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HomeMy WebLinkAbout00-00449 "". DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-449 CIVIL 19 JESSICA ELLIS-HECKMAN, Defendant RULE 1312~1. The Petition for Appointment of Arbitrators shall be substantially iq the following form; PETITION FOR. APPOINTMffi,T OF ARBIT~~TORS TO THE HONORABLE, THE JUD~~S OF SAID COURT: John A. Statler, Esquire' , counsel for the ,. ,u'defendant in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The claim of the plalntlf.f in the action is $ Unliquidated Dama",..s. " , I The counterclaim of .the defendant in the action is The following attorneys ~re wise disqualified to sit ~s interested in the arbitrators: case(s) as counselor are other- Matthew S. Crosby, Esquire, Counsel for Plaintiffs: John A. Statler. Esquire. Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW: . (LA<L foregoing pet~t~~ in consideration of the Esq., ~L/Ak~ , ~ Esq., and , Esq., are appointed arbitrators in the prayed for. By the P. J. -,",.~ ~'~-jililtuliiil.- I ~'-~"' " .....~..~-~ ~'"~"'IiIRHlIilj"-'ll."" ~ " " j' '\ '~:>} \ '., ~" '''i. , , ~ " , L~ ) '!i ~- , ' 1 "- t:J ........ ~ "~ ~ < ~ ~ ~ ~ "CQ. n: ~ l ;"1 ~ & ~ ~ tjI VINVl\l,\SNN3d JJNnOCl ClN'flH38\"ln8 1\ :Z t,1d 021,;nr \0 ^tN1C\\K> :.>-.j 1 :\0 3:)U~CrOj. \\::1 -~ - ~ ~. "'"-:: D Cl (" c: _...1 :<::: ',1 -rJC.'! := ITif," -,. "" 2:0 .,0;,- ~-~~ " \D i- "" 'Y' ", ~ ~C)- -0 d~~~ >'0 ~~ ~O ..l>C N ;,:",)m Z 0 ~~ ~ 5j C1' -~ .. OF COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG~KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB ARNOLD B. KOGAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN DELoRENZO JOHN R. NINOSKY DAVID M. STECKEL '""' .-.-.q ~ . c" ,,' ',~ "-'''''~- ~='- '~." .;,-" 'c., .,' "". _,,-,' ,b, . , I i I I I I I 320 MARKET STREET. STRAWBERRY SQUARE P.O. Box 1268 . HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 . 717.234.6808 (FAX) Jas@gkslaw.com (E-mail) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW July 24,2001 Lindsay Dare Baird, Esquire 37SouthHanoverStre~ Carlisle, PA 17013 Re: Deborah K. Barrick v. Jessica Ellis-Heckman Cumberland County No. 00-449 Civil Term Dear Ms. Baird: I received notice that you were appointed to chair the Board of Arbitrators for a hearing in the above case. I am writing to confirm that this case has been settled by agreement of the parties. Therefore, it will not be necessary to schedule an arbitration in this case. Very truly yours, 'I I JAS/ch cc: Matthew S. Crosby, Esquire 66061.1 CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717.843.7912 ,,. ,'U'~ __ ~~ ........~ .. - -_I ''''''t"" ,.., SHERIFF'S RETURN - REGULAR CASE NO: 2000-00449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK DEBORAH K ET AL VS ELLIS-HECKMAN JESSICA ET AL DAWN' KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ELLIS-HECKMAN JESSICA the DEFENDANT , at 0008:50 HOURS, on the 2nd day of February, 2000 at 26 STATE AVE CARLISLE, PA 17013 by handing to KATHRYN ELLIS 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 Service Affidavit Surcharge So Ans;;;~~~ 18.00 3.10 .00 10.00 .00 31.10 R. Thomas Kline 02/04/2000 HANDLER, HENNING & ROSENBERG Sworn and Subscribed to before me this ,d5'f!:::- day of By: SJ~ ~. ~ Deputy Sheriff J'~ ~ A.D. C)'f"- (2 ~ ~. Prothonotary , _"" I~w """,~ .,. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK DEBORAH K ET AL VS ELLIS-HECKMAN JESSICA ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ELLIS KATHRYN the DEFENDANT , at 0008:50 HOURS, on the 2nd day of February, 2000 at 1646 TRINDLE ROAD CARLISLE, PA 17013 by handing to KATHRYN ELLIS 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 Service Affidavit Surcharge So Ans~we. rS~A;~~ ~~ ., . 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 02/04/2000 HANDLER, HENNING & ROSENBERG Sworn and Subscribed to before me this JlsE!:- day of jfi;r;; =m! A.D. a 7l1.d}u. ~ ... Prothonotary I By: DO-W")) ~. ~ Deputy Sheriff ~-', ,,'." -',-- ,.---'" ,^.- -,-,,~ .. ,"_ '-.h, - ~. _~ 'C,__,_ ".',,"_~," ",-" .. . DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-449 Civil v. JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : 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) 249-6166 DATE: 4/12-1UtV6 / HANDLER, HENNING DE"" ~ Matthew S. Crosby, Esq. 1.0.#69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs '" , ! , " DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2000-449 Civil v. JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Deborah K. Barrick and Amos I. Barrick, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S, Crosby, Esq., and make the within Complaint against the Defendants, Jessica Ellis-Heckman and Kathryn Ellis, as follows: 1. Plaintiff, Deborah K. Barrick, is a competent adult individual currently residing at 2147-B Newville Road, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Amos I. Barrick, is a competent adult individual currently residing at 2147-B Newville Road, Carlisle, Cumberland County, PA 17013. 3. Defendant, Jessica Ellis-Heckman, is a competent adult individual currently residing at 26 State Avenue, Carlisle, Cumberland County, P A 17013. 4, Defendant, Kathryn Ellis, is a competent adult individual currently residing at 1646 Trindle Road, Carlisle, Cumberland County, P A 17013. 5. At all times material hereto, Plaintiff, Deborah K. Barrick, was a passenger in a vehicle owned and operated by Brenda Jumper (hereinafter "Plaintiffs' vehicle"). , _ ,e ",_,"" '-'J ,,~-_ ,_",,_~,_ " " ~. - 1- --'j " 6. At all times material hereto, Defendant, Jessica Ellis-Heckman, was the operator of a 1986 Subaru GL owned by Defendant, Kathryn Ellis (hereinafter "Defendants' vehicle"). 7. On or about February 1, 1998, Plaintiffs' vehicle was stopped for traffic, waiting to exit the parking lot ofthe Capital City Mall in Camp Hill, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendants' vehicle was traveling behind Plaintiffs' vehicle, when suddenly, and without any warning, Defendants' vehicle struck the rear of Plaintiffs' vehicle. 9. As a direct and proximate result of the negligence of the Defendants, Jessica Ellis- Heckman and Kathryn Ellis, the Plaintiff, Deborah K. Barrick, sustained personal injuries. 10. Prior to the above-referenced collision, State Farm Mutual Automobile Insurance Company issued a policy of automobile insurance to Plaintiffs, Deborah K. Barrick and Amos I. Barrick, under which Plaintiffs elected full tort coverage. Said policy was in full force and effect on the date ofthe collision. COUNT I - NEGLIGENCE DEBORAH K. BARRICK v. JESSICA ELLIS-HECKMAN 11. Plaintiff, Deborah K. Barrick, incorporates and makes part of this Complaint paragraphs 1 through 10 above, as ifthe same were set forth fully below. 12. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Deborah K. Barrick, were caused directly and proximately by the negligence of Defendant, Jessica Ellis-Heckman, generally, and more specifically, as set forth below: -2- .- ~ .' ,~ "" ,",',__, I" _ ~"c" ~ '.."I ", -. ..-- " " ", -'''''~ ;" (a) In failing to keep a reasonable lookout for vehicles lawfully exiting the parking lot of the Capital City Mall in Camp Hill, Cumberland County, Pennsylvania; (b) In failing to observe and follow the traffic pace in the parking lot of the Capital City Mall in Camp Hill, Cumberland County, Pennsylvania; (c) In failing to operate said vehicle under proper and adequate control so that she could avoid striking Plaintiffs' vehicle; (d) In failing to operate said vehicle in such a manner so that she could apply her brakes and, consequently, avoid striking Plaintiffs' vehicle; (e) In failing to operate the vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance, in violation of75 Pa.C.S.A. S 3361; (f) In failing to exercise reasonable care in the operation and control of said vehicle, in violation of 75 Pa.C.S.A. S 3714; (g) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist; (h) In failing to properly and adequately observe the traffic conditions then and there existing; and (i) In otherwise driving in a careless manner, in violation of 75 Pa. C.S.A. S 3714. -3- ,~, ." ~ ,~, . ~, .. " ,- -,-.- -- ~ -" -" ,.. ",,'. I ~ tj 13. As a direct and proximate result of the negligence of the Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, sustained personal injuries including, but not limited to, injuries to her neck, back, and shoulder. 14. As a direct and proximate result of the negligence of Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, has been, and will in the future, be hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 15. As a direct and proximate result of negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Deborah K. Barrick, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Deborah K. Barrick, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention. Plaintiff, Deborah K. Barrick, continues to receive treatment and incur expenses for said injuries, and is likely to continue to do so in the future, to her great detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. -4- _'.<_'0 -,,~~ .-.- . -~,. ~. , +'- ,- - - "" ,-~- _, ,"d~ ",,,~_ n ,." cd__ 18. Plaintiff, Deborah K. Barrick, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deborah K. Barrick, seeks damages from the Defendant, Jessica Ellis-Heckman, in an amount in excess of twenty-five thousand and 00/1 00 dollars ($25,000.00), and COUNT II - NEGLIGENCE Ii I' I', i i f , I; ,>; I:' Ii! 1[' IJ ~j I" Iii ijl demands trial by jury. DEBORAH K. BARRICK v. KATHRYN ELLIS 19. Plaintiff, Deborah K. Barrick, incorporates and makes part of this Complaint paragraphs 1 through 18 above, as if the same were set forth fully below. 20. Plaintiff, Deborah K. Barrick, believes and, therefore, avers that Defendant, Jessica Ellis-Heckman, was operating the 1986 Subaru GL with Defendant, Kathryn Ellis' , permission. 23. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, i li H I " ~ II ~ [I ~ I' I ~ I 21. Defendant, Kathryn Ellis, knew, or should have known, that Defendant, Jessica Ellis- Heckman, would be operating her vehicle in a careless and negligent manner. 22. As a direct and proximate result of the negligence of Defendant, Kathryn Ellis, the Plaintiff, Deborah K. Barrick, has suffered personal bodily injury as set forth in full herein. Deborah K. Barrick, were caused directly and proximately by the negligence of Defendant, Kathryn Ellis, generally, and more specifically, as set forth below: (a) In negligently entrusting her vehicle to Defendant, Jessica Ellis-Heckman; -5- " , ^ . ~-j ,,-< ~ " , " ~ (b) In allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle in such a manner as to fail to keep a reasonable lookout for vehicles lawfully exiting the parking lot ofthe Capital City Mall in Camp Hill, Cumberland County, Pennsylvania; (c) In allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle in such a manner as to fail to observe and follow the traffic pace in the parking lot of the Capital City Mall in Camp Hill, Cumberland County, Pennsylvania; (d) In allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle without proper and adequate control; (e) In allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle in such a manner so that she could not apply her brakes in time to avoid striking Plaintiffs' vehicle; (f) In allowing Defendant, Jessica Ellis-Heckman, to operate the vehicle at a speed, and under such control, so she would not be able to stop within the assured clear distance, in violation of75 Pa.C.S.A. S 3361; (g) In allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle without exercising reasonable care in the operation and control of said vehicle, in violation of75 Pa.C.S.A. S 3714; -6- '"-"- ~ ",' ~ ~""" ",,-;,c _ ~,j"<;.' '.,-" ,:_ -~,,', -", (h) In allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle without being continuously alert, so as to perceive any warning of danger that was reasonably likely to exist; (i) In allowing Defendant, JessicaEllis-Heckman, to operate her vehicle without properly and adequately observing the traffic conditions then and there existing; and G) In otherwise allowing Defendant, Jessica Ellis-Heckman, to operate her vehicle in a careless maimer, in violation of75 Pa. C.S.A. S 3714. 24. As a direct and proximate result of the negligence of the Defendant, Kathryn Ellis, the Plaintiff, Deborah K. Barrick, sustained personal injuries including, but not limited to, injuries to her neck, back, and shoulder. 25. As a direct and proximate result ofthe negligence of Defendant, Kathryn Ellis, the Plaintiff, Deborah K. Barrick, has been, and will in the future, be hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 26. As a direct and proximate result of negligence of Defendant, Kathryn Ellis, the Plaintiff, Deborah K. Barrick, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. -7- - < ~ . ~_.. ~- . "~ -~- ---'><"'-'-- 27. As a direct and proximate result of negligence of Defendant, Kathryn Ellis, the Plaintiff, Deborah K. Barrick, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention. Plaintiff, Deborah K. Barrick, continues to receive treatment and incur expenses of said injuries, and is likely continue to do so in the future, to her great detriment and loss. 28. As a direct and proximate result of the negligence of Defendant, Kathryn Ellis, the Plaintiff, Deborah K. Barrick, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 29. Plaintiff, Deborah K. Barrick, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, DeborahK. Barrick, seeks damages from the Defendant, Kathryn Ellis, in an amount in excess of twenty-five thousand and 00/100 dollars ($25,000.00), and demands trial by jury. COUNT III - LOSS OF CONSORTIUM AMOS I. BARRICK v. JESSICA ELLIS-HECKMAN 30. Plaintiff, Amos 1. Barrick, incorporates and makes part ofthis Complaint paragraphs 1 through 29 above, as ifthe same were set forth fully below. 31. As a result ofthe negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Amos 1. Barrick, has suffered a loss of consortium, society, and comfort from his wife, Deborah K. Barrick, and he will continue to suffer a similar loss indefinitely in the future. -8- "0,"', ~, '"' ,[ 32. As a result of the negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Amos 1. Barrick, has been compelled to expend money for his wife's medicine and medical attention, and he will be required to expend money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Amos 1. Barrick, seeks damages from the Defendant, Jessica Ellis- Heckman, in an amount in excess of twenty-five thousand and 001100 dollars ($25,000,00), and demands trial by jury. COUNT IV - LOSS OF CONSORTIUM AMOS I. BARRICK v. KATHRYN ELLIS 33. Plaintiff, Amos 1. Barrick, incorporates and makes part of this Complaint paragraphs I through 32 above, as if the same were set forth fully below. 34. As a result of the negligence of Defendant, Kathryn Ellis, the Plaintiff, Amos 1. Barrick, has suffered a loss of consortium, society, and comfort from his wife, Deborah K. Barrick, and he will continue to suffer a similar loss indefinitely in the future. 35. As a result of the negligence of Defendant, Kathryn Ellis, the Plaintiff, Amos 1. Barrick, has been compelled to expend money for his wife's medicine and medical attention, and he will be required to expend money for the same purposes in the future, to his great detriment and loss. -9- . ~ """ ~~ "~~-".'- -" ,,-, -~, ,'-,~, _.,-~ -'. ''''-0 I WHEREFORE, Plaintiff, Amos 1. Barrick, seeks damages from the Defendant, Kathryn Ellis, in an amount in excess oftwenty-five thousand and 00/100 dollars ($25,000.00), and demands trial by jury. Respectfully submitted, HANDLER, HENNING & ROSENBERG Date:~O By: Matthew S. Crosby, Esquire 1.D. No. 69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiffs -10- .. VERIFICATION PURSUANT TO Pa. R.c.P. No. l024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Affidavit 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: 4f/2fZO()() , " .._~--- , -., -<, V'-~- "" _,' ;,,,.,,,-,"'",,, '..,,,,,..-',,_ .'.>'-.., '._.,,__'" '> _',C _,,~ . I " CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, by sending a copy ofthe same to their counsel of record, John A. Statler, Esq., GOLDBERG, KATZMAN & SHIPMAN, P.C., 319 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268, by United States Mail, regular service, in Harrisburg, Pennsylvania on April 12, 2000. DATE: -41~Z{)oO HANDLER, HENNING :?7RG ~ Matthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs - .-",-,>-" ~- - 1'. . ~ . DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. . : NO. 2000- 44r Civil CIVIL ACTION - LAW JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue two (2) Writs of Summons against each Defendant, both at the following address: 1646 Trindle Rd., Carlisle, P A 17013, and have the Sheriff of Cumberland County serve each Defendant at this address. Respectfully submitted, ING BY: Matthew S. Crosby, Esq. ID No. 69367 319 Market St., P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 DATE: I jZJ /00 Attorneys for Plaintiffs I """", .... . Commonwealth of Pennsylvania County of Cumberland Deborah K. Barrick and Arros 1. Barrick, her husband Court of Common Pleas Y8. No. 2000-449 Civil Term 19____ Jessica Ellis-Heckman and Kathryn Ellis 1646 Trindle Road carlisle, PA 17013 I Civil Action- Law n _____________________________________________ To _ .;r~_f:l.~:j,99__J;;l_J_j_~::ll~S<.Jgw.!l_i!l)!,:t~t!:tJ;:.Y!LJ,;,llis You are hereby notified that Deborah K. Barrick and Arros 1. Barrick, her husbarld --~---------------------------------------------_._----------------------------------------------- the Plaintiff has commenced an action in _____g'!:H_As::t:!-9.n_:_!oi!~________d__________u_______ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long Date ____~~r.!'!~n;:_~:'_~_2illl.Q______ 0______------------------------------------------ . Prothonotary ~~-~ DeputfJIt;;; -........I-. .ill "~~ It - '""""'~, & M'M " i" " ,.., , ~ , H-.Jt:I:I-tjW~ , " f--'Ill ~~ , . I--IPJ. I-' , III "'::s ~ tJ-J>10"'rt , >1 ... OdD . I Ii. IT , f--'''' (Jl (Jl 0 N NI-'-~ W::r In 1-" ~ 00 >1 0 "'woo ~ 'I-" (Jl >-3 1-'- Hill 0 \.Dooc:r~H ,< f--'>1rto ,::r 0 w I C X' :r'o r CDI-"~Ill &?' I "'N.J:l f--'CD en ,>-' - ::s ... -:10 I--'rt. I 0. t>J ... > 0_ -J ,:p' tilf--' f--' >1 '" ~ 0 -Jen" '0 CD f--' ~-& s til fi8 lrt' t>J 1-" ~ j ,I-'- t--':::tll--'Cfl !*~ CD 00 ,0 -.....101--'1 f--' CD 0" '::s o III I-"~ 1-" -J rt'< , f--'o.OOCD !* f--' - : I ... w i 0 :~l CI ex> t>J III 00 :~ ::s ,.0 , ::s 0. I I 0- , 1" I I . , I , I " , ' , , --'-~ -- > ,..'- ,,,;,, ,~-,. c, _'-'_":"'_ _ " _;"_,"'_ 4---""'_;;_'_' __1_"" .',{," ~ , , . JohnA. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717)234-4161 Attorney for Defendants DEBORAH K BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION -LAW v. : NO. 2000-449 CIVIL TERM JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on March 30, 2000, and served on the date reflected in the attached Certificate of Service. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: D~~ Attorney LD. No. 43812 320 Market Street P. O. Box 1268 I1arrisburg,PA 17108-1268 Telephone: (717) 234-4161 DATE: 3/-5/! 00 Counsel for Defendants . -,' ~ ",-; ~ ".,', '-<.'''"-'' -,-,:",~,;..,'. " .'~, -'"-;'~ , " ,. , . John A. Statler, Esquire Atrorn.ey 1. D. No. 43812 GOLDBERG, KATZMAN & SlDPMAN, p.e. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 2000-449 CIVIL TERM JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on March 30,2000, upon counsel for Plaintiffs, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first- class postage prepaid on the 31" day of March, 2000, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.e. BYU~ Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendants ~-- .<', ,--- ",', ~ ",-'~' i"','~'" " < < ,,' ;~; < . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at s..\.- Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of Mp-v~ 2000, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY.~ John A. tatler, Esquire Attorney 1 D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants .,;,. .."""""""",, ','.-P , . (} c.) (:) ~..;; c;,) '" s~ "'" u ~ ,:t "" -!J m ;~.J r'-- Z , " z ~j VJ " C,--, '. , ~, ;'.=- C) r::: ,. -r) "--.. ~~C) '~,j ."'-~ ~(--) ~_;jrn :;'">2:.: ::::~l Z 0, ,,:) -4 ...., --':;.. -< -, .~ , John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, p.e. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 -",...-. -,' .~" ," ,,-,- _J 'W,"---.:."v,-~_" '. ". .' I-'.~ '_M '.,>, . < , Attorney for Defendants DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs v. JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 2000-449 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiffs, Deborah K. Barrick and Amos I. Barrick, to file a Complaint within twenty (20) days or suffer a judgment non ~ sea. reg. DATE: S h. '1 /00 41709.1 GOLDBERG, KATZMAN & SHIPMAN, P.e. By: John A. atler, Esquire Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendants ,"V' _ '''.- "~ 1-. ,,'=',"', ,~- ,..; -,,- " , ,.----,-- , , RULE TO PLAINTIFFS, DEBORAH K. BARRICK and AMOS L BARRICK: You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or judgment non pros will be entered against you. DATE: fYbarJ... .::(O/.;l.COO fi(L:b) 2~ fp OTHONOTARY ~ '-0" "-I ^'~ ,~. ~ ,'" " , " . ~ . _K',_ ~" I . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 2-1"V1..dayof M ~ 2000, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY~~~.. John A. Statler, Esquire Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants . 0 0 (" C- O .~ -q <' :;:: lJ tv .,),,. r;-l r" :':;0 -~:-: :z: :J ~ Zr- G) I'!,! U?~";:~ a , C'J ;:s c~ c~r1..J <- ::s , ., )>c, ...." 2" ,,..- --. ~;?('j ""--:-:::.'-~ ::.,,) g in .P'c: Z :,.) --/ 5-"7 -< CO -< b;. ""< . ,-', -,~- ;-- -/"'0 ,,' _O"~___~___' c' ','"_,', ~__'_ , .-',,, John A. Statler, Esquire Attorney 1. D. No. 43812 GOIJ)BERG, KATZMAN & SIDPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg,PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 2000-449 CIVll.. TERM JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : JURY TRIAL DEMANDED PRAECIPE TO mE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance ofJohn A. Statler, Esquire of Goldberg, Katzman and Shipman, P.C. as attorneys for Defendants Jessica Ellis-Heckman and Kathryn Ellis. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John A. atler, Esquire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 DATE: 3/2....,,/ 1M 41706.1 Attorneys for Defendants "~'- - ""~ '-, '~"",'---~ ",'-~- .>",;,'", ,',~ "- 'J . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at '>Y\ Harrisburg, Pennsylvania, with first-class postage prepaid on the 21 day of M ~ 2000, addressed to the following: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. ByD~." Attorney 1. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants --1.11'"' - _,:';';';~..o,;_J' . "-;;,,,- L - '" L <. 0 0 n c:: C::J -n <, ::t -0 (i'~ ',"," m ~_'::-':1 .-;. ::J_'} ~- L:) .." Z r- S2 'i~- C) '-~ , , ~) ~{":::"" ., ~-':J " :2: (1 -','~ <.)-;;.~ ~{~) ._-~ l.. J >-1= S'? cFn z ."'-1 ~ (,.) ~ 0:> "< "" -,," '~---, "'"~~'-<L--"..."c~ '-h.;' ,,,,,,- ,- ~-_;""." ^" .~....,-''''- '''.'',";"-,,,,"__-,-,_,~',,;I',,;,,_. ,.-",_"'~",'i . . DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-449 Civil v. JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : 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 and Plaintiffs' First Request for Production of Documents Propounded Upon Defendant were served on the Defendants, JESSICA ELLlS- HECKMAN and KATHRYN ELLIS, respectively, by sending a copy of the same to their counsel of record, John A. Statler, Esq., GOLDBERG, KATZMAN & SHIPMAN, P.C., 319 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268, by United States Mail, regular service, in Harrisburg, Pennsylvania on April 12, 2000. DATE: 4//217/)((/(/ I I B Matthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs " " ,,--',,- '''~ --" ~,' _'--'=...'--,~,-~__" ",.., ',_, I " -;:1 ". '. ;. .' DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-449 Civil v. JESSICA ELLIS-HECKMAN and KATHRYN ELLIS, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED STIPULATION OF THE PARTIES AND NOW, comes the Plaintiffs, Deborah K. Barrick and Amos I. Barrick and the Defendants, Jessica Ellis-Heckman and Kathryn Ellis, by and through their respective counsel, Matthew S. Crosby, Esq., and John A. Statler, Esq., who do hereby stipulate and agree that Defendant, Kathryn Ellis, be stricken as a Defendant in this matter and that the new caption shall read: Deborah K. Barrick and Amos I. Barrick, her husband, Plaintiffs vs. Jessica Ellis-Heckman, Defendant IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this 17~ay Of~, 2000. GOLDBERG, KATZMAN & SHIPMAN, P.C. .y~-0- John A. St er, Esq. Supreme Ct. ID #43812 320 Market St., P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants BY: Matthew S. Crosby, Esq. Supreme Ct. ID# 69367 319 Market St., P.O. Box 1177 Harrisburg, PA 17108 117 -238-2000 Attorneys for Plaintiffs p -- ~ -,- .~- ',_. ~ _ -,' .~_', _ "";".,,,,'--.r. w:.,_',~~~ ,~:' '__'>"_"'_"_",",-oV;-"';'_; .'- '"' 1 - ~;~'''';I DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2000-449 Civil v. JESSICA ELLIS-HECKMAN, Defendant 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) 249-6166 Matthew S. Crosby, Esq. 1.0.#69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 DATE: 1jz-120CO Attorneys for Plaintiff _c_". ,-,~, ,.,=~~,-"~, 'A'- ''',.'1.-. ,.",.,'_ ..',<,".0,_., ''''__<;'_""..k~..-_,,,,,~",,,-_, ,'", DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2000-449 Civil v. n:SSICA ELLIS-HECKMAN, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, come the Plaintiffs, Deborah K. Barrick and Amos 1. Barrick, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and make the within Complaint against the Defendant, Jessica Ellis-Heckman, as follows: 1. Plaintiff, Deborah K. Barrick, is a competent adult individual currently residing at 2l47-B Newville Road, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Amos L Barrick, is a competent adult individual currently residing at 2l47-B Newville Road, Carlisle, Cumberland County, P A 17013. 3, Defendant, Jessica Ellis-Heckman, is a competent adult individual currently residing at 26 State Avenue, Carlisle, Cumberland County, PA 17013. 4. At all times material hereto, Plaintiff, Deborah K. Barrick, was a passenger in a vehicle owned and operated by Brenda Jumper (hereinafter "Plaintiffs' vehicle"). 5. At all times material hereto, Defendant, Jessica Ellis-Heckman, was the operator of a 1986 Subaru GL owned by Kathryn Ellis (hereinafter "Defendant's vehicle"). -1- , ..,-.-. , .-,," - - - ,"--" " . -~ ,-."'_ _ _:;~ __,_,;'v_.,..__, <,,,,, ,co"~,:;;', " ,~,' ' - , ;,;?.,;;",;:;,.~;:,-~, , .'" _'0/, 6. On or about February I, 1998, Plaintiffs' vehicle was stopped for traffic, waiting to exit the parking lot of the Capital City Mall in Camp Hill, Cumberland COlmty, Pennsylvania. 7. At approximately the same time and place, Defendant's vehicle was traveling behind Plaintiffs' vehicle, when suddenly, and without any warning, Defendant's vehicle struck the rear of Plaintiffs' vehicle. 8. As a direct and proximate result of the negligence of the Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, sustained personal injuries. 9. Prior to the above-referenced collision, State Farm Mutual Automobile Insurance Company issued a policy of automobile insurance to Plaintiffs, Deborah K. Barrick and Amos 1. Barrick, under which Plaintiffs elected full tort coverage. Said policy was in full force and effect on the date of the collision. COUNT I - NEGLIGENCE DEBORAH K. BARRICK v. JESSICA ELLIS-HECKMAN 10. Plaintiff, Deborah K. Barrick, incorporates and makes part of this Complaint paragraphs I through 9 above, as if the same were set forth fully below. II. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Deborah K. Barrick, were caused directly and proximately by the negligence of Defendant, Jessica Ellis-Heckman, generally, and more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully exiting the parking lot of the Capital City Mall in Camp Hill, Cumberland County, Pennsylvania; -2- ,-,- .',," ,- " -"' ~_. -A:."r,;;''''-__'~ "~-~~,' ,-,,-/..-._,,-:':"', :"" -" c-'"h:_'",,_~_//,x , , l--, :-,-;~: (b) In failing to observe and follow the traffic pace in the parking lot of the Capital City Mall in Camp Hill, Cumberland County, Pennsylvania; (c) In failing to operate said vehicle under proper and adequate control so that she could avoid striking Plaintiffs' vehicle; (d) In failing to operate said vehicle in such a manner so that she could apply her brakes and, consequently, avoid striking Plaintiffs' vehicle; (e) In failing to operate the vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance, in violation of75 Pa,C.S,A. S 3361; (f) In failing to exercise reasonable care in the operation and control of said vehicle, in violation of75 Pa,C.SA S 3714; (g) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist; (h) In failing to properly and adequately observe the traffic conditions then and there existing; and (i) In otherwise driving in a careless manner, in violation of 75 Pa. C.S.A. S 3714. 12. As a direct and proximate result of the negligence of the Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, sustained personal injuries to: her left shoulder, including left rotator-cuff tendinitis, with impingement; neck, including connective tissue damage to the cervical paraspinal muscle area; left trapezius; and left proximallettisimus dorsi muscle areas. -3- J_, ,-,:". - ;-'.A"""_"_",:,_-~-;".;,"- ,.~, '", -,'c', "",_~ . -,~ - ""- ;,--~, '"-";''';-';<<-"~ -';'" '0.1<; I "'"' _;,~_-: :'~i 13. As a direct and proximate result of the negligence of Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, has been, and will in the future, be hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 14. As a direct and proximate result of negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Deborah K. Barrick, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Deborah K. Barrick, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention. Plaintiff, Deborah K. Barrick, continues to receive treatment and incur expenses for said injuries, and is likely to continue to do so in the future, to her great detriment and loss. 16. As a direct and proximate result of the negligence of Defendant, Jessica Ellis- Heckman, the Plaintiff, Deborah K. Barrick, has suffered a loss of life's. pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 17. Plaintiff, Deborah K. Barrick, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deborah K. Barrick, seeks damages from the Defendant, Jessica Ellis-Heckman, in an amount in excess of twenty-five thousand and 00/1 00 dollars ($25,000.00), and demands trial by jury. -4- 'c-.--' ,,~ "- -><" ,- "', r~,' c..:" "';"e.'-""" ".,-', .,.,-.-, ,-, .',;,,-,. "..-~'. '.'. ,,: '--<-: " COUNT II - LOSS OF CONSORTIUM AMOS I. BARRICK v. JESSICA ELLIS-HECKMAN 18. Plaintiff, Amos 1. Barrick, incorporates and makes part of this Complaint paragraphs 1 through 17 above, as if the same were set forth fully below. 19. As a result of the negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Amos 1. Barrick, has suffered a loss of consortium, society, and comfort from his wife, Deborah K. Barrick, and he will continue to suffer a similar loss indefinitely in the future, 20. As a result of the negligence of Defendant, Jessica Ellis-Heckman, the Plaintiff, Amos 1. Barrick, has been compelled to expend money for his wife's medicine and medical attention, and he will be required to expend money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Amos 1. Barrick, seeks damages from the Defendant, Jessica Ellis- Heckman, in an amount in excess of twenty-five thousand and 001100 dollars ($25,000.00), and demands trial by jury. Respectfully submitted, ENNING & ROSENBERG Date: By: Matthew S. Crosby, Esquire 1.D. No. 69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 -5- ,',," "~,,",',,,". "'-'''''''",~.~,,,-,,,,,.--.-<,.,,,-- ''''''~,,*, ._"'",_,~"," "'-""Oi'''-'''.' ;'--"-,, ,'I, VERIFICATION THE UNDERSIGNED hereby verifY that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language ofthe above-named document is of counsel and not of our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252( d), relating to unsworn falsification to authorities. DATE: 'I/.J-~/ ;woo JQJ~ k ;2~ DEBORAH K. BARRICK ~~ci ~hL:jj AMOS I. BARRICK ~-, "'" . .'V-'" -0.', ,~ '.';r.. " "--'.'".,- ., .:__oO;'i"';-":.,,;~,~" ~"',.i.:i'.'--~-J ",..J CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, JESSICA ELLIS-HECKMAN, by sending a copy of the same to their counsel of record, John A. Statler, Esq., GOLDBERG, KATZMAN & SHIPMAN, P.C., 319 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268, by United States Mail, regular service, in Harrisburg, Pennsylvania on April 27, 2000. HANDLER, HENNING and ENBERG a thew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs DATE: 1jz, 7/2a(1) I "~ , ,[ -- -,,~, '"\ ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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. b \L JJ:JL DATE: 05/01/2000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176965 25672-LOl ~' -;: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATT!IEW S. CROSBY, ESQUIRE KCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 04/10/2000 KCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-118820 25672-COl ~" . ~ "~ >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ~~':: PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-llBB20 2. 5672. - C 0 1 - "" "",, "<J COMMONWEAL ni OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURGEONS OF CENTRAL PA, LTD. (Name of Pe,nion or Entity) Within t'n'enty (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 STREET SUITE BOO PHILADELPHIA 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. ]f 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 FOLLOV\'ING PERSON: ~AME: JOHN STATLER, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHO~E: (215) 246-0900 SUPREME COURT ID #: ATTOR:-.iEY FOR: THE DEFENDANT DATE: QPi\'A \) ~h) -+" I 90CD BYT Seal of the Court r ,"_ ,'c-_ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURGEONS OF CENTRAL OF CENTRAL PENNA. 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 25672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUIO-243030 .2 567.2 - L 0 1 -""--,-,,I <,' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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: 05/01/2000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176966 25672-L02 -- ~ I ~ '"j COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE ~ATTER OF: COURT OF COMMON PLEAS DEBO~~ K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/10/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-H8820 25672-COl -- >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL j,^ PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING r. THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-ll8820 2. 5672. - C 0 1 'I I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after sen'ice of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA 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 FOLLO\VING PERSON: JOHN STATLER, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT 10 Ii: A TIORNEY FOR: THE DEFENDANT NAME: ADDRESS: DATE: ~ 5~", '~..DC::cJ Prothonotary/Clerk. Ch'i! ivision \ DAD-. \\;\t~\VIcLr\1\- ( ~. Deputy Seal of the Court - '-'. - .,1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER 4665TRINDLEROAD MECHANICSBURG, PA 17055 RE: 25672 DEBORAH BARRICK MRI FILMS OF LEFf SHOULDER, 2116/96 AND 4/10/98 Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUIO-243032 Z567Z-LOZ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: ZOOO-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JOHN STATLER, ESQ. defendant 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, (Z) A copy of the notice of intent, including the proposed subpoena, is attached to the 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: 05/01/Z000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176967 25672-L03 - . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DEBO~~q K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HEC~~. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (ZO) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.Z4. 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: 04/10/Z000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (ZI5) 246-0900 DEOZ-ll8820 25672-COl =" - - >>> LOCATION LIST <<< pgCORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL I ^ , ~^'li.; PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTlC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-ll8820 25672 - C 0 l. ~'I COMMO!\rwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DRS. HOUGH & WILLARD (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 STREET SUITE 800 PHILADELPHIA 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 FOLLOyl,'ING PERSON: NAME: JOHN STATLER, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHO:-lE: (215) 246-0900 SUPREME COURT ID it: ATTORNEY FOR: THE DEFENDANT DATE: Q~ 5.;.h a.o..J\..~ \ I BY T~E iC,~~}!) ~ . t\)f\~ -- Prothonotary/Clerk. Civil Di . ion \~~)U. \\\~\-;\o..\\nC~ Deputy Seal of the Court - .,-. l ""-ta:.; EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. HOUGH AND WILLARD 49 BROOKWOOD AVENUE CARLISLE, P A 17013 RE: 25672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUlO-243034 25672-L03 ..- < " - - ." ~. ~. .. -,", CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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: 05/01/2000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176968 25672-L04 - " ~. ~ '~, ',' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE ~~TTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKM}~, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/10/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROuP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-1I8820 25672-COl -- - >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL , ~ . PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES ~ 'I , ~ ~ I' ~ I I I I , , I , I I i I DEOZ-l188Z0 2. 5672. - C 0 :L -- ,-.:, ..:: .1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (Name of Pe~on or Entity) Within h....nty (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 STREET SUITE 800 PHILADELPHIA 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 sef1lice, 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 FOLLOvVING PERSON: JOHN STATLER, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ii: ATTORNEY FOR: NAME: ADDRESS: THE DEFENDANT BY Prothonotary/Oerk. . it Division <\ ',\(""'0>\~\\\C\-:'<'\ ~ Deputy DATE: ~\) 5.iU ) QCro Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE P.O. BOX 850 HERSHEY, P A 17033 RE:25672 DEBORAH BARRICK Any and aU records, correspondence, files and memorandnms, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVllLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUlO-243036 25672-L04 - ~.', ;i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F IN TUE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: ZOOO-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.ZZ MCS on behalf of JOHN STATLER, ESQ. defendant 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 suhpoena is sought to be served, (Z) A copy of the notice of intent, including the proposed subpoena, is attached to the 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: 05/0I/ZOOO JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176969 25672-L05 - ~. ^' -""J, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE P~~TTER OF: COURT OF ,COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKP_~" ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/10/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-HBB20 Z567Z-COl ~-, - >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-H8820 25672 - C O::L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PHYSICIANS OF REHABILITATION MEDICINE, P.C. (Name of Person or Entity) Within ffi'enty (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 STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate or 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 sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\^nNG PERSON: NAME: ADDRESS: JOHN STATLER, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID II: ATTOR:-.IEYFOR: THE DEFENDANT DATE: Of A; Q ,~..... :l.OCD I BYTJ;IE CO~RT;,\ \ \ i \ .~ tv? f(.. \.A)(\C'~ -- Prothonotary/Clerk,. 'vii Division \.. .\..:,Q \'V\t;.lt,IV'\(iJilV--S}.-k . Deputy Seal of the Court ,~-- . ~ '-" . I. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHYSICIAN OF REHAB. 175 LANCASTER BLVD. P.O. BOX 2028 MECHANICSBURG, PA 17055 RE: 75672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUlO-243038 2S672-LOS " ... ~ [ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: ZOOO-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.ZZ MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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: 05/01/Z000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176970 25672-L06 -'--- ~ L ~," ,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/10/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-ll8820 25672 - C 0 1 ." >>> LOCATION LIST <<< RECORDS REQUESTED Hr:DICAL OTHER MEDICAL Hr:DICAL Hr:DICAL MEDICAL MEDICAL MEDICAL MEDICAL ,"" - '" ~~ PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-118820 2567Z-COl "-"~- '1 I , ~- - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK HIH VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PENNSYLVANIA (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 STREET SUITE 800 PHILADELPHIA 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 FOLLOINING PERSON: JOHN STATLER, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHO~E: (215) 246-0900 SUPREME COURT ID #: AITOR~EY FOR: SAME: ADDRESS: THE DEFENDANT DATE: Ct", 1'.', \:) _S ~()CD \ I BY Tl;(E CO~R~ "- \ \ ~ ,~,_ ') 'I< . 'u:,1\D. Prothonotary/Clerk.. Ci~l Division \N'\.(J. \;\i\\;;)~'\N....V\,--Dr~ Deputy Seal of the Court " ~ , . ~ -~,' . ", "- 'j, ,--I--~" ~""",j EXPLANATION OF REQUIRED RECORDS TO: CUSTODlANOF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PENNA 875 POPLAR CHRUCH ROAD CAMP HILL, PA 17011 RE: 25672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten ootes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARliSLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUlO-243040 25672-L06 ,~~~. ~ , L " -". _ ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECRMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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: 0510112000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176971 25n7?_T.07 ._~ .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DEBOPJili K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/10/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT cc: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROuP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-118820 25672- C 0 1 >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL - ..;...."..)~" -"'~;! PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-118820 25672-COl - , " ,,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND i I I :j I DEBORAH K. BARRICK & AMOS I. BARRICK HIH VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING & THERAPUTIC ASSOCIATES, 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: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA 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 ad\'ance, 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 sef\'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\.'VING PERSON: NAME: JOHN STATLER, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID Ii: A TIORNEY FOR: THE DEFENDANT DATE: ~". Q S-\\t, d.-u:>c> , Prothonotary/Cler Civil Division \ '-~ 1\;\~'Y\(\r\i\. '-.:~ Deputy . Seal of the Court ., . ,~" -'" ~ > I ~ " EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING & THERAPUTIC 3508 TRINDLE ROAD CAMP HILL, PA 17011 RE:25672 DEBORAH BARRICK INCLUDE ARTHROGRAM FILM OF LEFT SHOULDER - 4/20/98 Any and all rccords, correspondence, files and memorandums, handwrittcn notes, billing and paymcnt records, relating to any examination, consultation, carc or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARliSLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SU10-243042 2S672-L07 " " ~, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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: 05/01/2000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176972 ?567?-T.OR - .. ~}'.: COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA IN THE V~TTER OF: COURT OF COMMON PLEAS DE30PJlli K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HEC~~, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/l0/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROuP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-118820 2567 2-COl -"-~.~ >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL . ",-,-,b.. ..........L PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-1l8820 25672-COl 1--.,- ~I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000~449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS (Name of Person or Entity) il , II Ii I' I I II II I II II I SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL & HEALTH SERVICES 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 STREET SUITE 800 PHILADELPHIA 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 FOLLOV,'ING PERSON: JOHN STATLER, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT lD II: AITOR:-iEY FOR: !\AME: ADDRESS: THE DEFENDANT DATE: Qil.A~ Q Slh . ~DCD \..;&Q_-'\~ \l~'" l U\ 1\ Deputy D~ D Seal of the Court ~~~ ~*i EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET P.O. BOX 310 CARLISLE, PA 17013 RE: 25672 DEBORAH BARRICK INCLUDE RECORDS OF PAIN CLINIC Any and all records, correspondence, files and memorandums, handwritten notes, relating to any cxamination, consultation care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARliSLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUlO-243044 25672-Loa -" " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECRMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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: 05/01/2000 JOHN STATLER, ESQ. Attorney for DEFENDANT DEll-176973 2S672-L09 <. ,. ~ r- 'oj COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DEBOPJili K. AND AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKP~, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: MATTHEW S. CROSBY. ESQUIRE MCS on behalf of JOHN STATLER, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 04/10/2000 MCS on behalf of JOHN STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-118820 2S672-COl - J. < >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL OTHER MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL _l........__, PAGE: 1 LOCATION NAME ORTHOPEDIC SURGEONS OF CENTRAL MAGNETIC IMAGING CENTER DR. HOUGH AND WILLARD HERSHEY MEDICAL CENTER PHYSICIAN OF REHAB. ORTHOPEDIC INSTITUTE OF PENNA QUANTUM IMAGING & THERAPUTIC CARLISLE HOSPITAL FRANCO PSYCHOLOGY ASSOCIATES DE02-118820 2S 6 72-COl =u ...._~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. BARRICK & AMOS I. BARRICK H/H VS File No. 2000=449 JESSICA ELLIS-HECKMAN & KATHRYN ELLIS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGICAL ASSOCIATES (Name of Person or Entity) Within ffi'enty (20) days after sen'ice of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 160l MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deli,'er 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 ad\.'ance, 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 ~'enty (20) days after its service, the party sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOV\'ING PERSON: JOHN STATLER, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA l7108 TELEPHONE: (2l5) 246-0900 SUPREME COURT lD #: AITOR:-<EY FOR: !\AME: ADDRESS: THE DEFENDANT DATE: C\~" \) !=)-l~1.' Qffj) BY THE rt=.OUR-r:: Q \ _ ~ U!\\ )J) , \__CY{\__C\. Prothonotary/Clerk, Civil Di~ion \~\\\~\{h\0... ~, Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGY ASSOCIATES 26 STATE AVENUE CARLISLE, P A 17013 RE: 25672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. . Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 04-27-1956 SUlO-243046 25672-L09 iIM~)lljmlll>iilil~~i!llili!iltI!lilW;llJI~. ~, ,,--, ="._~'i!~0i4,wks,~..~~il~"""" ~" "w ."" " ~....'---' .~" - 1lilllII:.UIil ~ () 0 c:: 0 0 .::.-'" -" u(ii :JI: ::;:1 mp' :u. 2:i:i -< fl1 :n 2C- , r- ei) '- :~,rn ~5. .J:- "vg ,-~. Q :.c::D ~O ;boo :2,,' '--0 :J:: .O':D Pc:: - 6h{ - 2 :<! .,;- ?i1 to -< . . ..-< .~" ~ - ,~-~ , .'. , ~,~ ~~ - ,'I Ij; " i DEBORAH BARRICK and AMOS BARRICK, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA !!' r Ji l1 v, NO. 2000-449 CIVIL TERM JESSICA ELLIS-HECKMAN Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ij i, i, " j( ~, ~ d Ii I' CERTIFICATE OF SERVICE ~ AND NOW, this ~ day of May, 2000, I hereby certifY that I have served a copy of the within P]aintiffs Answers to Defendant's Interrogatories on the foJJowing by depositing a true and correct copy of the same in the United States mail, postage 11: 1\ I; I' !i: I.' prepaid, addressed to: John Statler, Esquire 320 Market Street POBox 1268 ",,,ri,hm, PA 17100- ' Matthew S. Crosby, Esquire ID # 69367 319 Market Street POBox 1177 HarrisburgPA 17108 717-238-2000 ii: I,:, ~, " I [ ~ I ! I , ~ t i; I: ~'~....,..'""'~'~~ ,~~,~, L-~ ..- ~, '. , ~~--,.' ~~. " ~,~" "I 0 C> 0 c: C> -n :;;: ::x "-I -r)CD ~ ~',~~-i~ rnU] ....: z~...... I ZC;, CO ,i;iCi:' (D<.~~. :~~C) -<~,- ~C -0 ?~~~ ~8 ~ f; orn PC: 0;' "7 ~ :n '~I -< II ; - I ,,_' - , -, ;<_, '-,~ -, " ~~ __ " '_ ,. .'," , DEBORAH BARRICK and AMOS BARRICK, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-449 CIVIL TERM JESSICA ELLIS-HECKMAN Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~day of May, 2000, I hereby certify that I have served a copy of the within Plaintiffs Responses to Defendant's Request for Production of Documents on the following by depositing a true and correct copy of the same in the United States mail, postage prepaid, addressed to: John Statler, Esquire 320 Market Street POBox 1268 IJmri,b~g PA 17108 /J Matthew S. Crosby, Esquire ID # 69367 319 Market Street POBox 1177 HarrisburgPA 17108 717-238-2000 - "" W I...'.... .' !/ 1'1: I' ii- ~f J: rj i~ ~~ l: I'! i ,Ii ,t ~ ~. }j 13 "I 1. ~ I' ,\~ 1, I \~ I' ~: Ii ~:j [1 li ~ " ~ li j' 1 r \; j ! ~ , ! i1 i ! , ~ !: : J ~ ' ."'~ "0 ~'"" 'c"J",,-.~,,~'_;, ",..4.,".' ......." . , " 0 C> 0 c: <::) -,.,. s: :Jl: :'7~:::J "OJ ~ niL!:! -< " f- Z...u I -p'-:l1 0~ -"''1' ':D C) _':_~(J k~" "0 .J:~ P ::,;; o~ "7(; ":->- J =e, 7: 0 Pc -i Z 5:; =<i --' -< -- ..,,~ ,~- %, , ' "" "'-~'" -I" ~ "~'._""'"'''-~ "~';"....l,'", ~"<,',,',' ,,~, - -, '. ~" t~i " r~ '1' ~!' John A Statler, Esquire Attorney 1 D, No, 43812 GOLDBERG, KATZMAN & SHIPMAN, P,C. 320 Market Street p,o. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 ~!' Ii; I' I' :~ , Ii I: !l' DEBORAH K BARRICK and AMOS I BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA i: I' Ii , I~ ~ Ii ~I ~ " ~! UI !!i Attorney for Defendant Jessica Ellis-Heckman : CIVIL ACTION - LAW : NO. 2000-449 CIVIL TERM ;!j j';: v, JESSICA ELLIS-HECKMAN Defendant : JURY TRIAL DEMANDED ~; 1;; 11 1" ~; F 1'1, ~ II! ~1 I 1: I)' i: ;:; + NOTICE TO PLEAD TO: DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs c/o MATTHEW S. CROSBY, ESQUIRE Handler, Henning & Rosenberg 319 Market Street P,O, Box 1177 Harrisburg, PA 17108 Attorney for Plaintiffs YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you, DATE: S lIS /00 GOLDBERG, KATZMAN & SHIPMAN, P.e. By~1 Attorney L D, No, 43812 320 Market Street P,O, Box 1268 Harrishurg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Jessica Ellis-Heckman " ^,.,'" '" - ~"= ' -,,-< - ,~'-' ,,,"--, , "'_n". ,-,,,,_ .. 'o..j,"" .' I _..,' ~' ~ John A Statler, Esquire Attorney I n No, 43812 GOWBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street p,O, Box 1268 Harrisburg,PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Jessica Ellis-Heckman DEBORAH K BARRICK and AMOS 1 BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION -LAW v, : NO. 2000-449 CIVIL TERM JESSICA ELLIS-HECKMAN Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' AMENDED COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Jessica Ellis-Heckman, by her attorneys, Goldberg, Katzman and Shipman, P.C, who file the following Answer Including New Matter in response to the Plaintiffs' Amended Complaint: 1. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material, 2, Denied, After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. j,-" --'tii I~ i~i~ I:' Ii: i::: (\j f<1 ~~ \,~j l~ (I ~ [li ~! ';ll i!.i ~;i III I !1 ,I i'J I, ~ 1,1 11 I" , UJ ~,! ~' : ~:l h. i~] (:i , r! " r, ~: 'I ~ 1:1 Gi 1'1 ~i ~: ::j r.: II ~ ~ 11 ,~, "' _n~> .' ~'" <"'~'" ,,",',., ~ .' ~ .. ~.. ."._--~",,,~ "'<-"""~,, "',"'","<-,~-,--",,,.,, ,;c, '.,~ .f~~' ,," ~-'_ ^" . "_'~;'d'__ I"~. "~, " ii 3, Admitted in part; denied in part, It is admitted that Defendant Jessica Ellis- 4, Denied. After reasonahle investigation, Defendant is without information sufficient f ~ I' f: L l' " f: i,' [; if Heckman is a competent adult individual, It is denied that she currently resides at 26 State Avenue, Carlisle, Cumberland County, Pennsylvania 17013. to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies 'I t 7, Denied as stated, It is admitted that the Defendant's vehicle bumped the rear of '.11 t'i ,'I q !J :i H Ii 1".1 j iJ 1..1 ,. . M ~1 II ~I 1:1' I', lj 11 'I II " 'I II II !, I the same and demands strict proof at time of trial if deemed material, 5, Admitted, 6, Denied, After reasonable investigation, Defendant is without information sufficient to form a helief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. another vehicle near the exit of the parking lot of the Capital City Mallon February 1, 1998, 8, The averments in this paragraph constitute conclusions oflaw to which no response is required, In the event a response is deemed to be required, it is denied that Defendant Jessica Ellis-Heckman was negligent and denied that the Plaintiff suffered any personal injuries as a result of any negligence on the part of the Defendant 2 ,~, v, ~ __ _ ~' _ rl ~ '_" '"~ '.'~'u~ .', _ ~.--"_'-i .~",,' _' _" \..... . '~, Co."",. f"'f I', i~ I' , 9, Denied. After reasonable investigation, Defendant is without information sufficient " r i' ~. 1~ jf re Ii k N' 11' to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material, !~ COUNT I , I: (Negligence) Deborah K. Barrick v. Jessica Ellis-Heckman [ (' 10, Defendant incorporates by reference her answers to the averments in paragraphs 1 a. in failing to keep a reasonahle lookout for vehicles lawfully exiting [ ! II." ;, i w , 'J ~i ! ~ ! (1 ~ ! i I through 9 of the Plaintiff's' Amended Complaint as if set forth at length. 1 L The averments in this paragraph constitute conclusions oflaw to which no response is required, In the event a response is deemed to be required, it is denied that the collision and any injuries to the Plaintiff were caused by any negligence on the part of Defendant Jessica Ellis-Heckman, By way of further answer, it is denied that Defendant Jessica Ellis- Heckman was negligent: the parking lot of the Capital City Mall in Camp Hill, Cumherland County, Pennsylvania; 3 . ,~ ,,","" -~,','="~~'~"'__ "__n>~'~'~ ," ~,-_"- "-'"'- " , ,-,.""" (H l,~! ,!1 , ~' I,:: b. in failing to observe and follow the traffic pace in the parking lot of h fl1 ~i " '1 iJ ;1 Ii ~ . Iii II ii the Capital City Mall; " said vehicle; !; p' ,,)1 ~ !i f,; f11 IJi ~i ~j' I, ~ :,1, I'" ;'! i: ~ ~:ji I';' !:';! ~ " ~~~j Iii! 111 I\! i, ,jl II j 1'1 Ij ~ ~' 'i ! ~ Ii I I .1 II I II c, in failing to operate said vehicle under proper and adequate control so that she could avoid striking Plaintiff's vehicle; d. in failing to operate said vehicle in such a manner so that she could apply her brakes and, consequently, avoid striking Plaintiff's vehicle; e, in failing to operate the vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance; f in failing to exercise reasonable care in the operation and control of g, in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist; h, in failing to properly and adequately observe the traffic conditions then and there existing; and I. in otherwise driving in a careless manner. 12, The averments in this paragraph constitute conclusions ofIaw to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Jessica Ellis-Heckman was negligent and denied that the Plaintiff suffered any personal injuries as a result of any negligence on the part of the Defendant. By way of further answer, Defendant is 4 .,.'" - -<- .~'"',-=-~" ,"~,~ <,~"""_"___''''~_'<'v,.."_.,,,,~ without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries and, therefore, denies the same and demands strict proof at time of trial if deemed material, 13. The averments in this paragraph constitute conclusions oflaw to which no response is required, In the event a response is deemed to be required, it is denied that Defendant Jessica Ellis-Heckman was negligent and denied that the Plaintiff has been, and will in the future, be hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 14, The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Jessica Ellis-Heckman was negligent and denied that the Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss, 15, The averments in this paragraph constitute conclusions oflaw to which no response is required, In the event a response is deemed to be required, it is denied that Defendant Jessica Ellis- Heckman was negligent and denied that the Plaintiff has been compelled, in order to effect a cure for her alleged injuries, to expend money for medicine and medical attention. By way of further answer, Defendant is without information sufficient to form a belief as to the truth 5 . "" ~~':;(~ ,I !i 'I ~I Ii ~I Iii !I II ,:.~ :;;1 f]1 Iii :1 l~i 'I "I ::1 \1 ,'I "~I !~I 1::1 ~;I I \ ~ ; ~!I )11 !!I ,;1 II Iii ~I :;1 II Iii !I i' ,I II I ,I II ~ I. II I i i , i , ^"""'~ - . ~ '>,~~ "- ~-..=""""'-<'- "..,,""~~'.~ "-.','''c''~''''4 _,^'^,'~'.a___< '"j I ! or falsity of the averments concerning the Plaintiff's alleged treatment and expenses and, therefore, denies the same and demands strict proof thereof at time of trial if deemed material, 16, The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to he required, it is denied that Defendant Jessica Ellis-Heckman was negligent and denied that he Plaintiff has suffered a loss oflife's pleasures and will continue to suffer the same in the future to her great detriment and loss, 17, Denied, After reasonahle investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material, WHEREFORE, Defendant Jessica Ellis-Heckman respectfully requests that Count I of the Plaintiffs' Amended Complaint be dismissed and that judgment be entered in favor of Defendant Jessica Ellis-Heckman and against the Plaintiff Deborah K Barrick. 6 ,," ,~'~" '"--'~, "~--'.- '~'-" -,--"-', ,,-,. '"'' V'd",' -~ -"'-, ,.I '<j ~ ,I Ii 11 i! Ii I, 'I I ,I " II " 'I I ~ !i COUNT II (Loss of Consortium) Amos L Barrick v. Jessica Ellis-Heckman 18, Defendant Jessica Ellis-Heckman incorporates by reference her answers to the averments in paragraphs 1 through 17 of the Plaintiffs' Amended Complaint as if set forth at length, 19. The averments in this paragraph constitute conclusions oflaw to which no response is required, In the event a response is deemed to be required, it is denied that Defendant Jessica Ellis-Heckman was negligent and denied that Defendant Amos I. Barrick has suffered a loss of consortium, society and comfort from his wife Deborah K Barrick and will continue to suffer a similar loss in the future as a result of any negligence on the part of Defendant Jessica Ellis-Heckman, 20, The averments in this paragraph constitute conclusions oflaw to which no response is required, In the event a response is deemed to he required, it is denied that Defendant Jessica Ellis-Heckman was negligent. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the 7 _ " '_.' ,,< -~'-'" ,~N "'", "'-, ^ '_h' ,,"-~ '''''-'''-- "',',, ,.~,,' ";0"": ;. Plaintiff's expenses and, therefore, denies the same and demands strict proof at time of trial if deemed material, WHEREFORE, Defendant Jessica Ellis-Heckman respectfully requests that Count II of the Plaintiffs' Amended Complaint be dismissed and that judgment be entered in favor of Defendant Jessica Ellis-Heckman and against the Plaintiff Amos 1 Barrick. NEW MATTER By way of additional answer and reply, Defendant Jessica Ellis-Heckman raises the following new matters: 21. Some or all of the Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa, CSA ~1701, etseq" and especially by ~~1705 and 1722 of that law, 22, Some or all of the Plaintiffs' alleged injuries and medical conditions pre-existed the date of this accident and were not caused or aggravated by this accident 8 ,,1 , 'I I I I I I I I , ,__c _"_'0 .,,~O"_ '=' " '_. C',",-. ~ ,. , . ,~.' I . .;--./ "'" -,,~- --~ -- .,',,',.,,'- ,'. '",",~_' , :""'0' _ -" --'; 1 i i i I , , I I WHEREFORE, Defendant Jessica Ellis-Heckman respectfully requests that judgment be entered in her favor and against the Plaintiffs in this case, Respectfully suhmitted, GOLDBERG, KATZMAN & SHIPMAN, P.e. BY~~~ John A S tIer, Esquire Attorney t D, No, 43812 320 Market Street p, 0, Box 1268 Harrisburg, PA 17108-1268 DATE: S II 'S I (J 0 Attorneys for Defendant Jessica Ellis-Heckman 44106,1 9 ~- - - .,""".~,,^~ ~ '''~ .,,~o-~- " ,." ",. ,':_,"" _' '" . ;'2'~ ....' > . C" ~^~--'.k"-'~' ''--'.' ,., ^'," ~" d;."~j VERIFICATION I, JESSICA ELLIS-HECKMAN, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the hest of my knowledge, information and helief I understand that any false statements herein are made subject to penal ties of 18 Pa, C S. Section 4904, relating to unsworn falsification to authorities, ~i~A fJJ.)h-~ . SICA ELLIS-HECKMAN DATE: S/\ \ 100 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at -""'- M Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of 1) I 2000, addressed to the following: Matthew S, Crosby, Esquire Handler, Henning & Rosenberg 319 Market Street P.O, Box 1177 Harrisburg, P A 171 08 GOLDBERG, KATZMAN & SHIPMAN, P.c. BY.~ John A. tatler, Esquire Attorney 1 D, No, 43812 320 Market Street P,O, Box 1268 Harrishurg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Jessica Ellis-Heckman ".' ,,- "~ - C:1 c:.) (j --n ,.'.... j <lp .'j,'T1 --j~j , ,~ ._,' ~~;?~ <-en C) );! :tJ -< (n '""('1 :11 c:. .. . , ;~ i I:'; , :,: I,,' , i:_: !'; v. NO. 2000-449 CIVIL TERM , Ii !i ~ 1 pi I,ll 11 l i'l ~ jl '~ ,) "1 iil 1)1 DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JESSICA ELLIS-HECKMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MA TIER I' I:' I:, !'!I :,1 ~ il I ,I; 'j l I I I AND NOW, come the Plaintiffs, Deborah K. Barrick and Amos L Barrick, her husband, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S, Crosby, Esq., and answer the Defendant's New Matter as follows: 21, Denied. The allegations contained in Paragraph 21, 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, 22. Denied. The allegations contained in Paragraph 22. 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 22 are conclusions of law, no response is required. -1- >,'-> '_'>',;0""", ,~" '~ " ,~"c~ ;'~."."",-'~, <".,,'L-" 'd ,I . . "'1j i , " ~ ~ If a response is judicially determined to be required, the averments contained therein are specifically denied, WHEREFORE, the Plaintiffs respectfUlly request that this Honorable Court deny Defendant's allegations and enter judgment in favor of the Plaintiffs, DATE: ~\n FotlQ HANDLER, HENNING &R(' By Matthew S. Crosby, Esq. Attorney 1.0. #69367 P.O, Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs ~ -2- -,' ,<,,,_, ^~'s~, '-," "' ~_ _ " ,I . , 1;1: 'ii Iii ~ ~i ;,;! i-'; 1;1 I:: ", Ii ;'1 , i i,i ';1 CERTIFICATE OF SERVICE J "i jj " :$ 'I, " I hereby certify that a true and correct copy of the foregoing was served on the Defendant, JESSICA ELLIS-HECKMAN, by sending a copy of the same to her counsel of record, John A. Statler, Esq., GOLDBERG, KATZMAN & SHIPMAN, P,C" 319 Market St., P.O. Box 1268, Harrisburg, PA 17108-1268, by United States Mail, tc: regular service, in Harrisburg, Pennsylvania on Mayll, 2000. ~ 11 i:: ')1 ~i !j 11' rji ili " '~i ~I ,I ~ ~i V :11 By Matthew S, Crosby, Esq, Attorney 1.0, #69367 P,O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiffs DATE: s b{ VJOO c' ~ _ .~' ,- ,. -' ~" ...- ~- ' - ." -, ' ~' ~ "~'-,-',, '->,....A""""','_.~ ~ '~,'~ """C~', , '" " _ _'~"'"-'",,," _ "'"""'~' '-,,,',_ > ,~.~_ :; ... DEBORAH BARRICK and AMOS BARRICK, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2000-449 JESSICA ELLIS-HECKMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ~ AND NOW, this llfi... day of May, 2000, I hereby certify that I have, on this date, served the within Notice of Deposition, by sending a true and correct copy of same to the attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Jessica Ellis-Heckman c/o John Statler, Esquire 320 Market Street Strawberry Square POBox 1268 HarrisburgPA 17108 HANDLER, HENNING & ROSE G By: afthew S. Crosby, Esquire ID #69367 319 Market Street POBox 1177 HarrisburgPA 17108 (717) 238-2000 Attorneys for P]aintiff oiiI-~ ...", ~ " .'~ c - ~ . - l!') 0 0 ~ 0 .'n ::II: ....." r :t>- :C'T't .~ -< r-tl-- ~- hi w :00 :z 0 0' ~;iQ ,0 "'0 F--H 18 ::II: -,:~?5 w onl ~ .'. ?5 0 N -< "~'0 . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMMON PLEAS DEBORAH K. & AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 , MCS on behalf of JOHN STATLER, ESQ. defendant 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 the 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. DArE: 09/05/2000 ~e~<Q Attorney for DEFENDANT DEll-205091 25672-L10 - "..I~ ~~_i > COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DEBORAH K. & AMOS I. BARRICK TERM, -VS- CASE NO: 2000-449 JESSICA ELLIS-HECKMAN, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. DAVID WAMPLER, M.D. JAY A.. TOWNSEND, M.D. MEDICAL MEDICAL TO: MATTHEW S. CROSBY, ESQUIRE MCS on behalf of JOHN STATLER, 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 af record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records ~y be ordered at your expense by completing the attached counsel card and retuming same to MCS or by contacting our local MCS office. DAT$: 08/14/2000 MCS on behalf of JOHN STATLER, ESQ. Attomey for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-130023 25672-COl - ~ - ~~.1t'" " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. & AMOS I. BARRICK VS File No. 2000-449 JESSICA ELLIS-HECKMAN, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUA:Vf TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. DAVID WAMPLER, M.D. (Name of Person 0:" Entity) Within twenty (20) days after service of this subpoena,. you are orde:-ed by the court to produce the foIJo'n'ing documents or things: SEE ATTACHED at MCS GROUP INC. l60l MA}LXET STREET SLUE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena.. together with the certificate of compliance, to the party making this request at the address listed abO\'e. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this sub;>oena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\NING PERSON: NAME: JOHN STATLER, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX l268 HARRISBURG PA l7l08 TELEPHONE: (215) 246-0900 SUPREME COURT ID iI: ATTOR."IEY FOR: THE DEFENDANT B DATE: arlO! d-..~ Seal of the Court ~ < ............ ~ ,",.n';$": EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID WAMPLER, M.D. ADAMS. CUMBERLAND MED. CTR 3375 CARLISLE ROAD GARDNER, PA 17324 RE: 25672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security #: 184-48-9354 Date of Birth: 64-27"1956 5U10-263022 25672-L10 .'- ~ .......' ~~I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATT~R OF: COURT OF COMMON ?LEAS DEBO~~1 K. & AMOS I. BARRICK TERM, -V5- CASE NO: 2000-4"9 JESSICA ELLIS-HEC~_~~, ET AL NOTICE OF INTENT TO SERVE A' SUBPOENA TO PRODUCE DOCUMENTS DR. DAVID WAMPLER, H.D. JAY A.. TOWNSEND, H.D. MEDICAL MEDICAL TO: MATTHEW S. CROSBY, ESQUIRE HCS on behalf of JOllll STATLER, 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 no objection is made the subpoena may be served pursuant to the ipplicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 08/14/2000 MCS on behalf of JOllll STATLER, ESQ. Attorney for DEFENDANT CC: JOHN STATLER, ESQ. - 22740-923 Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-130023 25672-CO~ ~ ~ - ~_.__H' ~~ .b'"~",, ,'" ~, " , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH K. & AMOS I. BARRICK VS File No. 2000-449 JESSICA ELLIS-HECKMAN, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JAY A. TOWNSEND, M.D. {NoamI: of PeI'50n or Entity} \.Vithin t\-\-'enty (20) days after sen4ice of this subpoena~ ~tOU are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. l60l MARKET STREET SUITE 800 PHILADELPHIA 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 )'ou fail to produce the docume..,ts 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 FOLLO\NING PERSON: NAME: JOHN STATLER. ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX l268 HARRISBURG PA 17108 TELEPHONE: (2lS) 246-0900 SUPREME COURT ID iI: ATIORJ\'EY FOR: THE DEFENDANT DAn;, a It is.<J-'i;O. #rl Seal of the Court . ."""'-',:. I I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAY A.. TOWNSEND, M.D. 100 S. HIGH STREET NEWVIlLE, PA 17241 RE: 25672 DEBORAH BARRICK Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: DEBORAH BARRICK 2147 B NEWVILLE ROAD, CARLISLE, PA 17013 Social Security II: 184-48-9354 Date of Birth: 04-27-1956 SUlO-263024 25672-Lll illiilliiIIIiIid'''' ~ '" ~iIIj ~ ~<~~ -'"' I\tiIlIlilJll"j~I!IIiiil.l.nilM<...4l<l\t{,lf""~>:~~"~ ' ',,< ~~~~ ~~ -" .. o ~ -'-' r;~, ~r> Z:': 0j>-' ~~: --;;;-', -' 5.; ~~' ~-- :2~ =< CJ C:! L/) 'T1 "0 CD -'0 '0 .;:, , J ~'I 1 ...3 --j ,::g 1;-,l "", '- ,~~' -,> =~::J -< . '~?; I:' ~' ,-'- ., PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X for JURY trial at the next term of civil court ( for trial without a jury, .....-.-.---.---------------------------..-.-.--.....-...............----------------------------------------------------_......-._--------------------------------------.--- CAPTION OF CASE (entire caption must be stated in full) (check one) DEBORAY K. BARRICK and AMOS I. BARRICK, Her Husband Assumpsit Trespass Trespass (Motor Vehicle) (X) At l.aw (Plaintiff) (other) vs. JESSICA ELLIS-HECKMAN, The trial list will be called on June 12, 2001 and Trials commence on July 9, 2001 (Defendant) Pretrials will be held on June 20, 2001 (Briefs are due 5 days before pretrials.) vs, (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 449 Civil 2000 :KUX__ Indicate the attorney who will try case for the party who files this praecipe: __~___ John A. Statler, Esquire, Attorney for Defendant Jessica Ellis-He~~n Indicate trial counsel for other parties if known: Matthew S. Crosby, Esquire, Attorney for Plaintiffs This case is ready for trial. Signed: ~~---------- Print Name: John A. Statler, Esquire Date: April 4, 2001 Attorney for: Defenda~t_ , ., ,=,,___~"k',.' .-," ',00 . "".' -'-,~ , . . """:;',..-~-,",.- ,._'n.. ,1._ _,'~",':;.! , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 'I ~ay of ~ 2001, addressed to the following: Matthew S, Crosby, Esquire Handler, Henning & Rosenberg 319 Market Street P.O. Box 1177 Harrisburg, P A 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJ~ Attorney 1 D, No, 43812 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Jessica Ellis-Heckman ;~ -;;.., " C'~'" ~ . ~-- .' .,," " '..- -.'- '"~ 0 C) ,~~';' c: . :;:.... -0 [1 .. !.J n-t r.r .. .~ Z I 7" C':- u---; en -< ~:; .~~:> -t.:; C~; - L- " "," )> ,-' I.~- ;:~ /"," :~0 _U' "--1 -..:. t::::> ..~ " ~ iW,{:$;i DEBOR/\H B,ARRICK ,md. !\I~OS BARRICK, h~r' husband, r"'la [ntiffs IN THE COURT OF COMMON PI.E/5 CUMBERL/,ND COUNTY, ?ENNS'(I.VNjIA. 'I, 1,0, 2000-449 .JESSIC!\ ELLlS.HECKMAi~, [\~tGndant CIVIL .\CTION - Li\W .lUR'( TRIAL DEMAI"DED CERTIFICI.TE OF SER\'ICE 0'\:1} I\I,D ~10W. this ~ day of May, 2001, I hereby certify that a true and cor'rect copy of a Notice of Videotaped Deposition of Dr, Michael Lupinacci was served upon the following by depositing same in the United States Mail. in Harrisburg, Pennsylvania: [Jr. h1ichael Lupinacci '1'75 Lancaster Boulevard ["Iechanicsburg F'I\ 17055 ,John Statler, Esq. GOLDBERG, K!\TZMA.N C'x SHIPMA.I" 320 Market Street PO Boxi268 Harrisburg, P A f7108 HANDLER, HENNING & ~'~OSENBERG .r,>? i / ~,o-...~J::.-,._,---~~~_.~~') ~~1dtthew ~J. Cro~by, Esquire It) it e):0~.')67 ,?,()O UngiesIoown Road f" 0 Box '11'77 Harrisbur0 p A 17108 (7171 2::::,(:'-2000 /\ttorney for PlaIntiff :... ,~ '.. ,. . -,~ o c ~, -0 CD 0)[[1 ~_L' ZT (;;:l~: ~- !<c' )~ .-., z>-< '- '-" -c z -J "'- o ~'-', l..,j -"1 :.1 ..". ;;: -, T o ,'---: .---] {~~~ (-5;~~ ~'---. t";"'j '...j ;:~ :0 -< " ::t;;: N <::> h: " . ,0.,,'_ '. - ~~J _ "'~! DEBORAH K. BARRICK and AMOS I. BARRICK, her husband : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 00-449 CIVIL TERM JESSICA ELLIS-HECKMAN IN RE: ARBITRATION ORDER OF COURT AND NOW, August 20, 2001, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, Lindsay Dare Baird, Esquire, shall be paid the sum of $50.00. By the Court, P.J. Lindsay Dare Baird, Esquire Chairman .;) o(I;~ Court Administrator ~1iiIillii~~u-' 1liliIIaIiII~""llO~l;,llW~o.Jl~" ... ,", ~'. , ~~ I t\ \iINWil,~SNN.2~, , I 'I 'IM'~ ~." fl' ,,'I",n,", A.1X': 'i,--J:,) !, i~\!':.' '-::':)[':,1 l....J . ".(,\1"" 'n gZ :f~ H'v '"~ <~ vll\1 \~; NoVE/.,', ',,," j~, d~'u ~~ r -- ~ ,_ ," - I; , ,~,,~ r " ~ DEBORAH K. BARRICK and AMOS I. BARRICK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-449 CIVIL TERM JESSICA ELLIS-HECKMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER, HENNING & ROSENBERG BY: atthew S. Crosby, Esq. 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Supreme Court ID NO.69367 Attorneys for Plaintiffs DATE: q/~' lol_ I . 0- .... " o ~ ,Jc'".:J;;- m",q ~~': C/) _t' ~f~~- -~ ,)..":>. ~ 20 ;s,:E 2: --I -< -.~ " c> 1 t...... _...J -n U) CTJ -0 N --' ~ ::.i <]::1 l! :'....) ,-