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Home My WebLink About00-01982 .\ '" DOUGLAS, DOUGLAS & DOUGLAS 27 W. WGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243.1790 J{ WILLIAM P. DOUGLAS. ESQ. Sup,eme Court 1.0.# 37926 GEORGE F. DOUGLAS, III, ESQ. Supreme Court 1.0,# 61886 ~........_................_............m"..""""""""".......................................................,...........................y..........._,................_..~__..._................................................................._"...........................~ ; PAMELA S. SNYDER, i IN THE CoURT OF CoMMON PLEAS a= i 3196 Breezy Point Rd., Apt. 1/2, ! CUMBERLAND CoUNlY PENNSYLVANIA ! McConnellsburg, PA 17233, ' PLAINTIFF ~ I i 2000 - /q2L CIVIL TI3'lM VS ROBERT R. KANEDA, D.O., 8,]5 Poplar Church Road, Camp Hill, PA 17011, QVIL ACTION LAW l......"'...."'..."''''.''''''''''''.''''''''''''..............'''..''''''..'''''''''''''''''''''.P~~~~Q~.,............"'''''''''''''''''''''''''''''''''''''......,....,...........................'''...''''''''''''''''''''''''''''''..''''" To: Curtis R. Long, Prothonotary PRAECIPE Please issue a writ of summons in a civil action against the within-named defendant, Robert R. Kaneda, D.O. Date: March 31, 2000 by DOUGLAS, D ~q. Attorney for the I,. ~ ,-. ,'_ ",_,_ ,___ - ~~ ~-.."''''' !',.1,,' - iifII . ~'6' ,.,."., ,,- "[-, -,-J. ."'-'___kOo."'''Lt"""dkj,O''' '-d",",,-;;I'lfi.(~~_i-'~l'-M , [} s: ::IJca t.!tt..-., <::j-,' <(<' 0-')",,';.-. ;J?: <lj j;: ~? 2" :< In C:> <:::l ~ -,---..,. ::'v '"::> ~~ ~l ::;1 - ,,:$~~ ..;19 c,::):tJ ::-;..(.) I:."-\tf~l ,~ ' S;! ::t:J -<: .h, ~ - Q '. -<) '-' '" ~ ",,-,; '-'If;. '-.J 'w ~. 9...:..I.&J ~ ~ ft .,c. ., ~ --t::. ~ .0 ~ v c::: ~/) r F~ "1 .. "',' ,."",, ...,.....'.........,..... . """ ~, . ~~~~ , ,..N..,,,~,,.,)II!l..,,,. "'~--~~F~,_~~_~I!IllII~_ ""'~'l'~~. '. Commonwealth of Pennsylvania County of Cumberland Pamela S. Snyder 3196 Breezy Point Road, Apt. #2 McConnell$burg, Pa. 17233 Court of COUlmon Pleas VB. No. n2_QQQ:_!982__Ciyil_TeIl1L__unn 19____ Robert R. Kaneda, D. O. 875 Poplar Chruch Road Camp Hill, Pa. 17011 In _ ____ _Ciy_iLktiQ[L-Law_ ___________________ To ___g9P_~~t_F_~_~1l~gJ__Q._rl~______________ You are h..reby notified that I)~~~~_~,--~~g~-------------------------------,-------_________________________________________ the Plaintiff ha s commenced an action in ___l:iviLLaw__n________n______n________n_n___n__ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ._-~!-~~-~~--~?~Si---------------------_______ Prothonotary () (2 ~ Date .M=cb_3J..___________________ lSC2DOO By ___~~_______~_______________ Deputy II ,- ~- , -, - - ,. -- 11< ,'~- ~.~ ".- .,' , " -, - ...'. .. '. IrniIH " I O'U""::O:S' I ~ I " ~. "I"' , 'U I ,.... I-'C: , ::0 ~ , " I-' 0 ::0: I-'tO , a- :"" I ~.. ro 1"0 I-' '0 ro I "" CIl ~ OJ 'I"' ro I-' '0 I ... I-'g'rt CIl i<: :+ OJ '0 I I W ro - ,I"' '0 , , - >: ::r: 'U 'I-' ([l " 1 ,.... 1"" S' , r ::0 :,.... , " 'U "'to ':I> "" , ~ OJ "'::tS'c: 'n ([l 'OJ I 0 .,.... to irt S ~ :"" >' ([lC:1-' 'I"' s! ,.... rt to OJ '0 ::> ;i it 10 " til-'CIl I::> ro ,I"' 8: 0 ro OJ " 0- ti .<: ,.... ro CIl "., 't"' OJ 'I"' ~: w rt- !~ ll-' I ~g I.., ... 0 = . ,ro ,0 to 0 l~ . I-' OJ . , CIl , - '" I I . , ~=~r ~""'" , " _ ,">..~ '<_",""'~ !Iiflllll!IiI~"'Iifl._'~ "~_Ij .,-,., ,. ~~~~~l"""""~,,,,"~ ., ~,,.., _ "'~ III~J~..t[ _" ~_~"""'I"'i"I!lI!Ji SHERIFFIS RETURN - REGULAR CASE NO: 2000-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER PAMELA S VS KANEDA ROBERT R D 0 HA~OLD WEARY , Sheriff or Deputy Sheriff of Cumb~rland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon Kl'NEDA ROBERT R D 0 the , at 0015:26 HOURS, on the 3rd day of April , 2000 DEFENDANT at: 875 POPLAR CHURCH ROAD Cl~P HILL, PA 17011 by handing to KELLY FEARNBAUGH (CO-WORKER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriffls Costs: Docketing Service ],f f idavi t Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~~~~l . Thomas Kline 04/04/2000 DOUGLAS, DOUGLAS & DOUGLAS Sworn and Subscribed to before me this j.:l q;- day of Of'<' 'f! ;L.inn) A . D . ~'-C ~de, /~ Prothonotary , By: ~~~~~ Deputy Sh nff~ ."1_~ ~ !- -, " THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant PAMELA S. SNYDER, Plaintiff v. ROBERT R. KANEDA, D.O., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2000-1982 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Robert R. Kaneda, D.O., in the above- captioned case. "-1. _"_ _':C" ,.,,=_..-,=- "~"~' --.co'," ~;__""_, ..._._~_",~,__,'_' "",.-,,,, ~- _THO ,-- c,_," _ "~ ,~, _>>~.("__ ~_, ~.~_,,_ ,,"< _,'~ 0_."., - > - "r',_ ''"'__''~_' ,~ __~,_ ,>,. ,+ "~ CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certifY that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff Date: QpM) ~ r;)C:I::f:j ~ X,-9rtli~ KATHY SITLER "'--~"~,."" ,.d,!'!''''C .~,_. ~__,~ ~_ __~. -~',M_-"""-""",,,,,~,~,,__,,,'~"'_e"_-,F_,',)_' ...-.-_O""___~'_r__ k" _~_ __,"",,~____~.",-,_,'_'.f' " -',.. ._,____,;". ~ ,,__,~,__ __'_n'_" 1il t, ~_'" --~_ -, ','-.~',,,;~ro:: ,j " , < -.' ".. "__'~_'PL _~~,r ~'''c'',_','' -, "" , ~- ~ v,n, --- "ijiil!i , (') a c) c CJ '11 ;0- ~ uf(~ ",) " rnn- ;-",:.; 2:.::-. 21-:- ci5,):' C) -< r" ~ 5[ J.;'Il., c; >~j'" "".- c' E5 "'- ',_., -- c: ;-1 ~:: 'Co> "< ,- ~D (..J +< ", . -.... ,,-." " , r' ,. THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant PAMELA S. SNYDER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : DOCKET NO. 2000-1982 Civil Term : CIVIL ACTION - LAW ROBERT R. KANEDA, D.O., Defendant : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff in the above-captioned case to file a Complaint within twenty (20) days after service hereof or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP .------ --- ~'- -,}, '---,.,~",,,,".~,," "t'"-; ~<.~"h- ~,,~:: ~CV.'~ :: _-~-<'~"'_" .-"YI"-,Y""_-"'" - - -:~'~:"'" ",",=, - - ~;" - ,~ -n7'l-- " " RULE TO FILE A COMPLAINT TO: Pamela S. Snyder c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street P. O. Box 261 Carlisle,PA 17013 You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or suffer a judgment of non pros. Date: {JptLl L 10 ;).coO , '''''~ ~,_T ,,_=,,~ ,_,;"",_,,,",,_'~j'"'~_I_'."",' _',", _'_-C:'~_-':""" -" ~ ".. ',- """"1'-- e {L,,-k/ I< ~ r6thonotary ',~ "-,- '0 ,.~, ___";-'~ _ _ __ ,"_,_ -, ^'-'--'''''. _ 'N,_'__ ill .' -,.~ '<,.-,.', _<;~_,..;:____.~r-_ -<<'f,-','\' " .,'<, .....,.,,..,~ ,-~ ,,,,..,,. i<". ._",.. _~,._~~~."...""..,., Jl'.,~,~~, ~,-l"~ " ,- ~ C_,_ '-_?~__<,';'b.'~_"(,-. """'''"-~---. ., ~"21. .,. " .. 0 (,::) ,-'. C C:) " :;:: 'Y:7> '"f' [1.1 -"tJ rn rT! :>0 " Z ;) n' ~5;-_:~ <::. ,~ .-<_:: ' , r- C' "-.' <" '!~ .T~ ~ ; ('~) ...,:::. ' ' j;; c: :j r-n c::: ~ -..j Z r:- :;~-. =< ::'1:] ,..:> -< ,~",,'~l!1n!mnl!,I_ )"1. WILLIAMP. DOUGLAS ATIY. LD. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, P A 17013 717-243-1790 ATTORNEY FOR PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CML ACTION - LAW NO. 2000 - 1982 CIVIL TERM JURY TRIAL DEMANDED PAMELA S. SNYDER ROBERT R. KANEDA, D.O. 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 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. Legal Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 DOUGLAS, DOUGLAS & DOUGLAS . Dated: M"(j .2000 By Attorney for Plaintiff 81 .",..>r > "';"'''_>' ".-"C. -',,~' .,.... _,_,1_ !il ~.9~ I, I,' ""I "'I~" """"",,""""'~""'hl'" " ",' ~-"'""''"~~__'''"''''_.<",..e,''''''_'''ro-_', ,"", - fi!VIil~MI!W_Ul_, .~ '.-0 '~~ -~~ ,~~ '--.~ . ", -7~'0"?- ~_" ~r,~ ~ ~ '0" '^'d fo:'"~-" llllj~m; COMPLAINT 1. The plaintiff, Pamela S. Snyder, is an adult individual residing R.D. 1, Box 479B, Apt. B, McConnellsburg, Fulton County, Pennsylvania 17233 2. The defendant, Robert R. Kaneda, D.O., is an adult individual and a physician engaged in the practice of medicine, with a place of business at 875 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about April 14, 1998, the plaintiff was an outpatient at Community General osteopathic Hospital for removal of internal fixation screw and arthroscopic arthrodesis of left ankle by the defendant physician. 4. After scheduled follow-up visits, on October 23, 1998, the plaintiff indicated to the defendant that she continued to have persistent pain around the ankle and had discoloration. Range of motion of her left ankle was markedly restricted, and she had difficulty on ambulation. 5. The plaintiff continued to complain to the defendant of pain with standing, stairs, sitting, walking on uneven surfaces and hills, and felt that her ankle was fused in a downward position. She could not wear shoes unless there were heels on them. 6. During each follow-up visit, the defendant indicated plaintiff was healing well.. 7. On January 28, 1999, plaintiff continued to have pain in the left foot/ ankle and was unable to stand in an upright position due to the incorrect positioning during the surgical procedure performed by the defendant. 8. As a direct and proximate result of the negligence of the defendant, and through no fault of her own, the plaintiff suffered injury. 9. The defendant was negligent in the following respects: (a) in failing to perform the surgery in a professional manner, in that the defendant did not properly fuse the plaintiff's ankle; (b) in knowing that as a result of his negligence in performing the ankle surgery, the plaintiff's ankle would not heal in the proper position, and (c) in falsely representing to plaintiff that her ankle was healing properly. f.i,_ , ~ - ." . .- -"~-'"-' >.~,' -","" ",- -'-"';" ,'~ .- 10. As a direct and proximate result of the negligence of the defendant, the plaintiff was forced to undergo an additional surgical procedure and medical treatment in an attempt to correct her condition. 11. As a direct and proximate result of the defendant's negligence, the plaintiff has suffered and will continue to suffer pain, aggravation, inconvenience and the loss of life's pleasures. 12. As a direct and proximate result of the defendant's negligence, the plaintiff has had to undergo additional medical treatment and expense and may continue to do so in the future. 13. As a direct and proximate result of the negligence of the defendant, plaintiff's economic horizons may be limited. 14. During the surgery on or about April 14, 1998, the defendant was in exclusive control of the operating room in which the surgery took place, of the instrumentalities used during the surgery, and of the procedures employed in the surgery. The nurses assisting defendant were also under defendant's exclusive supervision and control. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff and against the defendants in an amount in excess of that requiring compulsory arbitration under the Local Rules of Court. A jury trial is hereby demanded. DOUGLAS, DOUGLAS & DOUGLAS Dated: M ~ ~q. .2000 By William P. Douglas, Esquire Attorney for Plaintiff "illi -', :,_, ,_~' ':_, _ . ~", ,._N ~ . '. '-"',-' ._ c COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. ~~~}~ Date C;?~~~ Pamela S. Snyder 'ft', ,. .,~-, _ -' -" ,-'" '-,-~," ','H_'._ . --' -", 'I - ~- - -~ -:' TIUl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PETER J. CURRY, ESQUIRE 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 nO,tice 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: 05/18/2000 a~A.~ ESQUIRE Attorney for DEFENDANT DEll-180983 Z7417-LOl "'1. ,,,,,-,.--- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -vs- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS COMMUNITY GEN.OSTEOPATHIC HOSP MEDICAL HERSHEY MEDICAL CENTER MEDICAL TO: WILLIAM P. DOUGLAS, ESQUIRE MCS on behalf of PETER J. CURRY, ESQUIRE 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 retuming same to MCS or by contacting our local MCS office. DATE: 04/28/2000 MCS on behalf of PETER J. CURRY, ESQUIRE Attomey for DEFENDANT CC: PETER J. CURRY, ESQUIRE TIMOTHY SANTOMIERI - SNYDER - SNYDER Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-120408 27417-C02 "'1, ""_ ,'I '-,", COMMONVVEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAMELA S. SNYDER VS File No. 2000-1982 ROBERT R. KANEDA, D.O. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC HOSPITAL (Name of Person or Entity) \'Vithin t';\'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 (Address) PHILADELPHIA PA 19103 You may delive, or mail legible copies of the documents or produce things requested by this subpoena. togethe, with the certificate of compliance. to the party making this ,equest at the address listed above. You have the ,ight to seek. in ad\'ance. the reasonable cost of preparing the c:opies or producing the things sought. If you fail to produce t.he 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'v\'ING PERSON: NAME: PETER J. CURRY, ESQUIRE ADDRESS: 305 N. FRONT STREET, P.O. BOX 999 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID it: AITORNEY FOR: THE DEFENDANT DATE: {)",..".P ;U.. <207JV f BY r~~~~U~TL ~, Prothonotary/~~ri Ci\'il Division q'T' () mJep,~ Deputy Seal of the Court lI,ijlfi""'''',.~ "R. _..~~ ~ -'l'-~ . '. '--'- EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITI GEN.OS1EOPATIIIC HOSP 4300 LONDONBERRY ROAD HARRISBURG, PA 17109 RE: 27417 PAMEIAS. SNYDER Any and all records, correspondence, files and memorandums, handwritten. notes, relating to any examination, consultation care or treatment. Dates Requested: from: APRIL, 1998 to the present. Subject: PAMELA S. SNYDER 3196 BREEZY POINT ROAD, MCCONNELLSBURG, PA 17233 Date of Birth: 05-14-1964 SUlO-245624 27417-LOl -,~~ ,-.0 - ,~, to_ , ,- ~-- ',~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of PETER J. CURRY, ESQUIRE 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: 05/18/2000 PETER J. CURRY, ESQUIRE Attorney for DEFENDANT DEll-180984 27417-L02 ':oJ; -or COMMONWEALTH OF PENNSYLVANIA COuNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS COMMUNITY GEN. OSTEOPATHIC HOSP MEDICAL HERSHEY MEDICAL CENTER MEDICAL TO: >lILLIAM P. DOUGLAS, ESQUIRE MCS on behalf of PETER J. CURRY, ESQUIRE 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: 04/28/2000 MCS on behalf of PETER J. CURRY, ESQUIRE Attorney for DEFENDANT CC: PETER J. CURRY, ESQUIRE TIMOTHY SANTOMIERI - SNYDER - SNYDER Any questions regarding this matter, contact THE MCS GRoUP mc. 1601 MARKET STREET #800 PHILADELPHIA, PA. 19103 (215) 246-0900 1 ,~ DE02-120408 27417-C02 __",C - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAMELA S. SNYDER VS File No. 2000-1982 ROBERT R. KANEDA, D.O. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after setvice of this subpoena. you are ordered by the court to produce the following documents at thin~s' SEE ATTACHED . O. at MCS GROUP INC. 1601 MARKET STREET SUITE 800 (Address) PHILADELPHIA PA 19103 You may delive, or mail legible copies of the documents 0' produce things requested by this subpoena,togethe, 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 ,easonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things ,equired 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 ATTI:IE REQUEST OF THE FOLLOY\'ING PERSON: NAME: PETER J. CURRY, ESQUIRE ADDRESS: 305 N. FRONT STREET, P.O. BOX 999 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID Ii: ATTORNEY FOR: THE DEFENDANT DATE: o,AJ 'f ~;JrnnJ , BY THE COURT: ~ I? ~ ~' Prothonotary/O 1l iviJ Division Q'1'1 0. Jy,dh- .J Deputy Seal of the Court ',,\,~ ~ . ~ -1- . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE P.O. BOX 850 HERSHEY, PA 17033 RE: 27417 PAMEIA S. SNYDER INCLUDING RECORDS OF DR. JUliANO Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: PAMELA S. SNYDER 3196 BREEZY POINT ROAD, MCCONNELLSBURG, PA 17233 Date of Birth: 05-14-1964 SUIO-245626 2.7417-L02. ''FJr_ ".. -~ - '" ~ ,MIlL " V.",_ ,~' -, ., '1' '___r <<''', "j';;'.~-"'--"'---.'~,,,".-, ",-, "--1 ,)'..,-;,,'-[' l1ii. 0 0 0 C" C) " -~ i~- ,,,--' --'"," ~_:j rn iT-] .:?>O .:;;:: ~.T " -< ,''-;;;j 'TI F :;,--- l. 0.) , ,"" ,- , "'> ~~1 0 ~--~ '- ~~~ I 0 - :~::! =+t / '. o~} -. , (") ',-. -.,- ?'"" r:- ;..::) m ..~ --I ---I ):> -< en ::0 -< ~__~~."!!'I'liI1fl'lii!!f.~"" !l.!I!I!liRlmtij~_'~~~~gl$l"': THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant PAMELA S. SNYDER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DOCKET NO. 2000-1982 Civil Term CIVIL ACTION - LAW ROBERT R. KANEDA, D.O., Defendant JURY TRIAL DEMANDED I " 't ;1 II ~ lJ " il !i Ii II '1 fl ~ ij i n ~ ,,' 'Ii :i' (11 ljl :11 ill ii! '\1 :11 j! 'il ANSWER OF DEFENDANT ROBERT R. KANEDA, D.O., TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Robert R. Kaneda, D.O., by and through his attorneys, Thomas, Thomas & Hafer, LLP, to answer the Plaintiffs Complaint as follows: 1.-2. The averments contained in Paragraphs 1 and 2 of Plaintiffs Complaint are admitted. 3.-7. The averments contained in Paragraphs 3 through 7 of Plaintiffs Complaint are denied generally in accordance with and pursuant to Pa. R.C.P. 1029(e). Furthermore, the averments contained in Paragraph 7 of Plaintiffs Complaint also contain conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. ") " " 11' ii :11 .;~ ii ',.:,',1. " '1 ~'I :C;'!!lI .r_' ." ~', "~'~_> ",.,- -. ''r' ,,""'f""~+"'_M_~~' "o,--c:,.,,,-,-\"'-~.,, ","!J" ,'-"-' ,. _, ".. "oN... ."0,_,"'"-" ,~w~ .~. ,'-',- . __;' ,__ .,., "'- . ~""._,"_._;~-,~_.-" . c-- '~,_ 'r'_,",,_.~' - "".' " ,,~ ~ l1 ! i " , ~ ~i ~; ~i 111 ;11 c, 111 ',i ~i ~i !I! \\1 ,q i;! i!l m ';[ \:! Jl d l,.li 'I ~I ~ '1,:;1' " 8. The averments contained in Paragraph 8 of Plaintiffs Complaint set forth conclusions as opposed to statements offact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 9. The averments contained in Paragraph 9 ofPlaintifi's Complaint set forth conclusions as opposed to statements offact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. Furthermore, the Defendants believes and, therefore, avers that at all times relevant hereto, he acted in accordance with the required standards of medical care. 10.-13. The averments contained in Paragraphs 10 through 13 ofPlaintifi's Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 14. The averments contained in Paragraph 14 ofPlaintifi's Complaint are specifically denied as stated and proof thereof is demanded at the time of trial. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiff. Respectfully submitted, .-,-,- R,LLP - ~" ,-' - ".~,"'^ "- ,0"._-''''''-'7,'':,,-:-','').'_''1('''', o;,,__~,_,_'>' ",,-,'; - '._'. ,,_,"., .,,'C ,_.~" ' ',_, -_,,, C'",-,' - - ; +- '.". '",""'"'' -., -, ,- VERIFICATION I, Robert R. Kaneda, D.O., hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties ofPa. C.S. S4904 relating to unsworn falsification to authorities. Date: S -/7- t-o -<~~.~ Robert R. Kaneda, D.O. I; 11 Ii 1 " i: j! Ii ,! ): Ii "1 Ii !I Ii il II )1 I. -ij'" :72412.1 , ~" '~.' ,," _n '.-e'.___ _, ._~~'",-__" ," r-1..-~_'"."_ ",-_,<_, "". ",~-'C .."^__"~",,, _ ,_"_,,,-, ,"7'_,'""- ; "._M",_~' ~,,~c '~"_.-" -I--',"H ,_~ .0'-" "~i "10" T '""' -' '" . .. 'cLc",~C'-"-''''-' ,,,'V_O_,, m.._ _ _ ,x~-__~~ ,~- ., " [1 t! ri ki " I ;. H r! ii ; I II 'I " [1 " " 10, ti i-i fi H r ~ n C'i i i I I , i ij ;1 ~ I ;1 I ":J ! I n q i .~ _, CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy ofthe foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 Attorney for Plaintiff Date: '-fI7~ <YcY, 0000 ~ >;" jddL{ KATHY . SITLER ". ,,--> , "'--',,-- -",--- . ,'~ ,"-' ~ -^.;; c_, - ".' F.",~ _', 'r -"'_'C' '-, -'^ - .,~ , ,.., , - ~-- ,-- -',' ~-- , ~- :--~, .' .'~ '^~", ~ , -.. II!I!"!'L~ ~, , .-! ,'~" , >M';- ~- ",' , ,- -i--~'d(iL~':~iti:'([t.,-;~, <.:'-:'--"i'.-':';:,-- '':'-';1_'--'. / -, -' W _ 13. : m Lt. IDi 'Mlll'""rI_rijI~'ftlP Ttjj'H ::h:'r' '<~-"ri 't:tfl ."'" P'~~~O"'j-"'" o ~.; ~~.,j ~~,S L, D~~~-- ~, ,c. ~~:C) :"""""'- C} C) c) -n :.::! :--.-~p ----,:'T1 ~..~6 ,~~~ ~O -< --;.. ~":.-,~ 1'"") G) -;-'j ....., '.Y' :.n 1" ~ ',' h " ,,,,,~J!! , THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant PAMELA S. SNYDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : DOCKET NO. 2000-1982 Civil Term CIVIL ACTION - LAW ROBERT R. KANEDA, D.O., Defendant JURY TRIAL DEMANDED PRAECIPE TO FILE ORDER OF LIQUIDATION ISSUED BY THE COMMONWEALTH COURT OF PENNSYLVANIA FEBRUARY 1,2002 TO THE PROTHONOTARY: iij Ii! ['1 :'1 Please file of record the attached Order of Liquidation issued by the Commonwealth Court of Pennsylvania February 1, 2002. The party/parties represented by Peter J. Curry, Esquire are insured by PHICO Insurance company and, therefore, the provisions of the Order of "i '-I " Liquidation, including paragraph 24, apply to the above-captioned case. i:'j i~! Dated: February 26, 2002 fiZ1(~ . Peter1. Curry, Sq~ j I I 'i :,1 ,I " 1::1 l' ;~ ,"1 'c;s< ""'-'1-. - , "-.-~ >',".=._'__ -.. " "C ., ~,- .-~" ,-., " , ';""',7'~' .'0 ./_'<'; .,f" -, -',~' - ., _,me p-,,,..' ",,_~ '0_'7_"_ ,,"^ - , -",0,'-"_0"",___ ",.. '~ IN THE COMMONWEALTH COURT OF PENNSYLVANIA M. Diane Koken, Insurance Commissioner ofthe Commonwealth of Pennsylvania ~. Plaintiff ~ - " = v. No. 427 M.D. 2001 1-' PHICO Insurance Company One PHICO Drive P.O. Box 85 Mechanicsburg,PA 17055-0085 Defendant >-' "I ~_.. ~ = r---> ORDER OF LIQUIDATION AND NOW, this 1st day of February, 2002, upon consideration of the Petition for Liquidation (Petition), filed by Diane Koken, Insurance Commissioner . . of the Commonwealth of Pennsylvania. (Commissioner), in her capacity as Statutory Rehabilitator of PHlCO Insurance Company (PHICO), in accordance with Article V of the Ir:~tiIance Departn:).ent Act (Act), Act of 1921, as amended, 40 P.S. ~~21l-221.63; and the Consent thereto, it is hereby' ORDERED and DECREED that said Petition is GRANTED. It is further ordered and decreed that: 1. The rehabilitation ofPHlCO commenced under this court's order of August 16, 2001 is hereby temrinated. "~~ ,.,... ... ' "~" 2, PRICO is hereby found to be and is declared to be insolvent, as that telID is defined in 40 P.S. 9221.3 and as provided in 40 P,S. 99221.14(1) and 22Ll9, 3. The Conunissioner (including her succeSSOr:S in office) IS hereby appointed Liquidator of PRICO. The Liquidator (including her successors and designees) is directed to take possession of PHIeD's property, business and affairs as Liquidator, to liquidate PRICO in accordance with Article V of the Act and to take such action as the Liquidator' deems to be in the interest of policyholders, creditors or the public. 4. The'Liquidator is hereby vested with all the powers, rights and , duties authorized under the Act arid other applicable law and regulation. ASSETS OF THE ESTATE 5.. The ..€omrnissioner, :is Liquidator, is veste~ with title to llll . property, assets, contracts and rights of action (assets) of PRICQ, of whatever. nature and wherever located, whether held directly or indirectly, as of the date of - the filing' of the Petition. All assets of PRICO are hereby found to be in custodia legis of this court; and this court specifically asserts, to the fullest extent of its authority, (a) in rem jurisdiction overall assets of PIDCO wherever they maybe located and regardless of whether they are held in the name of PRICOOT any other name; (b) exclusive jurisdiction over all determinations of the validity and aJ.l).onnt of claims against PRICO; and (c) exclusive jurisdiction over the determination of the distribution priority of all claims against PHICO. 2 " - ~- 6. The filing or recording of the Order with the clerk of the Commonwealth Court or with the recorder of deeds of the county in which its principal office is located (Cumberland County, PA) shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or rec_orded with that recorder of deeds would have imparted. 7. All banks, investment banks, or other companies, other entities 0; other persons having in their possession assets which are, or may be, the property ofPRICO, shan, unless otherwise instructed by the Liquidator, deliver the possession of the same immediately to the Liquidator, and shall not disburse, . . convey, transfer, pledge, assign, hypothecate, encumber or in any manner dispose of the same without prior written consent of, or unless directed in writing by, the. Liquidator. 8. An .persons and, entities, including but. not limited to accountants, auditors, bankers, trustees and actuaries, are enjoined from disposing of or destroying any documents; correspondence or records, regardless of how maintained (i.e. email, electronic, magnetic, etc.) pertaining or relating to, whether directly or indirectly,' PRIeO, or its subsidiaries and affiliates,inc1uding but not limited to documents pertaining or relating to any transactions between PIDCO, its subsidiaries and affiliates and any party.. 9. The amount recoverable by the Liquidato~ from any reinsurer shall not be reduced as a result of the Order of Liquidatio:1, regardless of any ~ :l -~ ,,- "'~~~ ~~ 'JIl" ~ !- provision in a reinsurance contract or other agreement. Payment made directly by. a reinsurer to an insured or creditor of PRICO shall not diminish the reinsurer's obligation to PRICO, except to the extent provided by law. .,<: :0..- . ~ lO. All agents, brokers or other persons having ~old policies of insurance issued by PRICO shan account for and pay all unearned conunissions and all premiums, collected and uncollected, for the benefit of PillCO directly to the Liquidator, within thirty (30) days of notice of this Order. No agent, broker, n:insurance intermediary or other person shall disburse ,or use monies which come into their possession and are owed to, or are claimed by, PillCO for any pmpose other than payment to the Liquidator. n. Upon. speclfic written instruction by the Liquidator, all attorneys retained by PRICO or perfonning legal services for FillCO sh~ll, within . thirty (30) days of such re~uest, report to the Liquidator the name, company claim. number (if applicable) .and status of each matter they arehandJing on behalf of , . PRICO. Said report shall include an accounting of any funds received from or on behalf of PHI CO for any purpose and in any capacity.. 12. Upon instruction by the Liquidator, any entity furnishing telephone, water, elec1ric, sewage, garbage, trash removal, or utility services to PHICO shall maintain such service and create a new account for the Liquidator as of the effective date of this Order. 4 '-"-<'tWlil"'1!!1'l=~ , ~ -I ~ 13, Unless otherwise instructed by the ,Liquidator, any persons or entity having custody or control of any data processing information and records (including but not limited to source documents, all types of electronically stored documents and information, master tapes or any other recorded information) relating to PRICO or its subsidiaries or affiliates, shall transfer custody and control of such records, in a form readable by the Liquidator, to the Liquidator. 14. Unless instructed otherwise by the Liquidator, all persons and entities furnishing claims processing or data processing services to PRIeO shall. maintain such services and transfer any such accounts to the Liquidator as of the effective date of this Order. 15. PRICO, each of its subsidiaries and affiliates,and their respective present and former officers, directors, trustees, employees, consultants, agents and attorneys, and ~y and all other persons, shall: (a) surrenderpeacefully. to the Liquidator the p~emises where PRico conducts its busin~ss;(b) deliver all. keys or access codes thereto and to any safe deposit boxes, and advise the Liquidator of the combinations or access codes of any safe or safekeeping devices '. of PRIeO or any password or authorization code or access code required for access to data processing equipment; (c) deliver and surrender peacefully to the Liquidator, all of the assets, books, records, illes, credit cards, or other property of PRICD in their possession or control, wherever located; and (d) otherwise advise and cooperate with the Liquidator in identifying and locating any and all of the foregoing. 5 -"'i'''~~ - 16. Except for contracts. of insurance and for remsurance, all executory contracts to which PRICO is a party as ofthe effective date of this Order are hereby disavowed, and will stand as disavowed, unless specifically affirmed by '. the Liquidator within 120 days of the effective date of this Order; Any~isavowal under this provision shall not be an anticipatory breach of any SUC? contract. All inderrmification agreements entered into by PRICO during the rellabilitation are hereby affirmed, and the Liquidator is hereby indemnified by the estate of PRICO, as an administrative expense, to the fullest extent pennitted by law. CONTfuruA TION AND CANCELLATION OF COVERAGE, 17. An policies and contracts of insurance issued by PillCO are cancelled and terminated for all purposes upon the earliest of the foHowing dates: (a) thirty days from the effective date of this Order; (b)untilthe expiration of the . policy or contract; (c) lU1til the insured has replaced the insurance coverage with equivalent insurance with ~other insurer or otherwise terminated the policy; or (d) . '.' until the Liquidator ha,s..effected a transfer of thepolicyobli~ation pursuant to section 221.23(8) of the Act. WORKERS' COMPENSATION CLAIMS 18. For a period not to exceed 90 days from the effective date of this Order, the Liquidator is authorized but not obligated, in her sole discretion, to makc arrangements for the continued payment in full of the claims under policies of workers' compensation by malcing the facilities, computer systems, books, records and arrangements with third party administrators (to the extent possible) of PHICO available for the processing and payment of such claims, to any affected 6 ',~-~ .~ ~-- I' I i , I I I I I i I [ " Ii il I I I II II II Ii I' 'I II I; ;, li ii Oc,,_l'1<III.....!'\~ ~ guaranty association (or other entity that is the functional equivalent) and to states and state officials holding statutory deposits for the benefit of such workers' compensation claimants, provided, however, that such guaranty associations, states or state officials shall provide or make available the funds to make the actual payment of such claims. In circumstances where a guaranty association certifies in writing to the Liquidator that it does not have the immediate ability to fund the payment of workers' compensation claims that are its obligation by law, the Liquidator is authorized to advance the funds, if available, from PRICO to pay 511ch claims on a temporary basis for a period not to exceed 90 days, provided that the guaranty association enters into a written agreement that such advances shall be treated as a distribution pursuant to 40 P.S. !j221.36. The Liquidator shall have the discretion to accept such interim assurances as she deems adequate in lieu of a formal agreement. NOTICE AND PROCEDURE FOR FILING CLAIMS 19. The ..bquidator shall 'use good faith efforts, to give notice by first-class mail to all entities or persons which or who may have claims against PRIeO, contingent or otherwise, as ~sclosed by its books and records, and advising claimants to file with the Liquidator their claims together with proper proofs thereofon or before April 1, 2003. The Liquidator shall also cause a notice to be published in newspapers of general circulation where PH1CO has its principal place of business, as well as in the national edition ofthe Wall StreetJournal, (a) specifying the last day for the filing of claims; (b) advising all persons of the . procedure by which all persons may present their claims to the Liquidator; (c) advising all persons of the address to which they may sene their claim; and Cd) 7 ,._,. ,- -~ advising all such persons of treir right to present their claim or claims to the Liquidator. Any and all persons,firrns or corporations having or claiming to have any accounts, debts, claims or demands against PRICO, contingent or otherwise, or claiming any right, title or interest in any funds or property in the possession ofthe Liquidator are required to file with the Liquidator at the location Qesignated in the above-described notices, on or before the date specified by the Liquidator as the last date upon which to file a claim, a properly completed proof of claim or be thereafter barred as claimants against any assets in the possession of the Llquidator, unless a late filing is permitting under 40 P.S. 9221.37. No person or entity shall be eligible to participate in any distribution of tllc assets of PRICO unless such claims are filed or presented in accordance with and within the time limit and procedures established by the Liquidator, subject to the provisions for the late filing of claims at 40 P.S. 9221.37. EXPENSES. PAYMENTS AND LAWSUITS 20. Witl:out filing a petition for distribution, thy Liquidator shall have the discretion to pay as costs and expenses of administration pursuant to 40 P.S. 9221.44, the actual, reasonable and necessary costs of preserving or recovering assets of PHI CO and the costs of goods or services provided to and duly approved by PHICO (In Rehabilitation) during the period of Rehabilitation and that are unpaid as of the effective date of this Order.. The rights and liabilities of PRICO and of its creditors, policyholders, trustees, shareholders, members and all other persons interested in this estate determined in accordance with the Act as of the date of filing of the Petition for Liquidation. 8 '''{!_, ...--.:v- 21. PRICO, its subsidiaries and affiliates, and their respective' directors, officers, trustees, employees, attorneys, brokers, consultants, agents, policyholders, and creditors, and any other persons, wherever located,:!ixcep~>at the direction of the Liquidator, are enjoined from: (a) the transaction ?f further business on behalf of or for PRICO, (b) the transferring, selli~g, terminating; canceling, disbursing, disposing of or assigning any assets, funds or other property of PHICO, (c) the institution or further prosecution of any actions in law or equity on behalf of or against PRICO, (d) . attempting to collect unpaid premiurns, driductibles or self-insured retentions from PRICO's insureds, and (e) taking any . other action which might or would lessen the value of PHI CO's assets or property,. prejudice the rights and interests of PRICO's policyholders and creditors, or interfere in the administration of the liquidation proceeding. 22. PRICO, its subsidiaries and affiliates, and their respective directors, officers, trustee~, employees, attorneys, brokers" con~mltants, agents~ policyholders, and cred!tors, and any other persons, wherever loc:ated, are enjoined from: ' (a) concealing or destroying any assets, funds or other property of PHICO, (b) any interference, in any manner, with the Commissioner or her designees in liquidating PRICQ's business and affairs, Cc) any waste of PRICQ's assets or property, Cd) the dissipation or transfer ofP:HICQ's bank accounts and negotiable instruments, (e) the obtaining of preferences, judgments, attaclunents, gamislunents or liens against PHICO's assets, property and policyholders, (f) the levy of execution process againstPHICOand its assets, property and policyholders, (g) the negotiation or execution of any agreement of sale or deed c.onveying personal or real property of PHICO for nonpayment of taxes or 9 ~-;'''f ""'- assessments or for any. other purpose, (h) withholding from the Liquidator or removing, concealing, transfemng or destroying books, accounts, documents, policies or policy-related documents or other records relating to PI~lICO's business, and (i) making any assessments or indirectly collecting such assessments by setting them off against amounts otherwise payable to PRICO. 23. No action at law or equity, including but not limited to arbitrations and mediations, shall be brought against PRICO, the Liquidator, or the Commissioner in her capacity as Liquidator, whether in this Commonwealth or elsewhere, nor shall any such existing action be maintained or further prosecuted after the effective date of this Order. All actions, including arbitrations and mediations, currently pending against PHICO in the courts of the Commonwealth of Pennsylvania or elsewhere,' are hereby stayed indyfinitely. All ,actions, arbitrations and mediations againstPHICO, the Liquidator, or the Commissioner in her capacity as Rehabilitat?r o~ Liquidator, shall be submitted and considered a$ . claims in a liquidation proceeding. Only in the event that a p~ claims that the Liquidator, or theCorrunissioner in her capacity as Rehabilitator or Liquidator, has acted outside her statutory authority or in a manner contrary to law, may that party file a petition for review seeking relief in this court. . 24. Unless waived or otherwise agreed by all of the parties thereto and the relevant guaranty association, all actions in which PHICO is or may be obligated to defend a party in any court are stayed to the extent provided by applicable law, subject to further order of the court. The Liquidator may 10 ''f~_~ ~ "' "...,..,.~ "" . - cooperate, upon request of a guaranty association, in seeking a stay of any action, as authorized under applicable law. 25, No verdict, judgment or order against PHlCO or it~ insureds entered after the date of filing of the Petition for Liquidation, !illd no verdict, judgment or order against PRICO entered at any time by default -or by collusion, need be considered as evidence or proof of liability or quantum of damages by ,he Liquidator. 26. No action or proceeding in the nature of an attachment, gamishment, or execution shall be commenced or maintained. in this Commonwealth or elsewhere against PRICO, the Liquidator, or the Commissioner in her capacity as Liquidator, or their assets. . 27. All secured creditors or parties, pledgees, lienholders, collateral .~ . holders or other persop.s claiming secured, priority or preferre~ interests in any property or assets of PHICO are hereby enjoined from taking any steps whatsoever to transfer, sell, assign, encumber, attach, dispose of, or exercise, purported rights in or against any property or assets of PRICO, except as ?rovided in 40 P.S. 9221.43. 28. The Liquidator is authorized, in her discre:ion, to identify, seek and recover PHICO assets held by (a) the Supplemental Reuement Income Plan Trust; (b) the Directors' Deferred Compensation Plan Trus:: or (c) any rabbi or other trusts or plans \vith respect to benefits or other value c remuneration to be 11 -. - '" provided to members or fOMer members of management or highly compensated employees of PHI CO or any of its subsidiaries or affiliates. 29. This Order shall be effective on February 1, 2002 and supersedes this court's order of August 16,2001. 30. The Liquidator, through her counsel, is hereby directed to serve a copy of this Order upon all parties of record. The Liquidator, through her co~.nsel, is directed to file with the court in the Office of the Prothonotary, 9th Floor, Widener Building, 1339 Chestnut Street, Philadelphia, PA 19107, an affidavit that such service has been effectuated. ' 3 1. Any correspondence to the Liquidator (as opposed to counsel to the Liquidator). shall be directed as follows: Statutory. Liquidator, PHICO Insurance Company (In Liqllidation), F:.O. Box 2025, Mechanicsburg, P A 17055. ~ Ai ~/V" <~~-~_'-/ ROCHELLE S. FRIEDMAN, Judge 12 ,,;~-~ CERTIFICATE OF SERVICE I, Tracy L. Paris, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, P A 17013 Attorney for Plaintiff Date: )~)..(.rf;J... '^4""P/0 TRACY L. PARIS i;"l~ _ 'L7:;<"""'-' -_~ "';_"__"';~~'/"O"_ -,";-r'_'~"'_"'""_o--"-'-'_f_~C'~^_'_"__' .'_~ - ,--.- - ~- --.",,-~ ,~-~~--- .=, " --~, -,,",--, -- , -- -- ': .'-,- !il I 'c. _-_IlII!III!!!!I~_ ,~,~ --"-;:cr ,'. ^","" ''','- _""1. .,!'" 1!I\!""1'''''''''''''''' ~_, - -,~ ,'".' "--"-~""= ,'",' .-. (") CJ 0 C r-j ""n s: -., ::1 -nee f"'1 cpq=J co :-:-'--r, _..~. ' .) ;--~ ZC N .-,-.,[71 :~) tj SJ~~; .-J g~ ~C5 "C) )0-' -;0 :.:1;; 6::(-., Pc: ~" Z 1'"' :~ --l ::0 -< <:::> -< <,,", ~11Il1~~ ',', ~~.-~ THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255.7637 Attorney for Defendant PAMELA S. SNYDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DOCKET NO. 2000-1982 Civil Term CIVIL ACTION - LAW ROBERT R. KANEDA, D.O., Defendant JURY TRIAL DEMANDED AMENDED NEW MATTER TO PLAINTIFF'S COMPLAINT OF DEFENDANT ROBERT R. KANEDA. D. O. Defendant Manorcare Health Services, Inc. hereby amends its New Matter to the Complaint/Amended Complaint to include the following averments: 1. Defendant Robert R. Kaneda, D. O. was insured under a policy issued by PHICO Insurance Company ("PHICO"). I I I I I I I, II I ,I II iI Ii Ii, il 'I II Ii !.I: " I!" 2, The Commonwealth Court of Pennsylvania entered an Order of Liquidation with a finding of insolvency against PHICO on February 1, 2002. 3. As a result of the Order of Liquidation, the provisions of 40 P. S. 9991.1817(a) apply to the Plaintiffs claims. This provision provides in pertinent part that: "Any person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first-party or third-party claim, and shall include, without limitation, accident and health insurance, workers' compensation, Blue Cross and Blue Shield, and all other coverages except for policies of an insolvent '''''j-~,,~~-~ '_c"-,.""'- .,'..,~ to,. , ,_.,>_".~,,.- ,- ~-,> _,mJ'. ~,_.-,_- -F'--"'~'-~_"-',' ""'i"'';~ ',-- '" " .,..........' ~., ,.., .,. -.. ".-Y,'",- ~,.,,-, ,,-, ,- - insurer. Any amount payable on a covered claim under this act shall be reduced by the amount of any recovery under other insurance." 40 P. S. g991.1817(a). 4. Plaintiff is required first to exhaust his rights under any insurance policy, including but not limited to claims under accident and health insurance, workers' compensation, Blue Cross and Blue Shield, and all other coverages except for policies of an insolvent insurer. 5. It is believed and therefore averred that certain or all of Plaintiff's medical and other bills for which Plaintiff seeks recovery in this action were paid and/or are payable under accident and health insurance, workers' compensation, Blue Cross and Blue Shield or other insurance. 6. Plaintiff's recovery or rights of recovery under all other insurance reduce any amounts payable by the Pennsylvania Property and Casualty Insurance Guaranty Association and to the same extent Plaintiff's claims against the Defendant are also reduced. Respectfully, THOMAS, THOMAS & HAFER, LLP Date: 6'f.[ -v2- By~JL EVAN BLACK, ESQ. --~-:'!-? ,,~_.,_~:-~",,"_,~-;,-- " C',~____ ~ ,1"""_-r-,,_,.,~ - "., ~",'^-"", --_~",*_,_ '""r:-~,- _, ' "_~'_'__' ", _~"_.,!'" ,.~_ c ' ""'_>~'" ""'Co"," ""r,'_hJ"_-,f,_~!:I '. ,', --On '_ ,0""' ';-'" ~. e", .le .fr_.._,~___' .- VERIFICATION I, Evan Black, Esq., attorney for Defendant Robert R. Kaneda, D.O., hereby state and aver that the factual statements contained in the foregoing Amended New Matter to Plaintiff's Complaint of Defendant Robert R. Kaneda, D. O. are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: t. r ,O'L- ~1 Evan Black, Esq. :170399.1 I ! I I i 'I I I .I " I i, i: , , I , " ~~ "-,;l!!ll _ . 1\.' - - --O~'~-'-' c',' , '. -'''''.ce.>_.,_''- _~.' -,"f _;-<",__~, ,,'1"3,,"''- '," '.__, "-,-":_~ ,c,., -_~~.,_ .,~,"-^, """",,,_,." ~--_' - ,.. " -_.-_t,_~~_ _."'," ~-' ,~.., -' . , it ~ " :~- ! ,t, 'i: it; 'I' :\' 011 :"';"1] " " ::1 "I f~j " --~~~, CERTIFICATE OF SERVICE I, Becky Rusbatch, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 Date:bN/O~ ~~a~eta~ . '_'-"'-""'_'-"'.,","'7"'"fr""-:':'~ r," '," ,-;,__c+, _,;~-~-",~" " ' "", 'Y--""-'-,~"'ij"~' ,<:nJ""" ',-, ,~ ;c,.~,-.":--,,"!_~, ___.,-?'" " <'C:'- ,,,,,,-" -- o?'","" ___~ '"" '--'-'T' ,~-_ ',' __ '^_'_,_,._,' " ~,., ~ " ',' ,''''''~""""",o__,..__,,,,, - "~ I ~!l!''''''''U"_''"''!:- o c ;~ 9ii_~--: /, <^I! :...,;, r::c- -;::; :r.:. ""'~ f,'- ;..."!J~1!!'I_,_ ,'"-" ";;:.,,,,,-,,,~,.., J._ 't.-il '-~-_.-. C) ''0 '- :~;~ o " -("1 F -"-'fT! ~-,~)O ,-, ) -iC) --:1.'.' --~-: (:"5 (jn1 ~! ~.:o -< I en -':} " "D ,JIll" :l"""-~r :' 'C . DOUGLA~, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TEtEplIONE 717-243-1790 x WILUAM P. DOUGLAS, ESQ. Supreme Court 1.0.# 37926 GEORGE R DOUGLAS. ill, ESQ. Supreme Court 1.0,#61886 t........."....................................................................................................\1'..............................................................................................................': : i IN THE CoURT OF CoMMON PLEAS OF : : PAMELA S. SNYDER, : CUMBERLAND CoUNTY PENNSYLVANIA ! ~ j j : : : 2000-1982 CIVIL TERM . \S CIVIL ACTION LAW ROBERT R. KANEDA, D.O., , DEFENDANT! ! ?...............................................................................................................~..............................................................................~.................................: ~ E j : . .: ; ..........................~......................................................................................................................................................................................................~ To: Curtis R. Long, Prothonotary PRAECIPE Please withdraw the Complaint of the plaintiff and discontinue the above-captioned action. Date: September 9, 2002 by ".\~J,IfIl~ II ~~..",Il. " ';"':~' .~"J..~L.,,,,,,,,,,,, '7' , ~."..- " '.;.' ',,', -~-- '''"~-"< ,-' . "t ; ~,:~/~-lit~;~'~ ~'Y;ifl' "'T't:'-' ' ., ~:'j, ~'l~fH:~%~;;;: 0 0 c-' c: N ~n <:' (I> ur;~: rTl ~Q [1)1"1_: -0 r- ..:;....:I.. ~~~ ~~~ a ~~ U ..:::c ,,",j 1...-1"" C) ~~i ?~ z c :s;: -} lD ;; ~~ ;:::; ."- J) ;il -I -< 00 -< ~~l,,"~f!j~~~~llI:~!I'5'__~ ".~.,.._,...,~'!il' '"I. ' . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN TilE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -4 '1 i ~ -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. " :1 .) .I J i As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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. k;~ EVAN BLACK, ESQ. Attorney for DEFENDANT DATE: 09/19/2002 DEll-361651 27 4l 7 -L03 .-~!i'l~,. " ~ -,. . ,",,- ~,,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HANOVER GENERAL HOSPITAL FULTON COUNTY MEDICAL CENTER DR. WILLIAM H. HILROTH MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING TO: WILLIAM P. DOUGLAS, ESQ. MCS on behalf of EVAN BLACK, 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 HCS or by contacting our local MCSoffice. DATE: 08/30/2002 ;:1 'I :1 ;1 I ;1 ;i i :1 I .1 I I i ,j , " 51 ;1 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. TIMOTHY SANTOHIERI - 420-00458 - SNYDER 'j i Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 il II I ,I :1 ;, jl "J~ J :1 -'I , , .,1 ii Ii ',i DE02-198883 2. 7 41 7 - C 0 2. "-11 COMM9~ALTHOFn~~SnVAN~ COUNTY Of CUMBERLANQ PAMELA S. SNYDER VS KANEDA. D.O. File No. 2000-1982 CIVIL StJBPO~A TO PRODt}CE DOCUMENJ'~ OR THINGS fOR DlSCOVERY PURSUANT TO RlJ1.E. 4009.22 TO: CUSTODIAN OF RECORDS, FOR: HANOVER' GENERAL HOSPITAL IN.....f"- .. Eallly' Within lWenty 1201 d.y. dter HrYic. of tlll..ubpoet\l. you ... ordlHd by lite court to produce tile following d_ or thlnp: SEE ATTACHF.Tl It MCS GROUP INCH 1601 MARKET ST'.. IIROO.PHTT.A..PA 1<110, (A.wr-I You ",.y deliver or llI&it teSibl. copies of tile documents or produce tlllnp reqUO!Iled by tlll..ubpoena. together with the eertlEiclle of compliance. to ttle party maklng this req_ at th. aclcIreu Ii.teet above. You Mve tile ript to seek. in Idvlnce, tile rellOMbl. cost of prepulng the copies or procludlll tile tIIInp lQupt. If you flit to produce tlte documents or tltlnp required by tltl..ubpoena, willlln twenty (20) dlY' Ifter it...rvice, tlte party ..rvinl thi. .ub~o.".. m.ay ..ek . court order cornpe1litt& you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS! PO BX 999 HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUnEME COUllT ID ~ A T1'ORNEY FOR: DEFENDANT DATE: ~P(' .~ ~ CO", , . [ BY~~~ '- Mo./'J--P ~ P?;1r/l OfT.. J Sea) of the Court (Elf. 7/9'7) ~ ~ T T ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANOVER GENERAL HOSPITAL 300 HIGHLAND AVE. HANOVER, PA 17331 ]IU:: 27417 PAMELA S. SNYDER INCLUDING ANY AND ALL PHONE MESSAGES, LABS, STUDIES, REPORTS, INPATIENT, OUTPAIENT, ER, CLINIC OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, l;onsultation, care or treatment of patient. lI>ates Requested: up to and including the present. Subject: PAMElA S. SNYDER RD#1 BOX 479B, MCCONNELLSBURG, PA 17233 lI>ate of Birth: 05-14-1964 5UlO-395796 27417-L03 "Oil- , " "1'1 . ~ - - -", .~~" -'~ ._'C CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN TilE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM. -VS- CASE NO: 2000-1982 ROBERT R. KANEDA. D.O. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK. 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. , i" ~1 'I ::1 ", ~i :t (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. -" ':1 -'I ~ ) ", .~ MCS on behalf of DATE: 09/19/2002 EVAN BLACK. ESQ. Attorney for DEFENDANT , !'I ., "j i: ::1 ;1 'I DEll-361652 27417 -LO 4 Ct \1 "'L "~ "",'. CO~ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA. D.O. NOTICE OF INTER'!' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HANOVER GEllERAL HOSPITAL FULTON COmITY MEDICAL CENTER DR. WILLIAM K. MILROTH MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & BILLDlG MEDICAL RECORDS & BILLING TO: WILLIAM P. DOUGLAS, ESQ. MCS on behalf of EVAN BLACK, 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 KCS or by contacting our local MCS office. DATE: 08/30/2002 I i I i I .-1 -I I ':1 I I MCS on behalf of EVAN BLACK. ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. TIMOTHY SA!lTOMIElU - 420-00458 - SNYDER .; " Any questions regarding this matter, contact THE MCS GROUP DlC. 1601 MARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 '-j ,>, i ; oij -'1 DE02-198883 2741. 7 - C02 '~!""=,,,,,,,,,",~ ., ". "-~ -," ~' .' ~ , -~'- - "=, ' COMMQ~ALTH OFcPENNSnV ANIA COVNTY OFCtJMBE~LAND PAMELA S. SNYDER VS KANEDA, D.O. File No. 2000-1982 CIVIL TO: SUBPOENA TO PRODUCE DOCUMENTS OK THINGS FOR DISCOVERY eUR~UANTTO RUJ"E4009.22 CUSTODIAN OF RECORDS FOR: FULTON COUNTY MEDICAL CENTER (N.._.t p_.. Earityl Within twellly (20) days liter ......ic. of thi. .ubpoen.t. you ... or~by the COllft to produc.the followtng d_ or thinp: SEE ATTACHF.n - . at MCS GROUP INC.. 1601 MARKET ST'" IIAOO, PHTT.A, .PA lql0~ IAd_, Vou may deliver or mailleSible COplH of th. docum.nlll or produce things reqUHled by thi. lubpoen..toplher with the certificate of compUance. to the party making thi. request at the addrftlUlted above. You have the right to seele, in .dvance. Ihe ,e.sonable (ost of pftl'uinl the (ol'i" or prod\ICillllhe thin.. -thL If you f.ilto produce the documenlll or things required by thit lubpoena. within twenty (20) day. alter its leM/ice. the party S"rvinl thi; lub~o.na may ....k a (01Ut otder (ompeJiing you to (omply with iL THIS SUBPOENA WAS ISSUED AT THE REQUEST Of mE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: PO BX 999 . HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT 10 It A1TORNEY FOR: DEFENDANT BY DATE: ~l-f::)rY~~ '--- Sell of the CotIrt (Elf.7/fT'1 - ~~ - EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FULTON COUNTY MEDICAL CENTER 216 S. 1ST STREET MCCONNELLSBURG, PA 17233 RE: 27417 PAMELA S. SNYDER INCLUDING ANY AND ALL PHONE MESSAGES, LABS, STUDIES, REPORTS, INPATIENT, OUTPATIENT, ER, CLINIC OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: lip to and including the present. Subject: PAMElA S. SNYDER RD#1 BOX 479B, MCCONNELLSBURG, PA 17233 Date of Birth: 05-14-1964 SU10-395798 27417 -LO 4 ",~- ~ -1- - - ~._~.~- '<".=i1!llJ1' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. . MCS on behalf of ,I! DATE: 09/19/2002 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-361653 27417-LOS -':0t~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA S. SNYDER TERM, -VS- CASE NO: 2000-1982 ROBERT R. KANEDA, D.O. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 HANOVER GENERAL HOSPITAL FULTON COUNTY MEDICAL CENTER DR. WILLIAM M. MILROTH MEDICAL RECORDS , HOSPITAL BILL MEDICAL RECORDS , BILLING MEDICAL RECORDS , BILLING TO: WILLIAM P. DOUGLAS, ESQ. MCS on behalf of EVAN BLACK, 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: 08/30/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFEIIDAII'r CC. EVAN BLACK, ESQ. TIMOTHY SANTOMIERI - 420-00458 - SNYDER Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-198883 274:L 7-C02 '![",."..~~- ~. - - ,= _.~ -~,,,..,.,.. . COMMQNWE:AL TH OF PENNSn V ANIA COUNTY Of CU~BERLAND PAMELA S. SNYDER VS KANEDA, D.O. FileNo. 2000-1982 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS F.Q.R DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: WILLIAM M. MILROTR, M.D. (NomG of P_a or Entltyl Wilhin twenty (20) day. liter se",ice of Ihi. .ubpoena. you ... ordered by Ihe court to producelhe followins d_entll or Ihinp: SEE ATTACHED at MCS GROUP INC.. 1601 MARKET ST'" 11800. PHTT.A. .PA 19101 (Ad_' You may deliver or mail legible copl.. of lhe documents Dr produce Ihinp requesled by Ihis subpoena,logether wilh Ihe certificale of compliance. 10 Ihe p~ makin8lhi. request at lhe .dclresllisled above. You have lhe rigllllo _I<. in advance.llle reasonable CMt of preparin81he copl.. or producln81he lhinp souglll. If you fall 10 producelhe documents or Ihinp required by 1111. subpoena. within twenty (20) days afler il. .e",ice.lh. party ,"tvinS thi. sub,>o,,,,, may .e.k a court order compellina you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: PO BX 999 HARRISBURG, FA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID It AlIORNEY FOR: DEFENDANT DATE: T~' /f., .::::lrY)a Seal of the Court (EN.7Im ~~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM M. MILROTH 318 N. FIRST STREET MCCONNELLSBURG, PA 172331006 RE: 27417 PAMELA S. SNYDER INCLUDING ANY AND ALL PHONE MESSAGES, LABS, STUDIES, REPORTS, INPATIENT, OUTPATIENT, ER, CLINIC OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. I>ates Requested: up to and including the present. Subject: PAMElA S. SNYDER RD#1 BOX 4798, MCCONNELLSBVRG, PA 17233 I>ate of Birth: 05-14-1964 SUlO-395800 27 4l 7 -LO 5 ')f,~~_ ~ , , , -", 101 ,~ ~ I ~ " _~~,~ 111M! ~ ,~ ~~,IJ!_TJ' '~"' -''', -'~"", -,- --'-." - -0)'->-"'" <7,. ~<:.^'/' """ ',' ""'~illr:"--~'<'~'!rJZ/fntttJ'!r~j;1r~ln~tl~ "O~i,," '~ "?i i.<:.0 ~C> 7\ Q, .A -:f'-n f\~ f- -o'q 6.0 ~.."(. .-, t):!\ :i '-z~ ~:l S:l ;:., ?i -' o \,-) 'A --0 \"0, '-'" 'W"1~~~ri!I'F~!I!Iit!!I!'~~~__ .~~. [I_.m",: , u :; A i i j '~?l DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243.1790 WlLLIAM P. DOUGLAS, ESQ, Sup,eme Court I.D.# 37926 GEORGE F. DOUGLAS, Ill, ESQ. Supreme Court I.D,# 61886 [........................................................................................................"'1'.......iN..THE.o)'iJRTOF.COMMON..PLEAS.oF.......l I PAMELA S.SNYDER I CUMBERLAND COUNTY PENNSYLVANIA I I IS PLAINTIFF I NO.2000-1982 CIVIL TERM I I ROBERT R. KANEDA, D.O. I eML Aeno, LAW I ~ DEFENDANT ~ ~ .........................................................................................................................................................................................................................~ To: Curtis R. Long, Prothonotary PRAECIPE please withdraw the plaintiff's complaint in this matter and mark this matter discontinued. william P. Douglas. quire Attorney for the Plai tiff October 8, 2002 .. 1 ~" , ,- ~ "ll ~.,.," .~_.!I!~!lIl'!!I ~I 4_",,~.......... =- fflftlR;l~m'Mfll!l'I!l!I'~ -"''^'"'' , .".- ~--~_.-' "-, '';',1.',- . -.;,' '" '-,[. -;.'-;';~Bil-~ --",1,," ::':'''~'.''l'j~':a:Ju'j)~;~i;_;_S, ":if:""';;:-''; i,r:::i; o c <'" l:!CC nlrr! --, 4...~,,' 0~~ r:= I~> ~t< ~~ ~~ =i ."'. <:::> f'..,} () ''1 o ,) -l I "';:,J1 iT: ~ ',>' () U) ....c "--'j ~~~ .U -< (=. )111.~'~~~~~I'!Z~"F~:;W~~',;I!Ui!i~~F"'~~~~~~~if~K