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Home My WebLink About06-6393IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA JASON A. SERFECZ No. 0 L - /v3%3is.: L Ul, i - Civil Action - ( X) Law ( ) Equity E. SCOT BASOM 6311 SA,EM PARK CIRCLE MECHANICSBURG, PA 17050 versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ANTHONY T. MCBETH 407 NORTH FRONT STREET HARRISBURG. PA 17101 (717) 238-3686 Name / Address / Telephone No. of Attorney Defendant(s) & Address(es) A ) A rney (X ) Sheriff g ature of Attorney Supreme Court ID No. 53729 Cate:, WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS / HAVE COMMENCED AN ACTION AGAINST YOU. Proth otary Date: -6 rye ?z a 4061 by ( ) Check here if reverse is issued for additional information. Deputy Prothon. - 55 n ? d ? w ? .p N L? tt'+ GAS t? 5 'ri L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. SERFECZ, Plaintiff, CIVIL DIVISION 06-6393 CIVIL V. E. SCOTT BASOM, Defendant. JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter our appearance on behalf of the Defendant, E. Scott Basom, in connection with the above captioned action. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: ?? S ( 9 les E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele; (717) 731-4800 y Counsel for Defendant Is CERTIFICATE OF SERVICE AND NOW, this .gin-day of "'Dc- c- 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: Anthony McBeth, ]:squire 407 N Front Street Harrisburg, PA 17101 harles E. adic Esquire 2 C3 d it a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. SERFECZ, Plaintiff, V. E. SCOTT BASOM, Defendant. CIVIL DIVISION 06-6393 CIVIL JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue a rule on Plaintiff to i:ile a Complaint in the above case within twenty days after service of the rule or suffer a judgment of non pros. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date:December 1, 2006 arles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W,.,Schgnour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite X05 Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for Defendant RULE NOW, L , 200(, RULE ISSUED AS ABOVE Proth notary By: Deputy 1,, A CERTIFICATE OF SERVICE AND NOW, this?4 day of 71 c- c , 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: Anthony McBeth, :Esquire 407 N Front Street Harrisburg, PA 17.` 01 Ai Charles E. Haddick, Jr., Esquire 2 C_ cx^ cr, ' '? ?' SHERIFF'S RETURN - REGULAR CASE NO: 2006-06393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERFECZ JASON A VS BASOM E SCOTT RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon r- n/,AA T' C--r, 1TT the DEFENDAN'T' , at 2032:00 HOURS, on the 7th day of November , 2006 at 6311 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 by handing to E SCOTT BASOM a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 .39 8.80 10.00 R. Thomas Kline .00 / 37.19.? 11/08/2006 ANTHONY MCBETH ?/ By: ?'.G day Deputy She iff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. SERFECZ, Plaintiff, CIVIL DIVISION 06-6393 CIVIL V. E. SCOTT BASOM, Defendant. To: Jason A. Serfecz c/o Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 Date of Notice: January 2, 2007 JURY TRIAL DEMANDED TEN DAY NOTICE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THE ABOVE MATTER. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Office of Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013-3387 (717) 249-3166 (717) 240-6195 Respectfully submitted, DEarles MCC Y & CHILCOTE, P.C. Date: January 2, 2007 Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 7314800 Counsel for Defendant A+ CERTIFICATE OF SERVICE AND NOW, this 2id day of January, 2007, 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: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 Ll± Charles E. Haddick, Jr., squire 2 ? cr aa? Alp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERFECZ Vs. NO. 066393CV BASOM 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 CHARLES E HADDICK JR, 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: 01/05/07 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT File #: M337208 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) By: Donna Garofolo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERnCZ Vs. BASOM No. 066393CV TO: ANTHONY MCBETH, 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: 12/12/06 CHARLES E HADDICK JR, 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) 335-3336 By: Donna Garofolo Enc (s) : Copy of subpoena(s) Counsel return card File #: M337208 COMM3NWFALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND StRFECZ Vs. Fi le No. BASOM 066393CV SUBPOENA TO PRODUCE DOOJMENTS MDWCALL BILLING REQUESTED NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: MEDICAL RECORDS 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 things: ?- SEE ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS (A tSj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together wit! the certificate of ccmpliance, 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 thi, subpoena may seek a court orde:• carpe 11 i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES E HADDICK JR, ESQ ADDRESS: -990 r-GMR ILL BYPASS TELEPHONE : 17 011 SUPREME COURT 1D-# 215-335-3212 ATTORNEY FOR: DEFENDANT M337208-01 DATE: Seal of the court Deputy BY THE COM P othonotar Civil Division (Eff. 7/97) ADDENDUM TO SUBPOENA SERFECZ' Vs. BASOM No. 066393CV CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP *SEE ATTACHED ADDENDUM* PERTAINING TO: NAME: JASON A SERFECZ ADDRESS: DATE OF BIRTH: 07/19/81 SSAN: XXXXX 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. [ ] 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 for HOLY SPIRIT HOSP CUMBERLAND M337208-01 * * * SIGN AND RETURN THIS PAGE * * * M L-T R MEDICAL LEGAL REPROD UCTION,S. INC. Main Office Phone: (215) 335-3212 4940 Disston Street Fax: (215) 338-2980 Philadelphia, Pa. 19135 E-mail Address: legal a) aedleg.com ADDENDUM HOLY SPIRIT HOSP Jefferson Bldg., Suite 926 1015 Chestnut Street Philadelphia, Pa 19107 ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING JASON A SERFECZ FROM BEFORE 11/2/04 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPO1kTS. C o° 1 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant JASON A. SERFECZ, Plaintiff v. E. SCOTT BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW : NO. 06-6393 CIVIL TERM : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Cl N TICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio 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 ABOGADO IMMEDIATAMENTE SI NO TIENE AGOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant JASON A. SERFECZ, Plaintiff V. E. SCOTT BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6393 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Jason A. Serfecz, is an adult individual residing at 4415 La Plata Avenue, Apt. J, Baltimore, Maryland. 2. Defendant is an adult individual residing at 6311 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. On November 2, 2004, Plaintiff was traveling on a motorcycle westbound on Trindle Road, Mechanicsburg, Cumberland County. 4. At that time and place, Plaintiff, riding a motorcycle, was poised to make a left turn, and had signaled his intention to do so. 5. Eastbound traffic on Trindle Road was stopped, attempting to accommodate Plaintiff to make his left turn into a driveway at 4698 East Trindle Road. 6. As Plaintiff was completing his left turn, nearly into the driveway, Defendant, who was illegally traveling in his vehicle along the shoulder of Trindle Road, collided with Plaintiff and Plaintiffs motorcycle. 7. At that time and place, Defendant owed to Plaintiff specifically, and to other drivers and pedestrians generally, a duty to remain legally on the roadway and to drive his car, on the roadway or off, in such a manner that he could slow down or stop if the need arose, without causing injury. 8. Plaintiff believes and therefore avers that Defendant breached the duty described in the previous paragraph by taking certain actions, including but not limited to, driving illegally on the shoulder of the road, driving at a speed excessive for conditions and by failing to keep his automobile under adequate control so that he could avoid striking Plaintiff. 9. Plaintiff believes and therefore avers that Defendant's actions or inactions as described above constitute the legal cause for damages that Plaintiff had suffered, which will be articulated below. 10. As a direct result of Defendant's actions or inactions as described above, Plaintiff suffered a fracture in the knee area of his left leg, which caused him a great deal of pain and suffering, and may cause pain and suffering in the future. 11. As a further direct result of Defendant's actions or inactions, Plaintiff incurred expense for medical treatment, and may incur expense for medical treatment in the future. 12. As a further direct result of Defendant's actions or inactions, Plaintiff missed time from work, losing wages, and may continue to lose wages in the future. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor and against Defendant for an amount in excess of $35,000.00, together with interest, the 2 costs of this action and any other relief the Court deems appropriate. 30. e Anthony T. Beth, Estl. Attorney for intiff 407 North Fro St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 3 VERIFICATION I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am verifying the attached document for the Plaintiff in that he is outside the jurisdiction of this Court and his verification cannot be obtained by the time this Complaint needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). to nthony T. Beth, 97squire om Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant JASON A. SERFECZ, Plaintiff V. E. SCOTT BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-6393 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Charles E. Haddick, Jr., Esquire Dickie McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, #205 Camp Hill, PA 17011 Attorney r intiff 407 Nort VFr t St., First Floor Harrisbu17101 (717) 238-3686 Supreme Court I.D. # 53729 ry s_7 t' C!1 D 3 97623 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: GRANT W. SCHONOUR, ESQUIRE ATTORNEY FOR: DEFENDANT ATTORNEY I.D. NO. 93282 E. SCOTT BASOM BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) JASON A. SERFECZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. E. SCOTT BASOM, Defendant NO. 06-6393 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Jason A. Serfecz c/o Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 1710 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: Februaa 20, 2007 By: Grant Schonour, Esquire ATTO Y I.D. NO. 93282 Charl s E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, E. Scott Basom 97143 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: GRANT W. SCHONOUR, ESQUIRE ATTORNEY I.D. NO. 93282 BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) JASON A. SERFECZ, Plaintiff V. E. SCOTT BASOM, ATTORNEY FOR: DEFENDANT E. SCOTT BASOM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6393 CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: AND NOW, February 15, 2007, comes Defendant, E. Scott Basom, by and through his counsel, Dickie, McCamey & Chilcote, P.C. and files the within ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT as follows: Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 6. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 7. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 8. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 11. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 12. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant(s), E. Scott Basom respectfully request that this Honorable Court enter judgment in favor of Answering Defendants, together with all allowable costs and attorneys fees. NEW MATTER 13. Answering Defendant specifically denies any allegation of Plaintiff's Complaint not admitted above. 14. The Plaintiff has failed to state a claim against Answering Defendant upon which relief can be granted. 15. Plaintiffs claims are barred by the applicable statute of limitations. 16. At all times material hereto, Answering Defendant acted reasonably, properly, and prudently. 17. 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. 18. 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. 19. The Plaintiff, at all times material hereto, was 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. 20. 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 Plaintiff s claims are barred or, in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 21. Plaintiff has failed to mitigate damages. 22. 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. Respectfully submitted, DICKIE, MCCAMEY & CHII.COTE, P.C. Date: February 20, 2007 By: Grant W. Schonour, Esquire ATT Y I.D. NO. 93282 Chars E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, E. Scott Basom 97628 VERIFICATION I, Grant W. Schonour, Esquire, hereby state that I am an attorney for Defendant, E. Scott Basom in this action and verify that the statements made in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, Date: Februga 20, 2007 By: Grant W/Schonour, Esquire ATTO EY I.D. NO. 93282 Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, E. Scott Basom DICKIE, MCCAMEY & CHILCOTE, P.C. CERTIFICATE OF SERVICE AND NOW, February 20, 2007, I, Grant W. Schonour, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 (Plaintiff s Counsel) N p ' Ti n 99915 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: GRANT W. SCHONOUR, ESQUIRE ATTORNEY FOR: DEFENDANT ATTORNEY I.D. NO. 93282 E. SCOTT BASOM BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax JASON A. SERFECZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. E. SCOTT BASOM, NO. 06-6393 CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification(s) with the attorney verification attached to Defendants' Answer with New Matter to Plaintiffs Complaint. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: February 27, 2007 By: Gran. Schonour, Esquire ATT Y I.D. NO. 93282 Ch es E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, E. Scott Basom CERTIFICATE OF SERVICE AND NOW, February 27, 2007, I, Grant W. Schonour, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE TO upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 (Plaintiff s Counsel) 97629 VERIFICATION I, E. Scott Basom, hereby verify that the facts set forth in the foregoing ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 8, 00 E. Scott Basom C? ? -n ty ?, - _;? ? i `?? _? ^v \ ? ""' : C 1. .,- . , < K Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant JASON A. SERFECZ, Plaintiff V. E. SCOTT BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW NO. 06-6393 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 13. The facts set forth in Plaintiff's Complaint are incorporated herein by reference. 14. Denied. This averment is a conclusion of law to which no response is required. 15. Denied. This averment is a conclusion of law to which no response is required. 16. Denied. This averment is a conclusion of law to which no response is required. 17. Denied. This averment is a conclusion of law to which no response is required. 18. Denied. This averment is a conclusion of law to which no response is required. 19. Denied. This averment is a conclusion of law to which no response is required. 20. Denied. This averment is a conclusion of law to which no response is required. 21. Denied. This averment is a conclusion of law to which no response is required. 22. Denied. This averment is a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendant's New Matter, enter judgment for Plaintiff and against Defendant as requested in Mw Plaintiff's Complaint, and provide any other relief this Court deems appropriate. Anthony T. cBetH?l=sq. Attorney f laintiff 407 North r nt St., First Floor Harrisburg, A 17101 (717) 238-3686 Supreme Court I.D. # 53729 2 VERIFICATION I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am verifying the attached document for the Plaintiff in that he is outside the jurisdiction of this Court and his verification cannot be obtained by the time this Complaint needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn IAULax" 10, ate t') -TV ;_ 61 110712 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: GRANT W. SCHONOUR, ESQUIRE ATTORNEY I.D. NO. 93282 BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) JASON A. SERFECZ, Plaintiff ATTORNEY FOR: DEFENDANT E. SCOTT BASOM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. E. SCOTT BASOM, Defendant NO. 06-6393 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF AND NOW, comes Defendant, E. Scott Basom (hereinafter "Moving Defendant"), by and through his counsel, Dickie, McCamey & Chilcote, P.C., and moves this Honorable Court to Compel Plaintiff to Answer Defendant's Interrogatories and Respond to Defendant's Requests for Production of Documents and in support thereof avers as follows: 1. Plaintiff commenced this action with the filing of a Writ of Summons on October 31, 2006. 2. On December 1, 2006, Defendant filed a Praecipe for Rule to File Complaint and on January 4, 2007 Defendant filed a Ten Day Notice of Default. 3. Finally, on January 30, 2007, Plaintiff filed a Complaint in this matter. 1 r 4. On February 6, 2007, Moving Defendant propounded discovery upon Plaintiff in the form of interrogatories and requests for production of documents. See Discovery attached as Exhibit "A". 5. Pursuant to the Pennsylvania Rules of Civil Procedure, answers to the aforementioned discovery were due on or before March 8, 2007. Pa.R.C.P. 4006(a)(2); Pa 4009.1(2)(a). 6. Plaintiff failed to provide any response by the due date. 7. On March 26, 2007, Defendant asked Plaintiff for answers to interrogatories and requests for production to avoid having to file a Motion to Compel. See correspondence attached hereto as Exhibit "B". 8. To date, no discovery responses have been received from Plaintiff. 9. Pursuant to Pa.R.C.P. 4019, the Court may enter an Order on motion compelling answers to discovery. Pa.R.C.P. 4019. WHEREFORE, Moving Defendant, E. Scott Basom, respectfully requests the court order Plaintiff to respond to all outstanding discovery requests, including Interrogatories and Requests for Production of Documents within twenty (20) days of the date of this Order or be subject to further sanctions, including dismissal, upon Motion of Defendant 2 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 10, 2007 By: Grant W. Schonour, Esquire ATTORNEY I.D. NO. 93282 Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, E. Scott Basom 3 r ; CERTIFICATE OF SERVICE AND NOW, April 9, 2007, I, Grant W. Schonour, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 (Plaintiff s Counsel) ?m Grant W. Schonour, Esquire Exhibi+ A T 3 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. SERFECZ, Plaintiff, V. E. SCOTT BASOM, Defendant. CIVIL DIVISION 06-6393 CIVIL JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF INSTRUCTIONS 1. If you object to the production of any documents on the grounds that the attorney/client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) state its date; (b) identify its author; (c) identify each person who prepared or participated in the preparation of the documents; (d) identify each person who received it; (e) identify each person from whom the documents were received; (fl state the present location of the document and all copies thereof, (g) identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 2. "You" means Plaintiff, Jason A. Serfecz, or any representative, agent, servant, officer, or employee thereof. 3. "Defendant" means E. Scott Basom. DOCUMENTS REQUESTED 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 4. All medical bills paid or alleged to have been paid by you, which relate to the subject matter of this litigation. 5. All photographs, diagrams, maps, drawings or any other item or thing involved in this litigation. 6. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 7. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 8. All documents which you intend to rely upon or introduce at trial of this litigation. 9. A list of the names and addresses of all expert and non-expert witnesses you intend to use during the trial of this case. 10. Any diaries, journals, notes, appointment books produced by Plaintiffs regarding the care and treatment at issue. 11. All tax returns and schedules for five (5) years pre-dating the incident and all tax returns to the present. 12. A true, correct, and complete copy of any insurance policies covering you or your vehicle, and/or in any way otherwise applicable to the accident which is the subject of this suit. NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. Respectfully submitted, Date: February 6, 2007 DICIGE, MCCAMFY'_& 07HILCOTE, P.C. Charles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this 6'h- day of February 6, 2007 , 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: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 F Charles E. Haddick, Jr., Esquire 4 19 ?;q ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. SERFECZ, CIVIL DIVISION Plaintiff, 06-6393 CIVIL V. E. SCOTT BASOM, Defendant. JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES ADDRESSED TO PLAINTIFF PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001 et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing under oath to the following Interrogatories. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof (1) The nature of the document, letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (I) The name, present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in the Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental under oath containing the same. INTERROGATORIES 1. Please provide, your full name and each other name which you have used or by which you have been known, the date and place of your birth, your present residence address and each other address and period of time which you maintained that address during the past five (5) years, your Social Security Number, and names of all spouses and the inclusive dates of your marriage relationship as to each spouse named. 2. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on-the-job, or any other specialized training which you have received. 3. State for each employment position held during the five-year period prior to the incident referred to in the Complaint, and since the time of the incident referred to in the Complaint, the name and address of your employer, the period of employment, position held, and nature of work being performed, the name of your immediate supervisor and the hours worked per week and your weekly gross and net income. 4. Describe in detail how the incident in question occurred, including exact location and time of same, and the events immediately before, at the time of, and immediately following same. 5. Identify each person (by stating the name, last known home and business address) who actually saw the incident, was present at or near the scene at the time of the incident and witnessed it through sight or hearing and has any knowledge or information as to any facts pertaining to the circumstances and manner of the happening of the incident, the physical conditions existing at the time of the incident or the nature or extent of the injuries or damages sustained. 6. With respect to each of the witnesses listed in Interrogatory No. 8, please state his/her exact location at the time of the incident, his/her activities at the time of the incident; and whether he/she actually saw the incident. 7. Please identify and provide the results of any investigations that were conducted of the incident which is the subject matter of this action? 8. If you are covered by any type of insurance, including any excess or umbrella insurance in connection with this incident, identify the name and address of the insurance carrier(s), the policy number and the named insured, the type of each policy, the amount of coverage provided for injury or damage to each person, each occurrence and in the aggregate for each coverage, and effective dates. 9. If you are now receiving, or have you ever received, any disability pension, income, or insurance of workmen' compensation from any agency, company, person, corporation, State or Government please state the nature of such payment, the date you received such income, for what injuries or disability you received it, and how such injury occurred or disability arose, by whom it is/was paid, whether you now have any present disability as a result of such injuries or disability and whether you had any disability at the time of the incident referred to in the Complaint. 10. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages you lost and specify the source(s) of any and all lost wages. 11. State with particularity the factual basis for each claim or defense you are asserting in this case. 12. Please state the name, address and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the daze in which plaintiff(s) last consulted any physician for any type of physical complaint and the reason for such consultation. 13. Please state for a five (5) year period prior to this or any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in response to any of the preceding interrogatories. 14. At the time of the accident referred to in the Complaint, were you under the care of a physician and/or taking any prescription medication? If so, identify the physician and/or the medication, including dosages and times taken. 15. If you have ever been involved in a motor vehicle accident other than the incident referred to in the Complaint please provide, for each accident, the date of the accident, the state, county and city, township or borough where the accident occurred, the names and addresses of all operators of other motor vehicles involved in the accident, a description of the accident, the nature of any injuries sustained, the names and addresses of all health care providers who treated you for any injuries and the identity of the police force that investigated the accident. 16. If you have ever been involved in any other legal action for personal injury, or property damage, either as a plaintiff or as a Defendants, please state the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party, a brief description of each such incident or law suit and the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. 17. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in the Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. 18. At the time of the incident referred to in the Complaint, was your driver license subject to any restrictions or subject to any condition, i.e., corrective lenses required, etc.? 19. Did you select full tort or limited tort on your auto insurance? 20. State whether you are still under treatment for the injuries alleged to have been sustained in the incident involved in this action and, if so, state the name and address of the physician(s) and/or the institution rendering said treatment 21. State whether you were confined to bed or your home as a result of the injuries alleged to have been sustained in the incident involved in this action. 22. Describe any pain, ailment, complaint, injury or disability that you presently have as a result of the incident here involved. 23. If you allege that the incident here involved aggravated a pre-existing condition, state whether you had recovered from said condition at the time of the incident here involved, and the approximate date of your recovery, the name and address of each hospital or other institution to which you had gone for examination and/or treatment and the date of your last visit and the name and address of each doctor or other person to whom you had gone for examination and/or treatment, and the date of your last visit. 24. If you have ever suffered from or received treatment for any of the following double vision, blurred vision, instability of balance, infection or disease of the inner ear, vertigo, dizzy spells, fainting spells, epilepsy, apoplexy, paralysis, high blood pressure, diabetes, muscle disorder, or brain or nervous disorder, for each disorder, state a description of the disorder, the date of your last attach prior to the incident, the name and address of each medical practitioner who examined you or treated you for the disorder, a description of the treatment you received and whether you were under treatment at the time of the incident. 25. Have you been involved in an accident of any kind five years before or after the incident upon which this suit is based; if so, attached a copy of the police report, state the date and place of the accident, the type of accident, what injuries, if any, you sustained, the caption of any suit instituted and the claim number and name of any insurance company against whom you asserted a claim. 26. If you are claiming loss of earnings, profits or earning capacity as a result of the incident, state the total amount of such loss. 27. If you have engaged in one or more gainful occupations subsequent to the date of the incident referred to in the Complaint, state the name and address of each of your employers, or, if you are self-employed, each of your business addresses and the name of the business while self- employed, the dates of commencement and termination of each of your periods of employment or self-employment, or self-employment; and, a detailed description of the nature of your occupation in each employment and the wage, salary, or rate of earnings received by you in each employment or self-employment (attach your federal income tax return for each year subsequent to the incident). ? I F 28. If you have sustained any financial losses as a result of the incident other than those covered by the preceding Interrogatories, state in detail the nature, date and amounts of such losses. 29. If this lawsuit arises from the operation, maintenance or use of a motor vehicle, state whether you have received or believe that you are entitled to receive benefits payable pursuant to the provisions of a policy of insurance as a result of the accident in question and include the name and address of the insurance company which issued each policy of insurance, the named insured on each such policy, the policy number and effective date and the claim number under which any such claim is being adjusted by the insurance carrier, the limits of liability for medical benefits, income loss benefits, replacement services loss and, if applicable, funeral benefits, available under such policy and attach a copy of the declaration page of such policy, the amounts paid to date by any first party carrier as a result of the accident, indicating the amounts paid particularly for medical expense, work loss, replacement service loss and, if applicable, funeral benefits and if the first part carrier has not yet paid all amounts which the plaintiff claims to be due and owing from it, the basis as explained to plaintiff for any failure to pay, and, if applicable, whether plaintiff has instituted any action against such first party carrier to recover benefits and, if so, the caption, and court term and number of said action. I A I 30. Did you consult a physician for any other reason within a twelve month period prior to the incident and, if so, state the date, the name and address of the person you consulted, the reason for the consultation and a description of the treatment received. i } i 31. Identify all settlements, releases and/or agreements you have reached with any person or entity, whether or not a party to the subject litigation which arose from or is in any way related to the incident and/or injuries and damages alleged by plaintiff in the Complaint. With respect to each such settlement, release and/or agreement, state the following: a. The parties thereto; b. The terms of the agreement; and c. Attach hereto a copy of all writings, contracts, releases and correspondence referenced above. ? 1 32. If you settled any claim or suit for bodily injury or property damage for the five (S) years before or after the accident in question, please identify the amount of each such settlement, the date of each such settlement and whether a release or any other agreement relating to the settlement was executed by you and if so, attach a copy of same. I 33. Please estimate the speed of your vehicle and Defendant's vehicle at the time of the impact. s 34. Describe in detail any and all damage, if any, occurring to each of vehicle as a result of the impact. r I 35. Have you for the period of 10 years pre-dating the incident to present filed a claim for social security disability or worker's compensation. Please provide the following as to each claim made nature of claim, reason for claim, detailed description of the nature of injuries or condition relating to claim, whether the claim was approved or denied and if claim approved, the period of time for which you received benefits for the injuries or condition.. Respectfully submitted, DICIUE, MCCAMEY & CHILCOTE, P.C. e Date: February 6, 2007 Charles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hull, PA 17011 Tele: (717) 731-4800 Counsel for Defendant i r [ CERTIFICATE OF SERVICE AND NOW, this 6TH day of February, 2007, 1, 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: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 e Charles E. Haddick, Jr., Esquire 40 B h'bi+ `101!39 t • McCamey Grant W. Schonour Attomey-at-Law Admitted in PA March 26, 2007 Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 RE: Serfecz v. Basom Our File No.: F-181 (0051377.0300236) Docket No.: 06-6393 County: Cumberland Attorney McBeth: Direct Dial: 717-731-4800 Direct Fax :717-731-4803 gschonour@dmclaw.com On February 6, 2007 we served discovery upon your client in the form of Interrogatories and Requests for Production. According the Pennsylvania Rules of Civil Procedure, responses to that discovery was due on or before March 8, 2007. To date, I have received no responses. Accordingly, please provide me answers to the Interrogatories and responses to the Requests for Production immediately so that we can avoid filing a Motion to Compel. Thank you for your attention to this matter. Should you wish to discuss this matter further, please feel free to contact me at any time. Very truly yours, DICKIE, MCCAMEY & CHILCOTE, P.C. Grant W. S fonour '?a- GWS/gws DICKIE, McCAMEY & CHILCOTE, P.C. I ATTORNEYS AT LAW MAIN: 717-7314800 FAX: 717-7314803 Pittsburgh I Harrisburg I Philadelphia I Washington, D.C. 1200 CAMP HILL BYPASS, SUtTE 205 1 CAMP HILL, PA 17011-3700 1 WWW.DMCLAW.COM New Jersey I North Carolina I Ohio I West Virginia 110712 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: GRANT W. SCHONOUR, ESQUIRE ATTORNEY I.D. NO. 93282 BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)731-4803 (Fax) JASON A. SERFECZ, Plaintiff ATTORNEY FOR: DEFENDANT E. SCOTT BASOM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. E. SCOTT BASOM, Defendant NO. 06-6393 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED MOTION TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF AND NOW, comes Defendant, E. Scott Basom (hereinafter "Moving Defendant"), by and through his counsel, Dickie, McCamey & Chilcote, P.C., and moves this Honorable Court to Compel Plaintiff to Answer Defendant's Interrogatories and Respond to Defendant's Requests for Production of Documents and in support thereof avers as follows: 1. Plaintiff commenced this action with the filing of a Writ of Summons on October 31, 2006. 2. On December 1, 2006, Defendant filed a Praecipe for Rule to File Complaint and on January 4, 2007 Defendant filed a Ten Day Notice of Default. 3. Finally, on January 30, 2007, Plaintiff filed a Complaint in this matter. 1 4. On February 6, 2007, Moving Defendant propounded discovery upon Plaintiff in the form of interrogatories and requests for production of documents. See Discovery attached as Exhibit "A". 5. Pursuant to the Pennsylvania Rules of Civil Procedure, answers to the aforementioned discovery were due on or before March 8, 2007. Pa.R.C.P. 4006(a)(2); Pa 4009.1(2)(a). 6. Plaintiff failed to provide any response by the due date. 7. On March 26, 2007, Defendant asked Plaintiff for answers to interrogatories and requests for production to avoid having to file a Motion to Compel. See correspondence attached hereto as Exhibit "B". 8. To date, no discovery responses have been received from Plaintiff. 9. Pursuant to Pa.R.C.P. 40195 the Court may enter an Order on motion compelling answers to discovery. Pa.R.C.P. 4019. 10. In order to comply with Local Rule 208.3(a)(2), Defendant states that no judge has ruled upon any other issue in this or any related matter. 11. In accordance with Local Rule 208.3(a)(9), Defendant's counsel attempted to contact Plaintiff's counsel to seek concurrence in this motion and no concurrence was received. WHEREFORE, Moving Defendant, E. Scott Basom, respectfully requests the court order Plaintiff to respond to all outstanding discovery requests, including Interrogatories and Requests for Production of Documents within twenty (20) days of the date of this Order or be subject to further sanctions, including dismissal, upon Motion of Defendant. 2 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 13, 2007 By: Grant W. Schonour, Esquire ATTORNEY I.D. NO. 93282 Charles E. Haddick, Jr., Esquire ATTORNEY I.D. NO. 55666 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, E. Scott Basom 3 CERTIFICATE OF SERVICE AND NOW, April 13, 2007, I, Grant W. Schonour, Esquire, hereby certify that I did serve a true and correct copy of the foregoing AMENDED MOTION TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Anthony McBeth, Esquire 407 N Front Street Harrisburg, PA 17101 (Plaintiff s Counsel) 44 Grant W. Sch t#r, Esquire JASON A. SERFECZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6393 CIVIL V. E. SCOTT BASOM, DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 17th day of April, 2007, upon consideration of the Motion to Compel Discovery Responses of Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before May 7, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, . ?* -V ?A M. L. Ebert, Jr., J. Anthony McBeth, Esquire Attorney for Plaintiff Grant W. Schonour, Esquire Attorney for Defendant G bas E :01 ,PI ? ! ? 0V tG Z EHi -110 I A Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiff JASON A. SERFECZ, Plaintiff V. E. SCOTT BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW NO. 06-6393 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO AMENDED MOTION TO COMPEL DISCOVERY RESPONSES OF PLAINTIFF 1. Admitted. 2. Admitted. 3. Admitted, with explanation. An extension was gained with the concurrence of counsel. 4. It is admitted that discovery was propounded. The undersigned immediately sent copies of the discovery to Plaintiff (who lives in Baltimore, Maryland) and Plaintiff sent back draft responses. 5. Admitted, with explanation. The undersigned told counsel for Defendant that the undersigned had several pressing matters, including eight to ten contested hearings and several briefs due in the time frame at which responses would have been due. Counsel for Defendant informed the undersigned that the undersigned should just get answers to A counsel for Defendant as soon as the undersigned could. A few days later, counsel for Defendant informed the undersigned that the insurer involved in the case was placing pressure on Defendant's counsel to file a motion to compel, and the motion has now been filed. 6. It is admitted that written responses have not yet been propounded, but they are in draft form and they will be provided within a week to ten days. 7. Admitted, and the correspondence was delivered consistent with the discussion that counsel have had as described in the previous answers. 8. Admitted, but the pertinent portions of the prior responses are incorporated herein by reference. 9. Denied. This averment is a conclusion of law to which no response is required. 10. Admitted insofar as the undersigned is not aware of a judicial ruling in the captioned case to this point. 11. Denied. Concurrence was never sought; Defendant's counsel simply told the undersigned that he was going to file a motion to compel as directed by the insurer. Further, it is important to note that it is not Plaintiffs intent to shield this information from Defendant. It is Plaintiff who seeks compensation, so it is not in his interest to withhold information. The undersigned simply has had difficulty gaining a block of time in which to provide the information in suitable form. WHEREFORE, Plaintiff requests this Honorable Court to either dismiss Defendant's motion, defer ruling on it pending Defendant's receipt of the discovery which the undersigned hopes to accomplish within seven to ten days, and to provide any other relief the Court deems appropriate. 2 A r 4 Date Aithony T. WBpth, Esq. Attorney for lai tiff 407 North Fron St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 3 . A JASON A. SERFECZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW V. E. SCOTT BASOM, Defendant NO. 06-6393 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Grant W. Schonour, Esquire Dickie McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, #205 Camp Hill, PA 17011 ?Ajfl_'-x 4,7,c bate- Anthony T. Beth, Esq. Attorney fo PI intiff 407 North FToM St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 ra ? M -T, co j C JASON A. SERFECZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6393 CIVIL V. E. SCOTT BASOM, DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 10th day of May, 2007, upon consideration of the Motion to Compel Discovery Responses of Plaintiff and the Plaintiff's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Motion to Compel Discovery Responses is GRANTED. The Plaintiff is directed to provide full and complete Answers to Defendant's Interrogatories and Responses to Defendant's Requests for Production of Documents within twenty (20) days of the date of this order. 6mfh-'ony McBeth, Esquire Attorney for Plaintiff ant W. Schonour, Esquire Attorney for Defendant bas J M. L. Lbert, Jr., By the Court, 9, Z :I I HIV 0 1 AVW LOOZ 3Hi JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERFECZ Vs. NO. 066393CV BASOM 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 CHARLES E HADDICK JR, 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: 07/30/07 File #: M342903 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Christine Moisy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY s ti SERFECZ Vs. BASOM No. 066393CV TO: ANTHONY MCBETH, 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: 07/10/07 CHARLES E HADDICK JR, 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) 335-3336 By: Christine Moisy Enc (s) : Copy of subpoena(s) Counsel return card File #: M342903 C mWOMEA ,TH OF PENNSYLVANIA COUNTY OF C[ 'ID SERFECZ Vs. BASOM Fi le No. 066393CV MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PROGRESSIVE CAS INS CO, 6300 WILSON MILLS RD, MAYFIELD VILLAGE OH 44143 TO: ATTN: CLAIMS 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 I&I't at MEDICAL LEGAL REPRODUCTIONS,( Cess4)940 DISSTON ST., ., You may deliver or mail legible copies of the documents or produce things requested b, this subpoena, together with the certificate of ccrrp 1 i ance , to the party making th i 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- oo yelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES E HADDICK JR, ESQ ADDRESS: 1200 CAMP HILL BYPASS eAMP HILL, -PA 17011 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M342903-01 DEFENDANT DATE : S 1,200-7 S 1 of the Court BY THE COURT: t' 11 Prothonotary/0 , Civil Division Deputy (Eff. 7/97) ? CD ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERFECZ Vs. NO. 066393CV BASOM 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 CHARLES E HADDICK JR, 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: 10/10/07 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Christine Moisy File #: M344842 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERFECZ Vs. BASOM I No. 066393CV TO: ANTHONY MCBETH, 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: 09/19/07 CHARLES E HADDICK JR, 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) 335-3336 By: Christine Moisy Enc (s) : Copy of subpoena(s) Counsel return card File #: M344842 OF PENNSYLVANIA " COUN .'Y OF CZ1413EKAND SERFECZ Vs. Fi le No. BASOM 066393CV MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCU ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHO INST OF PENNA, 3399 TRINDLE RD, CAMP HILL PA 17011 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 pings at CCSss4?40 DISSTON ST., PHILA., -? MEDICAL LEGAL REPRODUCTIONS, (AI You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together with the certificate of compliance, to the party making thiz- 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 (20) days after its service, the party coupe l l i ng you to carte l y with it. things required by this subpoena within twenty serving thin subpoena may seek a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES E HADDICK JR, ESQ ADDRESS: _ 12.00 CAMP HIM, BYPASS CAMP fflhL, PA 17011 TELEPHONE: SUPREME COURT ID # 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M344842-01 DATE : 9/A44607 Seal of the Court BY THE COURT: 4 P. Prothonotary/Clerk, ivil Division ??nL V 4- noq, - DeputY (Eff. 7/97) 'ADDENDUM TO SUBPOENA SERFECZ Vs. No. 066393CV BASOM CUSTODIAN OF RECORDS FOR : ORTHO INST OF PENNA ALL COPIES OF MEDICAL RECORDS FROM ALL LOCATIONS REGARDING JASON A SERFECZ FROM BEFORE 11/2/04 TO PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JASON A SERFECZ ADDRESS: DATE OF BIRTH: 07/19/81 SSAN: XXXXX8258 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 ORTHO INST OF PENNA CUMBERLAND M344842-01 * * * SIGN AND RETURN THIS PAGE * * * coM4rMEALTH OF FnulsYLVANZA COUNFY OF CXD93ERIAND SERFECZ Vs. Fi le No. 066393CV BASOM MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR TH1NC3S FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: PATIENTS FIRST MED CTR, 10755 FALLS RD STE 160, LUTHERVILLE MD 21093 (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 o I n,, EE A IACF= ADDENDUM at REPRODUCTIONS,(AW-dss$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 cciipliance, to the party making thiZ request at the address listed above. You have the right to seek in advance the rea,onablc- 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 >ubpoena may seek a court orde:- c rope l l i ng you to carp 1 y with it.' THIS SUBPOENA WAS ISSUED AT THE RECAST OF THE FOLLOWING PERSON: NAME: CHARLES E HADDICK JR, ESQ ADDRESS : ! .120-0- 41-2 HILL BYPASS 17011 TELEPHONE: _ 215 - 3 3 5- 3 212 SUPREME OOURT ID ATTORNEY FOR: DEFENDANT M344842-02 DATE : -7 Seal of the Court BY THE COURT: Prothonotary/ erk, Ci\,il Division -? Deputy (Eff. 7/97) 'ADDENDUM TO SUBPOENA SERFECZ Vs. No. 066393CV BASOM CUSTODIAN OF RECORDS FOR: PATIENTS FIRST MED CTR ALL COPIES OF MEDICAL RECORDS FROM ALL LOCATIONS REGARDING JASON A SERFECZ FROM BEFORE 11/2/04 TO PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JASON A SERFECZ ADDRESS: DATE OF BIRTH: 07/19/81 SSAN: XXXXX8258 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 PATIENTS FIRST MED CTR CUMBERLAND M344842-02 * * * SIGN AND RETURN THIS PAGE * * * C? a'' ? ? " l .Y.. .r ?. ?.??''' '. '? ..j1 r t?, ? ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERFECZ Vs. - NO. 066393CV BASOM 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 GRANT W SCHONOUR, 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: 08/08/08 GRANT W SCHONOUR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT tee"--?- File #: M354459 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson f 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SERFECZ Vs. BASOW I No. 066393CV TO: ANTHONY MCBETH, 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: 07/18/08 GRANT W SCHONOUR, 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) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M354459 I COMM NWEALTH OF PENNSYLVANIA COUNTY OF SERFECZ ' Vs. BASOM Fi le No. 066-4 a-4mr SUBPOENA TO PRODUCE DOCIMENTSWN ILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: LANCASTER ORTHO GROUP, 231 GRANITE RUN DR, LANCASTER PA 17601-6816 (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 ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,(ATaffirzes040 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together wit!i the certificate of ccrtpIiance, 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;- ompe l l i ng you to ca. l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: aRANT W Sf_HL1NGUR, ESQ ADDRESS: _ BYPASS TELEPHONE : CAMP HILL, PA 17 011 SUPREME COURT ID k215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M354459-01 DATE : Seal of the Court BY THE COURT: Prothonotary/Clerk, Civi Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SERFECZ Vs. BASOM No. 066393CV CUSTODIAN OF RECORDS FOR : LANCASTER ORTHO GROUP ALL COPIES OF MEDICAL RECORDS FROM ALL LOCATIONS REGARDING JASON A SERFECZ FROM BEFORE 11/2/04 TO PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JASON A SERFECZ ADDRESS: DATE OF BIRTH: 07/19/81 SSAN: XXXXX8258 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 LANCASTER ORTHO GROUP CUMBERLAND M354459-01 * * * SIGN AND RETURN THIS PAGE M ? L R MEDICAL LEGAL REPRODUCTIONS' INC. Main Ofl4ce Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legal@medleg.com Philadelphia, Pa 19107 JUL 24, 2008 CUMBERLAND CO COURTHOUSE 1 COURTHOUSE SQ CARLISLE PA 17013 ATTN: PROTHONOTARY'S OFFICE RE: COUNTY SUBPOENAS Dear Sir/Madam: Enclosed please find 01 completed "DOCUMENTS AND THINGS" subpoena(s) your signature with an appropriate check in amount of $3.00. Also enclosed for your convenience is a self-addressed- stamped envelope. If you should have any questions, please do not hesitate to contact this office. Thank you for your cooperation. Sincerely, Kristen Antipuna Medical Legal KLA enc., ,?'' 7T rn rri c?e? 'r W r_7 <rr ?' ? 'l_ { r - i .. ' Fj ? ! ...? -G N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. SERFECZ, Plaintiff, CIVIL DIVISION 06-6393 CIVIL V. E. SCOTT BASOM, JURY TRIAL DEMANDED Defendant. WITHDRAWAL OF APPEARANCE Kindly withdraw our appearance on behalf of the Defendant, E. Scott Basom, in connection with the above captioned action. Date: July 20, 2009 Respectfully submitted, DICKIE, MC MEY&CHILCOTE, P.C. harles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for Defendant (T ; f i 1 r ZM9 A G 11 Ark 9.5 6 4,i r, LAW OFFICES OF JAMES L. BARLOW BY: JAMES L. BARLOW, ESQUIRE Attorney I.D. No. 57949 680 American Avenue Suite 101 King of Prussia, PA 19406 (610) 491-5402 Attorney for Defendant, E. Scott Basom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA - CIVIL ACTION - LAW Jason A. Serfecz Civil Division v. 06-6393 CIVIL E. Scott Basom Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter my appearance of behalf of defendant, E. Scott Basom in the above- captioned matter. LAW OFFICES OF JAMES L. BARLOW MES L. BARLOW, ESQUIRE orney for Defendant, . Scott Basom CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Entry of Appearance was served by regular first class mail this 6t' day of August, 2009 upon the following counsel of record: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 Attorney for Plaintiff MES L. BARLOW, ESQUIRE OF THE `,CRY 20H G I I AF : a8 (tea ?ly-0 " 7 i cu 19 Law Offices of James L. Barlow By: Brian D. Boyle, Esquire Attorney I.D. No.: 55754 630 Freedom Business Center Third Floor King of Prussia PA 19406 (610) 205-2970 JASON SERFECZ Plaintiff, V. E. SCOTT BASOM Defendant. Attorney for Defendant, E. Scott Basom COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 06-6393 ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter my appearance on behalf of defendant, E. Scott Basom in the above captioned matter. LAW OFFICES OF JAMES L. BARLOW BRIAN D. BOYLE Attorney for Defendant, E. Scott Basom N C? 7 d ? c' G c CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Entry of Appearance was served by first class mail, this 25th day of March, 2010 upon the following counsel of record: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg PA 17101 Attorney for Plaintiff, Jason Serfecz BRIAN . BOYLE JASON A. SERFECZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNS'SVANlk CIVIL ACTION - LAW -va v. NO. 06-6393 CIVIL TERM rr 1 E. SCOTT BASOM -<' w ° , Defendant : JURY TRIAL DEMANDED n d c ?T , PRAECIPE TO THE PROTHONOTARY: Please mark the captioned action settled and discontinued with prejudice. OU0 Date Anthony T. Zai Attorney for 407 North Front Harrisburg, PA Supreme Court St., First Floor (717) 238-3686 17101 D. # 53729