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HomeMy WebLinkAbout02-5805 KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire Attorney No. 49442 1311 spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) JAMES LEWIS and GWENDOLYN LEWIS, h/w 50 Kellys Dam Road Danville, PA 17821 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION AT LAW QUALITY INN RIVERVIEW 501 N. Enola Road Enola, PA 17025 No. O~ -SPCJS C?~tJfT~ PRAECIPE TO THE CLERK OF THE SAID COURT: Kindly issue a summons in civil Action in the above- captioned matter. KRAFT & KRAFT, P.C. BY: laintiff (s) ;tJ p ~ #-1.~ ~ l;:; Ii'- () ~ ~ :-U ~fp.: -ft (") ~ -r.JG [1"1 fl. m~ "",:>{"", ~~;--- ;0- S:' :':.:j -" o f'v n i-Ti c""') I Ul :.:-1 ~ "~ 8 , =-~I Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS JAMES LEWIS AND GWENDOLYN LEWIS HfW 50 KELL YS DAM ROAD DANVILLE, PA 17821 Court of Common Pleas Plaintiff Vs. No. 02-5805 CIVIL TERM In CivilAction-Law QUALITY INN RlVERVIEW 501 N. ENOLA ROAD ENOLA, PA 17025 Defendant To QUALITY INN RlVERVIEW You are hereby notified that JAMES LEWIS AND GWENDOLYN LEWIS, H/W the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary ~ ~Q-?'," .P.2J{~ Deputy Date DECEMBER 5, 2002 Attorney: Name: JAMES M. DESANTO, ESQUIRE Address: KRAFT & KRAFT, P.c. 1311 SPRUCE STREET PHILADELPHIA, PA 19107 Attorney for: Plaintiff Telephone: 215-546-5100 Supreme Court ID No. 49442 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05805 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEWIS JAMES ET AL VS QUALITY INN RIVERVIEW RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon QUALITY INN RIVERVIEW the DEFENDANT , at 1850:00 HOURS, on the 12th day of December, 2002 at 501 N ENOLA ROAD ENOLA, PA 17025 by handing to MICHELLE BELLE, MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 ~~ "'.;/ ,'".~ r.,.,~~', ,,,, (q "pi"#'....:;..=?" .-.:.,. '" V~:Y-'c:.,-".;. ;I"r.~r..... R. Thomas Kline Sworn and Subscribed to before 12/13/2002 KRAFT & KRAFT By: JJ()- 'r~~erif;- me this i""{ day of /, , I ~". ,1.L'V_:; A. D. } ~. () ~ ~ rothonotary JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-05-805 QUALITY INN RIVERVIEW, Defendant ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Kindly enter the appearance of the undersigned on behalf of Defendant, Quality Inn Riverview, in the above referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: :3 '6\ bl\ ! i 1 BY: . /' /0 Jos(j;phF. 'urph , Eire 420b Cmms Mi Road SuiteB Harrisburg,PA 17112 l.D. No. 78119 (717) 651-3509 Attorney for Defendant JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 2002-05-805 QUALITY INN RNERVIEW, Defendant CERTIFICATE OF SERVICE I, Ellen M. Palmer, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 18~ day ot"V'();\c.!\ , 2004, I served a true and correct copy of the foregoing document via United States First Class Mail, postage pre-paid as follows: James M. DeSanto, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 {[~I\~Q;ILt~ . Ellen M. Palmer (') c ... """\. r--> C::::J ~ () 'lj --1 ;:I~ I', p..) N tD ." -' JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 5,fC$ v. QUALITY INN RIVERVIEW, Defendant PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiffs, James Lewis and Gwendolyn Lewis, to file a Complaint within twenty (20) days hereof or suffer judgment non pros. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN :,' DATE: ~~b'-\ BY: 'lJ Jos . Murph, quire 4200 Crums I Road Suite B Harrisburg, PA 17112 I.D. No. 78119 (717) 651-3509 Attomey for Defendant March 22, 2004, Rule to file a Canplaint Issued. Curtis R. Long, Protho ~ JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002- S?D.S QUALITY INN RIVERVIEW, Defendant CERTIFICATE OF SERVICE I, Ellen M. Palmer, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I~~ day *~\OJ\~ ,2004, I served a true and correct copy of the foregoing document via United States First Class Mail, postage pre-paid as follows: James M. DeSanto, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 ~ W\~1lt1 - Ellen M. Palmer ~. "- (') r= , ... ...., <= c::-;, ~- :::,,:,w -~ r'-.) "0 ::~~" \.,J -.l KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire Attorney No. 49442 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) JAMES LEWIS and GWENDOLYN LEWIS, h/w 50 Kellys Dam Road Danville, PA 17821 vs. QUALITY INN RIVERVIEW 501 N. Enola Road Enola, PA 17025 COURT OP COMMON PLEAS OF CUMBER~~ COUNTY, PA CIVIL ACTION AT LAW No. 2002-5805 CIVIL ACTION COMPLAINT "NOTICE II rryou have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. you may lose money or property or other rights important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 "AVISOll "Le han dernandado a usted en la corte. 8i usted quiere defenderse de este demandas expuestas en las paginas siguientes ,usted tiene veil1te (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escri ta sus defensas 0 sus obj ecioneEl alas dernandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara rnedidas y puede continuar la dernanda en contra suya sin previo aviso 0 nCltification. Ademas, la corte puede decidir a favor dei dernandante y requiere que usted curnpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u ostros derechos irnportantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABJIJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIRI<SISTENCIA LEGAL." KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire Attorney No. 49442 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) JAMES LEWIS and GWENDOLYN LEWIS, h/w 50 Kellys Darn Road Danville, PA 17821 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION AT LAW QUALITY INN RIVERVIEW 501 N. Enola Road Enola, PA 17025 No. 2002-5805 CIVIL ACTION COMPLAINT 1. Plaintiffs are husband and wife residing at the above address. 2. Defendant is a corporation doing business Commonwealth of Pennsylvania with a registered office principal place of business at the above address. in the and/or 3. At all times material hereto, defendant owned, occupied, leased, controlled and/or maintained the premises known as 501 N. Enola Road, Enola, Cumberland County, PA. 4. At all times material hereto, defendant acted by agents, servants, workmen and/or employees acting within the scope and course of their employment. 5. On or about January 6, 2001, plaintiff, James Lewis, was walking on the sidewalk of the aforesaid premises adjacent to the parking lot when he was cause to slip, stumble, trip and/or fall as a result of an accumulation of ice which was a defective condition then and there existing which caused him to sustain injuries and damages, the details of which are set forth hereinafter. 6. The aforesaid icy condition was caused by a defect in the roof and/or gutter of defendant's premises, said defective condition allowing the water to drip down and/or accumulate onto the aforesaid sidewalk. 7. Prior to the date of the said accident, defendant had direct knowledge of the above described condition of the roof and/or gutter and the resulting icy condition on the sidewalk and/or it existed for such a length of time that defendant knew and/or should have known of its existence. 8. The negligence and carelessness of defendant consisted of the following: a. Failing to maintain the premises in a non- defective condition which would protect and safeguard persons lawfully thereon; b. Permitting the premises to remain in a defective condition so as to constitute a danger, menace, nuisance and/or trap for persons lawfully on said premises; c. Failing to have inspected said premises at reasonable intervals in order to determine the condition of said premises; d. Failing to warn persons using said premises of the aforesaid defective conditions; e. Permitting the aforesaid roof and/or gutter and sidewalk to be and remain in an unsafe and dangerous condition, all of which the defendant, its agents, servants, workmen and/or employees in the exercise of reasonable care and prudence should and could have known; f. Failing to provide adequate lighting of the area in question; and g. Otherwise failing to exercise due and proper care under the circumstances. COUNT I JAMES LEWIS VB. QUALITY INN RIVERVIEW 9. By reason of the negligence a.nd carelessness of the Defendants as hereinbefore alleged, Plaintiff suffered severe and permanent inj uries to his bones, muscles. tendons, ligaments, discs, nerves, head, neck, shoulders, arms, elbows, back, chest, stomach, legs, knees and body including but not limited to: head, neck, back and extremities. Plaintiff suffered internal injuries of an unknown nature. He suffered severe and permanent aches, pains, mental anxiety and anguish, severe shock to his entire nervous system and other injuries and/or aggravation of pre- existing injuries, the full extent of which is not yet known. He has in the past and will in the future undergo severe pain and suffering as a result of which he has in the past and will in the future be unable to attend to his usual acti'vities. The Plaintiff believes and therefore avers that his injuries are serious and permanent in nature. 10. As a further result of this accident, Plaintiff has suffered severe and permanent physical pain, mental anguish and humiliation and may continue to suffer same for an indefinite time in the future, all to his great detriment and loss. 11. As a result of the within action, Plaintiff has incurred and will in the future incur expenses in the treatment of his injuries. 12. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has sustained a loss of earnings and earning capacity in the past and will sustain such losses in the future, to his great financial loss and detriment. 13. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has been obliged to spend large sums of money for medicine, medical care and attention in an effort to cure his aforesaid injuries and may be obliged to spend additional sums of them for the same purposes in the future, to his great financial loss and detriment. 14. This accident was caused solely by the carelessness, negligence, and recklessness of the Defendants and was due in no manner whatsoever to any act or failure to act of the part of the Plaintiff. WHEREFORE, plaintiff, James Lewis, demands judgment against the defendant in a sum not in excess of twenty-five thousand dollars ($25,000.00), plus costs, interests and damages for delay. COUNT II GWENDOLYN LEWIS va. QUALITY IImI RIVERVIEW 15. Paragraphs 1 through 14, inclusive, are incorporated herein as though the same where set forth here at length. 16. Wife-plaintiff, Gwendolyn Lewis, avers that she is the spouse of the Plaintiff, James Lewis. 17. As a result of this accident .rife-plaintiff has been deprived of the society, comfort, companionship and services of husband-plaintiff and such deprivation may continue in the future, all of which has been and will continue to be to her great financial detriment and loss. WHEREFORE, plaintiff, Gwendolyn Lewis, demands judgment against the defendant in a sum not in excess of twenty-five thousand dollars ($25,000.00), plus costs, interests and damages for delay. KRAFT & KRAFT, p.e. Da ted: -.1k> 10,", ~ BY ~ /1-..-- James M. DeSanto, Esquire Attorney for Plaintiff(s) VERIFICATION James M. DeSanto, Esquire, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. 114904 relating to unsworn falsification to authorities. Dated: l( (13/0 y ~~ ~ ~i ::-:~1 --. r-." r..:...::::> C:::J .L- o -" -l -C--;-1 ITlr~ -ng :qC1 ( ) r-, '::':1:'7', ~:_. -q ~~~~ >-~ c:1 ;""r: ?~~ ;J.; U1 ~ =..: f:,,? OJ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 04(15(2004 DEll-486172 481. 8 3 -LO 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL ROBERT A. NEIDERHISER, D.C. MEDICAL RECORDS MEDICAL RECORDS TO: JAMES M. DESANTO, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOSEPH F. MURPHY, 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: 03/26/2004 MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT CC: JOSEPH F. MURPHY, ESQ. - 16221-001 n Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-260432 48183-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES LEWIS _)(}tJ,;;). 5g-os FileNo. ~ 2ee~-85-588 vs. QUALITY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GTOllJ) Inc ] 60 I Market Street Suite 800 Philadelphia P A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JOSEPH F. MURPHY. ESO. 4200 CRUMS MILL ROAD SUITE B HARRISBURG.PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ~/kkK'~ Prothonotary/Clerk, Civtl Division Date: pp-(~.,{ ~ ~ ..;?a:J'f/ ,.~-" ~~.-9tf Deput Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 48183 JAMES W. LEWIS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. LEWIS , Social Security #: 188-34-6069 Date of Birth: 05-29-1943 8U10-495358 48183-LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, 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: 04/15/2004 JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT DEll-486173 48183 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL ROBERT A. NEIDERHISER, D.C. MEDICAL RECORDS MEDICAL RECORDS TO: JAMES M. DESANTO, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOSEPH F. MURPHY, 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: 03/26/2004 MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT CC: JOSEPH F. MURPHY, ESQ. - 16221-00172 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-260432 4 B 1 B 3 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES LEWIS FileNo. ~CO:;)o .5"!?or- 2A82 AS 5G8 vs. QUALITY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROBERT A. NEIDERHlSER. D C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Graun Ine 1601 Market Street Suite 800 Philadelnhia PA ]9103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JOSEPH F. MURPHY. ESO. 4200 CRUMS MILL ROAD SUITE B HARRISBURG. P A 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: HI ~ Prothonotary/Clerk, Civil Date: 7l!c:tu-,{ dY ";;?cV'f/ '1fr;'Mo / ~ f;bf Depu Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT A. NEIDERHISER, D.C. 112-B OLD BERWICK RD. BLOOMSBURG, PA 17815 RE: 48183 JAMES W. LEWIS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. LEWIS , Social Secnrity #: 188-34-6069 Date of Birth: 05-29-1943 8U10-495360 48183-L02 ....., c~:., C) C~ ~, .<.- -n n , ):wo .-1 "I ffi:n ::;.J r- -nrn . " \.D ~0CJ C) .L. ~.- _::......1<-) ," -'::J ._r' :';:1 ~:: - -~... (-,~~ ;r- () ~,1 l...) In :.~ ".,"j r' , . 0 -< 105 _AILlAB\JPMILLPG\149492ICTRI16221 100172 JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RIVERVIEW, Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph, and the same therefore are denied, strict proof being demanded at trial, if relevant. 2. Denied. Defendant Quality Inn River View is not a Corporation or legal entity. Kumar, Inc. does business as Quality Inn River View. 3. Denied for the reasons set forth in paragraph number two. Kumar, Inc. d/b/a Quality Inn River View owned, occupied, controlled and maintained the premises known as 501 North Enola Road, Enola, Cumberland County, Pennsylvania. The remainder of the averments: contained in this paragraph are denied. 4. Answering Defendant is unable to determine the meaning ofthe allegations set forth herein. Accordingly, these allegations are denied. By way of further answer, Answering Defendant is a business enterprise that cannot "act" unless through agents, servants, workmen and/or employees. It is admitted that Answering Defendant's agents, servants, workmen and/or employees at times act within the scope and course oftheir employment. However, Plaintiff has not identified arty of the agents, servants, workmen and/or employees that are the subject ofthis allegation, nor have Plaintiffs identified the acts alleged to have been undertaken by these individuals. Accordingly, the averments Silt forth herein are denied. 5. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained herein are denied generally pursuant to Pa.R.C.P. 1029(e). 6. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained herein are denied generally pursuant to Pa.R.C.P. 1029(e). 7. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained herein are denied generally pursuant to Pa.R.C.P. 1029(e). 8 (a-f). The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained herein are denied generally pursuant to Pa.R..C.P 1029(e). Subparagraph g of paragraph 8 has been stricken by stipulation of the parties. COUNT I JAMES LEWIS V. OUALlTY INN RIVERVIEW 9-14. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained herein are denied generally pursuant to Pa.R..C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint in its entirety, with prejudice. COUNT II GWENDOLYN LEWIS V. OUALlTY INN RIVERVIEW 15. The Answers to paragraphs 1 through 14 are incorporated herein by reference as is fully set forth in length. 16. After reasonable investigation, Answering Defendant laeks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph, and the same therefore are denied, strict proof being demanded at trial, if relevant. 17. The averments contained in this paragraph are legal condusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained herein are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint in its entirety, with prejudice. NEW MATTER I. The Answers to Paragraph 1 through 17 are incorporated herein by reference as if fully set forth at length. 2. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 3. The applicable Statute of Limitations may have expired prior to the proper institution of this action. 4. Answering Defendants were not negligent. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors ofthe subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 5. The incident and/or damages described in Plaintiffs Complaint may have been caused or contributed to by the Plaintiffs. 6. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 7. The Plaintiffs may have assumed the risk. The Plaintiffs may have been contributorily negligent. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Answering Defendant. 8. Plaintiffs may not have properly mitigated their damages. WHEREFORE, Answering Defendant respectfully request that Plaintiffs Complaint be dismissed, in its entirety, with prejudice. Respectfully submitted, By: Attorney for Defendants Date: JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-05-805 QUALITY INN RIVERVIEW, Defendant CERTIFICATE OF SERVICE I, Joseph F. Murphy, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this day of , 2004, I served a true and correct copy of the foregoing document via United States First Class Mail, postage pre-paid as follows: James M. DeSanto, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are based upon infonnation which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the ArIswer with New Matter to Plaintiffs 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, infonmation and belief. To the extent that the contents of the Defendant's Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. _bk-zk%: Umesh Patd DATE: 4.~~rOY () r _.~ 0'......1 ~~n ~:'~; ..::. ;:.:' ~/j ~:f~) c 2: --< -< "-> = = ..,- :x ~.,.. -<: , O"l o -n :I'~ n1~ r- :B23 Cd:) :;:,'f, ():!1 ZC) C."IT! __J . j;' :~ ""0 ::!: ~ en JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RIVERVIEW, Defendant STIPULATION IT IS HEREBY stipulated by and between counsel for the above-captioned parties that subparagraph (g) of paragraph 8 of Plaintiff's Complaint shall be stricken, with prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN KRAFT & KRAFT BY: BY: J\.., ~ ames M. DeSanto, Esquire 311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiffs DATE: ~ II { 01 (') c :,t:~-; -,!,'7 2"-:-, ;;;.j. S]. r-" :~ ~r3 ~ ~ ~ ;;> -< N CO -0 ::rr (.,) ,,> o "-> = c.-. -"" o "<, ~" rr.lp '"tIITl 86 :r!.,! ;:~-d ~~~ f;~ ~ JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA QUALITY INN RIVERVIEW, NO. 2002-5805 Defendant WITHDRAWAL OF APPEARANCE -~ TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel on behalf of the Defendant, Quality Inn Riverview, in the above-captioned case. DATE:_ BY: ~!:!\j't/;\l)S: AJj\inC;~~' ,:j\.~d c;J!~n:J n~ ''''1111 o t.. .(, .r~( 8- d3S ~OOZ AH:I0;'iCH10dd 3H1. ~o j:JI~:lO-G31I:l ... ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Quality Inn Riverview, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 0- BY: CHRISTOPHER M. REESER, ESQUIRE l.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3509 DATE: '\/do'-\ Attoffileys for Defendant JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CrnvlBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RIVERVIEW, Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, do hereby certify that a true and correct copy of my Entry of Appearance was served to all parties herein listed via United States First-Class mail on the date below. James M. DeSanto, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN G- BY: CHRISTOPHER M. REESER, ESQUIRE LD. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 DATE: '" Illo~ Attorneys for Defendant (") c ~f:,::I~:~ (. C " <, -, -< C..:~ c:o '" ,,~ C~ ....- V> "'1 -U I CO f1i :1! -r. rn;=::' 3~ ~~~ \:~? ~~~ Cirn ""l ~~J -< -r; =:i~ r:':J KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire Attorney No. 49442 1311 Spruce Street Philadelphia, PA 19107 215-546-5100 Attorney for Plaintiffs JAMES LEWIS & GWENDOLYN LEWIS, h/w COURT OF COMMON PLEAS OF Cill~BERLAND COUNTY, PA vs. CIVIL ACTION AT LAW QUALITY INN RIVERVIEW NO . 2 0 02 - 58 05 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 1.-8. The averments contained in these paragraphs contain conclusionE1 of law to which no response is required. To the extent that the averments in these paragraphs are factual averments, after reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth or falsitJT of said averments and they are therefore denied with strict proof thereof demanded at the time of trial. WHEREFORE, Plaintiff demands judgment pursuant to the complaint filed in this matter. KRAFT & KRAFT, P.C. Dated: 11-( 1-' o'-f BY'~m:s M. :esa~Esquire ttorney for Plaintiffs .~ a.--" :... '") ~.....;: 'I \..c:: r-...~ = c..:::> .....- L'"1 r:"1 C-) I -'.J C ','/ f~i ;:I: -:-- r t.... ~,:,J).:.,j -.')c:; ._~) ::.,~.f ". C i -;r:'-(; ,_;'~I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS & GWENDOLYN LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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 eclch 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: 01/04/2005 MCS on behi~l f of ~ C~~ ESQ. I ~ Attorney for DEFENDANT DEll-536895 4 81. 8 3 - L 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS & GWENDOLYN LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULH 4009.21 ANTHONY BILLAS, M.D. A. LOREN AMACHER, M.D. ROBERT A. NEIDERHISER, D.C. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JAMES M. DESANTO, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 12/15/2004 MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT CC: CHRISTOPHER REESER, ESQ. - 16221-00172 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ISOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-286834 4 B 1 B 3 - C 0 1 COMMONWEALTH OF PENNSYLVANIA COuNTY OF CUMBERLAND JAMES LEWIS & GWENDOLYN LEWIS : File No. 2002-5805 vs. QUALITY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULI~ 4009.22 TO: Custodian of Records for ANTHONY BILLAS. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the: court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS Group Inc. 1601 Market Street Suite 800. Philadelphia P A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER REESER. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBVRG.PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY 1HE COl~T: --:'\ ~ f) (lvd;.Q LK- ~ Prothonotary/Clerk, Civil DivisV ~ ~" Deputy Date: ]) IAN Q 4 2004 E..c:- I ~ I :JJ::oi Seal of the Court 48183-03 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANTHONY BILLAS, M.D. GMG-KNAPPER CLINIC FAM 100 N. ACADEMY AVE. DANVILLE, PA 17822-310 RE: 48183 JAMES W. LEWIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. DA TES FROM ALL PRE 01106/2001 RECORDS. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treanTIent pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. LEWIS 50 KELLY DAM ROAD, DAMVILLE, PA 17821 Social Security #: 188-34-6069 Date of Birth: 05-29-1943 SUlO-S3B544 48183-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS & GWENDOLYN LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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 tbe subpoena. MCS on behalf of DATE: 01/04/2005 CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT DEll-536896 4 8 183 - L 04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS & GWENDOLYN LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Rm:'E 4009.21 ANTHONY BILLAS. M.D. A. LOREN AMACHER. M.D. ROBERT A. NEIDERHISER. D.C. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JAMES M. DESANTO, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 12/15/2004 MCS on behalf of CHRISTOPHER REESER. ESQ. Attorney for DEFENDANT CC: CHRISTOPHER REESER, ESQ. 16221-00172 Any questions regarding this matter, contact THE MCS GROUP INC. H 0 1 MARKET STREET IUOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-286834 4 8 183 - C 0 1 COMMONWEAL TH OF PENNSYLVANIA COUN TY OF CUMBERLAND JAMES LEWIS & GWENDOLYN LEWIS : File No. 2002-5805 vs. QUALITY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for A. LOREN AMACHER. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by th<:: court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Group Ine. 1601 Market Street. Suite 800. Philadelphia PA 19103 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 addr,ess 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 withm 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: CHRISTOPHER REESER. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BYTHECOl~T:. ? ~ (! t,A/J-:iItO) . ~ c-nc Prothonotary/Clerk, Civil Divisionc:::::r L2~c- Deputy Date: )) JAN 0 ~ 200~ I ~ l ~ I :J.()6 Y '--- Seal of the Court 48183-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: A. LOREN AMACHER, M.D. GEISINGER MEDICAL CENTER 100 N. ACADEMY AVE. DANVILLE, PA 17822- RE: 48183 JAMES W. LEWIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. DATES FROM ALL PRE 01/06/2001 RECORDS. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treattnent pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. LEWIS 50 KELLY DAM ROAD, DAMVILLE, PA 17821 Social Security #: 188-34-6069 Date of Birth: 05-29-1943 SUlO-538546 48183 - L 04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS & GWENDOLYN LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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: 01/04/2005 CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT DEll-~i36897 4 8 183 - LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES LEWIS & GWENDOLYN LEWIS TERM, -VS- CASE NO: 2002-5805 QUALITY INN NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ANTHONY BILLAS, M.D. A. LOREN AMACHER, M.D. ROBERT A. NEIDERHISER, D.C. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: JAMES M. DESANTO, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 12/15/2004 MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT CC: CHRISTOPHER REESER, ESQ. - 16221-00112 Any questions regarding this matter, contact THJ& MCS GROUP INC. 161)1 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-286834 4 8 183 - C 0 1 COMMONWEALTH OF PENNSYLVANIA COuNTY OF CUMBERLAND JAMES LEWIS & GWENDOLYN LEWIS : File No. 2002-5805 vs. QUALITY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROBERT NEIDERHISER. D.C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the: court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Group. Inc. 1601 Market Street. Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER REESER. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 7!ECOL~~: ~ ludA~ K . Prothonotary/Clerk, Civil Divisi ~ Deputy ~ .IAN 0 4 2004 ..u~( /) I d.-DOi Date: Seal of the Court 48183-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT A. NEIDERHISER, D.C. 112-B OLD BERWICK RD. BLOOMSBURG, PA 17815 RE: 48183 JAMES W. LEWIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. DATES FROM ALL PRE 01/06/2001 RECORDS. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JAMES W. LEWIS 50 KELLY DAM ROAD, DAMVILLE, PA 17821 Social Security #: 188-34-6069 Date of Birth: 05-29-1943 SUI0-~i38548 48183 - L 0 5 n ,,-, (~ ~..:) 0 C:..":) '" .' <...r, ""77 I , S- 5! r _'l........ :JJ -'- r--I ~ <-.- r.... ( '-. - -""t ....71 f_: C:.l .- j i:~~1 , () ..." ~....... "'. .r > lJ i- :"L1 ......,- ,'-.....\ - ( ) '-- ~~ --~'" ~:: <..., --I L) ~ -< .'.J CO .", \US _ A\LlAB\CTR\LLPG\1614S5\CTR\16221 \00 172 JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RIVERVIEW, JURY TRIAL DEMANDED Defendant STIPULATION THE PARTIES DO HEREBY AGREE AND STIPULATE AS FOLLOWS: 1. At the time of the incident from which this litigation arises, Defendant was insured by Legion ~nsurance Company. 2. On March 28, 2002, Legion Insurance Company was placed into rehabilitation by the Commonwealth Court of Pennsylvania, upon Petition of the insurance commissioner of the Commonwealth of Pennsylvania, effective April I, 2002. 3. As a result ofthe Liquidation Order. the provisions of 40 P.S. 1)991.1817 (a) apply to PlaintitTs Claim. 4. Defendant's New Matter shall be deemed to have been amended so that all available detenses under the Insurance Guarantee Act, 40 P.S. 9991.1817, et seg. have been raised by the Defendant If /Z(p /OS' Date A /'Y--. ~ James M. DeSanto, Esquire PlaintitTs Counsel l/ IJl./o") Date c~ Christopher M. Reeser, Esquire Defendant's Counsel JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2002-5805 QUALlTY INN RIVERVIEW, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Karen A. Moyers, and employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April 27, 2005, served a copy of the Stipulation via First Class United States mail, postage prepaid as follows: James M. DeSanto, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 (Clu\rYIU' ,~\I(u.,e ,La Karen A. Moyers (j \ f'.} .-' riA :;::. ....J.~. -" .-"" """'.. r:-:' - tJI JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RlVERVIEW, Defendant PETITION FOR APPOINTMENT OF ARBlTRA TORS TO THE HONORABLE, THE JUDGE OF SAID COURT: Christopher M. Reeser, Esquire, counsel tor Defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $25,000. There is no counterclaim. The following attorneys are interested in the case as counselor otherwise disqualified to sit as arbitrators: None. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, DATE: May d <:> , 2005 BY: MARSHALL, DENNEHEY, WARNER, COLE~.~GOGGIN ..~ C~OPHER M. REESER, ESQUIRE J.D. NO.: 73632 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3503 Attorney for Defendant Quality Inn Riverview . JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RIVERVIEW, Defendant CERTIFICATE OF SERVICE !, Christopher M. Reeser, Esquire, of Marshall, Dennehey. Warner, Coleman & Goggin, do hereby certify that on MayC:::)O ,2005, I served a copy of the Petition for Appointment of Arbitrators via First Class United States mail, postage prepaid as follows: James M. DeSanto, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 L~ Christopher M. Reeser \05 _A \LlAB\CMR\LLPG\1 86574\KPM\16221 \00172 p ~ ~~g ~ ~ +- ( - - jl...) ~ -:? J::: ..c: lI1. C> tJ '~,:-\~y: - -- JAMES LEWIS AND GWENDOLYN LEWIS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-5805 QUALITY INN RIVERVIEW, Defendant ORDER 'It--, AND NOW, this .dL day of ~ ~, 2005, in consideration ofthe foregoing ,Esquire, ~ ~ , Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: $U1Y)~1 "~'lJ ~ I r 1'1 ~ :0 ::C f 7 I 'i'\1 "U';.7 ,_0 J,.,,:1 L)u JAMES LEWIS and GWENDOLYN LEWIS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5805 CIVIL TERM QUALITY INN RIVERVIEW IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, June 15, 2005, the appointment of Robert Black, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and John Mancke, Esquire, shall be appointed in his stead; Thomas Capper, Esquire, and Hillary Dean, Esquire, shall remain as arbitrators. By the Court, P.J. G John B. Mancke, Esquire Mancke, Wagner and Sprewa 2233 North Front Street Harrisburg, PA 17110 Robert R. Black, Esquire 36 South Hanover Street Carlisle, PA 17013 r ~ t _;:;:01 9-.. Court Administrator \r:\i\!I\IM~'; : :',Pd A.l!\lr:C"":~1 (~!', ;~'-1'/"Jn8 6 I :2: I!d S I iinr SOGl "p 'If".' 1'-"" r'., , 1""'1:.10 ^tJV.L\..N.jvi'L,~U:::i:J :lH 3~)!:!jo-o:-mJ