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HomeMy WebLinkAbout03-0330 ~OURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA No:2003-.... 3'~6 ~ .~Y E, ANDERSON, and LIZABETH F. ANDERSON, as husband and wife, Plaintiffs CIVIL ACTION- LAW vs. JURY TRIAL DEMANDED BERNADINE L. MAINHART Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY E, ANDERSON, and ELIZABETH F. ANDERSON, as husband and wife, Plaintiffs No: 2003-SU- CIVIL ACTION- LAW vs. JURY TRIAL DEMANDED BERNADINE L. MAINHART Defendant A VISO USTED HA SInO DEMAND ADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso, Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte par escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante, Usted puede perder dinero, o propiedades u otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDlA T AMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telefono (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 2003-.- :3~o BARRY E. ANDERSON, and ELIZABETH F, ANDERSON, as husband and wife, Plaintiffs CIVIL ACTION- LAW vs. JURY TRIAL DEMANDED BERNADINE L. MAINHART Defendant COMPLAINT AND NOW, this.;.J...... day of January, 2003, comes the Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson, husband and wife, through and by their attorney, Douglas R. Bare, Esquire, and files this Complaint, whereof the following is a statement 1. The Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson, husband and wife (hereinafter called "Plaintiffs") are adult citizens of the Commonwealth of Pennsylvania, currently residing at 130 Community Street, Wellsville, York County, Pennsylvania 17365. 2. The Defendant, Bernadine L. Mainhart. (hereinafter called "Defendant") is an adult citizen of the Commonwealth of Pennsylvania, last known address of 31 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania, 17013, 3. The facts and occurrences hereinafter related took place on or about February 14, 2001 at approximately 5:00 p.m. in or around North York Street and Railroad Crossings in Mechanicsburg Borough, Cumberland County, Pennsylvania. 4. At all times relevant hereto, Plaintiff Barry E. Anderson, was the owner and operator of a 1987 Chevrolet Celebrity bearing Pennsylvania registration number BJ03836. 5. At all times relevant hereto, Defendant was the owner and operator of a 1998 motor vehicle bearing Pennsylvania registration number HPG8020, 6. At all times relevant hereto, Plaintiffs Barry E, Anderson and Elizabeth F. Anderson were covered by full tort under Pennsylvania Law. 7. The said damages, as described hereafter, are in excess of$30,000,OO and outside the scope and authority of mandatory arbitration and a jury trial is hereby demanded, COUNT I-NEGLIGENCE BARRY E. ANDERSON and ELIZABETH F. ANDERSON vs. BERNADINE L. MAINHART 8. Paragraphs one (1) through seven (7) are incorporated by reference as if set forth fully hereunder. 9. Plaintiff, at or about the aforementioned date and time, was traveling southbound on North York Street, when Defendant Bernadine L. Mainhart carelessly crashed into Plaintiffs vehicle. 10. Said accident was directly and proximately caused by the negligence, carelessness, and recklessness of the Defendant which consisted of, but was not limited to, the following: a) Carelessly collided with the rear of Plaintiffs vehicle; b) Operating said vehicle in an excessive and unsafe rate of speed and not within the assured cleared distance required under the circumstances in violation of75 Pa.C.S.A. 93361 and other applicable laws; c) Operating said motor vehicle without due regard to the rights, safety, and position of Plaintiffs vehicle; d) Failure to have said vehicle under proper control so as to prevent the same from colliding with Plaintiffs vehicle; e) Failing to keep a proper lookout for other vehicles lawfully on the road; f) Failing to operate said vehicle with due regard for the highway and traffic conditions which were then and there existing and ofwhich he was or should have been aware; g) Failing to take evasive action in order to avoid impacting the Plaintiffs vehicle; h) Violating 75 Pa.C.S.A. 9 3714 by driving said vehicle in careless disregard for the safety of persons or property. 11. Said accident resulted solely from the carelessness, recklessness, and negligence of the Defendant and was in no way the result of any act or failure to act on the part of the Plaintiff. COUNT 11- DAMAGES BARRY E. ANDERSON vs. BERNADINE L. MAINHART 12. Paragraphs one (1) through eleven (11) are incorporated by referenced as ifmore fully set forth hereunder. 13, As a direct and proximate result of the Defendant's negligence, carelessness, and recklessness, Plaintiff Barry E, Anderson has sustained injuries resulting in serious impairment of bodily function which include, but are not limited to, the following: a) Physical injuries including neck, back, arm, and shoulders injuries; b) Pain and suffering; c) Mental anguish; d) Inconvenience; e) Distress; f) Loss of life's pleasures; g) Discomfort; h) Embarrassment and humiliation; I) An impingement of health and sense of well being; and j) Disfigurement. 14. As a direct and proximate result of the Defendant's negligence, carelessness, and recklessness, Plaintiff Barry E. Anderson has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to the following: a) Past, present, and future medical expenses which have or may in the future exceed applicable legal limits; b) Incidental costs resulting from dealing with said injuries; and c) Loss of earnings or earning capacity. WHEREFORE, Plaintiff Barry E. Anderson respectfully requests this Honorable Court to enter judgment against the Defendant and in favor of the Plaintiff in an amount in excess of $30,000.00, plus costs and interest as allowed by law. COUNT III- DAMAGES ELIZABETH F. ANDERSON vs. BERNADINE L. MAlNHART 15. Paragraphs one (1) through fourteen (14) are incorporated by referenced as if more fully set forth hereunder. 16. As a direct and proximate result of the Defendant's negligence, carelessness, and recklessness, Plaintiff, Elizabeth F. Anderson has sustained injuries resulting in serious impairment of bodily function which include, but are not limited to, the following; a) Physical injuries including neck and left shoulder injuries requiring surgery with permanent restrictions and loss of use; b) Pain and suffering; c) Mental anguish; d) Inconvenience; e) Distress; t) Loss oflife's pleasures; g) Discomfort; h) Embarrassment and humiliation; I) An impingement of health and sense of well being; and j) Disfigurement. 17. As a direct and proximate result of the Defendant's negligence, carelessness, and recklessness, Plaintiff, Elizabeth Anderson has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to the following: a) Past, present, and future medical expenses which have or may in the future exceed applicable legal limits; b) Incidental costs resulting from dealing with said injuries; and c) Loss of earnings or earning capacity, WHEREFORE, Plaintiff Elizabeth F. Anderson respectfully requests this Honorable Court to enter judgment against the Defendant and in favor of the Plaintiffs in an amount in excess of $30,000,00, plus costs and interest as allowed by law, COUNT IV - LOSS OF CONSORTIUM BARRY E. ANDERSON vs. BERNADINE L. MAINHART 18. Paragraphs one (1) through seventeen (17) are incorporated by reference as if set forth fully hereunder. 19. As a result of the negligence of the Defendant, as more fully described in the preceding paragraphs, Plaintiff Barry E. Anderson has sustained a loss of his wife's comfort, society, aid, consortium, and services, WHEREFORE, Plaintiff Barry E. Anderson respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of $30,000,00 plus costs and interest as allowed by law, COUNT V- LOSS OF CONSORTIUM ELIZABETH F. ANDERSON vs. BERNADINE L. MAINHART 20. Paragraphs one (1) through nineteen (19) are incorporated by referenced as if set forth fully hereunder. 21, As a result of the negligence of the Defendant, as more fully described in the preceding paragraphs, Plaintiff Elizabeth F. Anderson has sustained a loss of her husband's comfort, society, aid, consortium, and services, WHEREFORE, Plaintiff Elizabeth F. Anderson respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of$30,000.00 plus costs and interest as allowed by law. Date: /-/b-- 7...uo~~ Respectfully submitted, ~<)~" ~cJ? Douglas R. B.;a, Esquire J.D. # 43877 Attorney for Plaintiffs 46 East Philadelphia Street York, Pennsylvania 17401 (717) 854-1900 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA BARRY E. ANDERSON, and ELIZABETH F. ANDERSON, as husband and wife, Plaintiffs No: 2003-SU- CIVIL ACTION- LAW vs. &... BERNADINE MAlNHART Defendant JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this COMPLAINT are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation ofthis lawsuit is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 P A C.S. 94904, relating to unsworn falsification to authorities. I-I&,- ZOo-S Date ({g~.[dl~ // /-d'l 1t C:::~c$?/"C-C4. .. 7 (2yL: -JA-/""''--- ./'ELIZABETH F. ANDERSON J '1 ,.,~-~".~,'. '\ (:) ,~)^. - - ~~ c/) C' -+:--- \ i 0' \ \ \ , ,U'-{ ) <:.J) C' ~ '- ...--' rt C~'f" ~ o ,/ , I . ~ 1:)1.;,' ,,1 f' ~;:;~.. .&...."- ~~ 7~,. ~L .Y'O z ./ "'. CJ ~V.....C~ -; 4., =< ("") C tv)') c....' i ~'.. :;~.: ('....) .'.....j ~i~ . .J .'", ) ;~ ,-n . ~ "i J.> ~ ~) c::- ...J BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs N THE COURT OF COMMON PLEAS UMBERLAND COUNTY, PENNSYLVANIA BERNADINE L. MAINHART, Defendant O. 2003-SU-330 CIVIL ACTION - LAW vs. RY TRIAL DEMANDED NOTICE TO PLEAD To: Barry and Elizabeth Anderson c/o Douglas R. Bare, Esq. 46 East Philadelphia Street York, PA 17401 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP ~d,Esquire ~- I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PAl 71 08-0999 (717) 255-7626 BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs N THE COURT OF COMMON PLEAS UMBERLAND COUNTY, PENNSYL VANIA vs. O. 2003-SU-330 IVIL ACTION - LAW BERNADINE L. MAINHART, Defendant RY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER 1. Denied. Defendant is without information or knowledge as to the truth of the averments of paragraph 1 of Plaintiffs' Complaint and the same are therefore denied and strict proofthereofis demanded at time of trial. 2. Admitted. 3. Denied. Defendant is without information or knowledge as to the truth of the averments of paragraph 3 of Plaintiffs' Complaint and the same are therefore denied and strict proof thereof is demanded at time of trial. 4. Denied. Defendant is without information or knowledge as to the truth of the averments of paragraph 4 of Plaintiffs' Complaint and the same are therefore denied and strict proof thereof is demanded at time of trial. 5. Admitted. 6. Denied. Defendant is without information or knowledge as to the truth ofthe averments of paragraph 6 of Plaintiffs' Complaint and the same are therefore denied and strict proof thereof is demanded at time of trial. 7. Denied. Defendant is without information or knowledge as to the truth of the averments of paragraph 7 of Plaintiffs' Complaint and the same are therefore denied and strict proofthereof is demanded at time oftrial. COUNT I - NEGLIGENCE BARRY E. ANDERSON AND ELIZABETH ANDERSON v. BERNADINE L. MAINHART 8. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraph 1 through 7 of this Answer and New Matter. 9. Admitted in part, denied in part. It is admitted only that on or about February 14, 2001, Plaintiffs' and Defendant's vehicles were involved in an accident. Any and all other allegations contained in paragraph 9 are specifically denied and strict proof thereof is demanded at time of trial. lO(a) - (h). Denied. The allegations contained in paragraphs 10(a) - (h) are conclusions of law to which no response is required. 11. Denied. The allegations contained in paragraph 11 are conclusions of law to which no response is required. COUNT II - DAMAGES BARRY E. ANDERSON v. BERNADINE L. MAINHART 12. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraph 1 through 11 ofthis Answer and New Matter. 13(a) - (j). Denied. The allegations contained in Paragraphs 13(a)-(j) are conclusions oflaw to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 14(a) - (c). Denied. The allegations contained in Paragraphs 14(a)-(c) are conclusions oflaw to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Bernadine L. Mainhart, respectfully request that judgment be entered in her favor and against Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson. COUNT III - DAMAGES ELIZABETH F. ANDERSON v. BERNADINE L. MAINHART 15. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraph 1 through 14 ofthis Answer and New Matter. 16(a) - (j). Denied. The allegations contained in Paragraphs 16(a)-(j) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 17(a) - (c). Denied. The allegations contained in Paragraphs 17(a)-(c) are conclusions oflaw to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Bernadine L. Mainhart, respectfully request that judgment be entered in her favor and against Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson. COUNT IV - LOSS OF CONSORTIUM BARRY E. ANDERSON v. BERNADINE L. MAINHART 18. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraph 1 through 17 of this Answer and New Matter. 19. Denied. The allegations contained in Paragraph 19 are conclusions oflaw to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.c.P. 1029(e). WHEREFORE, Defendant, Bernadine L. Mainhart, respectfully request that judgment be entered in her favor and against Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson. COUNT V - LOSS OF CONSORTIUM ELIZABETH F. ANDERSON v. BERNADINE L. MAINHART 20. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraph 1 through 19 ofthis Answer and New Matter. 21. Denied. The allegations contained in Paragraph 21 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Bernadine L. Mainhart, respectfully request that judgment be entered in her favor and against Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson. NEW MATTER 22. The Complaint fails to state a cause of action against Defendant upon which relief may be granted. 23. Some or all of Plaintiffs' claims may be barred by the expiration ofthe applicable statute of limitations. 24. Some or all of Plaintiffs' claims may be barred or reduced by Plaintiffs' comparative and/or contributory negligence. 25. Some or all of Plaintiffs' claims and/or damages, if any, may be barred or reduced by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. Plaintiffs' claims may be barred or reduced by Plaintiffs' failure to mitigate their damages. 27. Some or all of Plaintiffs' injuries and/or damages, if any, may have been caused by parties other than Defendant. 28. Defendant's acts or omissions were not a substantial factor in causing or contributing to Plaintiffs' alleged damages. WHEREFORE, Defendant, Bernadine L. Mainhart, respectfully request that judgment be entered in her favor and against Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson. Respectfully submitted, :224840 ~",^~LP by: __--- Brooks R. Foland, Esquire -- . I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PAl 71 08-0999 (717) 255-7626 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. (L7 / -. /J. 1 'i ~ :0.< .-2.-,,,-,",,, ~ ~ . ',)/...d ".~.z....r- Bernadine Mainhart DATED: :...,)- a:J r- P 3 CERTIFICATE OF SERVICE .fh !4 AND NOW, this ~ day of _ 11./LUl , 20g.J I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esq. 46 East Philadelphia Street York, PA 17401 ~2 Coleen M. Polek (') C",,) C) c: <-~, -n ~~~ - ::..l _,t,. l') t', j.. III r '," ~ ;;....:, , .- L -" I L. (j~ -..J -..., r::: tJ $ c: -,.. --... L- C 5> c r;:) :.'~ ~, ,#" "'~-.30 ,~- :...> -"~ ~TJ -< -< BARRY E. ANDERSON and ELIZABETH IN THE COURT OF COMMON PLEAS F. ANDERSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. BERNADINE L. MAINHART, Defendant NO. 2003-SU-330 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant Bernadine L. Mainhart in the above matter. by: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~.-=. ~ Bra ks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this G fhdaYOf rrt.AJJvcL-. , 20c2 I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy ofthe foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esq. 46 East Philadelphia Street York, PA 17401 ~ Coleen M. Polek (') C) C (.,) ~ -;- -orl} ':--... !J) fl ' ;'>J ...4- ~l I Z C' en .-1 -, r.: -0 ~ C """'i'._~ -/ ...... ~..- c' 5> N ; ) ~ .. c:~ L_ W -4 ~-...... -'-.! -< -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-00330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON BARRY E ET AL VS MAINHART BERNADINE L RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania/ who being duly sworn according to law/ says/ the within COMPLAINT & NOTICE was served upon MAINHART BERNADINE L the DEFENDANT / at 2037:00 HOURS/ on the 10th day of February, 2003 at 31 KERRS AVENUE CARLISLE, PA 17013 by handing to BERNADINE MAINHART a true and attested copy of COMPLAINT & NOTICE 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 6.90 .00 10.00 .00 34.90 ..~~(:2:f:!',,~ ,,' /~ -r "'#";f'Ac;,-.;"~,,,,,,,.,,,,,,.e: f~ R. Thomas Kline 02/12/2003 DOUGLAS BARE Sworn and Subscribed to before By: me this l 1:& day of ~ 201J3 A.D. 9l'lI- ~ )v,<("'httM Prothonotar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRYE.ANDERSON,and ELIZABETH F. ANDERSON, as husband and wife, Plaintiffs No: 2003-SU-330 CIVIL ACTION- LAW vs. JURY TRIAL DEMANDED BERNADINE L. MAINHART Defendant REPLY TO DEFENDANT'S NEW MATTER 22. Denied. The Complaint does sufficiently state a legal cause of action. Allegations ofthe Complaint are incorporated herein by reference. 23. Denied. The Plaintiffs filed their action within the required statute oflimitations. 24. Denied. The Plaintiffs conduct was not negligent in any way. All damages were caused by the sole conduct of the Defendant. 25. It is Admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law applies to the case. 26. Denied. The Plaintiffs at all times took all reasonable steps to mitigate their damages. 27. Denied. The damages alleged in the Complaint were caused by the negligent conduct of the Defendant. 28. Denied. The Defendant's conduct was the legal cause ofthe Plaintiffs' injuries. WHEREFORE, the Plaintiffs', Barry E. Anderson and Elizabeth F. Anderson, requests the Defendant's New MatteI be dismissed with plejudice. Respectfully submitted, Date: 313-200 $ c.----.--.-.:-","-----. , ~ ~, ou~asR.B~e,E' Ire J.D. # 43877 Attorney for Plaintiffs 46 East Philadelphia Street York, Pennsylvania 17401 (717) 854-1900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY E. ANDERSON, and ELIZABETH F. ANDERSON, as husband and wife, Plaintiffs No: 2003-SU-330 CNIL ACTION- LAW vs. JURY TRIAL DEMANDED BERNADINE L. MAINHART Defendant CERTIFICATE OF SERVICE I, Douglas R. Bare, Esquire, attorney for Plaintiffs, Barry E. Anderson and Elizabeth F. Anderson, do hereby certify that I am this day serving a copy of the foregoing REPLY TO DEFENDANT'S NEW MATTER upon the counsel of record in the following manner. BY REGULAR MAIL: Brooks R. Foland, Esquire THOMAS, THOMAS, & HAFER, LLP 305 North Front Street, 6th Floor POB 999 Harrisburg, P A 17108-0999 Date: 5- -/3-"- 0 5, c/ ."==~~ ~C0= . --- Douglas R. Bare, ~re I.D. # 43877 Attorney for Plaintiffs 46 East Philadelphia Street York, Pennsylvania 17401 (717) 854-1900 (') c.: .;:;..... [1;[1: L..__, :;;:- f~ ~)..- ~~ ~ -( (~ i,,'......1 \~ ......, '~ .[~. "'.;-:j t-.., :n <)") BARRY E. ANDERSON and ELIZABETH IN THE COURT OF COMMON PLEAS F. ANDERSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. Ifno objection is made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP bY:~~~ Brooks R. Foland, Es. - I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PAl 71 08-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this ~ of March, 2003, I, Barbara Onorato, ofthe law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esquire 46 East Philadelphia Street York, PA 17401 ~~ Baroara Onorato, Legal Assistant BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. PCB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Orthopaedics and Spine Specialists, 2901 Pleasant Valley Road, York PA 17402 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland, Esquire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal ofthe Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, KDV Orthopedics, 908 George Street, York PA 17402 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisburo. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003..SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Hospital, 1001 South George Street, York, PA 17401 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland, Esquire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, West Shore EMS (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: Any and all medical records andlor documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 date of loss: 2/14/01 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 HarrisburQ. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-8U-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Hospital, 1001 South George Street, York, PA 17401 (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: Any and all medical records andlor documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATIORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested b}' 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: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisburo. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURTlD No: 70102 AlTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Rehab Associates, 1850Normandie Drive, York PA 17404 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk. Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Hospital Pain Relief Center, 400 Pine Grove Commons, York PA 17403 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street, POB 999 Harrisbura, PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5U-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Colonial Medical Center, 955 S. George Street, York PA 17403 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian,York Neurosurgical Associates, 2319 S. George Street, York, PA 17403 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland, Esquire ADDRESS 305 N. Front Street. POB 999 HarrisburQ, PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, State Farm, P.O. box 15085,1690 Kenneth Rd, York, PA 17405 (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: Any and all claim records, medical records and/or documents, test results, discogram studies, correspondence, writings, I including but not limited to your entire file pertaining to Barry Anderson or Elizabeth F. Anderson, claim No. Policy No. 6288230381, Date of loss: 2/9/00 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland, Esquire ADDRESS 305 N. Front Street, POB 999 Harrisburo, PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal ofthe Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW Ys. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Progressive, 2200 Stafford Avenue, Scranton, PA 18505 (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: Any and all claim records, medical records and/or documents, test results, discogram studies, correspondence, writings, I including but not limited to your entire file pertaining to Barry Anderson or Elizabeth F. Anderson, claim No. 004251218. Insured: Charles Beck at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisbura, PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAIN HART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Ace Property and Casualty, P.O Box 154409, Irving, TX 75015 (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: Any and all claim records, medical records andlor documents, test results, discogram studies, correspondence, writings, I including but not limited to your entire file pertaining to Barry Anderson or Elizabeth F. Anderson, claim No. 39317819587 date of loss: 7/8/98 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura, PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATIORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Pennex Aluminum (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: Any and all employment records, attendance records, disability slips, wage information, medical records, co rrespondenc. writings, etc. on behalf of r Elizabeth F. Anderson, ssn: 196-48-8246, d/o/b: 12/22/55 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court r.-? o :: , ~--3 ~ . c~ ~ ~ ,_ ! f., _ .ill ~~ BARRY E. ANDERSON and ELIZABETH IN THE COURT OF COMMON PLEAS F. ANDERSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Douglas Bare, Counsel for the Plaintiff, has waived the twenty (20) day rule. 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoena. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP bY~~ Brooks R. Foland, Esquire ./ I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, P A 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this 1f a/:;aay of March, 2003, I, Barbara Onorato, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy ofthe same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esquire 46 East Philadelphia Street York, PA 17401 ~~ Barbara Onorato, Legal Assistant BARRY E. ANDERSON and ELIZABETH IN THE COURT OF COMMON PLEAS F. ANDERSON, husband and wife, CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAl.. DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TOP:R()DUCE DOCUMENTS AND TlllNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. Ifno objection is made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP bY:c<\~~ ~ Brooks R Foland, E~- J.D. No. 70102 305 North Front Street, 6th Floor ~- POB 999 Harrisburg, P A 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this ~ of March, 2003, I, Barbara Onorato, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esquire 46 East Philadelphia Street York, PA 17401 ~~ Baroara Onorato, Legal Assistant BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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. Wthin 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: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Pro!honotary/Clertt, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Orthopaedics and Spine Specialists, 2901 Pleasant Valley Road, York PA 17402 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAfNHART, Defendant JURY TmAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, KDV Orthopedics, 908 George Street, York PA 17402 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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, .,.,,;thin twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply .,.,,;th it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR: Defendants Prothonotary/Clerl(, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAIN HART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Hospital, 1001 South George Street, York, PA 17401 (Name of Person or Entity) Within !v.Ienty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records andlor documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, West Shore EMS (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 date of loss: 2/14/01 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. PCB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR: Defendants Prothonotary/ClerK, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Hospital, 1001 South George Street, York, PA 17401 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42..()603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk. Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.SU.330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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. \Whin 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: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003.SU.330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Rehab Associates, 1850Normandie Drive, York PA 17404 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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, v.1thin twenty (20) clays 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: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. PCB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk. Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Hospital Pain Relief Center, 400 Pine Grove Commons, York PA 17403 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, dJo/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Colonial Medical Center, 955 S. George Street, York PA 17403 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 FOLl.OWING PERSON: NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian,York Neurosurgical Associates, 2319 S. George Street, York, PA 17403 (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 A TIORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, State Farm, P.O. box 15085, 1690 Kenneth Rd, York, PA 17405 (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: Any and all claim records, medical records and/or documents, test results, discogram studies, correspondence, writings, ' including but not limited to your entire file pertaining to Barry Anderson or Elizabeth F. Anderson, claim No. Policy No. 6288230381, Date of loss: 2/9/00 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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, .,.,,;thin 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: Brooks R. Foland, Esquire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Progressive, 2200 Stafford Avenue, Scranton, PA 18505 (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: Any and all claim records, medical records and/or documents, test results, discogram studies, correspondence, writings, I including but not limited to your entire file pertaining to Barry Anderson or Elizabeth F. Anderson, claim No. 004251218. Insured: Charles Beck at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: NAME: Brooks R. Foland. ESQuire ADDRESS 305 N. Front Street. POB 999 Harrisbura, PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Cieri<, Civil Division Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Ace Property and Casualty, P.O Box 154409, Irving, TX 75015 (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: Any and all claim records, medical records andlor documents, test results, discogram studies, correspondence, writings, I including but not limited to your entire file pertaining to Barry Anderson or Elizabeth F. Anderson, claim No. 39317819587 date of loss: 7/8/98 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: Prothonotary/Clerk. Civil Division NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR: Defendants Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Pennex Aluminum (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follOYling documents or things: Any and all employment records, attendance records, disability slips, wage information, medical records, co rrespondencl writings, etc. on behalf of r Elizabeth F. Anderson, ssn: 196-48-8246, d/o/b: 12/22/55 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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, Vvithin 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: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Prothonotary/Clerk. Civil Division Deputy DATE: Seal of the Court o l~ ~;:: c. ..' 7"- Z' ~(=) c: 2: :2 o c...) ~ ....n ;.\.J \ f.v o -n :'J ;~~j -""':J :":,:':.: (;> u3 <.c.rn '-.-.1 :_:\ 55 :..<. ~ ,-"' (1"' BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~--- by: /::; ~ B~" . ;'lm~ &q,ire .r-- _ J.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this .!itiLday of July, 2003, I, Barbara Onorato, ofthe law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy ofthe same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esquire 46 East Philadelphia Street York,PA 17401 I!Jrww ~ Bm-bara Onorato, Legal Assistant BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003.SU.330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, KDV Orthopedics (Name of Person 01' Entity) Within twenty (20) days after servlce of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE, (717\ 255-7626 SUPREME COURT 10 No, 70102 ATTORNEY FOR: Defendants Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003.SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Dr. Scott Cherry (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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, 'Nithin t\oventy (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: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 A TIORNEY FOR: Defendants Deputy DATE: Seal of the Court vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Rehabilitation Associates (Name of Person or Entity) Within t..venty (20) days after service of this subpoena, you are ordered by the court to produce the follO'Ning documents or things: Any and all medical records andlor documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together w;th the certificate of compliance, to the party making this request at the address listed above. You have the '1ght 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, INithin 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: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland. Esauire AODRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT 10 No: 70102 A TIORNEY FOR; Defendants Daputy DATE: Seal of the Court vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU.330 CIVIL ACTION - LAW BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Anesthesia Associates of York (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: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. Including but not limited to your entire file pertaining to Barry Anderson, d/o/b: 8/2/51, ssn: 210-42-0603 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 selVice, 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: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisburq. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURTID No: 70102 ATTORNEY FOR: Defendants Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAINHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, York Rehabilitation Associates (Name of Person Of' Entity) Within tl.Yenty (20) days after SBlVice of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48,8246 .tTHOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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: Prothonotary/Clerk, Civil Division NAME; Brooks R. Foland. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisburq. PA 17108 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Deputy DATE: Seal of the Court BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-SU-330 CIVIL ACTION - LAW vs. BERNADINE L. MAlNHART, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, KDV Orthopedics (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follow;ng documents or things: Any and all medical records and/or documents, test results, discogram studies, correspondence, writings, etc. including but not limited to your entire file pertaining to Elizabeth Anderson, d/o/b: 12/22/55, ssn: 196-48-8246 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together 'Nith 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 selVing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Prottlonotary/Clerk, Civil Division NAME: Brooks R. Foland. Esauire AOORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE; (717) 255-7626 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Deputy DATE: Seal of the Court () C) n c (,:.) -Tl Z-?'. I 0 p.~: ,"- ~;;:: :-1 , II "7 r". "'.-'-.. 1_") (,:) CO ,"~ r-> " <' -, :J:::: '. - Z C' 1'1 5> c. :.,.) L": -,=~ -';1 -j] -, CO -< PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case; (Check one) (X) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------------------..---------------- CAPTION OF CASE (entire caption must be stated in full) (check one) BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs X) Civil Action - Law ) Appeal from Arbitration vs. ) - (other) NO. 2003-SU-330 Civil Term BERNADINE L. MAINHART, Defendant The trial list will be called on August 10, 2004 Trials commence on September 13,2004 retrials will be held on August 18, 2003 Briefs are due 5 days before pretrials.) The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1) Indicate the attorney who will try case for the party who files this Praecipe: ;8rooks R. Foland. Esquire. Thomas. Thomas & Hafer. LLP. P.O. Box 999. Harrisburg. PA. 17108-0999 Indicate trial counsel for other parties if known....;. Douglas R. Bare. Esn.. 35 South Queen Street. York PA 17403.854.1900 This case is ready for trial. Signed~ 2:> Print Name: Brooks R. Foland Attorney for Defendant Be adine L. Mainhart Dated; June 3, 2004 CERTIFICATE OF SERVICE AND NOW, this 3rd day ofJune 2004, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and con:ect copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esq. 35 South Queen Street York, PA 17403 Coleen M. Polek Q ~.;;; ~_ .J '-. 2~ :;! ...., = '''' .roc- c.... s;: ....c o -n --, :1': nl :JJ roo :RPi ;,'r- ~::.iC) ;:-~;;~q ~j in I ..,' -u ::h.: " Ul ~2 BARRY E. ANDERSON and ELIZABETH F. ANDERSON, hnsband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2003-SU-330 CIVIL ACTION - LAW BERNADINE L. MAlNHART, Defendant JURY TRIAl, DEMANDED PRAECIPE WITHDRAWING CASE FROM TRIAL LIST TO THE PROTHONOTARY: Please withdraw the above case from the trial listing for the September term of court. Respectfully submitted, by: TH5r~E~~~p Brooks R. Foland, Esquire LD. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, P A 17108-0999 (717) 255-7626 Attorneys for Defendant CERTIFICATE OF SERVIC}I AND NOW, this 22nd day of June 2004, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and com:ct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esq. 35 South Queen Street York,PA 17403 ~~ , 0 ...., 0 = ~ 5:2 -n '- ,-I -; I,l ,-j' C.. n'r: ~,,_.. -n(TI roo) -;:.J(~ W -c) , C ('-) "7 ~;H~ -.'.,,, r;~) \ -,:" W " (J~ -.<.. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JUR Y trial at the next term of civil court. ( ) for trial without a jury. --------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs (X) Civil Action - Law ( ) Appeal from Arbitration vs. - (other) BERNADINE L. MAINHART, Defendant NO. 2003~-330 Civil Term I he trial list will be called on April 19, 2005 rials commence on May 16. 2005 retrials will be held on April 27, 2005 Briefs are due 5 days before pretrials.) (The parry listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, ursuant to local Rule 214.1) Indicate the attorney who will try case for the party who files this Praecipe: Brooks R. Foland. ESQuire. Thomas. Thomas & Hafer. LLP. P.O. Box 999. Harrisburg. PA. 17108.0999 Indicate trial counsel for other parties ifknown....;. Dou las R. Bare Es 35 South ueen Street York PA Pr nt Name: Brooks R. Foland. sq Attorney for Defendant Bernadine L. Mainhart This case is ready for trial. Dated: Febrnary 25, 2005 CERTIFICATE OF SERVICE AND NOW, this 25th day of February 2005, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Douglas R. Bare, Esq 35 South Queen Street York, PA 17403 (!vrrOL---- Coleen M. Polek 7'> "3 -r.. ~ ~ <"" c:;.> \:'''' 6> ""'" "-;:l:. (::~ .r' <..P - BARRY E. ANDERSON and ELIZABETH F. ANDERSON, husband and wife, Plaintiffs IN THE COURT OF C MMO PLEAS CUMBERLAND COU TY, PE NSYLV ANIA NO. 2003-SU-330 J CIVIL ACTION - LA 1 vs. BERNADINE L. MAINHART, Defendant JURY TRIAL DEMAN ED PRAECIPE WITHDRAWING CASE FROM TRIAL 1ST TO THE PROTHONOTARY: Please withdraw the above case from the trial listing for the May te of cou as settlement has been reached between the parties. Respectfully submitted, THOMAS, THOMAS & HA ER, LLP by: .-/' rooks R. Folan , LD. No. 70102 305 North Front Street, 6th Flo r POB 999 Harrisburg, P A 17108,0999 (717) 255-7626 Attorneys for Defendant - AND NOW, this CERTIFICATE OF SERVICE Sf sr- . , day of Ired.. '[ {f-;2005, I, Co1een M. olek, of he law finn of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and co ect copy fthe foregoing document by placing a copy of the same in the United States Ma 1, po stag . prepaid, to the following: Douglas R. Bare, Esq. 35 South Queen Street York, PA 17403 I( 1/1/",1- .ill- I / '- Co1een M. Polek ("- '""' ( .~_J c-~:; <.J' C) -n .'.. ~--, -'" ill('=':' .{T1 .',\..> \() " -- ( "~, {~ 6 Barry E. Anderson and Elizabeth F. Anderson, husband and wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Bernadine 1. Mainhart NO. 03-330 CIVIL TERM ORDER OF COURT AND NOW, April 19,2005, counsel having failed to call the above case for trial, the case is stricken from the May 16, 2005 trial term. Counsel is directed to rellst the case when ready. ~ George E. Hoffer, PJ. ~uglas R. Bare, Esquire For the Plaintiff ~ooks R. Foland, Esquire For the Defendant .~ ~ o ~-/9-05 Court Administrator jhk Z51 :S 1,1:1 6! )!dV SGilZ Atrv~~.u//), ,.i.':,~::.>3 :JH.l :10 jC}i':!::~O--(1:ni:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BARRY E. ANDERSON, and ELIZABETH F. ANDERSON, as husband and wife, Plaintiffs No: 2003-- .330 Clu;Lc..,-~ CIVIL ACTION- LAW vs. BERNADINE L. MAINHART Defendant JURY TRIAL DEMANDED To: Prothonotary, Curtis R. Long Cumberland County Courthouse One Courthouse Square Carlisle P A 170 I3 PRAECIPE TO SETTLE AND SA TISFY Please mark this case as settled and satisfied and discontinued. Date: 5-<2t;'-2~t:; c RespectfUllY, SUb~ 5")~ C--~ Douglas R. B , squire Pa. I.D.#: 43877 Attorney for Plaintiff 35 South Queen Street York, Pennsylvania, 17403 (717) 854-1900 . (") C~_:. ~,' ';~ <-'", () -n :::;:j , f'"J ~-r") '-.) r;:) '-0