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HomeMy WebLinkAbout02-4811GREGORY BARROWS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002- -011 Civil RICHARD L. SWOPE, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against the Defendant, Richard L. Swope, and have the Sheriff of Cumberland County serve said Defendant at 675 Valley View Dr., Boiling Springs, Cumberland County, PA 17007. Respectfully submitted, HANDL ,HENN G SENBERG,LLP BY- Matthew S. Crosby, Esq. 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No. 69367 DATE: ' d l D Z Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04811 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARROWS GREGORY VS SWOPE RICHARD L DAWN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SWOPE RICHARD L the DEFENDANT , at 1532:00 HOURS, on the 9th day of October 2002 at 675 VALLEY VIEW DRIVE BOILING SPRINGS, PA 17007 by handing to JOYCE SWOPE, WIFE 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 4.85 Affidavit .00 Surcharge 10.00 .00 32.85 Sworn and Subscribed to before me this ZY*- day of `S?p•?,/5nZ A. D. 4.z th Prothonotary So Answers: R . TIuir-s K1 i? e?? ?-? 10/10/2002 HANDLER HENNING ROSENBERG By. I? l t1Y? S Deputy Sheriff O zJ l':C' t"rir Q iv 0 c7 1 r? N cT 0 J ? J h Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS GREGORY BARROWS Court of Common Pleas Plaintiff Vs. No. 02-4811 CIVIL TERM In CivilAction-Law RICHARD L. SWOPE 675 VALLEY VIEW DRIVE BOILING SPRINGS, PA 17007 Defendant To RICHARD L. SWOPE, You are hereby notified that GREGORY BARROWS, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date OCTOBER 2, 2002 -9-y- Deputy ? Attorney: Name: MATTHEW S. CROSBY, ESQUIRE Address: 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: Plaintiff Telephone: 717-238-2000 Supreme Court ID No. 69367 GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-4811 Civil JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Richard L. Swope, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 1012 ' I D & BY. j M. O'DONNhLL, L; No. 79457 42 0 Cruets Mill Road, Suite B 'sburg, PA 17112 (717) 651-3503 Attorney for Defendant Richard L. Swope CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law?,firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 14µ day of October, 2002, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 IAA- M-A) A** iMUI SUSAN M. WILLIAMS ;?,= ?, ?,;,; ' - ,?; r, -, ?': _: , ., , x , c; C; __ ?_.. i1J i_ ;`? !'? `I `? .j- ?'7 GREGORY BARROWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. RICHARD L. SWOPE, NO. 2002-4811 Civil Defendant : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer judgment non pros. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: lb/14)b x nTON M. O'DONNELL , ESQUIRE I.D. o. 79457 420 Crums Mill Road, Suite B H sburg, PA 17112 (717) 651-3503 Attorney for Defendant Richard L. Swope CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of October, 2002, a true and correct copy of the foregoing document was served via U.S. first-class mail, postage pre-paid, as follows: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 ?lu Iu ., W?(MA.ki SUSAN M. WILLIAMS GREGORY BARROWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. RICHARD L. SWOPE, N0.2002-4811 Civil Defendant : JURY TRIAL DEMANDED RULE AND NOW, this alb ay of , 2002, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiff, Gregory Barrows, to file a Complaint within twenty (20) days or suffer judgment of non pros. BY THE PROTHONOTARY: SEAL ' [' ? -r , ? ? ? F i??I ? -- -M [_r; '3 ?_. •1" . ? y _ , ? .,_ ? GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4811 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. 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 Telephone (717) 249-6 HANDLER, ENI/1IN & ROSENBERG,LLP By I\ Matthew S. Crosby, Esq. I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE: 1II it!- Attorneys for Plaintiff ;I GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4811 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Gregory Barrows, by and through his attorney, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and makes the within Complaint against the Defendant, Richard L. Swope, as follows: 1. Plaintiff, Gregory Barrows, is a competent adult individual currently residing at 718 Cumberland Point Circle, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant, Richard L. Swope, is a competent adult individual currently residing at 675 Valley View Drive, Boiling Springs, Cumberland County, PA 17007. 3. At all times material hereto, Plaintiff, Gregory Barrows, was a passenger in a 1987 Volkswagen Golf bearing Pennsylvania registration number BXZ 6329. The vehicle was operated and owned by Christopher W. Bowers. 4, At all times material hereto, Defendant, Richard L. Swope, was the owner and operator of a 1994 Plymouth Acclaim bearing Pennsylvania registration number DV1 7266. 5. At all times material hereto, Plaintiff was insured by Erie Insurance Group and covered by the limited-tort option. However, Plaintiff is not bound by the limited- tort option because of the serious injuries and disfigurement he sustained in this collision, pursuant to 75 Pa. C.S.A., §1705. 6. On or about, October 16, 2000 at about 5:50 pm, Plaintiff Gregory Barrow's vehicle was traveling southbound on SR 0074, approaching the intersection with Old Stonehouse Rd. in Cumberland County. 7. At approximately the same time and place, Defendant Richard L. Swope was on the southwest side of Old Stonehouse Road at the intersection with SR 0074. 8. At all times material hereto, Defendant had a Stop sign on Old Stonehouse Road, where it intersects with SR 0074 9. Suddenly and without warning, Defendant's vehicle pulled out directly into the path of Plaintiff's vehicle. 10. Defendant's vehicle violently struck the front of Plaintiff's vehicle. 11. At the point of impact, Plaintiff Gregory Barrows was violently thrown around the interior of Plaintiff's vehicle. 12. As a direct and proximate result of the negligence of the Defendant, Plaintiff, sustained extensive and permanent injuries as set forth more specifically below. 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Gregory Barrows, are the direct and proximate result of the negligence of the Defendant, Richard L. Swope, generally, and more specifically, as set forth below: 2 (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiffs vehicle; (b) In failing to operate his vehicle under proper and adequate control so that he could have avoided Plaintiff's vehicle; (c) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3361; (d) In failing to maintain proper and adequate observation of the existing traffic conditions; (e) In failing to keep a proper lookout for vehicles lawfully driving upon SR 0074; (f) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; (g) In failing to yield the legal right-of-way to Plaintiff's vehicle; (h) In failing to properly stop for a legally posted Stop sign; and (i) In failing to exercise the high degree of care required of an operator of a motor vehicle entering an intersection. 14. As a direct and proximate result of the negligence of the Defendant, Richard L. Swope, the Plaintiff, Gregory Barrows, has suffered extensive and serious personal injuries, including, but not limited to, a dislocated left shoulder; axonotomesis of the left brachial plexus, involving all trunks of the brachial plexus; decreased 3 sensation throughout his hand; persistent neuropraxia; fractured humeral head tuberosity; nerve damage in his left arm; wasting and atrophy of the left arm and hand; and curled, unmovable fingers. 15. As a direct and proximate result of the negligence of Defendant, Richard L. Swope, the Plaintiff, Gregory Barrows, has incurred lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the negligence of Defendant, Richard L. Swope, the Plaintiff, Gregory Barrows, has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Richard L. Swope, the Plaintiff, Gregory Barrows, has been compelled, in order to effect a cure for aforesaid injuries, to expend sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Richard L. Swope, the Plaintiff, Gregory Barrows, has suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his great detriment and loss. 19. As a direct and proximate result of negligence of Defendant, Richard L. Swope, the Plaintiff, Gregory Barrows, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 4 20. Plaintiff, Gregory Barrows, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Gregory Barrows, seeks damages from Defendant, Richard L. Swope, in an amount in an amount in excess of compulsory arbitration limits of Cumberland County exclusive of interest and costs, and demands a trial by jury. Respectfully submitted, HaewS. NNING ? ROSENBE , LLP Date: b Z B Mby, Esq . Attorney 1. D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff JJMcomplaintslmvaVantz 5 VERIFICATION PURSUANT TO Pa. R C P No 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHEW S. CROSBY, ESQ. DATE: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, RICHARD W. SWOPE, by sending a copy of the same to his counsel of record, Sharon M. O'Donnell, Esq., MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, 4200 Crums Mill Rd., Ste. B, Harrisburg, PA 17112, by United States Mail, regular service, in Harrisburg, Pennsylvania on November 11 2002. HENNING & DATE: (I It Q L M'atfhew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff LLP c: , l -c? ?. :- ??? ? . 'i ... ? ' ?. : j ? r? - GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4811 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiffs First Set of Interrogatories Directed to Defendant, Richard L. Swope and the Plaintiff's First Request for Production of Documents. was served on the Defendant, RICHARD W. SWOPE, by sending a copy of the same to his counsel of record, Sharon M. O'Donnell, Esq., MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, 4200 Crums Mill Rd., Ste. B, Harrisburg, PA 17112, by United States Mail, regular service, in Harrisburg, Pennsylvania on November LA-, 2002. HANDLFC, HENNIOG & ROSENBERG, LLP DATE: i1?ll?D? By Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff -, r C.? • - ' ?. ?-; " ni*; - _s ?_. _._ 1. l Ct - _` ?;:L `r` .,. t ,: , c . - ,... -'C _?? ? „_ GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-4811 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -1 day of 2002, I hereby certify that I have, on this date, served the within Plaintiff's Answers to the Damages Interrogatories of Defendant by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Sharon M. O'Donnell, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully submitted, HANDLE Matthew S. Crosby, Esquire ID # 69367 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorney for Plaintiff & ROSENBERG C? r' a . r -,? ? ? : ? _ ?? ? p ? w GREG BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-4811 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of 2002, 1 hereby certify that I have, on this date, served the within Plaintiff's Responses, to the Request for Production of Documents of Defendant, Richard L. Swope, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Sharon M. O'Donnell, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully subm d, HANDLE , HENNIN & ROSENBERG By: Matthew S. Crosby, Esquire ID # 69367 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorney for Plaintiff "? 4. c' T {'F,+ t1 ?(:? ? ;...? ...7'7 v?7 e ?i "'i rw ? ? .. - ?=' - ` rY ? t - i { R 1 ? _`'r --e= GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-4811 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this --??---- day of 4rlzal 2002, 1 hereby certify that I have, on this date, served the within Plaintiff's Answers to the Interrogatories of Defendant by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Sharon M. O'Donnell, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully submitted, G HAN777 By: by, Esquire Matthew S. Cros ID # 69367 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorney for Plaintiff ! ;."' 3 ?, ; r.. "? - ,.? - ?, ?r. `__- -- CJa ?' .. __ ?_., ?C~? . .:7 - -:'r. ! ? , .i ?? ? -- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREGORY BARROWS -VS- RICHARD L. SWOPE COURT OF COMMON PLEAS TERM, CASE NO: 2002-4811 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL, 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. on b /eI DATE: 12/09/2002 SHARON O'DONNELL, ESQ. Attorney for DEFENDANT ..171 ,ji ;>Fi t:? DE11-379954 1 3 7 7 7- L 0 3. C O MM O X W E A L T H OP P E N N S Y L VAN T A COUNTY OP C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY BARROWS -VS- RICHARD L. SWOPE TERM, CASE NO: 2002-4811 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCMMS AMID THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS & HOSPITAL BILL CARLISLE HOSPITAL X-RAY ONLY APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) CENTRAL PA. REHAB. SERVICES MEDICAL, BILLING, AND X-RAY(S) SANJIR NAIDU, M.D. MEDICAL, BILLING, AND X-RAY(S) PENN REHAB ASSOCIATES, P.C. MEDICAL, BILLING, AND X-RAY(S) TO: MATTHEW CROSBY, ESQ. MCS on behalf of SHARON O'DONNELL, 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: 11/19/2002 CC: SHARON O'DONNELL, ESQ. 13241-00201 Any questions regarding this matter, contact MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT ,THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-207439 1 3 7 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY BARROWS VS • File No. 2002-4811 CIVIL RICHARD L.SWOPE , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Person or Entity) thith g i twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or at MCS GROUP INC., 1601 MARKET ST., 1800, 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 _ SHARON M. O' DONNELL ESO ADDRESS: 4200 CRUMS MILL _RD. , STE B HARRISBURG, PA 17112 TELEPHONE 215-246-0900 SUPREME COURT ID g: ATTORNEY FOR: Tw rmi)ANT 12/09/2002 l 1 BY E CO RT: D DATE: Prothonotary/qer L W. Civil Ion Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 13777 GREGORY BARROWS Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 : GREGORY BARROWS 718 CUMBERLAND POINT CIR., MECHANICSBURG, PA 17055 Social Security #: 183-64-5538 Date of Birth: 09-01-1982 SU10-41,0862 1 3 7 7 7- L 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREGORY BARROWS -VS- RICHARD L. SWOPE COURT OF COMMON PLEAS TERM, CASE NO: 2002-4811 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL, 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 th-e?'subpoena. MCS on behalf of DATE: 12/09/2002 SHARON O'DONNELL, ESQ. Attorney for DEFENDANT DE11-379955 1 3 7 7 7- L 02 C O M M O N W E A L T H Or P E NN S Y L VAN X A C OUNT Y Or C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY BARROWS -VS- RICHARD L. SWOPE TERM, CASE NO: 2002-4811 CIVIL A SUBPOEM TO PRODUCE DOCUMNTS AND RY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS & HOSPITAL BILL CARLISLE HOSPITAL X-RAY ONLY APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) CENTRAL PA. REHAB. SERVICES MEDICAL, BILLING, AND X-RAY(S) SANJIR NAIDU, M.D. MEDICAL, BILLING, AND X-RAY(S) PENN REHAB ASSOCIATES, P.C. MEDICAL, BILLING, AND X-RAY(S) TO: MATTHEW CROSBY, ESQ. MCS on behalf of SHARON O'DONNELL, 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: 11/19/2002 CC: SHARON O'DONNELL, ESQ. - 13241-00201 Any questions regarding this matter, contact MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-207439 1 3 7 7 7- C O I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY BARROWS VS • File No. 2002-4811 CIVIL RICHARD L.SWOPE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE 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: at MCS GROUP INC., 1601 MARKET ST., 4800. PHILA_.PA 141nq (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 SHARON M. O'DONNELL ESQ ADDRESS: 4200 CRUMS MILL RD., STE B HARRISBURG, PA 17112 - TELEPHONE 215-246-0900 SUPREME COURT ID f ATTORNEY FOR: 1)F.FF.NnANT 12/09/2002 DATE b,/?U _ Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 13777 GREGORY BARROWS INCLUDING ANY AND ALL MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Dates Requested: up to and including the present. Subject : GREGORY BARROWS 718 CUMBERLAND POINT CIR., MECHANICSBURG, PA 17055 Social Security #: 183-64-5538 Date of Birth: 09-01-1982 SU10-410864 1 3 7 7 7- L 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREGORY BARROWS -VS- RICHARD L. SWOPE COURT OF COMMON PLEAS TERM, CASE NO: 2002-4811 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL, 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: 12/09/2002 MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT DE11-379956 3-3777-L 03 C O M M O N W E A L T H 07 P E N N S Y L VAN T A COUNTY Or C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY BARROWS TERM, -VS- CASE NO: 2002-4811 CIVIL RICHARD L. SWOPE NOTICE OF INTENT TO SERVE A 40 CARLISLE HOSPITAL MEDICAL RECORDS & HOSPITAL BILL CARLISLE HOSPITAL X-RAY ONLY APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) CENTRAL PA. REHAB. SERVICES MEDICAL, BILLING, AND X-RAY(S) SANJIR NAIDU, M.D. MEDICAL, BILLING, AND X-RAY(S) PENN REHAB ASSOCIATES, P.C. MEDICAL, BILLING, AND X-RAY(S). TO: MATTHEW CROSBY, ESQ. MCS on behalf of SHARON O'DONNELL, 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: 11/19/2002 CC: SHARON O'DONNELL, ESQ. - 13241-00201 Any questions regarding this matter, contact MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-207439 1 3 7 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY BARROWS VS • File No. 2002-4811 CIVIL RICHARD L.SWOPE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:APPALACHIAN ORTHOPEDIC CENTER,LTD. (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., #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: SHARON M. O'DONNELL, ES ADDRESS: 4200 CRUMS MILL RD. STE B HARRISBURG, PA 17112 TELEPHONE: 219-246-0900 SUPREME COURT ID ft ATTORNEY FOR: DF.FRNDANT 12/09/2002 DATE: ?LLJC Y I j x, Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR. CARLISLE, PA 17013 RE: 13777 GREGORY BARROWS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : GREGORY BARROWS 718 CUMBERLAND POINT CIR., MECHANICSBURG, PA 17055 Social Security #: 183-64-5538 Date of Birth: 09-01-1982 SU10-410866 1 3 7 7 7- 1, 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREGORY BARROWS -VS- RICHARD L. SWOPE COURT OF COMMON PLEAS TERM, CASE NO: 2002-4811 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL, 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 adentical,,,to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/09/2002 SHARON O'DONNELL, ESQ. Attorney for DEFENDANT J4 i ;" Q7 Uµ 1 ,"1 DE11-379957 1 3 7 7 7- L 0 4 C O M M O N W E A L T H OF P E NN S Y L VAN X A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY BARROWS -VS- RICHARD L. SWOPE OF TERM, CASE NO: 2002-4811 CIVIL TO SERVE A SUBPOEM TO PRODUCE DOCUMENTS AND R DISCOVERY PURSMM TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS & HOSPITAL BILL CARLISLE HOSPITAL X-RAY ONLY APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) CENTRAL PA. REHAB. SERVICES MEDICAL, BILLING, AND X-RAY(S) SANJIR NAIDU, M.D. MEDICAL, BILLING, AND X-RAY(S) PENN REHAB ASSOCIATES, P.C. MEDICAL, BILLING, AND X-RAY(S)- TO: MATTHEW CROSBY, ESQ. MCS on behalf of SHARON O'DONNELL, 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: 11/19/2002 CC: SHARON O'DONNELL, ESQ. - 13241-00201 Any questions regarding this matter, contact MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-207439 1 3 7 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY BARROWS VS • File No. 2002-4811 CIVIL RICHARD L.SWOPE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA REHAB SERVICES (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: eFF ATTACHED at MCS GROUP INC., 1601 MAF.KET ST., 0800, 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: SHARON M. O' DONNELL ESQ ADDRESS: 4200 CRUMS MILL RD., STE B HARRISBURG, PA 17112 TELEPHONE 215-246-0900 SUPREME COURT ID is ATTORNEY FOR: i1FFFNnANT 12/09/2002 BY PE COURT: Z DATE: 417-)nij. l.3? e Prothonotuy/Clerk, Civil n De Seal of the Court (Eff. 7/9'7) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA. REHAB. SERVICES 2120 FISCHER ROAD MECHANICSBURG, PA 17055 RE: 13777 GREGORY BARROWS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : GREGORY BARROWS 718 CUMBERLAND POINT CIR., MECHANICSBURG, PA 17055 Social Security #: 183-64-5538 Date of Birth: 09-01-1982 SU10-410868 1 3 7 7 7- L O 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREGORY BARROWS -VS- RICHARD L. SWOPE COURT OF COMMON PLEAS TERM, CASE NO: 2002-4811 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL, 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: 12/09/2002 SHARON O'DONNELL, ESQ. Attorney for DEFENDANT DE11-379958 1 3 7 7 7- L 0 5 COMMONWEALTH or P E NN S Y L VAN 2 A C OUNT Y or C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY BARROWS -VS- RICHARD L. SWOPE TERM, CASE NO: 2002-4811 CIVIL NOTICE OF INTENT TO SERVE A SUBPOMM TO PRODUCE DOCUMENTS AMID THINGS FOR DISCOVERY PUR SUANT TO RULB 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS & HOSPITAL BILL CARLISLE HOSPITAL X-RAY ONLY APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) CENTRAL PA. REHAB. SERVICES MEDICAL, BILLING, AND X-RAY(S) SANJIR NAIDU, N.D. MEDICAL, BILLING, AND X-RAY(S) PENN REHAB ASSOCIATES, P.C. MEDICAL, BILLING, AND X-RAY(S) TO: MATTHEW CROSBY, ESQ. MCS on behalf of SHARON O'DONNELL, 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: 11/19/2002 r R f,"? I CC: SHARON O'DONNELL, ESQ. - 13241-00201 Any questions regarding this matter, contact MCS on behalf of _SHARON O'DONNELL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC*. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215)246-0900 DE02-207439 1 3 7 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY BARROWS VS • File No. 2002-4811 CIVIL RICHARD L.SWOPE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SANJIV NAIDU, MD., PH.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: --- ATTA-CHED 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: SHARON M. O' DONNELL ESQ ADDRESS: 4200 CRUMS MILL RD., STE B HARRISBURG, PA 17112 TELEPHONE: 219-746-0900 SUPREME COURT ID g: ATTORNEY FOR. 17F.FF.NnANT 12/09/2002 BY E C LI?RT. z d, DATE: 6 3d 1, - Prothon"/Clerk, Eapfreivision P D Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SANJIR NAIDU, M. D. PENN STATE GEISINGER ARTH M.C. 4089 PO BOX 850 HERSHEY, PA 17033 RE: 13777 GREGORY BARROWS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : GREGORY BARROWS 718 CUMBERLAND POINT CIR., MECHANICSBURG, PA 17055 Social Security #: 183-64-5538 Date of Birth: 09-01-1982 SU10-410870 1 3 7 7 7- L 0 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREGORY BARROWS -VS- RICHARD L. SWOPE COURT OF COMMON PLEAS TERM, CASE NO: 2002-4811 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of SHARON O'DONNELL, 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 ide'ntlcal to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/09/2002 MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT DE11-379959 1 3 7 7 7- L 0 6 C O M M O N W E A L T H Or P E N N S Y L VAN I A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY BARROWS TERM, -VS- CASE NO: 2002-4811 CIVIL RICHARD L. SWOPE OF INTENT TO SERVE A SDBPOMM TO PRODUCE DOCOMSIiTpS AMID THINGS FOR DISCOVERY PDRSMkNT TO RQLR 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS & HOSPITAL BILL CARLISLE HOSPITAL X-RAY ONLY APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) CENTRAL PA. REHAB. SERVICES MEDICAL, BILLING, AND X-RAY(S) SANJIR NAIDU, K.D. MEDICAL, BILLING, AND X-RAY(S) PENN REHAB ASSOCIATES, P.C. MEDICAL, BILLING, AND X-RAY(S) TO: MATTHEW CROSBY, ESQ. MCS on behalf of SHARON O'DONNELL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have treaty (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: 11/19/2002 MCS on behalf of SHARON O'DONNELL, ESQ. Attorney for DEFENDANT CC: SHARON O'DONNELL, ESQ. - 13241-00201 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 _ PHILADELPHIA, PA 19103 -* (215) 246-0900 D902-207439 3-3 7 77 -C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY BARROWS VS • File No. 2002-4811 CIVIL RICHARD L.SWOPE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENN REHAB. ASSOC. P.C. (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., #800. PHILA-11A 1 9TM (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: SHARON M. O' DONNELL ESQ _ ADDRESS: 4200 CRUMS MILL RD.. STE B HARRISBURG, PA 17112 TELEPHONE: 215-246-0900 SUPREME COURT ID •s ATTORNEY FOR: 11F.FF.NnANT 12/09/2002 DATE: dL- nt-N 12 Ann,-x . t Seal of the Court (Eff.'/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN REHAB ASSOCIATES, P.C. 2151 LINGLESTOWN ROAD SUITE 240 HARRISBURG, PA 17110 RE: 13777 GREGORY BARROWS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : GREGORY BARROWS 718 CUMBERLAND POINT CIR., MECHANICSBURG, PA 17055 Social Security #: 183-64-5538 Date of Birth: 09-01-1982 SU10-410872 1 3 7 7 7- L 0 6 n .-, ??_ - , :? _ z - .e_._ - _ ,?? ?- ` ,. ^ ' j i ,rte ` 4j 1 ?? \05 A\LIABl1PM\LLPG\l10005\RYM\13241\00201 GREGORY BARROWS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION •- LAW V. RICHARD L. SWOPE, Defendant NO. 2002-4811 Civil JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gregory Barrows, Plaintiff c/o Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: I 1-ah -D ?- i4mm Lwg'-*? ARON M. O'DONNELL, ESQUIRE r.D?. No. 79457 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorney for Defendant \05_AILIAB\JPM\C0RR\109990\RYM\13241 \00201 GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-4811 Civil JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT RICHARD L. SWOPE TO PLAINTIFF'S COMPLAINT 1. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied with strict proof being demanded at trial, if relevant. 2. Admitted. 3. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and the same are therefore denied with strict proof being demanded at trial, if relevant. 4. Admitted. 5. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, it is admitted that Plaintiff is bound by the limited tort option. As to the identity of Plaintiffs insurer, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averment contained in this paragraph despite, reasonable investigation, and these allegations are therefore denied, strict proof being demanded at trial, if relevant. As to, the remaining averment contained in this paragraph, said averment is denied generally, pursuant to Pa.R.C.P.1029(e). 6. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P.1029(e). 7. The allegations contained in this paragraph are ambiguous; accordingly, Answering Defendant denies generally the averments contained in this paragraph, pursuant to Pa.R.C.P.1029(e). 8. The allegations contained in this paragraph are ambiguous; accordingly, Answering Defendant denies generally the averments contained in this paragraph, pursuant to Pa.R.C.P.1029(e). 9. The averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 10. The averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 11. The averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 12. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 2 13. (a)-(i) The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). Furthermore, Answering Defendant is unable to determine the meaning of subparagraph () of this paragraph in that it is a non-specific obligation violative of Pennsylvania Procedure and without factual support therefore. 14. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 15. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P. 1 029(e). 16. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 17. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 18. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 19. ,The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that an answer is required, the averments contained in this paragraph are denied generally pursuant to Pa.R.C.P.1029(e). 20. No response is required. To the extent that a response is required, the averments set forth in this paragraph are denied generally pursuant to Pa.R.C.P. 1 029(e). NEW MATTER 21. The answers to paragraphs twenty (20) through thirty-two (32) are incorporated herein by reference as if fully set forth at length. 22. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 23. The applicable Statute of Limitations may have expired prior to the proper institution of this action. 24. Answering Defendant was not negligent. 25. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident ancL'or did not result in the injuries and/or losses alleged by the Plaintiff. 26. The incident and/or damages prescribed in Plaintiffs Complaint may have been caused or contributed to by the Plaintiff. 27. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 4 28. The Plaintiff may have assumed the risk. The Plaintiff may have been. contributorily negligent. 29. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendant. 30. Plaintiff may have failed to mitigate his/her damages. 31. Plaintiff may have selected the "limited tort option" under motor vehicle insurance policy, thereby waiving any non-economic claim for injuries that are not found to be "serious", pursuant to 75 Pa. C. S.A. § 1702 and § 1705. 32. Defendant hereby avers that the injuries sustained by the Plaintiff, if any, were not "serious" under the statute, thereby negating any non-economic claim by the Plaintiff. 33. Plaintiffs recovery in this case, if any, is limited by the provisions of 75 Pa. C. S.A. § 1720 and § 1722. WHEREFORE, Answering Defendant, Richard Swope, respectfully requests that Plaintiffs Complaint be dismissed in its entirety. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, Cy EXAM & GOGGIN DATE: M-ar) -O>- SH ON M. O'DONNELL, ESQUIRE 1. No. 79457 4 0 Crums Mill Road, Suite B H sburg, :PA 17112 (717) 651-3503 Attorney for Defendant 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter, and to the extent that it is based upon information, which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: ` RI L. SWOPE DATE: POWER OF ATTORNEY &VOTY ALL MEN BY THESE PRESENTS, that 1, RTClLk" L. SWOPE,• have made, constituted and appointed and by these presents do make, constitute and appoint my spouse, JOYCE L. SWOPE, my tare and lawful attorney- in- fact for rile and in my unme and on my behalf generally, to do and perform all matters and things, transact all business, snake, execute, acklowledic. endorse acid deliver all contracts, orders, checks, deeds of conveyance, certificates of stock, bonds, other secunties. loans, leases, mortgages, notes, car titles, releases of lien or satisfaction of bonds and mortgages -uid other writings, assurances and instruments which may be requisite o:- proper to effectuate any matter or thing appertaining or belonging to me, to engage in insurance transactions, to authorize my admission to a medical, nursing, residential or similar tacility and to enter into Agreements for my care, to authorize medical and surgical procedures; within the power hereby granted to my attorney is the right of access to and deposit and withdrawal from, any safety deposit box to which 1 have said rights, and also the right of withdrawal from any accounts in my name, and also the right to create and form ally trust, or receive any governmental benefits, all with the same powers, and to all intents and purposes with the same; validity as I could, if personally present, hereby ratifying and confirming whatsoever my said attorney shall and may do, by virtue hereof. Furthermore, to the event that I am adjudicated incompetent in any coup having jurisdiction, I nominate for consideration by the Court my attorney- in- fact herein named to be named by that Court as the guardian of my estate or of my person. In addition to the powers and discretion herein specifically given and conferred upon him or her, and notwithstanding any usage or custom to the contrary, to have the full power, right and authority to do, perform and to cause to be dove and performcd all such acts, deeds, matters and things in connection with my propeny and estate as lie or she, in his or her sole discretion, shall deem reasonable, necessary and proper, as fully, effectually and absolutely as if he or she were the absolute owner and possessor thereof. Further, my attorney-in-fact shall also have the right to make gifts to my issue and their spouses and their children in such amounts a5 do not exceed my total available credit for -ill and estate tax purposes under the Internal Revenue Code, as amended. The class of permissible donee-, shall include any child of mine who is acting as my agent under this Power of Attomey. It is also my intention and direction that this Power of Attorney shall not be adversely affected by any disability of the principal. It shall not be necessary that my attorney named herein obtain judicial detennination of such disability, but it shall be sufficient that she determine, to concurrence with the advice of my physician that I am physically and/or mentally incapable of handling my affairs. This power of attorney shall rescind and revoke any other powers of attorney previously made by me. If my spouse, JOYCE L. SWOPE, is not able to serve as my Power of Attorney for whatever reason, I hereby name and appoint SANDRA L. MCCORKEL, as my alternate Attorney-ln-Fact with all of the aforesaid powers. IN 11VITi WHEREOF, I have hereunto set my hand and seal this'L. day of March, 2002. IYIT ` SEAL CON1,b1 r VEALTHOFPENNSYLI;?NIA CFiAltll L. SWOPE LINTY OF CUMBER•1ND SS: On this, the ay of March, 2002, before me, the undersigned officer, personally appeared RICIUR.D L. SW E, known to me or satisFactorily proven to be the person t ose name is subscribed to the within instrument and aeknowlge.d that?e exende same for the a ores therein contained. 1 t re Jac! jU•_iin Cwli„e 6Uro, Ply Commis. d Cu?it} I inn txp,res Aug. In ?,, I POWER OF ATTORNEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTOR-NEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMTNATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56. IF THERE IS ANYTHING ABOUT THIS FOR:''+?I THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE A_N D I UNDERSTAND ITS CON'T'ENTS. 1 Date: 2002 'AICHARD L. SWOPE 1 ACKNOWLEDGEMENT 1, JOYCE L. SWOPE, HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 Pa.C.S. WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY ASSETS. I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE. I SMALL KEEP A FULL AND ACCURATE, RECORD. OF ALL ACTIONS, RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL. O E L. WOPE 7- Date; , 2002 ACKNOW'LEDGEKENT I, SANDRA L. McCORKEL, HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 Pa.C.S. WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY ASSETS. I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE. I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL. Date: ?? .?? /2002 GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW : NO. 2002-4811 Civil . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE; I, Cherri M. Whitson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ar)' ?ay of December, 2002, served a copy of the foregoing Answer With New Matter via First Class United States Mail, postage prepaid as follows: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Cherri M. Whitson \05 A\LIAB\SMO\LLPG\112335\CYW\13241\00201 J ... ? ?,??a, S? l _ ?'F ?`'--? T ? .. f. \? : ? ? ?j"R ; ''' ? / ` M? y ? .' ?. X71 .fit -3 ? ?? '-C GREGORY BARROWS, Plaintiff V. RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4811 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, GREGORY BARROWS, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and answer as follows to Defendant's New Matter: 21. Paragraph 21 is one of incorporation and, therefore, no response is required. 22. Denied. The allegations in Paragraph 22 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 23. Denied. The allegations in Paragraph 23 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. -1- 24. Denied. The allegations in Paragraph 24 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 25. Denied. The allegations in Paragraph 25 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 26. Denied. The allegations in Paragraph 26 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 27. Denied. The allegations in Paragraph 27 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 28. Denied. The allegations in Paragraph 28 are denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 30 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 29. Denied. The allegations in Paragraph 29 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. -2- 30. Denied. The allegations in Paragraph 30 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 31. Denied. The allegations in Paragraph 31 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 31 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 32. Denied. The allegations in Paragraph 32 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 33. Denied. The allegations in Paragraph 33 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's allegations and enter judgment in favor of the Plaintiff. Respec#Glly submitted, Date: [ 3 o Z. HA DLER, H NING & ROSENBERG, LLP By. Matthew S. Crosby, Esq. Attorney I. D. # 69367 1300 Linglestown Rd. Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff -3- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, RICHARD L. SWOPE, by sending a copy of the same to his counsel of record, Sharon M. O'Donnell, Esq., MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, 4200 Crums Mill Rd., Ste. B, Harrisburg, PA 17112, by United States Mail, regular service, in Harrisburg, Pennsylvania on December 3 /, 2002. HANDLER, H NING & OSENBERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff DATE: 1 31 0 L ? ?? _. 7 ? r ? , : . ?; c _ ? ,? ? ?"t - ' :?,-- v = _ _,. 1 t; -:? ? ? ; -G GREGORY BARROWS, Plaintiff v RICHARD L. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4811 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER BY: DATE: C & ROSENBERG, LLP Matthew S. Crosby, Esq. 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No. 69367 Attorneys for Plaintiff ?? -- c- .. . ;= .' ._. _ .i ` [ --- V-? _` r,-+`. - ,, c? .. TRACY (SCOTT) FAILOR, Plaintiff Vs. RICK SCOTT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2003-4811 : CIVIL ACTION -LAW : IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner Tracy Failor, hereby petitions this Honorable Court to enter an Order of Contempt against Respondent, Rick Scott, because of his violation of this Court's Custody Order requiring him to provide both of the party's children during her periods of physical custody per the current Order. Petitioner further petitions this honorable Court to enter a Court order granting Petitioner primary physical custody of both of the parties' children, and limiting Respondents rights of custody to partial physical custody of both children. In support thereof, Petitioner avers as follows: 1. The Petitioner is Tracy Failor, residing at 43 South East Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Petitioner" or "Mother"). 2. The Respondent is Rick Scott whose current residence is 329 N. Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065 (hereinater "Respondent" or "Father"). Respondent just recently moved out of his prior residence that he shared with his paramour. 3. A current custody Order is in effect regarding the custody of the following children: Kyle Scott, born April 6, 1992 (currently 16 years old); and Logan Scott, born October 13, 1996 (currently 12 years old). Said Order was dated September 20, 2004, and resulted upon agreement of the parties after a hearing before the Honorable Kevin A. Hess, Jr. 4. The current Order provides that the parties, who are the natural parents of said children, share legal custody of the children. The current order also provides that Mother and Father share physical custody of the children on a 50150 basis with Mother having the children on Monday and Tuesday, Father having the children on Wednesday and Thursday and the parties alternating the weekends, with the weekend running Friday through Monday. 5. Since the custody order of September 2004 (hereinafter the "Order"), Father has routinely withheld custody of both children during the times Mother was to have custody. In the beginning of September, 2006 Kyle was in the custody of his mother when he had been sent to his room, Mother could not find child in the house, police were called to report Kyle as a runaway, however police later informed Mother that Father had picked up the child from a grocery store and that he would return him the next day. 6. During the same time period Mother had learned through a cousin of the children that they had not been in school, when Mother called to attempt to find out why the kids were not in school, Father took the phone from Kyle and would not tell the Mother the whereabouts of the children for several days. When the children returned home to Mother they informed her that they were in Florida and that they were not supposed to tell Mother where they were. 7. One or Two days later Kyle got smart with Mothers paramour Mr. Edward Kennedy. Mr. Kennedy told Kyle that he could just leave if he was going to talk like that. The next day Mr. Scott was to return the children but only returned Logan. Father told Kyle that he would "never make him return to his mother's home", Mother has made numerous attempts to see and speak with Kyle. Police have been called to Fathers prior place of residence because he was withholding the children from Mother on her day of custody. Mr. Scott refused to bring Kyle to Logan's birthday party at Mother's house around mid October, 2006. 8. Father has also routinely withheld custody of the children on Sunday's. Mother would go to Fathers' place of residence at the specified time and Father and children would not be home. Father would later call Mother and say they were either going to be late or not going to make it home at all. 9. Mother is requesting the court for an emergency order granting her full physical custody of Logan due to reports of physical abuse to Logan. Around April of 2008 Logan reported to his mother that he was chewing his fingernails and Fathers' paramour slapped him across the face, this incident of physical abuse was reported to Children and Youth Services who met with Father and his paramour at the time and informed him of appropriate ways to discipline, furthermore Logan has relayed to Mother, numerous acts of physical violence from his brother Kyle such as, slapping, punching, kicking and choking him and slamming him into walls which Logan reports happens all the time because father is preoccupied in his garage on a daily basis. Logan has also expressed fear of physical abuse by his Father. 10. Logan's grades have been suffering and Mother believes that this is due to the fact that Father leaves children at home alone or with babysitters so that he can head up his wine clubs and attend beer festivals. When Father is home he is usually in his garage working on cars rather then attending to the necessary school work that needs to be done each evening. 11. Father also makes derogatory comments about Mother in front of the children and believes this is the cause of Kyle's disrespect towards Mother. On or about April, 2008 Mother heard Father tell the children that he felt sorry for them because of who their Mother his. Logan also reports that father tells the children that he does not regret having children he just regrets who their Mother is. 12. Father also disobeys the Order when it comes to 2 weeks of vacation over the summer, for the past several years Father has scheduled his 1 week during the last week of summer and the second week during the first week of school. 13. Father also disobeys the Order when he enrolls the children in numerous activities every year without consulting with Mother, as is stated in the court order 14. Father also makes up his own holiday schedule and Mother gets the children whatever time that Father feels is appropriate. Numerous Holidays Father has completely withheld the children from Mother. Mother is requesting a strict Holiday schedule. 15. Father has a history of cocaine abuse and mother believes this may be the cause of many of Fathers' unreasonable actions. 16. Mother has just reunited with her 18 year old daughter, sister to Kyle and Logan. Father was refusing to let mother have Logan to meet his sister. Father has made the statement that he does not think the children should meet their biological sister. Kyle has refused to meet his sister, however Logan has met and developed a very loving relationship with his sister. 17. Mother is a constant and stable presence in the children's lives. 18. Logan freely expresses his desire to live with Mother. 19. Mother has the facilities to provide for the care and comfort and control of the children, as well as the intention and desire to do so. WHEREFORE, Mother hereby requests that this Honorable Court grant Mother shared legal custody, and primary physical custody of the children, with visitation by Father. WHEREFORE, Mother also requests that the Order be modified to set a strict holiday custody schedule. WHEREFORE, Mother also requests that this Honorable Court find Father in contempt of the Court Order, and cause him to be held accountable for such. Respectfully Submitted, -74 6t- CI/I ' Tracy L. Failor Dated: 12/4/08 VERIFICATION I, Tracy Failor, verify that the statements made in this Petition for Contempt and Modification are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa.C.S 4904 relating to unworn falsification to authorities. Dated: ?"' 4.. 3 ? - _