HomeMy WebLinkAbout00-02614
I..
FREDERICK L. YOUNG and DONNA
M. YOUNG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CIVIL ACTION - LAW _
NO. c:o - C)(P)lf ~
CHERYL A. GRAY,
Defendant
JURY TRIAL DEMANDED
NOTICE TO DEFEND
TO: Cheryl A. Gray
4618 Oxford Road
Harrisburg, PA 17109-1614
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within Twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or reliefrequested by the Plaintiffs. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
Document #: 173973.1
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b'--n!
FREDERICK L. YOUNG and DONNA
M. YOUNG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
NO. d7J, ;}J..I'-j' G.;;u ~
CHERYL A. GRAY,
Defendant
JURY TRIAL DEMANDED
CIVIL COMPLAINT
1. Plaintiffs Frederick L. and Donna M. Young, husband and wife, are adult
individuals residing at 728 South 80th Street, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendant Cheryl A. Gray is an adult individual residing at 4618 Oxford Road,
Harrisburg, Dauphin County, Pennsylvania 17109.
3. On March 18, 1999, Defendant was the ~wner and operator of a 1994 Buick
Sedan,
4, On the aforesaid date, at approximately 11:40 a.m., Defendant backed up her
vehicle in the Officers Club parking lot at the Naval Inventory Control Point in Mechanicsburg,
Cumberland County, Pennsylvania 17055.
5. At the aforesaid time and date, Plaintiff Frederick Young was walking in the
parking lot intending to enter the Officers Club when Defendant backed her vehicle into his left
knee.
6. The aforesaid accident occurred solely as a result of the negligence, carelessness
and recklessness of the Defendant and was due in no marmer to any act, or failure to act on the
part of Plaintiff Frederick Young.
Document #: 173973.1
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7. Defendant owed a duty to operate her vehicle in such a way as to not cause harm
or damage to said other persons and to Plaintiffs in particular.
8. The negligence, carelessness and recklessness of Defendant consisted of the
following:
(a) Moving a vehicle when it was not safe to do so in violation of 75
Pa.C.S.A. 93333 and applicable law;
(b) Failing to yield the right-of-way to pedestrians in violation of 75
Pa.C.S.A. 93542 and applicable law;
(c) Failing to yield the right-of-way to pedestrians in violation of 75
Pa.C.S.A. 93547 and applicable law;
(d) Backing her vehicle when it was not safe to do so in violation of75
Pa.C.S.A. 93702 and applicable law;
(e) Operating her vehicle in careless disregard for the safety of persons
and property in violation of 75 Pa.C.S.A. 93714 and applicable
law;
(f) Operating her vehicle in reckless disregard for the safety of
persons and property in violation of 75 Pa.C.S.A. 93736 and
applicable law;
(g) Moving or backing her vehicle when her vision may have been
obstructed;
(h) Moving or backing her vehicle without properly checking for the
presence of pedestrians;
(i) Leaving a parking spot or parking area without first making sure it
was safe to back her vehicle;
G) Failing to keep alert and maintain a proper lookout for the presence
of pedestrians;
(k) Operating her vehicle when she did not have a clear view or where
her view may have been obstructed;
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DOCllment#: 173973.1
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(I) Failing to slow or stop the vehicle she was operating to avoid the
collision with Plaintiff Frederick Young;
(m) Failing to apply the brakes of the vehicle she was operating or take
other evasive action to avoid a collision with Plaintiff Frederick
Young;
(n) Failing to maintain or control the vehicle she was operating to
avoid a collision;
(0) Failing to give warning to Plaintiff Frederick Young of her
impending collision with him;
(P) Failing to keep her vehicle under proper and adequate control so as
not to expose Plaintiff Frederick Young to unreasonable risk of
harm; and
(q) Failing to heed warnings of the impending collision.
9. As a direct and proximate result of the collision and the negligent, careless and
reckless conduct of Defendant, Plaintiff Frederick Young sustained personal injuries and
damages as more fully set forth herein,
10. The Defendant violated Pennsylvania statutes in effect at the time of the accident
and is negligent per se and as a matter oflaw.
COUNT I - NEGLIGENCE
Plaintiff Frederick Y Dun!!: v. Defendant
11. Paragraphs I through 10 hereof are incorporated herein by reference as if fully set
forth.
12. As a direct and proximate result of the collision and the negligent, careless and
reckless conduct of Defendant, Plaintiff Frederick Young sustained and in the future may sustain
serious and debilitating injuries, some of which are or may be permanent and, which are or may
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Document #: 173973.1
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be an aggravation and/or exacerbation of pre-injury existing conditions, and which include, but
are not limited to, the following:
(a) Trauma and injury to his left knee; and
(b) Trauma and injury to his left hip.
13. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant, Plaintiff Frederick Young has underwent significant
treatment including left knee surgery, physical therapy and several injections and was forced to
incur medical bills and expenses for the injuries he has suffered and will continue to incur
medical bills and expenses in the future.
14. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant, Plaintiff Frederick Young has suffered and may
suffer a loss of earnings, may suffer permanent disability, impairment and/or loss of earning
capacity.
15. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant, Plaintiff Frederick Young has undergone and in the
future wiU undergo great physical pain, mental pain, discomfort, inconvenience, distress,
embarrassment and humiliation, present, past and future loss of his ability to enjoy the pleasures
oflife and limitations in pursuit of daily activities all to his great loss and detriment.
16. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant, Plaintiff Frederick Young has been permanently
scarred, deformed and disfigured.
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Document #: 173973.1
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17. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant, Plaintiff Frederick Young has sustained incidental
costs associated with his injuries including the use of medical appliances and medication
expenses.
WHEREFORE, Plaintiff Frederick Young demands judgment against Defendant Cheryl
Gray for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration
in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of
prosecution.
COUNT II - LOSS OF CONSORTIUM
Plaintiff Donna M. Y oun!! v. Defendant
18. Paragraphs 1 through 17 hereof are incorporated herein by reference as if fully set
forth.
19. During all relevant times, Plaintiff Frederick L. and Donna M. Young were
husband and wife and solely as a result of the collision, the aforesaid negligence, carelessness
and recklessness of Defendant as a result of the injuries to Plaintiff Frederick L. Young, the
Plaintiff Donna M. Young has been deprived of the assistance, companionship, consortium and
society of her husband and has lost his services to her all to her great loss and detriment which
may continue indefinitely.
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Document #: 173973.1
.illI_~i
WHEREFORE, Plaintiff Donna M. Young demands judgment against Defendant Cheryl
Gray, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration
in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of
prosecution.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ff"" L---"
Clark DeVere, Esquire
Attorney J.D. No. 68768
3 211 North Front Street
P.O. Box 5300
Harrisburg, P A 1711 0-0300
(717) 238-8187
Attorney for Plaintiffs
Dated: April n 2000
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Document #: 173973.1
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VERIFICATION
I, Frederick L. Young, hereby certify that the following is correct:
The facts set forth in the foregoing Civil Complaint are based upon information which I
have furnished to counsel, as well as upon information which has been gathered by counsel and/or
others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel
and not my own. I have read the Civil Complaint, and to the extent that it is based upon information
which I have given to counsel, it is true and correct to the best of my knowledge, information, and
belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon
such counsel in making this Verification. I hereby acknowledge that the facts set forth in the
aforesaid Civil Complaint are made subject to the penalties of 18 Pa C.S.A, 94904 relating to
unswom falsification to authorities.
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Dated: J.!4;r'j';;'IRWSI ~;,-:/ .' . (f:
V Fred ick L. 0
Document #: 173973.1
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VERIFICATION
I, Donna M. Young, hereby certify that the following is correct:
The facts set forth in the foregoing Civil Complaint are based upon information which I
have furnished to counsel, as well as upon information which has been gathered by counsel and/or
others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel
and not my own, I have read the Civil Complaint, and to the extent that it is based upon information
which I have given to counsel, it is true and correct to the best of my knowledge, information, and
belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon
such counsel in making this Verification. I hereby acknowledge that the facts set forth in the
aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to
unsworn falsification to authorities.
Dated: '-I/J.1/~l7Od
j,'t-~m~
Donna M. Yo g
Document #: 173973.1
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SHERIFF'S RETURN - OUT OF COUNTY
>
CASE NO: 2000-02614 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG FREDERICK L ET AL
VS
GRAY CHERYL A
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
GRAY CHERYL A
but was unable to locate Her
deputized the sheriff of DAUPHIN
, to wit:
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
12th , 2000 , this office was in receipt of the
18.00
9.00
10.00
30.50
.00
67.50
05/12/2000
METZGER WICKERSHAM
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
County
Sworn and subscribed to before me
this dVfl:: day of ~
~tJVi> A. D .
0~ () f1.u;P,~) ~~
Prothonotafy
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@ffite of tqr ~4~:riff
William T. Tully
Solicitor
Ralph G, McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin COllllty
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
YOUNG FREDERICK L
vs
County of Dauphin
GRAY CHERYL A
Sheriff's Return
No. 1039-T - -2000
OTHER COUNTY NO. 00-2614-CIVIL
AND NOW: May 5, 2000
at 6:08PM served the within
NOTICE & COMPLAINT IN CIVIL ACTION
upon
GRAY CHERYL A
by personally handing
to DEFT
1 true attested copy(ies)
of the original
NOTICE & COMPLAINT IN CIVIL ACTION
and making known
to him/her the contents thereof at 4079 W TILDEN RD
FORREST HILL
HBG, PA 00000-0000
Sworn and subscribed to
So Answers,
JR~
~.; ~=~~oo
PROTHONOTARY
By
a.
Sheriff's Costs: $30.50 PD 05/04/2000
RCPT NO 136528
ET
, "!ifil' '. ..,~. otil-t"6fG~mD1'()'J1Pleasof C1Jlriibetlall'dCriuiitY,PennsyIV'~nia
. ";~~~~~i~1f!'L'::}i6'6'Bi~;'~tJ;~L
". . ,'_, vs.
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Cheryl,A:f,iGray......
q.., -. -:',"<< - -+->,:/;S-i"'; ,-'
No.
20-2614 Civil
Now"". 5/2/00.
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'.' , 20 C<' ,1, SHERIFF OF CUMBERLAND COUNTY, P A, do
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. . pereby.depv#~~theSheri.ff of Dauph,in
;---::<~,;:,~,\,~,,-,
County to exe.cute this Writ, this
dep_oo befug """" "... ""In'" md "'k of'" PI.mtiff. ~
. ~~-:~~,
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
,
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
,
Sheriff of
County, PA
Sworn and subscribed before
me this day of
20
'-
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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John A Statler, Esquire
Attorney 1 D, No, 43812
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P,O, Box 1268
Harrisburg, PA 17108.1268
Telephone: (717) 234-4161
Attorney for Defendant Cheryl A Gray
FREDERICK L. YOUNG and
DONNA M, YOUNG,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v,
: NO. 00-2614 Civil
CHERYL A GRAY,
Defendant
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: FREDERICK L. YOUNG and DONNA M. YOUNG, Plaintiffs
c/o CLARK DeVERE, ESQUIRE
Metzger Wickersham Knauss & Erb, P,C,
3111 North Front Street
P,O, Box 5300
Harrisburg, PA 171110-0300
Attorney for Plaintiffs
YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty
(20) days of service hereof or a default judgment may be entered against you,
GOLDBERG, KATZMAN & SHIPMAN, P.c.
BY~~
John A S tier, Esquire
Attorney I. D, No, 43812
320 Market Street
P.O, Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
DATE: (p / /1 J lJI,
Attorney for Defendant Cheryl A, Gray
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John A Statler, Esquire
Attorney 1. D, No, 43812
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P,Q. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendant Cheryl A. Gray
FREDERICK L. YOUNG and
DONNAM. YOUNG,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO, 00-2614 Civil
CHERYL A. GRAY,
Defendant
: JURY TRIAL DEMANDED
ANSWER OF DEFENDANT
CHERYL A. GRAY TO PLAINTIFFS'
COMPLAINT INCLUDING NEW MATTER
AND NOW, comes the Defendant, Cheryl A. Gray, by her attorneys, Goldberg, Katzman
and Shipman, P.C., who files the following Answer and New Matter in response to the Plaintiffs'
Complaint:
1, Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments in this paragraph
and, therefore, denies the same and demands strict proof at time of trial if deemed material.
2, Admitted.
3. Admitted,
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4, Admitted,
5, Denied as stated, Defendant is without information sufficient to form a belief as to
the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands
strict proof at time of trial if deemed material.
6, The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the alleged accident occurred
solely as a result of any negligence, carelessness and recklessness on the part of the Defendant and
denied that the accident was due in no manner to any act, or failure to act on the part of Plaintiff
Frederick Young.
7. The averments in this paragraph constitute conclusions oflaw to which no
response is required,
8. The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless in:
a, moving a vehicle when it was not safe to do so in violation of75
Pa. C,S.A. ~3333 and applicable law;
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b. failing to yield the right of way to pedestrians in violation of75 Pa.
C,S.A ~3542 and applicable law;
c. failing to yield the right of way to pedestrians in violation of75 Pa,
C,S.A ~3547 and applicable law;
d, backing her vehicle when it was not safe to do so in violation of75
Pa. C.S.A ~3702 and applicable law;
e, operating her vehicle in careless disregard for the safety of persons
and property in violation of75 Pa, C,S.A ~3714 and applicable
law;
f. operating her vehicle in reckless disregard for the safety of persons
and property in violation of75 Pa, C.S.A ~3736 and applicable
law;
g, moving or backing her vehicle when her vision may have been
obstructed;
h, moving or backing her vehicle without properly checking for the
presence of pedestrians;
1. leaving a parking spot or parking area without first making sure it
was safe to back her vehicle;
J, failing to keep alert and maintain a proper lookout for the presence
of pedestrians;
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k, operating her vehicle when she did not have a clear view or where
her view may have been obstructed;
I. failing to slow or stop the vehicle she was operating to avoid the
collision with Plaintiff Frederick Young;
m, failing to apply the brakes of the vehicle she was operating or take
other evasive action to avoid a collision with Plaintiff Frederick
Young;
n, failing to maintain or control the vehicle she was operating to avoid
a collision;
0, failing to give warning to Plaintiff Frederick Young of her
impending collision with him;
p, failing to keep her vehicle under proper and adequate control so as
not to expose Plaintiff Frederick Young to unreasonable risk of
harm; and
q, failing to heed warnings of the impending collision,
9, The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff suffered any injuries
and damages as a direct and proximate result of any negligent, careless conduct of the Defendant.
4
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10, The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is denied that the
Defendant violated Pennsylvania statutes in effect at the time of the accident and denied that the
Defendant is negligent per se and as a matter oflaw.
COUNT I
(Negligence)
PlaintitTFrederick YOInnl!: v. Defendant
11. Defendant incorporates by reference her answers to the averments in paragraphs 1
through 10 of the Plaintiffs' Complaint as if set forth at length,
12, The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff Frederick Young
suffered any injuries or damages a direct and proximate result of any negligence, careless and
reckless conduct on the part of the Defendant. By way of further answer, Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiff s alleged injuries and damages and, therefore, denies the same and demands strict proof
at time of trial if deemed material.
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13, The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff Frederick Young
suffered any injuries or damages a direct and proximate result of any negligence, careless and
reckless conduct on the part of the Defendant, By way of further answer, Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof
at time oftrial if deemed materiaL
14. The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff Frederick Young
suffered any injuries or damages a direct and proximate result of any negligence, careless and
reckless conduct on the part of the Defendant. By way of further answer, Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof
at time oftrial if deemed materiaL
15. The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff Frederick Young
6
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suffered any injuries or damages a direct and proximate result of any negligence, careless and
reckless conduct on the part of the Defendant. By way of further answer, Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof
at time of tria! if deemed material.
16, The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff Frederick Young
suffered any injuries or damages a direct and proximate result of any negligence, careless and
reckless conduct on the part of the Defendant. By way of further answer, Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof
at time oOria! if deemed material.
17. The averments in this paragraph constitute conclusions of law to which no
response is required. In the event a response is deemed to be required, it is denied that the
Defendant was negligent, careless and reckless and denied that the Plaintiff Frederick Young
suffered any injuries or damages a direct and proximate result of any negligence, careless and
reckless conduct on the part of the Defendant. By way of further answer, Defendant is without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
7
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Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof
at time oftrial if deemed material.
WHEREFORE, Defendant Cheryl A. Gray respectfully requests that Count I of the
Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendant Cheryl A.
Gray and against the Plaintiff Frederick L, Young,
COUNT n
(Loss of Consortium)
Plaintiff Donna M. Y olln\l v. Defendant
18. Defendant incorporates by reference her answers to the averments in paragraphs 1
through 17 of the Plaintiffs' Complaint as if set forth at length,
19, The averments in this paragraph constitute conclusions of law to which no
response is required, In the event a response is deemed to be required, it is denied that Defendant
Cheryl A. Gray was negligent, careless and reckless and, therefore, denied that the Plaintiff
suffered any injuries as a result of any negligence, carelessness and recklessness on the part of the
Defendant. By way of further answer, Defendant is without information sufficient to form a belief
as to the truth or falsity of the averments concerning the Plaintiff's alleged losses and damages
and, therefore, denies the same and demands strict proof at time of trial if deemed material.
8
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WHEREFORE, Defendant Cheryl A. Gray, respectfully requests that Count n of the
Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendant Cheryl A.
Gray and against the Plaintiff Donna M, Young,
NEW MATTER
By way of additional answer and reply, Defendant Cheryl A. Gray raises the following
new matters:
20, Some or all of the Plaintiffs' claims are barred in whole or in part and/or are
limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa,
C,S.A. ~1701, et seq., and, especially by ~~1705 and 1722 of that law.
21. At the time of the subject accident, Plaintiffs Frederick L. Young and/or Donna M,
Young were limited tort electors and/or were otherwise bound by the limited tort option,
22, Plaintiff Frederick L. Young has not sustained a "serious injury" as defined by the
Pennsylvania Motor Vehicle Financial Responsibility Law,
23, Some or all of the Plaintiffs' claims are barred in whole or in part by the provisions
ofthe Pennsylvania Comparative Negligence Law and/or by the Doctrine of
Comparative/Contributory Negligence,
9
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WHEREFORE, Defendant Cheryl A Gray respectfully requests that the Plaintiffs'
Complaint be dismissed and that judgment be entered in favor of Defendant Cheryl A Gray and
against the Plaintiffs,
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
~~
Attorney 1. D, No. 43812
320 Market Street
p, o. Box 1268
Harrisburg, PA 17108-1268
DATE: (p ( I '1 I ~O
Attorneys for Defendant Cheryl A Gray
45197.1
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VERIFICATION
I, CHERYL A. GRAY, hereby acknowledge that I am the Defendant in this action; that I
have read the foregoing document; and that the facts stated therein are true and correct to the best
of my knowledge, information and belief,
I understand that any false statements herein are made subject to penalties of 18 Pa, C. S,
Section 4904, relating to unsworn falsification to authorities,
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CHKRYLA RAY
DATE:7l0'lL. /d., cJOd cJ
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
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Harrisburg, Pennsylvania, with first-class postage prepaid on the -.1l day of -J f1.1 of
2000, addressed to the following:
Clark De Vere, Esquire
Metzger Wickersbam Knauss & Erb, P.c.
3111 North Front Street
P,O, Box 5300
Harrisburg, P A 171110-0300
GOLDBERG, KATZMAN & SHIPMAN, P.C.
BY~~
John A Statler, Esquire
Attorney I. D, No. 43812
320 Market Street
P.O, Box 1268
Harrisburg, P A 17108-1268
Telephone: (717) 234-4161
Attorney for Defendant Cheryl A Gray
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FREDERICK L. YOUNG and DONNA
M. YOUNG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
NO. 00-2614
CHERYL A. GRAY,
Defendant
mRY TRIAL DEMANDED
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER
20. Conclusions of law, no reply required. If a reply is required, the averments are
denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant does not specifY
how Plaintiffs' claims are barred in whole or in part and/or are limited by the MVFRL and
therefore no reply is required.
21. Conclusions of law, no reply required. If a reply is required, the averments are
denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, there was no proper election
since there was no limited tort election form dated by my clients. Furthermore, Plaintiff
Frederick Young sustained a "serious injury" and was a pedestrian at the time of the accident,
22. Conclusions of law, no reply required. If a reply is required, the averments are
denied pursuant to Pa.R.C.P. No. 1029(e),By way of further reply, Plaintiff has suffered a
"serious injury" as defined by the MVFRL and interpreting case law.
23. Conclusions of law, no reply required. If a reply is required, the averments are
denied pursuant to Pa.R.C.P. Nos, 1029(e) and 1030(note). Moreover, Defendant has failed to
specifY how Plaintiffs are negligent.
Document #: 178103.1
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WHEREFORE, Plaintiffs demand that Defendant's New Matter be dismissed and that
judgment be entered in their favor and against Defendant for the damages claimed in the
Complaint filed in this action plus interest and/or damages for delay and costs of prosecution.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~---,
Clark DeVere, Esquire
Attorney I.D, No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorney for Plaintiffs
Dated: June ;;'1:. 2000
-2-
Document #: 178103.1
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VERIFICATION
""""""".
,
I, Frederick L. Young, hereby certify that the following is correct:
The facts set forth in the foregoing Plaintiffs' Reply to Defendant's New Matter are based
upon information which I have furnished to counsel, as well as upon information which has been
gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs'
Reply to Defendant's New Matter is that of counsel and not my own. I have read the Plaintiffs'
Reply to Defendant's New Matter, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Plaintiffs' Reply to Defendant's New Matter is that of counsel, I have
relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth
in the aforesaid Plaintiffs' Reply to Defendant's New Matter are made subject to the penalties of
18 Pa. C.S.A. g4904 relating to unswom falsification to authorities.
Dated: June 26, 2000
Document #: 178103.1
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VERIFICATION
I,DonnaM. Young, hereby certifY that the following is correct:
. The facts set forth in the foregoing Plaintiffs' Reply to Defendant's New Matter are based
upon information which I have furnished to counsel, as well as upon information which has been
gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs'
Reply to Defendant's New Matter is that of counsel and not my own. I have read the Plaintiffs'
Reply to Defendant's New Matter, and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Plaintiffs' Reply to Defendant's New Matter is that of counsel, I have
relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth
in the aforesaid Plaintiffs' Reply to Defendant's New Matter are made subject to the penalties of
18 Pa. C.S.A. ~4904.relating to unswom falsification to authorities.
J:t t7?vY7A_mJ~
Donna M. Young
Dated: June 26, 2000
Document #: 178103.1
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CERTIFICATE OF SERVICE
I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and correct copy of Plaintiffs' Reply to Defendant's New Matter
with reference to the foregoing action by first class mail, postage prepaid, this .,tli>l<cray of June, 2000
on the following:
Cheryl A. Gray, Defendant
c/o Jolm Statler, Esquire
Goldberg, Katzman & Shipman, P.C.
P.O. Box 1268
Harrisburg, PA 17108
METZGER, WICKERSHAM, KNAUSS & ERB, P .C.
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Clark De V ere, Esquire
Document #: 178103.1
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22'F
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
Kes on behalf of JOHN STATLER, ESQ.
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
.attached to the certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
s~
DATE: 07/31/2000
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-197900 32938-LOl
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Ul THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
DR. WILLIAM H. MILLER
MOTORIST MUTUAL
MEDICAL
INSURANCE
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHN STATLER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local MCS office.
DATE: 07/11/2000
MCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEFENDANT
CC: JOHN STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-lZ7282 3Z938-COl
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COMMON"Vv"EAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FREDERICK L. YOUNG AND
DONNA M. YOUNG
VS
File No. 00-2614 CIVIL
CHERYL A. GRAY
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: DR. WM. MILLER
(Same of Person or Entity)
""'jthin tv,..enty (20) days after sen'ice of this subpoena, you are ordered by the court to produce the foHowing documents or
things: ~ 1''1': A TT Af~I11':n
at MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek. in
advance,the reasonable cost of preparing the copies or producing the things sought.
if you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOY\'ING PERSON:
NAME: JOHN A. STATLER, ESQUIRE
. ADDRESS:320 MARKET STREET
HARRISBURG, PA 17108-1268
TELEPHONE: (215) 246-0900
SUPREME COURT lD ;;:
A TIORNEY FOR: THE DEFENDENT
DATE: ~uly
'7.::2..000
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Prothonotary/Clerk. Civil D" on
'-- ~O/k" _ P ~m/)..rl' J
Dep .
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Seal of the Court
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EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. WILLIAM H. MILLER
121 NYES ROAD
HARRISBURG, PA 17112
RE:32938
FREDERICK LEWIS YOUNG
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
,
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUlO-257562 32938-LOl
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22'F
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOHN STATLER, ESQ.
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attacbed 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: 07/31/2000
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-197901 32938-L02
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
DR. WILLIAM H. MILLER
MOTORIST MUTUAL
MEDICAL
INSURANCE
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHN STATLER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local MCS office.
DATE: 07/11/2000
MCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEFENDANT
CC, JOHN STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-127282 32938-COl
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COMMONYVEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FREDERICK L. YOUNG AND
DONNA M. YOUNG
VS
File No. 00-2614 CIVIL
CHERYL A. GRAY
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: MOTORISTS INSURANCE CO.
(Name of Person or Entit)'}
Within tv."enty (20) days after sen'ic:e 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, #800, PHILADELPHIA,PA 19103
(Address)
You may deHver or mail legible copies of the documents or produce things requested by this subpoena. together with the
certificate of compHance, to the party making this request at the address listed above. You have the righl to seek. in
advance. the reasonable cost of preparing the copies or producing the things sought.
If you fail 10 produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving th.is subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOYVING PERSON:
NAME: JOHN A. STATLER, ESQUIRE
ADDRESS: 320 MARKET STREET
HARRISBURG. PA 17108-1268
TELEPHONE: (215) 246-0900
SUPREME COURT 10 ii:
A ITO&'1EY FOR: THE DEFENDENT
DATE: ..JuJ 1
-^J ;lOon
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ProthonotaryfOe:rk, G\'iI Divis'
an~p ,P ?J{'!?/U~J
Depu.
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Seal of the Court
w..~ ,~
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EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MOTORIST MUTUAL
2674 MONROEVILLE BL YD.
MONROEVILLE, PA 15146
RE: 32938
FREDERICK LEWIS YOUNG
CLAIM NO. 3-440773
1ST PARTY BENEFITS RECORDS
Any and all claims files.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
,
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
Date of Loss: 03/18/1999
SUI0-257564 32938-L02
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN STATLER, 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: 11/01/2000
n~~on.Jh~_.of
~~~~;;~ESQ.
Attorney for DEFENDANT
DEll-215971 32938-L03
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-vs-
CASE NO: 00-2614-CIVIL
GRAY
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
ALAN D. ROUMN, M.D.
MEDICAL
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHN STATLER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may he 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 10cal
MCS office.
DATE: 10/12/2000
MCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEFENDANT
CC: JOHN STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP IRC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-134491 32938-COl
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FREDERICK L.YOUNG AND DONNA M. YOUNG
VS
CHERYL A. GRAY
File No. 00-2614 CIVIL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: DR. ALAN ROUMM
(Name of Penon or Entity)-
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foJlowing documents or
things: SF.F. ATTAr.HF.D
at MCS GROUP INC,1601 MARKET ST., #800, PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
!\'AME: JOHN A. STATLER. ESO.
ADDRESS: 320 MARKET ST.PO BX 1268
HARRISBURG, PA 17108
TELEPHONE: (215) 246-0900
SUPREME COURT ID It:
ATTORNEY FOR: 'I'HF nFFF1\11)AN'I'
DATE: rJJnltwr 9, Jom
Seal of the.Court
(Eff. 7/97)
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EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ALAN D. ROUMN, M.D.
650 POPLAR CHURCH RD.
CAMP HILL, PA 17011
RE: 32938
FREDERICK LEWIS YOUNG
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consUltation, care or treatment.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
728 S. 80TH STREET, HARRISBURG, PA 17111
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUI0-271068 3293B-L03
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOEllA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
FREDERICK L. YOUNG & DONNA M. YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
CHERYL A. GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN A. STATLER, ESQUIRE
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 I. Identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 11/27/2000
a3../~~f
~ A. STATLER, ESQUIRE
Attorney for DEFENDANT
DEll-220951 43895 -LOl
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CO~ONWEA.LTH OF PENNSYLVANIA.
COUNTY OF CUMBERLAND
III TIIIB MATTEB. 0': COURT 0' COMMOB PLEAS
PBEDElUCK L. YOUNG (, DOBHA K. YOUNG TEllM.,
-VS- CASE BO: 00-2614-CIVlL
CBEllYL A. GRAY
NOTICE OF INTElf'r TO SERVE A SUBPOENA TO PRODUCE DOl;uJlJlSIlI"rS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DB.. B.OBEB.T L. GREElI
DB..'S O'BB.YAN.LEISURE,WIllEBURG
DB.. IIEVIlI BLACK
MImlCAL
MImlCAL
MImlCAL
TO: CLAllI: DEVEBE, ESQUIRE
MCS on behalf of JOHN A. STATLER, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days frOB 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 ezpense by completing-
!the attached counsel card and returning same to KCS or by contacting our local
MCS office.
DATE: 11/06/2000
KCS on behalf of
.JOHN A. STATLER. ESQUlU
Attorney for DEP'ENDAft
CC: .JOIIII A. STA1'LBR. ESQUIRE
- 22740-938
Any questions regarding this matter, contact
TIlE KCS GROUP IBC.
1601 MAllDT STREET
#800
PHILADELPHIA. PA 1910)
(215) 246-0900
DE02-136728 43 S 9 5 - C 0 1.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
YOUNG
VS
File No.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
.
TO: CUSTODIAN OF RECORDS FOR: DR. ROBERT L. GREEN, D.O./DR.MICHAEL J. WOOD
(Name of Penon or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103"
(Ad_.)
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 requlred 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:
ADDRESS:
JOHN A. STATLER, ESQ.
320 MARKET ST.
'RAllll,!,~lUTVr-. VA 171ns:t
TELEPHONE: 215-246-0900
SUPREME COURT 1UI;
ATTORNEY FOR: DEFENDANT
D ATE: 71 N ,;.....};.u... ,}. .2 o-uo
BYTHECOU~
rh . :t'-;""thon~ ~ Olvi.ion
r;. '{". (J 1l.1 Jilt) .~ ,
Deputy
Seal of the Court
(Eff. 7/97)
'~""
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. ROBERT L. GREEN
ARLINGTON ORTH. CLINIC
875 S. ARLINGTON AV.
HARRISBURG, PA 17109
RE: 43895
FREDERICK LEWIS YOUNG
ALSO ANY AND ALL RECORDS FROM DR. MICHAEL J. WOOD.
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
,
Social Security #: 192.30-1548
Date of Birth: 12-18-1939
SUI0-275480 43895-LOl
~_. ~-,,-,
..
A.. - i/!im#~r
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
FREDERICK L. YOUNG & DONNA M. YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
CHERYL A. GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN A. STATLER, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/27/2000
JOHN A. STATLER, ESQUIRE
Attorney for DEFENDANT
DEll-220952 43895 -L02
,
~ -
, ,,~
CO~ONWEA.LTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
III TIlE MATTER OF: COURT OF COMMOII PLEAS
FREDERICK L. YOUNG Ii DOIIIIA K. YOUNG TEBK.
-VS- CASE 110: 00-2614-CIVIL
CHERYL A. GRAY
NOTICE OF UI'J:JS1\I1' TO SERVE A SUBPOENA TO PRODUCE DOCtJllBN'rS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DR. ROBERT L. GllEEII
DR. 's 0' BRYAlI, LEISUIlB, WIllEBURG
DR. IEVDf BLACX
MEDICAL
MEDICAL
MEDICAL
TO: CLARK DEVERE, ESQUIRE
MeS on behalf of JOBII A. STATLBll. 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 whicb to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty. day notice period is
_ived 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 sane to MeS or by contacting our local
MeS office.
DATE: 11/06/2000
MeS on behalf of
JOBII A. STATLBll, ESQUIRE
Attorney for DEPEllDANT
cc: JOBII A. STA'fLD.. ESQUIRE
- 22740-"8
Any questions regarding this matter, caatact
TIlE MeS GROUP DC.
1601 MA1lDT STRD'i'
#800
PBILADELPBIA, PA 19103
(215) 246-0900
D802-136728 4389S-COl
!-.i,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
YOUNG
VS
FileNo.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
.
TO: CUSTODIAN OF RECORDS FOR: DR. O'BRYAN; DR. LEISURE; DR.WINEBURGH, LEBANON VA MEDICAl
(Name o{Pelson or Entity) CENTEF
Within twenty (20) days after service of this subpoena, you~ ordered by the courlto produce the foUowing documents or
things: SEE ATTACllED
at MCS GROUP INC., 1601 MARKET ST., 1/800,PHILA.,PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or produdng 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 connply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JOHN A. STATLER, ESQ.
ADDRESS: 320 MARKET ST.
PAl'n~i''''(;'. i'A 1710S
TELEPHONE: 215'-246-0900
SUPREME COURT IIU;
ATIORNEY FOR: DEFENDANT
DATE: nrl~~.:J. ,;)fJ7J"l)
BY TYlE COUp: ~
r1n-r..J~' t... yo
Protho..otaIy. edcf'Clvll Division
q'-Y-L
a. 'fro d;L ./
Deputy
Seal of the Court
(Ef( 7/<fT)
-
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......"-.~l.;;..i
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR.'S O'BRYAN,LEISURE,WINEBURG
LEBANON VA MEDICAL CENTER
1700 S. LINCOLN AVE.
LEBANON, PA 170427597
RE: 43895
FREDERICK LEWIS YOUNG
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
,
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUlO-275482 43895-L02
-
":b.::-i'J.i1
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
FREDERICK L. YOUNG'& DONNA M. YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
CHERYL A. GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN A. STATLER, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 11/27/2000
JOHN A. STATLER, ESQUIRE
Attorney for DEFENDANT
DEll-220953 43895-L03
-,
....... a>',*,
CO~ONWE.ALTH OF PENNSYLVANIA.
COUNTY OF CUMBERLAND
DI THE MATTER OF: COURT OF COMMON PLEAS
FREDERICK L. YOUNG I< DONNA M. YOUNG TERM,
-VS- CASE NO: 00-2614-CIVIL
CHERYL A. GRAY
NOTICE OF INTENT 'l'O SERVE A SUBPOENA 'l'O PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURsUANT 'l'O RULE 4009.21
DR. ROBERT L. GREEN
DR. 's O'BRYAN,LEISURE,WINEBURG
DR. KEVIN BLACK
MEDICAL
MEDICAL
MEDICAL
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHN A. STATLER, 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 the twenty. day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 11/06/2000
MCS on behalf of
JOHN A. STATLER, ESQUIRE
Attorney for DEFEJIDANT
CC: JOHN A. STATLER, ESQUIRE
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-136728 43895-COl
-
'.
~-,
~"~."""'"h
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
YOUNG
VS
File No.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
.
TO: CUSTODIAN OF RECORDS FOR: DR. KEVIN BLACK, HERSHEY MEDICAL CENTER
(Name of P......n or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc:uments or
things: SEE ATTACHED
at
MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103
(Add....,
Vou may deliver or mail legibte copies of the doc:uments or produc:e things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the addrfts listed above. Vou 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 doc:uments 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 <CIon'" with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF mE FOLLOWING PERSON:
NAME:
ADDRESS:
JOHN A. STATLER, ESQ.
'320 MARKET ST.
lfA'DDT'i!"RTTDr:!~ pj 17109
TELEPHONE: 215-246-0900
SUPREME COURT.1e
ATIORNEY FOR: DEFENDANT
DATE:
7Un~:l .2 o-W
,
BY~OU~: L;, _.'
Prothonotaay~~CiVI1 Division
~u
I
.
(} 71,.1/.._.
Deputy
Seal of the Court
(Eff. 7/97)
".
""",",--,,--
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. KEVIN BLACK
PENN STATE SPORTS MEDICIN
500 UNIVERSITY DR.
HERSHEY, P A 17033
RE: 43895
FREDERICK LEWIS YOUNG
Any and all records, correspondence, files and memorandums, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
,
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUlO-275484 4389S-L03
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
YOUNG
.
VEL
GRAY
NO. 002614
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 APRIL STRANG-KUTAY, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
r< 2/7/01
/ (, ,.
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File #: M270951 " ,';'<,;.
\h
APRIL STRANG-KUTAY, ESQUIRE
GOLDBERG KATZMAN & SHIPMAN
PO BOX 1268
HARRISBURG, PA 17108
717-234-4161
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-3590
By: Christine Janiszewski
"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
YOUNG
.
. Va.
GRAY No. 002614
TO: CLARK DEVERE, ESQ
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVlERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) 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.
Date:
1/16/01
APRIL STRANG-KUTAY, ESQUIRE
GOLDBERG KATZMAN & SHIPMAN
PO BOX 1268
HARRISBURG, PA 17108
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO.
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3336
By: Christine Janiszewski
Enc(s): Copy of subpoena(s)
Counsel return card
File #: 11270951
OHf)NNEALTH OF PmNSYLVANIA
cnJNl'Y OF CllMBlmAND
YOUNG
,,{S.
002614
File No.
GRAY
SUBPOENA TO PROOUcE DOC:1.t'ENTS OR lli I NGS
FOR 0 I SOOVERY ~SUANT TO RULE 4009.22
TO: DR WILLIAM RICHWINE
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doc:unent!l or things:
**SEE ATTACHED ADDENDUM**
d . Inc 4940 D'sston ~t ~n~la FA 1~13S
Medical Legal Repro uct~ons .
at
(Address)
You may deliver or mail legible copies of the docunents or produce things requested b)
this subpoena, together with the certificate of carpliance, to the party making thi"
request at the address listed above. You have the right to seek in advance the rea~.onab le
cost of preparing the copies or producing the things sought.
If you fail to produee the docunents or things required by this subpoena within tli'lenty
(20) days after its serv~ce, the party serving thi5 subpoena may seek a court orde'-
carpe 11 ing you to carp ly with it.
llilS SUBPOENA WAS ISSUED AT 1liE REQUEST OF 1liE FOLLONING PERSON:
APRIL STRANG-KUTAY, ESQ
AOORESS:PO BOX 1268
-HARRISBURG PA 17108
NAI'E :
(215) 335-3212
TELEPH:lNE:
SlPRe-E G(UlT 10'
ATTORNEY FOR: DEFENDANT
DATE~-O{
Sea 1 of the Court
y
(Eff. 1/97)
-
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ADDENDUM TO SUBPOENA
YOUNG
vs.
No. 002614
GRAY
CUSTODIAN OF RECORDS FOR: DR WILLIAM RICHWINE
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: FREDERICK L YOUNG
ADDRESS: 728 S 80TH ST HARRISBURG PA
DATE OF BIRTH: 12/18/39
SSAN: 192301548
CERTIJ<lED PHOTOCOPIES OF THE RECORDS WILL BE
ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M270951-01
.-~
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE POOTHOOOTARY OF CUMBERLAND COUNTY
Please list the fallowing case:
(Check one)
x
for JURY trial at the next tenn of civil court.
for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
FREDERICK L. YOUNG and DONNA M. YOUNG,
( X ) Civil Action - Law
Appeal from Ami tration
(other)
( plaintiff)
vs.
CHERYL A. GRAY
The trial list will be called on 04/03/01
and
Trials commence on April 30, 2001
(Defendant)
Pretrials will be held on April 11, 2001
(Briefs are due 5 days before pretrials. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 2614
Civil Action - Law
XlI 2000
Indicate the attorney who- will try case for the party who files this praecipe:
Clark DeVere, Esquire, c/o Metzger, Wickersham, Knauss & Erb, P.C.
P.O. Box 5300, Har,isburg, PA 17110-0300; Counsel for Plaintiff(s)
Indicate trial counsel for other parties if known: John A. Statler, Esquire,
c/o Goldberg, Katzman & Shipman, P.C., 320 Market Street, Strawberry Square,
P.O. Box 1268, Harrisburg, PA 17108-1268; Counsel for Defendant
This case is ready for trial.
Signed:
~
-:;--.,
Print Name: Clark DeVere, Esquire
Date: ,,2/018/01
,
Attorney for:
Plaintiffs
1!ItI!II!_~I.I~~IIiilII~"U!iilrllffi-~""- <-~'. '''':~;''':I-""",""",,,""",,,;iI:>.'/il'''''-''iill!l_~~l8ild.Iiilll_'
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN STATLER, 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: 03/05/2001
lf of
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-238336 32938 -LO 4
..
'llIlc'"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
YOUNG TERM,
-VS- CASE NO: 00-2614-CIVIL
GRAY
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
COHMllNITY IMAGING ASSOCIATES
COHMllNITY GENERAL HOSPITAL
PENN ST. GEISINGER
PENN ST. GEISINGER
VA MEDICAL CENTER
X-RAY OIlLY
X-RAY OIlLY
X-RAY OIlLY
X-RAY OIlLY
X-RAY OIlLY
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHN STATLER, ESQ. intends to serve a suhpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 02/12/2001
MCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEFENDANT
CC: JOHN STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-144927 32938-COl
--
.-" j~
COMMONWEAL T..H OF PENNSYLVANIA
. COUNTY OF CUMBERLA.."iD
YOUNG
VS
File No.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUME.~lS OR THINGS
FOR DISCOVERY PURSUA..1'I.ol TO RULE 4009 .,.,
TO:
CUSTODIAN OF RECORDS FOR: COMMUNITY IMAGING ASSOCIATES
(Name of Person or E..'"'lti~.)
v\"ithin rv-'e:"l~' (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE A TT ACHED
MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103
at
(Addr...)
You may deiiyer or mail legible copies of the documents or produce tlUngs requested by this subpoena. together with the
certificate a: compliance, to the party making this request at the address listed above. You have the right to .eek, in
ad,'ance. the "",sonable cost of preparing the copies or producing the tlUngs sought.
If you fail to ?=,oduce the documents or things required by this subpoena. ",'itr.m twenty (20) cays after its sen.-ice, the party
sen.'ing this s\:bpoena may seek a court order compelling you to comply with it.
THIS SLllPOENA WAS ISSUED ATTIJ:E REQUEST OF THE FOLLOWING PERSON:
NAME: TOHN S1'A1'T RR RSO
ADDRESS: 320 MARKET ST., PO BX 1268
HARRTSBllRG. PA 17108
TElEPHO~~ 215-246-0900
SUPREME COURT ID #:
AITOR.'\EY FOR:Di"i~TDH'T
BY THE COURT:
DATE:
~.J ,?, 02M'/
Deputy
Seal of the Court
(Efr. 7/97)
0-
~,
"0 ll,;.k,
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
COMMUNITY IMAGING ASSOCIATES
865 S. ARLINGTON AVENUE
HARRISBURG, PA 17109
RE: 32938
FREDERICK LEWIS YOUNG
ANY AND ALL ACTUAL FILMS OF MRI - L KNEE, DATED 5/18/99.
Any and all X-Rays pertaining to patient.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
728 S. 80TH STREET, HARRISBURG, PA 17111
Social Security #: 192.30.1548
Date of Birth: 12-18-1939
SUlO-290052 32938 -LO 4
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN STATLER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 03/05/2001
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-238337 32938-LOS
,',-. J' ,L
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
YOUNG TERM,
-vs- CASE NO: 00-2614-CIVIL
GRAY
NOTICE OP INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS POR DISCOVERY PURSUANT TO RULE 4009.21
COHMllllITY IMAGING ASSOCIATES
COMHllNITY GENERAL HOSPITAL
PENN ST. GEISINGER
PENN ST. GEISIHGE1I.
VA MEDICAL CENTER
X-RAY ONLY
X-RAY ONLY
X-RAY ONLY
X-RAY ONLY
X-RAY ONLY
TO: CLARK DEVE1I.E, ESqUIRE
KCS on behalf of JOBH STATLER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days frOlll 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
KCS office.
DATE: 02/12/2001
KCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEFEHDART
CC: JOBH STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE KCS GROUP IRC.
1601 IfARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-144927 3293S-COl
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLA..."iD
YOUNG
VS
File So.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOctJME.'\-rS OR THINGS
FOR DISCOVERY PURSUA.I\-r TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: COMMUNITY GENERAL OSTEOPATHIC HOSPITAL
(Name of Penon or' Etltity)
Within twen~' (20) days after service of this subpoena, you are ordered by tht! court to produce the following documents or
things: SEE ATTACHED
MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103
at
(Addffils)
You may deii"'r or mail legible copies of the documents or produce things re<;uested by this subpoena. together with the
certificate o! compliance, to the party making this request at the address listed .above. You ha\'e the right to seek. in
ad,'ance.the ,...onable cost of preparing the copies or producing the things sought.
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If you fail tc roduce the documents or things required by this subpoena.. ~'it.\....in twenty (20) days after its service, the party
ser\'ing this s-..:opoena may seek a court order compelling you to comply ",;th i:...
THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
SAME: TORN S'1'A'1'T FR FSO
ADDRESS: 320 MARKET ST., PO BX 1268
llARRTSl\URG. FA 17108
TELEPHOSE: 215-246-0900
SUPREME COURT ID #:
ATTOR.-;EY FOR:m,H~'Dn''1'
BY THE COURT:
DATE:
r:h~. .5 ;::;a:J /
Deputy
Seal of the Court
(Eff i /97)
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EXPlANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
COMMUNITY GENERAL HOSPITAL
4300 LONDONDERRY RD.
P.O. BOX 3000
HARRISBURG, PA 17105
RE: 32938
FREDERICK LEWIS YOUNG
ANY AND ALL ACTUAL FILMS, PLAIN RADIOLOGY VIEWS R & L KNEE ON 2/5/97.
Any and all X-Rays pertaining to patient.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
728 S. 80TH STREET, HARRISBURG, PA 17111
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUI0-2900S4 32938-LOS
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN STATLER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 03{05/2001
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-238338 32938 -L06
. ,
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
YOUNG TERM,
-vs- CASE NO: 00-2614-CIVIL
GRAY
NOTICE OF INTENT '1'0 SERVE A SUBPOENA '1'0 PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUART '1'0 RULE 4009.21
. COMMllHITY IMAGIlIG ASSOCIATES
COMMllHITY GENERAL HOSPITAL
PENH ST. GEISIlIGER
PENH ST. GEISIlIGER
VA MEDICAL CERTER
X-RAY ONLY
X-RAY'ONLY
X-RAY ONLY
X-RAY ONLY
X-RAY ONLY
TO: CLARX DEVERE, ESQUIRE
MCS on behalf of JOHN STATLER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days fram 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 _y be served. Complete
copies of any reproduced records _y be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 02/12/2001
MCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEPERDAIIT
CC: JOHN STATLER, ESQ.
- 22740-938
Any questions regarding this _tter, contact
THE MCS GROUP IlIC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-144927 3293 a - C 0.1
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COMMONWEAL T,H OF PENNSYLVANIA
COUNTY OF CUMBERLA...'iD
YOUNG
VS
file So.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUME.,."lS OR THINGS
FOR DISCOVERY PURSUA..'l TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: PENN STATE GEISINGER
{Namr of Penon or E.."'ltiry)
v\'!hhin twen::" (20) days after sen'ice of this subpoena. you are ordered. by th~ court to produce the following documents or
things: SEE ATTACHED
MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103
at
(Addns.)
You may deih.er or mail legible copies of the documents or produce things re-quested by this subpoena. together with the
certificate of compliance. to the party making this request at the address listed above. You ha\'e the right to seek, in
advance, the ",..onable cost of preparing the copies or producing the things sought.
1I you fail to ?,="oduce the documents or things required by this subpoena.. ""it:-..in twenty (20) cays after its ser\'ice, the party
sen'ing this 5~bpoena may seek a court order compelling you to comply ",-ith it.
THIS SL"BPOEN A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
SAME: TOHN STATT 1'11 RSQ.
ADDRESS: 320 MARKET ST., PO EX 1268
HA11RTSBURG. FA 17108
TELEPHOS=: 215-246-0900
SUPREME COURT ID #:
AITOR.'\EY FOR: ViVlnW ANT
BY THE COURT:
DATE:
~~, .5 d~t:J1
Prothono
Deputy
Seal of the Court
(Eff. i /97)
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EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PENN ST. GEISINGER
500 UNIVERSITY DRIVE
P.O. BOX 850
HERSHEY, P A 17033
RE: 32938
FREDERICK LEWIS YOUNG
ANY AND ALL AcruAL FILMS OF PLAIN RADIOLOGY VIEWS L - TIB/FIB FILM
2/19/99.
Any and all X-Rays pertaining to patient.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
728 S. 80TH STREET, HARRlSBURG, PA 17111
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SU10-290056 32938-L06
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
'As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN STATLER, 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
servedf
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 03/05/2001
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-238339 32938-L07
~--~ ~~~l!<I.'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
YOUNG TERM,
-VS- CASE NO: 00-2614-CIVIL
GRAY
NOTICE OF INTEN'.r TO SERVE A SUBPOENA TO PRODUCE DOCOMEN'.rS AND
THINGS FOR DISCOVERY PURSUANT TO ROLE 4009.21
COHKUHITY IMAGING ASSOCIATES
COHKUHITY GENERAL HOSPITAL
PENH ST. GEISINGER
PENH ST. GEISINGER
VA MEDICAL CERTEB.
X-RAY ONLY
X-RAY 'ONLY
X-RAY ONLY
X-RAY ONLY
X-RAY ONLY
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHH STATLER, ESQ. intends to serve a suhpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed belov in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 02/12/2001
MCS on behalf of
JOHH STATLER, ESQ.
Attorney for DEFENDANT
CC: JOHH STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-144927 32938 - C 01
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COMMONWEALTH OF PENNSYl. VANIA
COUNTY OF CUMBERLA..'-m
YOUNG
VS
FileNo.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUMThlS OR THI~GS
FOR DISCOVERY PURSUA..!\i TO RULE 4009.22
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TO: CUSTODIAN OF RECORDS FOR: PENN STATE GEISINGER
(Name of Person or E:tri~.)
("dare..)
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\-\"ithin ty..'e:"l::,!" (20) days after service of this subpoena. you are ordered by th~ court to produce the fallowing documents or
things: SEE ATTACHED
at
MCS GROUP INC.,1601 MARKET ST., 11800, PHILA.,PA 19103
You may deihoer or mail legible copies of the documents or,produce things requested by this subpoena. together with the
certificate <T. compliance, to the party making this request at the address listed ~bove. You h~ve the righllo seek. in
ad,'ance, the ",..onable cost of preparing the copies or producing the things sought.
I;
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If you fail to ?,=,oduce the documents or things required by this subpoena.. y.;thin twenty (20) days after its service. the party
serving this st.:bpoena may seek a court order compelling you to comply y.;th i:..
THIS SlllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PEnSON:
!\'AME: TnHN S1'A1'T1<:R 1<: so
ADDRESS: 320 MARKET ST., PO BX 1268
HARRTSBURG. PA 17108
TELEPHON~ 215-246-0900
SUPREME COURT ID #:
ATTORXEY FOR= DiVi]\W ^l\T'T'
BY THE COURT:
DATE:
~j - .5 0200/
Deputy
Seal of the Court
(Eff. 7/97)
I-'~!lliim,j,'
EXPlANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PENN ST. GEISINGER
500 UNIVERSITY DRIVE
P.O. BOX 850
HERSHEY, PA 17033
RE: 32938
FREDERICK LEWIS YOUNG
ANY AND ALL AcruAL FILMS OF PLAIN RADIOLOGY VIEWS OF L-KNEE 3-4 VIEWS
3/18/99.
Any and all X-Rays pertaining to patient.
Dates Requested: up to and including the present.
Subject: FREDERICK LEW1S YOUNG
728 S. 80TH STREET, HARRISBURG, PA 17111
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUI0-290058 32938 -LO 7
""''''''''''
!lIi!AA..,
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
YOUNG
TERM,
-VS-
CASE NO: 00-2614-CIVIL
GRAY
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
JOHN STATLER, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
MCS on behalf of
DATE: 03/05/2001
JOHN STATLER, ESQ.
Attorney for DEFENDANT
DEll-238340 32938 -L08
~~ -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
COURT OF COMMON PLEAS
YdUNG
TERM,
-VS-
CASE NO: 00-26l4-CIVIL
GRAY
NOTICE OP IN'l'EN'l' TO SERVE. A SUBPOENA TO PRODUCE DOCUMEN'l'S AND
TJlINGSPOR DISCOVERY PURSUANT TO RUIJ!C 4009.21
CONtUIIITY IMAGING ASSOCIATES
CONtUIIITY GEIlEllAL HOSPITAL
PEIllI ST. GEISINGER
PEIllI ST. GEISINGER
VA MEDICAL CENTEll
X-RAY ONLY
X-RAY'ONLY
X-RAY ONLY
X-RAY ONLY
X-RAY ONLY
TO: CLARK DEVERE, ESQUIRE
MCS on behalf of JOHN STATLER, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 02/12/2001
MCS on behalf of
JOHN STATLER, ESQ.
Attorney for DEl'ENDAlI'l
CC: JOHN STATLER, ESQ.
- 22740-938
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 HARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-144927 32938-CO.1
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COMMONW'EAL T.H OF PENNSYLVANIA
COUNTY OF CUMBERL.-\';'iD
YOUNG
VS
FileNo.
00-2614-CIVIL
GRAY
SUBPOENA TO PRODUCE DOCUMThlS OR THINGS
FOR DISCOVERY PURSUAAl TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR:V.A. MEDICAL CENTER
(Namr of Prrson or Entity)
Within twt!rr:y (20) days after service of this subpoena, you are ordered by the court to. produce the following documents or
things: SEE ATTACHED
MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103
at
(Address)
You may deih'er or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance. to the party making this request at the address listed above. You have the right to seek, in
advance. the ",..onable cost of preparing the copies or producing the things sought.
If you fail to ;>:oducethe documents or things required by this subpoena. within twenty (20) da~'s after its service, the party
serving this subpoena may seek a court order compelling you to comply with r_
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: TOHN S'l'A'l'l',RR. RSQ.
ADDRESS: 320 MARKET ST., PO BX 1268
HARRTSRlJRG. PA 171 08
TELEPHONE: 215-246-0900
SUPREME COURT 10 It:
ATTOR.'\EY FOR: DJl1l11Ml:> A}lT
BY THE COURT:
DATE:
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Deputy
Seal of the Court
(Eff.? / 97)
~~
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EXPlANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
VA MEDICAL CENTER
1700 S. LINCOLN AVE.
LEBANON, PA 17042
RE: 32938
FREDERICK LEWIS YOUNG
ANY AND ALL ACTUAL FILMS OF PLAIN RADIOLOGY VIEWS BILATERAL KNEES
1114/97. CASE NO.#240 - 11104/97
Any and all X-Rays pertaining to patient.
Dates Requested: up to and including the present.
Subject: FREDERICK LEWIS YOUNG
728 S. 80TH STREET, HARRISBURG, PA 17111
Social Security #: 192-30-1548
Date of Birth: 12-18-1939
SUlO-290060 32938-L08
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FREDERICK L. YOUNG and DONNA
M. YOUNG,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
vs.
CIVIL ACTION - LAW
NO. 00-2614
CHERYL A. GRAY,
Defendant
JURY TRIAL DEMANDED
PLAINTIFFS' PRAECIPE TO SETTLE. DISCONTINUE AND END
Kindly mark the above action by Plaintiffs Frederick 1. and Donna M, Young
settled, discontinued and ended.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C,
By: ~ -~,(L
Clark DeVere, Esquire
Attorney I.D, No. 68768
321 I North Front Street
P,O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiffs
Dated: /o/~/o(
Document #: 217454.1
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of Oc b ~ ,
2001, addressed to the following:
Clark DeVere, Esquire
Metzger Wickersham Knauss & Erb, P.C.
3111 North Front Street
P.O. Box 5300
Harrisburg, PAl 71 I 10-0300
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By'\fl.;:j
John A. Statler, Es .
Attorney!. D. No. 43812
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendant Cheryl A. Gray
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