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HomeMy WebLinkAbout07-1252IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SONIA KHOURI, Plaintiff V MARK COLLINS, Defendant CIVIL ACTION - LAW NO. d 7 _ Ia,S7;?. JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SONIA KHOURI, Plaintiff V MARK COLLINS, Defendant CIVIL ACTION - LAW NO. 0'7- "5, 1' oc?_ 'T2- JURY TRIAL DEMANDED -6z- COMPLAINT AND NOW, this day of March, 2007, comes the Plaintiff, by and through her attorneys, Diveglia and Kaylor, P.C., who file the following complaint on her behalf and she avers in support as follows: 1. The Plaintiff, Sonia Khouri, is an adult individual who resides at 5 Northlatch Lane, Mechanicsburg, PA 17050. 2. The Defendant, Mark Collins, is an adult individual who resides at 319 Charles Road, Cumberland County, Mechanicsburg, PA 17050. 3. On July 27, 2005 at approximately 11:00a.m., Plaintiff was operating her motor vehicle south on South Sporting Hill Road and was approaching a traffic signal at the intersection on South Sporting Hill Road and ESP Drive, and came to a stop for a red traffic signal in her direction of travel. e 4. At the above said time and place, the Defendant was operating his motor vehicle in the same direction of travel as Plaintiff to the rear of Plaintiffs vehicle. 5. Despite the traffic signal was red and the Plaintiff had her vehicle at a stop, Defendant struck the rear of Plaintiff's vehicle causing injury to Plaintiff. 6. As a result of the above described collision, Plaintiff incurred left shoulder and neck pain as well as low back pain radiating into her buttock and thigh. 7. The above said injuries caused by the negligence of the Defendant described below required Plaintiff to incur an extensive course of physical therapy and injections to her left shoulder. Despite treatment, she continues with pain, and has incurred what is known as Thoracic Outlet Syndrome. 8. As a result of the above described injuries, Plaintiff has incurred extensive additional treatment and will incur treatment into the foreseeable future to relieve her of her problems. 9. Plaintiff continues to suffer pain as a result of her injuries. 10. The above described collision and resulting injuries and treatment are the result of negligence of the Defendant whose negligence consisted of the following: a) He failed to observe that the traffic signal was red as he was approaching the intersection in question and thereby failed to realized that the Plaintiff was stopped for the red traffic signal. b) He failed to avoid colliding into the rear of Plaintiff's vehicle which was in a stopped position. C) He drove his car in an inattentive manner. d) He was following Plaintiffs vehicle too closely. WHEREFORE, Plaintiff demands judgement against the Defendant for an amount in excess of the jurisdictional limits for Arbitration in Cumberland County, together with the interest and cost. Date: 3-.0`07 Respectfully submitted, DIVEGLIA & KAYLOR, P.C. By: Archie V. Diveglia`, Es Attorney I.D. # 17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff VERIFICATION The foregoing Complaint is based upon the information which has been gathered by my counsel in the preparation of the lawsuit. I have read the Complaint to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. - 27 Date Sonia Khouri vc GJ c°_ o v Him R 1TI ry (00) SHERIFF'S RETURN - REGULAR CASE NO: 2007-01252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KHOURI SONIA VS COLLINS MARK RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE COLLINS MARK was served upon the DEFENDANT , at 1707:00 HOURS, on the 15th day of March , 2007 at 319 CHARLES ROAD MECHANICSBURG, PA 17050 by handing to PHYLLIS COLLINS (WIFE 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 18.00 So Answers: Service 11.52 Affidavit Surcharge .00 10.00 • R. Thomas Kline Postage .39 / 39.91,/ ?I!g 03/16/2007 DIVEGLIA & KAYLOR Sworn and Subscibed to 31?' By: 6?12- before me this day Deputy eriff of A.D. r Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 07-1252 Civil Term MARK COLLINS, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Mark Collins, with regard to the above-captioned matter. Dated: U_W? u-c Respectfully submitted, CALDWELL & KEARNS By: a VV . aren V W. Miller Attorney I.D. No. 200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, Mark Collins 06621-173/141427 CERTIFICATE OF SERVICE AND NOW, this day of December, 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA 17350 CALDWELL & KEARNS By: r"E ??. , z:? ? ?:? ' ' ? {- = . _. ' ?'' ; s ? c?.a r?;., _r _. Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, Plaintiff V. MARK COLLINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Sonia Khouri c/o Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA 17350 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: \ 1? ?? 2 By: aren W. Miller Attorney I. D. # 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Mark Collins Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, Plaintiff V. MARK COLLINS, Defendant DOCKET NO. 07-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Mark Collins, by and through his attorney, Caldwell & Kearns, and files this Answer with New Matter and in support thereof, avers the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Denied as a conclusion of law. 6. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA proof thereof at trial. 7. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 8. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 9. Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. 10. (a) - (d) Denied. The averments contained in this paragraph state conclusions of law to which no answer is required. By way of further answer; however, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at trial. WHEREFORE, Answering Defendant, Mark Collins, respectfully requests this Honorable Court to dismiss this Complaint and enter judgment in his favor against the Plaintiff without cost to him, but together with such costs, expenses, and attorney's fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. DEFENDANT MARK COLLINS' NEW MATTER DIRECTED TO PLAINTIFF 11. The averments contained in Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. Plaintiff's claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Plaintiff's injuries pre-existed the motor vehicle accident which are the subject of the Plaintiff's Complaint. 14. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 15. Plaintiff failed to plead whether she was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A.§1705. 16. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C. P. 1030. 17. Plaintiff's claims are barred because of statutory and/or common law. 18. Plaintiff's claims are barred because of the Doctrine of Superseding and/or Intervening Cause. 19. Plaintiff sustained damages as alleged in her Complaint, which is expressly denied and that damages were caused by the acts or omissions of entities or individuals of which l Answering Defendant had no control or legal duty to control. 20. Plaintiff's cause of action is barred by the Doc WHEREFORE, Answering Defendant, Mark C Honorable Court to dismiss this Complaint and enter j nine of Assumption of the Risk. llins, respectfully requests this nt in his favor against the Plaintiff without cost to him, but together with such costs, expenses, nd attorney's fees as authorized by law and that this Court deems necessary, just, and appropriate under the circumstances. Respectfully su mitted, CALDWELL & KEARNS Datec[Au?`" \S ? I& By: Karen W. Mille Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for De ndant, Mark Collins 06621-173/141429 VERIFICATION The undersigned hereby verifies that the facts set in the foregoing document are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 ?a.C.S § 4904 relating to unsworn falsification to authorities. /?- Dated: Ilins .I., F AND NOW, this /T day of December, 2008, ? hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaidb addressed to: Archie V. Diveglia, Esquii Two Lincoln Way West New Oxford, PA 17350 CALD LL & KEARNS By: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONIA KHOURI, PLAINTIFF V. MARK COLLINS, DEFENDANT PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 11. No answer needed. 12. Denied. The allegation is a conclusion of law to which no answer is required. 13. Denied. Plaintiff's injuries arose from the motor vehicle collision in question. 14. Denied. The allegation is a conclusion of law to which no answer is required. 15. It is admitted, plaintiff did not plead full tort coverage. In fact, however, she had said coverage. 16-20. Denied. The allegation is a conclusion of law to which no answer is required. Respectfully submitted, Date: 3.1 0 -05 NO. 2007-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DIVEGLIA & KAYLOR, P.C. By: Archie Attorney I.D. #17140/ Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONIA KHOURI, PLAINTIFF V. MARK COLLINS, DEFENDANT NO. 2007-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this b "day of March , 2009, I, Archie V. Diveglia, for DIVEGLIA & KAYLOR, P.C., hereby certify that a copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER was served by first class mail, postage pre-paid and addressed to the following: Karen W. Miller, Esquire Caldwell and Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 DIVEGLIA &, KAYLOR, P.C. A hie . Diveglia-,Fs Attorney I.D. #17140 Two Lincoln Way We. New Oxford, PA 1735 (717) 624-2500 Attorney for Plaintiff C o kA -? Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARK COLLINS, V. Defendant. NO. 2007-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoenas, is attached to this certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoena. Date: 10q Respectfully submitted, CALDWELL & KEARNS By:??"- .. Karen W. Miller, Esquire I.D. No. 200037 3631 North Front Street Harrisburg, PA 17111 (717) 232-7661 Attorney for Defendant " if Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARK COLLINS, V. Defendant. NO. 2007-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA 17350 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 may be served. Respectfully submitted, CALDWELL & KEARNS By: (---K,()., W-, )?Jx ren W. Miller, Esquire I.D. No. 200037 3631 North Front Street Harrisburg, PA 17111 (717) 232-7661 Date: Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Sonia Khouri, Plaintiff, V. File No. 2007-1252 -Civil Term Mark Collins, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO.RULE 4009.22 TO: Friendship Communitv Center (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: Caldwell & Kearns at 3631 North Front Street Harrisburg, PA 17111 (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: Karen W. M' l r, attire ADDRESS: 3611 North Front cfreet Harri chnrar PA 17111 TELEPHONE: 717-2--1-9-7661 SUPREME COURT ID# 20 0 0 3 7 ATTORNEY FOR: p,f P n r1 A n t Date: 'Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy EXHIBIT A Attendance records and logs, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to: NAME: Sonia Khouri DOB: 02/15/60 Date of Loss: 07/27/05 Dates Requested: Any and all records from 01/01/2003 to present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Sonia Khouri, Plaintiff, File No. 2007-1252 Civil Term V. Mark Collins, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: LA Fitness (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: Caldwell & Kearns at 3631 North Front, Street Harrisburg, PA 17111 (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: Karen W. M' 1 r, Enguire ADDRESS: 3631 North Front- Street Harri churn. PA 1:Z111 TELEPHONE: 717-232-7661 SUPREME COURT ID # 2 0 0 0 7 ATTORNEY FOR: _DP f P n r1 a n t Date: 'Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy EXHIBIT A Attendance records and logs, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to: NAME: Sonia Khouri DOB: 02/15/60 Date of Loss: 07/27/05 Dates Requested: Any and all records from 01/01/2005 to present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Sonia Khouri, Plaintiff, V. Fi]eNo. 2007-1252 Civil Term Mark Collins, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Internal Medicine Assoniat-im--m (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: Caldwell & Kearns at 3631 North Front Street Harrisburg, PA 17111 (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: Karen W. M' leri: Esquire ADDRESS: 3631 North Front Street Harri c nrq., PA 17111 TELEPHONE: 717-232-7661 SUPREME COURT ID # 2 0 0 0 7 ATTORNEY FOR: DP f pnt?a n t BY THE COURT: Prothonotary, Civil Division Date: "Sea] of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: NAME: Sonia Khouri DOB: 02/15/60 Date of Loss: 07/27/05 Dates Requested: Any and all records from 0l /01 /2004 to present Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, MARK COLLINS, Plaintiff, V. Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thi&*y of, 2009, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA 17350 By: , - ) Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-1252 Civil Term MARK COLLINS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thjWday o LO 2009, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA a 7350 By: 1 CF THE Av 2009 APR 22 PH 1: 20 A- alow" -M ?-% --.RW,4pgrln A,116 Ate Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARK COLLINS, V. Defendant. NO. 2007-1252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoena, is attached to this certificate; 3. No objection to the subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. Respectfully submitted, CALDWELL & KEARN 1S By: ??" nl j Ci?are-nW. Miller, Esquire I.D. No. 200037 3631 North Front Street Harrisburg, PA 17111 04 (717) 232-7661 maft& Date. Attorney for Defendant JOAO NJASIO Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1252 Civil Term MARK COLLINS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA 17350 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, CALDWELL & KEARNS B V V . aren W. Miller, Esquire I.D. No. 200037 3631 North Front Street Harrisburg, PA 17111 (717) 232-7661 Date: ` Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Sonia Khouri, , Plaintiff, File No. 2007-1252 Civil Term V. Mark Collins, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Springs Family Practice (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: Caldwell & Kearns at 3631 North Front Street, Harrisburg, PA 17111 (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 snaking 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: Karen W- Miller, _ sQuire ADDRESS: 3631 North Front Street RarriGhura PA 17111 TELEPHONE: 71 7-232-7661 SUPREME COURT ID #_ 0 0 0 3 7 ATTORNEY FOR: Defendant Date: 'Sea] of the Court BY THE COURT: Prothonotary, Civil Division Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: NAME: Sonia Khouri DOB: 02/15/60 Date of Loss: 07/27/05 Dates Requested: Any and all records from January 2005 to present Vj Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1252 Civil Term MARK COLLINS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED CER IFICATE OF SERVICE AND NOW thi day of , 2009, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA 17350 By: Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Defendant, Mark Collins SONIA KHOURI, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1252 Civil Term MARK COLLINS, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thi%ay of , 2009, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Archie V. Diveglia, Esquire Two Lincoln Way West New Oxford, PA B} FILED' 't- I ?*Il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SONIA KHOURI, CIVIL ACTION - LAW Plaintiff , V. NO. 2007-1252 Civil Term MARK COLLINS, , Defendant JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO: The Prothonotary Please discontinue the above case. All claims of the Plaintiff have been satisfied in full. Respectfully Submitted, DIVEGLIA 8s KAYLOR, P.C. Date: -of By: Archie V. Dive Via, E# Attorney I.D. 171 Two Lincoln lay t New Oxford, PA 1 0 (717) 624-2500 Attorney for Plaintiff i • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SONIA KHOURI, CIVIL ACTION - LAW Plaintiff V. NO. 2007-1252 Civil Term MARK COLLINS, , Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -ILy of December, 2009, I, Archie V. Diveglia, Esquire for DIVEGLIA 8a KAYLOR, P.C., hereby certify that a copy of the foregoing PRAECIPE FOR DISCONTINUANCE was served via fax to the following: Mark Collins c/o Karen W. Miller, Esquire Caldwell and Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 Fax- (717) 232-2766 DIVEGLIA & KAYLOR, P.C. By: Attorney I.D. # 17A Two Lincoln Way e t New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff AILED-t OFICE JE THE RROT I^N CTARy 2009 DEC 14 PM 2; 36 A ,,