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HomeMy WebLinkAbout02-3344IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. al-A31 y4 ' C'wLC`T? Civil Action - Law DAVID E. ECKERT and LORA A. MARY R. DONAGHY ECKERT 3538 Logan Street 165 Konhaus Road Camp Hill, PA 17011 Mechanicsburg, PA 17055 Plaintiff(s) and Address(es) VS. Defendant(s) and Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons -in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Cumberland county Sheriff in order to complete service upon Defendant. Dennis R. Sheaffer TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Signature of,*omey Supreme Court I.D. #39182 Date: 7'1y'jqZ WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date .Jlt y? 51438.1 SHERIFF'S RETURN - REGULAR CASE NO: 2002-03344 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT DAVID E ET AL VS DONAGHY MARY R DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DONAGHY MARY R the DEFENDANT , at 1726:00 HOURS, on the 16th day of July , 2002 at 3538 LOGAN STREET CAMP HILL, PA 17011 by handing to MARY R DONAGHY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ? A day of u-.F ?vv?L A.D. P o honotary So Answers: R. Thomas Kline 07/18/2002 TUCKER ARENSBERG SWARTZ By: Deputy Sheriff of N .? G (1 N an rsi v ` left c a u i DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter our appearance in the above captioned action on behalf of the Defendant, Mary R. Donaghy. 538 Spruce Street Scranton Life Building P.O. Box 909 Scranton, PA 18501 570-344-9444 Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. Anthony J. Piazza, Jr., Esquire DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Anthony J. Piazza, Jr., Esquire, Defendant, Mary R. Donaghy 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 (20) 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 objections 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. Respectfully submitted; MURPHY, PIAZZA & GENELLO, P.C. By ANTHONY J. PIAZZA, JR., ESQ RE Date: June 29, 2005 DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. The Defendant, Mary R. Donagy, 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 this subpoena. If no objection is made, the subpoena may be served. MURPHY, PIAZZA & GENELLO, P.C. By --- AN ONY J. PIAZZA, JR., ESQUIRE Date:June 1, 2005 COMMONWEALTH OF PENNSYLVAN[A COUNTY OF CUMBERLAND DAVID ECKERT AND LORA A. ECKERT PLAINTIFFS File No.02-3344 V. MARY R. DONAGHY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MAGNITIC IMAGING CENTER, 4665 TRINDLE ROAD, MECHANICS PA 17055 (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: MRI STUDIES OF DAVID ECKERT, 165 KONHAUS ROAD, MEECHANICSBURG, PA DOB: 2/14/68-SS#180-62-4753 YOUR PRESENCE IS NOT REQUIRED at MURPHY, PIAZZA & GENELLO, P.C. 538 SPRUCE STREET, SCRANTON, PA (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J. PIAZZA, JR., ESQUIRE ADDRESS:538 SPRUCE CTRFFT_ SUITE 300 TELEPHONE: SiV-344-7444 SUPREME COURT ID # 162 ATTORNEY FOR: DEFENDANT Date: Se /of the Court BY THE COURT: Prothonotary, Civil Division Dep Q ?Z m r ? C Z'rl 1 n C7 0 i ri r n r Q N m ni Z[' I m c/n - u., j `J T C._1 l - ,oi X11. C:a' nJ -c„i•it -C DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. PRAECIPE FOR APPEARANCE AND RULE TO FILE A COMPLAINT TO: PROTHONOTARY Kindly enter our appearance or behalf of the Defendant, Mary R. Donaghy, and Rule the Plaintiff to file a Complaint within twenty (20) days following service thereof or suffer judgment of Non Pros. Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. 538 Spruce Street Anthony J. Piazza, Jr., Esquire P.O. Box 909 Scranton, PA 18501 570-344-9444 DAVID ECKERT and LORA A. ECKERT COURT OF COMMON PLEAS PLAINTIFFS CUMBERLAND COUNTY V. CIVIL ACTION--LAW MARY R. DONAGHY JURY TRIAL DEMANDED DEFENDANT No.: 02-3344 Civ. RULE TO: Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 You are hereby Ruled to file your Complaint within twenty (20) days of service hereof or suffer judgment of Non Pros. PROTHONOTARY Dated: pe f_4 ) o , aob -)_? C rv -?, Uj= DAVID E. ECKERT and LORA A. : IN THE COURT OF COMMON PLEAS ECKERT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2002-3344 V. CIVIL ACTION - LAW MARY R. DONAGHY, Defendant 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en 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 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 ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG & SWARTZ By. /C Dennis R. Sh er Attorney I. D. #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorneys for Plaintiffs Date: c?- -2 y DAVID E. ECKERT and LORA A. : IN THE COURT OF COMMON PLEAS ECKERT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2002-3344 V. CIVIL ACTION - LAW MARY R. DONAGHY, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, David E. Eckert and Lora A. Eckert, by and through their attorneys, TUCKER ARENSBERG & SWARTZ, and bring this Complaint against Defendant Mary R. Donaghy, and aver as follows: Plaintiffs, David E. Eckert and Lora A. Eckert, husband and wife, are adult individuals residing at 165 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Mary R. Donaghy is an adult individual who resides at, 3538 Logan Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to "Defendant"). 3. This Court has jurisdiction over this matter on the grounds that the facts and circumstances of the automobile accident giving rise to this action occurred on July 25, 2000, at or about 11:00 a.m., at the intersection of 36th Street and Carlisle Pike, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff David E. Eckert was the operator of a 1984 Chevrolet S10 pickup truck traveling southbound on Carlisle Pike. 5. At the aforesaid time and place, Defendant was the operator of a 1999 Chevrolet traveling eastbound on 3& Street. 6. At the aforesaid time and place, Defendant was operating her vehicle in an unsafe manner such that she failed to stop for a stop sign located at the intersection of 36th Street and Carlise Pike and/or proceeded onto the Carlisle Pike failing to yield the right of way to traffic on the Carlisle Pike. Defendant drove her vehicle into the door on the passenger's side of Plaintiff David Eckert's vehicle. 7. As a direct and proximate result of the aforesaid collision, Plaintiff David E. Eckert was violently thrown about the inside of his vehicle striking various parts of the inside of his truck with parts of his body and sustained severe injuries as set forth herein. In particular, Plaintiff David E. Eckert's head struck the metal doorframe. 8. At the time of the accident in question, Plaintiffs' automobiles were insured through USAA Casualty Insurance Company and Plaintiffs had selected the full tort option for the vehicles they insured. Said full tort option selection applies to the Plaintiffs in this action. 9. The aforesaid accident was caused solely by the negligence, carelessness, and recklessness conduct of Defendant and was in no manner due to any act or failure to act on the part of Plaintiff David E. Eckert. 10. Defendant was negligent, careless and reckless in causing the aforesaid accident as follows: (a) Failing to have her vehicle under proper and adequate control at all times; (b) Failing to apply her brakes or take other evasive action in time to avoid the collision; (c) Failing to observe Plaintiff David Eckert's vehicle on the roadway and failing to take evasive action to avoid the collision with Plaintiff David Eckert's vehicle; (d) Failing to stop at a stop sign in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania: 75 Pa.C.S.A. §3323(b) relating to stop signs; (e) Failing to keep a reasonable lookout for other vehicles lawfully on the roadway; (f) Operating her vehicle with careless disregard for the safety of other persons, including Plaintiff David Eckert, in violation of the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. § 3714; (g) Failing to operate her vehicle with due regard to the safety and position of Plaintiff David Eckert's vehicle; (h) Failing to yield the right of way to Plaintiff David E. Eckert in violation of Motor Vehicle Code of the Commonwealth of Pennsylvania: 75 Pa.C.S.A. §3321 relating to vehicles approaching or entering intersection; and (i) Failing to operate her vehicle at a safe speed pursuant to the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. §3361. COUNTI DAVID E. ECKERT v. MARY R. DONAGHY 11. Paragraphs 1 though 10 are incorporated herein by reference and made a part hereof. 12. As a direct and proximate result of the aforesaid accident, Plaintiff David E. Eckert suffered severe injuries that include, but are not limited to, the following: (a) Head traumahnjury; (b) Traumatic brain injury/contusion; (c) Concussion; (d) Post-concussion syndrome; (e) Headaches, vertigo, and disequilibrium; (f) Post-traumatic visual disturbance; (g) Depression; (h) Acute cervical spine strain/sprain; (i) Acute thoracic spine strain/sprain; (j) Acute lumbar spine strain/sprain, and/or an aggravation of a pre- existing lumbar spine problem; and (k) Various other contusions and abrasions. 13. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has suffered, and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has and will continue to be limited in his normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has and will continue to suffer great physical, nervous, mental and emotional distress. 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has and will continue to suffer impairment to his health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has and will continue to be required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances and household care. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has and will continue to suffer loss of income and earning capacity. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff David E. Eckert has and will continue to suffer other financial losses. WHEREFORE, Plaintiff David E. Eckert demands judgment against Defendant, Mary R. Donaghy in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. COUNT II LORA A. ECKERT V. MARY R. DONAGHY 20. Paragraphs 1 through 19 are incorporated herein by reference and made a part hereof. 21. As a result of Defendant's negligence, Plaintiff Lora A. Eckert as aforesaid has been deprived of the society, comfort, companionship, contributions and consortium of her husband, Plaintiff David E. Eckert, all to her great detriment and financial loss. 22. As a result of Defendant's negligence and the injuries to Plaintiff Lora A. Eckert has and will suffer a disruption in her daily habits, pursuits, loss of enjoyment of life, loss of income and has incurred and will incur expenses for the medical treatment of her husband, Plaintiff David E. Eckert. WHEREFORE, Plaintiff Lora A. Eckert demands judgment against Defendant, Mary R. Donaghy in an amount in excess of the limits for mandatory arbitration, together with interest and cost of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully Submitted, TUCKER ARENSBERG & SWARTZ By: Dennis R. S eaffer Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: 7? ATTORNEYS FOR PLAINTIFFS 53030.1 VERIFICATION I, David E. Eckert, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. -P""z 'r, David E. Eckert 53103.1 VERIFICATION I, Lora A. Eckert, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Lora A. Eckert 53103.1 CERTIFICATE OF SERVICE AND NOW, this -gq-"y of September, 2002, I, Cathleen A. Kohr, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiffs, hereby certify that I have this day served a copy of Plaintiffs' Complaint by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Anthony J. Piazza, Jr., Esquire MURPHY, PIAZZA & GENELLO, P.C. 538 Spruce Street, Suite 300 P.O. Box 909 Scranton, PA 18501-0909 6? 4.14k, Cathleen A. Kohr n p O - v _. 0 ro y` ,^ c , cn -? DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MURPHY, PIAZZA & GENELLO, P.C. BY:' ANTHONY J. PIAZZA, JR., ESQUIRE Scranton Life Building P.O. Box 909 Scranton, PA 18501 570-344-9444 DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. ANSWER BY THE DEFENDANT MARY R. DONAGHY TO PLAINTIFFS' COMPLAINT. AND NOW comes Defendant, Mary R. Donaghy, by and through its counsel, Murphy, Piazza & Genello, P.C., by Anthony J. Piazza, Jr., Esquire and hereby files this Answer and New Matter to Plaintiffs' Complaint: After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph "1 "; and accordingly, those averment are denied and strict proof is demanded at the time of Trial. 2. Paragraph "2" is admitted insofar as the defendant is an adult individual who resides at 3538 Logan Street, Camp Hill, Pennsylvania. 3. Paragraph "3" is admitted insofar as an accident occurred on or about the 2 date and time alleged at the intersection of 36`h Street and Carlisle Pike. 4. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph "4"; and accordingly, those averment are denied and strict proof is demanded at the time of Trial. 5. Paragraph "5" is admitted insofar as the defendant operated a Chevrolet vehicle at the intersection indicated. 6. Paragraph "6" is denied. It is denied the defendant operated her vehicle in an unsafe manner and failed to stop at a stop sign or otherwise caused the accident and injuries complained of. It is denied the defendant failed to yield the right of way or was otherwise responsible for the accident. Accordingly, Paragraph "6" is denied and strict proof is demanded at the time of Trial. 7. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph "7"; and accordingly, those averment are denied and strict proof is demanded at the time of Trial. It is denied the defendant caused the accident and injuries complained of. 8. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments 3 contained in Paragraph "8"; and accordingly, those averment are denied and strict proof is demanded at the time of Trial. 9. Paragraph "9" is denied. It is denied the answering defendant was negligent, careless, reckless or otherwise caused the accident and injuries complained of In all other respects, Paragraph "9" is a legal conclusion and no response is required. On the contrary, the accident described was caused by the plaintiffs own conduct. 10. Paragraph "10" is denied. It is denied the answering defendant was negligent, careless, reckless or in any way caused plaintiffs accident and injuries complained of. In particular, Paragraphs "10(a)" through "106)" are denied in accordance with the Pennsylvania Rules of Civil Procedure. By way of further response, it is alleged at all times the defendant acted with due care and is not responsible for the accident and injuries complained of. COUNT I 11. The answers to Paragraphs "1" through "10", inclusive are realleged and reaffirmed as if said answers are set forth herein at length. 12. Paragraph "12" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "12"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 4 13. Paragraph "13" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "13"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 14. Paragraph "14" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "14"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 15. Paragraph "15" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "15"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 16. Paragraph "16" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "16' ; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 17. Paragraph "17" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks 5 knowledge or belief as to the remaining averments of Paragraph "17"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 18. Paragraph "18" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "18"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. 19. Paragraph "19" is denied. It is denied the answering defendant caused any damages or injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "19"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Mary R. Donaghy, demands that Plaintiffs' Complaint be dismissed and judgment be entered in her favor with costs. COUNT II 20. The answers to Paragraphs "1" through "19", inclusive are realleged and reaffirmed as if said answers are set forth herein at length. 21. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph "21 % and accordingly, those averment are denied and strict proof is 6 demanded at the time of Trial. 22. Paragraph "22" is denied insofar as the answering defendant was negligent or in any manner caused plaintiffs damages and injuries complained of. In all other respects, the answering defendant lacks knowledge or belief as to the remaining averments of Paragraph "22"; and accordingly, the remaining averments are denied and strict proof is demanded at the time of Trial. WHEREFORE, Defendant, Mary R. Donaghy, demands that Plaintiffs' Complaint be dismissed and judgment be entered in her favor with costs. NEW MATTER Plaintiffs' damages and injuries as alleged were caused by Plaintiffs' own negligence; and accordingly, any and all claims against the answering defendant should be dismissed. 2. Plaintiffs' claims are barred and/or limited in accordance with the provisions of the Pennsylvania Comparative Negligence Act. 3. Plaintiff assumed the risk of any damages and injuries alleged and the claims against the answering defendant should be dismissed. 4. Plaintiffs' damages and injuries were caused by the actions or inactions of 7 other persons or entities who may or may not be a part of this suit; and accordingly, the actions or inactions of other persons or entities are intervening superseding causes of Plaintiffs' damages and injuries alleged and the claims against the answering defendant should be dismissed. 5. Plaintiffs' claims are barred in accordance with the applicable statute of limitations. 6. Plaintiffs' claims are barred and/or limited in accordance with the provisions of the Pennsylvania Financial Responsibility Act. WHEREFORE, Defendant, Mary R. Donaghy, demands that Plaintiffs' Complaint be dismissed and judgment be entered in her favor with costs. Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. 538 Spruce Street Anthony J. Piazza, Jr., Esquire P.O. Box 909 Scranton, PA 18501 570-344-9444 8 VERIFICATION I, ' , certify that the statements contained in the foregoing Answer to Plaintiff s Complaint are true and correct and are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. Re: David Eckert and Lora A. Eckert v. Mary R. Donaghy Venue: Cumberland 02-3344 Civ. Our File B-02-3613 9 CERTIFICATE OF SERVICE I, ANTHONY J. PIAZZA, JR., ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Answer by the Defendant on the " day of , 2002, by U.S. First Class Mail, postage prepaid, on the following: Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. ------------ Anthony ?- J. Piazza, Jr., Esquire 538 Spruce Street Scranton Life Building 3rd Floor P.O. Box 909 Scranton, PA 18501 570-344-9444 10 DAVID E. ECKERT and LORA A. ECKERT, Plaintiffs V. MARY R. DONAGHY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3344 CIVIL ACTION - ]LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 1. Denied. It is specifically denied that the Plaintiff was negligent in any manner such that said negligence resulted in the accident in question or any of the Plaintiff s damages or injuries. To the contrary, the Plaintiff was not negligent in acting or failing to act in any fashion. 2. Denied as a conclusion of law.. It is specifically denied that Plaintiffs' are barred and/or limited on the basis of Comparative Negligence. To the contrary, the Plaintiff was not negligent in any fashion. 3. Denied as a conclusion of law. It is specifically denied that the Plaintiff assumed any known risk of damage or injury. 4. Denied. It is specifically denied that the Plaintiffs' damages or injuries were caused by anyone other than the Defendant. To the contrary„ Defendant's negligence was the sole cause of the accident in question and the Plaintiffs' resulting damages and injuries. It is further specifically denied that there are any intervening, superseding causes of Plaintiffs' damages or injuries. t CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAVID ECKERT AND LORA A. ECKERT TERM, -VS- CASE NO: 02-3344 CIV MARY R. DONAGHY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR., 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 dayq 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: 02/24/2003 4-Jk ZZA, R., ESQ. Attorney for DEFENDANT DE11-395183 2 1 4 5 7- L O 1 COMMOIVWEAI OrH OF PENNSYLVAN=A COUNTY OF CUMBEELX A 7 IN THE MATTER OF: COURT OF COMMON PLEAS DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY OF INTENT TO SERVE A [ Note: see enclosed list of locations ] TERM, CASE NO: 02-3344 CID TO: DENNIS R. SHEAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA, JR., 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: 02/04/2003 CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 S 7- C 0 1. »> LOCATION LIST <<< PAGE: 1 LOCATION RAW RECORDS REQUESTED GEORGE BAR HIGH, D.O. HEDICAL TODD L. SAMUELS, M.D. MEDICAL ROBERT M. STEIN, PH.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSKY, M.D. MEDICAL JONATHAN COSTA, M.D. MEDICAL DR MICHAEL E SCHATMAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN F. FRANKENY,II, M.D. MEDICAL KEYSTONE SPINE CENTER MEDICAL SEIDLB MEMORIAL HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS DE02-214854 21.4 S 7- C O 1 11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR., 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: 02/24/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395184 2 1.4 S 7- L 0 2 COXW010HWEAT.TH OF PENNSYL•VAN=A COUNTY OF CUMBERX.J? IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT _VS_ MARY R. DONAGHY F-1 [ Note: see enclosed list of locations I AND TO: DENNIS R. SHEAFFER, ESQUIRE MCS an behalf of ANTHONY J. PIAZZA. JR. 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 say be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning saes to MCS or by contacting our local MCS office. DATE: 02/04/2003 COURT OF COMMS PLEAS TERM, CASE NO: 02-3344 CIV MCS on behalf of ANTHONY J. PIAZZA. JR., BSO Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D902-214854 2 1 4 5 7- 0 0 1 »> LOCATION LIST <<< GEORGE HARHIGH, D.O. MEDICAL TODD L. SANUELS, M.D. MEDICAL ROBERT M. STEIN, PH.D. MEDICAL MARIAM BOLTZ, OD MEDICAL CHARLES YANOFSLY, M.D. MEDICAL JONATHAN COSTA, M.D. MEDICAL DR MICHAEL E SCHATMAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN F. FRANKENY,II, M.D. MEDICAL KEYSTONE SPINE CUM MEDICAL SEIDLE M WRIAL HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGE: I DE02-214854 2 1 4 5 7- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT VS MARY R. DONAGHY • File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR': TODD L.SAMUELS, M.D. (Name of Person or Entity) 02-3344 CIV Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: -R'F ATTACHED at MCS GROUP INC. 1601 MARKET ST..,-#800, PHILA. PA 1 103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J.PIAZZA,JR, ESQ ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY T COYIT: I dA.Z? i? - I DATE: Prothonotary/Clerk, Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TODD L. SAMUELS, M.D. 897 POPLAR CHURCH ROAD SUITE 107 CAMP HILL, PA 17011 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-624753 Date of Birth: 02-14-1968 SU10-423162 21 457-Z,02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As.a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR., 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: 02/24/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395185 2---L457-I-03 COMMONWEALTH OF PENNSYL,VAN=A COUNTY OF CITM$ERT_ kkM IN THE MATTER OF: COURT OF COHMN PLEAS DAVID EMERY AND LORA A. ECKERT TEM, -VS_ CASE NO: 02-3344 CIV MARY R. DONAGHY A [ Note: see enclosed list of locations ] TOz DENNIS R. SHEAFFER, ESQUIRE MS on behalf of ANTHONY J. PIAZZA. JR.. ESO 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 s copies of any reproduced records may be ordered atnyour ey be served' Complete the attached counsel card and returning same to MS or by contacting oouurelocal MS office. DATE: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA. JR., ESO Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. _ B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 5 7 -.C O 1 >>> LOCATION LIST <<< GEORGE HARHIGH, D.O. MEDICAL TODD L. SAMMS. M.D. MEDICAL ROBERT M. STEIN, PH.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSYY, M.D. MEDICAL JONATHAN COSTA, M.D. MEDICAL DR MICHAEL E SCHATMAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN F. FRANKXNY,II, M.D. MEDICAL 1LYSTONE SPINE CENTER MEDICAL SEIDLE MEMORIAL. HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGES 1 DE02-214854 2 1 4 5 7- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT VS • File No. 02-3344 CIV MARY R. DONAGHY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ROBERT M.STEIN,PHD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at MCS GROUP INC. 1601 MARKET ST. 4800 PHILA. PA 1 103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the ri ght 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: ANTHONY J. PIAZZA, JR , ESO ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR DEFENDANT DATE: ,-4n, Seal of the Court -7197) ': EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT M. STEIN, PH.D. REGENCY EXECUTIVE OFFICE 2713 EMBASSY DR/366 LANCASTER, PA 17603 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, -relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-624753 Date of Birth: 02-14-1968 SU10-423164 23-457-T-,03 I I 0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR, 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: 02/24/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395186 2 1 4 5 7- L 0 4 C0bR40NWEAL,TE3 OF PENNSYL,VAN=1, COUNTY OF CUMBERLAND IN THE MATTER OP: COURT OF COMMON PLEAS DAVID ECEBRT AND LORA A. ECKERT -VS- MARY R. DONAGHY CB F-1 [ Note: see enclosed list of locations AND TO: DENNIS R. SHEAFFER, ESQUIRE MS on behalf of ANTHONY J. PIAZZA. JH BSQ 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 s copies of any reproduced records may be ordered at youry be served. completing the attached counsel card and returning same to MCSor bycoontacting our oulocal MCS office. DATE: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA, J8 ESQ. Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MS GROUP INC. 1601 MART STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4.5 7- C 0 X TERM, CASE NO: 02-3344 CIV »> LOCATION LIST <<< GEORGE HARHIGH, D.O. MEDICAL TODD L. SAMUELS, K.D. MEDICAL ROBERT M. STEIN, PH.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSLY, M.D. MEDICAL. JONATHAN COSTA, K.D. MEDICAL DR MICHAEL E SCHATMAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN F. FRANEENY,II, M.D. MEDICAL EDYSTONE SPINE CENTER MEDICAL SEIDLB MEMORIAL HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGE: 1 DE02-214854 2 1 4 5 7- C O I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT ' VS • MARY R. DONAGHY File No. 02-3344 CIV , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MARIANNE BOLTZ,OD (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 at MCS GROUP INC. 1601 MARKET ST. #800 PHILA. PA 12103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J. PIAZZA,JR. , ES ADDRESS:-PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID fit: ATTORNEY FOR: DEFENDANT BY DATE: Prothonotary/Clerk, Civil Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARIANNE BOLTZ, OD KILMORE EYE ASSOCIATES 890 CENTURY DRIVE MECHANICSBURG, PA 17050 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423166 2 1 4 5 7- L 0 4 t t 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT COURT OF COMMON PLEAS TERM, -VS- MARY R. DONAGHY CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR., 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: 02/24/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395187 2 1 4 5 7- L 05 COMP40NTWE/1?T_7!H OP' PENNSYL,VA :EA COUNTY OIL' CLTMBERr_AUr IN THE MATTER OF: DAVID ECEBRT AND LORA A. ECESRT -vs_ MARY R. DONAGHY A [ Note: see enclosed list of locations I COURT OF COMNpN PLEAS TEEM, CASE NO: 02-3344 CIV TO: DBMS R. SHBAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA, JR, 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: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA. JR, ESQ Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARJzT STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 7-3L4157-003L >>> LOCATION LIST <<< GEORGE HARKIGH, D.O. TODD L. SAMUELS, M.D. ROBERT M. STEIN, PH.D. MARIANNE BOLTZ, OD CHARLES YANOFSITY, M.D. JONATHAN COSTA, M.D. DR MICHAEL E SCHAT14AN DR. JEAN SANTO, M.D. JOHN F. FRANEBNY,II, M.D. KEYSTONE SPINE CENTER SEIDLE M WRIAL HOSPITAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL. RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS PAGE: 1 DE02-214854 2 1 4 5 7- C 0 1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHARLES YANOFSKY, M.D. 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-624753 Date of Birth: 02-14-1968 SU10-423168 2--L457-I,05 e 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAVID ECKERT AND LORA A. ECKERT TERM, -VS- CASE NO: 02-3344 CIV MARY R. DONAGHY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR, 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: 02/24/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395188 2 1 4 5 7- 1-0 6 COMDIONWEAT_TH OF PENNSYLVAN=A COUNTY OF CUMBERLAND IN THE MATTER OF: DAVID ECEBRT AND LORA A. ECHERT -VS- MARY R. DONAGHY A [ Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV TO: DRMS R. SHEAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA. JR, 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 s copies of any reproduced records may be ordered at your ey xp served. completing the attached counsel card and returning same to MCSor bycoontact by ingoor looccal MCS office. DATE: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARIET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 7-1 4 5 7- C O X >>> LOCATION LIST <<< GEORGE HARHIGH, D.O. MEDICAL TODD L. SAMUELS, K.D. MEDICAL ROBERT M. STEIN, PN.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSZY, M.D. MEDICAL JONATHAN COSTA, M.D. MEDICAL DR MICHAEL E SCHATHAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN P. FRANXKNY,II, M.D. MEDICAL KEYSTONE SPINE CENTER MEDICAL SEIDLE MEMORIAL HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGE: 1 DE02-214854 2 1 4 5 7- 0 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT ' VS • MARY R. DONAGHY File No. 02-3344 CIV , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOHNATHANL.COSTA, M.D., PHD (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 at MCS GROUP INC. 1601 MARKET ST. #800 PHILA. PA 1 103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J . PIAZZA, JR. , ES ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID *: ATTORNEY FOR: DEFENDANT DATE: Seal of the Court , (Eff.'7IMI-V EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JONATHAN COSTA, M. D. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423170 2 1 4 5 7- L O G CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO ROLE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR., 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, attached to this certificate, including the proposed subpoena, is (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. MCS on behalf of DATE: 02/24/2003 ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395189 2-3-4-57-1-07 C0k4b10zgXgV. _TH OF PENNSWL.VAN=A COUNTY OF CUMBMRZ.A IN THE MATTER OP: COURT OF COMMS PLEAS DAVID ECKERT AND LORA A. ECKERT _VS_ MARY R. DONAGHY Ll ( Note: see enclosed list of locations I TERM, CASE NO: 02-3344 CIV TO: DENNIS R. SHEAFFER, BSQIIIRE MS on behalf of ANTHONY J. PIAZZA, JR , 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 s copies of any reproduced records nay be ordered at Your expense be? by served. cmWleting the attached counsel card and returning sane to MS or by contacting our local MCS office. DATE: 02/04/2003 TICS on behalf of ANTHONY J. PIAZZA. JR. ESO Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 5 7- C 0 1 >>> LOCATION LIST <<< GEORGE HARHIGH, D.O. MEDICAL TODD L. SAMURLS, K.D. MEDICAL ROBERT K. STEIN, PH.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSLY, M.D. MEDICAL. JONATHAN COSTA, M.D. MEDICAL DR lIICHARL E SCHATMAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN F. FRANEBNY,II, M.D. MEDICAL. 1YSTONE SPINE CENTER MEDICAL SEIDLB MEMORIAL HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGES 1 DE02-214854 2 1 4 5 7- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT VS • MARY R. DONAGHY File No. 02-3344 CIV , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MICHAEL E.SCHATMAN, PHD (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: -EE ATTACHED at MCS GROUP INC. 1601 MARKET ST. #800 PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J.PIAZZA,JR., ES ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID #k: ATTORNEY FOR: DEFENDANT BY CO RT: DATE: Prothonota Cler Civil n ?Po Seal of the Court (Eff• 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR MICHAEL E SCHATMAN REHAB OPTIONS 2645 N 3RD ST ST 460 HARRISBURG, PA 17110 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423172 2a-457-I,07 V CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR, 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: 02/24/2003 MCS on behalf of ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT I I DE11-395190 2 1 4 5 7- 1-0 8 COl" M0kT XAI,TH OF PENNSYLVAN=A COUNTY OF CUMBERLANTD IN THE MATTER OF: COURT OF CO1WN PLEAS DAVID ECKERT AND LORA A. ECKERT TERM, -VS_ CASE NO: 02-3344 CIV MARY R. DONAGHY A Note: see enclosed list of locations j TO: DRNNIS R. SHEAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA, JR., 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 copies of any reproduced records may be ordereat your expense be served. Complete the attached counsel card and returning same to MCSor byontactiingaourelocal MCS office. DATE: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA J8 ESQ. Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADWErIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 5 7- C 0 X >>> LOCATION LIST <<< GEORGE BAR HIGH, D.O. MEDICAL TODD L. SAN=S. M.D. MEDICAL. ROBERT M. STEIN, PH.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSRY, M.D. MEDICAL JONATHAN COSTA, M.D. MEDICAL DR MICHAEL E SCHATMAN MEDICAL DR. JEAN SANTO, M.D. MEDICAL JOHN F. FRANICNY, II, M.D. MEDICAL RBYSTONE SPINS CENTER MEDICAL SEIDLE MEMORIAL HOSPITAL. MEDICAL JOYNSR SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGE: 1 DE02-214854 2 1 4 S 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT VS • File No. 02-3344 CIV MARY R. DONAGHY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JEAN SANTO, M.D. (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: SER ATTACHED at MCS GROUP INC. 1601 MARKET ST..,--118002 PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J . PIAZZA, JR , ESQ ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID: ATTORNEY FOR. DEFENDANT BY COU T:, DATE: A Z2? _ , PProthonotary/CleFJr. r Civil Di s Seal of the Court s (Eff. 7/97) 195 :?-A EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. JEAN SANTO, M.D. 2447 N. 3RD STREET HARRISBURG, PA 17110 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423174 2 1 4 5 7- L O 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR 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. MCS on behalf of DATE: 02/24/2003 ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395191 2 1 4 5 7- L 0 9 COMMONWEALTH OF PENNSYLVAN=A COUNTY OF CUI-MERT_A n IN THE MATTER OF: COURT OF COM WN PLEAS DAVID ECKERT AND LORA A. ECKERT TERM, -VS- CASE NO: 02-3344 CID NARY R. DONAGHY AND [ Note: see enclosed list of locations TO: DRNNIS R. SHEAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA, JR 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 say 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: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA, JR, ESO Attorney for DEFuhm CC: ANTHONY J. PIAZZA, JR., ESQ. _ B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D902-214854 2 1 4 5 7- C O 1 »> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED GEORGE HARHIGH, D.O. MEDICAL RECORDS TODD L. SAMOELS, M.D. MEDICAL RECORDS ROBERT M. STEIN, PH.D. MEDICAL RECORDS MABIANNR BOLTZ, OD MEDICAL RECORDS CHARLES YANOFSLY, K.D. MEDICAL RECORDS JONATHAN COSTA, M.D. MEDICAL RECORDS DR MICHAEL E SCHATMAN MEDICAL RECORDS DR. JEAN SANTO, M.D. MEDICAL RECORDS JOHN F. FRANRBNY,II, M.D. MEDICAL RECORDS KEYSTONE SPINE CENTER MEDICAL RECORDS SEIDLE HEMORIAI, HOSPITAL MEDICAL RECORDS JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS DE02-214854 2 1 4 5 7- C 0 X COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT VS MARY R. DONAGHY • File No. 02-3344 CIV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOHN R. FRANKENY,II,M.D. (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: OFF ATTArHFD at MS GROUP INC. 1601 MARKET ST. 4800 PHILA. PA 1 103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J.PIAZZA,JR, ESQ ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID *: ATTORNEY FOR: DEFENDANT BY E CO T: DATE: Prothonotary/0 k, Civil D n P Dep* Seal of the Court a '7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN F. FRANKENY,II, M.D. 875 POPLAR CHURCH RD CAMPHILL, PA 17011 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423176 2 1 4 5 7- L 0 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR.. 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, attached to this certificate, including the proposed subpoena, is (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. MCS on behalf of DATE: 02/24/2003 ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395192 2 1 4 5 7- L 1 O COZ+ MONWEA .WH OF PENNSYX VAN=A COUNTY OF CUMBE].ZLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAVID ECHERT AND LORA A. ECHERT TBRM, -VS_ CASE NO: 02-3344 CIV MARY R. DONAGHY OF INTEW TO [ Note: see enclosed list of locations J TO: DENNIS R. SHBAFFER, ESQUIRE MCS an behalf of ANTHONY J. PIAZZA JR 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 s copies of any reproduced records may be ordered at your ur may ebe served. completing the attached counsel card and returning same to MCS o bycoontacting our oulocal MCS office. DATE: 02/04/2003 MCS on behalf of ANTHONY J. PIAZZA. JR, ESQ Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARXET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 5 7- C O IL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT S LORA A.ECKERT VS MARY R. DONAGHY • File No. 02-3344 CIV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE 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 ATTArHFn at MS GROUP INC. 1601 MARKET ST. 11800 PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J.PIAZZA,JR., ES ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: Seal of the Court (Eff.'7/97.) Y EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER 1521 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423178 2 1 4 5 7- L 1 0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO ROLE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR., 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. MCS on behalf of DATE: 02/24/2003 ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395193 21. 45 7 - L 11 CO1rII?ZONWEALTF3 OF PENNSYI.VAN=A COUNTY 03F CUMBERLAND IN THE MATTER OF: DAVID ECEBRT AND LORA A. ECKERT _VS_ MARY R. DONAGHY OF [. Note: see enclosed list of locations I COURT OF CO1WN PLEAS TERM, CASE NO: 02-3344 CIV TO: DENNIS R. SHEAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA. JR , BSO 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 copies of any reproduced records may be ordere?yexp served. Complete the attached counsel card and returning same to MCS or by expense oouurelocal MCS office. DATE: 02/04/2003 MCS an behalf of ANTHONY J. PIAZZA JR, ES0 Attorney for DEFENDANT CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MAREET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 5 7- C O 1 »> LOCATION LIST <<< GEORGE HARHIGH, D. 0. MEDICAL TODD L. SAMUEL.S, K.D. MEDICAL ROBERT M. STEIN, PH.D. MEDICAL MARIANNE BOLTZ, OD MEDICAL CHARLES YANOFSKY, M.D. MEDICAL JONATHAN COSTA, K.D. MEDICAL DR MICHAEL E SCHATMAN MEDICAL DR. JEAN SANTO, K.D. MEDICAL JOHN P. FRANESNY,II, M.D. MEDICAL KEYSTONE SPINE CENTER MEDICAL SBIDLE MEMORIAL HOSPITAL MEDICAL JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS RECORDS PAGE: 1 DE02-214854 2 1 4.5 7- C 0 N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT VS MARY R. DONAGHY • File No. 02-3344 CIV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SEIDLE MEMORIAL 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: 'EF ATTACHED at MCS GROUP INC. 1601 MARKET ST.,--#800, PHILA. PA 1 103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J . PIAZZA, JR ESO ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY CO T:, DATE: Prothonotary/Clerk, Civil Di Seal of the Court , (Eff.7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SEIDLE MEMORIAL HOSPITAL 120 S. FILBERT STREET MECHANICSBURG, PA 17055 RE: 21457 DAVID E. ECKERT 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, tests, 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: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-624753 Date of Birth: 02-14-1968 SU10-423180 2 1 4 5 7- L 1 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT -VS- MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY J. PIAZZA, JR.,-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. MCS on behalf of DATE: 02/24/2003 ANTHONY J. PIAZZA, JR., ESQ Attorney for DEFENDANT DE11-395194 2 1 4 5 7- L 1 2 C0Pa40NWEAi,TH OF PEWWSY1..VAN2A COUNTY OF CUMBERLAND IN THE MATTER OF: DAVID ECKERT AND LORA A. ECKERT _VS_ MARY R. DONAGHY COURT OF COMMON PLEAS TERM, CASE NO: 02-3344 CIV AND C Note: see enclosed list of locations ] TO: DENNIS R. SHFAFFER, ESQUIRE MCS on behalf of ANTHONY J. PIAZZA. JR., 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 my .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: 02/04/2003 CC: ANTHONY J. PIAZZA, JR., ESQ. - B-02-3613 Any questions regarding this matter, contact MCS on behalf of ANTHONY J. PIAZZA. JR., ESO Attorney for DEFENDANT THE MS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214854 2 1 4 5 7- C O 1 >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS DESTED GEORGE HARHIGH, D.O. MEDICAL RECORDS TODD L. SAMUELS, K.D. MEDICAL RECORDS ROBERT M. STEIN, PH.D. MEDICAL RECORDS MARIANNE BOLTZ, OD MEDICAL RECORDS CHARLES YANOFSLY, M.D. MEDICAL RECORDS JONATHAN COSTA, K.D. MEDICAL RECORDS DR MICHAEL Z SCHATMAN MEDICAL RECORDS DR. JEAN SANTO, M.D. MEDICAL RECORDS JOHN F. FRANEBNY,II, M.D. MEDICAL RECORDS KEYSTONE SPINE CENTER MEDICAL RECORDS SEIDLZ MEMORIAL HOSPITAL MEDICAL RECORDS JOYNER SPORTS MEDICINE, P.C. MEDICAL RECORDS DE02-214854 214 5 7 - 0 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVID ECKERT & LORA A.ECKERT ' VS • File No. 02-3344 CIV MARY R. DONAGHY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTSMEDICINE INSTITUTE, INC. (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: etc ATTA H D at MCS GROUP INC. 1601 MARKET ST. #800 PHILA. PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY J.PIAZZA,JR., ESQ. ADDRESS: PO BOX 909 SCRANTON, PA 18501 TELEPHONE: 215-246-0900 SUPREME COURT ID it: ATTORNEY FOR DEFENDANT BYM COURT: DATE: Prothonotary/Clerk, Civil D' s n De ri Seal of the Court cErr sign EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE, P.C. 6301 GRAYSON ROAD SUITE 138 HARRISBURG, PA 17111 RE: 21457 DAVID E. ECKERT Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : DAVID E. ECKERT 165 KONHAUS ROAD, MECHANICSBURG, PA Social Security #: 180-62-4753 Date of Birth: 02-14-1968 SU10-423182 2 1 4 5 7- L 1 2 ? C_ r?, c.,? 'v -? ? __' _? _ ? z r_ +? ?? y._,. CT+ __ lY.. ?. ? ? { "'T : . 0 ? y . Y ? ? Y? DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. CERTIFICATE OF NON-CONCURRENCE I hereby certify that counsel for Plaintiffs has been contacted and does not concur with the within Motion. Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. 538 Spruce Street Scranton Life Building--3rd Floor P.O. Box 909 Scranton, PA 18501 570-344-9444 Anthony J. Piazza, Jr., Esquire DAVID ECKERT and LORA A. ECKERT : COURT OF COMMON PLEAS PLAINTIFFS CUMBERLAND COUNTY V. CIVIL ACTION--LAW MARY R. DONAGHY JURY TRIAL DEMANDED DEFENDANT No.: 02-3344 Civ. MOTION TO COMPEL AN EXAMINATION BY DR. MICHAEL RAYMOND, A NEURO-PSYCHOLOGIST AND NOW comes Defendant, Mary R. Donaghy, by and through her attorneys, Murphy, Piazza & Genello, P.C., by Anthony J. Piazza, Esquire, and files this Motion to Compel Plaintiff submit to testing and an examination by Dr. Michael Raymond, a neuro-psychologist, pursuant to Pennsylvania Rule of Civil Procedure 4010 and in support thereof aver as follows: 1. Plaintiffs' Complaint seeks damages from Defendant, Mary R. Donaghy, for personal injuries allegedly suffered by the Plaintiff, David Eckert, as a result of an automobile accident which occurred on July 25, 2000. wages. 2. Plaintiffs' Complaint seeks damages for personal injury as well as lost 3. The within lawsuit seeks recovery for personal injuries arising out of an automobile accident when Plaintiffs vehicle and the vehicle operated by Defendant, Mary R. 1 Donaghy, collided. 4. Defendant filed an Answer and New Matter denying the allegations with respect to the Plaintiffs injuries, thus placing the existence, nature, extent and duration of Plaintiffs injuries in controversy. 5. Plaintiff underwent neuro-psychological evaluation and testing performed by Dr. Cynthia Socha-Gelgot and/or Dr. Robert M. Stein, who authored a report/evaluation of plaintiff s condition. 6. Defendant has been advised that plaintiff intends to call at the time of Trial Dr. Robert Stein and Dr. Cynthia Socha-Gelgot as neuro-psychologists involved in the initial treatment and testing of the plaintiff. 7. On September 2, 2004, defendant notified plaintiffs counsel that the defense wished to conduct neuro-psychological evaluation of his client with Dr. Michael Raymond, a neuro-psychologist and suggested dates were given for the testing. A copy of the correspondence dated September 2, 2004 is attached hereto. 8. The testing/evaluation takes approximately two (2) days to complete. 9. Defense counsel forwarded to plaintiffs' counsel follow up letters dated September 14, 2004 and October 11, 2004 regarding the dates for testing. Copies of the correspondence to plaintiffs' counsel are attached hereto. 10. In addition to the above correspondence, plaintiffs' counsel's office was 2 contacted regarding testing via telephone on May 26, 2004; June 3, 2004; September 13, 2004; September 16, 2004; September 17, 2004; September 20, 2004; and October 4, 2004 without response. 11. On November 22, 2004 plaintiffs' counsel advised by letter that he would not permit neuro-psychological testing of the plaintiff and in addition advised that if the testing/examination were to take place, counsel objected to the testing being done by anyone out of state. 12. In view of plaintiff s refusal to attend the testing/evaluation by Dr. Raymond out of state, the testing by Dr. Raymond may take place at the John Heinz Institute, 150 Mundy Street, Wilkes-Barre, Pennsylvania. 13. At all times the defense has notified the plaintiff that any and all costs associated with the testing, including transportation, accommodations and other related costs would be the responsibility of the defendant. 14. Defendant has been prejudiced by the failure of Plaintiff to appear for the neurological evaluation/testing with Dr. Raymond and has been deprived of the ability to properly defend herself in the lawsuit brought by Plaintiffs. 15. In order to properly prepare a defense to Plaintiff's physical injury and economic claims, it is necessary that Defendant knows the true physical condition and the nature and extent of the alleged injuries sustained by Plaintiff. To accomplish this, neuro-psychological testing/evaluation of the Plaintiff is necessary. 16. Pennsylvania Rule of Civil Procedure 4010(a) provides that where the physical condition of a party is in controversy, the Court may order the party to submit to an independent evaluation. WHEREFORE, Defendant, Mary R. Donaghy, respectfully requests that this Honorable Court enter an Order directing Plaintiff to submit to neuro-psychological testing/evaluation by Dr. Michael Raymond on a date and time selected. Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. 538 Spruce Street Scranton Life Building--3rd Floor P.O. Box 909 Anthony J. Piazza, Jr., Esquire Scranton, PA 18501 570-344-9444 4 LAW OFFICES MURPHY, PIAZZA & GENELLO, P.C. SCRANTON LIFE BUILDING 538 SPRUCE STREET, SUITE 300 P.O. BOX 909 SCRANTON, PENNSYLVANIA 18501-0909 (570) 344-9444 FAX- (570) 344-8730 JOSEPH A. MURPHY ANTHONY J. PIAZZA, JR. MICHAEL A. GENELLO PATRICK J. MURPHY* *ALSO MEMBER OF NJ AND DC BAR September 2, 2004 Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz I I 1 North Front Street PO Box 889 Harrisburg, PA 17108 Re: David Eckert and Lora A. Eckert v. Mary R. Donaghy Venue: Cumberland 02-3344 Civ. Our File #: B-02-3613 Dear Attorney Sheaffer: I would like to arrange a neuro-psychological evaluation of your client with Dr. Michael Raymond. The examination/testing will take approximately two (2) days and the following dates are suggested: September 23`d and 24t" or October 7t" and 8t". The testing will take place at Dr. Raymond's facility located in New Jersey. We, of course, will provide transportation and accommodations for your client. Can you please confirm the availability of your client for the dates suggested above. Thank you and I will wait to hear from you in the immediate future. Very Truly Yours, MURPHY, PIAZZA & GENELLO Anthony J. Piazza, Jr., Esq. AJP/taw COFIY LAW OFFICES MURPHY, PIAZZA & GENELLO, P.C. SCRANTON LIFE BUILDING 538 SPRUCE STREET, SUITE 300 P.O. BOX 909 SCRANTON, PENNSYLVANIA 18501-0909 (570) 344-9444 FAX: (570) 344-8730 JOSEPH A. MURPHY ANTHONY J. PIAZZA, JR. MICHAEL A. GENELLO PATRICK J. MURPHY* ANTHONY J. PIAZZA, III *ALSO MEMBER OF NJ AND DC BAR Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 September 14, 2004 Re: David Eckert and Lora A. Eckert v. Mary R. Donaghy Venue: Cumberland 02-3344 Civ. Our File #: B-02-3613 Dear Attorney Sheaffer: I am in receipt of yours of September 9, 2004. In response, I have not heard from you regarding my letter to you of September 2, 2004 regarding psychological examination by Dr. Michael Raymond with suggestive dates of September 23`d and 24`h and October 7`h and 8'h . Enclosed is a copy of that letter for your easy reference. The testing will take place at Dr. Raymond's facility located in New Jersey at: Monmouth Neuropsychology Assoc., 130 Maple Avenue, Suite 3 E, Red Bank, NJ. Because these dates are fast approaching, your immediate response is requested. Obviously we object to any certification of this matter until the defense IME's are completed. Very Truly Yours, MURPHY, PIAZZA & GENELLO Anthony J. Piazza, Jr., Esq. AJP/taw encl. C(D-PY LAW OFFICES MURPHY, PIAZZA & GENELLO, P.C. SCRANTON LIFE BUILDING 538 SPRUCE STREET, SUITE 300 P.O. BOX 909 SCRANTON, PENNSYLVANIA 18501-0909 (570) 344-9444 FAX: (570) 344-8730 JOSEPH A. MURPHY ANTHONY J. PIAZZA, JR. MICHAEL A. GENELLO PATRICK J. MURPHY* ANTHONY J. PIAZZA, III *ALSO MEMBER OF NJ AND DC BAR Telefax & Regular Mail Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 October 11, 2004 Re: David Eckert and Lora A. Eckert v. Mary R. Donaghy Venue: Cumberland 02-3344 Civ. Our File #: B-02-3613 Dear Attorney Sheaffer: Once again, please advise regarding an Independent Medical Examination (IME) of your client. As you know two (2) separate times were reserved without a response from your office. Very Truly Yours, MURPHY, PIAZZA & GENELLO Anthony J. Piazza, Jr., Esq. AJP/taw (?? nn Po Y CERTIFICATE OF SERVICE I, ANTHONY J. PIAZZA, JR., ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Motion to Compel Plaintiff Submit to Testing and an Examination by Dr. Michael Raymond, a Neur-psychologist, on the / q day of c, , 2004, by U.S. First Class Mail, postage prepaid, on the following: Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. 538 Spruce Street Scranton Life Building 3rd Floor P.O. Box 909 Scranton, PA 18501 570-344-9444 Anthony J. Piazza, Jr., Esquire 5 -s ° ; ? r.,. . ?-.? "; ?...? .. -?'?'. (S z -?r? - } ?? 1. ? ?'? i -' ? ? v.) ?... ? 9 "? a _._ _, ? DAVID ECKERT and LORA A. ECKERT : PLAINTIFFS V. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No.: 02-3344 Civ. CERTIFICATE OF NON-CONCURRENCE I hereby certify that counsel for Plaintiffs has been contacted and has not responded. Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. Anthony J. Piazza, Jr., Esquire 538 Spruce Street Scranton Life Building--3rd Floor P.O. Box 909 Scranton, PA 18501 570-344-9444 DAVID ECKERT and LORA A. ECKERT PLAINTIFFS V. MARY R. DONAGHY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED DEFENDANT No.: 02-3344 Civ. MOTION TO COMPEL A VOCATIONAL INTERVIEW AND NOW comes Defendant, Mary R. Donaghy, by and through her counsel, Murphy, Piazza & Genello, P.C., by Anthony J. Piazza, Jr., Esquire and hereby files the present Motion to Compel Plaintiff to submit to a vocational interview and testing by Dr. Marc Lukas, a vocational specialist, and in support thereof alleges: 1. Plaintiffs' Complaint seeks damages from Defendant, Mary R. Donaghy, for personal injuries allegedly suffered by the Plaintiff, David Eckert, as a result of an automobile accident which occurred on July 25, 2000. 2. Plaintiffs' Complaint seeks damages for personal injury as well as lost wages. 3. The within lawsuit seeks recovery for personal injuries arising out of an automobile accident when Plaintiffs vehicle and the vehicle operated by Defendant, Mary R. Donaghy, collided. 4. Defendant filed an Answer and New Matter denying the allegations. 5. Plaintiff underwent vocational interview and testing performed by Paul A. Anderson, D.Ed., ABVE, who authored a report/evaluation of plaintiff and it is indicated that Paul A. Anderson, D.Ed., ABVE, will be called as a Plaintiffs expert at the time of trial. 6. Defendant has requested that plaintiff submit to a vocational interview by correspondence dated December 15, 2004 and December 27, 2004; copies of which are attached hereto and marked as Exhibit "A". 7. Subsequent to the above correspondence, the defendant has telephoned plaintiffs' counsel's office on two (2) dates, December 22, 2004 and January 3, 2005 regarding the vocational interview. 8. There has been no response to defendant's requests. 9. Section 4010.1 provides that if the earning capacity of a party is in controversy the Court may order such party to submit to an evaluation by a certified evaluator. WHEREFORE, Defendant, Mary R. Donaghy, respectfully requests that this Honorable Court enter an Order directing Plaintiff to submit to vocational examination on a date and time selected. Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. Anthony J. Piazza, Jr., Esquire LAW OFFICES MURPHY, PIAZZA & GE NE LLO, P.C. SCRANTON LIFE BUILDING 538 SPRUCE STREET, SUITE 300 P.O. BOX 909 SCRANTON, PENNSYLVANIA 18501-0909 (570) 344-9444 FAX: (570) 344-8730 JOSEPH A. MURPHY ANTHONY J. PIAZZA, JR. MICHAEL A. GENELLO December 15, 2004 Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 Re: David Eckert and Lora A. Eckert v. Mary R. Donaghy Venue: Cumberland 02-3344 Civ. Our File B-02-3613 Dear Attorney Sheaffer: PATRICK J. MURPHY' ANTHONY J. PIAZZA, III 'ALSO MEMBER OF NJ AND DC BAR We are arranging a vocational interview with Mark Lukas. Dr. Lukas is located in Media, Pennsylvania. His office has given me the following dates: 1/4/05 at 10:00 a.m.; 1/12/05 at 11:00 a.m.; and 1/13/05 at 11:00 a.m. Please check with your client and advise as to the date he is available. Also, can you please forward me your clients' responses to discovery served in September 2004, as well as the information requested in my letter of July 12, 2004. If a formal request is required for the latter, please advise me immediately. It was agreed those documents would be supplied at the time of your client's deposition. Thank you. Very Truly Yours, MURPHY- P- & GENELLO F?y Ant on y .Piazza, q. AJP/taw encl. LAW OFFICES MURPHY, PIAZZA & GENELLO, P.C. SCRANTON LIFE BUILDING 538 SPRUCE STREET, SUITE 300 P.O. BOX 909 SCRANTON, PENNSYLVANIA. 18501-0909 (570) 344-9444 FAX: (570) 344-8730 JOSEPH A. MURPHY ANTHONY J. PIAZZA, JR. MICHAEL A. GENELLO Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 December 27, 2004 Re: David Eckert and Lora A. Eckert v. Mary R. Donaghy Venue: Cumberland 02-3344 Civ. Our File B-02-3613 Dear Attorney Sheaffer: PATRICK J. MURPHY' ANTHONY J. PIAZZA, III `ALSO MEMBER OF NJ AND DC BAR I am waiting to hear from you regarding a vocational interview with your client. Arrangements are being made by my paralegal, Pat Gillespie, and I ask that you telephone her. Thank you. AJP/taw Very Truly Yours, MURPHY, PIAZZA & GENELLO zo- 2-)(1 . CERTIFICATE OF SERVICE I, ANTHONY J. PIAZZA, JR., ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Motion to Compel a Vocational Interview on the day of 2005, by U.S. First Class Mail, postage prepaid, on the following: Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street PO Box 889 Harrisburg, PA 17108 Respectfully submitted, MURPHY, PIAZZA & GENELLO, P.C. "lip Anthony J. Piazza, Jr., Esquire 538 Spruce Street Scranton Life Building 3rd Floor P.O. Box 909 Scranton, PA 18501 570-344-9444 rTl -. N ?r fT1 DAVID E. ECKERT and LORA A. IN THE COURT OF COMMON PLEAS ECKERT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. MARY R. DONAGHY, Defendant NO. 2002-3344 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S MOTION TO COMPEL AN EXAMINATION BY DR. RAYMOND, A NURSE PSYCHOLOGIST AND NOW, come the Plaintiffs by and through their attorneys, Tucker Arensberg, P.C., and respond to the Defendants' Motion to Compel as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff seeks recovery in this lawsuit for personal injuries. The remaining allegations are denied as stated since the automobile accident occurred when Defendant, Mary R. Donaghy drove her vehicle into the side of Plaintiff David Eckert's vehicle. 4. Admitted in part and denied in part. It is admitted that Defendant filed an Answer and New Matter. The remaining allegations are denied as conclusions of law. 5. Admitted in part and denied in part. It is admitted that the Defendant underwent a psychological evaluation and testing performed by Dr. Cynthia Socha-Gelgot. It is denied that Defendant underwent such testing by Dr. Robert M. Stein. Dr. Gelgot and Dr. Stein both provided services to Plaintiff David Eckert and both did author reports regarding Plaintiff David Eckert's condition. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Defendant's counsel notified Plaintiffs' counsel that he wished to have a neuro-psychological evaluation conducted by Dr. Michael Raymond, a neuro-psychologist, and that he sent a letter to that effect on September 2, 2004. It is denied that this is the only communication regarding the testing and procedural status of the matter. Prior to September 2, 2004, Plaintiffs' counsel notified Defendant's counsel that he intended to list this matter for trial. Defendant's counsel had ample time to timely request such an examination having been aware of Plaintiff's claims and injuries for many months prior to the requested examination. It is denied that Defendant has provided good cause for the requested testing/evaluation. 8. Denied. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 and as such the same are denied. Strict proof thereof is demanded. 9. Admitted in part and denied in part. It is admitted that Defendant's counsel sent follow-up letters on the dates indicated. It is denied that Defendant's counsel has provided good cause for the requested examination. Plaintiffs offered to share the test data with Defendant's appointed expert. Defendant has failed to provide good cause as to why the examination should be performed by an expert from Red ]Bank, New Jersey or Wilkes Barre, Pennsylvania. 10. Admitted in part and denied in part. It is admitted that Plaintiffs' counsel's office was contacted via telephone subsequent to September 2, 2004 regarding the testing. It -2- is denied that any contact was made prior to September 2, 2004 with regard to the testing. There was communication from the Plaintiffs' counsel to DeiFendant's counsel advising that he intended to list the matter for trial. Further, Defendant's counsel has not provided good cause as to why the requested examination should occur. 11. Admitted in part and denied in part. It is admitted that Plaintiffs' counsel sent a letter to Defendant's counsel on November 22, 2004 regarding the requested testing. The remaining allegations are denied as said letter speaks for itself 12. Denied. Plaintiffs are without knowledge or ir.formation sufficient to form a belief as to the truth and the allegations set forth in paragraph 12 and the same are denied. Strict proof thereof is demanded. 13. Admitted. 14. Denied. It is denied that Defendant is prejudiced by Plaintiff David Eckert's failure to appear for the neurological evaluation/testing with Dir. Raymond. To the contrary, Plaintiff offered to provide the raw test data for review by Defendant's expert. With that data, Defendant is in a position to properly evaluate the Plaintiffs' claims and properly defend herself. 15. Denied. Defendant has failed to provide good cause as to why the requested examination need occur. It is not necessary for the Defendant to have Plaintiff David Eckert go through neuro-psychological testing/evaluation in order to properly prepare her defense to Plaintiffs' physical injuries and economic claims. To the contrary, the Defendant's expert need only have access to the testing data in order for the Defendant to proper evaluate the Plaintiffs' claims. -3- 16. Admitted in part and denied in part. It is admitted that Pa.R.C.P. 4010(a) provides that the Court may order a party to submit to an evaluation, but that order may be made only when good cause has been shown. See, Pa.R.C.P. 4010(a)(3). It is denied that Defendant has shown good cause for the requested examination and order. Additionally, on November 29, 2004, Plaintiff David Eckert underwent neuro-psychological testing by Dr. Socha Gelgott. Any additional testing that is done without sufficient passage of time, generally accepted to be at least 12 months, will be unreliable. WHEREFORE, Plaintiffs respectfully request this Honorable Court to deny Defendant's Petition Directing Plaintiff, David Eckert, to submit to a neuro-psychological testing/evaluation by Dr. Michael Raymond, in particular, and with any other neuro- psychological expert, especially, one beyond the local geographical area. TUCKER ARENSBERG, P.C. By. OR. S eaffer Attorney I. D. #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Date: /,0 - 3a " e/ Attorneys for Plaintiffs -4- CERTIFICATE OF SERVICE AND NOW, this 3 0 day of December, 2004, I, Dawn T. Heilman, secretary for Dennis Sheaffer, Esquire for the firm of TUCKER ARENSBERG, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within PLAINTIFFS' ANSWER TO DEFENDANT'S MOTION TO COMPEL EXAMINATION by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Anthony J. Piazza, Jr., Esquire Murphy, Piazza & Genello, P.C. 538 Spruce Street, Suite 300 P.O. Box 909 Scranton, PA 18501-0909 aw-p awn T. Heilman 74443 -5- C7 ? p - .. Yrrt DAVID E. ECKERT and LORA A. ECKERT, V. MARY R. DONAGHY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 20023344 CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ANSWER TO MOTION TO COMPEL A VOCATIONAL INTERVIEW AND NOW, come the Plaintiffs by and through their attorneys, Tucker Arensberg, P,C., and respond to the Defendants' Motion to Compel as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff seeks recovery in this lawsuit for personal injuries. The remaining allegations are denied as stated since the automobile accident occurred when Defendant, Mary R. Donaghy drove her vehicle into the side of Plaintiff David Eckert's vehicle. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that the Defendant made the request that the Plaintiff submit to a vocational interview, but it is denied that the Defendant has provided good cause for such a request, as required by Pa.R.C.P. 4010.1(b). Defendant has Claimant's vocational expert's report, the Defendant has been provided with tax information as requested, and Defendant has had an opportunity to thoroughly cross examine the Plaintiff, David Eckert, on these issues, such that an additional interview should not be necessary. 7. Admitted in part; denied in part. It is admitted that Defendant's counsel's staff has telephoned Plaintiffs counsel regarding the vocational interview, but it is denied that Defendant's counsel has provided good cause as to why the vocational interview is necessary. 8. Denied. 9. Admitted. It is admitted that Pa.R.C.P. 4010.1 provides that the Court may order a party to submit to an evaluation, but that same Rule also requires that good cause be shown, which the Defendant has failed to do. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendant's request for an Order directing Claimant to submit to a vocational evaluation, as the Defendant has sufficient information to have that evaluation performed without a personal interview. Respectfully submitted, TUCKER ARENSBERG, P.C. By: Dennis R.,8heaffer Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 {717} 234-4121 Dated: /` fir' d Attorney for Plaintiff 74943.1 CERTIFICATE OF SERVICE AND NOW, this $ day of Q , 2005, PAULA J. BETTER, for the firm of TUCKER ARENSBERG, P.C., attorneys for Plai tiffs, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Anthony J. Piazza, Jr., Esquire Murphy, Piazza & Genello, P.C. 538 Spruce Street, Suite 300 P.O. Box 909 Scranton, PA 18501-0909 PAULA J. EI ER % ?i ?? ? ) .l _ f1 _, ?. L_i `.. (•? L:J DAVID ECKERT and LORA A. ECKERT, Plaintiffs vs. MARY R. DONAGHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3344 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL A VOCATIONAL INTERVIEW ORDER AND NOW, this day of January, 2005, a brief argument on the defendant's motion to compel is set for Thursday, February 3, 2005, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Dennis R. Sheaffer, Esquire For the Plaintiffs Anthony Piazza, Jr., Esquire For the Defendant AM ?? :7 ' _? II .i0 1 !! DAVID ECKERT and LORA A. ECKERT, Plaintiffs vs. MARY R. DONAGHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3344 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTIONS TO COMPEL ORDER AND NOW, this y day of February, 2005, the motions of the defendant to compel neuro-psychological testing/evaluation by Dr. Michael Raymond, and to compel a vocational interview are GRANTED. It is directed, however, that any and all examinations of the plaintiff be concluded on or before April 30, 2005, and the plaintiffs are granted leave to list this matter for trial thereafter. BY THE COURT, .' 'Inns R. Sheaffer, Esquire For the Plaintiffs Anthony Piazza, Jr., Esquire For the Defendant Am r? 0 2-DY -65 - Tr--S F DAVID ECKERT and LORA A. IN THE COURT OF COMMON PLEAS OF ECKERT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. 02-3344 CIVIL MARY R. DONAGHY, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this i9' day of April, 2005, following telephone conference with counsel, the plaintiff is directed to submit to an independent medical examination, as requested, but provided said examination is accomplished prior to the end of April 2005. The reports of all of the defendant's examinations and testing of the plaintiff shall be forthcoming on or before May 31, 2005. BY THE COURT, Hess, J. /41ennis R. Sheaffer, Esquire For the Plaintiffs ?Ynthony Piazza, Jr., Esquire For the Defendant Am v ?S oyzo-o5 0 I 't'° 1>!:i r I 'tic; SNZ V DAVID ECKERT and LORA A. ECKERT PLAINTIFFS v. MARY R. DONAGHY DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION--LAW JURY TRIAL DEMANDED No. 02-3344 Civ. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Anthony J. Piazza, Jr., Esquire, Defendant, Mary R. Donaghy 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 (20) 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 objections 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. Respectfully submitted; Date: May 11, 2005 MURPHY, PIAZZA & GENELLO, P.C. ANTHONY J. PIAZZA, JR., ESQUIRE DAVID E. ECKERT and LORA A. ECKERT, Plaintiffs V. MARY R. DONAGHY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3344 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: Dennis R. She er Attorney I. D. #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Date: '7 ' 7 ?- od' Attorneys for Plaintiffs 102514 .? r.a ;J Y'.J Fta a?