HomeMy WebLinkAbout97-06967
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LAW OFFICES OF:
BATT, HAl,PERN & WE;INRAUB
BY: BARBARA A. HALPEHN
IDENTIFICATION NO.: 25394
1101 Market Street, Suite 2710
Philadelphia, PA 19107
(215) 629-7225
AHliITRATION
Assessment of Damages
Hearing is Required
A'I"l'ORNEY FOH PLAINTIFF
S IRDEANER LE I GH
7736 Michener Avenue
Philadelphia, PA 19150
COUHT m' COMMON PI,EAS
CUMBE:RLAND COUNTY
v.
I'
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
2500 Camp Hill Road
P.O. Box 8837
Camp Hill, PA 17001
and
STATE CORRECTIONAL INSTITUTE OF
RETREAT
RD #3
P.O. Box 500
Hunlock Creek, PA 18621
NO. C-) ') Ii' tJ & '7 tl~iJ....::k tJ'1
COMPLAINT - CIVIL ACTION
MQIOR VEHICLE ACCIDENT
NOTI CE
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice aLe served,
by entering a written Appearance personally or by an attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a Judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose property or other rights
important to you.
YOU SHOULD TAKE; THIS PAPER TO YOUH LAWYEH AT ONCE. I F YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO E'IND OUT WHERE YOU CAN GET LEGAL HELl?
CUMBEHLAND COUNTY REFERRAL SERVICE
COURT ADMINISTRATION OFFICES
4 :11 FLOOR COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
Page -2-
1. Plaintiff, Sirdeaner Leigh, is an adult individual
residing within the City and Cuunty of Philadelphia, Commonwealth
of Pennsylvania at the above address.
2. Defendant, Commonwealth of Pennsylvania, Department
of Corrections, hereinafter referred to for brevity as
"Commonwealth", is an agency of the Corrunonwealth of Pennsylvania.
3. Defendant, State Correctional Institute of Retreat,
hereinafter referred to for brevity as "Retreat", is a
correctional facility and division and/or entity of Defendant
Corrunonwealth, located in Luzerne County, Corrunonwealth of
Pennsylvania, at the above address.
4. At all times material hereto, Defendants
Corrunonwealth and/or Retreat, hereinafter collectively referred to
as "Defendants," was/were the owner(s) and/or lessee in
possession and/or control of certain real property and prison
thereon located in Hunlock Creek, Luzerne County, Corrunonwealth of
Pennsylvania.
5. At all times material hereto, Defendants did
operate the aforementioned premises as a prison and correctional
institute, and did control, possess, manage, and/or maintain the
said premises themselves, or, alternatively, through agents,
servants, workmen, employees, and/or contractors, who at all
times were operating within the course and scope of their
employment and in the furtherance of Defendants' business and
purpose.
Page -3-
6. At all timGfi maL"r ia 1 hereto, De[Qndants WQre
responsible [or inst.alling, replacinq, repai.ring, improving,
constructing, maint.aining, controlling, and/or renovating the
aforesaid premises and mQre specifically the steps and stairwells
on and about the property, in a sa[Q condition, and more
particularly, [or installing, replacing, repairing, improving,
constructing, maintaining, controlling, and/or renovatIng such
steps therein in a safe and proper condition sufficient t.o
protect those in and about t.he premises.
7. On or about December 24, 1995, at or about. 1:40
p.m., Plaintiff, SIrdeaner LeIgh, was a visitor and invItee on
the said premises and was attempting to exit the said prison and
descend the steps, when suddenly, and without warning, Plaintiff
was caused to slip, trip, stumble, and/or [all by a defective,
irregular, unsecured, cracked, broken and/or loose step and/or
concrete, causing Plaintiff to lose her balance, step, turn,
move, and/or twist in an unusual, abnormal, and irregular,
fashion, resulting in serious and/or permanent personal injuries,
which are hereinafter more fully set forth.
8. The aforesaid accident was caused by the negligence
of the Defendants, their agents, servants, workmen, and/or
employees, acting as a foresaid, in:
al Failing to properly and adequately secure
and/or install the aforesaid step which were installed in the
aforesaid premises;
Page -4-
b) Falling to cXc~clse ~easonable ca~e in
installing, replacing, ~epal~ Lng, Lmproving, constructing,
maintaining, controlling, and/or renovating the aforesaid step;
c) FailIng to exercLse reasonable care in
inspecting and/or installing the said step so as to insu~e the
safety of the plaintiff;
d) Falling to provlde proper barricades to block
the dangerous condition which existed;
e) Failing to warn persons, including the
plaintlff, of the dangerous condition presented by the unsafe
step;
f) Permittlng the said step, to become and remain
In a dangerous condition when defendants knew or should have
known that the said condition presented a danger to individuals
such as plaintiff;
g) Failing to remedy a known dangerous condition;
h) Disregarding the rights and safety of the
plaintlff and other persons lawfully IIpon the premises;
i) Failing to abate a public nuisance;
j) F'ail1ng to exercise due care under the
circumstances;
k) Otherwise violating the BuildLng and Housing
Codes and Ordinances of Hunlock Creek, Luzerne County, relating
and pertaining to the operation and maintenance of the property.
9. The aforesaid accident resulted solely from the
.
Page -5-
negligence and recklessness of the defendants herein and was due
in no manner whatsoever to any act or failure to act on the part
of the plaintiff.
10. Plaintiff, Sirdeaner Leigh, avers that the
Defendants, Conunonwealth and/or Retreat, had or should have had
warning and/or notice of the existing dangerous condition, and
that she had no notice of. same.
11. Solely as a result of the negligenr;e of the
Defendants acting as aforesaid, Plaintiff, Sirdeaner Leigh, was
injured in and about the body, the said injuries being caused,
precipitated and/or aggravated by the aforesaid negligence of the
Defendants, and she did in particular but without limitation
suffer a fracture right ankle, with severe sprain, a severe shock
to her nerves and nervous system, and various other ills and
injuries, and suffered a permanent loss of bodily function and/or
permanent disfigurement, all of which injuries as aforesaid, are
or may be serious and permanent, and have disabled and prevented
her from attending to her usual duties and occupaticns, and have
and may in the future impair her earning capacity and/or earning
power, and have necessitated the incur.ring of expenses in and
about endeavoring to treat and/or cure herself of the said
injuries, any or all of which may continue, for which sums
plaintiff hereby makes claim.
12. As a further result of the negligence of the
Defendants, Commonwealth and/or Retreat, as hereinbefore set
Page -6-
forth, Plaintiff, Sirdeaner Leigh, has suffered severe physical
pain, mental anguish, and humiliation, and she may continue to
suffer the same for an indefinite time in the future, for which
plaintiff hereby makes claim.
13. Plaintiff, Sirdeaner Leigh, through her counsel,
did file timely and proper notice of her claim against Defendants
in compliance with the provisions of 42 Pa. C.S.A. Section 5522.
14. Defendants are liable to Plaintiff, Sirdeaner
Leigh, for the above accident and her resultant injuries pursuant
to 42 Pa. C.G.A. Section 8522 (b) (4).
WHEREFORE, Plaintif.f, Sirdeaner I,eigh, hereby demands
judgment against the Defendants, jointly and severally, in a sum
in excess of the Arbitration Limits of Cumberland County,
together with costs.
(,
!)
, ESQUIRE
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SIRDEANER LEIGH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Pluintlff
v.
COMMONWEALTH OF : CIVIL ACTION - LAW
PENNSYLVANIA, DEPARTMENT OF
CORRECTIONS und STATE
CORRECTIONAL INSTITUTE OF
RETREAT,
Defcndants : NO, 97-6967
E1'IT.RY OF APPEARANCE
TO THE PROTHONOTARY:
Plcasc cntcr my appearancc on bchalfofthc Dcfcndants, Commonwealth of
Pennsylvania, Departmcnt ofCorrcctions and Statc Correctional Institutc of Rctreat, in rcgard to
the abovc-captioncd mattcr.
D. MICHAEL FISHER
AT'[ NEY GENERAL
~~"~
Officc of Attorncy Gcncral
Torls Litigation Section
15'h FL, Strawberry Square
Harrisburg, PA 17120
(717) 783-1683
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SIRDEANER LEIGH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
COMMONWEALTH OF : CIVIL ACTION. LAW
PENNSYLVANIA, DEPARTMENT OF
CORRECTIONS and ST ATE
CORRECTIONAL INSTITUTE OF
RETREAT,
Defendants : NO. 97.6967
NOTICE TO PLEAD
TO ALL PARTIES:
YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty
(20) days of the date of service hereof or a default judgment may be entered against you.
RESPECTFULLY SUBMITTED:
D, MICHAEL FISHER
Attomey General
BY:
Office of Attorney General
Torts Litigation Section
15th Fl., Strawberry Square
Harrisburg, PA 17120
(717) 783-8035
DATED: June 4, 1998
Hunlock Creek, Luzemc County, Commonwcalth of Pennsylvania. By way of furthcr answcr,
thc Commonwealth Defendants affimlatively state that thc State Corrcctionallnstitute is thc
administrative agency of the prison,
5. Admitted,
6. Admitted,
7. Dcnied, It is specifically denied that a dangerous condition existed on the
premises of the prison as refcrred to in Plaintiffs Complaint. To the contrary, at all times
material to the happening of the events set forth in Plaintiffs Complaint, the premises in
question was in a reasonably safe condition for use by rcasonably prudent persons.
Aller rcasonable investigation, the Commonwealth Defcndants arc without
sufficient knowledge or information to form a bclicfas to the truth of the rcmaining avenncnts,
and therefore, said averments are specifically denied.
8. Denied. It is specifically denicd that thc Commonwealth Defendants, or any of
their agents, servants, workman, and/or cmployees, were negligcnt in any manner with respect to
Plaintiff's allcged cause of action. By way of further response:
a)-g) Denied generally pursuant to Pa. R.C.P. 1029(e).
By way of further answer, Cemmonwealth Dcfendants state that the
subparagraphs 8 d), e), f), and g) of Plaintiffs Complaint have been amended per Stipulation of
Counsellilcd herein.
By way of further answer, Commonwealth Defendants statc that the
subparagraphs 8 h), i),j), and k) ofPlainliffs Complaint have been stricken per Stipulation of
Counsel filed herein.
2
Furthemlore, it is specifically denied that a dangerous condition existed on the
premises of the prison lIS referred to in Plaintiff's Complaint. To the contrary, at all times
material to the happening of the events set forth in Plaintifrs Complaint, the premises in
question WllS in a rellSonably safe condition for use by reasonably prudent persons.
9. Denied. The allegations of this parugraph are denied lIS conclusions of law to
which no responsive pleading iR required. If a responsive pleading is deemed to be required, it is
specifically denied that the Commonwealth Defendants were negligent and/or reckless in any
manner with respect to Plaintiff's alleged cause of action or that they cause Plaintiff's alleged
accident in any manner.
After rellSonable investigation, the Commonwealth Defendants are without
sufficient knowledge or information to form a belief as to the truth of averments regurding
Plaintiff's conduct, and therefore, said averments are specifically denied,
10. Denied. It is specifically denied that a dangerous condition existcd on the
premises of the prison lIS referred to in Plaintiff's Complaint. To the contrary, at all times
material to the happening of the events set forth in Plaintifrs Complaint, the premises in
question WllS in a rellSonably safe condition for use by reasonably prudent persons,
After reasonable investigation, t"e Commonwealth Defendants are without
sufficient knowledge or information to form a belief as to the truth of averments regarding
Plaintifrs knowledge and/or notice, and therefore, said averments are specifically denied.
The remaining allegations of this paragraph are denied as conclusions of law to
which no responsive pleading is required. If a responsive pleading is deemed to be required, it is
specifically denied that the Commonwealth Defendants, had or should of have had warning
3
and/or notice of an alleged dangerous condition,
II. Denit':d. It is specifically denied that a dangerous condition existed on the
premises of the: prison as referred to in Plaintifrs Complaint or that the Commonwealth
Defendants were negligent in any manner with respect to Plaintifrs alleged cause of action, To
the contrary, at all times material to the happening of the events set forth in Plaintifrs
Complaint, the premises in question was in a reasonably safe condition for use by rcasonably
prudent persons.
After reasonable investigation, the Commonwealth Defendants are without
sufficient knowledge or infonnation to fonn a belief as to the truth of avennents regarding
Plaintifrs alleged injuries and/or danlages, and therefore, said avennents are specifically denied.
The remaining allegations of this paragraph are denied as conclusions of law to
which no responsive pleading is required,
12 Denied. It is specifically denied that a dangerous condition existcd on thc
premises of the prison as referred to in Plaintiffs Complaint or that the Commonwealth
Defendants were negligent in any manner with respect to Plaintiffs alleged causc of action, To
the contrary, at all times material to the happening of the events set forth in Plaintiffs
Complaint, the premises in question was in a reasonably safe condition for use by reasonably
prudent persons.
After reasonable investigation, the Commonwealth Defendants are without
sufficient knowledge or infonnation to fonn a belief as to the truth of avennents regarding
Plainliffs alleged severe physical pain, mental anguish, and humiliation, that she has allegedly
suffered or may suffer, and therefore, said avennents are specifically denied.
4
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13, Denied, After reasonable investigation, the Commonwealth Defendants arc
without sufficient knowledge or infonnation to form a belief as to the truth of these averments.
14. The allegations set forth in this paragraph ofPlaintifrs Complaint constitute
conclusions of law to which no responsive pleading is required pursuant to lhe PennsylVllnla
Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as
factual allegations, said alleglltions are specifically denied, and strict proof thereof is hereby
demanded at the time of tria\.
WHEREFORE, Defendants, Commonwealth of Pennsylvania, Department of Corrections
and State Correctional Institute of Retreat, respectfully requests that judgment be entered in its
favor and against the Plaintiff,
NEW MATTER DIRECTED TO PLAINTIFF'
15. The present action is controlled by the provisions of I Pa. e.s. ~231 0 and Act No.
1980-142, set forth in 42 Pa. C,S. ~~850I, et seq., which Acts are incorporated herein and pled
by reference. The Commonwealth Defendants asserts all the defenses contained therein.
16. The Commonwealth Defendants did not have notice, written or otherwise, of the
allegedly dangerous condition, or in the alternative, if said notice was received, it was not
received in sufficient time prior to the alleged accident for the Commonwealth Defendants to
have corrected or to have warned the public of tile allegedly dangerous condition.
17. There is no cause ofaction based upon a failure to inspect or improper inspection
in that sovereign immunity has not been waived for such claims.
20. The Commonwealth party is imm!lne from suit pursuant to 1 Pa. C.S. ~231 0, and
this action is not within any ofthe exceptions to immunity as set forth in 42 Pa. C.S. ~8522, and
5
therefore this action is barrcd.
21. The Conllllonwealth Defendants had no duty with rcspect to the Plaintiff.
22. Should liability be found on the part of the Commonwealth Defendants, thc
amounts and types of damages rccoveruble in the present action are limited and controlled by 42
Pa. C.S. ~8528,
23. The Commonwealth Defendants maintain that they cannot bc sued for
discretionary functions, and therefore these causes of action are barred,
24, The Commonwealth Defendants aver that recovery cannot be had against them for
the exercise of authorized discretion,
25. The Judicial Code at 42 Pa. C.S. ~5522(a), which section is incorporated herein
and pled by reference, provides that the Commonwealth and the Attomey General must have
received wrillennotice of intent to sue within six (6) months from the date the cause of action
accrues. In the absence of such notice, this action is barred.
26. The alleged conduct oCthe Commonwealth Defendants, standing alone, did not
cause the Plaintiff's hann; therefore, the Commonwealth Defendants cannot be held liable for the
Plaintiffs alleged injUries.
27, If the accident occurred as alleged, then the condition complained of did not cause
the accident or the injuries complained of.
28. The Commonwealth Defendants aver that if negligence is found to exist on its
part, said negligence was not the proximate cause of Plaintiff's injuries,
29. If the accident occurred as alleged, then the condition complained of did not
create a reasonably foreseeable risk of the accident or the injuries complained of.
6
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30, The PlaintitTwas contributorily negligent and/or failed to mitigate the claimed
damages, thereby limiting wId/or barring any recovery,
31. The Commonwealth Defendants are absolved from liability because any
negligence alleged on their part merely facilitated the Plaintiff's injuries.
32. The causal negligence of the PlaintitTis greater than any negligence on the part of
the Commonwealth Defendants, and Plaintiff's recovery is therefore barred, or, in the alternative,
must be diminished in accordance with the Pennsylvania Comparative Negligence Act.
33, The Commonwealth Defendants invoke any and all common law defenses
available to it pursuant to 42 Pa. C.S, ~8524.
34, The Commonwealth Defendants are immune from claims grounded upon
negligent supervision or employment.
35. The Commonwealth Defendants have no specific duty to Plaintiff to remove
accumulation~ of ice and snow from the subject premises,
Respectfully submitted,
D. MICHAEL FISHER
Atto General
By: '
STEVEN C. GOULD
"Deputy Attorney General
ID #80156
Torts Litigation Section
1 Sth Floor, Strawberry Square
Harrisburg, PA 17120
717-783-8035 - Direct Dial
DATED: June 4, 1998
7
.
CERTIFICATE OF SERVICE
I hereby certify that I am this day sending a copy of the foregoing document to all
persons and in the manner indicated below,
SERVICE MADE BY FIRST CLASS MAIL
ADDRESSED AS FOLLOWS:
BARBARA A, HALPERN, ESQUIRE
1101 MARKET STREET, SUITE 2710
PHILADELPHIA, PA 19107
Office of Attorney General
Torts Litigation Section
I 51lt FI., Strawberry Square
Harrisburg, P A 17120
(717) 783-1683
DATED: JUNE 4, 1998
~~~
STEVEN C, ~OULD .
Deputy Attorney General
10#80156
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21, Denied as a conclusion of law to which no responsive pleading Is
required,
22, Denied as a conclusion of law to which no responsive pleading Is
required,
required.
23, Denied as a conclusion of law to which no responsive pleading is
required.
24. Denied as a conclusion of law 10 which no responsive pleading Is
required,
25. Denied as a conclusion of law to which no responsive pleading is
required.
26, Denied as a conclusion of law to which no responsive pleading is
required,
27, Denied as a conclusion of law to which no responsive pleading is
required.
28, Denied as a conclusion of law to which no responsive pleading Is
required,
29. Denied as a conclusion of law to which no responsive pleading is
required.
30. Denied as a conclusion of law 10 which no responsive pleading is
required,
31, Denied as a conclusion of law to which no responsive pleading is
32. Denied as a conclusion of law to which no responsive pleading is
VERIFICATION
BARBARA A. HALPERN, ESQUIRE, being duly sworn according to law,
deposes and says that she Is attorney for plaintiff; that thEl within pleading contains
Issues of substantive law upon which she Is entitled to express an opinion as an
attorney and concerning which the plaintiff, as a lay person would not be In a position
to take a verification, and the averments contained In the attached pleading are true
upon the signer's personal knowledge, Information and belief, and they are made
subject to the penalties of 18 Pa, C,SA 4904 relating to unsworn falsification to
authorities.
BARBA
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SIRDEANER LEIGH,
Plaintiff
: IN THE COUR,T OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
: CIVIL ACTION - LAW
COMMONWEALTH OF
PENNSYl,VANIA, DEPARTMENT OF
CORRECTIONS and STATE
CORRECTIONAL INSTITUTION OF
RETREAT,
Defendant
: No. 97-6967
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR D1SCOYERY
fljRSUANT TO RULE 4009.21
Commonwealth of Pennsylvania, Department of Corrections, Defendant intends to serve.
subpoenas identical to the ones that are attachcd to this notice. You have twenty (20) days from
the datc listcd below in which to filc of rccord and serve upon thc undersigncd an objcction to the
subpoena, If no objection is made, the subpocna may be served.
Date:
-.,/rh7
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Stcvcn C. Gould' .
Deputy Attorney Gcneral
SIRDEANER LEIGH,
Plainti ff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
COMMONWEAL HI OF
PENNSYLVANIA, DEPARTMENT OF
CORRECTIONS and STATE
CORRECTIONAL INSTITUTION OF
RETREAT,
Defendant
: No. 97-6967
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO Rlll,E 4009.22
TO: Wissahickon Orthopaedic Specialists
140 I Bethlehem Pike
Flourtown, P A 1903 I
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: All correspondence, office notes, progress notes,
reports, consultation reports, laboratory studies, x-rays, MRI, CT scans, or other studies,
operative notes, medical prescriptions, medical history, rehabilitation or therapy notes, including
any consultation by any outside physician or other health care provider relative to Sirdeaner
Leigh (DOB 1/25/40), regardless of whether the same predates or postdates the accident of
December 24,1995, at the Office of Attorney General, Torts Litigation Unit, 15111 Floor
Strawberry Square, Harrisburg, PA 17120.
You may deliver or mail legible copies of the documents or pcoduce things requested by
this subpoena, together with the certification 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 docwnents 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.
Ibis subpoena was issued at the request of the following person: Steven C. Gould,
Deputy Atty. General. Office of Attorney General, Torts Litigation Unit, 15111 FI. Strawberry
Square, Harrisburg, PA 17120.
BY HIE COURT:
'-
DATE:~~l 1. (9ft!
,
Ji~r<--~ ,; .~ .
SIRDEANER LEIGH,
Plaintiff
vs,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
COMMONWEALTH OF
PENNSYL VANIA, DEPARTMENT OF
CORRECTIONS and STATE
CORRECTIONAL INSTITUTION OF
RETREAT,
Defendant
: No. 97-6967
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR D1SCOVt!:RY PURSUANT TO RULE 4009.~2
TO: Chestnut Hill Family Practice
5th Floor
8815 Germantown Avenue
Philadelphia, PA 19118
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: All correspondence, office notes, progress notes,
reports, consultation reports, laboratory studies, x-rays, MR!, CT scans, or other studies,
operative notes, medical prescriptions, medical history, rehabilitation or therapy notes, including
any consultation by any outside physician or other health care provider relative to Sirdeaner
Leigh (DOB 1/25/40), regardless of whether the same predntes or postdates the accident of
December 24, 1995, at the Office of Attorney General, Torts Litigation Unit, 15th Floor
Strawberry Square, Harrisburg, P A 17120_
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certification 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. I I' 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: Steven C. Gould,
Deputy Atty, General, Office of Attorney General, Torts Litigation Unit, 15th FI. Strawberry
Square, Harrisburg, PA 17120.
BY HIE COURT:
DATE:~~t.. 3,. 1'i9f
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SIRDEANER LElGH,
Plaintill'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,PENNSYLVANIA
vs,
: CIVIL ACTION - LA W
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
CORRECTIONS and STATE
CORRECTIONAL INSTITUTION OF
RETREAT,
Dcfcndant
: No. 97-6967
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prcrcquisitc to scrvicc of a subpocna for documcnts and things pursuant to Rule
4009,22, Defendant certifies that:
(I) a notice of intent to serve the subpoenas with a copy of the subpocnas attached
thercto was mailed or delivered to each party at leust twenty days prior to the date
on which the subpocnas is sought to be served;
(2) a copy of the notice of intent, including the proposed subpocnas, is attached to
this certificate;
(3) no objection to the subpocnas hus been received; and,
(4) the subpoenas which will be served are idcntical to the subpoenas which are
attached to the notice of intent to serve the subpoena.
D. MICHAEL FISHER
A HORNEY GENERAL
Date: April 6, 1999
~YJJ.;.~(1-/, ~,(/
Steven C. Gould
Deputy Attorney General
, .
SIRDEANER LEIGH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: CIVIL ACTION. LA W
COMMONWEAL TH OF
PENNSYL VANIA, DEPARTMENT OF
CORRECTIONS und STATE
CORRECTIONAL INSTITUTION OF
RETREAT,
Defendant
: No. 97.6967
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2~
TO: Wissahickon Orthopaedic Specialists
1401 Bethlehem Pike
Flourtown, PA 19031
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: All correspondence, office notes, progress notes,
reports, consultation reports, laboratory studies, x-rays, MRI, CT scuns, or other studies,
operative notes, medical prescriptions, medical history, rehabilitation or therapy notes, including
uny consultation by uny outside physiciun or other health care provider relative to Sirdeuner
Leigh (DOe 1/25/40), regardless of whether the same predates or postdates the accident of
December 24, 1995, at the Office of Attorney General, Torts Litigation Unit, IS"' Floor
Strawberry Square, Harrisburg, PA 17120,
You may deliver or mail legible copies of the documents or produce thing~ requested by
this subpoena, together with the certification of compliunce, to the party making this request at
the address Iisled above. You have the right to seek in advunce 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 il~ 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: Steven C. Gould,
Deputy Atty. General, Office of Attorney General, Torts Litigation Unit, 1511I Fl. Strawberry
Square, Harrisburg, PAl 7120.
BY THE COURT:
DATE:~LLt-t J. (tff4-
-I!~lL'v .K IT
Pro~:p )fad~
'J '-~*(J
SIRDEANER LEIGH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
: CIVIL ACTION - LA W
COMMONWEAL TH OF
PENNSYL VANIA, DEPARTMENT OF
CORRECTIONS and ST ATE
CORRECTIONAL INSTITUTION OF
RETREAT,
Defendant
: No. 97-6967
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DlSCOV'ERY PURSUANT TO RULE 4009.22
TO: Chestnut Hill Family Practice
5th Floor
8815 Gemlantown Avenue
Philadelphia, PA 19118
Within twenty (20) days nfter service of this subpoena, you are ordered by the court to
produce the following docwnents or things; All correspondence, office notes, progress notes,
reports, consultation reports, laboratory studies, x-rays, MR!, CT scans, or other studies,
operative notes, medical prescriptions, medical history, rehabilitation or therapy notes, including
any consultation by any outside physician or other health care provider relative to Sirdeaner
Leigh (DOB 1/25/40), regardless of whether the same predates or postdates the accident of
December 24, 1995, at the Office of Attorney General, Torts Litigation Unit, IS'" Floor
Strawberry Square, Harrisburg, PA 17120.
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certification of cempliance, 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 preduce 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: Steven C. Gould,
Depuly Atty. General, Office of Attorney General, Torts Litigation Unit, 15'" Fl. Strawberry
Square, Harrisburg, PA 17120,
BY THE COURT:
DATE: ..Jl.~L 3/ I 'i 9-7
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