HomeMy WebLinkAbout03-2289BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs ?1
DOCKET NO.03- CV-2003-CV
V.
: CIVIL - IN LAW
JANICE R. VAJDA and
ANDREA L. VAMA : q eve- JURY TRIAL DEMANDED
35 o 9 Co u,,fkys 4e efendants
C??M p? J1, ??.-70i/
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue Writs of Summons in the above captioned action.
X Writ of Summons shall be issued and forwarded to
() Attorney (X) Sheriff
May 13, 2003 61
Luther E. Milspaw, r., squire
Supreme Ct. ID No: P 19226
130 State Street, P.O. B x 946
Harrisburg, PA 17108- 946
(717) 236-3141 Voice
(717) 236-0791 FAX
Lmilspaw@mblawfirm.com
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED
AN ACTION AGAINST YOU.
Date: 771 Prothonotar-
BY ax h?,pD,
Deputy
CNO
V ??- f.
tr _
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02289 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BAIR BARBARA L ET AL
VS
VAJDA JANICE R ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
VAJDA JANICE R
was served upon
the
DEFENDANT , at 2005:00 HOURS, on the 14th day of May 2003
at 3509 COUNTRYSIDE LANE
CAMP HILL, PA 17011
JANICE R VAJDA
a true and attested copy of WRIT OF SUMMONS
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /G ? day of
2" a 3 A. D.
Prothonotary '/_
So Answers:
R. Thomas Kline
05/15/2003
LUTHER MILSPAW JR
By:
Deputy S iff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02289 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BAIR BARBARA L ET AL
VS
VAJDA JANICE R ET AL
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
VAJDA ANDREA L
DEFENDANT
the
at 2005:00 HOURS, on the 14th day of May , 2003
at 3509 COUNTRYSIDE LANE
CAMP HILL, PA 17011
JANICE R VAJDA, MOTHER
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this lG day of
.200-3 A . D .
rothonotary
So Answers:
R. Thomas Kline
05/15/2003
LUTHER MILSPAW JR
By:
Deputy S iff
BARBARA L. BAIR and ROLAND W.
BAI R,
Plaintiffs,
V.
JANICE R. VAJDA and ANDREA L.
VAJ DA,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 03-2289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendants,
Janice R. Vajda and Andrea L. Vajda, with regard to the above-captioned matter.
Respectfully submitted,
Date:
NEALON & GOVER, P.C.
By:
James G. Nealon, III, Esquire
I . D. #: 46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
CERTIFICATE OF SERVICE
XN--
AND NOW, this V day of May, 2003, 1 hereby certify that I have served the
foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Luther E. Milspaw, Jr., Esquire
130 State Street, P.O. Box 946
Harrisburg, PA 17108-0946
JAMES G. NEALON, III, ESQUIRE
C C-)
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'`
BARBARA L. BAIR and ROLAND W.
BAIR,
Plaintiffs,
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 03-2289
JANICE R. VAJDA and ANDREA L. CIVIL ACTION - LAW
VAJ DA,
Defendants. JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20)
days or suffer a judgment of non pros.
Respectfully submitted,
NEALON & GOVER, P.C.
By:
James G. Nealon, III, Esquire
I.D. #: 46457
2411 North Front Street
Harrisburg, PA 17110
Date: 717/232-9900
RULE
TO THE PLAINTIFF:
A Rule is hereby issued upon you to file a Complaint within twenty (20)
days of service of this Rule or suffer a judgment of non pros.
DATED: 2ToZ?3
0 ?. ?4-'
P
rothonotarv
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BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: DOCKET NO. 03-2289 -CV-2003-CV
V.
: CIVIL - IN LAW
ANDREA L. VAJDA and
JANICE R. VAJDA, : JURY TRIAL DEMANDED
Defendants
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 with in twenty (20) days after this Complaint
and Notice are served by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166 or 1-800-990-9108
BARBARA L. BAIR and
ROLAND W. BAIR,
Plaintiffs
V.
ANDREA L. VAJDA and
JANICE R. VAJDA,
Defendants
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 03-229 -CV-2003-CV
CIVIL - IN LAW
JURY TRIAL DEMANDED
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo at partir de la fecha
de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted nose defiende, la sin previo aviso o notificacion y por cualquier queja
o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros
derechos importantes para. usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166 or 1-800-990-9108
BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
DOCKET NO. 03-2289 -CV-2003-CV
V.
CIVIL - IN LAW
ANDREA L. VAJDA and
JANICE R. VAJDA : JURY TRIAL DEMANDED
Defendants
COMPLAINT
NOW COME, Plaintiffs Barbara L. Bair and Roland W. Bair, by and through
their attorney, Luther E. Milspaw, Jr., and in support of this Complaint state:
FACTS COMMON TO ALL COUNTS
1. Barbara Bair is an adult individual with a residence address of 77 Beechcliff Drive,
Carlisle, Pa., 17013.
2. Roland Bair is an adult individual who is the husband of Barbara Bair, with a
residence address of 77 Beechcliff Drive, Carlisle, Pa., 17013.
3. The Defendant, Janice R. Vajda, is an adult individual with a residence address of
3509
Countryside Lane, Camp Hill, Pa., 17011.
4. The Defendant, Andrea L. Vajda, is an adult individual with a residence address of
3509
Countryside Lane, Camp Hill, Pa., 17011.
5. On May 14, 2001 Plaintiff Barbara Bair was traveling eastbound on SR-114 in Silver
Spring Township, Cumberland County, Pennsylvania, operating a vehicle identified as a 1987
Buick Park Avenue, license plate number APN3697, registered in Pennsylvania.
6. At that date and time, Defendant Andrea Vajda ("driver") was operating a 1996 Mazda
Protege,
with the license plate number DYZ6417, registered in Pennsylvania, heading westbound on T-
587, also in Silver Spring Township, Cumberland County, Pennsylvania, with Defendant Janice
Vajda as her passenger ("passenger").
7. The car driven by Defendant Andrea Vajda was owned and insured by Defendant
Janice Vajda at the time.
8. At approximately 5:50PM in the afternoon of May 14, 2001, as Plaintiff Barbara Bair
was traveling east bound on SR-114 and was crossing the intersection of SRI 14 with T-587, and
having the right of way in her favor, she was struck by the Defendants' vehicle as the Defendants
attempted to cross SR-114 and continue on T-587 westbound.
9. The Defendants were stopped at a stop sign at the intersection of T-587 and SR-
114 when the Plaintiff Barbara Bair approached the same intersection.
10. The Defendant driver pulled out from the stop sign, while talking to her passenger,
failed to see the Plaintiffs vehicle and hit it. The conduct of the Defendants in hitting the
Plaintiffs vehicle was negligent, careless, and reckless.
11. As a direct and proximate result of the negligent, careless, and reckless conduct of
the Defendant driver, and the combined negligent, reckless, and careless conduct of the
Defendants, the Plaintiff Barbara Bair suffered serious injuries.
12. As a direct and proximate result of the injuries received as a result of the collision on
May 14, 2001, the Plaintiff Barbara Bair has been unable to resume and continue in her regular
employment and has suffered wage loss as directly related thereto.
13. As a direct and proximate result of the individual and collective negligent, reckless,
and careless conduct of the Defendants, Plaintiff Barbara Bair has suffered and will continue to
suffer from a loss of life's pleasures and has suffered and will continue to suffer on a regular
basis from physical, emotional, and mental anguish.
14. As a direct and proximate result of the individual and collective negligent, reckless,
and careless conduct of the Defendants, Plaintiff Barbara Bair has incurred and will continue to
incur medical costs and expenses and other financial losses.
COUNT I - NEGLIGENCE
PLAINTIFF BARBARA BAIR
v. DEFENDANT ANDREA VAJDA
15. Paragraph 1 through 14 are incorporated herein by reference as if set forth in full.
16. The motor vehicle accident resulted in personal injuries to Plaintiff Barbara Bair
which were a direct and proximate result of the negligent, reckless, and careless actions of the
Defendant Andrea Vajda, which include but are not limited to the following:
a. Failing to take due and proper cognizance of the other drivers on the roadway
upon which she was driving;
b. Operating her vehicle in a manner which was careless, willful, and with
reckless indifference to the rights, safety and position of the Plaintiff,
c. Failing to observe the Plaintiff's vehicle on the roadway;
d. Failing to keep a reasonable lookout for other vehicles lawfully on the road;
e. Failing to apply her brakes;
f. Failing to apply her brakes in time to avoid the collision;
g. Negligently applying her brakes;
h. Failing to operate her vehicle in accordance with existing traffic conditions and
traffic controls;
i. Operating the vehicle in a manner which endangers persons and property, and
in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and
j. Permitting her vehicle to strike the vehicle occupied by the Plaintiff Barbara
Bair.
17. As a result of the force of the impact caused by the negligence, careless, and reckless
acts and failures to act of the Defendant Andrea Vajda, Plaintiff Barbara Bair suffered physical
injuries, including but not limited to injuries to her neck, chest, left shoulder, left forearm, left
wrist, and fingers and residual injuries thereto, loss of sleep, headaches, numbness and tingling,
pain, and losses associated with her range of motion.
WHEREFORE, Plaintiff Barbara Bair demands that judgment be entered in favor of
Plaintiff and against Defendant Andrea Vajda for compensatory and general damages in a sum in
excess of twenty-five thousand ($25,000.00) dollars plus cost of suit and such other relief as this
Court deems just.
COUNT II
PLAINTIFF BARBARA BAIR
v. DEFENDANT JANICE VAJDA
NEGLIGENCE
18. The foregoing paragraphs of this Complaint are incorporated herein by reference as if
set forth again in full.
19. Defendant Janice Vajda, as owner of the vehicle, owed duties to the Plaintiff Barbara
Bair to insure that the driver of her vehicle was properly licensed and qualified to operate the
vehicle and to insure that the drive operated the vehicle in a manner that was not negligence,
careless, or reckless. Defendant Janice Vajda breached these duties.
20. As a result of the force of the impact caused by the negligence, careless, and reckless
acts and failures to act of the Defendant Janice Vajda, Plaintiff Barbara Bair suffered physical
injuries, including but not limited to injuries to her neck, chest, left shoulder, left forearm, left
wrist, and fingers and residual injuries thereto, loss of sleep, headaches, numbness and tingling,
pain, and losses associated with her range of motion.
WHEREFORE, Plaintiff Barbara Bair demands that judgment be entered in
favor of Plaintiff and against Defendant Janice Vajda for compensatory and general damages in a
sum in excess of twenty-five thousand ($25,000.00) dollars plus cost of suit and such other relief
as this Court deems just.
COUNT III-LOSS OF CONSORTIUM -ET AL.
PLAINTIFF ROLAND V. BAIR
v. DEFENDANT ANDREA VAJDA
21. The foregoing paragraphs of this Complaint are incorporated herein by reference as if
set forth again in full.
22. The Plaintiff, Roland Bair, has been deprived of his wife's services in society and has
expended and will be obligated to expend substantial funds to care for her and to pay for the
expenses associated with her injuries.
23. As a result of the negligence of the Defendant, herein set forth, Plaintiff Roland Bair
has suffered loss of consortium of his wife, emotional distress in response to his wife's condition,
anxiety, and loss of enjoyment of life, all of which have been continuing, will continue in the
future and are permanent.
WHEREFORE, Plaintiff Roland Bair demands that judgment be entered in favor of
Plaintiff and against Defendant Andrea Vajda for compensatory and general damages in a sum in
excess of twenty-five thousand ($25,000.00) dollars plus cost of suit and such other relief as this
Court deems just.
COUNT IV- LOSS OF CONSORTIUM- ET AL.
PLAINTIFF ROLAND BAIR
v. DEFENDANT JANICE VAJDA
24. The foregoing paragraphs of this Complaint are incorporated herein by reference as if
set forth again in full.
WHEREFORE, Plaintiff Roland Bair demands that judgment be entered in favor
of Plaintiff and against Defendant Janice Vajda for compensatory and general damages in a sum
in excess of twenty-five thousand ($25,000.00) dollars plus cost of suit and such other relief as
this Court deems just.
submitted,
July 16, 2003
BY
Luther E. Milspaw Jr., Esquire
Attorney ID # 1922
130 State Street, P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141; FAX (717) 236-0791
Email: Lmilspaw@mblawfirm.com
Attorney for Plaintiffs
BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
DOCKET NO. 03-2289 -CV-2003-CV
V.
CIVIL - IN LAW
ANDREA L. VAJDA and
JANICE R. VAJDA, : JURY TRIAL DEMANDED
Defendants
VERIFICATION
I, Luther E. Milspaw, Jr., Esquire, attorney for BARBARA L. BAIR and ROLAND
W. BAIR, the plaintiffs the instant action, being duly sworn according to law, deposes and says
that the Plaintiffs are outside the jurisdiction of the court and their original verification cannot be
obtained with the time allowed for the filing of the Complaint; that the facts set forth in the
foregoing Complaint are true and correct to the best of the Plaintiffs' knowledge, information
and belief, all as related to the undersigned by Plaintiffs; that an original verification shall be
obtained from the Plaintiffs as soon as possible and filed with the Court; and that the undersigned
understands that this Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to
unswom falsification to authorities.
July 16, 2003
Lu er E. Mils Jr., Esquire
CERTIFICATE OF SERVICE
AND NOW, this 16th day of July, 2003, I hereby certify that on this date I served the
foregoing Complaint, by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg,
Pennsylvania addressed as follows:
James G. Nealon, III
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA 17110
July 16, 2003 BY: 121 (;Ie'?
Elizabeth M. Patterson, Paralegal to
Luther E. Milspaw, Jr.,Esq.
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BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
DOCKET NO. 03-2289 -CV-2003-CV
V.
CIVIL - IN LAW
ANDREA L. VAJDA and
JANICE R. VAJDA, : JURY TRIAL DEMANDED
Defendants
PRAECIPE TO FILE VERIFICATION
TO THE PROTHONOTARY:
Please substitute the enclosed Verification, signed by the Plaintiff, for the attorney's
verification which was filed with the Complaint on July 16, 2003. 7
July 24, 2003
e
CERTIFICATE OF SERVICE
AND NOW, this 24' day of July, 2003, I hereby certify that on this date I served the
foregoing Praecipe to File Verification, by depositing the same in the U.S. mail, postage pre-
paid, at Harrisburg, Pennsylvania addressed as follows:
James G. Nealon, III
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA 17110
July 24, 2003
BY:
ElizA? M. Patterson, Paralegal to
Luther E. Milspaw, Jr.,Esq.
BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
DOCKET NO. 03-2289 -CV-2003-CV
V.
CIVIL - IN LAW
ANDREA L. VAJDA and
JANICE R. VAJDA, : JURY TRIAL DEMANDED
Defendants
VERIFICATION
I, the undersigned, hereby verify that the statements made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 PA. Section 4904 relating to unsworn
falsification to authorities.
Barbara L. Bair
(7
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BARBARA L. BAIR and ROLAND W.
BAIR,
Plaintiffs,
V.
JANICE R. VAJDA and ANDREA L.
VAJDA,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 011-2289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Barbara L. Bair
Rowland W. Bair
c/o Luther E. Milspaw, Jr., Esquire
130 State Street
PO Box 946
Harrisburg, PA 17108-0946
YOU ARE HEREBY NOTIFIED to file a response to the enclosed Answer
with New Matter of Defendants, Andrea L. Vajda and Janice R. Vajda, within twenty
(20) days of service hereof or a judgment may be entered against you.
Respectfully submitted,
NEALON & G R
By: V
James G. Nealon, III, Esquire
Attorney I.D. #46457
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
Date: May 4, 2004
BARBARA L. BAIR and ROLAND W
BAIR,
Plaintiffs,
V.
JANICE R. VAJDA and ANDREA L.
VAJDA,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 03-2289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANTS.
ANDREA L. VAJDA AND JANICE. R. VAJDA
1. Admitted, upon information and belief.
2. Admitted, upon information and belief.
3. Admitted.
4. Admitted.
5. Admitted.
6. It is admitted that Defendant, Andrea Vajda, was operating a 1996 Mazda
Protege, Pennsylvania license number DYZ6417, in a westbound direction on T-587,
Silver Spring Township, Cumberland County, Pennsylvania. It is denied that Janice
Vajda was a passenger in the motor vehicle. On the contrary, Brad Quarello was the
passenger.
7. Admitted.
8. Admitted.
9. Admitted.
10. It is admitted that Defendant Vajda pulled from the stop sign, while talking
to the passenger, failed to see the Plaintiff's vehicle and hit it. The remaining
averments contained in Plaintiff's Complaint are conclusions of law to which no
response is required.
11. - 14. Denied pursuant to Pa.R.C.P. 1029(e).
COUNTI
NEGLIGENCE
PLAINTIFF, BARBARA L. BAIR V DEFENDANT, ANDREA VAJDA
15. Paragraphs 1 through 14 above are incorporated herein by reference.
16.-17. Denied pursuant to Pa.R.C.P. 1029(e).
COUNT II
PLAINTIFF. BARBARA L. BAIR V DEFENDANT, JANICE R. VAJDA
18. The averments contained in Paragraphs 1 - 17 above are incorporated
herein by reference.
19.-20. Denied pursuant to Pa.R.C.P. 1029(e).
COUNT III
LOSS OF CONSORTIUM
PLAINTIFF. ROLAND W. BAIR V. DEFENDANT, ANDREA L. VAJDA
21. Paragraphs 1 - 20 above are incorporated herein and by reference.
22.-23. Denied pursuant to Pa.R.C.P. 1029(e).
COUNT IV
LOSS OF CONSORTIUM
PLAINTIFF. ROLAND W. BAIR V DEFEND ANIT, JANICE R. VAJDA
24. The averments contained in Paragraphs 1 - 23 above are incorporated
herein and by reference.
NEW MATTER
25. This Complaint fails to state a cause of action upon which relief can be
grated against Janice R. Vajda.
26. Any damages to which the Plaintiffs are entitled are to be reduced in
whole, or in part, in accordance with the Pennsylvania Motor Vehicle Financial
Responsibility Act, 75 Pa. C.S.A. Section 1701 at seq.
27. The claim of Plaintiff, Roland W. Bair, for Motion to Stress Damages is not
a recognized cause of action in Pennsylvania.
WHEREFORE, Defendant, Andrea L. Vajda and Janice R. Vajda, urge
this Honorable Court to enter judgment in their favor.
Respectfully submitted,
NEALON & GOVT p
By:
Date:
James G. lVealon, III, Esquire
I.D. #: 46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
CERTIFICATE OF SERVICE
AND NOW, this 4th day of May, 2004, 1 hereby certify that I have served the
foregoing INTERROGATORIES on the following by depositing a true and correct copy
of same in the United States mail, postage prepaid, addressed to:
Luther E. Milspaw, Jr., Esquire
130 State Street, P.O. Box 946
Harrisburg, PA 17108-0946
71T4-
James G. Nealon, III, Esquire
VERIFICATION
I, ANDREA L. VAJDA, verify that the statements made in the foregoing
ANSWER WITH NEW MATTER are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to
unsworn falsification to authorities.
Date: ---
ANDREA L. VAJDA
VERIFICATION
I, JANICE R. VAJDA, verify that the statements made in the foregoing ANSWER
WITH NEW MATTER are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
Date:-
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LUTHER E. MILSPAW, JR., ESQUIRE
Attorney II1# PA 19226
130 State Street P.O. l Box 94946
6
Harrisburg,
Attorney for Plaintiffs
BARBARA L. BAIR and
ROLAND W. BAIR, Plaintiffs
V.
ANDREA L. VAJDA and
JANICE R. VAJDA, Defendants
COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 03-2289 -CV-2003-CV
CIVIL - IN LAW
JURY TRIAL DEMANDED
AND NOW this 18°i day of May, 2004, come plaintiffs by their attorney Luther E.
Milspaw, Jr., Esquire, and reply to the New Matter of Defendants, as follows:
25 - 27. Denied. The allegations of paragraphs 25 through 27 of the New Matter of
Defendants constitute legal conclusions to which no response its required. To the extent the
allegations in New Matter constitute factual conclusions or mixed conclusions of law and fact,
said allegations are denied.
s request that the New Matter of Defendants be dismissed.
WHEREFORE Plaintiff
Respectfully submitted,
May 19, 2004
Esquire
Attorney I.D. No. 1 226
130 State Street, P- V. Box 946
Harrisburg, PA 171V-0946
Attorney for Plaintiffs
BARBARA L. BAIR and
ROLAND W. BAIR,
Plaintiffs
V.
ANDREA L. VAJDA and
JANICE R. VAJDA,
Defendants
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 03-2289 -CV-2003-CV
CIVIL - IN LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that on May 19 , 2004, a true and correct. copy of Reply to New Matter
was served by regular mail upon the following:
May 19, 2004
James G. Nealon, III
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA. 17110
Attorneys for Defendants
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
-VS-
VAJDA
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
DATE: 07/22/2004
M on beh ofL?
G? L N, III, ESc
ttorney or DEFENDANT
DE11-506139 5 7 8 2 2- L 0 1
C O M M O N W E A L T H OP P E N N S'Y L VANS A
COUNT "Y OP C UM S E R LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
BAIR
-VS-
VAJDA
)F INTENT TO
FOR
TERM,
CASE NO: 03-2289-CV-2003-CV
MA TO PRODUCE
MARGARET Y. GROFF, M.D_
ORTHO SURGEONS OF CENTRAL
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S_ ZIMMERMAN, M.D.
MEDICAL RECORDS
PA MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
) RLfLE 4009.21
TO: LUTHER E. MILSPAN, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 57822-C!03-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
vs.
VAJDA
File No. 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for MARGARET Y. GROFF. M.D.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.- 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON, III, ESO.
ADDRESS: 2411 N. FRONT STREET
HARRISBURG. PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
,!!1!- 2 2 2004
Date:
y?e
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civi ivision
Dep
57822-01
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MARGARET Y. GROFF, M.D.
310 NORTH SALEM CHURCH RD
MECHANICSBURG, PA 17050
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians,, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: I1-18-1954
SU10-511732 5 7 6 2 2- 1, 0 1
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
_VS_
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on :behalf of
DATE: 07/22/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-506140 57822-L 02
C O M M O NW E A L T H OP
C O UN T Y OP
IN THE MATTER OF:
BAIR
-VS-
VAJDA
TO
MARGARET Y. GROFF, M.D.
ORTHO SURGEONS OF CENTRAL PA
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
TO
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
DOC TENTS
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. -.03-311
Any questions regarding this matter, contact
P E NN S Y L VAN 2 A
C UMBER LAN D
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 5 7 8 2 2- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
VAJDA
vs.
File No. 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for ORTHO SURGEONS OF CE.NTR4L PA
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON, III, ESQ.
ADDRESS: 2411 N. FRONT STREET
HARRISBURG. PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
JUL 2 2 2004
Date: ?ZO dZCfhY
Seal of the Court
BY THE COURT:
AV / ..P .
Prothonotary/Clerk, Civi Division
Deputw/
57822-02
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ORTHO SURGEONS OF CENTRAL PA
99 NOVEMBER DRIVE
CAMP HILL, PA 17011
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDE RECORDS FROM ROBERT MAUER, M.D.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security f{: 181-38-5253
Date of Birth: 11-18-1954
SU10-511734 57822-L 02
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS -
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on :behalf of
DATE: 07/22/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-506141 57822-T,03
C O M M O N W E A L T H or P E NN S Y L VAN = A
COUNTY OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
BAIR
-VS-
VAJDA
TO
MARGARET Y. GROFF, M.D.
ORTHO SURGEONS OF CENTRAL PA
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
TERM,
CASE NO: 03-2289-CV-2003-CV
TO PRODUCE DOCUMENTS A
TA RITF R 4009.21
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 57822-C:!03-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
vs.
V AJDA
File No. 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for CARLISLE HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Croup Inc 1601 Market Street. Suite 800. Philadelphia, PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON, III, ESO.
ADDRESS: 2411 N FRONT STREET
HARRISBURG PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
,1 L 2 2 2004
Date:
av
Seal of the Court
BY THE COURT:
Js/ LA -5
Prothonotary/Clerk, Civil Division
Deputy
?
57822-03
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL
246 PARKER STREET
CARLISLE, PA 17013
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDE RECORDS FROM EMERGENCY ROOM
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history =physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security 1{: 181-38-5253
Date of Birth: 11-18-1954
£IU10-511736 57822-L 03
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS -
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 07/22/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-506142 5 7 8 2 2- L 0 4
C O M M O N W E AL T H
COUNTY
IN THE MATTER OF:
BAIR
-VS-
VAJDA
TO
MARGARET Y. GROFF, M.D.
ORTHO SURGEONS OF CENTRAL
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S_ ZIMMERMAN, M.D.
TO
MEDICAL RECORDS
PA MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
Any questions regarding this matter, contact
or P E NN S Y L VAN 2 A
Or C U M B E R L AN D
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 5 7 8 2 2- C O 3-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
VAJDA
vs.
File No. 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HAND THERAPY ASSOCIATION
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group Inc 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON. III. ESQ.
ADDRESS: 2411 N FRONT STREET
HARRISBURG. PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
J U L 2 2 2004
Date: 3D, y'
Seal of the Court
BY THE COURT:
?Sf 4 -
Prothonotary/Clerk, Civil tvision
Deputy G?
57822-04
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HAND THERAPY ASSOCIATION
99 NOVEMBER DRIVE
CAMP HILL, PA 17011
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDE RECORDFS FROM DONINE SHAFFER, OTR/L
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians., files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-511738 57822-1,04
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS-
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 07/22/2004- JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-506143 5 7 8 2 2- L 0 5
C O M M O N W E A L T H OP
COUNT Y OP
IN THE MATTER OF:
BAIR
-VS-
VAJDA
TO
MARGARET Y. GROFF, M.D.
ORTHO SURGEONS OF CENTRAL PA
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
I:lZl17
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
Any questions regarding this matter, contact
P E NN S y L VAN T A
C U M S E R L AN D
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 57822-C01-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
File No. 03-2289-CV-2003-CV
VS.
VAJDA
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc- 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON. III. ESQ.
ADDRESS: 2411 N. FRONT STREET
HARRISBURG. PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk, Civi ivision
! U ?1_ 2 2 2004 ??,
Deputy
Date: ? 3D o7dEay
Seal of the Court
57822-05
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
503 NORTH 21ST STREET
CAMP HILL, PA 17011
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic, form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject: BARBARA L. BAIR
77 BEECHCLHT DR., CARLISLE, PA 17013
Social Security fit: 181-38-5253
Date of Birth: 11-18-1954
SU10-511740 5 7 8 2 2- L O 5
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
_VS_
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 07/22/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-506144 5 7 8 2 2- 1, 0 6
C O M M O N W E A L T H or
COUNTY OF
IN THE MATTER OF:
BAIR
-VS-
VAJDA
NOTICE OF INTENT TO
MARGARET Y. GROFF, M_D.
ORTHO SURGEONS OF CENTRAL PA
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
TO
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
.21
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
Any questions regarding this matter, contact
P E NN S Y L VAN = A
CUMBER LAN D
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 57822-C:03-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
VAJDA
VS.
File No. 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for PRISM
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group Inc 1601 Market Street. Suite 800, Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON. III. ESO.
ADDRESS: 241 1 N. FRONT STREET
HARRIS TR PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
JUL 2 2 2004
Date: 30 dcf°
Seal of the Court
BY THE COURT:
/f/ Gle ? -
Prothonotary/Clerk, CiviPDivision
Depute
57822-06
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PRISM
175 LANCASTER BLVD.
P. O. BOX 2028
MECHANICSBURG, PA 17055
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDE RECORDS FROM DANIEL DEFALCIS, MD, FAAPMR
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLHT DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-511742 57822-L 06
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS-
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 07/22/2004 JAMES G.- NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-506145 5 7 8 2 2- L O 7
C O M M O N W E A L T H OF P E N N S Y L VAN 2 A
COUNTY OF C UM B E R:L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
BAIR
-VS-
VAJDA
OF INTENT
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
TERM,
CASE NO: 03-2289-CV-2003-CV
PRODUCE
MARGARET Y. GROFF, M_D.
ORTHO SURGEONS OF CENTRAL PA
CARLISLE HOSPITAL
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S_ ZIMMERMAN, M.D.
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ, intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/02/2004
MCS on behalf of
CC: JAMES G. NEALON, III, ESQ. - 03-311
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-271329 5 7 8 2 2- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
VS.
VAJDA
File No. 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for DAVID S. ZIMMERMAN. M.D.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Grouv Inc 1601 Market Street_ Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G. NEALON. III. ESO.
ADDRESS: 2411 N FRONT STREET
HARRISBURG. PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AL L 2 2 2004
Date: ?0Q?Y
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil tvision
Vie'
Dep
57822-07
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DAVID S. ZIMMERMAN, M.D.
6 MARKET PLAZA WAY
FAMILY INTERNAL MED
MECHANICSBURG, PA 17055
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLHT DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-511744 5 7 8 2 2- 1, 0 7
(? N
:- ni
a73
GJ
CI, xJ
-<
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
-VS-
VAJDA
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, :[II, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
DATE: 08/02/2004
MC8?ori beha f
l G L III, ES
torney for DEFENDANT
DE11-507930 5 7 8 2 2- L 0 8
C O MM O NW E AL T H OF PE NN E; Y L VAN 2 A
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
BAIR TERM,
-VS-
VAJDA
NOTICE OF INTENT TO
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
TO
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
CASE NO: 03-2289-CV-2003-CV
AND
TO: LUTHER E. MILSPAN, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 5 7 8 2 2- C O 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY.OF CUMBERLAND
BAIR
VS.
VAJDA
File No. _ 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for SILVERCREFK FAMILY PHYSICIANS
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS CIL= Inc 1601 Mffket Street Suite 800. Philadelphia. PA 15103 -
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: JAMES G NEALON. III. ESQ.
ADDRESS: 2411 N FRONT STREET
HAMSRi1RG PA 17101
TELEPHONE: (??15) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY E COURT:
)iVil
Prothonotarv/Cle r
AUG 0 2 7004
Deputy
Date: i ; G=
Seal of the Court
57822-08
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR
SILVERCREEK FAMILY PHYSICIANS
MARGARET Y. GROFF, M.D.
310 N. SALEM CHURCH
MECHANICSBURG, PA 17055
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: I1-18-1954
SU10-513288 S 7 8 2 2- L O 6
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS-
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 08/02/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-507931 5 7 8 2 2- L 0 9
C O M M O NW E AL T H OF
COUNTY OF
IN THE MATTER OF:
BAIR
-VS-
VAJDA
NOTICE OF INTENT
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER -
Any questions regarding this matter, contact
P E NN :3 Y L VAN 2 A
C U M B EI2LANI)
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 5 7 8 2 2- C O 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
vs.
VAJDA
File No. _ 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for ORTHOPAEDIC SURGEONS OF
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.. 1601 Marker Street- Suite 800. Philadelphia. PA I d 03
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: JAMES G. NEALON. III. ESO.
ADDRESS: 2411 N FRONT STREET
HARRISBURG PA 17101
TELEPHONE: f2151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG 0 2 7004
Date: j1A?
Seal of the Court
BY THE COURT:
ProthonotaryIClerk, ivi ivi
Deputy
57822-09
EXPLANATION OF REQUIRED ]RECORDS
TO: CUSTODIAN OF RECORDS FOR
ORTHOPAEDIC SURGEONS OF
CENTRAL PA LTD
99 NOVEMBER DRIVE
CAMP HILL, PA 17011
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-513290 57822-L 09
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS -
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 08/02/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-507932 57822-L 3-0
COMMONWEALTH Or P E NN 53Y L VAN = A
COUNTY OF C UM B E IZ LAN D
IN THE MATTER OF:
BAIR
-VS-
VAJDA
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
2
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER -
Any questions regarding this matter, contact
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 5 7 8 2 2- C O 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
vs.
VAJDA
File No. _ 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for CARLISLE HOSPITAL EMERGENCY RM
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group Inc 1601 M k t Street Suite 800, Philadelphia, PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G NEALON. III. ESQ.
ADDRESS: 2411 N FRONT STREET
HARRISBURG-PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG Q 2 Anne
Date: J?-
Seal of the Court
LVPULy
57822-10
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL EMERGENCY RM
246 PARKER ST.
CARLISLE, PA 17013
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-513292 57822-T,3-0
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS-
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 08/02/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-507933 57822-L 3-1
C O M M O NW E AL T H OF
COUNTY OF
IN THE MATTER OF:
BAIR
-VS-
VAJDA
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER
Any questions regarding this matter, contact
P E NN E3Y L VAN 2 A
CUMBBFtLAND
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 5 7 8 2 2- C O 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
vs.
VAJDA
File No. _ 03-2289-CL7-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HAND THERAPY ASSOCIATION
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Gwun. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G NEALON. III. ESO.
ADDRESS: 2411 N FRONT STREET
HARRISBURG PA 17101
TELEPHONE: rat 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk Civil Divis&
AUG Q 9 9nn4
Deputy
Date: L4 e,??
Seal of the Court
57822-I1
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HAND THERAPY ASSOCIATION
99 NOVEMBER DRIVE
CAMP HILL, PA 17011
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING RECORDS OF DONINE SHAFFER, OTR/L.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: I1-18-1954
SU10-513294 5 7 8 2 2- L 1-3-
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS -
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, :III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 08/02/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-507934 5 7 8 2 2- 1, 1 2
COMMONWEALTH OF P E NN E; Y L VAN T A
COUNT Y OF C UM B E FZ LAN D
IN THE MATTER OF:
BAIR
-VS-
VAJDA
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 57822-C02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
VS.
VAJDA
File No. _ 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group Inc 1601 Market Street Suite unn Philad lphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G NEALON. III. ESO.
ADDRESS: 2411 N FRONT STREET
HAMSRURG- PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG 0 2 2004
Date: c /! l o?Ol??f
Seal of the Court
BY Tj?E COURT:
Prothonotary/Clerk, Civi Div' i
Deputy
57822-12
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
503 NORTH 21ST STREET
CAMP HILL, PA 17011
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary :restrictions,
and all patient consent or refusal of treatment, procedures, test, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIPF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-513296 5 7 8 2 2- 1, 3-2
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
-VS -
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 08/02/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-507935 5 7 8 2 2- L 3_3
C O M M O N W E AL T H
COUNTY
IN THE MATTER OF:
BAIR
-VS-
VAJDA
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
A
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER
Any questions regarding this matter, contact
OF PENNS:YLVAN=A
OF CUMBEF;LAND
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 5 7 8 2 2- C O 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
File No. _ 03-2289-CV-2003-CV
VS.
VAJDA
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for PRISM
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Groun. Inc.. 1601 Market Street. Suite 800_ Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G NEALON. III. ESO.
ADDRESS: 2411 N FRONT STREET
HARRiSRi1R0 PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
OY2004'
Date: ??j V d' a?y
Seal of the Court
BY THE COURT:
_J1 . k--?4
Prothonotary/Clerk, Civil Divisi
D,
Deputy
57822-13
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PRISM
175 LANCASTER BLVD.
P. O. BOX 2028
MECHANICSBURG, PA 17055
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING RECORDS OF DANIEL C. DEFALCIS, M.D., FAAPMR
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security i/: 181-38-5253
Date of Birth: 11-18-1954
SU10-513298 5 7 8 2 2- L 1 3
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
BAIR
VAJDA
COURT OF COMMON PLEAS
TERM,
_VS_
CASE NO: 03-2289-CV-2003-CV
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JAMES G. NEALON, III, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party 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.
MCS on behalf of
DATE: 08/02/2004 JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
DE11-507936 5 7 822 -L 1 4
C O M M O NW EAL T H OF P E NN E; Y L VAN 2 A
COUNTY OF CUMBEF:.LAIVD
IN THE MATTER OF:
BAIR
-VS-
VAJDA
TO
SILVERCREER FAMILY PHYSICIANS
ORTHOPAEDIC SURGEONS OF
CARLISLE HOSPITAL EMERGENCY RM
HAND THERAPY ASSOCIATION
HOLY SPIRIT HOSPITAL
PRISM
DAVID S. ZIMMERMAN, M.D.
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
COURT OF COMMON PLEAS
TERM,
CASE NO: 03-2289-CV-2003-CV
TO: LUTHER E. MILSPAW, ESQUIRE, PLAINTIFF COUNSEL
MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 07/12/2004
CC: JAMES G. NEALON, III, ESQ. - 03-311
TIMOTHY SHAFFER
Any questions regarding this matter, contact
MCS on behalf of
JAMES G. NEALON, III, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-272325 5 7 8 2 2- C O 2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BAIR
VS.
V AJDA
File No. _ 03-2289-CV-2003-CV
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for DAVID S ZIMMERMAN. M.D.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Groun Inc 1601 Market Street Suite 800, Philadelphia. PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JAMES G NEALON III. ESO.
ADDRESS: 2411 N FRONT STREET
HARRISBURG PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
AUG 0 2 2004
Date:
Seal of the Court
BY TIj? COURT:
Pr?othhoJnnootary/Clerk, Civil Divis,24
Deputy
57822-14
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DAVID S. ZIMMERMAN, M.D.
6 MARKET PLAZA WAY
FAMILY INTERNAL MED
MECHANICSBURG, PA 17055
RE: 57822
BARBARA L. BAIR
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : BARBARA L. BAIR
77 BEECHCLIFF DR., CARLISLE, PA 17013
Social Security #: 181-38-5253
Date of Birth: 11-18-1954
SU10-513300 5 7 8 2 2- L 1 4
f'"'1 o O
Ty„
? -I? T
? n rn
-6y
'" Yr
BARBARA L. BAIR and : COURT OF COMMON PLEAS
ROLAND W. BAIR, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
DOCKET NO. 03-2289 -CV-2003-CV
v.
CIVIL - IN LAW
ANDREA L. VAJDA and
JANICE R. VAJDA, : JURY TRIAL DEMANDED
Defendants
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiffs, BARBARA L. BAIR and ROLAND W. BAIR, intend to proceed with the
above-captioned matter.
Respectfully sub itted,
PHE4R. IL PAW, r
Attorney ID No. 19226
130 State Street
P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
Attorney for Plaintiffs
Dated: October 31, 2007
Y '
BARBARA L. BAIR and
ROLAND W. BAIR,
Plaintiffs
V.
ANDREA L. VAJDA and
JANICE R. VAJDA,
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 03-2289 -CV-2003-CV
CIVIL - IN LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the above Statement of Intention to
Proceed upon all counsel/parties of record by depositing the same in the United States Mail, first
class, postage prepaid, at Harrisburg, Pennsylvania, on the 31' day of October, 2007, addressed
as follows:
Casey G. Shore, Esquire
Nealon, Gover, & Perry
2411 North Front Street
Harrisburg, PA 17110
Respec lly submitted,
a?
T L. EBRIGHT, Paralegal
La ffice of Luther E. Milspaw, Jr.
30 State Street
P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-3141
C'7 r`'
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