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Home My WebLink About00-07133 --. _..,'_ _"~'-'. ,h-' -" #- .-, 1>,,- -'"',;, '" - '," .. -~.-.. . , /l~ ...# .' BARBARA ROOK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW TODD ROTH and MARK NAUGLE, Defendants NO. to - 7/33 tu;J WRY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you: You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET'LEGAL HELP. Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ORIGINAL 217190.1IDLLILC2 ';"";~"'t, ~. ! BARBARA ROOK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW TODD ROTH and MARK NAUGLE, Defendants NO. WRY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para listed. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-620 217190.1 IDLLILC2 ,-- " , _--'oJ'" -', -:.-~ -",~,'--., I", <,,-_- ~ _.", _"_ ~W'. ~. .~ BARBARA ROOK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. U-O. 1M3 C,v,'/ ~if',,^, TODD ROTH and MARK NAUGLE, Defendants WRY TRIAL DEMANDED COMPLAINT I. Plaintiff Barbara Rook is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 410 Ceder Street, Mont Alto, Franklin County, Pennsylvania. 2. Defendant Todd Roth is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1462 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Mark Naugle is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1464 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter related took place on or about May II, 2000, at approximately 11:15 p.m., on State Route 34, Cumberland County, Pennsylvania. 5. At that time and place, Ms. Rook was operating her motor vehicle, a 1990 Plymouth Voyager, traveling in a northern direction within the lane of travel for northbound traffic on State Route 34. 6. At the same time, Todd Roth was operating a 1971 Oliver farm tractor, owned by Mark Naugle, traveling in a northern direction within the lane of travel for northbound traffic on State Route 34. 21719o.1IDLLILC2 -,.."., {- -..<~~- - ~. --~ .~." ,-" - . '~'. --, 1 :', " - r , y-~ ., . - - '.....i .- ,'.. ','-:j '. 7. Before the subject motor vehicle accident, Defendant Mark Naugle, the owner of the subject 1971 Oliver farm tractor, provided Defendant Todd Roth permission to operate the 1971 Oliver farm tractor at night with an inadequate lighting system. 8. At that time and place, the lighting system on Mr. Naugle's 1971 Oliver farm tractor was inadequate, given the lighting requirements mandated by 75 Pa.C.SA S 4303, S 4307. 9. Given the inadequate lighting on the rear of the subject tractor, Ms. Rook's vehicle impacted the rear of the subject tractor, causing Ms. Rook bodily injury. COUNT I - NEGLIGENCE Barbara Rook v. Todd Roth 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference. 11. Defendant Roth knew or should have known that the 1971 Oliver farm tractor was not properly equipped for use on a highway or for use between sunset and sunrise. 12. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Ms. Rook are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Mr. Roth operated the 1971 Oliver tractor as follows: ill operating a farm tractor on the highway without two operating rear lamps; Ql operating a farm tractor between sunset and sunrise without two rotating yellow beacons and four way flashers operating; and o operating a farm tractor in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 21719o.1IDLLILC2 2 c.... '_"'''''~ - I.:,.. -';' '. COUNT II - NEGLIGENT ENTRUSTMENT Barbara Rook v. Mark Naugle 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference. 14. Defendant Naugle knew or should have known that the 1971 Oliver farm tractor was not properly equipped for use on Route 34 between sunset and sunrise. 15. Defendant Naugle knew or should have known the use Mr. Roth intended for the 1971 Oliver tractor and that he would be operating a farm tractor at night without the mandated rear lighting system. 16. Defendant Naugle knew or should have known that Mr. Roth intended to use the 1971 Oliver tractor in a manner that created an unreasonable risk of harm to others and as such, Defendant Naugle negligently entrusted his farm tractor to Defendant Roth. . CLAIM I Barbara Rook v. Todd Roth and Mark Naugle 17. Paragraphs I through 16 of this Complaint are incorporated herein by reference. 18. Plaintiff Barbara Rook sustained painful and severe injuries, which include but are not limited to an intercondylar supracondylar right femur fracture with displacement. 19. By reason of the aforesaid injuries sustained by Ms. Rook, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herselfto health, and claim is made therefor. 20, Because of the nature of her injuries, Ms. Rook has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 21719o.1IDLLILC2 3 ~-.' ~ '___ ._v__' " ,-_',0 -._1_,,;,- . _7'-,.,,:..., ", " 21. As a result of the aforementioned injuries, Ms. Rook has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 22, As a result of the aforesaid injuries, Ms, Rook has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 23. As a result of the aforementioned injuries, Ms. Rook has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 24. As a result of the aforesaid injuries, Ms, Rook has sustained uncompensated work loss, and claim is made therefor. 25. Ms. Rook continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Barbara Rook demands judgment against Defendants Todd Roth and Mark Naugle in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: \\)' \1)-00 ANGINO & ROVNER, P.c. itoU LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 217190.1\DLI_ILC2 4 .,--~- ... - . . '.' --. ".-' _,:,~ .C' '-' ~ " .0- - -.--_';1, '/"".',1 . . . . . VERIFICATION I, Barbara Rook, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affIrm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief I understand that this Verification is made subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: ~ d4--~ " LaY~~ /~~a cJ (j?cmk Barbara Rook Dated: 6 Y - () c.j - 00 21719o.1\DLLILC2 II '~___"~'-IIII!I ,oJ ,,-- '~""~'~ '.iff .: iLiU~~ , .m~\liF._"j'll'"rHt . ~~ ~ ~ ~ ~ ~~ { ~ ~ v ,,"C'"'''~'''.lllif''' ,. " ~. '^ ~' .1 ~ \jJ ~ ~ \. \ ~\) \, . " ~~ ( ,~lwl.-.i,,"...~_h'< , . . If\t~ 7', :~. U-~,', . ~-~ I, ''=''~u o~ (') ,-' c:> 2: ~"~') :' .~,' . . ,,; j CO ...--~ "',~-- ,-' /:~- z ::j "_-1 _,._' f"; ..-.:.C~ ,"'''' " '.;~i2 :(") ',-:-~ll' :':-'5, ",:",-'. ~ :..,) "-^' c.:: _"_ .~ -,-'0< ~._, - --',-";1" w' ,0---,'-." "--",,..i - ., BARBARA ROOK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. 00 - '71:?3 t.\v: \ TODD ROTH and MARK NAUGLE, Defendants WRY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Jeffrey Wright, Esquire, accept service of the Complaint on behalf of Todd Roth and Mark Naugle this 70 't. day of O<..\.;~.... ,2000. ~ ORIGINAL 221303.1IDLLIMTG .~ d".,'" /. F." . lit'" "''''11'"'''''"'''' '. . , , I' ' . .Ji:~V'ljDjHO " ......, """,,,." ,,"~-,,"." .,,'. ., .,.'.i ,v'" ,~-~-,~-- ~'. RC' (., '-P!"'] ~,L~'1.,._.t:~ \ C!L ) 2000 J';' ",,--, ~'".~ ,1--,.,. --,--", ....'~ ,-,., CERTIFICATE OF SERVICE I, Mary T.. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the ACCEPTANCE OF SERVICE upon counsel for Defendants, postage prepaid first class United States mail addressed as follows: Jeffrey Wright, Esquire 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608 Attorney for Defendants Dated: t~ ",o-~-tD 221826.1IDLLIMTG II II ";'.~'",-" -~.' 1-'-'-th-"'~"_''-_".-_l_<~'''';;-U;;;:-'''_i.C , <<=?",_'" ~'-'>'c,^,,_ ..~. 'd~"""'''''''''.i' .. R.I. ..., """<'-",,"i.. ";"-,,;-,~-,,,,-,,.. ;';~,"'-' ,_,~=~~ _, _,_ .'0'. .-~,~',' ""--" ,~ ~,~ -,~"~^ .. cJ 2? ",...::. (n ;:S ,-- .~- , Sf~:~ ::d C-, ":::) ) --~"i )"-J- ,--; , . -'-" ;~'-:/ :"q .r:-" . ",I "' J . "" '-'" ,~-I ~ '. '-. .-- "-. ...-*'~""-"~~- BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. : 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Defendant Naugle is the owner of the farm tractor and that Defendant Naugle gave Defendant Roth permission to operate the same. The remainder of paragraph 7 is denied in accordance with Rule 1029(e). 8. Denied. paragraph 8 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 9. Denied. paragraph 9 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). COUNT I - NEGLIGENCE Barbara Rook v. Todd Roth 10. The answers to paragraphs 1 - 9 above are incorporated herein by reference. 11. Denied. Paragraph 11 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 12. Denied. Paragraph 12 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). COUNT II - NEGLIGENT ENTRUSTMENT Barbara Rook v. Mark Nauqle 13. The answers to paragraphs 1 - 12 above are incorporated herein by reference. 14. Denied. paragraph 14 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 15. Denied. paragraph 15 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 16. Denied. paragraph 16 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). CLAIM I Barbara Rook v. Todd Roth and Mark Nauqle 17. The answers to paragraphs 1 - 16 above are incorporated herein by reference. 2 .- " .. I ,'~" ._ . ~ . '='"-'. .-':-: 18. Denied. paragraph 18 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 19. Denied. Paragraph 19 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 20. Denied. Paragraph 20 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 2l. Denied. Paragraph 21 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 22. Denied. Paragraph 22 of Plaintiff's Complaint is denied in accordance with Rule 1029(e) . 23. Denied. Paragraph 23 of plaintiff's Complaint is denied in accordance with Rule 1029(e). 24. Denied. Paragraph 24 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). 25. Denied. Paragraph 25 of Plaintiff's Complaint is denied in accordance with Rule 1029(e). WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed. 3 , -?'~ _._ -" '"0' " " '~ WAGMAN KREIDER & WRIGHT t, Attorneys for Street, P.o. Box 1522 17608-1522 41495 4 ,~ ,,' . - -~'"" " -~-;."'" , .,.1 ,:-~. '." "4" ,_ "--j* VERIFICATION I verify that the statements made in the foregoing Answer which are within the personal knowledge of the undersigned, are true and correct, and as to facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true. And further, as to language and averments which may constitute legal conclusions, I sign this verification on the recommendation of my attorneys who advise that the allegations and language in the Answer constituting legal conclusions are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. ~ br- ~r Naugle" > ~ ,I VERIFICATION I verify that the statements made in the foregoing Answer which are within the personal knowledge of the undersigned, are true and correct, and as to facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true. And further, as to language and averments which may constitute legal conclusions, I sign this verification on the recommendation of my attorneys who advise that the allegations and language in the Answer constituting legal conclusions are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. '~~ Todd Roth " .lJ:UU~_'" ,-',-" )[-['I~~j1jlli!imt!/D~Hi~~~~""';.1"-M'ii'~f1:@1l!>;Ji.iM,_Wfr --t~[j~.~fildiiii""'""" U' i.' r\ 10" \"J i: .. \ ~- . ~ -,~ ,~" ~, -,~~, .,. .-,--~' ,~,-'''''''-'' ~~ .1, ~__. ., ",,' . ='.. ".- , - ~ , ~ " _'" -. ~C"~ 2000 , CERTIFICATE OF SERVICE ","<-,-, I.~L:, '-~'-" - "~- < -- .-,"~ I hereby certify that I have this day served a true and correct copy of the foregoing Plaintiff's Answer upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN KREIDER & WRIGHT Date: 1/- 0'7- OD t, Attorneys for treet, P.O. Box 1522 17608-1522 41495 '.n c --..",.' .-. .1, -'" .~._~. . ,,'~---. l' BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. : 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. WAGMAN, KREIDER & WRIGHT Date: iJ.. - ;)") -0 f treet, P.O. Box 1522 17608-1522 41495 . I 1-- _, -...."i~> ' ,. ""~.,;,, ' ....,; BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. WAGMAN, KREIDER & WRIGHT Date: ,;;).,;3-or Street, P.O. Box 1522 17608-1522 41495 , .1 ~ , ~'" 1:. '~'-: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CERTIFIED TO BE A TRUE AND CORRECT COpy WAGMAN. KREIDER & WRIGHT BARBARA ROOK, Plaintiff v. TODD ROTH and MARK NAUGLE, File No. 00-7133 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS, FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Corninq Frequency Control. Inc... 100 Wath; StrRRt Mount- Holly ~pring", PAl 7065 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documehts or things: See attached Addendum to Subpoena atthe law firm of Wagman, Kreider & Wriqht, 222 East Oranqe Street. P.O. Box 1522, Larlcaster, PA 17608-1522. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its ~~rvice, 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 Jeffery D. Wriqhe. Esauire Address: 222 E. Oranqe st., P.O. Box 1522 Lancaster, PA 17608-1522 Telephone: (717) 397-7000 41495 Supreme Court 10 # Attorney For: Defendants Date: 1..(, L rL",;, '<'.26-0 ( Seal of the Court BY THE COURT: (-'-LA:!;" R .t ~ i-" ' Prothonotar rCI rk, Civil Division 0/uf'-'- C '7tuD~ Deputy (Eff.7/97) <", J "'"'" BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT.Y, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants : JURY TRIAL DEMANDED TO: Corning Frequency Control, Inc. 100 Watts Street Mount Holly Springs, PA 17065 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 wi thin twenty (20) days after service of' this subpoena,' you "are ordered by the court to produce the following documents or things: A complete copy of the entire personnel file containing any and all documents pertaining to the employment of Plaintiff Barbara Rook, SSAN 207-56-3116; DOB: 04/23/70, including, but not limited to, the following: Plaintiff's application(s) for employment, ,any worker's compensation claims, disability claims, disciplinary actions, evaluations, payroll records, time cards, and any and all other documents from January, 1991 to present which are part of your file. ,-, I" ~, . ~'"- CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN, KREIDER & WRIGHT Date: ~--/3-01 Street, P.O. Box 1522 17608-1522 41495 . . . . CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Delano M. Lantz, Esquire MCNees, Wallace & Nurick 100 Pine Street P. O. Box 12166 Harrisburg, PA 17108-1166 WAGMAN, KREIDER & WRIGHT Date: ;)- .;l..;;l-O I . ht, Attorneys for Street, P.O. Box 1522 17608-1522 41495 ~-,-~ "~;~If[~~Ji '--""'~~liI~_-:*m;til.-!ll1l!W$ilitil~-' ....... J ~ -.-. ~-, -- . '~. . ';~ 0 ('.,:) 0 c <: ..." d~ ('-' I '!'1 -::J f'ii ,::D 0 -- r- 1-- ."'0 , , I iI C, 0 ,-., , '- c:;; -~;> ~";:I " Z C.:; -.;', ,"~, c) - ',", .-;- C 1'0 i:j rn Z :...) ~ ---I -< .j;"' ::0 -< . ~ 'd, -j,' ,!--,"~-' , , ,~:: .1 +~ ",' ":'"'''~'-''''''._''--' , 'li:; - .. BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, SHERRI L. MELLINGER, hereby depose and say that on February 22, 2001, I served a true and correct copy of the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 addressed to Corning Frequency Control, Inc., upon the persons set forth below and in the manners indicated and that the certified mail was received on February 26, 2001, as shown by the signed return receipt attached hereto: Service by certified mail no. 7106 4575 1294 2327 4795, return receipt requested: Corning Frequency Control, Inc. 100 Watts Street Mount Holly Springs, PA 17065 Service by first class mail: David L. Lutz, Esquire Angina & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ~;e.~, ~ / Sherri L. Mell~nger ~ - Sworn and Subscribed to before me this dnJ.. day of ~ , 20~ Notarial Seal Cynthia A. Morrison, NotaJy Public Lancaster, Lancaster COunty My Commission Expires Oct. 19, 2004 Member, Pennsylvania Association of Notaries . c____ " 1. '_ ',~-"",--.' _ ._'~ -,- 1:LDb lf5?S :Li!!lIJlf i!Ji!? 147"5 r&oming Frequency Control, Inc. 100 Watts Street Mount Holly Springs, PA 17065 SENDER: S. Mellinger ~)., REFERENCE: PS Form 3800 June 2000 n.. RETURN Postage , RECEIPT Certified fee &dV SERVICE Return Receipt Fee Restricted Delivery v.w , Total Postage & Fees J"~ .'. US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail . ";"11. ;c'ITI-;I-,i.ilil.~..I"I.-'I"I.:,-'I'",II, ;!:, =~ II . ;' ,dl :, "1~lil ?JaD1o '1575 J.i!'PIi!3i!1If'l'ti 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (EXtra Fee) 0 Yes CoMlYl~JlC~'11~ Conlrol, Inc. 100 Watts Slkcl Mount Holly Springs, P A 17065 REO, :. ;P$~~;"-~J -,~~--- SEf>I9ER: 3.M,milS" ~m.g.I.R._I1l~", '''''''0,__1,. . -~--, -" .'~; , '-ill!fl.lj, D,Ag'ent OAddressee. Dyes ONo -"' -~ ~'""" ~W~'~~>!im-~1MJii.m~&;,!lll:WJ:4:'.MiiI~)diial~'rM.1l1ib '^~""li~" ~ '.....~- ,.,' - '-~",'~~' ..='. I ~ ~.. -",~' - -- ~~"",' -", ". -,' , <-,", "v' ,__< <~ .,- ,. !ill '......~ r"illIi$I<O () C -r~ ;;.> Qj' ~- ~> r--~' ~i~;':: 5~;' :::; .< .' O~ ,~ ~, ~I !,-:> -.-';.1 ::',) (~'; r.\) :.71 u; i..,--, -ij . ,'-_^,,-'Jk""'! I I I ... .~ ''; ,;, .-),-1--, l:xl~W,"_i' i t BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Defendant Naugle's Objections to Plaintiff's Request for Production upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN KREIDER & WRIGHT Date: "7/N/OI ery D. efendants 2 E. Orange Stre Lancaster, PA 17 (717) 397-7000 S.Ct.ID. No.: 41495 Box 1522 , BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. WAGMAN, KREIDER & WRIGHT Date: :>-~ 7-01 BY: /Jeff De 222 , Attorneys for Box 1522 41495 , , ,-,I l~ _, 1.', ,,-1- '--, -~, BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. WAGMAN, KREIDER & WRIGHT Date: ;/-t. - {)I BY: t, Attorneys for Box 1522 41495 " ~. , . --- '--';'~,; <. " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA ROOK, Plaintiff V. TODD ROTH and MARK NAUGLE, File No. 00 - 71 33 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Samuel F. Rashin, M.D. (Name at Person or Entity) Within twentf (20) days alter service ot this subpoena. you are ordered by the court to oroduce the followina documents or things: '. See Addendum to Subpoena_which~~ attached hereto. at the law firm of Wagman, Kreider & Wriqht, 222 East Orance Street. P,O, Box I ~22, Lancaster, PA 17608-1522, (Adoress! You may deliver or mail legible copies ot the doc:Jments or produce things requestea by thiS subpoena. together with the certliicate oi compliance. to the party making thiS request at the address listed above, You have the fight to seek In advance the reasonable cost oi prepaflng the caples or prcduc:ng the things sought. If you tail to produce the doc:Jments or things reqUired by this subpoena within twenty (20) days alter 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 Jeffery D. WriGht. Esauire Address: 222 E. Oranqe St.. P.O, Box 1522 Lancaster, PA 17608-1522 Telephone: (717) 397-7000 Supreme Court 10 II 41495 Attorney For: Defendants Date: 40,l I..{. ;;tr"Y\/ Seal 'oi the Court Prothonotary/Cler, II Division ~_I .2 77;OJ~r- Deputy ............ ',,,-, -- 'j' "<-.1. ;-'-' BARBARA ROOK Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED TO: Samuel F. Rashin, M.D. Lebanon Valley Family Practice 1400 South Forge Road, #1 Palmyra, PA 17078-9513 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart containing any and all documents relating to your treatment of Plaintiff Barbara Rook, SSAN 207-56-3116; DOB: 04/23/70, including but not limited to, the following: all chart notes, correspondence to/from other physicians, correspondence to/from Plaintiff's counsel, billing statements, consultation reports, and any and all other documents which are part of your file. ~"" ,-,,' c_ ; ~- L, ~ ' I ~ ,,' CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN, KREIDER & WRIGHT Date: 4-b- 0/ BY: t, Attorneys for Box 1522 17608-1522 41495 " , , -" -,. n " e" 1.-, ,:,' e'. ,-~ "-'''.. ~.-"l. . - . , CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Delano M. Lantz, Esquire McNees, Wallace & Nurick 100 pine Street P. O. Box 12166 Harrisburg, PA 17108-1166 WAGMAN, KREIDER & WRIGHT t, Attorneys for Date: 5-7-0/ Street, P.O. Box 1522 17608-1522 41495 ,-- ,.', "''1ii~jftj~Iiif;ii;ri;-':~~''.~ ,~;, [.~ "'~_"'_ "__'"~."'" _~,~ __ ~,~_'C ,,1),1 .C__~~ 'i'. h~liii;il\.~'-i;fi;l;l,lj;lMl:ii' ~~,-...; -'"~-,,~ " " _ " ~,"~ "-",,s' ,\,_,~".., -, .' ",.", , ",-" ilIIIl"""C.', -~ ""'~. . ,\, cl - .~, ., ,_,,'" 'C_,,,"_"..." -,'~ ~.._., '"., (') c:, 9 c: ~ 3: ::--J ""U r;', n1 ,." ,Co"," :z: I " -<: , Z ~, I (/J ill -< (,) ,'-, !;:C:; l:) -'.", ';1 ~G -r :1): ;.'--') ...."1 :~;.. C) ..,-'~U N 1'f1 "'>C ~ ~ 0 :D -< <::> -< ,"~-- ,~,'~--, H_~ -~ -- "' 'I I I BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. : CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena i$ sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. WAGMAN, KREIDER & WRIGHT Date: 5-7-0/ ree~, P.O. Box 1522 176081-1522 41495' ':J<&. "^-c_ ,.J " ,c.:. ,,"- "~,~. ,-,," BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. WAGMAN, KREIDER & WRIGHT Date: 4-&-01 BY: Street, P.O. Box 1522 17608-1522 41495 '-, 1:.' I. ~ < - -~-" ~i'~:; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA ROOK, Plaintiff v. TODD ROTH and MARK NAUGLE, File No. 00 - 71 33 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Dr. Richard Milford (Name at Person or Enttty) Within twenty (20) days' after service of this subpoena. you are crdered by the court to oroduce the followino documents or things: . ,- See Addendum to Subpoena which is attached hereto. atthe law firm of Wagman, Kreider & Wright, 222 East Orange Street, P,O, Box 1~22, Lancaster, PA 17608-1522, IAdoressl You may deliver or mall legible ccpies of the dOC:Jments or produce things requestea by this subpoena. together with the certificate of comoliance. to the party making this request at the address listed above. You have the right to seek in advance the reasonacle cost of preparing the caples or produc:ng the things sought. If you fail to produce the doc:Jmenrs 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 Jeffery D. Wriaht, Esquire Address: 22:2- E. Orange St.. P ,0. Box 1522 Lancaster, FA 17606-1522 Telephone: (717) 397-7000 41495 Attorney For: Date: 4-.( ^I :l^ol ' , Seal of the Court Prothonotary/Clerk, Civi Ivision ___ ~, P '7pD/J-''LJ / , Deputy . ",' .-1, I, ,,' -- --C, , ,-l,,, ii' --..- -,~ " I BARBARA ROOK Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED TO: Dr. Richard Milford Mid-Atlantic Orthopedic Specialist 1120 A Professional Court Hagerstown, MD 21740-5848 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart containing any and all documents relating to your treatment of Plaintiff Barbara Rook, SSAN 207-56-3116; DOB: 04/23/70, including but not limited to, the following: all chart notes, correspondence to/from other physicians, correspondence to/from Plaintiff's counsel, billing statements, consultation reports, and any and all other documents which are part of your file. -"" ~, , _ - "'-', L ' , .-" u, I" -.--,--- , CO"~ I ll~ ' ~ ;;;, CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN, KREIDER & WRIGHT Date: 1-t-tJl treet, P.O. Box 1522 17608-1522 41495 -, -d --,- -',-,,-,,-,;.. ~- ",'" k.. ~- -, _,,~ ,--;~;~.:>, '___,,*, ,- ~ kl-j' 'ii,,' CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Delano M. Lantz, Esquire McNees, Wallace & Nurick 100 pine Street P. O. Box 12166 Harrisburg, PA 17108-1166 WAGMAN, KREIDER & WRIGHT Date: 5-?~()/ BY: , Attorneys for Box 1522 41495 ~Ril'lllRli~i'l&~!ell~~~;i!~~l.~~~lHllIIl!lIl.liIii~-~~":;"1 J:!!:t~,,, ,~=,~_" ~ _,7',.,_' ..M. ..'" ",", ,',","~ ,,",.<" "7,' , ~__,,,_o, .", ~ , . ~, '-'- ,-"c <__, "I 0 .~ C ~ --,"'-. " C. ~ nl rr .~:.:: :2:: :r.:.~ , 2.:: ~~~ I ._",J (n 0:) '-' -< ~~j C) r: CI "" -,-, :>> ,. (---. "'" Z 0 () j; C N cSn"! ~ :::> i;! :0 (::> -< ,---". ,- '<" 0' _ '_~ /~ ,,_ _" , -__, _ - ;' .., : C"-,-,, ~_:;- C' , c_ ",1-_ ;: 3~ -' ,i ,- ." ,-;.; , ,,-",,-,<-' .1 BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. WAGMAN, KREIDER & WRIGHT Date: 6--7-01 BY: , Attorneys for Box 1522 41495 , .--'1 ~ - - "', --~,..j""~-J - I -_"... _" _~' '~ ~', ; d_ _ "<~~ BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. WAGMAN, KREIDER & WRIGHT Date: t./-~rO/ BY: J Box 1522 41495 , <'--" .", j, -,.. L, ,~' , -,-",'...;,"0- ~'_ :..._ ~" """ ,"~,'~ ""-';; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA ROOK, Plaintiff v. TODD ROTH and MARK NAUGLE, File No. 00-7133 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Carlisle Hospital (Name ot Person or Entity) Within twenty (20) days after service 01 this subpoena, you are ordered by the court to produce the following documents or things: See Addendum to Subpoena which is attached hereto. at the law firm of Wagman, Kreider & Wriqht, 222 East Oranqe Street. P,Q. Box 1522, Lancaster, PA 17608-1522. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certilicate 01 compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost 01 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 Jefferv D. Wriqht. Esquire Address: 222 E. Oranqe St.. P.O. Box 1522 Lancaster, PA 17608-1522 Telephone: (717) 397-7000 41495 Supreme Court 10 # Attorney For: Defendants Date: IJptL\ { /.{ ::J t'Y> I r I Seal 01 the Court Prothonotary/Cler . II Division ~ 4(1ht, P ~~"rl.;----- Deputy '-1._ 1__ < ,c~__"" .-"-"d'i.J~; , . BARBARA ROOK Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. : 00-7133 TODD .ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED TO: Carlisle Hospital 246 Parker Street Carlisle, PA 17013 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart containing any and all documents relating to your treatment of Plaintiff Barbara Rook, SSAN 207-56-3116; DOB: 04/23/70, including but not limited to, the following: all chart notes, correspondence to/from other physicians, correspondence to/from Plaintiff's counsel, billing statements, consultation reports, and any and all other documents which are part of your file. "," , -. ~~ ~. I . 'rv , . CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN, KREIDER & WRIGHT Date: ";-(p~ al r'ght, Attorneys for s Street, P.O. Box 1522 17608-1522 41495 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Delano M. Lantz, Esquire McNees, Wallace & Nurick 100 pine Street P. O. Box 12166 Harrisburg, PA 17108-1166 WAGMAN, KREIDER & WRIGHT Date: 5-7- 0/ treet, P.O. Box 1522 17608-1522 41495 "~""~~OOiMll:>i~ili!IlliIlII~~IlW;aJ.~:Mi:_'-~~~1i ;:~:",:--)!'(Jk ,''''~'''_ [.,~",~~,_"Y. '"'_'''1"^~''',r''' ',--~ '.-' '" ,;' , -'"" ,,~"-, .- ~I > ~ r_ ",..-- ',,,,, ," ',_r '" ,__ ~ _.~ . -~- ,~ -~if , 0 C) r-, c --'T~ -",... '"D ,~ :.~ .. c nlr~--; ~'"~ z:---.;;. cJ5 5.:~ , -<:L co ~C:' "''J -,.; >..-.." .. " :So :,-:: C) Pc N C:' rn Z 0 ~ =< ::0 0 -< " .,~".. - -, ^". ,- " BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. WAGMAN, KREIDER & WRIGHT Date: s- 7-01 BY: ~ ht, Attorneys for Street, P.O. Box 1522 17608-1522 41495 oH-' -,,'~-, " I, . , ,~ '";w'----'-;.- hi BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. : 00-7133 TODD ROTH and MARK NAUGLE Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. WAGMAN, KREIDER & WRIGHT Date: '-/-(.,-6/ B r ght, Attorneys for street, P.O. Box 1522 17608-1522 41495 -,,- ',.' " -, ~ .1 , -5 k ~'~ ""'"',,: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BJ<RBARA ROOK, Plaintiff v. TODD ROTH and MARK NAUGLE, FileNo. 00-7133 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Waynesboro 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 Addendum to Subpoena which is attached hereto. atthe law firm of Wagman, Kreider & Wriqht, 222 East Oranqe Street, P,O. Box 1522, Lancaster, PA 17608-1522. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Jeffery D. Wriqht, Esauire Address: 222 E. Oranqe st.. P.O. Box 1522 Lancaster, PA 17608-1522 Telephone: (717) 397-7000 41495 Supreme Court 10 # Attorney For: Defendants Date: Jlp{L~ \_ J.-.I ';;( (')6 I , Seal of the Court ::::-... Prothonotary/C erk, Ci i ivision ~n-.I P. 'n1~~/ ~ Deputy 'Eft'. 7/97) .-", ,"", r--, ',I, ". ,_, .1, _, ."u BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. : 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED TO: Waynesboro Hospital 501 East Main Street Waynesboro, PA 17268 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart containing any and all documents relating to your treatment of Plaintiff Barbara Rook, SSAN 207-56-3116; DOB: 04/23/70, including but not limited to, the following: all chart notes, correspondence to/from other physicians, correspondence to/from Plaintiff's counsel, billing statements, consultation reports, and any and all other documents which are part of your file. CERTIFICATE OF SERVICE '''" I.. -, ~ '" , ~ ",".. ~'~-i% I hereby certify that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN, KREIDER & WRIGHT Date: t./-6-01 BY: treet, P.O. Box 1522 17608-1522 41495 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Delano M. Lantz, Esquire McNees, Wallace & Nurick 100 Pine Street P. O. Box 12166 Harrisburg, PA 17108-1166 WAGMAN, KREIDER & WRIGHT Date: .5-7 - OJ . ht, Attorneys for Street, P.O. Box 1522 17608-1522 41495 ~~lf>All~iliiMm~~~~~I~~I:~'itW':''<;J'i7'''-.'''' "-" ",.. ".-=~-~ ~- ~, ~ - --,,-~, ""- -Ii .-~ ,.. l"' ~~ . ,>" ~ () C:) i,,,"; C 'T'! ~"' ::r,:: -OU' T'" .\ nln' ~.~~ ,- Z:J) I '" fj~) S;---. """, <;0 ~,~;):, -<./. r,::c; --1'..-"' ~:;; - X:J:-j c:., () -;.. ',:.;(~ ~O '~''jf-n )>C ~ .., :2' """ U1 =< .0 >0 -< d d_ ",-- , " -~ ' '___ ,-,1.--, ~-'~ -," .;..' _-- ;,-; ~ . '-/i: -; , BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice ,of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and, (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. WAGMAN, KREIDER & WRIGHT Date: 5-7-01 , Attorneys for Box 1522 41495, ",,__j .'" ':J- ", 1__ I -'-, "d_ "-"'., BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA 'TO PRODUCE DOCUMENTS AND THINGS FOR I DISCOVERY PURSUANT TO RULE 4009.221 Defendants intend to serve a subpoena identical to the one 1 that is attached to this notice. You have twenty (20) days from 1 the date listed below in which to file of record ard serve upon the undersigned an objection to the subpoena. If ho objection is made, the subpoena may be served. WAGMAN, KREIDER & WRIGHT Date: 1--IY-OI r'ght, Attorneys for s e Stree~, P.O. Box 1522 caster, PA 17608-1522 (717) 397-7000 1 S.Ct.ID. No.: 4149' ~ 1. , ' -,-,';: _""v ,-' '~l'~<'-IA-, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND C~Fl77FIED 1U W"'GM~~ ~~FlREG~~ AOrtiUE , fl'EIDE.Fl & ..,'P'f "FlIGHi BARBARA ROOK, Plaintiff v. TODD ROTH and MARK NAUGLE, File No. 00 - 71 3 3 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mohammad S. Haq, M.D. (Name at Person or Entity) Within twenty (20) days atter service ot this subpoena. you are ordered by the court to produce the fOllowina documents or things: ' , See attached Addendum to Subpoena. at the law firm of Wagman, Kreider & Wriqht, 222 East Oranqe Street, P,O, Box 1~22, Lancaster, PA 17608-1522, (AdareSSI You may deliver or mail legible c~ples at the documents or produce things requested by this subpoena. together with the certiticate at compliance. to the party making this request at the address listed above. You have the nght to seek in advance the reasonable cost ot prepanng the caples or prcduclng the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days atter its service. the party serving this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: Name " Jeffery D, Wriqht. ESQuire Address: 222 E. Oranqe St.. P.O. Box 1522 Lancaster, PA 17608-1522 Telephone: (717)397-7000 Supreme Court 10 it 41495 Attorney For: Defendants Date: f/ptiJ ( 19 ~oo,' Seal of the Court "-- ,.-u -,/n-,' , " . '" - '''iffft~ BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED TO: Mohammad S. Haq, M.D. Primary Care Medical Associates 23 Walnut Street Waynesboro, PA 17268 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the entire medical chart containing any and all documents relating to Plaintiff Barbara Rook, SSAN 207-56- 3116; DOB: 04/23/70, including but not limited to, the following: all chart notes, correspondence to/from other physicians, correspondence to/from Plaintiff's counsel, billing statements, consultation reports, and any and all other documents which are part of your file. . " ,<,~-~ ~","--; -.-~- . " ' 'lik-lliJ~: CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 WAGMAN, KREIDER & WRIGHT Date: <-/. I f -01 torneys for Box 1522 41495 t ~ ".__ __ ~'__d ,,,--,.-,,,,' ,--,~-. 1,."-;- "..--""'1".-<, '-.;:\"-"'" "->~' ;<-';'~-r: CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Delano M. Lantz, Esquire McNees, Wallace & Nurick 100 Pine Street P. O. Box 12166 Harrisburg, PA 17108-1166 WAGMAN, KREIDER & WRIGHT ght, Attorneys for Date: 5-7-01 Street, P.O. Box 1522 17608-1522 41495 ~-'\iI~~~iIiMlIliibI_ ""...'......-~~~~~~tlt:li!o~"~~"'''''''''''-'- _6 iliIi~~'..--.;...,n~iU ,-,;, ,,""", .Z-" '- ,-. ,~,~^ -t] 0 {''::J () S =~:: -0-'-' '"l-_u , t,.'--' :.::~ f'::":' !:;'Hr;; .'1, zr I ::.t~: CO ", \ ~:~~,~ ~j(;), r:::CJ .....,', , '-- .' --~~ CJ J::",....... - z.....' rn ---CJ - ~1 >c "Y ~ ()1 ~ ,0 ,\\!J JAILTIlIL, ___I!IUJIL",_",,, "" 1,- I;; ~.--~ -, ". "'",,'" ~_ ~ I, ,-; ,,-, , ,,--. 't , BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, SHERRI L. MELLINGER, hereby depose and say that on May 7, 2001, I served a true and correct copy of the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 addressed to Custodian of Records for Carlisle Hospital upon the persons set forth below and in the manners indicated and that the certified mail was received on May 8, 2001, as shown by the signed return receipt attached hereto: Service by certified mail no. 7106 4575 1294 2327 4887, return receipt requested: Custodian of Records Carlisle Hospital 246 Parker Street Carlisle, PA 17013 Service by first class mail: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Mv~ CJf, ~J',~~~ / Sherri L. Melli er Sworn and Subscribed to before me this /S~ day of mea ' 20~ \~() lY)0Vt,vn:- Nary Public NotSrial Seal Cynthia A. Morrison, NotalY Public ancaster, Lancaster County M ' ,mrillsslon Expires Oct. 19, 2004 Me"' ,e,. Pennsylvania ASSOCiation of Notaries ~' , 7LOb 4575 L2'4 2327 4887 T09ustodian of RecOrds Carlisle Hospital 246 Parker Street Carlisle, PA 17013 SENDER: D. Cummings REFERENCE:GV~au~e PS F=.orm 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees U$ Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intarnation,al Mail POSTMARK OR DATE 5"-1-01 '.'":'";-:-___ ""- -- - - . ,..- -, "~~~.,-I- "~"'_~"~..,""."""_,.~"______,.'~'---.~- __~. __ __ - ! 'Jj[llll~ .- . D~,"l ' D,',' D)iJs DNa 1JoII1o '1575 :loi!'IIf ~ '1117 17 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 0 Yes MU\"di&ld6rff2e'8icds Cnrlisle Hospilal 246 Parker Street Carlisle, PA 17013 '~/Naugle \ ~ ~" '.""",;\ ~ '; \ , ''';i!~(o\311h; ~~n. ~ooo SENDER: D. ,CUlllllJiu!:Sl) Domestic, Return Receipt - , ."",,,~--,~....:.-~._--~----~--.,, - '.'~~~.-'-'"';"""",,,,"_,,,:,, IDII!,L"d. "",,,~~~ '~;\"-'" - " .~', ':li.J-..~~~"=-<_ ~4 'J it! "lililll "' ~-, ~ I '.; -. 0 C) r, ~ ....... ~ -T; -:- "'Jr~J ~ ~. ...- -' ~g] :t:'vJt " -~ .--n , i-- "1,,', ~_L! Cl,< {Xl :,:-} \,~' -<.,-,> (-) ~- ~C ~ ':':::--1<') ~F~ ;~..: :,~i ::J(~ );","._,.-f ~ OITl C Z r::- Sl =<! 0 5:J -< . .. .. BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, SHERRI L. MELLINGER, hereby depose and say that on May 7, 2001, I served a true and correct copy of the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 addressed to Custodian of Records for Waynesboro Hospital upon the persons set forth below and in the manners indicated and that the certified mail was received on May 8, 2001, as shown by the signed return receipt attached hereto: Service by certified mail no. 7106 4575 1294 2327 4870, return receipt requested: Custodian of Records Waynesboro Hospital 501 East Main Street Waynesboro, PA 17268 Service by first class mail: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ./1)0';, .;(.~,. ) / Sherri L. Me inge Sworn and Subscribed to before me this I..S"tA day of /Y)~ ' 20~. ~~PPU0i~ Notarial Seal Cynthia A. Morrison. Notal)l Public , Lancast8r, Lancaster County . My Commission Expires Oct. 19, 2004 Member, I'ennsy\Vllnia ASSOCIation of Notaries , . 7LDb ~S7S L~'~ ~3~7 ~a7D rdtustodian offuicords , Waynesboro Hospital 501 East Main Street Waynesboro, PA 17268 SENDER: D, Cummings REFERENCE: GV/Naug1e PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total postage & Fees uS postal Service Receipt for Certified Mail POSTMARK OR DATE 5-l-~\ No Insurance Coverage Provide? Do Not Use for International Mall --------- \.-:-=-~-~~~i.~~~~~~~=::=-:::~-=-:n:-:-:--::-::..:::::-::-:::~.:--~::"n-:::::--"------ -----~-...---- - ~ - --- --- '111111' II 7JolJ1o 11575 :Li!'IIf 2E? 111711 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) i ,J. A['icle Add...."d 10: d : _ ..iUUS odmn or Kccor s Wayncsboro Hospital 501 East Main Street Waynesboro, P A 17268 DYes i '~V/NilUgle, (( Iii; lli'llForm 38.11, June 2000 .-..._,-_...,--'-----"~~~~... :c, ;;" i\ " Ii' U b~Nb"bi ID\lL1UlU"'"us' '\,,, _ \! I.PF .I-P\ ,\, ,t"f"""b" \j' , Domestic Return Receipt .,.._-~--- <,,~.....--~~-~,-~-_._.--'--_._- U~'" '-""""-~~~c 1iOIi~_ "-'""",>-<1,, "~'-'~"^~~~' -, " ^ VIi!*" "'~""';., Jlii ' ,~~ Illt I HWllOln1:l~ \' ,-"["",,---,,,,"'-"~,",,' ~', o c <: uCD q][T! ~-~ .-/. :ZC ~i~: r.~ .-'-- }~C) :::":::0 )>c Z =<! -- o () ~n -~ .:!'="" :::J <Xl .,1 ~~.:' '--,,' ~ ~J ~.; :~.~; OfT1 :;:} SJ -< ~:' c:- O r ,,- .,,~- .-'," , I ~ . -, - = k"~ '-;,,,,--, ' , BARBARA ROOK plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, SHERRI L. MELLINGER, hereby depose and say that on May 7, 2001, I served a true and correct copy of the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 addressed to Mohammed S. Haq, M.D., upon the persons set forth below and in the manners indicated and that the certified mail was received on May 8, 2001, as shown by the signed return receipt attached hereto: Service by certified mail no. 7106 4575 1294 2327 4863, return receipt requested: Mohammed S. Haq, M.D. Primary Care Medical Associates 23 Walnut Street Waynesboro, PA 17268 Service by first class mail: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street HarriSburg, PA 17110-1708 4Jr; 11 l'j ~ h1{! jJj ~1 ) / Sherri L. Mell1nger Sworn and Subscribed to bef% me this l')'fJ, day of o.a- ' 20~. f~ t( rYJ t/1M%)' ~-ry Public Notarial seal Cynthia A, Morrison. No\aIY Public Lancaster. Lancaster County My Commission Expires Oct. 19. 2004 Member. Pennsytvanla AssOCiation of Notaries . . 71010 .lf515 :LiPllf II!? 1f1103 T&<lohammed S. Haq, M.D. Primary Care Medical Associates 23 Walnut Street Waynesboro, PA 17268 seNDER: D. Cummings REFERENCE:GV~au~e PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMARK OR DATE Receipt for Certified Mail 5 -7-0 I No Insurance covera{j'e Provided Do Not Use for International Mall ".,..,--- -.-.-~,--.- - I__n__n_~_._______~_..';_~-;-__n_.______n_n____~.________::'~=-_~;;'-=-'-._n...... r-'- . 7],lJII' !i575 'la"l~ .~ ~ata ._,-, 3. Service Type CERTIFIED 'MAIL 4. Restricted Delivery? (Extra Fee) 0 Yes M6\~'iMI~lr~ffl8q, M.D. PrilllaryCafe Medical Associates .23 Walnut Street Waynesboro, P A 17268 ~EYV1l'<~u~!e1i ,Ill 'Sform.3~),!i~; , I j Ii H i if I: rsJ;i.J~ il',iltlull'i-ilugsi; i Ii i i ,,' ,_.li!<.~'~~ .'; ",," , , - ------ --- ---,-- " '. . ------,. ,~.'~ ."l,,~~"j~"J~~~il!~~C- ,L ~. ,"'r,",~~,>,,_' ,,-' _ ~-~." ~-"~~ -, , "'>4~i~ . ~, ,:...;..,~t , - ~~"-- <""'.'-"~ "~~ "y ".- , 0 CJ () C -q -. U r'n --"'" nlf;:; ;,--"" ~:':::J:; -< ~ r ~- > (,r) CD --< Ci (~) I;::: .;,.. CJ "r~ -T: ..:> C) rj';"f Z 0 ':'-",-) P r;: .';=-rn C r._) Z ,-\ ::- _1:<> ~ ::0 (::> -< - ~ ~, ,,-~ - -'. , "I ,~,' "' i',..,,'-i..'~,_ "",-, ~'~ ~ , , BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, SHERRI L. MELLINGER, hereby depose and say that on May 7, 2001, I served a true and correct copy of the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 addressed to Dr. Richard Milford upon the persons set forth below and in the manners indicated and that the certified mail was received on May 11, 2001, as shown by the signed return receipt attached hereto: Service by certified mail no. 7106 4575 1294 2327 4894, return receipt requested: Dr. Richard Milford Mid-Atlantic Orthopedic Specialists 1120 A Professional Court Hagerstown, MD 21740-5848 Service by first class mail: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 , 4)(1.u~ J(. ~PI4"\Zf I) I Sherri L. Mel . ger Sworn and Subscribed to before me this /Sih day of 'ff1~ ---;-2001 ~ mow-~ tary Public Notarial Seal Cynthia A. Morrison. Notal)! Public Lal1castar, Lancastar County My Commission Expires Oct. 19, 2004 Member, PennsylVanla AssocIatIon of Notaries . " ~'" ,~'" ,,,;,, _~' , ',I'. 'x- ," - ,,~ .", -, ~,'~'" ~'.;' . . ~---..,..~---- 1101. IfS1S 12"11f 2327 1f6"J11 TeRr. Richard Milford Mid-Atlantic Orthopedic Specialists 1120 A Professional Court Hagerstown, MD 21740-5848 SENDER: D. Cummings REFERENCE:GV~augw PS FQrm 3800 June 2000 RETURN Postage v. RECSIPT Certjfied Fee L7V SERVIC~ Return Receipt Fee ,. Restricted Delivery . v.vv Total Postage & Fees J. US Postal Service , POSTMARK OR DATE Receipt for :5 -l~ol Certified Mail No lnsl,lrance Coverage Provided Do Not Use for International Mall t::._;;::::r..:-~=:::::.~:~:~~-_~':o::::c.:,-:~,-~:_:~'::'::;:::-:=:::_:~':'::'~__'_....... 111~i II il~ i - ' , - '.- " . ' 7J.lI1o '1515 :Li!!\If i!3i!1 'II'" .. o v., DNo 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 0 Yes BM.i~OO'1I"M'll'rt9rd .Mii\-Atlantic Orthopedic Specialists 1120 A Professional Court Hagcrstown, MD 21740-5848 i L_~V?nrdugl~f i!l$.;llorm 38H i ~une 2000 I"~ SENDER,; D. :CU1.l-1.l-11~115.:) Domestic Return ~ipl .~ ~~i/li!i.--.i~*" "~'''','' ,,- _?,,,,".,_o_" "IIl~~~liIj~ '!.JlItoii:oII , . -" 0 0 Ci C :e'" -'n 9j f~; ~ " :i~l" -< " ~~7~ iTl CO '-,-' !:::c ;::J " () " '" ,,-;; C) -"',~ 'T~ ,," c) ~-= C) ,~ Pc 1'-:> rn :~~ z t;:- ""'.;. -;J :0 ~, c::> -< - ~ , , -"c , "',, -""I ,..l,._"-_,,,' , c .. BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.: 00-7133 TODD ROTH and MARK NAUGLE Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, SHERRI L. MELLINGER, hereby depose and say that on May 7, 2001, I served a true and correct copy of the Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 addressed to Samuel F. Rashin, M.D., upon the persons set forth below and in the manners indicated and that the certified mail was received on May 8, 2001, as shown by the signed return receipt attached hereto: Service by certified mail no. 7106 4575 1294 2327 4856, return receipt requested: Samuel F. Rashin, M.D. Lebanon Valley Family Practice 1400 South Forge Road, #1 Palmyra, PA 17078-9513 Service by first class mail: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 AhA~ t?'(. rvJ.ge.~t- / Sherri L. Melli er Sworn and before me of Subscribed to this 1St/... day , 2001 Notarial Seal Cynthia A, Momson, Notary Public LancaSler, Lancaster County My'Commlssion Expires Oct, 19,2004 Member, Pennsylvania As$OClallon of Nolanes ~ -" ,I,,' _ 0,_" ,,~ ,. l"O,o"",,,,,,_._. <"'-' ~'~ ,~ ",-".- ... .~ ~,j, . ".-' '--':' ";, ',-, "~~ '-- (.~".~' e-' ,~~ ---,,,:, ."-'- -,,, '''''''"'"'' ,'>",-S,\f-""'''' "'c;.~" >""'" "'",-- ~ t" ..'- 1],DI. 1f575 :L!'I1f 2E7 Ifasl. TO~amuel F. Rashin, M.D. Lebanon Valley Family Practice 1400 South Forge Road, #1 Palmyra, PA 17078-9513 SENDER: S. Mellinger REFERENCE:GV~augw PS Form 3800 June 2000 RETURN Postage RECEIPT Certified' Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees us Postal Service Receipt for . Certified Mail No Insurance Coverage Provided . Do Not Use for International Mall POSTMARK OR DATE 5-7-{)/ 2. Article Number ..---.-----=-___'_.'n__ ~ ~T' '~. ---' _ _, n_' __. ,_, . ,'. '....~,'---'~"+,.~,,,_,_...,..--~______'_ ___" ..____.....u.u.u__..........Uuu.u.u____......h.u_uuu.........h. 1111'11111 7J.ll1o 1f575J.i!'lII 2327 If_ 3. Service Type C}ERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 0 Yes 1. Artlel. Address.d to: :samuCI!'. RaSlllll, M.D. Lebanon Vallcy Family Practice 1400 South Forge Road, #1 P~1llyra, PA 17078-9513 C. Signature DAgen! DAdq,....e Dyes ON' X D. Is delIVery ~dctress dIfferent ,rom item 11 If YES, enter ,delivery addresS below: : , , , \. SENDER!':S. Mell1nger , *~V iNhllgle Ii' j !lfff"Tr WI1f Jl'i'f :;OPO: ,_L_ _. i Ii I D, omestic Return Recei~t _ 111 , -' :..0,..'" .~-~~~if!:!lQ'2JJlll-lj~"""l~~iWwr_~Iii.' Jj,;!,~"",!,l" ~J4J;:-HLU.uh'~--'~',c'-':'1'~,,_", "", .._ "- .~ --'~ '.'v"'j_1I!lIil <:];-;'~, rr- ':- ~;;:~i; ~S:: "'"'"' r-r- $'-_r z~) 5>~":',,~ ~,- 2 -< -< o c' c .,....- = ,l' '~'""'_ ~ :-"" co ~::J' c:; '~L. ~-,/(; 253J 7C1 ;~nc, ,-, ;E! ;:n -< "'"tJ :::J;: r;", t:" o -,., <~ , ~'-', -"" ".,'--,1 ' _:~ '_.__,"0_,-' .':'-'._ /'. ';"', ~il!\ . JUt 2 02001 r/J BARBARA ROOK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW TODD ROTH and MARK NAUGLE, Defendants NO. 00-7133 Civil WRY TRIAL DEMANDED OL AND NOW, this ~ day of '..\ '" ,2001, the above caption is amended to r include Frena Farm as a Defendant and hereinafter the caption shall be docketed as follows: BARBARA ROOK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW TODD ROTH, MARK NAUGLE, and FRENA FARM, Defendants NO. 00-7133 Civil WRY TRIAL DEMANDED .~ ~~~ n')."D ~V 1. '( , I r II II 'I 'I I. I'.' 11 !, " -,- . .. .. "I' , "'~ r,; ';1 ,) cu>/::_);;~,' i:-~_'i j~i:.:I\!j\]0YL\I~; ~ ~'~"' .~ . . ",.,. _,'~' "0 ,'-,," '!, I 'j ,'J" " "liNN \MA , ,=,~ "-- .~~~~ #!l~" "_"," :~.___ ~J~ ~, ,- - ~ .'- . ",' ,~;,,- ,,0"_1"" '_, ='"';'''''-'.G~~, ""'l;,,--,~-,-- 1_"_' -""";\l~';- . BARBARA ROOK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, CIVIL ACTION - LAW TODD ROTH and MARK NAUGLE, Defendants NO. 00-7133 Civil WRY TRIAL DEMANDED STIPULATION -/41 AND NOW,... J!L.my of ~ ,2001, ,he """" hereby ""eM'" that the caption should be amended to include Frena arm as a Defendant, ANGINO & ROVNER, P.C. ~ David L. Lutz J.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Date: 7 -Ilt - Of WAGMAN, KREIDER & WRIGHT Date: 7~!61 & '~-.;,..~-~~ =' ,,",r.._, .. ,,"~'-",- """.....;.,:~~Mil" '--' _~~_ ,'_ _.0,.__ "-'<_., n_ ,,~ ,_ ,-,'_ ~ ,_ ' RECEIVED JUN 2 9 2001 ",~', < >, ",-'. ' .,--. , ~,'''" ,~".1 ,'''"" , "0" . -. '_c, ^'" -= , "-" ~, c, .-<0 ,'~ ,~,",~_" '-,,---I," ..' .;:~'"", " '~; .... CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the STIPULATION upon counsel for Defendants, postage prepaid first class United States mail addressed as follows: Jeffrey Wright, Esquire 222 E. Orange Street P.O, Box 1522 Lancaster, P A 17608 Attorney for Defendants Dated: 1-1/-0\ 221826.1IDLLIMTG ~', ;;.'"""'-~'-. ~, .. "-=i>''''''"'-'~"_ .~ =" e"~ ~_,="," , . 'Ji!lllli'" O~. "~,,,, ,"_ "" 0 " __,'~ ~, ' ,.-", '."""'"' 'k: ~> '''''''' j."O^ ",-,.. .. '0<_ ,,~ ! I ij il ~ n ~~ c-__~ , '-; ".~- , - -<,>,<" "",-=",,,,,",,-, '~"""'"'~__,,, L, "__, ,.- ',"" ~I - ,:,;,,;;,,"^ ~._; " _' ...;.H",~ , BARBARA ROOK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW TODD ROTH, MARK NAUGLE, and FRENA FARMS, Defendants NO. 00-7133 Civil WRY TRIAL DEMANDED PLAINTIFF'S OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiff, Barbara Rook, objects to the proposed Subpoena that is attached to these objections for the following reasons: Defendants seek psychiatric and/or behavioral medical treatment only and given the Plaintiffs orthopedic injuries, said records are not discoverable. Plaintiff has no objection to the Defendants seeking medical records containing orthopedic/medical information, but objects to the Defendants seeking psychiatric records as Plaintiff has not placed her psychiatric condition in issue in the present litigation. Date<6' ~1 ~O\ ~ ROVNER, P.C. DaVid L. Lutz LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 235338.1\DLLIMTG S'~ , ~. , I ~~;..;,-,~; , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARBARA ROOK v. TODD ROTH and MARK NAUGLE and FRENA FARM FileNo. 00-7133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009,22 TO: Custodian of Records - Hershey Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Addendum to SubpoRna. at the law office of Waqman, Kreider & Wriqht, 222 E. Oranqe st., Lancaster, PA 17602 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a: court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Jeffery D. Wright, Esquire AddffiSS: 222 E. Oranqe St., P.O. Box 1522 Lancaster, PA 17608-1522 Telephone: (717) 397-7000 Supreme Court ID # 41495 Attorney For: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Ei!.7/97) , ',"""L -,,,,. "'-l~lJ.:;~i BARBARA ROOK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO,: 00-7133 TODD ROTH, MARK NAUGLE and FRENA FARM Defendants JURY TRIAL DEMANDED TO: Custodian of Records Hershey Medical Center P.O, Box 850 Hershey, PA 17033-0850 ADDENDUM TO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: With regard to all psychiatric and/or behavioral medical treatment only, all consultation notes and reports, emergency room records, disability slips, diagnostic reports, office notes, correspondence, electronically created data, and other compilations of data from which information can be obtained or translated, if necessary, and any other documentation regarding psychiatric treatment or behavioral medical treatment rendered to Barbara Rook from the year 1994 through the present date, -~--, ___,'_u.,,<,>,_. "-~~C.,~^' "."''',,",, ~ '~,i:,'-;;;" ,-,"'-~~'0c'<,,'-'" h-",c,.."__,,,,;' '., "';"ji..~ CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 upon counsel for Defendants, postage prepaid first class United States mail addressed as follows: Jeffrey Wright, Esquire 222 E. Orange Street P.O. Box 1522 Lancaster, P A 17608 Attorney for Defendants Dated:)' ,(J ') -0 \ 235338.1IDLLIMTG II ;&i '.-'~- _' 1 ~" La ,-.~i;"~~r~'UL ' ,""__'_r,\,~~, , ,"".=",,~~"~_"~_O' _~_~ """_'_'>__7~,=, ~_ ~,~~",-",-"" o. -"0'" MiilI ,",,' ""I",. ~ ~ - -,- '-"," '0 . ,~", ,,-,~~, " "~ ,---- o f; "\:) [j:, D) ['!" ~;:~( "'J .:<: ~ "f;--; C-_', ~~f~ 2: :< ,~, 1~ i:i-::; L",) j':" C) "!? .....; ':..,) :.:..,; .0.<:": ~ . ."~, ,..,.~, ~,' , ",I "'~ " "J-, "" ~;,' .i~:; BARBARA ROOK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW TODD ROTH, MARK NAUGLE, and FRENA FARMS, Defendants NO. 00-7133 Civil WRY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. Date: ~/d-l6-1)\ ANGINO & ROVNER, P.C. ~. David L. Lutz LD. No, 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff cc Jeff Wright, Esquire ~ ~~ ~". ~1_ ., '.ihiW."o_--'~.\~~~ ~'~'-"'-.- - 'XU:i!t~ "-"~-: ,TJjiJ :~""dn,M"",,,,~~~ll!l _'", J __~''", ~"-, - ,~,,~". ~i:l.L , - -,>{, -- ,~ "," o ~; -Cr:~ fT1h-- ~~. ~(~ >~: c c::J ,,_ .I' "u1 !'--c ",::... ...:! :..) -,jj~i JANICE DEPUTY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 99-7133/ CIVIL ACTION LAW 00-6823 V JOHN R. DEPUTY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Monday, June 02, 2003 at 11 :00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any an~ all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq, U Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "" 1/, , t:J3 1,/- ,L73 /j-.cJ/'OJ -"ll~,~~,"~~,_~ '^ ^,h ,__,_ ""') "" ,,",.. ''''-''' ''''.' '<" ~~. ~' - "",-,-",,'.''''-''''',' -' >"'~'" " "'~. - '... "nlwrrr O~: :: ,. <"",' i-1-:/',,~W ? J ~;: 1,3 CUIV{;:_~i i,," ,,-' : ./"~:Lj;'~TY PENf\:-SYlVA!\I:/\ {!d.~~z4c:J~ ~ ~Z-"'I'~-r4~ d91i1 )'Pt~.I ~ a4 ~ ,~" ~ll!l~~Jl#i!~~\1<:>llI~,,\'f!!,~"'~"''''ll'~;''f~'''j;'i'1F''~'t-~~~~'''~~~__ _=,. ,,~ -~ ",~. ~ -J- J~~' If' JANICE DEPUTY, Plaintiff/Respondent v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6823 Civil Term~ No, 99-7133 Civil Term JOHN R. DEPUTY, Defendant/Petitioner CUSTODY ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Petition, it is hereby directed that the parties and the respective counsel appear before , the conciliator, at on the day of , 2003, at .m., for a Pre- Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 , " , ,- ,,"- , ~i JANICE DEPUTY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-6823 Civil. Term No. 99-7133 Civil Term JOHN R, DEPUTY, Defendant/Petitioner CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND NOW, comes John R, Deputy, by and through his attorneys, Purcell, Krug and Haller, and files the following Petition for Contempt and Modification of Custody: 1, Petitioner is John R. Deputy (hereinafter ~Father"), father of the minor children Angela Deputy (DOB 3/21/87) and Dana Deputy (DOB 5/9/91), Father is a United States citizen. He currently resides in Paris, France as a result of relocation by his employer, 2. Respondent is Janice Deputy (hereinafter ~Mother"), mother of the aforementioned minor children, Mother resides with the Children in Cumberland County, Pennsylvania. 3, On or about December 6, 2000, the parties entered into a stipulation for custody which was subsequently entered as an Order of Court. A true and correct copy of said Order is attached hereto and made part hereof as Exhibit ~A". 4. Pursuant to that Order, the parties share legal custody and Mother has primary physical custody. 5. Mother has failed and refused to comply with the terms ~ H , , . I --j- '~~ of the Court's Order, as follows: a, Mother has failed to maintain internet access and e-mail capability for the children pursuant to Paragraph IV. Even when these services were available to the children, Mother prevented any meaningful contact between Father and the Children by requiring the Children to allow her to read all e-mail and to provide her with passwords to their accounts. b, Mother has failed and refused to allow regular telephone contact in violation of Paragraph IV, Frequently, the phone is not answered at all, If Father leaves an answering machine message, calls are not returned, When Mother answers the phone, she pretends not to be able to hear Father and hangs up, On the rare occasions Father speaks to one of the children, Mother eavesdrops on the conversations or insists that the children hang up because she is waiting for another call. Mother has call waiting, c. In violation of Paragraph 1(7), Mother has failed and refused to provide Father with copies of report cards, school counselor reports, the school calendar and notification of major school events, Father has not received anv of this information since the inception of the Order, d. Mother does not involve Father in any decision- making, He has no knowledge of the things that go on in the lives of his children unless they tell him, They are reluctant to do so, as they have been told to, "keep our business as our business." e, In violation of Paragraph 11(5), Mother never informs Father of the whereabouts of the Children when they are away from home, Even when she takes 2 .;.J _L " "-'-- .- ~-- the Children on an annual vacation to Georgia she refuses to provide an address or telephone number. f. Mother refuses to identify medical providers or to provide medical treatment information in violation of Paragraph 1(7). Angela has had a history of mental health problems, and Father does not know who is currently treating her or if she is being treated at all. Both Mother and Angela have refused to consent to Father's receipt of Angela's current medical records, also in violation of Paragraph 1(7). g. Father lives and works in Paris, France. Due to the nature of his job, he has limited opportunities to return to the United States to visit with the Children. When Father notifies Mother he will be in the Unites States, she usually advises that the Children are not available because she has other plans. h. In May, 2000, Father made arrangements to visit the Children while in t.own on a business trip. Upon arrival at Mother's home, no one was home. When Mother finally arrived, the police had to be called because Mother, her friend and Mother's Father were screaming insults at Father and his Wife. Father was eventually allowed to see the Children, but his Wife was forced to wait outside. i. Over the summer of 2002, Father had an unexpected business trip in Georgia. Mother initially agreed to allow him to visit with the Children, but after Father made arrangements to be in the country for a total of thirty days, Mother refused unless Father handed her a support check upon arrival (support was in current status). Then, she refused to conduct any of the transportation, even though she was scheduled to take a family vacation 3 ~" . , i" ~,I -, ~, jJ "c. iIifi"OO:: in another part of Georgia. was only permitted to visit ten of the thirty days. He all. In the end, Father with Dana for about did not see Angela at 6. When the custody order was entered, Father lived in Jedda, Saudia Arabia. As a result, the parties agreed that all of Father's visitation would be conducted in the United States. Now that Father resides in France, he desires to conduct extended periods of visitation in France, but Mother refuses. 7. Despite that Mother is gainfully employed and receiving regular support from Father, she refuses to provide adequate housing for the Children. Currently, Mother and the parties' two teenage children reside in a small, one bedroom apartment. WHEREFORE, Father respectfully requests this Honorable Court to find Mother in Contempt of the December 6, 2000 Order and to modify the Order to address the problems set forth herein. PURCELL, KRUG AND HALLER By Njichole M. 1D #79866 n719 Nort Front Harrisburg, FA 717 234-4178 . '1/;!;C- Esquire Date: April 10, 2003 4 ". - ~- , ',- , " ,.I . - ~ - . ,- c'> i". " -"-'~;1 JANICE DEPUTY, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLANDCOUNTY,PENNSYLV ANIA * vs. * NO. 00-6823 CIVIL TERM * NO. 99-7133 CIVIL TERM JOHN R. DEPUTY, * Defendant. * CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Angela Deputy born March 21, 1987 and Dana Deputy born May 9, 1991. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of child care providers; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education, therapy and social adjustments. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor to undermine or EXHIBIT A. i :I ";h'lh adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 5. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. To facilitate communication between the parties, they have retained the services of Dr. Stanley Schneider. His participation in this capacity shall not disqualify him from serving or testifying as a custody evaluator in this matter or any other proceeding involving the children. All of the services provided by Dr. Schneider not covered by insurance shall be paid by Father. On or about the 15th day of every month for not less than three (3) months following the entry of this Order, the parties shall have a half-hour telephone consultation with each other and Dr. Schneider to discuss the best interests of the children, their parenting and any other topics Dr. Schneider deems relevant. Also for at least three (3) months following entry of this Order both parents shall participate at least once monthly in telephone conversations with Angela's Intensive Care Manager (now Mickey Myers), with any uninsured costs paid by Father. Father shall initiate and pay for the conference calls, provided that the Intensive Care Manager is agreeable to these conferences. 6. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and 2 'V . . -- , --, j" >1",.-", 1,-;' '. ,'._ ,'" ~ <' ~':!lJ~: consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 7. Each parent shall be entitled to complete and full information from any doctor, therapist, counselor, dentist, teacher mental health case worker or any institution or authority and have copies of any treatment plans, records and reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, and other records relating to the children. Both parents may attend school conferences and activities. Each parent will promptly advise the other of any significant event or treatment involving the children, utilizing facsimile transmission, e-mail or telephone, at the notifying parents option. Within ten (10) days of the entry of this Order, Mother shall prepare and supply to Father a complete list of all physicians, health care providers, psychologists, counselors, caseworkers, school counselors and institutions who have provided within the last six (6) months and are now providing either child with services, including the providers street address, telephone, fax and e-mail address. Within twenty (20) days of the entry of this Order, Father and/or Mother shall request from each provider the consent form required by that provider to release complete information regarding each child, including verbal and written reports. Mother and Father shall promptly thereafter sign these consents and deliver them to each provider, thereby enabling each parent to have access to all available information regarding each child. Should the providers change, Mother will promptly provide Father with the contact information and any additional consent necessary for parents to execute to effect the continuing intent of this paragraph. Should either child's authorization be required for the release of information, both parents will use their best efforts to obtain the child's authorization. Should the child seek to exclude one parent from receiving information, the other parent shall nevertheless supply it if available to him/her. Should the child attempt to bar both parents, either, upon demonstrating legal authority for the Court to do so, may seek an Order requiring the child to execute releases or providers to fully inform both parents. It will be Mother's primary 3 responsibility to provide Father with copies of report cards, school counselor reports, the school calendar and notifications of major school events. 8. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 9. Both parties will attend any individual therapy or counseling recommended for either of them by Dr. Schneider, provided that Father is solely responsible for any uninsured costs for this individual counseling. II PHYSICAL CUSTODY Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Up to sixty (60) days, which need not be consecutive, with Father annually with both children simultaneously, which may be exercised upon forty-five (45) days notice to Mother, but shall not conflict with her holiday or vacation time with the children or with the children's attendance at school and shall not occur during the first seven (7) days following adjournment of the school year, nor during the seven (7) days immediately prior to the resumption of school, so that Mother can with assist with the transition from school to summer vacation back to school. 2. The parties shall share fairly or equally time with the children on Thanksgiving Day, Christmas and on Easter Sunday. 3. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. 4. Father's partial custody shall be exercised within the continental United States. 4 ~: C-?-'_; l"'~ -~ ';~ 5. Both parents will supply the other with an itinerary, address and telephone number where the children are at all times. III. TRANSPORTATION Father shall provide all transportation necessary for his partial custody, except that Mother shall drive up to ninety (90) miles from her residence to share half the driving with Father for all custody exchanges, at mid-point locations to be mutually determined. IV. COMMUNICATION BY TELEPHONE. INTERNET AND OTHER MEANS The parties agree that there shall be regular fax, e-mail, telephone and/or internet access at least once weekly between the children and both parents without monitoring or eavesdropping by either parent interfering with privacy requested by either child. The parents shall place telephone calls to the children so as not to interfere their bedtimes. Each child shall be permitted free access to send e.mails, faxes or to place calls to Father at any time they desire, so long as Father pays for all telephone calls. Mother will maintain computer service, internet access and e-mail capability to facilitate communication by Father with her and the children, except for unavailable lapses in service due to technical problems or breakdowns beyond Mother's control. V. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, an~ in particular, based upon Wife's current residences in Cumberland County, Pennsylvania, and Father's residence in Jedda, Kingdom of Saudi Arabia. If either parent desires to establish a residence more than fifty (50) miles from their present residence, they shall give the other parent at 5 least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion appropriate custody/partial custody orders. This Stipulation shall be entered as an Order of the C ,f J i! / ,.) c/ Ulttu L ,~/JW fA, 1772J~ Bruce Bratton, Esquire Attorney for Plaintiff Edward J. eintraub, Esquire Attorney for Defendant Approved and entered as an Order of Court. BY THE COURT: j.sJ tJ1VfUj p wil,Ja J. Date: J 1-{Jl-{) 0 6 T""E C"""Y 1l'''A~' ~!::!~r-'.~D IhliJ ",~",Ur- lrli'J~/~~"l tt"l-::"~'''''"\'''' B"l,' In Testimonv whereof, I here untQ ost my hand , . and t, seol of sa' Court 'it..Carlis!e, Pa. of:....JJf,C.,...., ~.. . .. ...,. rothonotary , ~.,' VERIFICAUON I, John Deputy, hereby verify that the facts contained in the foregoing Petition for Contempt and Modification of Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Da t e: /(1 ,.f';>;t t? J I, Nichole M. Staley O'Gorman, Esquire, counsel for the within Plaintiff, hereby verify that the facts contained in the attached Petition for Contempt and Modification of Custody are true and correct to the best of my knowledge, information and belief, based upon the information known to me and provided by my client, John Deputy. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~I/IO! O:!J ~.d 60v0v[2L~L~000'~ 3do~n3 S13f13N:30 2~:L~ [002-~n~-0~ ,-. -. -.' .~ ,~ --', I'. '-" ~~i I I I i ! CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Haller, counsel for Defendant/Petitioner, hereby certify that service of the foregoing PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY was made upon the following by both Certified Mail, Return Receipt Requested, Restricted Delivery and First-Class, Regular Mail, Fostage-Prepaid on April 11, 2003. .Janice Deputy 401 Summit Road Rear New Cumberland, PA 17070 ~~~ iiG.-;';'-;;---Iiltii!(~i~~~~~j;,\"i!i~~iflllK'lW~--iiIl~--'-'~" 'l-lilJj~"~""-- ~ '!lfBlt~imil J~':~;n;;Jt,l c,o, <, ~ "'''~ "" ~=~~ . ~ ,h',e"-' "",-~,., .,.,'_,~' ,."..., "",~_o'~"'."" -pP~ th l'l- ~ -:::& ~:tJ ~p.: 1 (JJ , ~ J:. ~ ~ ~ '\ ~ ......... ~. W €'- ~ "b ~ "\\ ~ ~ ~ ",,,,c,"~~__, '. J_"P<"~,~,,, _ _",___, ,.~ ~ , i 0 C'..:.' (-. ,-- c<,) .. j ::::;--" ;"1 '-n .-.~ ,;-~3 :~ !,}-: --:J , - ~) , -n -- r'::':' /. :::':J c,--: ,". .~ .. r } (~) ~l~~ ."l' ,., :;~: --:-',) .'n s:-; .:') ::: ) l-n ~':J ~', .1::-- -( . -J XI -< ,