARKET STREET P.O. BOX 109 LEMOYNE. PA 17043 TELEPHONE: _{) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 9 2007 Date: Seal of the Court BY THE OURT: 2 rot onotary/Clerk, Civil Divisi? Deputy 47502-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 47502 ANGELA MARTIN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: from: 01-01-2002 to the present. Subject : ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 21.355 133-H SU10-0691620 47502-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-4739 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy Of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/09/2007 *tt eh if o ETTI E5 s for DE E AN R1.35 133-H 3DE11-0697906 47502-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA MARTIN -VS- DANIEL JOHNSON COURT OF COMMON PLEAS TERM, CASE NO: 06-4739 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTTC CENTER X-RAY ONLY HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY TO: KENT PATTERSON, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/19/2007 CC: JEFFREY B. RETTIG, ESQ. - 2006-2006 JOHN CRESSWELL - 0048432060002 Any questions regarding this matter, contact MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 t1.35S 133-H DS02-0366516 47502-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA MARTIN vs. DANIEL JOHNSON File No. 064739 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800, P ilad lphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B. RETTIG. ES ADDRESS: 301 MARKET STREET TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 0 0 2W Date: Seal of the Court BY THE URT: 0 onotary/Clerk, Civil Divisio eputy 47502-09 C EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER BILLING DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 47502 ANGELA MARTIN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-2002 to the present. Subject : ANGELA MARTIN 112 E. COLUMBIA ROAD, ENOLA, PA 17025 Date of Birth: 11-19-1982 L.35S 133-H SU10-0691622 47502-LO9 r--' ?-3n c.- ?, ? ?? ?? N ? ??'; ' ?,?_,=? ? _,. -, --: § v:;? Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Daniel S. Johnson ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT DANIEL S. JOHNSON MOTION FOR SANCTIONS AND NOW, comes Defendant, Daniel S. Johnson, by and through his attorneys Johnson, Duffie, Stewart & Weidner, and Jeffrey B. Rettig, Esquire, files this Motion for Sanctions for Plaintiffs failure to comply with this Court's Order issued on June 18, 2007, as follows: 1. On or about June 8, 2007, Defendant filed with this Court a Motion to Compel for Plaintiff to provide full and complete responses to Defendant's Interrogatories and Request for Production of Documents, based upon Plaintiffs failure to respond to repeated requests for the information. 2. On June 18, 2007, this Honorable Court, by Judge M. Ebert, Jr., issued an Order compelling Plaintiff to provide full and complete discovery answers and responses within 20 days of the date of the Order. The Order also states that failure to comply with the Order will result in sanctions as provided by Pa.R.C.P. 4019. A true and correct copy of said Order is attached hereto and incorporated herein as Exhibit A. 3. A copy of the Order was served upon counsel for Plaintiff directly by this Honorable Court and also by attorney for Defendant Johnson, Jeffrey B. Rettig, in correspondence dated June 21, 2007. A copy of the correspondence dated June 21, 2007 is attached as Exhibit B. 4. Plaintiff has continued to fail to provide full and complete discovery answers and responses to Defendant's Interrogatories and Request for Production of Documents. 5. Twenty (20) days have passed from the date of the execution of the Order, yet Plaintiff has served no response to the Order. 6. Pa.R.C.P. 4019 (a) authorizes the Court to sanction a party who fails to serve answers to Interrogatories (4019 (a) (1) (i) ) or who fails to make discovery or obey an Order of court respecting discovery (4019 (a) (1) (viii)). 7. Pa.R.C.P. 4019 (c) authorizes the Court to refuse to allow a disobedient party to support or oppose designated claims or prohibiting such party from introducing in evidence designated documents, things or testimony (see 4019 (c) (2) ) or such other order with regard to the failure to make discovery as is just. 8. Defendant is prejudiced and unable to present a defense to Plaintiffs liability and damage claims in the absence of information contained in the Interrogatories and Request for Production of Documents. 9. Counsel for Plaintiff, Kent Patterson, Esquire, does not concur with this Motion for Sanctions. 10. Plaintiff is represented by Kent Patterson, Esquire, 221 Pine Street, Harrisburg, PA 17101. 11. Defendant Daniel Johnson is represented by Jeffrey B. Rettig, Esquire, Johnson & Duffle, 301 Market Street, PO Box 109, Lemoyne, PA 17043. WHEREFORE, Defendant Daniel Johnson, respectfully requests this Honorable Court grant Defendant's Motion for Sanctions and impose sanctions pursuant to Pa.R.C.P. 4019, upon application to this Court by the Defendant. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER '4Dpre B. Rettig, Esq it e C t. I.D.#19616 301 Market Street Lemoyne, PA 17043 (717) 761-4540 C X????? ? ?" \ MAY 3 1W /j"? ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day oh?jjw.jj , 2007, after consideration of Defendant's Motion to Compel Plaintiff to provide Complete Discovery Answers and Responses, it is hereby ORDERED that Defendant's motion is GRANTED. PI ' tiff must provide Defendant with complete discovery answers and responses with days of this Order or face Rule 4019 sanctions on further motion. BY THE COURT, J. 298852 Fx H) is F, JERRY R. DUFFLE RICHARD W.STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY jL??rsoN DUFFIE June 21, 2007 Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) .W' ?'TTFR'S XT. NO. 165 Re: Martin v. Johnson Docket No: 06-4739 Civil Term (Cumberland County) Our File No: 014775.00042 Dear Kent, Enclosed is a copy of the Court's Order requiring that you Answer my discovery within twenty (20) days from June 18, 2007. 1 assume you received a copy of this Order directly from the Judge but I wanted to make sure that you have it. I look forward to receiving your Answers to our discovery. Best regards. =WART & WEIDNER JBR/mmc 301609 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Very truly yours, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the day of 2007: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeffrey B. Rettig, F?ifiuire 298848 ?--\ N c _ _ -..! -?-? -- f f'iI T _ G) n.? i'i1 ?' ; ;? . C:7 ? j a. t j .{ _V. ?, C ? ° ? `?I f1 -! . . . Ci: ?{ c Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS THE PROTHONOTARY, Please withdraw the Motion for Sanctions filed by Jeffrey B. Rettig, Esquire and Johnson, Duffie, Stewart & Weidner on behalf of the Defendant in the above-captioned action. NE & RETTIG, P B. Rettig, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, posta a prepaid, in Lemoyne, Pennsylvania, on the day of 2007: 61 Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOH , DUFFIE, ST ART & WEIDNER 2 rey B. Rettig, E Wire rr- -7D rx J -< Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Daniel S. Johnson ANGELA S. MARTIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 06-4739 DANIEL S. JOHNSON, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SUGGESTION OF DEATH It is suggested that in November 2007, Daniel Johnson died. His father Bertrand Johnson has been named his Personal Representative. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER upreme Ct. I.D.#1 c 301 Market Street Lemoyne, PA 17043 (717) 761-4540 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served the following counsel of record, by depositing the same y ed upon in the United States Mail, Po prepaid, in Lemoyne, Pennsylvania, 2008: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 on the day of DUFFIE, , STEWART & WEIDNER 1 Jeffrey B. Rettig, wire 338303 C'3 c:, ?? ?. ? c? ? -tx " C 4nZ C? -- ..- "'? 7 '`? ,...-- ^'( ?Cl '"??T '?_ ... Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant Attorneys for Defendant Daniel S. Johnson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S DEPOSITION AND NOW, comes Defendant, Daniel S. Johnson, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files this Motion to Compel Plaintiff to attend her deposition, and in support there, represents as follows: 1. This cases arises out of an automobile accident that occurred on August 18, 2004. 2. Plaintiff filed her Complaint on January 2, 2007. 3. On June 19, 2008, the undersigned counsel scheduled Plaintiffs deposition for July 25, 2008. A copy of the Notice of Deposition is attached hereto, marked as Exhibit "A". 4. On July 25, 2008, at 11:00 a.m., Plaintiffs attorney was present at Defendant's counsel to participate in the deposition, but Plaintiff neither telephoned nor came to Defendant's counsel's office. 5. It is unknown to Defendant's counsel why Plaintiff did not attend her deposition. 6. Based on information and belief, Plaintiff knew that her deposition was to take place on July 25, 2008, at 11:00 a.m. 7. As Plaintiff failed to attend her previously-scheduled deposition, Defense Counsel requests the Court enter an Order compelling Plaintiff to attend a deposition at defense counsel's office on September 10, 2008, at 10:00 a.m. 8. This date has already been cleared with Plaintiffs attorney. WHEREFORE, Defendant requests that the Court enter an Order compelling Plaintiff to attend a deposition on September 10, 2008. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4effrey B. Rettig, Ci(quire Supreme Ct. I. D.#19616 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant To: Angela Martin c/o Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 : CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE TAKE NOTICE, that pursuant to the Rules of Civil Procedure, counsel for the Defendant, will take the deposition of Angela Martin, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individual(s) is(are) required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the following place or location and time: Law Offices Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Date: July 25, 2008 Time: 11:00 A.M. You are invited to attend and examine the witness(es) as you deem fit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ey B. Rettig, Esq p(ttorney I.D. No. 196 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-mail: jbr@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, as follows: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNS0-K DUFFIE, STEWART & WEIDNER ? Dated: 00 BY 11 rey B. Rettig, E ire CERTIFICATE OF SERVICE 1 hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same ' he United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the day of , 2008: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeffrey B. Re o, Esquire :339829 Johnson, Duffie, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Daniel S. Johnson ANGELA S. MARTIN, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-4739 DANIEL S. JOHNSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S DEPOSITION AND NOW, comes Defendant, Daniel S. Johnson, by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Motion to Compel Plaintiff to attend her deposition, and in support there, represents as follows: 1. This cases arises out of an automobile accident that occurred on August 18, 2004. 2. Plaintiff filed her Complaint on January 2, 2007. 3. On June 19, 2008, the undersigned counsel scheduled Plaintiffs deposition for July 25, 2008. A copy of the Notice of Deposition is attached hereto, marked as Exhibit "A". 4. On July 25, 2008, at 11:00 a.m., Plaintiff's attorney was present at Defendant's counsel to participate in the deposition, but Plaintiff neither telephoned nor came to Defendant's counsel's office. 5. It is unknown to Defendant's counsel why Plaintiff did not attend her deposition. 6. Based on information and belief, Plaintiff knew that her deposition was to take place on July 25, 2008, at 11:00 a.m. 7. As Plaintiff failed to attend her previously-scheduled deposition, Defense Counsel requests the Court enter an Order compelling Plaintiff to attend a deposition at defense counsel's office on September 10, 2008, at 10:00 a.m. 8. This date has already been cleared with Plaintiffs attorney. 9. No judge has ruled upon any other issue in this or a related matter. 10. Plaintiffs counsel concurs in this Motion but not in the proposed Order. WHEREFORE, Defendant requests that the Court enter an Order compelling Plaintiff to attend a deposition on September 10, 2008. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER J rey B. Rettig, Esq e preme Ct. I.D.#19616 301 Market Street Lemoyne, PA 17043 (717) 761-4540 339829 ??Xh, b [ ? & Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I . D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ANGELA S. MARTIN, Plaintiff V. DANIEL S. JOHNSON, Defendant To: Angela Martin c/o Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4739 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE TAKE NOTICE, that pursuant to the Rules of Civil Procedure, counsel for the Defendant, will take the deposition of Angela Martin, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individual(s) is(are) required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the following place or location and time: Law Offices Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Date: July 25, 2008 Time: 11:00 A.M. You are invited to attend and examine the witness(es) as you deem fit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B. Rettig, Esq v I.D. No. 196 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-mail: jbr@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, as follows: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNS-0I% DUFFIE, STEWART & WEIDNER Dated: By? _ ,? rey B. Rettig, E ire CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the day of August, 2008: Kent Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 JOHNSON, DUFFIE, S?EWART & WEIDNER ?i sy: /Zwzl, - e rey B. Rettig, PEs uire :339829 t-.? ? :. ?7 {?, y'v G'? ,? c, . ?? t'?• ? "S i ??{''? ?.-? .a ?-? ?-'s'"t ??? Y. ' -+'" 'i ?,.:« -?. C.:.3 AUG,, 15 2008 ANGELA S. MARTIN, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 06-4739 DANIEL S. JOHNSON, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER 1 t? AND NOW, this day of 2008, upon consideration of Defendant's Motion to Compel Plaintiff to attend her deposition, it is hereby ORDERED that Plaintiff attend her deposition scheduled for September 10, 2008 at 10:00 a.m., at Defense Counsel's office. Plaintiff's failure to attend without reasonable cause will result in dismissal of her claim. By the Court: J. r ani'' i no to :h w8 s i onv ow 901-!40-031H PRAECIPE FOR LISTING CASE FOR TRIAL. (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. - -- - - - -- - - - ------ - --------- - -- - ---- - -- - --------- - -------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) 1 L w Angela S. Martin (Plaintiff) VS. Daniel S. Johnson vs. (Defendant) Civi Ac42on - a Appeal from arbitration 13 (other) The trial list will be called on 3/17/09 and Trials commence on 4/13/09 3/25/09 Pretrials will be held on (Briefs are due 5 days before pretrials No.06-4739 Term indicate the attorney who will try case for the party who files this pmecipe: Jeffrey B Rettig, Esquire. 301 Market St., Lemoynt-, Pa 17041 C-7761-4540 Indicate trial counsel for other parties if known: Kent Patterson, Esquire, 221 Pine This case is ready for trial. HarrisburQ.,-?RA 17101 Print Name: Jeffrey B. Rettig, Esquire Date: 2 // 7 Attorney for: Defendant t t '=' CZ) sr lj= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARTIN Vs. NO. 064739 JOHNSON - 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 JEFFREY B RETTIG, 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: 03/19/09 414-11 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOUM BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 File #: R361499 By: Susan Tyre M T L ? R MEDICAL LEGAL REPROD UCTIONS, INC. Main Uf?fice 4940 Disstou Street Philadelphia, Pa. 19135 Phone: (215) 335-3212 Fax: (215) 338-2980 E-mail Address: legal@nedkg.com Jefferson Bldg., Suite 926 1015 Chestnut Street Philadelphia, Pa 19107 Feb 25, 2009 WEST SHORE EMS 205 GRANVIEW AVE # 11 CAMP HILL PA 17011 ATTN: CUSTODIAN OF RECORDS RE: Caption: Our File #: Dear Record Custodian: ANGELA MARTIN MARTIN v. JOHNSON R361499-01 Enclosed please find a subpoena for the release of records. Please note that all applicable Rules of Civil Procedure have been complied with in the issuance of this subpoena. Counsel for all parties have been notified and to date no objections have been raised. Accordingly RECORDS MUST BE RECEIVED BY OUR OFFICE ON OR BEFORE: 03/31/09 The enclosed Record Certification MUST be signed and returned with these documents. The records and/or x-rays requested can be: * MAILED * COPIED AT YOUR OFFICE WITH OUR EQUIPMENT * FAXED TO (800) 220-2871 Kindly contact the undersigned if you wish to take advantage of our on-site copying. Thank you for your anticipated cooperation. very truly yours, ER/kd enclosures Susan Tyre MEDICAL LEGAL REPRODUCTIONS (215) 335-3653 INCLUDE OUR FILE NUMBER ON YOUR RESPONSE - 8361499-01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARTIN Vs. JOHNSON I No. 064739 TO: KENT PATTERSON, 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: 02/26/09 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc (s) : Copy of subpoena (s) Counsel return card File #: 8361499 OF PENNSYLVANIA CD[ Nry OF MARTIN Vs. File No. 064739 JOHNSON ; ZJBPCENA TO PRODUCE DOa&ENTS OR TH I NZ 99MY PURSUANT TO RULE 4009.22 FOR D11 WEST SHORE EMS, 205 GRANVIEW AVE # 11, CAMP HILL PA 17011 TO: ATTN: CUSTODIAN OF RECORDS (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 ors gl rFAc- +$-ADT'BPmTm ^- at MEDICAL LEGAL ST., . , fir--- - (Address) You may deliver or mail legible copies of the documents or produce things requested b, this subpoena, together with the certificate of carplianee, to the party making thi request at the address listed above. You have the right to seek in advance the reasonablc- cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- c onpe I i i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIrE, JEFFREY B RETTIG, ESQ ADDRESS : 301 MARKET ST T.F.MQYNE, PA 17043 TELEPHONE: ,2 215 335 SUPREME COURT 1D # -- 1966 ATTORNEY FOR: DEFENDANT R361499-01 DATE:- Seal a ?. a a of the Court BY THE COURT: Prothonotary/ 1erk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MARTIN Vs. No. 064739 JOHNSON CUSTODIAN OF RECORDS FOR: WEST SHORE EMS **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: ANGELA MARTIN ADDRESS: 112 E COLUMBIA RD ENOLA PA DATE OF BIRTH: 11/19/82 SSAN: XXXXX8860 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 WEST SHORE EMS CUMBERLAND R361499-01 * * * SIGN AND RETURN THIS PAGE * * * ADDENDUM West Shore EMS Copy of the entire EMS transportation record to include, but not limited to, any and all correspondence, forms, EMS transportation log, handwritten notes and any other documents whatsoever contained in the EMS and transportation documents pertaining to services provided to Angela Martin; DOA 8/18/2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARTIN Vs. NO. 064739 JOHNSON CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, NEST SHORE ENS certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 03/1909 have been produced. Date AUTHOR= SIGNATURE F NEST SHORE ENS . Complete the APPROPRIATE SECTION ONLY and return entire page. *** THIS PAGE MUST BE COMPLETED AND RETURNED *** NO RECORD STATEMENT I, the undersigned, hereby certify that I am the duly authorized custodian of records for WEST SHORE ENS and I hereby certify to the; following: THAT I HAVE RECEIVED A SUBPOENA REQUESTING DOCUMENTS OR THINGS PERTAINING TO THE ABOVE-CAPTIONED INDIVIDUAL AND THAT AFTER HAVING MADE A THOROUGH SEARCH FOR SAID ITEMS, I CERTIFY THAT OUR OFFICE IS UNABLE TO FIND ANY (CHECK APPROPRIATE BOX) ( ) RECORDS Date R361499-01 ( ) PATIENT BILLING ( ) X-RAY FILMS AUTHORIZED SIMUMURE FOR WEST SHORE ENS CC: JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 r? ,?T ?. "'? ?7 ..?» t3 ? :, ? t, N ? ??C- . . "-° .r . fem... -t ^,. .C ? '?". ?Ct1 ...r " -? ? #12 ANGELA S. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL S. JOHNSON, Defendant NO. 06-4739 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of March, 2009, before Edgar B. Bayley, Judge, present for the plaintiff was Kent H. Patterson, Esquire, and for the defendant, Jeffrey B. Rettig, Esquire. This is an accident case that occurred on August 18, 2004. Suit was filed at the end of 2006. The defendant listed the case for trial. Plaintiff is not ready to go to trial because of an incomplete medical workup. Plaintiff moved for a continuance which was opposed by defendant. We are continuing the case, but if it is listed again, it will not be continued because plaintiff is not ready. By the Kent H. Patterson, Esquire For Plaintiff Jeffrey B. Rettig, Esquire For Defendant prs Y C"i N ?• Ul- L e . N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA S. MARTIN Plaintiff NO. 06-4739 CIVIL V. DANIEL S. JOHNSON Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kent H. Patterson , counsel for the plaintiff/dekadapt 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 $within jurisdictional limit The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jeffrey B. Rettig, Esquire. Attorney for D f_ndan WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. A? 70`7WOEV?-? eIe sPectfullY submitted Kent H. Patterson 221 Pine Street Harrisubrg, PA 17101 ORDER OF COURT (717) 238-4100 (Attorney for Plaintiff) AND NOW, 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. OF THE FrP, ' ''"`?'?1ARY 2099 JUN -9 AM 8. '30 All, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA S. MARTIN Plaintiff V. DANIEL S. JOHNSON Defendant NO. 06-4739 CIVIL W RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kent H. Patterson , counsel for the plaintiff/deixdapt 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 $within jurisdictional limit The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jeffrey B Rettig Esguire Attorney for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. /Q.Z07'- AND NOW, foregoing Esq., and l actions) as prayed for. pe Y submitted, Kent H. Patterson 221 Pine Street Harrisubrg, PA 17101 ORDER OF COURT (717) 238-4100 (Attorney for Plaintiff) 17 ?b4 , in consideration of the L Esq., -T Esq., are appointed arbitra ors in the above captioned action (or y the Cour P.J. esctfull OF {Fi t: 2009 Ufa 1 7 2QQ9 JU 3 K. Ali $' 30 71?s' ? aG 4%aS" hp?l ANGELA S. MARTIN, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL S. JOHNSON, DEFENDANT 06-4739 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2009, the appointment of James Decinti, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. James W. Kollas, Esquire, is appointed in his place. ?Charles Rector, Esquire Chairman James W. Kollas, Esquire ---?James Decinti, Esquire Court Administrator :sal eon 1 ? mat L?CL 1 71,16 ) 9 ;UWI A'j 8: 23 ?t Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. b C -tr 7 3 ? 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. 42 ?- Signature ignature I nature ? ?, ?? CCs ? GToI? Name (Chairman) Z(.L.- 0;" Law Firm //01111 Fe?-7 Address 10 Name Law Firm Address Name Law Firm Address city, Zip City Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following a(Tard: (Note: If dama es for dela are /awarded, they shall be separately stated.) y`- fN r'T"??r h 1l c? n c. vbV 0 Y'l ?a C' 4 !r 4 i 2 <.?G?,?l I'A ge Cie /ko i? o / 0 hC %/aw F:4- !^ /?<1 j . Arbitrator, dissJ nts. (Insert name if applicable.) Date of Hearing: ? °1 !v Date of Award: 1-2 i (Chairman) .p Notice of Entry of Award Now, the ?94k day of 02a n ,.IN-_ ZO-W--, at X6 S , P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. bitrators' compensation to be paid upon appeal: $ 356 0A By: Prothonotary Deputy FILED-}? xAW !)F T 2010 MAR 29 PM 3. 08 BMW ? .?w??lTY 3f?QJlb, ?aPt?s' rn??C?c`