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HomeMy WebLinkAbout02-5237IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ( ) Equity Plaintiff(s) & Addresses ALVANA BROWN, 338 LINCOLN STREET HARRISBURG, PA 17103, Plaintiff ROGER S. HILL 6109 STEPHENS CROSSING MECHANICSBURG, PA 17050, Defendant Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff JOSEPH.J. DIXON E,~Q_UIR E_ 126 STATE STREET HARRISBUR~ 17101 ~T[7) 236-8515 Names/Address/Telephone No. Of Attorney Supreme Court ID No.28290 Date: October 28 2002 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): ROGER S. HILl, YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAiNTiFF(SI HAS/HAVE COJ~IMENCED AN ProthOnotary ~ ~ . ~ Date: October,~T;~,2002 byq~..=~_ ,~?~_ ,. _ ~ _.~ep~.,.~, f-'- ( ) Check here if reverse is issued for additional information. SHERIFF'S RETURN - REGULAR CASE NO: 2002-05237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN ALVANA VS HILL ROGER S CPL. Cumberland County, Pennsylvania, who being duly says, the within WRIT OF SUMMONS was HILL ROGER S TIMOTHY REITZ , Sheriff or Deputy Sheriff of sworn according to law, served upon the DEFENDANT , at 6109 STEPHENS CROSSING at 1627:00 HOURS, on the 6th day of November , 2002 MECHANICSBURG, PA 17050 ROGER S HILL by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ day of v Prothonotary So Answers: R. Thomas Kline 11/07/2002 JOSEPH DIXON ALVANA BROWN, Plaintiff V, ROGER S. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5237 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Roger S. Hill, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this ~day of November, 2002,, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph J. Dixon, Esquire 126 State St. Harrisburg, PA 17101 ALVANA BROWN, Plaintiff V. ROGER S. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5237 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty days or suffer a judgment of non-pros. Respectfully submitted, NEALON & GOVER, P.C. (20) Date: ///~ ~-/~ ? By: Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non-pros. Prothonota~ - ' CERTIFICATE OF SERVICF AND NOW, this~/~day of November, 2002, I hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph J. Dixon, Esquire 126 State St. Harrisburg, PA 17101 Blrl'~ R. Sinnet ,~"Esquire ALVANA BROWN, Plaintiff Vo ROGER S. HILL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-5237 CIVIL TERM : : CIVIL ACTION - LAW : : ARBITRATION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to de:tend 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 OUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthoutse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualguier gueja o ~Llivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Date: Joseph J.~xon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 ALVANA BROWN, Plaintiff V. ROGER S. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-5237 CIVIL TERM : : CIVIL ACTION .- LAW : : ARBITRATION COMPLAINT AND NOW, this 18m day of December, 2002, comes; the Plaintiff, Alvana Brown, by and through her attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows: 1. The Plaintiff is Alvana Brown, an adult individual[ who resides at 338 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013, 2. The Defendant is Roger S. Hill, an adult individual who resides at 6109 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The facts and occurrences herein related took place on or about November 2, 2002, at approximately 8:00 a.m. on the Carlisle Pike at the intersection of Calvary Road in Carlisle, Cumberland County, Pennsylvania. 4. At said time and place, the Plaintiff, Alvana Brown, was operating a 1988 Buick LeSabre sedan, traveling westbound on the Carlisle Pike. The Plaintiff's motor vehicle was stopped at the red light at the intersection of Carlisle Pike and Calvary Road. 5. At said time and place, the Defendant was operating an SUV motor vehicle westbound on the Carlisle Pike in Carlisle, Cumberland County, Pennsylvania. 6. At said time and place, the Defendant's motor velhicle struck the Plaintiff's motor vehicle from the rear in a violent manner causing injuries to the Plaintiff. 7. Said accident, and all damages set forth hereafter sustained by the Plaintiff are a direct and proximate result of the negligence and carelessness of the Defendant, Roger S. Hill, which consists of the following: A. Failure to have his vehicle under such control as to be able to stop within the assured cleared distance ahead; B. Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; C. Failure to travel at a safe speed; D. Failure to apply his brakes in a sufficient time to avoid striking the Brown vehicle; E. Failure to keep a proper watch for traffic on the highway; F. Failure to drive a motor vehicle with due regard fi:~r the highway and traffic conditions which were existing or of which he was or should have been aware; G. Failure to keep proper and adequate control of his motor vehicle. 8. As a result of the incident described herein, the Plaintiff suffered severe and painful personal injuries. The injuries include, but are not limited to: acute cervical strain/sprain; pain on the right side of the head, shoulder pain, neck pain, arm pain, skull pain; mid-back pain and aggravation of cardiac condition. 9. This accident was not in any way caused by the actions or conduct of the Plaintiff. 10. As a result of said accident, the Plaintiff has in tl~e past, and will in the future, continue to undergo great pain and suffering. 11. As a result of the injuries, the Plaintiff has been obliged to receive and undergo medical care and to spend various sums of money and expenses for the injuries. The total amount of these expenses are unascertained at this time. 12. As a result of the injuries, the Plaintiff has suffi~red a permanent diminution in her ability to enjoy life and life's pleasures. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against the Defendant in the amount of Thirty-Five Thousand Dollars ($35,000.00), an amount requiring compulsory arbitration. Respectfully submitted, By: seph J~quire Attomey ID 28290 126 State Street Harrisburg, PA 17101 Date: December 18, 2002 Attorney for Plaintiff VERIFICATION I verify that the statements made in this' Complaint are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. ~4904, relating to unsworn falsificat, i°n to authorities. CERTIFICATE OF SERVICE I, Joseph J. Dixon, Esquire hereby certify that I served a true and correct copy of the foregoing document this day by depositing the same in the United States mail, first class, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed to: NEALON & GROVER, P.C. ATTENTION: BRIAN R. SINNETT, ESQUIRE 2411 NORTH FRONT STREET HARRISBURG, PA 17110 By: Joseph J Dixon, Esquire 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Date: ALVANA BROWN, ' Plaintiff ' V. ROGER S. HILL, ' Defendant : TO: Alvana Brown cio Joseph J. Dixon, Esquire 126 State St. Harrisburg, PA 17101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5237 CIVIL ACTION - LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. Date: By: Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 ALVANA BROWN, ' Plaintiff ' V. ROGER S. HILL, ' Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5237 CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Roger S. Hill, by and through his attorneys Nealon & Gover, P.C., and in response to Plaintiff's Complaint avers the following: 1. Admitted, based on information and belief. 2. Admitted. 3. Admitted. 4. Admitted, based on information and belief. 5. Admitted in part, denied in part. By way of further answer, the Defendant was also stopped at the red light indicated in paragraph four of Plaintiff's Complaint. 6. Denied as stated. By way of further answer, it is admitted that the vehicle operated by the Defendant, Roger Hill, came in contact with the vehicle operated by the Plaintiff, Alvana Brown. All other allegations contained in this paragraph are denied and strict proof of same is demanded at trial. 7. Denied as stated pursuant to Pa.R.C.P. 1029(e). 8. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof of same is demanded at trial. 9. Denied pursuant to Pa.R.C.P. 1029(e). 10.-12. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted in these paragraphs and strict proof of same is demanded at trial. WHEREFORE, Defendant Roger Hill respectfully requests that the Complaint filed against him be dismissed with the cost of this action. NEW MATTER 13. Paragraphs 1 through 12 of Defendant's Answer are incorporated herein by reference thereto. 14. Plaintiff's Complaint is barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant Roger Hill respectfully requests that the Complaint filed against him be dismissed with the cost of this action. Respectfully submitted, Date: /J~¢'~ By: Respectfully submitted, NEALON & GOVER, P.C. Brian R. Sinnett, Esquire Attorney I.D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Roger Hill, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. [}4904 relating to unswom falsification to authorities. Date: Roge~l~lill CERTIFICATE OF SERVICE AND NOW, this ~;~~day of January, 2003, I hereby certify that l have served the foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph J. Dixon, Esquire 126 State St. Harrisburg, PA 17101 Brian R. Sinnet, Esquire ALVANA BROWN, : Plaintiff : V. : ROGER S. HII,L, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5237 CIVIL TERM CIVIL ACTION - LAW ARBITRATION REPLY TO NEW MATTER AND NOW, this 4th day of February, 2003 comes the Plaintiff, Alvana Brown by and through her attorney, Joseph J. Dixon, Esquire who respectfully replies to New Matter as follows: 13. No response required. 14. Denied. Said averment is a conclusion of law which requires no response. To the extent however that a response is required, the Plaintiff's Complaint is not ban'ed in whole or part by the Pennsylvania Motorvehiele Responsibility Act. WHEREFORE, Plaintiff prays this Honorable Court enter judgement against the Defendant in the amount of Thirty-Five Thousand Dollars ($35,000.00), an amount requiring compulsory arbitration. Respectfully Submitted, Date: February 4, 2003 J. lDi~on, Esquire y ID 28290 126 State Street Harrisburg, PA 17101 Attorney for Plaintiff VERIFICATION I verify that the statement made in this0~.~_~9l~ ~ flZ~.~ r~./4~. / t t~'~ , are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Dated: CERTIFICATE OF SERVICE I, Joseph J. Dixon, Esquire hereby certify that I served a tree and correct copy of the foregoing document this day by depositing the same in the United States mail, first class, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed to: NEALON & GROVER, P.C. ATTENTION: BRIAN R. S1NNETT, ESQUIRE 2411 NORTH FRONT STREET HARRISBURG, PA 17110 By: oseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Date: CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSO~ TO RULE 4009.22 IN THE MATTER OF: ALVANA BROWN COURT OF COMMON PLEAS TERM, -VS - CASE NO: 02-5237 HILL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN R. SINNKTT, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/05/2003 .~S On beha~ of~ . BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT DEll-435680 98 906--LO 1 COMMONWEALTH OF PEN~SYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ALVANA BROWN HILL -VS- COURT OF C0}~ON PLEAS TERM, CASE NO: 02-5237 NOTICE OF I1TTENT TO SERVE A SUBPOENA TO PRODUCE DOC~]~qTS ~ FOR DISCO%q~RY PURSD-~/TT TO R~7~E 4009.21 CARLISLE HOSPITAL CARLISLE CARDIOLOGY, INC. BELVEDERE MEDICAL CENTER PENN'S WOOD PHYSICAL THERAPY GEORGE P. BRANSCUM, JR., M.D. JAY CHO, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JOSEPH DIXON, ESQ. MCS on behalf of BRIAN R. SINNETT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2003 CC: BRIAN R. SINNETT, ESQ. PATRICIA HOFFMAN - 02-540 - 1554492817B19 MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET PHILADELPHIA, PA 19103 (215) 246-0900 DE02-235925 98906--CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALVAHA BR0~N : VS : HILL : File No. 02-5237 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009..9.9 TO: CUSTODIAN OF RECORDS FOR; CARLISLE HOSPITAL (Name of Per, on or Entity,) Within twen ,ty 20) davs after service of this subpoena, you areb~]~e~ .~t~ourt to produce the following documents or things: at MCS GROUP INC.. 1601 NAIII~R.T ST.. {800. pNIT.A_ .PA 19103 (Address) You may deliver or ma egible cop es of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BILL~ SIIOIRT~ ESQ. ADDRESE: 2411 NORTIt I~ROI~ ST. BARRESBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: AWFORNE¥ FOR: DEIq~iDAI~ [ - ~ BYTfl'jECO~RT: ~ ~ Z~ Seal of the Cour: (Eft. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 98906 ALVANA BROWN Entire hospital medical file, including but not limited to any artd all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: ALVANA BROWN 338 LINCOLN STREET, CARLISLE, PA 17013 Social Security #: 176-26-1190 Date of Birth: 05-17-1934 SU10-454172 9 8 9 0 6 --LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUA~ TO RULE 4009.22 IN THE MATTER OF: ALVANA BROWN COURT OF COMMON PLEAS TERM, -VS - CASE NO: 02-5237 HILL AS a prerequisite to service of a~subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN R. SINNE~T, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/05/2003 MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT DEll-435681 9 8 90 6 --LO 2 COMMONWEALTH OF PEN~;SYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ALVANA BROWN HILL -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-5237 NOTICE OF II~r~z4T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ANn '~'~(~$ ~R,~tSCO¥~S~Y PURSUANT TO R~ 4009.21 CARLISLE HOSPITAL CARLISLE CARDIOLOGY, INC. BELVEDERE MEDICAL CENTER PENN'S W00D PHYSICAL THERAPY GEORGE P. BRANSCUM, JR., M.D. JAY CHO, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JOSEPH DIX0N, ESQ. MCS on behalf of BRIAN R. SINNETT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2003 CC: BRIAN R. SINNETT, PATRICIA HOFFMAN ESQ. - 02-540 - 1554492817B19 MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-235925 98 906--CO2 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALVAItA BROI~N VS : HILL : File No. 02-5237 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2_~ TO: CUSTODIAN OF RECORDS FOR; CARLISLE CARDIOLOGY (Name of Person or £nti~) Within twenty, (20) days after service of this subpoena, you ares~]~er/~l~urt to produce the following documents or things: at 14CS GROUP INC.. 1601 MARR'RT ST.. ~800. PltT'LA..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 re'quest 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) davs after its se~ice the patty serving this subpoena may seek a court order compelling you to compty witl~t it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BILT~ SII~I'ETT~ ESQ. ADDRESS: 2411 NORTlt FRONT ST. HARRISBURG,PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFI~IDAI~ Seal of the Cour: (E£:'. 7:07) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE CARDIOLOGY, INC. 220 WILSON ST SUITE 210 CARLISLE, PA 17013 RE: 98906 ALVANA BROWN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as m~y be stored in a computer database or otherwise in electronic form, relating to ;my examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: ALVANA BROWN 338 LINCOLN STREET, CARLISLE, PA 17013 Social Security #: 176-26-1190 Date of Birth: 05-17-1934 SU10-454174 98 906--L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ALVANA BROWN COURT OF COMMON PLEAS TERM, -VS - CASE NO: 02-5237 HILL As a prerequisite to se=vice of:a~subpoena for documents and things pursuant to Rule 4009.22 · MCS on behalf of BRIAN R. SINN~TT, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/05/2003 S on behalf ~f AN R. SINNETT, ESQ. Attorney for DEFENDANT DEll-435682 9 8 9 O 6 --LO 3 COMMONWEALTH OF PEN~SYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ALVANA BROWN HILL -VS- COURT 0F COMMON PLEAS TERM, CASE NO: 02-5237 NOTICE OF IN'r~iT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND · ~'r~m~S FOR DISCOVERy p~.~SAN'~, TO .R~]~ 4009.21 CARLISLE HOSPITAL CARLISLE CARDIOLOGY, INC. BELVEDERE MEDICAL CENTER PENN'S W00D PHYSICAL THERAPY GEORGE P. BRANSCUM, JR., M.D. JAY CH0, M.D. MEDICAL REcoRDs ,.MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JOSEPH DIXON, ESQ. MCS on behalf of BRIAN E. SINNETT, ESQ. intends to serve a subpoena identical to the one that is attached to this '~ netl~.e. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2003 CC: BRIAN R. SINNETT, ESQ. PATRICIA HOFFMAN - 02-540 - 1554492817E19 MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET #8OO PHILADELPHIA, PA 19103 (215) 246-0900 D802-235925 9 8 9 O 6--CO 2 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BELVEDERE MEDICAL CENTER 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 98906 ALVANA BROWN Entire medical file, including but not limited to any and all rec. ords, correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored '.ma. computer database or otherwise in electronic form, relating.to any exammauon, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: ALVANA BROWN 338 LINCOLN STREET, CARLISLE, PA 17013 Social Security #: 176-26-1190 Date of Birth: 05-17-1934 SU10-454176 9 8 9 0 6 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ALVANA BROWN HILL -VS - COURT OF COMMON PLEAS TERM, CASE NO: 02-5237 AS a prerequisite to service of a subpoena for documenZs and things pursuant to Rule 4009.22 MCS on behalf of BRIAN R. SINN~TT, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identioal to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/05/2003 MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT DE[1-435683 98 906--LO4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ALVANA BROWN HILL -VS - COURT 0F COMMON PLEAS TERM, CASE N0: 02-5237 ~,uo ~,~ oA~-~3V~Ry PURS~ ~O~ R~J]SE 4009.~ CARLISLE HOSPITAL CARLISLE CARDIOLOGY, INC. BELVEDERE MEDICAL CENTER PENN'S WOOD PHYSICAL THERAPy GEORGE p. BRANScuM, JR., M.D. JAY CH0, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JOSEPH DIXON, ESQ. MCS on behalf of BRIAN R. SINNETT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2003 CC: BRIAN R. SINNETT, PATRICIA HOFFMAN ESQ. - 02-540 - 1554492817E19 Any questions regarding this matter, contact MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-235925 9 8 90 6 --CO 2 AL VA..~IA BROI,/N VS HILL COMMONW'EA L.L_TH OF PENNSYLVANIA COUNTY OF CUMB~R_~ND File No. 02-5237 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THING,'; _FOR DISCOVERY PURSUAN~ RULE 4009.2~ CUSTODIAN OF RECORDS FOR; PENN'S I,/OOD PHYSIC_~L THERAPY (Name of' Person or Entity) Within twen .fy (20) days after service of this subpoena you ares, o~.e following documents or at GR (Address) You may de) ver or mail legib[e copies of the documents or produce things requested by this subpoena, together with the certificate of Compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: . B~R.EAN $II~IETT~ ESQ. ADDRESS: 2411 NORTB FRONT ST. HARRXSBURG, pA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID ATTORNEY FOR: DEFENDANT DATE: Seal or' the Cour: BY T~ COU~T: ~ ¢ D Prolnonotarv/Cierk. ~t ii-~n IErf 7 ~aFl EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN'S WOOD PHYSICAL THERAPY 425 STONEHEDGE DRIVE CARLISLE, PA 17013 RE: 98906 ALVANA BROWN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form. relating to any examination, diagnosis or treatment pertaining to: ' · Da.t? Re. quested: up to and including the present. Sul>ject. ALVANA BROWN 338 LINCOLN STREET, CARLISLE, PA 17013 SDocial Securi!.y #: 176-26-1190 ate of Birth. 05-17-1934 SU10-454178 9 8 9 0 6 --LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ALVANA BROWN COURT OF COMMON PLEAS TERM, -VS- CASE NO: 02-5237 HILL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN R. SINN~TT, ESQ. certifies that --- (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:_008/05/2003 MCS on behalf of BRIAN R. SINNETT, ESQ. Attorney for DEFENDANT DEll-435684 9 8 90 6 --LO 5 COMMONWEALTH OF PEN~NSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ALVANA BROWN HILL -VS- COURT 0F COMMON PLEAS TERM, CASE NO: 02-5237 ......... ~a%-uv~y PUR~II~IN~ RULE 4009.2l AND CARLISLE HOSPITAL CARLISLE CARDIOLOGY, INC. BELVEDERE MEDICAL CENTER PENN'S WOOD PHYSICAL THERAPy GEORGE p. BRANScuM, JR., M.D. JAY CH0, M.D. MEDICAL RECOR~S MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS T0: JOSEPH DIXON, ESQ. MCS on behalf of BRIAN R. SINNETT, ESQ. intends to serve a subpoena identical to the ~ne tha~is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2003 CC: BRIAN R. SINNETT, ESQ. PATRICIA HOFFMAN - 02-540 - 1554492817E19 MCS on behalf of E_~RIAN R. SINNETT, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-235925 9 8 90 6--CO 2 ALVARA BRO~N VS HILL -COMMONI'VEALT____H OF PENNSYLVANIA _COUNTY OF CUM]~E~'~AND File No. 02-5237 TO: SUBPOENA TO PRODUCE DOCI rMENTS OR THING _F. OR DISCOVERY PU RTOZ'V 'fOTU . f, 1,'d5 12; __CUSTODIAN OF RECOIIDfi FOR; GEORG~ BK'~'SCI/M, ~.D. {Name of Per, on or Entity.} Within twenty {20} days after service of this subpoena, you aro~.~e things: ' ' ~l,~DOurt to produce the following documents or at -_~CS ~ 1601 }~s,l~][~T ST.. #800. PIqTI.~A ~ {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 w th it. ' ' . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BRIAN SINNETT~ ESQ. ADDRESS: 2411 NORTIt FRONT ST. ff/IP, RISBURG, pA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DE Fli2~AlqT Seal or' the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEORGE p. BRANSCUM, JR., M.D. 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 98906 ALVANA BROWN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical repons, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating .to any examination, diagnosis or treatment pertaining to: Date. s Re. quested: up to and includin the r Subject. ALVANA BROWN g p esent. _ 338 LINCOLN STREET, CARLISLE, PA 17013 Social Security #: 176-26-1190 Date of Birth: 05-17-1934 SULC-454180 98 9 0 6--LO 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ALVANA BROWN COURT OF COMMON PLEAS TERM, -VS - HILL CASE NO: 02-5237 AS a prerequisite to service of a SUbpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRIAN R. SINN~TT, ESQ. certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3} No obj~=tion 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: 0~8/05/200~ .MCS on behalf of BR~IAN R. SINNETT, ESQ. Attorney ~0r DEFENDANT DEll-435685 9 8 90 6 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND IN THE MATTER OF: ALVANA BROWN HILL -VS - COURT OF COMMON PLEAS TERM, CASE NO: 02-5237 CARLISLE HOSPITAL MEDICAL RECORDs CARLISLE CARDIOLOGY, INC. BELVEDERE MEDICAL CENTER PENN'S HOOD PHYSICAL THERApy GEORGE p. BRANSCUM, JR., M.D. JAY CHO, M.D. MEDICAL RECORDs MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JOSEPH DIXON, ESQ. MCS on behalf of B~RIAN R. SINNETT, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2003 CC: BRIAN R. SINNETT, ESQ. PATRICIA HOFFMAN - 02-540 - 1554492817B19 MCS on behalf of B___RIAN R. SINNETT, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-235925 98 9 O 6--CO 2 ALVANA BROWN VS HILL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMB~{L-~ND File No. 02-5237 TO: SUBPOENA TO PRODUCE DOCUM ~N_T_S OR THINGS -- _FOR DISCOVERY--~URS~T-~O RULE 4009.29 CUSTODIAN OF RIgCORDS FOR; JAY JUN~O CHO, lq.D. (Name of Person or Enti .ty) Within twenty (20) days after service of this subpoena, you ar~ol~]~e~l~C~gf)Ourt to produce the following documents or things: (AddressI 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 re~iuest at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to Comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BR~a,R SIMTT~ it. gQ. ADDRESS: 2411 NOI~TI~ FRONT ST. BARRISBIIRG, pA 17110 TELEPHONE: 215-246-09OO SUPREME COURT ID #: ATTORNEY FOR: DEIrEI~AltT Seal or' the Cour: BY T,'bIE COURT: "x /') rotla°n°tarWClerk- C~visio n (Eft. T/aT) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAY CHO, M.D. REHAB MEDICINE ASSOC. 5124 E. TRINDLE RD. MECHANICSBURG, PA 17055 RE: 98906 ALVANA BROWN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating ph sicians memoranda, handwritten notes ' ,.., ,,..~ _~. _. , Y files, , hist,,~.~ ,mu pnys~ca~ reports, medication/ prescription records, including any and all such items as may be stored in a c.ompute, r database or otherwise in electronic form, relating' to any examination, dmgnos~s or treatment pertaining to: Date. s Re. quested: up to and including the present. Subject. ALVANA BROWN 338 LINCOLN STREET, CARLISLE, PA 17013 Social Security #: 176-26-1190 Date of Birth: 05-17-1934 SU10-455202 9 8 9 0 6 --LO 6 ALVANA BROWN, Plaintiff V. ROGER S. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5237 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCF TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Roger S. Hill, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: [ )'-/(( (I)~ By: M'~cha~ S, F~erg ~u i re Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICF AND NOW, this Il+'.' day of December, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph J. Dixon, Esquire 126 State St. Harrisburg, PA 17101 Michael S. Ferguson, Esquire ALVANA BROWN, Plaintiff ROGER S. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, .~ PENNSYLVANIA No. 02-5237 CIVIL TERM CIVIL ACTION - LAW ARBITRATION PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Joseph J, Dixon, Esquire , counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $~5,000.00. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Brian R. Sinnett, Esquire ofNealon & Gover, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Dated: July 1, 2004 action as prayed for. ORDER OF oseph J. Dixon, esquire Attorney for Plaintiff PA Id No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 COURT ~ 20 ~_,~, in conside~tion~of the foregoing petition, Esq., "~/4~-~'~.' )~~ ~ , Esq., and Esq., are appointed arbitrators in the above captioned By the Court, :?!L :? ALVANA BROWN, Plaintiff, VS. ROGER S. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5237, Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please marktheabove-captioned maEersettled, satisfiedandthedocket discontinued. Date:__ RespectfullY submitted, Joseph J. Dixon, Esquire By:_ Joseph J. Dixon, Esquire Attorney i.D. #28290 126 State Street Harrisburg, PA 17101 (717) 233-8757 i' SEP 20 2004