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Home My WebLink About03-1327 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL WAYNE COLAR and CINDY COLJ\R, husband and wife ~a 1V?>4- t.v. PCtrfJt1 (2Do.o- f.!J rea. u.){ br,ofgdllaintiffs, LouI.>(/'tf-)A 70SI/ Civil Action No.: 03- 13~:=1 elvd v. AGAPE RESIDENTIAL MINISTRIES &: . SERVICES (A.R.M.S.), ~l be .,+~<;hl~AIc-fi- . KEVINC. STOUT 4Of1 Nc\u'(t;oflt!.- ('i\.~cne.,,'csbl-v-~ I Prt (7tJSS; and A-TEAM Lewj~ b-erriA.. (J A- HOME .MINISTRIES ~ J \ '7 ~3'1 3.;).\ 0'e~Lj~bLt r6 Pi I<-~ (K..e~~n lCf,burO.. fPefendants. '-->, 11(;)"-- /" :.:>,~ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forward to ( ) Attorney ( x ) Sheriff. Respectfully submitted, ~~ SamuelT.Cooper,Ill,Esqurre Supreme Court I.D.# 22079 Ron S. Chima, Esquire Supreme Court LD.# 81916 Eckert Seamans Cherin & Mellott, LLC 213 Market Street, Eighth Floor Harrisburg PA 17101 (717) 237-6000 Attorneys for Plaintiffs Date: '31 ~b(O} ~ 70 ~ :!l:. ~ ---- ~ VJ ;---'0 VI W ~ W '0 ~ \:) 3 ~ cr ~, r'l (1 !'" c; -t-_ o ~. 3 '" ..J V' I) ~- t' ; J -f ~ ~ ~ ....... f-__ . '-...../ '0 1./'/ D @' 1\) " -< '\."., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL WAYNE COLAR and CINDY COLAR, husband and wife \1 '?I.f- tD. Par+1n ('2oa..ol !3f'fCk..l{)( 8ndq e Plaintiffs, [bu) S I A--10A- 10$\" Civil Action No.: 6 3 / /:J ^ 7 v. AGAPE RESIDENTIAL MINISTRIES & : SERVICES (A.R.M.S.), ~dJ &-e~5". b(,("S ~ k~ KEVIN C. STOUT qer I f "a I, "I Jl\YJ ~I : IAl €Q.'A - C" b' and A-TEAM f\J VI.. ~ U 0 IL(;A..-: ' " Y\Q y\ '\ ::::. U 'j HOME MINISTRIES LevIs bE7r(' ~ PIf 1/'"33(J '3;;>\ Ge-\---\.~S~url\ (J{ke 7 (\^ I Defendants. l'\.e~hQnlCSIOU'\S) PA II05~ 1ft 170 s:;;- WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: /Vh.a. rc l, [)(P - d.-0tB By: JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-19419-JGDIh v. CUMBERLAND CO COURT OF COMMO NO. 03-1327 CAROL WAYNE COLAR AND CINDY COLAR, h/w AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM MINISTRIES I JUR Y TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for defendant, Agape Resideqtial Ministries & Services (A.R.M.S.), Kevin Stout and A-Team Home Ministries, in the above caPtio~d matter. BY: DEVLIN & ~SSOCIA TES, P.C. I I , I John \ (") c: -o~ mrr z--'- zr,~ ~~~~ r.:;; '._. ~c Z(:-- 50 (0= .<::-. -~~) -', c:' '-h po -~, :u I .....0 "",,;.~ - :,) ~ JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-19419-JGDIh CAROL WAYNE COLAR AND CINDY COLAR, h/w v. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 03-1327 AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM MINISTRIES JURY TRIAL DEMANDED DEMAND AND PERFECTION OF DEMAND FOR JIfRY TRIAL TO THE PROTHONOTARY: Defendants, Agape Residential Ministries & Services (A.R.M.S.), Kelvin Stout and A-Team Home Ministries, hereby demand a trial by jury by 12 individual men and women, a*d hereby perfect their demand for jury trial by the payment of the jury trial fee. JOHN GERARD D VLIN & A~SOCIA TES, P.C. John Gerard J1e 1; p \1 "i o BY: () c: z -0 ii, rnr-, -:7' .,. zr- ~5 r.:: l, - ~c~, z(_:' >c~ Z --I -( c,:' C,:. ~ .-.., :;'J .-.1 '.U ~? ::::> II JOHN GERARD DEVLIN & ASSOCIATES, P.e. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-19419-JGDIh v. I CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 03-1327 CAROL WAYNE COLAR AND CINDY COLAR, h/w AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM MINISTRIES PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint within twenty (jO) days hereof or suffer the entry of a Judgment of Non Pros. JOHN GERARD DEVLIN & A~SOCIATES, P.C. BY: l ~ ~ i RULE TO FILE COMPffINT AND NOW, this ~Y of ~,L ,2003, a Rule N,erebY granted 'Upon plaintiff to file a Complaint herein within twenty (20) ci~~ after service hereof or suffer the entry of a Judgment of Non Pros. 2: --~ 4,.-..< --0 \:'[ \!' ~> -7 -C. "1:::;, :'---;.)'-, ~0 \%::. ~ .' I"? t..:> -., '::";o~ ;.J --..; ....' S-l~ '-:;~ ~? {.,J .J ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CAROL WAYNE COLAR and CINDY COLAR, husband and wife Plaintiffs, Civil Action No.: 03-1327 v. AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.S.), KEVIN C. STOUT and A-TEAM HOME MINISTRIES Defendants. PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue the Writ of Summons in the above-captioned action. Writ of Summons shall be re-issued and forwarded to ( ) Attorney (x) Sheriff. Respectfully submitted, SamuelT. c~.~ ~ Supreme Court ID.# 22079 Ron S. Chima, Esquire Supreme Court I.D.# 81916 Eckert Seamans Cherin & Mellott, LLC 213 Market Street, Eighth Floor Harrisburg PAl 7101 (717) 237-6000 Attorneys for Plaintiffs Date: May 14,2003 ....0 l~~ lTlr', ' -:7 .-. -=;; ;:,.. CD \; -,' . f";: \:-. ~- $:(':: -;:; c,' -c :;:-: ---1 -( o c ;:>~ C) c#-.: ~ ~-,,::,'. -....::. , " ".' 1'.) t..~) , -{-, ;".~ m r.- <",) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLAR CAROL ET AL VS AGAPE RESIDENTIAL MINISTRIES E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT STOUT KEVIN C but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS , to wit: in his bailiwick. He therefore County, Pennsylvania, to On May }9th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 6.00 9.00 10.00 62.80 .00 87.80 05/19/2003 ECKERT SEAMANS Sworn and subscribed to before this /,1 't day of (~ .2003 A.D. n a ~~i~ ~ prothonotarf ' so~nswer..~.....;/. ~ ~---'. . /J' .~~ R. homas Kline . Sheriff of Cumberland County CHERIN MELLOTT me SHERIFF'S RETURN - REGULAR CASE NO: 2003-01327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLAR CAROL ET AL VS AGAPE RESIDENTIAL MINISTRIES E HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS A TEAM HOME MINISTRIES was served upon the DEFENDANT , at 1006:00 HOURS, on the 2nd day of April 2003 at 321 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to RANDALL LAMB, BOARD PRESIDENT ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this /.2~ day of ~.-:-..~ A.D. (pk~r1t~># So Answers: ~atf::'-. r ...~~!t~"" '," ~ .,;,~. y/;-jf _/~~ :1 ~ R. Thomas Kline 05/19/2003 ECKERT SEAMANS CHERIN & MELOTT By: J41~ Deputy<"Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLAR CAROL ET AL VS AGAPE RESIDENTIAL MINISTRIES E HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.S.) the DEFENDANT , at 1006:00 HOURS, on the 2nd day of April , 2003 at 321 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to RANDALL LAMB, BOARD PRESIDENT ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.28 .00 10.00 .00 36.28 So ;:~~~~ R. Thomas Kline 05/19/2003 ECKERT SEAMANS CHERIN MELLOTT Sworn and Subscribed to before By: 7Lt~u:~~eriff me this /.1 """ day of ~ dtrV'l A.D. (1.__ Q ~ ,J"y:. '-1'1P;;thonotary , -,-7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBER~~D COLAR CAROL ET AL VS AGAPE RESIDENTIAL MINISTRIES E GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County.. pennsylvania, who being duly sworn according to law, says, the wi thin 1~RIT OF SUMMONS was served upon A TEAM HOME MINISTRIES the DEFENDANT , at 1455:00 HOURS, on the 16th day of May , 2003 at 1073 YORK ROAD DILLSBURG, PA 17019 by handing to CORlE STEWART, DIR OF PROGRAM SERVICES, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~r7...,./~..~7 r ~-"'"-.ci' .~~ R. Thomas Kline 05/19/2003 ECKERT SEAMANS CHERIN MELLOTT Sworn and Subscribed to before me this /.2 ~ day of By: A ho.d.. Wr-rf.Jd::- Deputy~iff ()u" . ;lJJ,J3 A. D . C 1 '. O. ~'-' /J.a:;; ff prothonotarj I / SHERIFF'S RETURN - REGULAR CASE NO: 2003-01327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLAR CAROL ET AL VS AGAPE RESIDENTIAL MINISTRIES E GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.S.) the DEFENDANT , at 1455:00 HOURS, on the 16th day of May , 2003 at 1073 YORK ROAD DILLSBURG, PA 17019 by handing to CORlE STEWART, DIR OF PROGRAM SERVICES, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.83 .00 10.00 .00 20.83 So Answers: r'>J6;.e;~<~ R. Thomas Kline 05/19/2030 ECKERT SEAMANS CHERIN MELLOTT Sworn and Subscribed to before BY~ b.),-IL__~ Deputy"'Sh-aifi me this 1.2 e; day of ~,;luv3 A.D. (Lh. t2 ~ , ~;;;-thonotary . ~ ------ I (;;~~ 8>>d. =rei< Aw.:~r:.! V.. ) 0.0 1'0 JI1\J \he ~(~ ?~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (71 7) 771-9601 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRU,....T.~S:. .. PLEASE TYPEONLYUNE1.THRtMt . DO NOT DETACH.ANY COPIES 1 PLAINTIFF/SI 2 COURT NUMBER 03-1327 civil 4. TYPE OF WRIT OR COMPLAINT Carol Wayne Colar et al 3 DEFENDANT/SI Agape Residential Ministries & Services et al Writ of Surrmons SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOLD .. Kevin C. Stout 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO.. CITY, BORD. TWP., STATE AND ZIP CODE) AT 491 Nauvoo Road Lewisberry, PA 17339 7. INDICATE SERVICE: 0 PERSONAL C) PERSON IN CHARGE XXI DEPUTIZE 0 CERT. MAIL 0 1ST CLASS MAil 0 POSTED 0 OTHER NOW April 1 , 20~ I, SHERIFF 6~UNTY, PA, do hereby deputize the sheriff of York COUNTY to execule~hiS itjlfl5l ~ return lh r' rding to law. This deputization being made at the request and risk of the plaintiff. ~,~. , SRERIFF OFI. 00 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumbe and OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE RONS. CHIMA '2. SEND ~~~~W(EB~Cc8~BY~l't~IlA~DOADDRESS BELOW 110. TELEPHONE NUMBER 111. DATE FILED 237-6000 3-26-03 (This area must be completed if notice is to be mailed). ,..::., nnmmnmmmmmnlln .iiinmlf.E.B.lil._iFl_Olel~"HE.SHEIt'FF'.D()'N~TWAI'lien8.I.._i'liHI$!1INE' . 13. I aCknowledge receipt of the writ R. AHRENS 114. DATE RECEIVED j;5. Expiration/Hearing Date o,complaintas indicated above. / 4-2-03 4-25-03 16. HOW SERVED: PERSONAL ( RESIDENCE (\..V' POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc, named above. (See remarks below.) ~. EAN~~L~7lDIVID ~U?~2;~~y"OWNABOVE (Relationship to Defendant) 11~~;ti ~3cTo<?t~qs~H EMP S I Date I Time i1es lint I Date I ~ I Miles lint I Da11 Time 1 Miles lint I Date I Time I Miles lint I Date I Time I Miles lint I Date I Time I Miles lint 2. REMARKS: 23. Advance Costs 124. Se"'ce Costs 125. NtF 126. Mileage 127. postagel2B. Sub Total 129. Pound 130. Nota,! 131 34. Foreign County Costs 135. Advance Costs 136. Service Costs 137. Notary Cert. 38. Mileage/Postage/Not Found 7 Surchg, 132, Tot. Costs I 33, Costs Due or Refund ICheck No 139. Total Costs 140. Costs Due or Refund f? SPjN1'E- I Dop She' ..t'VVV--dJ. ~ . lA.. ~ 45<%fl J 63 . Signat ~ofYor. ~47. D E County O'iff') ,A _.r::: f ,/"v'fi'. 48. Signature of Foreign 49. DATE County Sheriff SIGNATURE 151 DATE RECEIVED 41. AFFI~MED and s~~,scribed to qefore me this 42. day of-"~ Y" .,1' I, ~~ a, I i, '~3~,'~y ::; ~~~v~~~ ~~g;.~ . ~.,' ~"<"'"Ti'n:'~C'f.",~,-;-.,~'.".Ori"Q.:200 ~~- .~.... -.. -- --- . . -- - ,', . <,'" r \ 50. I KNOVVlEDGE RECElp: ~~ ~.~~ I~HERI ". RET~ o AUTHORIZED ISSUING AUTHORITY AND TITLE 1. INHITE - Issuing Authority 2. PINK - Attorney a. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office CAROL W. COLAR and CINDY COLAR, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION v. AGAPE RESIDENTIAL MINISTRIES & : NO. 03-1327 SERVICES (A.R.M.S.), KEVIN C. STOUT and A-TEAM HOME MINISTRIES, Defendants : TRIAL BY JURY DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of Plaintiffs, Carroll W. Colar and Cindy Colar, in the above-captioned matter. By: n . r c ,r. Attorney J.D. #36803 I I 1 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Respectfully submitted, Dated: rfP~/;3 Attorney for Plaintiffs 38306.1 - . ~ CERTIFICATE OF SERVICE AND NOW, this j.,-~c:\ day of September, 2003, I, Kathleen Sizelove, Paralegal to Stephen M. Greecher, Jr., EsquirEl, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Howard D. Kauffman, Esquire Devlin Associates, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 1515 Market Street, Suite 2010 Philadelphia, PA 19102 58579.1 \~~~~.. Kathleen Sizelove r' 0 c,.::, (.) C L,) -,'j " U) ~, " f-rl v f: " I Q.1 --0 ;~ . ~:? ~_:: -., ~ /- y~ :",) ,) I :'.) ". :;~ l 0 -<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL WAYNE COLAR and CINDY COLAR, husband and wife Plaintiffs, v. AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.RM.S.), KEVIN C. STOUT and A-TEAM HOME MINISTRIES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1327 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of Eckert Seamans Cherin & Mellott, LLC on behalf of Plaintiffs in the above-captioned matter. Attached you will find Stephen M. Greecher, Jr.'s Entry of Appearance on behalf of the Plaintiffs which was previously filed on September 2, 2003 DATE: 10/10/03 {L0271624.1} ~~. Samuel T. ooper, III, squire Supreme Ct I.D. #22079 Ron S. Chima, Esquire Supreme Ct I.D. #81916 One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 Attorneys for Plaintiffs (") r..; -ocr m~-~- '-;<"c. 2:: uJ - , r.:=i' ~. .-,. , ~:;:.' c: P, ~~: =2 ~-~ c:~! G~ .::':) ',J -; o ',"I , , r-,) ~--:. ,,) --l :.r; -:;;: CERTIFICATE OF SERVICE I, Ron S. Chima, Esquire, certify that on the 10th day of October, 2003, a true and correct copy of the foregoing document was served via U.S. Mail, postage pre-paid, addressed as follows: Stephen M. Greecher, Jr.,Esquire Tucker Arensberg 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 ECKERT SEAMANS CHERIN & MELLOTT, LLC l/\- Samuel . 00 r, III, Esqui Supre Ct. LD. #22079 Ron S. Chima, Esquire Supreme Ct. LD. #81916 One South Market Square Building 213 Market Street Harrisburg, PA 17101 (717) 237-6000 -. Attorneys for Plaintiffs DATE: 10/10/03 {L0271624.1} () ~; -J{- rn r ~ ;:;-- (rl} -<.. "" Gl ~,- jii:) "_ z .-" " -, -...... -~ - ") -i '-J r:3 .',) ~J:J -.: .-J Tucker Arensberg, P .C. By: Stephen M. Greecher, Jr. I.D. NO: 36803 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 CAROL~AYNECOLARand CINDY COLAR, Plaintiffs VS. AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.S.), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI.V ANIA NO. 03-1327 CIVIL ACTION - LA~ COMPLAINT "NOTICE" 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. Vou are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you buy 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 of 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. LAWYER REFERENCE SERVICE Cumberland County Lawyer Referral 2 Liberty Avenue Carlisle, PA 17013 (717) 249-2663 "AVISQ" "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las pagil1as siguientes, usted debe tomar la acci6n en el plaza de veinte (20) dias despues de esta queja y se siIve el aviso, incorporando un aspecto escrito personalmente 0 y archivando en escribir con la corte sus defensas u objeciones alas demandas dispuestas contra usted el abogado Ie advierte que que si usted no puede hacer asl que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja 0 para cualquier otra demanda 0 relevaci6n pedida por el demandante. Usted puede perder el dinero 0 la caracteristica de otra endereza importante a usted. USTED DEBE LLEV AR ESTE PAPEL SU ABOGADO lNMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VA Y A A 0 LLAME POR TELEFONO La OFIClNA DISPUESTA ABAJO. EST A OFIClNA PUEDE PROVEER DE USTED LA lNFORMACI6N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, EST A OFIClNA PUEDE PODER PROVEER DE USTED LA lNFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JUJUDICOS DE LA OFERT A DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO o NlNGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Lawyer Referral 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telefono (717) 249-2663 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL WAYNE COLAR and CINDY COLAR, His Wife, Plaintiffs v. AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.RM.S.), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants : CIVIL ACTION - 03-1327 COMPLAINT The above-named Plaintiffs, Carol Wayne Colar and Cindy Colar by their attorney, Stephen M. Greecher, Jr., and the law firm of Tucker Arensberg, P.C., bring this Complaint against the above-named Defendants based upon the following causes of action: PARTIES 1. The Plaintiffs, Carol Wayne Colar and Cindy Colar, husband and wife, are adult individuals residing at 1134 Patin Road, Breaux Bridge, Louisiana; the proper spelling of the Plaintiffs names is Carroll W. Colar and Sindy Colar. Hereinafter, Plaintiffs will be referred to as Mr. Colar and Mrs. Colar and as their names are correctly spelled. 2. At the time of the accident and when this action was filed, Defendant A-Team Home Ministries was a nonprofit corporation incorporated under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 321 Gettysburg Pike, Mechanicsburg, Pennsylvania. Agape Residential Ministries & Services (A.RM.S.) was a fictitious name under which A-Team Home Ministries did business. On or about May 27,2003, A-Team Home Ministries changed its name to Agape Residential Ministries & Services with an address of 1073 York Road, Dillsburg, Pennsylvania. Hereinafter, Agape Residential Ministries & Services (A.RM.S.) and A-Team Home Ministries shall be referred to as Agape Residential Ministries and all allegations and claims for relief made with respect to Agape Residential Ministries are -2- applicable to the Defendants, Agape Residential Ministries & Services (AR.M.S.) and A-Team Home Ministries, collectively and individually. 3. The Defendant, Kevin C. Stout (hereinafter "Defendant Stout"), is an adult individual residing at 491 Nauvoo Road, Lewisberry, York County, Pennsylvania. 4. At all times relevant hereto, Defendant Stout was an agent, servant, and/or employee of Defendant Agape Residential Ministries, and was acting within the scope of said agency and/or employment at all times relevant hereto. FACTUAL ALLEGATIONS 5. On March 26, 2001, at or about 7:25 a.m., Mr. Colar was a front seat passenger in a van operated by Ray W. Kiner and owned by Appalachian Motor Inn, traveling on T520 Roadway Drive at the intersection of SR0011 Harrisburg Pike (hereinafter "Route 11 ") and Roadway Drive, Middlesex Township, Cumberland County, Pennsylvania. 6. Mr. Colar, who was an independent semi-truck driver at the time of the incident on March 26, 2001, was to be transported to the Appalachian Motor Inn located at 1825 Harrisburg Pike, Carlisle, Pennsylvania, from the Roadway facility. 7. At the aforementioned date and time, Defendant Stout was operating a vehicle owned by Defendant Agape Residential Ministries and traveling north on Route 11 and was involved in a motor vehicle accident at the intersection of Route 11 and Roadway Drive. 8. The incident, as more fully described hereafter, occurred when Mr. Kiner, who was traveling on Roadway Drive and transporting Plaintiff, Mr. Colar, was crossing Route 11 with a green traffic light signal. 9. As a result of Defendant Stout's negligence, carelessness, and recklessness, as more fully described hereafter, Defendant Stout, who was traveling north at a high rate of speed on Route 11, failed to bring his vehicle to a stop for the red traffic light signal at the intersection of Roadway Drive and Route 11, and suddenly and violently broadsided the driver side of the - 3 - vehicle, in which Mr. Colar was a passenger, with the front end portion of the vehicle operated by Defendant Stout, causing the vehicle in which Mr. Colar was a passenger, to spin 180 degrees and come to rest in the south bound lane of traffic. 10. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendants Stout and Agape Residential Ministries, as stated herein, and was in no manner due to any act or failure to act on the part of Mr. Colar. 11. As a direct, foreseeable, and proximate result of the collision described above, Mr. Colar sustained severe and permanent injuries as more fully described hereafter. DAMAGES 12. Paragraphs 1 through 11 are incorporated herein by reference and made a part hereof as if set forth in their entirety. 13. As a sole and proximate result of the carelessness, recklessness, and negligence of the Defendants, and each of them, Mr. Colar sustained the following physical injuries, some or all of which are or may be permanent in nature which include the following injuries: a. disc protrusion at C6-7; b. compression of the anterior cervical spinal cord; c. cervical neck injury; d. back injury; e. thoracic pain to right and left areas; f. low back injury; g. bilateral paresthesias in hands; h. right knee injury; and i. hip pain. 14. As a result of his injuries, Mr. Colar has suffered, and in the future will continue to - 4- suffer, severe serious physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment, and loss of life's pleasures. 15. As a result of his injuries, Mr. Colar has and will continue to require medical care, therapy, and treatment, for which he has incurred medical bills, for which he claims herein to the extent permitted by applicable law. To date his treatment has included physical therapy, a nerve conduction test, MRI of the cervical spine, and anti-inflammatory medication. Surgical intervention is anticipated in the future. 16. As a result of his injuries, Mr. Colar has suffered and continues to suffer a loss of past, present, and future earnings, as well as a loss of earning capacity, for which he claims to the extent permitted by applicable law. 17. As a result of his injuries, Mr. Colar has suffered and continues to suffer an impairment of his general health, strength, and vitality. 18. As a further direct and proximate result of the aforesaid incident and related injuries, Mr. Colar has been damaged as follows: a. he has and may continue to be limited in his normal daily activities; b. he has and may continue to suffer great nervous and emotional distress; c. he has and may continue to incur medical expenses in the future, for which a claim is made herein, to the extent permitted by applicable law; and d. he has and may continue to suffer other financial losses for which he claims to the extent permitted by applicable law. COUNT I Mr. Colar V5. Kevin C. Stout 19. Paragraphs 1 through 18 are incorporated herein by reference and made a part hereof as if set forth in their entirety. - 5 - 20. Defendant Stout was negligent, careless and reckless in causing the aforesaid accident, all of which lead to the injuries set forth above. 21. The injuries and damages described above were caused solely by, and were the direct and proximate result of, Defendant Stout's recklessness, negligence, and carelessness as follows: a. failing to have his vehicle under proper and adequate control at all times; b. failing to apply his brakes or take other evasive action in time to avoid the incident at issue herein; c. failing to observe the vehicle on the roadway, in which Plaintiff was a passenger; d. failing to operate his vehicle in accordance with existing traffic conditions; e. failing to maintain a constant vigil of the traffic, specifically the vehicle in which Plaintiff was a passenger, while operating his vehicle; f. failing to operate his vehicle so as to be able to stop within the assured clear distance; g. failing to operate his vehicle so as to be able to obey traffic-control signals in violation of the Pennsylvania Motor Vehicle Code, 75 Pa. C.SA S 3112 (a){3){i); h. failing to obey the traffic-control signals in violation of the Pennsylvania Motor Vehicle Code, 75 Pa. C.SA S 3112 (a){3){i); i. failing to stop at the red light; j. failing to pay attention to the roadway while operating his vehicle; k. operating his motor vehicle with careless disregard for the persons on the highway, including the vehicle in which Plaintiff was a passenger; - 6- I. failing to keep a proper and/or reasonable lookout for other vehicles lawfully on the roadway, specifically the vehicle in which Plaintiff was a passeng er; m. failing to operate his vehicle with due regard to the safety and position of the vehicle in which Mr. Colar was a passenger and the occupants thereof; n. failing to drive at a safe speed; o. operating his vehicle in a manner which otherwise violated the Motor Vehicle Code of Pennsylvania; p. negligence per se. WHEREFORE, Mr. Colar requests that judgment be entered in his favor and against Defendant Stout in an amount in excess of the limit for compulsory arbitration plus interest, delay damages, and costs of this proceeding. COUNT II Mr. Colar vs. Defendant Agape Residential Ministries 22. Paragraphs 1 through 21 are incorporated herein by reference and made a part hereof as if set forth in their entirety. 23. Defendant Agape Residential Ministries by and through its agents, servants, or employees, including Defendant Kevin C. Stout, was negligent, careless and reckless in causing the aforesaid incident, all of which lead to the severe injuries of Mr. Colar, as set forth above. 24. Defendant Agape Residential Ministries is vicariously liable for the negligence, carelessness and recklessness of its agent, servant, or employee Kevin C. Stout and for the injuries and damages claimed herein. -7- WHEREFORE, Mr. Colar requests that judgment be entered in his favor and against Defendant Agape Residential Ministries in an amount in excess of the limit for compulsory arbitration plus interest, delay damages, and costs of this proceeding. COUNT III Mrs. Colar v. Kevin C. Stout and Defendant Aaape Residential Ministries 25. Paragraphs 1 through 24 are incorporated herein by reference and made a part hereof as if set forth in their entirety. 26. As a result of the tortious conduct of Defendants Stout and Agape Residential Ministries, Mrs. Colar has been and will be deprived of the society, companionship, contributions and consortium of her husband, Mr. Colar, to her great detriment and financial loss. WHEREFORE, Mrs. Colar requests that judgment be entered in her favor and against Defendants Stout and Agape Residential Ministries in an amount in excess of the limit for compulsory arbitration plus interest, delay damages, and costs of this proceeding. By: tep . Gre her, Jr. Attorney I.D. #36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: ,I I (;;1/ () 3> 62466.1 - 8- VERIFICATION Subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Answers To Expert Interrogatories are true and correct to the best of my information, knowledge, and belief. Date: 10 - 1:.2 - 0:] Cc~w. ~ CARROLL W. COLAR VERIFICATION Subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Answers To Expert Interrogatories are true and correct to the best of my information, knowledge, and belief. Date: /O~I3-1)3 ~fdtt/J SINDY C R -2- CERTIFICATE OF SERVICE AND NOW, this \ ~ ~ day of November, 2003, I, Kathleen Sizelove, Paralegal to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within Complaint by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Howard D. Kauffman, Esquire Devlin Associates, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 1515 Market Street, Suite 2010 Philadelphia, PA 19102 1~~V' ~~~~ Kathleen Sizelove 0 0 0 ~;; t..) -n "" :~ _. (1 f~ ~. "':] n-I . ~ , ,~1 7,:"" ,-- \~ (1\ (~) ~- : , r;. . ",-, --n ''0 - :.-:.''" ) C,') -1:'. , ~;- I- N ) \'\1 ';v' ~ .4 '-" -::0 -, co. -<. To Parties: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the service hereof or a default judgment may be entered against you. ~an4 Agape Residential Ministries JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-194l9-JGDIh CAROL WAYNE COLAR AND CINDY COLAR, h/w CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 03-1327 AGAPE RESIDENTIAL M1NISTRlES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM M1NISTRlES JURY TRIAL DEMANDED (') r: :;':::'" L~C' n":t ;':":1' ~:-'I Cl .",. '''i r, "'1 "': \._- -"c.: :.) Defendan4 Agape Residential Ministries, by way of answer to the Complaint avers as tdl1o~ ..... ..\. ANSWER AND NEW MATTER OF DEFENDANT, AGAPE RESIDENTIAL MINISTRIES C';- .< ~~ i, ' ",,) --'- .-'::: ,- -'-j -, (.-'1 1. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 2. Denied. The allegations contained in this paragraph contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 3. Denied. The allegations contained in this paragraph contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 4. Denied. All al1egations regarding agency, service and/or employment are deemed to be specifical1y II denied. By way of further answer, the remaining allegations contain disputable issues and/or conclusions of law to which no response is required under the applicable Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at time of trial. 5. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 6. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 7. Admitted. 8. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of tHaI. 9. Denied. All allegations regarding negligence or carelessness on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 10. Denied. All allegations regarding negligence or carelessness on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 11. Denied. Al1 allegations regarding negligence on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendant, Agape Residential Ministries, demands that judgment be entered in its favor. 12. Answering defendant, Agape Residential Ministries, incorporates by reference its response to the allegations contained in paragraphs 1-11 of the Complaint as ifsame were fully set forth herein at length. 13. Denied. All allegations regarding negligence on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions II , or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 14. Denied. All allegations regarding negligence on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 15. Denied. All al1egations regarding negligence on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 16. Denied. All allegations regarding negligence on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions plaintiff. Strict proof of same is demanded at time of trial. or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the I 7. Denied. All allegations regarding negligence on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions plaintiff. Strict proof of same is demanded at time of trial. or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the 18. Denied. All allegations regarding negligence on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendan4 Agape Residential Ministries, demands that judgment be entered in its favor. COUNTI 19. Answering defendan4 Agape Residential Ministries, incorporates by reference its response to the allegations contained in paragraphs 1-18 of the Complaint as if same were fully set forth herein at length. 20. Denied. Al1 al1egations regarding negligence or carelessness on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 21. Denied. All allegations regarding negligence on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendan4 Agape Residential Ministries, demands that judgment be entered in its favor. COUNT II 22. Answering defendan4 Agape Residential Ministries, incorporates by reference its response to the allegations contained in paragraphs 1-21 of the Complaint as if same were fully set forth herein at length. 23. Denied. All allegations regarding negligence or carelessness on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 24. Denied. All allegations regarding negligence or carelessness on the part of answering defendant, Agape Residential Ministries, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendan4 Agape Residential Ministries, demands that judgment be entered in its favor. COUNT HI 25. Answering defendant, Agape Residential Ministries, incorporates by reference its response to the allegations contained in paragraphs 1-24 of the Complaint as if same were fully set forth herein at length. 25. Denied. All allegations regarding negligence on the part of answering defendan4 Agape Residential Ministries, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendant were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendan4 Agape Residential Ministries, demands that judgment be entered in its favor. NEW MATTER 26. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence AC4 42 Pa. C.S. Section 7102. 27. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa C.S.A. Section 1701, et seq, including all claims for services and accommodations for: a) professional medical treatment and care; b) emergency health services; c) medical and vocational rehabilitation services; d) work income losses, past, present or future, and any and all other economic losses. 28. If there be ajudicial determination that Pa R.C.P. 238 is Constitutional, said Constitutionality being expressly challenged as in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. Section 1983; Article I, Sections I, 6, II, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then liability for any interest imposed by the Rule should be suspended during the period of time that plaintiffs: a) fails to convey to the defendant a settlement demand figure; b) delays in responding to Interrogatories; c) delays in responding to Request to Produce; d) delays in producing plaintiffs for a deposition; e) delays in producing plaintiffs for a physical examination; t) delays in any other discovery request made by the defendan4 and, as a result of any delay, the plaintiffs should be estopped from obtaining interest because of any violation of the Discovery Rules. 29. Any damages or injuries which may have been sustained by the plaintiffs were the result ofan unavoidable accident insofar as the answering defendant is concerned. 30. Any injuries or damages allegedly sustained by plaintiffs were caused through the sole negligence of the plaintiffs. 31. There was no wil1fulness involved in any of the events involving the factual basis upon which this suit has been instituted. 32. The claims of the plaintiffs are barred and/or limited by reason of the statute ofIimitations, inasmuch as suit was not instituted and service of process was not made within the applicable limitations period. 33. Negligence, if any, on the part of the answering defendan4 was not the proximate cause of any damages or itUuries which may have been sustained by the plaintiffs. 34. The Complaint fails to state a claim upon which relief can be granted as against the answering defendant. 35. The answering defendant was free of any and all negligence. 36. Any damages or injuries which may have been sustained by the plaintiffs were caused through the sole negligence of a third party or parties over whom the answering defendant exercised no control. WHEREFORE, answering defendan4 Agape Residential Ministries, demands that judgment be entered in its favor. Respectfully submitted, JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: ~r\~ John de~d Devlin, Esquire \ ! , \ : J VERIFICATION I, John Gerard Devlin, Esquire, being duly sworn according to law, hereby deposes and says that he is the attorney for defendan4 Agape Residential Ministries, in the above-captioned matter, that insufficient time. exists to secure signature of defendant to an affidavi4 and that the facts contained in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief. r ,~/ John Gei~Vlin, Esquire ; I \ ; \J CAROL WAYNE COLAR and CINDY COLAR, h/w, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1327 v. CIVIL ACTION - LAW AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.RM.S.), KEVIN STOUT and A-TEAM MINISTRIES, Defendants JURY TRIAL DEMANDED REPLY TO NEW MAHER 26. The allegations of Paragraph 26 state a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, they are denied pursuant to Pa.R.C.P. 1029(e). 27. The allegations of Paragraph 27 state a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, they are denied pursuant to Pa.R.C.P. 1029(e). 28. The allegations of Paragraph 28 state a conclusion of law to which no response is required. 29. Denied. The allegations of Paragraph 29 are denied pursuant to Pa.RC.P. 1029(e). 30. Denied. The allegations of Paragraph 30 are denied pursuant to Pa.RC.P. 1029(e). 31. No answer is required. Plaintiff did not plead willfulness. 32. The allegations of Paragraph 32 state a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, they are denied pursuant to Pa.RC.P. 1029(e). 33. The allegations of Paragraph 33 state a conclusion of law to which no response is required. To the ex1ent the allegations are deemed to be factual, they are denied pursuant to Pa.R.C.P.1029(e). 34. The allegations of Paragraph 34 state a conclusion of law to which no response is required. 35. The allegations of Paragraph 35 state a conclusion of law to which no response is required. To the ex1ent the allegations are deemed to be factual, they are denied pursuant to Pa.R.C.P.1029(e). 36. Denied. The allegations of Paragraph 36 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Plaintiffs request that judgment be entered in their favor as requested in the Complaint. Respectfully submitted, ~~4~~: ~ / 9 let 3 By: -2- VERIFICATION Subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my infor~ation, knowledge, and belief. Date: !~ 17/03 ~w,rdL CARROLL W. COLAR 63003.1 VERIFICATION Subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my information, knowledge, and belief. Date: Idh /06 ~~&faA- SINOV-coCAR - 63003.1 CERTIFICATE OF SERVICE AND NOW, this q iJ.... day of DECEMBER, 2003, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENS BERG, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John Gerard Devlin, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 64445.1 Jac~o~ (") 0 ~ '-- C (....) 'T. <- 'C::J "tJ n: "Tl [U I, ':-) ""~" _.l~. 2~ ,; (f' --:;: r:: '. :~ ~.-:: 0:-:- ~ .- ~c a ;;> ~.-..- ..~- ". :; :.0 eJl -< !I JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-1 94 1 9-JGDIh CAROLWAYNECOLARAND CINDY COLAR, h1w v. AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM MINISTRIES CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 03-1327 JURY TRIAL DEMANDED PRAECIPE TO EXCHANGE VERIFICATIONS TO THE PROTHONOTARY: Kindly exchange the affidavit of John Gerard Devlin, Esquire, with that of Gerald D. Rasmus ofthe Agape Residential Ministries, to the Answer and New Matter. JOHN GERARD DEVLIN AND ASSOCIATES BY: II l JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-19419-JGDIh CAROL WAYNE COLAR AND CINDY COLAR, h1w v. AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.s.), KEVIN STOUT AND A-TEAM MINISTRIES CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 03-1327 JURY TRIAL DEMANDED VERIFICATION I, G-~f!/lu) 'P, RAsM4!> a representative of Agape Residential Ministries, hereby deposes and says that the facts set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief; and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 17. - ~-03 DATE 4-0,.r) 8-!2A4L--o a representative of Agape Residential Ministries 0 0 0 c '-'" -n ~:-< r:? '"'C \-' . " .- rn C '::'") , -- --7 in ~'- - C' ( ()~ < , " ~. _.~ ,"- -....", \2' -tJ -1-, ~ " r"" - <- ,\\ :p C. ;-..) .J ..4 ~~- c:- :0 ~-\ ...<. (1) :-<. JOHN GERARD DEVLIN & ASSOCIATES, P.c. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, P A 171 0 I (717) 720-0700 Our File No. 068-1 94l9-JGDIh CAROL WAYNE COLAR AND CINDY COLAR, h/w CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 03-1327 AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM MINISTRIES JURY TRIAL DEMANDED PRAECIPE TO EXCHANGE VERIFICATIONS TO THE PROTHONOTARY: Kindly exchange the affidavit of John Gerard Devlin, Esquire, with that of Kevin Stout to the Answer and New Matter. JOHN GERARD DEVLIN AND ASSOCIATES BY: II I ' JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Our File No. 068-19419-JGDIh CAROL WAYNE COLAR AND CINDY COLAR, h1w CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO. 03-1327 AGAPE RESIDENTIAL MINISTRIES AND SERVICES (A.R.M.S.), KEVIN STOUT AND A-TEAM MINISTRIES JURY TRIAL DEMANDED VERIFICATION I, Kevin Stout, hereby deposes and says that the facts set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief; and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. j 6 Otc 0 5 DATE jtc~ Kevin Stout . (") c ~r e;; ,-- <" ~.1 -( - . . ...., = = ..... c::J "., " N 0'", o '" -l ::L-r: nl-...! ,- -urn :pCJ ~,~~ (~) i~~ ~l ~!:::.; ~> --< :':? -- DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, P A 171 0 1 Phone: (717) 720-0700 By: John Gerard Devlin, Esquire J.D. #32858 Howard D. Kauffinan, Esquire I.D. #38963 Our File No.: 068-19419-JGDIh CAROL W. COLAR and CINDY COLAR, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION v. :NO.03-1327 AGAPE RESIDENTIAL M1NISTRlES & SERVICES (A.R.M.S), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ,-g Of ~ day of January, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin & Associates, P. C., counsel for Defendant, AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.RM.S), KEVIN STOUT and A-TEAM HOME MINISTRIES, affirm that I served the foregoing Reply To Request For Production of Documents by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 DEVLIN & ASSOCIATES, P. C. BY~ () ...., ~ => 0 = "U$: ..,.. 'TI q,r.r,:r ...., ij z~:H IT1 zl); a:> en 0" I ~':,?: "> :<0 ~8 " g~ z ., :x > c: ~ ~ "> ~ c -< DEVLIN ASSOCIATES, P.C. 100 Pine Stree4 Suite 260 Harrisburg, P A 17101 Phone: (717) 720-0700 By: John Gerard Devlin, Esquire J.D. #32858 Howard D. Kauffinan, Esquire I.D. #38963 Our File No.: 068-l9419-JGDIh CAROL W. COLAR and CINDY COLAR, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION v. AGAPE RESIDENTIAL M1NISTRIES & SERVICES (A.R.M.S), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants : NO. 03-1327 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 36 f-I, day of January, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin & Associates, P. C., counsel for Defendants, AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.S), KEVIN STOUT and A-TEAM HOME MINISTRIES, affirm that I served the foregoing DEFENDANT'S KEVIN C. STOUT ANSWERS TO INTERROGATORIES OF PLAINTIFF by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 DEVLIN & ASSOCIATES, P. C. $t By: j~'~ Howa . Kauffinan o c: ;;;;- "'0 'c' Uj~p .2:T-' tJ55; .......u:. ~6 ~o ""'0 ,P,_ ~ ...., ~ ~ ""'1 ::;1 f;;;] ffi~ ~ ~~ ::.:: 0:+1 (..) a~ .. :o-t N ?5 -< DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, P A 17101 Phone: (717) 720-0700 By: John Gerard Devlin, Esquire !.D. #32858 Howard D. Kauflinan, Esquire J.D. #38963 CAROL W. COLAR and CINDY COLAR, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 03-1327 AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.S), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the foregoing Defendant, Agape Residential Ministries & Services (A.R.M.S.)'s Answers to Interrogatories of Plaintiffs by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. III North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 DEVLIN ASSOCIATES, P. C. By: 0 ....., r' = ~ '- = ~ ...,.. "Tl ~ ..., OJ rn:!l' r- -om 0 :o~ 8J -0 -r-r -,~ o:D -1~ ~ ___....1:) ".-. ,onl ,... -< .> :0 0') -< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03 -1327 AGAPE RESIDENTIAL MINISTRIES, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~ in behalf o~ 0 ~ 5;7 ~~FMAN',~ FT--) }. Attorney for DEFENDANT ,? DATE: 02/17/2004 DE:12-228962 41. 6 35 - L 01. FEB. 23. 2004 4: 19PM 1601 Markel SlJ'ee4 Suite 800. Philadelphia Pennsylv 19103 (215) 246 - 0900 Pax Number (215) 246 - 09 URGENT!!!!! URGENT!!!!! FEBWlRY 17, 2004: I , , c.>.RROIL COlAR OlIAR VB ~ RSSII!NI'IAL ImITSl'RIES. ET J:lIlN DEVLIN ~ AS9XIA'IES . IDlARIl D. KI\IlFFM\N, ESQ. - (717) 236 -90 , We llave been re~ted by tie aOOve-m!l'lti01ed cnmael to . expedited tasis tile bD.<:w listed custOOians. In <:It1Er to TlI.\St have yrnr s' tum indicating tI1at )'Cl.l wai. ve tile twenty in Rules 4009.21 d 4009.22. Please fax this farm to us' , with VOlI' siqna~ so that ~ nay =ply with this request. YOJI' a:qJeraticm WCAJld be greatly awreciated. I , NO. 1227 P. 2 l?JF~7J~[ill URGENT!!!!! terial en an y with this re~ we lllltice pericxi p:rovic:Ed y at (215) 246-0959 Sincerely. SlIKm\H PRICE CUstcxlians : [ l<:Jt.e: see enclceed list of locations ] Camsel : I , SImIEN M. GREE$. F.'Q. I 8gIl:leto waiveru,tmg period mte:d Ccpies: yes_N:{fl I agree to pay the :invoJ.ce r;rovidod with Review r:.tx::unents: Yes_NO _ JlJ:Mse of Cost I d:l !llX agree t<) wai. ve rule: Billing Info: '_ nate: , 1 .. I I " ~ "I~ :~ !< ,~ I !!11: . .'r " RRII 141753 4J.635-COJ. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD Do KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 41635 -CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, .AND X-RAY(S) DE02-256191 4163S-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR File No. _ 03.1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE HOSPITAl. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by lhe court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC~ Group Ine 1601 Market Street Suite ROO Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SI JITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: /;5 r d.-~ K ~,. Prothonotary/Clerk, CIvil lV1SlOn Date: FEB 2 7 2004 '~..d. a7Y. c:laJ'/ ~#M Y~kW Deputy' Seal of the Court 41635-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREEf CARLISLE, PA 17013 RE: 41635 CARROLL COLAR Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical billing 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, nurse's notes, doctor's comments, dietary restrictions, and all J?atient consent or refusal of treatment, procedures, tests, and/or J:JJedicauon, lab and rlillgTlostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any e~llT1lmllrion, consultation, rlillgTlosis, care, treatment, lllfmi!t'lion, discharge, or emergency care pertllining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-5768 Date of Birth: 12-23-1956 8U10-488532 41635 -LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-228963 41635 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOClJMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 4163S-COl LOCATION NAME CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL RECORDS & ~OSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(Sl MEDICAL, BILLING, AND X-RAY{Sl MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 DE02-256191 4163S-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 03-1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **.. SEE ATTACHED RIDER .... at The MC<:i Group Inc lfi01 M:lrket Street Suite ROO Phil:ldelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: /5/ dn~' r .x;~- Prothonotary/Clerk, Civil lV1Slon Date: FEB 2 7 2004 .~j, d'/, 076'tJL/ Dep'1!7/~a. r~~ 9~ Seal of the Court 41635.02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREEf CARLISLE, PA 17013 RE: 41635 CARROLL COLAR INCLUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-5768 Date of Birth: 12-23-1956 SUlO-488534 41635-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03 -1327 AGAPE RESIDENTIAL MINISTRIES, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-22896441635-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1321 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 _ 21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/11/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 41635 -CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(Sl MEDICAL, BILLING, AND X-RAY(Sl MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) DE02-256191 41635 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 03-1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MCLEOD TRAHAN & SHEFFIELD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by lhe court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCfo\(Jrnllp Jnc 1001 MarketS.rep.t SlIltf':ROO Phil:utf':lphia PA lql0~ You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STR EET SUITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: /5/ /~,L-, ~ ~~ Prothonotary /Oerk, Civil lV1SlOn Date: FEB 2 7 2004 cY..e-6. c;Jt-/. ~,/ ~~- K J?~ 9:Y Deput Seal of the Court 41635-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCLEOD, TRAHAN & SHEFFIELD PHYSICAL THERAPY SERVICES 1220 BERARD STREET BREAUX RIDGE, LA RE: 41635 CARROLLCOLAR INCLUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and rlillglV'stic 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 el<amination, consultation, rlillglV'm, care or treatment perrnining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA SoclaI Security #: 438-96-5768 Date of Birth: 12-23-1956 SUlO-488536 4 ~ 635 -LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-228%5 41635-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 41635-COl LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) DE02-256191 4163S-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo._ 03-1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JON STROY M 0 (Name of Person or Entity) Within twenty (20) days after selVice of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .*** at Th~ Mrs Gronp Inc 1001 Market Street Snile ROO Phi1:ulelphia FA 19101 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET S IJITE 260 HARRISBlJRG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: /Sf kL, /~ Prothonotary/Clerk, Civil ivision Date: FEB 2 7 2004 C~~ OJ '?'; ,;;'@9' '1jt;--"",- ? ~A ~ Depu Seal of the Court 41635-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JON STROY, M.D. 3414 MOSS STREET LAFAYE'ITE, LA RE: 41635 CARROLL COLAR INCLUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. 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 witli sub~:;~rts, incl~ any and all such items as may be stored in a computer ase or othelWlSC in electronic form, relating to any el<amim.rion, consultation, dillgJlosis, care or \:Wll"rnM1t pertaining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-5768 Date of Birth: 12-23-l956 8U10-488538 41635 -LO 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-228966 41635 -LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 4163S-COl LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) DE02-256191 41635 - CO 1 COMMONWEALTII OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 03.1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LAFA YETrR GENERAL MEDICAL CT'R (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The Me; Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: /'51 6rA~' / ~f~r Prothonotary /Oerk, Civil lV1SlOn Date: FES 2 7 2004 d-d? d 7': .;10<,/ ~'-'..,~ K,J4~~ Deput Seal of the Court 41635-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LAFA" EITE GENERAL MEDICAL erR. 1214 COOLIDGE BLVD. LAFA YEITE, LA 70503 RE: 41635 CARROLL COLAR Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical billing 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, medicationJ prescription records, IIUI'Se' S notes, doctor's C(l11l111P.nts, dietary restrictions, and all ~ consent or refusal of trl"-"1:JnM1t, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, re~ to any el<lI111;nation, consultation, d;a~, care, treatment, adm;.......on, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR. 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-5768 Date of Birth: 12-23-1956 8010-488540 4163S-LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-228967 4163S-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 4 ~ 635 - C 0 ~ >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY{S) MEDICAL, BILLING, AND X-RAY{S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY{S) MEDICAL, BILLING, AND X-RAY(S) DE02-2561H 4:r. 635 -CO:r. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 03-1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LAFAYETTE GENERAL MEDICAL erR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCC\ Group Inc 1001 Market Street Suite ROO Philadelphia PA 19101 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SITITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: /{! du.L. e ~ Prothonotary/Clerk, Civi IVISiOn Date: FEB 2 7 2004 ~. dV J.07" . Dep~h4d /".~ ~ Seal of the Court 41635-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LAFA"\' HI I E GENERAL MEDICAL erR. 1214 COOUDGE BLVD. LAFA"\'HI IE, LA 70503 RE: 41635 CARROLL COLAR INCLUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-5768 Date of Birth: 12-23-1956 8U10-488542 41635 -LO 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-2289684163S-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 41635 - C 01 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLRAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) DE02-256191 41635 - CO 1 COMMONWEALTII OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 03-1327 vs. AGAPE RESIDENTIAL MINlSTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BTT.r EAUD NEUROJ DGY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol1owing documents or things: ...* SEE ATTACHED RIDER ...* at The MCC;; Group Inc 1601 M:lrkt>;t Street Suite ROO Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: ./5/ ~A;{;,' ~ ~ Prothonotary/Clerk, Ovll IVISIOn Date: FEB 2 7 2004 (M .c?o/'" ,;JbY-;Y t-A r..-k/-49Y Deputy /4-ta.. Seal of the Court 41635-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BILLEAUD NEUROLOOY 106 OIL CENTER DRIVE SUITE 102 LAFA)'HIIE, LA 70503 RE: 41635 CARROLL COLAR INLCUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and dillgJVlstic 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 witli subsequent reports, incl~ any and all such items as may be stored in a computer database or othel'WlSe in electronic form, relating to any e:Jllrt1inllrion, consultation, dillgllOm, care or tteatment pertllining to: Dates Requested: up to and including the present. Subject: CARROI.J.. COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Soclal Security #: 438-96-5768 Date of Birth: 12-23-1956 8UlO-488544 41635 -LO 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-228969 41635 -LO 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCllMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #aoo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 4163S-COl LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) DE02-256191 4163S-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009_21 [ Note: see enclosed list of locations] TO: STEPHEN M. GREECHER, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/17/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT CC: HOWARD D. KAUFFMAN., ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-256191 4163S-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE HOSPITAL CARLISLE HOSPITAL MCLEOD, TRAHAN & SHEFFIELD JON STROY, M.D. LAFAYETTE GENERAL MEDICAL CTR. LAFAYETTE GENERAL MEDICAL CTR. BILLEAUD NEUROLOGY ALLAN APPLEY, M.D. DR. PURPERA MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(Sl MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) DE02-256191 4163S-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 03-1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALLAN APPLEY MoO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATIACHED RIDER **** at The M(,~" Group Tor: 1001 Market Street Suite ROO Phihuielphi:l PA 1910~ 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SIJITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATIORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: /s'/ ~_.z..A /! ~~ Prothonotary/Clerk, CiVIl \VISlOn Date: FEB 2 7 2004 \y...ef. 07 L/. 07t2::U/ De~M1a ~ ~~ -9ff Seal ofthe Court 41635-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLAN APPLEY, M.D. 223 BENDLE ROAD LAFA YETfE, LA 70503 RE: 41635 CARROLL COLAR INCLUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and di'lgJ'OsUc 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, inc~ any and all such items as may be stored in a computer database or OtheTWISe in electronic form, relating to any e"Mnin'ltion, consultation, di:tgJlOsis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: CARROLL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-S768 Date of Birth: 12-23-1956 8U10-488546 41635 -LO a CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COLAR TERM, -VS- CASE NO: 03-1327 AGAPE RESIDENTIAL MINISTRIES, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to :oe served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 02/17/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for DEFENDANT DE12-228970 4 J.. 635 -LO 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLAR FileNo. 01-1327 vs. AGAPE RESIDENTIAL MINISTRIES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR PUR PER A (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RlOER .... at The Me" Clmup Tnc 1001 Market Street Sniff'; ROO Philadp.lphi::l PA 1910:\ You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATIORNEY FOR: Defendant BY THE COURT: H/c:hk' KX~ Prothonotary/Oerk, Civil lVIsion Date: FEB 2 7 2004 [;';h,.d oN, c:;J4:?<f" '?..;~ ~,~~/~ Deputy Seal of the Court 41635-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR.PURPERA LAFA YEITE, LA RE: 41635 CARROLL COLAR INCLUDING MRI FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, co~ 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 wit&. subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any eJ<"",in"rion, consultation, di"gIlosis, care or tre"trTlP.nt pert"ining to: Dates Requested: up to and including the present. Subject: CARROlL COLAR 1134 PATIN ROAD, BREAUX RIDGE, LA Social Security #: 438-96-5768 Date of Birth: 12-23-l956 8U10-48854841635-L09 (') ~ _~-s:: ri1 !~J -,..L.'T Z("', (/)J".'" r::> :,' ""C' )0. :z: () 5>0 c ~ "-> '= = J:- o '1, ;';z. ~ -'- ' O:Il 2:~ ~& -< :x ;,;,. ;;0 f W " :x ry w DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 By: John Gerard Devlin, Esquire !.D. #32858 Howard D. Kauflinan, Esquire 1.0. #38963 CAROL W. COLAR and CINDY COLAR, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 03-1327 AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.s), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants : JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended with prejudice. Respectfully submitted, By: e r, ., Es III North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 Attorneys for Plaintiffs, Carol W. Colar and Cindy Colar DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, P A ] 710 I Phone: (7] 7) 720-0700 By: John Gerard Devlin, Esquire !.D. #32858 Howard O. Kauffinan, Esquire 1.0. #38963 CAROL W. COLAR and CINDY COLAR, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 03-1327 AGAPE RESIDENTIAL MINISTRIES & SERVICES (A.R.M.s), KEVIN STOUT and A-TEAM HOME MINISTRIES, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 29th day of September, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Plaintiff affirm that I served the Praecipe to Settle, Discontinue and End With Prejudice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (") ~ ':? N o ....., = '::::' en "" r', --0 Co.) o :ro o .., X,., nl~ ~f1rr; ~~)~; ~~..~ ,~~ ~O::'";:;cn -'':::1 "'. ::0 .<