The URL can be used to link to this page

Home My WebLink About01-06221 ~'- Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ~NO. 01- (..);}\ ~ T.L--- BRYAN McCLOUD, vs. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : CIVIL ACTION - LAW : PERSONAL INJURY : JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter against the above-named Defendants. The Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., have the following addresses: JAMIE L. ALDINGER 209 North Front Street Summerdale, P A 17093 WILLIAM L. ALDINGER, SR. 23 Pine Ridge Circle Enola, P A 17025 Dated: October 30, 2001 LAW OFFICE OF BRUCE A. GROVE, JR. > Q,~ ~ By: ...t:::::i.~ = ~ ~ Bruce A. Grove, r. Supreme Court J.D. No. 15502 110 Lexington Road York, PA 17402 (717) 747-9351 Attorney for Plaintiff ~" -^ ~ t =,~ " l. ~ ~ .~ " _0: ,_ "","-,,',' c- -,,~, - -/.'~ "'.",-~ ..~-iin,;.' '-'_"",,'"'';;;,',,',<0,>,'_''"'""''' ">'->""''''''''='''''''.*J:n-'~'''lftf1''IiiI'''~ (0) 0 0 () C ., r :::- C> - fb ~ -oaJ ,..., :.~ '~~0 rl1fT'; ..-l ;"';-1 "7~' ...._c....- :"_"::1 '::) --7~' .. j ~i~'- c)- c; \" -<; ~c: M~.-, ...... ~\ " U:f5 -,"' ..... 2::C- ....i"~ .",., '8 ~C) ~~ beD \.l r ):>>c .~\ " , ::0 ~1 '-;; ::< t-' ,. =< (..) ~ I-s r -llMl!!@J'.v<t'l!l1*~!>-"1~,iJ:'~~;m,""~I~I1,~l'Wa'lj;-jI~~~.~, ii- Commonwealth of Pennsylvania County of Cumberland BRYAN McCLOUD, Plaintiff vs. JAMIE L. ALDINGER 209 North Front Street Summerdale, PA 17093 Court of Common Pleas No, __9.~~_~_d..:?:.L__~___~________ ~____ WILLIAM L. ALDINGER, SR. 23 Pine Ridge Circle Enola, PA 17025, In __Q!YJ_~_~~j[!Q~__~_~~_____________________ Defendants To _ _~ ~~~__To ,_ A~<! ~!l_g_~"_.?E.<!_!'J._~g.?E!._~ :__~!9-!:!!1i~E.!._~E.:. You are hereby notified that Bryan McCloud, -------------------~----------------------------_._----------------------------------------------- the Plain tiff, ha s commenced an action in Civil Law -------------------------------------------------------- against you which YOU are required to defend or a default judgment may be entered against you, (SEAL) October 30, 2001 Ilate ______________________________ ]]L___ .O----~-~-p~~~-:-------------- By __~--a--~--------------- Ileputy 'ii!,7""-"'," '''^, . ''',,''"' -- ~-'-'I ~ ~ <., .,~ . T ~ _ ,~ - ~ '^ ,.~~>~ O""'jranf~t~ , ~ , :......... Kl .....", :<: ~ '" '''' 0 ""'''1 H ~ 1.........11 0 ~ t'" I"'-J::r:;' n t'" H g; :............ t"'"I (tI H '" , III ~ l"'-J I-d ~ :> n r t'" :s: 1.J::'-:> 1-'-' H " '''' "' <: t'" n I I (JQ G) H :>> t'" >:\0 ......... rt 11 t'" t'" 0 ::; ,w "'-J 0 0 :>>t; ~ 8 o Iln .J::'- ~ <: :>> t'"H j '.........0 (tI n t;Z N ~. ..., H<;:l 0 H Z'" po '-< 0 <;:l~ H> "'''I Z ... '" 0 Cl ~po "I "' Cd '" '" l~ OIl ,.... '" ~ po '" ::<: - "'0 '" "' I , I rt I , "'0 I , H> , H> ~-~ ". ~,~~ e~-' 'U!fJl~~. ,.,~~~~~~~;j<l~ij-~;t~e';''-'<'",,--'il~t)~1;f''>:-+:'>:t!.~;m~~~W(jffi'Bjf4(>:"'Rf!;W""1ij;l~''f:;;O~:fii;''Pi~'Ht:' BRYAN McCLOUD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : NO. 01-6221 CIVIL TERM JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : CIVIL ACTION - LAW : PERSONAL INJURY : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Two Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ",,!, ~ ,;~ " , . --j---, ~ ,,~,,~, ' ='W'J ~- " "--' ~ ". ,~~" '"=" BRYAN McCLOUD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6221 CIVIL TERM JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : CIVIL ACTION - LAW : PERSONAL INJURY : JURY TRIAL DEMANDED NOTICE TO DEFEND AND NOW, comes the Plaintiff, BRYAN McCLOUD, by his attorney, Bruce A. Grove, Jr., and files the within Complaint in the above-captioned matter, respectfully representing as follows: 1. Plaintiff, BRYAN McCLOUD, is an adult individual residing at 612 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Jamie L. Aldinger, is an adult individual residing at 209 North Front Street, Summerdale, Cumberland County, Pennsylvania 17093. 3. Defendant, William L. Aldinger, Sr., is an adult individual residing at 23 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025. He is the father of Jamie L. Aldinger. On October 31,1999, at or about 4:04 a.m., and for some time prior thereto, Defendant, William L. Aldinger, Sf., was a co-owner with his daughter, a Defendant herein, of a 1999 Kia (Sophia) sedan automobile that on that day was being steered and operated by his daughter, with his express and implied consent and knowledge on Interstate 83, Swatara Township, Dauphin County, Pennsylvania. I "'''E,'!II1;~;''"jt~ ,,' ,"_~" ' ~-~." -. - 'IT ., .,.. -" . lli Defendant William L. Aldinger, Sr., in violation of his duties as prescribed by the Statutes of the Commonwealth of Pennsylvania, through the Defendant, Jamie L. Aldinger, his daughter, drove his automobile carelessly, heedlessly, and in willful and wanton disregard of the rights and safety of Plaintiff, as the subsequent paragraphs of this Complaint more fully set forth, which factual allegations are incorporated herein as if specifically set forth. FACTUAL BACKGROUND 4. Paragraphs I through 3 are incorporated herein by reference as if fully set forth. 5. On Sunday, October 31,1999, at approximately 4:04 a.m., Plaintiff, Bryan McCloud, was a passenger in a 1999 Kia (Sophia) sedan automobile operated by Defendant, Jamie L. Aldinger; on October 31, 1999, this vehicle bore Pennsylvania license number P A-BW13008. 6. Jamie L. Aldinger was proceeding North in the passing lane on Interstate 83, at a high rate of speed, and in Swatara Township, Dauphin County, Pennsylvania, when she lost control of her Kia automobile and spun in a clockwise direction, traveling across the right lane ofInterstate 83 and the Exit 26 "on" Ramp to Interstate 83 where the Kia impacted a cyclone fence located along the East berm ofInterstate 83. After the initial impact, the Defendants' Kia continued to spin in a clockwise direction before coming to final rest on the East berm ofInterstate 83. 7. The aforesaid collision caused the Plaintiff to be violently "thrown around" in the Kia, with his head and body violently colliding with the inside portions of the automobile in which he was a passenger, thereby resulting in the Plaintiff sustaining severe personal injuries and damages. 2 "...~ " ''0, ,~ :""7_' "H ;~_"~_"'__ _ ,_, _.' - ! ~ "f':'" , _,_"" ," , ,,~ ~ -. 8. This automobile collision occurred as a result of the negligence and recklessness of the Defendant, Jamie L. Aldinger, and was due in no manner to any act, or failure to act, on the part of Bryan McCloud. COUNT I 9. Paragraphs I through 8 are incorporated herein by reference as if fully set forth. 10. As a direct and proximate result of the aforesaid Kia automobile collision, Bryan McCloud suffered physical and personal injuries, as well as economic loss, and an impairment of earning capacity, all caused by the negligence, carelessness and recklessness of the Defendant, Jamie L. Aldinger, as set forth below: II. The negligence, carelessness and recklessness of the Defendant, Jamie L. Aldinger, consisted of the following: a. failing to properly operate and control her vehicle; b. exceeding the speed limit; c, operating her vehicle too fast for the conditions then and there existing, in violation of75 Pa. C.S. S 3361; d. failing to drive her vehicle at a speed enabling her to stop within the assured clear distance ahead in violation of75 Pa. C.S. S 3361; e. operating her vehicle with a careless and reckless disregard for the safety of others, Bryan McCloud in particular, in violation of75 Pa. C.S. S 3714; f. failing to notice the imminence of an accident and to take the necessary steps to avoid the same; and 3 ^'''~y", ~?" ,,' ". - ~~,-. ,,. '~':"~:'" ~, '1' '-' ,,~ <- ., g. failing to exercise due care under the circumstances. 12. As a direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Bryan McCloud suffered injuries of a severe, painful, serious and possibly permanent nature. These injuries include but are not limited to: a. cervical spine strain; b. lumbosacral strain and pain; c. severe neck pain and headaches; d. limited range of motion in the cervical thoracic, lumbosacral, sacroiliac and parascapular regions; e. severe muscle spasms; and f. numerous abrasions and contusions. 13. As a further direct and proximate result of the aforesaid negligent conduct of Defendant(s), Plaintiff Bryan McCloud has been obligated to receive and undergo medical and/or chiropractic attention, care and expenses for the injuries he has suffered and may be obligated to continue to do so for an indefinite time in the future. 14. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has suffered a loss of earnings and/or impairment of his earning capacity and power. 15. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has suffered medically determinable physical impairments which have prevented him from performing all the normal acts and duties which constitute his usual and customary daily activities. 4 -'-1's;j',z,J ", '<"',' ,t-~, <' -" "I , ,,-, 16. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 17. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Bryan McCloud, demands judgment jointly and severally against Defendant Jamie L. Aldinger, and Defendant, William L. Aldinger, Sr., in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.C.P. No. 1021( c), together with interest, costs of suit, and delay damages, if applicable, and all other damages as allowed by Pennsylvania law. Respectfully submitted, LAW OFFICE OF BRUCE A. GROVE, JR. Dated: December 21, 2001 ~." (t~ ~. Bruce A. Grove, Jr., Esquire I Attorney J.D. #15502 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff 5 ---T"",=_ "~'-'1~_-_'; .- + ;;--'~'~~ VERIFICATION I, BRYAN McCLOUD , verify that the statements made in this COMPLAINT 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. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: December 21, 2001 ~c/f7iLl ( x ) Plaintiff ( ) Defendant 'K"" "" ~ '",. ,,, '",___ ,_~< "," " . I"" ,.. ,,""~ ~r r ~ CERTIFICATE OF SERVICE I hereby certify that on this 21st day of December, 2001, a true and correct copy ofthe foregoing Complaint was served by means of the United States mail, first class, postage prepaid, upon the following person: David A. Mills, Esquire Stetler & Gribbin \38 East Market Street York,PA17405 Attorney for Defendants ~~7 --..r;:,... - ~ .. Bruce A. Grove, Jr., Esquire ) ",'I>$~-"--:?,--, ,-- ,'--'-~', ---, ",,~,~ - '-<~~I 1- - ' ~-I ~~~~!i;M""ili!~~iillo!Hlil;i~~~"W<HIlt:J~~~~~~;Jh~w@~,,~k ~> IIiJ s:-' .::::J ".-JJL-r:Jn~Jt"-'I~ ""'> , "~",'~~"'" "_=,""",.. ,"_,J <'/_~e~'ln,""w..,.,,,,_,,~ ,n~'~"'"~ '~"~ "" - _" _1,_~""",~_-"", .'. ~ ~,=. .-~ '"" ~lSliiMllf ,.- g Cl 0 -n "". 0 .__1 rlIR\ ,-., "< C'"') ~~~ll~ Z:D N Z';;. -:""9 ~:t S(~ (20 -0 ~~~ ~c :11,; ~g r::-? ~_. '::., ~ Ul )> (,.) ~ "~' '-. "" ~~~ / BRYAN MCCLOUD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6221 CIVIL CIVIL ACTION - LAW JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants IN RE: MOTION FOR SANCTIONS OF DEFENDANTS ORDER AND NOW, this It)"- day of December, 2002, a brief argument on the within motion for sanctions is set for Thursday, January 2, 2003, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, /Bruce Grove, Jr., Esquire For the Plaintiff :rlm /L~~ f'L R)\~ Jd.-)()-Oa II David Mills, Esquire For the Defendants ';"'"'in: """"""'\-"\',-r' "_',"-';' cn '," ",~'1. ,~ ~~ " p. ,<, , , , FiLED'"Cr=-FiCE r.'-' i..,i(- V"'~-'-'R'Y ':'I:_~,\'jU[}--\.J 02 DEe 10 PI"1' 3::le; ~ >" "" CUrVi8E.KAND COUNTY PENNSYLVANlr~ ,- ," ""'i".,~,~" ,~ " -, .. '. ,- '-,'~ .. ""'"-,"r,,., ,'.'"'_''"0' ".~' ~4;i~l1fl"'itj'""~~ Ck'rr'~"'u:~t]'~Jl';'\.~~lm'iffi_':,t~\tt;ew~-:-nllnij}r~~~~0;t"tJi~ _ ','~_ _, ~ N , _~~_.",_,,_~,r,~;')'@~1~;;~~0'~>~Wi~;<:"~~""iI!I'.ffi!!llilW~jf1~;ft~il-'f!W!~'\lf.f!l#liW'W~\~~~_~~~: ~"'~=''J '".~""~~.""'~~. "' " IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants CIVIL ACTION-LAW \------..-...... ORDER \ , \ \ AND NOW, this day of December 2002, upon the Motion of Defendant~r Sanctions, it is hereby ordered that judgment by default be entered against Plaintiff, Bryan McCloud, for failing to obey the Order of Court, dated October 30, 2002, which compelled Plaintiff to (I) answer Interrogatories 24, 40, 48, 49, 50, and 51, (2) supplement all answers that were verified on June 6, 2002 to Interrogatories served on November 19, 2001, (3) produce all documents requested on November 19, 2001, (4) sign Requests for Copies or Transcripts of Tax Forms No. 1040 in 1997, 1998, 1999, 2000, and 2001, and (5) sign the Authorizations for the Release of Medical Records from Pinnacle Health Systems/Polyclinic Hospital. The Prothonotary is directed to give written notice of the entry of this Order to each party's attorney of record or, if unrepresented, to each party. By the Court, Judge -"~J._ ",' ,'?1' '_"~ ""~__1-~.' ~- '-- ,"." "'<" 00_)"_ _", ^,- , I .' - ,.... ~" ~-~>,,'~""-" -~, ,,-, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CNIL TERM -vs- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants CNIL ACTION-LAW MOTION OF DEFENDANTS FOR SANCTIONS AND NOW, this 3'd day of December, 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who move this Honorable Court for an Order for Sanctions on the following grounds: 1. On October 30, 2001, Plaintiff commenced suit by Writ of Summons. 2. On Novernber 19,2001, Defendants served Interrogatories for answer by Plaintiff and Request for Production of Documents for inspection, examination and photocopying. 3. On May 17, 2002, Plaintiff served incomplete Answers to the Request for Production of Documents, 4. On June 7, 2002, Plaintiff served incomplete Answers to Interrogatories of Defendants, 5. On July 2, 2002, Defendants asked Plaintiff to sign Tax Authorizations for the release of information from the Internal Revenue Service. ,''-'}'h",,_ ~, , _ ' >;"cO '=, """: ~--,,,_,,e, ' 'n' ,_ d'_<~__, "_~,> ., . 0"_ ~,___ ~~ '_'1 ,- " - ~- ~" ,~, - ~ ,<, ~,. ," lIIII!!!'JI! (f" '<'M ~ '":' 6. On October 30, 2002, this Honorable Court issued an Order upon the Motion of Defendants for Order Compelling Discovery, dated September 17, 2002, which Order states: ORDER AND NOW, this 30th day of October 2002, upon the motion of defendants for order compelling discovery, it is hereby ordered that plaintiff, Bryan McCloud, answer interrogatories 24, 40, 48, 49,50, and 51, supplement all of the answers that were verified on June 6, 2002, to the interrogatories that were served on November 19, 2001, produce all documents requested on November 19, 2001 and sign Form 4506, Request for a Copy or Transcript of Tax Form for Tax Form Nos. 1040 in calendar years 1997, 1998, 1999, 2000, and 2001, and sign the authorizations for. the Release of Medical Records from Pinnacle Health Systems/Polyclinic Hospital. Failure to comply with this Order of Court within thirty (30) days of the date ofthis order will result in further sanctions upon Motion by Defendants. BY THE COURT, /sIKevin A. Hess Kevin A. Hess, J. 7. Plaintiff, Bryan McCloud, has failed to comply with the Order of court, failed to provide complete answers to Defendants' Interrogatories, and has failed to provide Defendants with signed Authorizations to allow Defendants to obtain copies of his Internal Revenue Service tax forms and medical records, 8. Answers to the interrogatories and authorizations for medical and tax documents are relevant to the issues to be tried in this matter, particularly Plaintiffs claims of personal injury and financial losses as a result of personal injury, namely, impairment of his earning capacity and loss of earnings. 9. Pennsylvania Rules of Civil Procedure allow the court to enter sanctions against a party that fails to serve answers and sufficient answers, see Pa. R.C.P. No. 4019(a)(I)(i), or fails to permit inspection of documents as requested, see Pa. RC.P. No. 4019(a)(I)(vii), or fails ~"'~7"""_~.'e,o_,~_....,,___,'o-,>'~"''''''''''~,> ", _"',~, ,:",?'~"',_ " .,. ~N' ,', - V' to make discovery or to obey an order of court respecting discovery, see Pa.RC.P. No. 40 I 9(a)(1 )(viii). 10. The court, when acting under subdivision (a) of Rule 4019, may make an order entering a judgment by default against the disobedient party, see Pa. RC.P. No. 4019(c)(3). WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., , respectfully request this Honorable Court to enter the sanction of judgment by default against the disobedient party, Plaintiff, Bryan McCloud, pursuant to Pa. RC.P. Nos. 4019 (a)(I) and (c)(3). Respectfully submitted, Dated:\....5 ~t>" .(~ 2..o0L BX' David ills, Esqu e Supreme Court No. 192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sf. 'c'oW;l;'l:Jl~_,_~ ~, ~,.g",r'_'",__'g~";~,, "" e,,_ ~, ,,' 1,,-' - ", ,''c'__'" ,""' "."~ ,~ c,. '" -, ,',"~~ " '_or , . ;:iff''''''''' . i CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing MOTION OF DEFENDANTS FOR SANCTIONS by first-class mail, postage prepaid on the following: Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 Dated:...3'c ~L:C..? ,u,,A ex ..2.0 0 L ',,;. ,~ ,-" ~" "; -.,j".'''', '.',,,--,,,,-<' ~ /,! -,"-,'" ,"' > -I~ "'~-C~-',,_ ~"""", , .~ ~,. - ,~ --, - . "~ ,~""" ,,,,,,'_ c ~JL '-l1 ,',' ,,_, ".",~",. ",^ _.,-.,," .';--1,; 1 ,,",,,'W'" - ;'d,';-:_/' .- ,:",",," ';~>'.nti;inf"W::ftrr"--j("t'~","~JfI_JtlT1IT~~')I~'~ "r;~C~'J-~1;'r o C- ;? t)C~ rnf~l 2:'J:.:J 21'-"- ~~ _?7~ <c ~E~) "C:,-j .......c- :2 =c! ":..:> '-.J C:J f\,) -C::) ""1 ,-) I U, '1::> :x o ''l '-1 '" ',., -TJ "') ,~ f> ~d 2-~ Onl 'i':' ~ -< ._J~c ""J7:",lIl!1~tO~Y~w,~~~~__" ",_ ,~~_" '.'>'~ ,"~"''' ,_ ,~;;_, ,,_~~,'_, .",lLijKT,.::~,JrlJ~ ~-"'... , ;to I . SHERIFF'S RETURN - REGULAR CASE NO: 2001-06221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLOUD BRYAN VS ALDINGER JAMIE L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ALDINGER WILLIAM L SR the DEFENDANT , at 1418:00 HOURS, on the 31st day of October ,2001 at 23 PINE RIDGE CIRCLE ENOLA, PA 17025 by handing to WILLIAM ALDINGER SR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 10.40 .00 10.00 .00 26.40 So Answers: ~~~ R. Thomas Kline 11/06/2001 BRUCE GROVE Sworn and Subscribed to before By: h' "'" me t lS /3~ day of 11.J~ oZoof A.D. Q-r;"-' t2. '7t,;I)h' ,0"1- r thonotary I / "')'1"'''-;JI,~~1!II ~ ,'~ ! ,~, . ~ - f'" ~~ . . I SHERIFF'S RETURN- REGULAR CASE NO: 2001-06221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLOUD BRYAN VS ALDINGER JAMIE L ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to 'law, says, the within WRIT OF SUMMONS was served upon ALDINGER JAMIE L the DEFENDANT , at 1800:00 HOURS, on the 5th day of November, 2001 at 209 FIRST ST SUMMERDALE, FA 17093 by handing to DIANE BROOKS, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.40 .00 10.00 .00 38.40 So Answers: :?'~~ R. Thomas Kline me this ..... /3 - day of 11/06/2001 BRUCE GROVE JR By: Q) / /l ~V~ Deputy Sheriff Sworn and Subscribed to before .~ 02&0; A.D. Q~". f2 kif.,", ~ r thonotary . "''''''''''~V ~ _,~ ~~ '; ,~,-~ , ~, ~- ~ , r " 'T'P' ~___ ?'Tllr-' ~"T'-"" ,... , II " IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., CIVIL ACTION-LAW Defendants PRAECIPE FOR THE ENTRY OF APPEARANCE TO THE PROTHONOTARY, Curtis R. Long: Please enter the appearance of Stetler & Gribbin as attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. Respectfully submitted, I" It /11x~oZoo( avid M Is, Esquire Supreme Court No. 37 138 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants Dated: -^"'.~., j. - '-,_,'Y' '->'''''',,'~M',< _"~.'~':_~ ,..,,'_~""_'_ ~"""",I~,,,,~,, _"-,-~.,"I - ~~" -- , , ~. . - '" - "--' <, , . -~ ,- , ..... c,l if CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certif'y that I served a true and correct copy of the foregoing PRAECIPE FOR THE ENTRY OF APPEARANCE by first-class mail, postage prepaid on the following: Bruce A. Grove, Jr., Esquire 100 Lexington Road York,PA 17402 16 ~~ IJJ8- rho I - David Mills, Esqui Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants Dated: " " D_ " , ._ ,. rJ,.'~ "R''-~'"_"''' "..""!!'= "_'" .. .,_ ~':r,,,,,,,,",,"~ ',,,,,,,,,,--el~ ,,<, _ _~" ,,,,, ~""<", .,- .,,~ ,<" "" < ,"___c_,,,_ c ""'~C _,' IlljII1 ;:!~'';- -" ".~"'~ .,-" .' fi"' '- U .,~ ~ , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY, Curtis R. Long: Please enter a rule upon Plaintiff, Bryan McCloud, on the instance of Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., to file a Complaint in the above case on twenty (20) days notice to Plaintiff or his counsel of record, or judgment of non pros seq. leg. Dated:<3'Cl,koc. d<O<!l1 ~r_ . _'''_':~" ,-",:,"~"';;'-''',,-,;r-~''':':~~'''' ~-i',' '~', "-" ' ---I David Is, EsquIre Supreme Court No.3 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants ",-" .-<-- f ,1l!!II!! :t~ , , I', -,.. .. , ~ CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE A COMPLAINT by first-class mail, postage prepaid on the following: Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 Dated: '-30~rtuJK 020". ,; - ". "w~ ~-:>r':',,-o ",-'i .-. ,,' ",~ :( '.~,' 1~P'''~__', ';~"~;::^'I ---.~ ..: ~C' i':"'- ". -, ,iII!lIII! , ';-1' _ ..__.,/10 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW RULE A Rule is entered upon you to file a Complaint in the above-captioned matter within twenty (20) days or judgment of non pros seq. leg. DateJ)p (> 4( ~OOI ~ '.'1, " ~ . _, _. ~. ."l~. ""'<'-'",,'" <-,~' ""'-',-~ '" ---'-=~',""-~' -~-".. lilll ~1;';~ .....,... - ' -, (") (".::J C) C n s:: Cl "0 eel ,." n, fTi ,;.-) ,- Z -n 7~ ~~~, ! (j) .f-;'m ; -< /, ~~ C,; C:, n , ~ Cl i..D , --,~ c: ~ z t''',J -"',--" =< ~J:~ r..) -. ~~ ,"",,,,,~~m-_"-~~.-__~:oi',." "','0: "JJl..}Jr,_U,;,__~--_:_ "';,~~" !",:;<...._~~~~~l~~~,~~~~ '''':'-.u r - Ii .~I - --It IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (I) 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 (20) 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, avid Mils, Esqui Attorney for Defenda Date: db 98: f.t4.13€Zb<bo I r'''' "., ,-, -,. -I :1 I ,.- I ... IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. Ifno objections are made, the subpoenas may be served. / Dated:cP? 4f'/&u.t30i' o&l6( Respectfully submitted, ER & GRIBBIN ;/ /f) David ills, Esquird,,- Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants By: "~~~,-~",-. ~ , ~~ <, T,-' ~ l', _ _3 '--- ,,; ,,~ , <" "" .<,_,,',_ __'e' ',___ --.,,~ ~l--'""' ..... CCtMJNWElILTH OF pENNSYLVANIA aJUNl'Y' OF CUMBERLAND Bryan McCloud, Plaintiff File No. 01-6221 v. Jamie L. Aldinger and William L. Ailldinger, Sr., Defendants SUBPOENA TO PROOlX::E DOCU1ENTS OR TH I Ni3S FOR Dl SCOVERY PURSUANT TO RULE 4009.22 TO: OneBeacon, 100 Corporate Center Dltive, PO Box 8851, Camp Hill, PA (Ncrne of Person or Entity) 17001-8851 Within twenty (20) days after service of this produce the following docunents or things: SEE ATI'ACHMENT TO SUBPOENA. subpoena, you are ordered by the court to at ..!,38 ~~~ Max:.ket street, York, PA 17401. (Address) You may de;iver or mail legible copies of the documerits or produce things requested by this subpoena, together' with the certificate of carpliance, to the party making this request at the address I ~~ted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. I f you fai 1 to ;..roduc.2 the docunents or things required by this subpo.;n3. within t"lenty (20) days after its service, the party serving this subpoena lI"ay seek a CO'Jrt order cx.rrPe llir:g you to CCITP ly with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLCIIII NG pERSON: NAI'E: David Mills, Esquire ADDRESS: 138 East Market street ~9~k, PA . 17401 TELEPH:lNE : 717 -854-9506 S\PREI"E ~T tOlt 37192 A TTORNEY FOR: Defendants BY THE ~T: Prothonotary/Clerk,Civi I Oivision DATE: seal of the Court Deputy (Eff. 7/97) "lA!!l1J"% r -, ~,' . ~ ,>,,~, ". II "" 'P-oj IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO, 01-6221 CIVIL TERM -vs- Jamie 1. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: OneBeacon (formerly General Accident and CGU) 100 Corporate Center Drive PO Box 8851 CampHill,PA 17001-8851 ATTENTION: DENISE MONTGOMERY Within twenty (20) days after service of the this subpoena, produce the following documents or things: I. ANY and ALl, papers, notes, correspondence, bills, payments, and other documents, including statements, log notes, medical records, reports and bills and all other papers and documents comprising the complete claims file, subrogation file, and investigation file regarding the injuries to the following Claimant: Address: Brian McCloud a/k/a Andre James Bellany alk/a Andre James Bellamy 612 Magaro Road Enola, P A 17025 and/or 2711 Reel Street Harrisburg, P A 1711 0 October 8, 1978 209-58-8238 and/or 173-52-2985 PIP 93686225 AC Name: Date of Birth: Social Security No.: Claim No.: as well as ,.,-",,,,,~ ~'1_~,-',-- '-~"":'f"!'I',--~" , , "1" " , .' ~ _ _llJ "" " ..-", 2, to ~ and ALL color photographs, Polaroid snapshots, and negatives for the photographs, of damage to the vehicle of the Claimant, more particularly described as follows: Vehicle Identification Number: Plate Number: Vehicle Make and Model: Date of Incident: 53398556 Pennsylvania BWB008 1999 Kia Sephia October 31, 1999 as well as 3. ANY and ALL color photographs, Polaroid snapshots, and negatives for the photographs, of the vehicle registered to William Aldinger and allegedly driven by Jamie L. Aldinger. """f'~ r ' - ~ , <~ ~, ~~ oc_~ ",_.1-., ~t ,Uflll.,JTI "" ""I ',,,",",,"'" He'" ," '" '""Hli'lD In . JIi I T~l[n'liW'i'nr'IF"i'I\r ..."\ 0 co ,-, c '-} -n '" CJ -off} ,., [l1rn Z:t; c-, ", ZT r....) (/~=: --.J ~;~~~; -..~';: ~C) -0 Pc:" :-..:: ;?i~ z ' >=0 ~ ol'n C ~ ~ N> '"" 5J (..:> -< j-(" '-=J ~ 0'. ,.lW]lllf,'~~"'~'-~~~~fo!t~'ii\~'{;i:':'tf';,!;" -"7;,,~_, '-"+;'')'' c",>c~ ",:,,~,-"",pi'?~!;i-1'~"'li'R~~,!i.~\f;_:4;j~'f;~,n\:._~'-;;':;!ft~lg~iIl~",gml'\'!~"'ft,I~"l~';' :,%~'~-i"~C~"'""~l "-;,'- ,- < IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (I) 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 (20) 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, avid Mills, Esquir Attorney for Defend Date: C(;(9~~~c), -~):r,r" '''i.-;. ,!>',...o:, ",,",.N_" ".c",_"_,,,-o_,~ ._"~_'.", _ ,,_._~' ,t:<;~ ' ~" I~ -" "y,,', -""",'" '-,," -, ~ ~,~~.- ~ I~ il 'r! IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V AN\A Bryan McCloud, Plaintiff NO, 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RIJLE 4009.2] Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. Ifno objections are made, the subpoenas may be served. Respectfully submitted, / Dated:d(?d r( Utc{jo( o?bo ( d /lA I . By:. . ill ; David Mills, Esquir~ Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants . <,"f" I" 1"_1.--,7 r; , 1 . ,~ ,~ ,I :11;-" ^' ,~''', " ~, = ~_.'" <XM1JNWEI\LTH OF pENNSYLVANIA CXlCMI'Y OF QJMBERLllND Bryan McCloud, Plaintiff Fi Ie No. 01-6221 v. Jamie L. Aldinger and William L. AiEdinger, Sr., Defendants SUBPOENA TO PRCXXX::E DOCl..J'oEI-ITS OR TH 1 NGS FOR DISCOVERY ~SUANT TO RULE 4009.22 TO: , R O'Bum MPI', 2601 North 3rd street Pinnacle Health @Polyclinic Hospital, Conna. , (Ncme of Person or Ent i ty) Harrisburg, PA 1711 U Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATl'ACHMENT TO SUBPOENA. at .2.38 E~st Market street, York, FA 17401. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together' with the certificate of carpliance, to .the party making this request at the address l~"ted above. You have the right to seek in advance the reasonablE' cost of preparing the COpies or producing the things sought. I f you fai 1 to produC'.a the docunents or things required by this sUbpo.-:>na within t"lenty ( 20) clays after its serv ice, the party serv i ng th i s subpoena IT'ay seek a CO'~rt order- cc.ni>ell ir:g you to carply with it. T1-l1 S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLON I NG PERSON: NAI'E: David Mills, Esquire ADDRESS: 1 38 East Market Street ~~~k, PA . 17401 rELEPH:lNE: 717-854-9506 SlJ'REI'E cx::ulT to II 37192 A TIORNEY FOR: Defendants BY THE COJRT: Prothonotary/Clerk.Civi 1 Division DATE: seal of the Court Deputy (Eff. 1/97) ',0'.''''''''''''_ . " F - -", ~', - 1', , . , . II I' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW ATTACHMENTTOSlffiPOENA To: Pinnacle Health @Polyclinic Hospital Corina R. O'Bum, MPT 260 I North 3 rd Street Harrisburg,PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and A.I.J. medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRl scans, MRl reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany a!k/a Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, P A 1711 0 Date of Birth: October 8, 1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. ,""~-:<j~~)V -'?" - . -- ,,~ ~ j"- <-, -" -, ^ ,,_ ,[l!! " '" 'I' c,""""'",,c """ "''''''lfiH I 1IIilJIli'ar!lrn'rq"",,:"""'rif",' . . 0 0 ~. v C -n S ::::> ___I -OW I"TJ -'1 111:['1"! C') :t~ ~l; Z::L N 1Q~:; .-J l ,-, ',:( ~O -0 ::,,--:;,,::-d ~. ~8 --'" ':-:;~ C) 1;-; r-.' I" ):>>c ,-, .-.-{ 2' N ~ =2 (...) t:s eI/- Jl'$~,"_ 11!!l!\!IIII" ,_IL _' "~"',~"lM" ~,,"', ....,.".' WJt!f1'i!~~!I,!/,\'mliWil!W!fi~~~"",. '<r'~~;{!I~1J!FU~J':%I!ij*M;'~'~fi~'"'r-;W<" ' t't:_-' "~~ T , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire 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 (20) 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~ \.9rr~~od:lol ~:r"T . r"" , ~ 'I , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to ilie ones iliat are attached to this notice. You have twenty (20) days from ilie date listed below in which to file of record and serve upon the undersigned an objection to ilie subpoenas. Ifno objections are made, ilie subpoenas may be served. Respectfully submitted, / _00 fi 1",-" /2/"0 n Dated:LX r /(/ofl u"'-/Ju( o<.lJo( \ By: / /li ^ David Mills, Esquir~,--- Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants ",C'ffir;i,]'lr _, '" I 'C:"_" ,. "" , III! fil.=' ~,~~', -, ,"~.. -I '/ - CXM-ONWEI\LTH OF pENNSYLVANIA <XXJNl'Y OF CUMBERlAND Bryan McCloud, Plaintiff File No. 01-6221 v. Jamie L. Aldinger and William L. Ailldinger, Sr., Defendants SUBPOENA TO PROOl.I::E DXl..MENTS OR n; J NGS FOR D I SCX>VERY PURSUANT TO RULE 4009. 22 TO: IJonna Testa, MD, Penn state Geisinger, 845 Fishburn Road, (Name of Person or Ent i ty) Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follCM'ing doa.rnents or things: SEE A'ITACEMENT TO SUBPOENA. at 2.38 ~st MaJ:ket Street, York, PA 17401. (Address) You may de;iver or mail legible copies of the documents or produce things requested by this subpoena, together' with the certificate of carpliance, to the party making this request at the addrE'ss l~"ted above. You have the right to seek in advance the reasonablE' cost of preparing the copies or producing the things sought. I f you fai 1 to produc.e the docunents or things required by this subpo-:!lll3. within t"ienty (20) days after its service. the party serving this subpoer,a rT'ay seek a CO'.Irt order' <X.tl'i>elling you to COTPly with it. Tl-Il S SUBPOENA WAS I SSUED AT 11iE REQUEST OF "THE FOLLCHlI NG PERSON: i'-l.6l'E: David Mills, Esquire ADDRESS: 1 38 East Market Street ~~~k, PA . 17401 TELEPHONE: 717-854-9506 SUPREME CQURT ID ~ 37192 A ITORNEY FOR: Defendants BY THE cou:lT: Prothonotary/Clerk, Civi 1 Division. DATE: Seal of the Court Deputy (Eff. 7/97) ,~,~ ~,~ ,~"~" ,...~~. ",~ frzr ~-r' .-" ~ ~ ,; ; IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs. Jamie L. Aldinger and William L, Aldinger, Sr., Defendants CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: DOnna Testa, MD Penn State Geisinger 845 Fishburn Road Hershey, P A 17033 Within twenty (20) days after service of the this subpoena, produce the following documents or things: AriX and AlJ. medical records, including bills, notes of treatment, nurses' notes, admission and discharge sunnnaries, x.rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 Date of Birth: October 8, 1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. ',-,f;Wf~~ ~ ,- "~_,,~_,, _; 'T_ "_T~_ ," l' ~ , ". ~ - ,'II"'!9f'_~ " ~ -, - '" -~ --"'-'- '"'-, " ""~"h'r-""~""~ "~'" .~"'"' " ., hO'_ ., _"" IrllJ[JI[llllffllillt'~ ,- "I>'" 0 0 ,-~ v c: -n """ c::> --, ,.~ -0 tT) rq ;31 OJf'l ,) -,,1 Z-,_ N f--:< ZS; ._~ \~,.: Q;;;; ~'d ~~~ ~Cj -':0 "'. ~O -"--.. itJ~:~ >8 N z ~..) :;i ~ :J.J (,) -< ,~c BiI . '___ ~,];~~+'ill,~",~",_~~~-::Ii\~J\lm~~"t1i"',!;;f''!'4t''';"' "),0;',:"",;""'-' ,i"-;');;1i'il'WNiJ",o;jjij!!jif.'f@.;;~l~~"'~~(?l',!,jK"iil~'~~,~~ C'11:? I . . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire 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 (20) 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: db r;)[t:..8~d-..<vol David Mills, Esqui Attorney for Defendants - n IN TIIE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the snbpoenas. Ifno objections are made, the subpoenas may be served. Respectfully submitted, I Dated:cR?4 ,/( Uz6{f(. 0&10 ( STE \R & GRIB\ BIN ~ 1 \ I . By: 11.. David Mills, Esquir~,-- Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants -"'--'\""~,J,,, '''- ;,<---- ,~ - ~ ~'''-"-r- ~ -I' 1 . ., , - II! Bf~'~' ~-~ -, -~ - _/< , exM-ONWEALTH OF pENNSYLVANIA COUNIT OF CXJMBEmAND Bryan McCloud, Plaintiff Fi le No. 01-6221 v. Jamie L. Aldinger and William L. AIDdinger, Sr., Defendants SUBPOENA TO PRODU:::E DClCl..t'ENTS OR TH I NGS FOR DISCOVERY PlKlSUANT TO RULE 4009.22 TO: Michael Wiecks, MD, Capital Area Pain Management, 2447 North 3rd Stree~, Harrisburg, (Na-ne of Person or Ent ity) PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.ments or things: SEE ATl'ACHMENT TO SUBPOENA. at ,2,38 E~t MaJ::..ket street, York, PA 17401. (Address) You may de;iver or mail legible copies of the docunents or produce things requested by this subpoena, together' with the certificate of carpliance,tothe party making this request at the address l~"ted above. You have the right to seek in advance the reasonablE' cost of preparing the copies or producing the things sought. I f you fail to ;>roduC'.e the docunents or things required by this subpo.;n;l. within t"ienty (20) days after its service, the party serving this subpoena lPay seek a CO'Jrt order c:o-rj)e II ing YOt: to CClTP ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCIlYING PERSON: NA/'E: David Mills, Esquire ADDRESS: 138 East Market street ~~:I:'k, PA . 17401 TELEPHONE: 717-854-9506 SUPREME COURT ID # 37192 A ITORNEY FOR: Defendants BY THE CClU'lT: ProthonotarylClerk,Civi I Di~lision DATE: Seal of the Court DepUty (Eff. 1/97) ~~ -~--. ~ , , T ~L ,,/;, II . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: Michael Wiecks, MD Capital Area Pain Management 2447 North 3rd Street Harrisburg, PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud alk/a Andre James Bellany a!k/a Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 Date of Birth: October 8, 1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. ''':!-iilriil!\ L,,~ ,: ~.~~-. '", ',. ~ ~ , , ill ~ -'T,~ _ lIr\lIIM, "<~r lIr~T ' ITJ._ ~~ ^, ~" '.'~>.""''''-' '.;'. _, ' H~,-' "~,,-" ,,,",'''-~' ~ ., - ,J~M''''"''Y~rt{1:>~-r,~~ ,0 . ~ 0 a 0 c:: .-n :s;: r:::J ---1 -VC0 !Tl ~;l 72 rrifYl ;:"') Z:JJ "" Zt;~.. --,.,'---, -.l __0';'_,__ (f) C'._ , , ,L, -<L r:::Cj' ---1 .::r; -. ..0 ~J~; ~];! ~C .."". ......- u &,.0 N '-) ['1'\ 5>c:: -, 7 ''l'''T S! f" :iJ (.J -< ES elf m~RIiIt[~o. ~ ",",', ~~~-"WW~!i<I!'''''_~,_"ijl~,tii,,:,,,,"~,~, ~~Ifj~~!Ji!J~~:,71'-"i~'q,~,"'''';-~'' -".":1/' T IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (I) 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 (20) 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: dC' O"'CE...MJ3 f:1:. .&0 I - ,- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. I Dated:cR? 1/0 r(&<..f5(lc 0&61 ""'""'":&:::' ~@ It ~ . , [ By: ' David Mills, Esquire~ Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants ''nMIl'~fT[ ',', ,- " - '-- ~ --, " ,- - r- , .'- ,~" " ~- - , T II - cnMJNWEALTH OF pEllNSYLVANIA CXXJNl'Y OF a.JMBERLAND Bryan McCloud, Plaintiff Fi le No. 01-6221 v. Jamie L. Aldinger and William L. Ailidinger, Sr., Defendants SUBPC€NA TO PROOU:::E !X:Cl.J'ENTS OR TH I NGS FOR D I S<X>VERY PURSUANT TO RULE 4009.22 TO: Polyclinic Physical Therapy, 2601 North 3rd street, Harrisburg, (N<rre of Person or Ent i ty ) PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE A~ACHMENT TO SUBPOENA. at .23~~':lst Market Street~ York, PA 17401. (Address) You may de;iver or mail legible copies of the doctrnents or produce things requested by this subpOena, together' with the certificate of carpliance, to the party making this request at the address l~"ted above. You have the right to seek in advance the reasonablE' cost of preparing the copies or producing the things sought. I f you fai I to ~roduc..e the documents or things required by this subpo.3Il3. wit.hin t"V'enty (20) days after its servi:;e, the party serving this subpoena (my seek a CO'Jrt order o:.<rPellir:g you to ccrrply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLCW I NG PERSON: NAt-E: David Mills, Esquire ADDRESS: 138 East Market Street ~?:rk, PA 17401 TELEPHONE: 717-854-9506 SUPREME COURT ID # 37192 A ITORNEY FOR: Defendants BY 1liE OOJRT: Prothonotary/Clerk,Civi I Oi:"ision DATE: Seal of the Court Deputy (Eff. 7/97) ,-""i-$_,W , ,,- -,,- " -~! " ' ;'~)"-' -~'''-<~l'. ", ~,-,,~,- ;,,"~ :1 "6~ 'I ii IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO, 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: Polyclinic Physical Therapy 2601 North 3rd Street Harrisburg, P A 1711 0 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany alkla Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 Date of Birth: Ocwber 8,1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. ,- -"':'7' <,- c'~, '" _" ,,-,,_ :, ",:;- (, -- .. -=, -<--- -,,-, - --,,'q'''~'~ .,~ ~"H^ ,,,~ , __^~ ,,'-""'" "'~""",,"'-'-- '.' ^I"~",,"",,-- -,,;,;;,,~ ,~- :l"1'~~""'~ "'-'T'''''t-J "Tr ~T"-'-Y--~::~&_~.'-::~3" "LT" ''Iff! ^', .-,-:tb>t"ci{""-iH~" _ ~""^ .' ".. _~," ~""~"'__"'" ,,.,_,,,.,,_~_~,,._.,.._~-,:,,;;,,,JJPl-"~~<~~iil9~1W!~"'~~ -'. 0 C) 0 C ~Tl s:: CJ ""0(.0 r1 " mPi (") \--;-: z:r N 7'c. (? en ?~ -.J ~..L () ~C) W -1'1 ;...,.;;; :1J ~8 ::Jil: (~~~ :0;. r.,? c ~ ~ 1'0 5:J (..0 -< IS fJl-/ "--',_';;1" :'~~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (I) 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 (20) 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. vid Mills, Esqui Attorney for Defendants Date:C;;fC (9f'CE...M~( - .-- ~; ""'1!.;',,,.:S:?:,~1";';,,~ ;'!',;"-;""l,:--_ ,'"^ ';' ;'" ,. -'1'-, ',..., " ""1 ' >^-..,' ""'-':-- ~ ,~ 'il , or IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA I I Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas, If no objections are made, the subpoenas may be served. Respectfully submitted, / / Dated:d( flU r(&!./3fX ~c,( STE q,ER & GRIBBIN By1 /}' . David Mills, Esquir~ Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants -"",'-'l~iW;.o-'=_ _"_~,,, ~ - --,. , , -" 'M~~'_, _, ~, ~l'~"'~! ~TH OF PE1lNSYLV1\NIA <XX.JNl'Y OF aJMBCmAND -- BI:yan McCloud, Plaintiff Fi Ie No. 01-6221 v. Jamie L. Aldinger and William L. AiIldinger, Sr., Defendants SUBPOENA TO PRODUCE: oo::l.t'ENTS OR TH I OOS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Christopher Cannon, MD, Rehabilitation Medicine Team, (Na-ne of Person or Ent i ty) PC, 2645 North 3rd street, Suite 340, Harrisburg, PA 17110 within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following docunents or things: SEE A'I'l'ACHMEm'TO SUBPOENA. at 138 East Market Street, York, FA 17401. (Address) You may deiiver or mail legible copies of the documents or produce things requested by this subpoena. together' with the certificate of .ccsrpliance, to the party making this request at the address 1 ~Dted above. You have the right to seek in advance the reasonablE' cost of preparing the copies or producing the things sought. I f you fai 1 to ;:..roduc..e the docunents or things required by this subpo.:;>n'l within t"ienty (20) days after it.s service, the party serving this subpoena rray seek a CO'./rt order cx.ni>e Iii r:g you to carp I y with it. ll-ll S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLCIil I NG PERSON: NAI-E: David Mills, Esquire ADDRESS: 138 East Market Street 22~k, PA 17401 TELEPH:lNE: 717-854-9506 SUPREME COURT ID # 37192 ATTORNEY FOR: Defendants BY l1-E ~T: Prothonotary/Clerk, Civil Division DATE: Seal of the COUrt Deputy (Eff. 7/97) ~- ~ - ...,.,~ ----"-~',"'''',"'''-, , - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CML ACTION-LAW ATTACHMENT TO SUBPOENA To: Christopher Cannon, MD Rehabilitation Medicine Team, PC 2645 North 3rd Street, Suite 340 Harrisburg, PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: AJSY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge sununaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following: Name: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 Date of Birth: October 8, 1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. , . f- , I -.:;p-~ .", -'^ ~L_ ~r'"'tf _~" -...~-",ULJ8!l_n~,~,~~ ~. ~~ -.< -~ ~ "'-"" ,.~- , ,.,"'- _'-"_""^'o< ,U,. o'''~", "~--'~",."--~' ' '#Ii" ~ """-'''"''''''''~'"'''~'l''''''~''''''o--''''"-lO ,~ '",-"',"J' '''".rl'1ttjfflt'1~;'r;;'j'~1' ~~ ..', - 0 Q (' --,' c: '-:1 :s d ,:Jt::c ;-;1 mrn :;:-) Z::t:~ i".) Z~' ~~~ -oJ <-~ -0 )>~ -""" ' '."~ -;;rl,) !!=O ':"? -~-;-: ; \ , J>C ....",./ ~ Z "', ::;! .'.) 5:0. (",) -<. tS SlI' ~~~~i',,-'@L'f.\M"~l"~~!~,i"-"< "-"~';-,'-' "~?"I~"'011Zi',~~1.li;;f"r'Jfi1]''''l<ir8.'7W\;ffil'K''fl!$;~;;~I:J{-~li;;ff'ij)jj_~(\l~l~~.~_;' I " . I- I I . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO, 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (I) 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 (20) 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: dh (!)fXih<43B:.cRa::" avid Mills, E g,uire Attorney for De e ants .c ." - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO, 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. Ifno objections are made, the subpoenas may be served. Respectfully submitted, /' Dated:cR ? IIi r( {",(cr3 0( (..~6( STE q,ER & GRIBBIN 1 \ \ lit ~ 11/. David Mills, Esquird,--- Supreme Court No. 37192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants 'r:~~~__ ,"O""^,,~'''''l!';''!, ,.,-, -- I ,C'. ~ I ~TH OF pENNSYLVANIA COUNl'Y OF aJMBERIAND BJ:yan McCloud, Plaintiff Fi le No. 01-6221 v. Jamie L. Aldinger and William L. Ailldinger, Sr., Defendants SUBPCENA TO PROOUCE tlOCU'1EtITS OR irll NGS FOR DISCX>VERY PURSUANT TO RULE 4009.22 TO: Holy SPlbrit Hospital. 503 North 21st Street, Camp Hill, PI\. 17011 (Name of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doo..rnents or things: SEE ATl'ACHMENT 'ro SUBPOENA. at 2-38 ~st Market street~ York, PI\. 17401. (Address) You may de;iver or mail legible copies of the doct.rnents or produce things requested by this subpoena, together" with the certificate ofcarpliance, to the party making this request at the address] i.:::ted above. You have the right to seek in advance the reasonablE' cost of preparing the copies or producing the ,things sought. I f you fai 1 to produC'-9 the cloo..rrents or things required by this subpo.:ln'1 wit.hin t"lenty (20) days after it.s service, the party serving this subpoena rrey seek a CO'.Irt order- cx.ot>ell ir:g yO!.: to COJply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLOlI' I NG PERSON: NA/"E: David Mills, Esquire ADDRESS: 138 East Market Street ~?!k, PA 17401 fELEPHONE: 717-854-9506 SUPREME COURT ID # 37192 A lTORNEY FOR: Defendants BY THE COURT: ProthonOtarylClerk,Civi] Division DATE: Sea] of the Court Deputy (Eff. 7/97) .",,"='~ , ,~ -~-" , "'I~ , "--,.. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: Holy Spirit Hospital 503 North 21st Street Camp Hill, P A 17011 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, copies of x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 Date of Birth: October 8, 1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. -,_;~,j;-i4.~,\"", '~, 1__ _ 'f-~. T, ~,' -~T - ~,rJ~L rt~lftm ,- ~, ,,'"-~" ~ ~,. "'~" '''' - -,- '~-r,",="{" >Iii;:,r""~"'."'-'-'~-'-~~ ~-~-< " "" '-rT ~1l' l'-'''J='~--,'''~~' ,',;-;i',' , ........., (J 0 C) C "TI "'" CJ "'" ." -OeD :-,~., 01~ c") , :Tl Z,-", f'.) ',I, zs:~ --.i. :.;jC;'1 ~:j~ ,--:..~ ('~-J ~CJ :~2 ~o ~":".. ~:-:2 ?:;; 5>0 r>? Z~)r-'-i c: c'-1 Z ~" ~o =2 (..;> -< ~ ~H ]]Ijif'"",~,_~~~'~,,@""'1i!c0""',~;W"'-"'j";;;;;;;~'''';''/'':>_~4?:1J;~tw.~~~~~~~j~f>ii;"Y'-I'-';Pf;'-::ii:~i'if_U-'i'M~~ ~TI , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNStL VANIA I Bryan McCloud, Plaintiff -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants TO: Bryan McCloud c/o Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer of Defendants with New Matter within twenty (20) days from service hereof or a judgm may be entered against you. "-;fr~!'2T, - ""<'-"c","'-'(C" 0"'1"_"L,f'c':'_'_~0',,,,~,.,,~_,,,_<,,,,,_<,,,;--_'_,"!~""'[ .',* ,,_"~'~I """,,' ".. avid Mis, Esquir Supreme Court No.3 138 East Market Street P.O. Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants "'__~"___~"" ~.<,,'~>w .~. ."".0_ - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants CIVIL ACTION-LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 2nd day of January 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr" by their attorneys, Stetler & Gribbin, who answer the Complaint with New Matter and Counterclaim as follows: I. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 2, Admitted in part, Defendant, Jamie L. Aldinger, resides at 209 North Front Street, Summerdale, Pennsylvania, 17093. Denied in part. Defendant, Jamie L. Aldinger, was born on March 4, 1981. 3. Admitted in part. Defendant, William L. Aldinger, Sr., is an adult individual, residing at 23 Pine Ridge Circle, Enola, Pennsylvania, 17025. Denied in part, Defendant, William L. Aldinger, Sr., is the grandfather of Jamie L. Aldinger. The remainder of the averment is denied. 4. The answers to the allegations in paragraphs 1 through 3 are incorporated herein by reference thereto. I . 5. Admitted in part. On Sunday, October 31, 1999, Defendant, Jamie Aldinger, operated a 1999 Kia Sephia, registered in Pennsylvania to plate No. BWJ-3008, and was involved in an accident. The remainder ofthe averment is denied. 6. Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied. The allegation is a conclusion oflaw to which no answer is required. COUNT I 9. The answers to paragraphs I through 8 are incorporated herein by reference thereto. 10-17. Denied. WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sf., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, dismissing the Complaint with Prejudice. NEW MATTER 18, The allegations of fact contained in the answer are incorporated herein by reference thereto, 19. Defendant, Jamie Aldinger, was a minor on October 31, 1999 for the purpose of consuming alcoholic beverages. 20. Plaintiff, Bryan McCloud, was born on October 8, 1978. 2 :"'''^''" 21. On October 30, 1999, Plaintiff, Bryan McCloud, is believed to have been 21 years of age and an adult for the purposes of purchasing and consuming alcoholic beverages, 22, On October 30, 1999, Plaintiff, Bryan McCloud, was residing with Chuck McGuigen at 4225 Roth Lane, Apartment 115 in Mechanicsburg, Pennsylvania. 23. On October 30, 1999, Plaintiff, Bryan McCloud, furnished alcoholic beverages to Defendant, Jamie Aldinger, repeatedly at the aforesaid premises. 24. On the night of Saturday-Sunday, October 30-31, 1999, Chuck McGuigan warned Plaintiff, Bryan McCloud, and others not to leave the premises and not to drive. 25. On the night of Saturday-Sunday, October 30-31, 1999, Plaintiff, Bryan McCloud, heard Chuck McGuigen warn him against leaving the premises and driving because the driver, Defendant, Jamie Aldinger, and others had consumed alcoholic beverages. 26, If Plaintiff, Bryan McCloud, were an unidentified passenger of the 1999 Kia Sephia on the morning of Sunday, October 31,1999, he was seated behind the driver, Defendant, Jamie Aldinger, and interfered in her operation of the motor vehicle by tickling her and pulling her hair. 27. Plaintiff, Bryan McCloud, is believed to have been the passenger who was seated behind the driver, Defendant, Jamie Aldinger, who interfered with her operation of the motor vehicle by tickling her and pulling her hair. 28. Plaintiff, Bryan McCloud, is believed to have been a passenger of the motor vehicle and is believed to have lied to the investigating officer, Corporal Timothy J. Golletti, identifying himself not as Bryan McCloud, but as Andre James Bellamy, giving a false address of2711 Reel Street, Harrisburg, Pennsylvania, 17110 and lying about his age, which he reported to the investigating officer as 19 years of age. 3 : >;~^~~n?\m'~,_ ,I--y;,>"",""'-i"'~~~___'_"""" '..,,," _ C"Ij"_P "'';'''''~__~'''', .~^ <" -- -. -~ , - ,-< --' " 29. Plaintiff, Bryan McCloud, has never had a lawful job. 30, Plaintiff, Bryan McCloud, has suffered no loss of earnings. 31, Plaintiff, Bryan McCloud, has not had his earning capacity impaired, 32. The accident on Sunday, October 31, 1999, was caused by the actions of Plaintiff, , Bryan McCloud, who, as an adult, furnished alcohol to a minor, which is negligence per se, 33. The injuries, if any, that Plaintiff, Bryan McCloud, sustained ifhe were, in fact, a passenger of the motor vehicle, were risks that he assumed when he voluntarily and deliberately entered the vehicle after having been warned against leaving the premises and occupying a vehicle driven by someone who, in his presence and at his direction, consumed alcoholic beverages, 34. Plaintiff, Bryan McCloud, failed to mitigate his damages, WHEREFORE, Defendants, Jamie Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, disrnissing the Complaint with prejudice. COUNTERCLAIM 35. The allegations contained in paragraphs I through 34 of the Answer with New Matter are incorporated herein by reference thereto. 36. Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., sustained property damage to the automobile as a result of the negligence and recklessness of Plaintiff, Bryan McCloud. 37, Defendant, Jamie L. Aldinger, sustained losses estimated to be the sum of $10,746.28 in damage to the 1999 Kia Sephia as a result of the actions of Plaintiff, Bryan McCloud, 4 -'~ 'c,'o,,,",,<,,,'." - ""-,, <;>:'n-'- ,; WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sf., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, on the Counterclaim for an amount which is less than the applicable limits of arbitration. Respectfully submitted, Dated: By: David ills, Es uire Supreme Court No. 37192 138 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr, 5 f\~~ilml.)l., ,,'~ . _', ~~ VERIFICATION I, Jamie L. Aldinger, state upon personal knowledge or information that I believe to be true that the facts in the ANSWER WITH NEW MATTER AND COUNTERCLAIM, are true. I understand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. Dated: /-. (;; ~6a " ~~~ct~c5MJ r VERIFICATION I, William L. Aldinger, Sf., state upon personal knowledge or information that I believe to be true that the facts in the ANSWER WITH NEW MATTER AND COUNTERCLAIM, are true. I understand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec, 4904, relating to unsworn falsification to authorities, Dated: 1/7/(} J Jr.-YA-c:~ X ~ilI ~-LJ WILLIAM L. ALDINGER, S. / . '- "'f'._'~ ""'-_~~" '''>''~'<'''''''-~"''-'''''' ~~ ':1 iil , !;! :.1 i ::i !1 ::i ',i :t '~ ti= ---,}!iiI,,,,,,,,:,,,,,!,,,!_ CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM by first-class mail, postage prepaid on the following: Bruce A. Grove, Jr., Esquire 110 Lexington Road York,PA 17402 Dated: '.'?'"'-;-"""--,,-, ,,--,"" avid Mi s, Esq 're Supreme Court No. 7192 138 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants '1 '"",",'. " '""-,, ," "".,,,,.,,,,<,,'"'''' """,,, - ,. .~, ,,'.-' "__,p~,__lJ,,,q '~',,' \_h "0,'"'' ,,~' k'..'","'"'-,,, _;-;>-"":"~f';;.~"' ',~'----"--,tl,V" "G- H__-;:-e ""''''t'[r,(mlJi1n,...-lti~~->_;f'.>~-?it~t'-'(!''I~)~f~ (") c: ~"~ "1:1"- rr-,rl? ~'L;.~ t35~ ;::$..:::.'- <t---:::I 3Ec) )3; C) c: 2: =< so o fv c:; "'0 C) -Tl ,:,;.~.j ~-';;: ...,.... i r-~-:d :~;-::;P1 ~- '\ 1- ::,:rC) <;I~ ::~,t 3~;1 .~ ::""J -< )~ :z= "" .r..:'- ~ :J'E "__,,!y,,t,"t^~r_.,:~~t;!!il'Hm~i~~ffii"~~~.~~~~~~'~1fi'Jit{j:~~ " ~t''''-''<- , i , " , .II IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (I) 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 (20) 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, ,':J8lt""", ,; ,'-:'C. ~';'_"""__~ ''-,'''-,'_\',0>",'''' "-~'" , 11_" . IN THE COURT OF COI'vllvfON PLEAS, CUMBERLAND COUNTY, PE~ VANIA Bryan McCloud, Plaintiff' NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Respectfully submitted, D''"if'f'f OW By: . avid ills, Esq 'e Supreme Court No. 192 13 8 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants cq'!~n;F,llX1!, _;,,:,,_~~.,.' _,^',," _,"__, _''^ ,<0 I, 'I -r ~TH OF pENNSYLVANIA cotlNrY OF a:JMBERLI\ND - Bryan McCloud, Plaintiff File No. 01-6221 'if-""_ -:. v. Jamie L. lUdinger and William L. A1!!dinger, Sr., Defendants SUBPOENA TO PRQDl.X:E DCX:U1ENTS OR !HI N3S FOR DISCOVERY PUlSUANT TO RULE 4009.22 TO: i 1 Center , 700 6t. h St.reet. South, St. Pe~tersbur~, FL Bayfront Med ca . 33701 (Name of Person or Entity) Within twenty (20) days after service of this produce the following docurents or things: SEE 1lTrACHMENT TOSRBPOENA. .. subpoena, you are ordered by the =urt to ~;,., ,-. at 138 East Market street,. Y=k, PA 17401. (Address) You rray deliver or mail legible copies of the docurents or produce things requested by this subpoena, together with the certificate of carp liance , to.the party making this request at the addr/?,ss 1 i"'ted above. You have the right to seek in advan= the reasonablE' cost of preparing the =pies or producing the things sought. If you fail (20) days after cc.rrPell i r:g yo<.: to to ;.>roduC'..e the docunents or it" service, the party ccrrply with it. things required by this subpo.~3. within t"lenty serving this subpoena Il"aY seek a CO'.lrt order ll-ll S SUBPOENA WAS I $SUED AT THE REQUEST OF THE FOLLGW I f'o!3 PERSON: lW-E: ~ David Mills, Esquire ADDRESS: 138East Market Street ...!?JCk, PA 17401, TELEPf-KlNE: 717-854-9506 SUPREME COURT 10 ~ 37192 A TTORNEY FOR: Defendants r, l'"- - -,- ~ " ~ BY THE c::cu:IT: Prothonotary/Clerk. Civi 1 Divis"!"". - .,-~~, DATE: Sea 1 of the Court OepUty (Eft. 7/97) l"c- .. ~ "\ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CMLACTION-LAW ATTACHMENT TO SUBPOENA To: East Pennsboro Police Department 98 South Enola Drive Enola, P A 17025-2704 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Incident No.: Incident Date: 01-01-0487 August 22, 2001 The complete written report (both sides of all papers) of incident No. 01-01-0487 for an incident that occurred on August 22, 2001 at 1:56 a.m. involving Bryan McCloud who broke into the home of Jamie Aldinger, which incident was reported by Officer Michael Cotton. ~"-""",\14, ,.1 ~ " , " ~~ l' '~..., , . '- - ..'~" ~ ~ ~~",. ",~ "',,",".0' ,,"= "" ._,..".'"., o c: :;>- '"0(":;; m',' ;z~g:-! 2:5' ~:( <:.-~ c~, i::~ LI....; ..,.c' ):.'C z -:J -.. ii1rm ...........'" nor J .. -...... o j"'-..) () -1": 1:;'P> N U'J s~ --.' - 07 l.D C) 1;! :-.0 -< U1 er 8# J\"', ~i'ffiI\1'I!III~U;l\l...,.,.,~,~~ ' f'ffl'~~--II*~'l~t@nmJj.lIl ~JIJ,"<~ ,""!M_1:~~!!jfr'-';"f1"''''''''''''''/W1'''~i'l'''''''Tf~''''''-;)''-'H'O-- """"',""_..~"'f'f\i'';;''&;l#,;,;'';''-'--'''l!""c,i'';;'J',,<,.,:,c,,,,,~ '~"FI;''l''''$~'''~'F<O)7''~f,;1 ~, ,<" / ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA Bryan McCloud, Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sf., Defendants CIVIL ACTION-LAW 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, David Mills, Esquire certifies that: (\) 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 (20) 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: ~k/oL { avid Mil s, Esquire Attorney for Defendan -C-1"'!\l""', _" n'~, . - , -.' ~-- """ . " II Ii I ' :i.. !I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, . Plaintiff NO. 01-6221 CIVIL TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW . . NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TmNC'..s FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Dated: cr ~~,~ ! E'ThER & GRIBBIN '\ '\ Respectfully submitted, By: D Mi Is, Esquire upreme Court No. 37 138 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants "',"'m"~" r7"':'~~_.. '-.'l""-"''''-__~':'-' " .- r ,:' ~_ or '.1~~"W~ -.Iii ~-" ,~ -~ , ~TH OF pa!NSYLVANIA roJNrY' OF Q.JMBERI.lIlID Bryan McCloud, Plaintiff Fi Ie No. 01-6221 v. Jamie L. Aldinger and William L. Mdinger, Sr., Defendants SUBPOENA TO PROO..lCE DCX::l..J'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bayfront Medical Center, 700 6th Street'South, (Name of Person or Entity) St. Petersburg, FL 33701 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATl'ACBMENT TO SUBPOENA. at 2.38 ~st Market street, York, PA 17401. (Address) You may del iver or mai 1 legible copies of the docunents or produce things requested by this subpoena, together" with the certificate of carp liance , to the party making this request at the aqdress I iilted above. You have the right to seek in advance the reasonablE' cost of preparing the =pies or producing the things sought. I f you fai 1 to produc.e the docurents or things required by this subpo.:ln'l within t"lenty (20) days after it,; service, the party serving this subpoena way seek a CO'.Irt order c:c.rrj)ellir:g you to carpII' with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF 1l-iE FOLLOH I NG PERSON: NA/'E, David Mills r Esquire ADDRESS: 138 East Market street ~~l:rk, PA . 17401 TELEPHONE: 717-854-9506 SlPREI"E ccun 10;1 37192 ATTORNEY FOR: Defendants BY THE COURT, Prothonotary/Clerk,Civi 1 Division DATE: Seal of the Court Deputy (Eff. 7/97) \<""**\'111 ~ I ~1 (~ "T; ,._~ ~~ ., "u , ~'" IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA Bryan McCloud, Plaintiff NO. 01-6221 CML TERM -vs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CML ACTION-LAW ATTACHMENT TO SUBPOENA To: Bayfront Medical Center 700 6th Street South St. Petersburg, FL 33701 Within twenty (20) days after service of the this subpoena, produce the following documents or things: AlS:X and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, copies of x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Address: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, P A 17110 October 8, 1978 209-58-8238 Name: Date of Birth: Social Security No.: at all times, from birth to the present. --'+-,;$'~,~ To' - ~ T~- -- ~ "" >~ ',- ,'..""C,-'"-- C,"",^."~,, ". ""''''''''j'ijrllf'IT '.-j;;efi?'j1'~C:V";;'~'~:;f!':,j~ . ' plf/ TJ! , _v~.~, '< . ~ <_ ,.,:"~>!>,;,,, d_,~JJj,_~~, L~Ii!W!~~~~J,{i,!,JJ.~_rljjm:~~'l'!!--m~'iW.'~t",."",'r:f;~'.F'0;,'i'0!ijV~itk.'1'W!lt:l~~~J.if1~~~{?;~MI-:ii''i!~1!i,<,,~!",~1~W''I;Ml@'!~,~'' . BRYAN McCLOUD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6221 CIVIL TERM JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : CIVIL ACTION - LAW : PERSONAL INJURY : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, TO WIT, this 2151 day of May, 2002, comes the Plaintiff by his attorney Bruce A. Grove, Jr., and files this Reply to Defendants' New Matter and Answer to Defendants' Counterclaim: ReDlv to Defendants' New Matter 18. Paragraph 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. Denied. Plaintiff is presently without knowledge or information sufficient to form a belief with respect to the truth of this allegation and it is, therefore, denied. 20. Admitted. 21. Admitted. 22. Denied. On October 30, 1999, the Plaintiff was residing with his Mother at the -residence of Eugene Groce who resides at 612 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 23. Denied, It is specifically denied that Plaintiff on October 30,1999, furnished 1 ^~-"$:%-~, o _ ~o~~ ,., ~ ^ l~ I alcoholic beverages to Defendant, Jamie Aldinger, at the residence of Chuck McGuigan, as alleged. 24. Denied. It is specifically denied that on the night of October 30-31, 1999, Chuck McGuigan warned the Plaintiff and others not to leave the premises and not to drive. 25. Denied. The replies (answers) to the allegations in paragraphs 23 and 24 are incorporated herein by reference thereto. 26. and 27. Admitted in part and denied in part. It is admitted that Plaintiff was seated directly behind the driver of the 1999 Kia Sephia, namely Defendant, Jamie Aldinger. It is specifically denied that the Plaintiff, in any way whatsoever, interfered with the Defendant's operation of the rnotor vehicle - such as by tickling her and/or pulling her hair. 28, Admitted. 29. Denied. On October 31, 1999, the date of the instant automobile accident, the Plaintiff was gainfully employed by: RMH Telemarketing 415 Fallowfield Road Camp Hill, PA 17011 Telephone: (717) 730-6100 30. through 34. Denied. The allegations set forth in these paragraphs are conclusions of law to which no response if required. To the extent that they may be considered averments of fact, they are specifically denied; in this regard, the Plaintiff s replies (answers) to paragraphs 23 through 25 hereof are incorporated herein by reference thereto. WHEREFORE, the Plaintiff respectfully requests this Court to dismiss the Defendant's New Matter and enter Judgment in his favor and against the Defendants as demanded in the 2 """~'''''"''''''-il\,_""" e .~~~_ ,." _ _, ,c_..... - .,""''' Plaintiffs Complaint. Answer to Defendants' Counterclaim 35. Paragraphs I through 17 of the Plaintiffs Complaint and Paragraphs 18 through 34 of the Plaintiffs Reply to Defendants' New Matter are incorporated herein by reference as if set forth in full. 36, The allegation(s) of this Paragraph are conclusion(s) oflaw to which no response is required. To the extent that this/these allegation(s) may be considered averment(s) offact, they are specifically denied. 37. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer hereto, the Plaintiff specifically denies that the alleged damages to the 1999 Kia Sephia resulted from any actions on his part. WHEREFORE, Plaintiff, Bryan McCloud, demands judgment in his favor and against the Defendants, Jamie 1. Aldinger and William L. Aldinger, Sf., upon their Counterclaim and respectfully requests this Court to dismiss the Counterclaim of Defendants. Respectfully submitted, LAW OFFICE OF BRUCE A. GROVE, JR. Dated: May 21, 2002 ~ ~~~~ Bruce A. Grove, Jr., Esquire } Supreme Court No. 15502 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff 3 ';-;"'~<"'''~Jl!I!Il , ~ '-"-~' ~-"""",,,",' ~ ~=~ T" " - - , ~~~lf"l~ .L --. I ~~ -, ' J -.~",.~ .!o;;..;..:;, ~t1tifilli!t ~'; VERIFICATION I, BRYAN McCLOUD , verifY that the statements made in this REPLY TO NEW MATTER, & ANSWER TO COUNTERCLAIM 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. C.S. S 4904, relating to unsworn falsification to authorities. ~,' -ii,_" '1" ~CJ .fliJ Dated: May 21, 2002 ( x ) Plaintiff ( ) Defendant ,J. 10 ~ w ~"~ ~'" , LliI:1!iil1:'Mit1~JWY , ' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiffs Reply to Defendants' New Matter and Answer to Defendants' Counterclaim was served upon the following party by HAND DELIVERY and delivered to the following address: David A. Mills, Esquire Stetler & Gribbin 13 8 East Market Street York, PA 17405 Attorney for Defendants Dated: May 21, 2002 By ~.." ex ~I-J. ' Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff -" -. ' '""" ,,' ,~""', -"-.. -" ., ~,,;,' .0" U'~W'" BRYAN MCCLOUD, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-6221 CIVIL CIVIL ACTION - LAW JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants IN RE: MOTION TO COMPEL DISCOVERY ORDER "70'" AND NOW, this... day of October, 2002, upon the motion of defendants for order compelling discovery, it is hereby ordered that the plaintiff, Bryan McCloud, answer interrogatories 24, 40, 48, 49, 50 and 51, supplement all of the answers that were verified on June 6, 2002, to the interrogatories that were served on November 19, 2001, produce all documents requested on November 19, 2001, and sign Form 4506, Request for a Copy of Transcript of Tax Form for Tax Form Nos. 1040 in calendar years 1997, 1998, 1999,2000, and 2001, and sign the authorizations for the Release of Medical Records from Pinnacle Health Systems/PolycliEic Hospital. Failure to comply with this order of court within thirty (30) days of the date of this order will result in further sanctions upon motion by defendants. BY THE COURT, Bruce Grove, Jr., Esquire For the Plaintiff 4;1 David Mills, Esquire For the Defendants ~ ~ 1/-0'-1-02..- Q-.-. -~ .- ","'~" .. Cf Fi~_[J}"CfF'CE ;' ~,_w_ DTpJi'( /)11 ' Ie:>? 02 rlO\' -I.:. PH I: f 3 C' ;;,/".:;,;.,,' ,.:t,"'(,l J\JT" Ul, ....CI ,,_I', ,l) \.J'o..I'~ l J ( PE~JN'SYlVAN:i\ 4t J7__lKi ~)l!~!'_!I!11!.~~!'t!l'r'~"P;~~'I!L?'}WM:~~~~lt*tFjmj"'lmffim!/l>fl~~!~~ ,,,,,~~~,,-,,,,~,, "",-,", '" < .,", ", ,~- ,. ,,'I' , '''~ -.--"",,~<"M'~-'-" '~,t&'--"'.,,-,~;"~-";i;J;.f':'; "':.'^"---' - -. l'j~I " IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants CIVIL ACTION-LAW DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST PLAINTIFF. BRYAN McCLOUD AND NOW, this 23,d day of May 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sf., by their attorneys, Stetler & Gribbin, who file this Motion for Judgment on the Pleadings against Plaintiff, Bryan McCloud, and in support of which aver as follows: I. On October 30,2001, a Writ of Summons was issued against Defendants, Jamie L. Aldinger and William L. Aldinger, Sf. 2. On December 21, 2001, Plaintiff filed a Complaint against Defendants endorsed with Notice, alleging injuries as a result of a vehicle accident that occurred on October 31, 1999, 3. On January 24, 2002, Defendants filed an Answer with New Matter and Counterclaim endorsed with a Notice to Plead, denying negligence and averring, in a Counterclaim, that Plaintiff was negligent. 1 i@ " .-~ ~--, L '. ~, _ , _ _'_I - 'l; ,;; ,~:, r."J_"""'-'''' I,_,;-,~"",~i;'" "';'1""'''-,~:J < [ ""-~ till;: " 4. On April 22, 2002, Plaintiffs counsel notified Defendants' counsel that a Reply to New Matter would be filed no later than May 15, 2002. A true and correct copy of the letter, dated April 22, 2002, is attached as Exhibit A. 5. On May 13,2002, Plaintiffs counsel notified Defendants' counsel that a Reply to New Matter would be filed no later than May 17, 2002. A true and correct copy of the letter, dated May 13, 2002, is attached as Exhibit B. 6. By letter dated May 17, 2002, Plaintiffs counsel notified Defendants' counsel that a Reply to New Matter would be filed no later than May 21, 2002. A true and correct copy of the letter, dated May 17,2002, is attached as Exhibit C. 7. Plaintiff has failed to file a Reply to New Matter. 8. Pursuant to Pa. RC,P. No. 1029(b), factual avennents to which a responsive pleading is required are admitted when not denied specifically. 9. There is no genuine issue of fact in dispute. 10. Defendants pleaded that "Defendant, Jamie Aldinger, was a minor on October 31, 1999 for the purposes of consuming alcoholic beverages". Answer with New Matter and Counterclaim, par. 19. II. Defendants pleaded that "Plaintiff, Bryan McCloud, was born on October 8, 1978". Answer with New Matter and Counterclaim, par. 20. 12. Defendants pleaded that "On October 30, 1999, Plaintiff, Bryan McCloud, was residing with Chuck McGuigan at 4225 Roth Lane, Apartment 115 in Mechanicsburg, Pennsylvania." Answer with New Matter and Counterclaim, par. 22. 2 '~ - ^,". ~ " '.~'" "~ - , , , ',,}-I.;-- ,-';f' ;-i',,-O;:"";';';-'.k"_."~-'''+;_;'-'i,,"," ""<", '_~'i. C' ~! , 13. Defendants pleaded that "On October 30, 1999, Plaintiff, Bryan McCloud, furnished alcoholic beverages to Defendant, Jamie Aldinger, repeatedly at the aforesaid premises." Answer with New Matter and Counterclaim, par. 23. 14. Defendants pleaded that "On the night of Saturday-Sunday, October 30-31, 1999, Chuck McGuigan warned Plaintiff, Bryan McCloud, and others not to leave the premises and not to drive." Answer with New Matter and Counterclaim, par, 24. 15. Defendants pleaded that "On the night of Saturday-Sunday, October 30-31, 1999, Plaintiff, Bryan McCloud, heard Chuck McGuigan warn him against leaving the premises and driving because the driver Defendant, Jamie Aldinger, and others had consumed alcoholic beverages." Answer with New Matter and Counterclaim, par. 25. 16. Defendants pleaded that "Plaintiff, Bryan McCloud, is believed to have been the passenger who was seated behind the driver, Defendant, Jamie Aldinger, who interfered with her operation of a motor vehicle by tickling her and pulling her hair." Answer with New Matter and Counterclaim, par. 27. 17. Defendants pleaded that "Plaintiff, Bryan McCloud, is believed to have been a passenger of the motor vehicle and is believed to have lied to the investigating office, Corporal Timothy J. Golletti identifying himself not as Bryan McCloud but as Andre James Bellamy, giving a false address of 2711 Reel Street, Harrisburg, Pennsylvania, 17110 and lying about his age, which he reported to the investigating officer as 19 years of age." Answer with New Matter and Counterclaim, par. 28. 18. The Defendants pleaded that "The accident on Sunday, October 31, 1999, was caused by the actions of Plaintiff, Bryan McCloud, who as an adult, furnished alcohol to a minor." Answer with New Matter and Counterclaim, par. 32, 3 ~ ~ '~---,,-, ,,'~- . , ~~," :~." 'j ,,,' < '1"";0"'" -~- ; "-;';c ' i_~'i'N"~~8l.'!Im-~1 19. The Defendants prayed for relief that judgment be entered in their favor and Plaintiff s Complaint be dismissed with prejudice. 20. An adult who furnishes alcohol to a minor is negligent per se, WHEREFORE, Defendants, Jamie Aldinger and William L. Aldinger, Sf., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, dismissing the Complaint with prejudice. Respectfully submitted, Dated: Da . MIlls, Esqu e Supreme Court No. 192 13 8 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. 4 "',~ .1k1 'i fl ;, :1 ;j 'I =,"^ ~.." ,~- "', Q" 1~p;.,1 n I ~ f ,1.1 f~ 1 / I:" '- r" !-- . ~1 >:':T(\~IY ll: r~ '~: C~ ll\"\;:';-:I'::: _,-_, t-/--.! l\T'/ V ",'"-'.~ ,1-, \, ......., ,~-" I I PEN~\1SYL:J/,NU\ .. =c" ~ , ~~.~ ,~<<",..-'~~':~::-:"::~-": '_~ ,;,~,,,, ,-,-;,~~J~J~,::_",:~,~,,_:~\ ",~J!ll! ,---..,-, - '" .;, ":1_ , - '.~ ~ lli.)~~':':..~'il BRUCE A. GROVE, JR. ATTORNEY AT LAW 110 LEXINGTON ROAD' YORK, PA 17402 (717) 747-9351 . Fax (717) 747-5761 April 22, 2002 David Mills, Esquire Stetter & Gribbin 138 East Market Street P.O. Box 2588 York, PA 17405 RECEIVED STETLER & GRII'IBIN APR 2 j 2002 138 EAST MARIffiT STREET PoO, BOX 2588 YORK, PA 17405 RE: McCloud v. Aldin!!:er . Court of Common Pleas, Cumberland County, PA . Case No.: 01-6221 . Your 4/8/02 Letter (re) Interrogatories, Request for Documents and New Matter of the Defendants . Your File No.: 29-10401 Dear Mr. Mills: This shall confirm our telephone conversation of April 19, 2002 regarding the above- referenced matter(s). We verbally agreed on April 19, 2002 that the Plaintiff's Answers/Replies to the Defendants' Interrogatories and New Matter, as well as their Request(s) for Documents, shall be "in your hands" no later than Wednesday, May 15,2002; I thank you for your kindness in agreeing to this extension request. Should you have any questions or concerns in the interim, please contact me. V ery ~yy. ours'(l () ~'" (} .~~(L Bruce A. Grove, Jr. BAG/plk cc: Bryan McCloud (w/Enclosure - Mills 4/9/02 Subpoena Notice) (717) ~ . "?/f"l- 9?:S1 e>ru.co!! A, 6rovo!!. .Jr_ AttorYlo!!II at Law 110 lexington Road 'forte. PA 1740:2-4805 fY) , I '3 ~C:> t') 8.- ~ ~\}ffl~1iJ "/?;:. )) A-IJt.:!:::, 1YI1.L1S} RQ; bf . AF"~ "MlS1.C~ TO ~Pl~)~~ . M~J..&... ~ ~ ~)~9.. ~'- Mon. f)~~ ':. {k .cr" ~~>'C ~..: \. ~1;!!~~ ~,{dli:.~~~ IfJ.9-l)b8-~~ ~ . ~ .M~~~~~~~ba1~lV~' . . <I?\~) l'1i~0'OA(~~~ . \ ) ~ ~ - ~. ~ ,- -\>~ P~_.. ~ i~~~~~~~'.:;~ Clt'-, t'-. ,(>,~ \) ~<r'r~ ~"~.."-\ . ~-~ - ~.:C?~~ ... - "I. "-j '" ,.-"'" '-l ~- .k--,~ "--~-~I BRUCE A. GROVE, JR. AITORNEY AT LAW RECEIVBD . STErLER & GRIBBIN MAY i 7 2lJ02 " -. ',\' ._. ....... ~~ . !' -. 110 LEXING"JtjR.~mJ~lP,JP. . 5 (717) 747-9351 . Fax (717) 747-5761 . May 17,2002 [HAND DELIVERED] David Mills, Esquire Stetter & Gribbin 138 East Market Street P.O. Box 2588 York,PA 17405 RE: McCloudv. Aldinger(s) . Court of Common Pleas, Cumberland County, PA . Case No. 01-6221 . INTERROGATORIES FOR ANSWER BY PLAINTIFF . REQUEST OF DEFENDANTS FOR PRODUCTION OF DOCUMENTS FOR INSPECTION, EXAMINATION AND PHOTOCOPYING . REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTER CLAIM . Your File No. 29-10401 Dear Mr. Mills: By virtue of our telephone conversation on April 19, 2002, my letter to you dated April 22,2002, and my handwritten Note to you, hand-delivered by me to your office on May 13, 2002, I have been making certain promises to you as to when (on what date) you can expect to receive the Plaintiff's responses to the above-referenced Discovery requests of the Defendants. I have not been living up to these promises, to say the least! However, for "starters," enclosed is the Plaintiff's Answers to the Request For Production of Documents, etc. I do intend to very shortly supplement certain of these Answers; however, as per your subpoenaing of all of Mr. McCloud's medical service providers, which Subpoenas I have attached to the enclosed Answers, I must assume that you have all of the documented medical/personal injury information requested. I will certainly provide ASAP whatever else you might want. Finally, the Plaintiff's Reply to New Matter and Counterclaim of the Defendants will be HAND DELIVERED to your office on Tuesday morning, May 21 st and the Answers to Interrogatories will be similarly HAND DELIVERED on Friday, May 24th. , - ~- - - -. ,. ,I. L_ - 'wnft/~k"'.'i .' David Mills, Esquire Page 2 May 17,2002 Dave, thanks for your patience and, of course, should you take "umbrage" to this time- table please contact me. Thanks again for your anticipated cooperation. ~'~r\' Bruce A. Grove, Jr. BAG/plk Enclosure cc: Brian McCloud [BY HAND DELIVERY] t;;b -,-.-. - --"~,_i<"",___.__ L ,''':, .;;.1' h "d 'iG~'i;,;,;~~~,1-",:.."~j;\'-~11\-Jft~:~d!C";<,, ~_ ,_" - ;_",~" " CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST PLAINTIFF, BRYAN McCLOUD by first-class mail, postage prepaid on the following: Bruce A. Grove, Jr., Esquire 110 Lexington Road York,PA 17402 Dated: avid Mil ,Es U1 e Supreme Court No. 7192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorueys for Defendants t~~ri~L~ti~jitl&itwt"" .-~.' ~~ 2'~:;:';j'~-~"i:_l~~Uf'-- "" -~,'- ~ ~ . 'lUJ;.,~ 'J"-di "o~," Cr" .,'"_' -~ "~ M" l~_._ ,~~x I 0 (~ 0 C f',--, Ti '.- ":-1 "7) j"" ~ ~ Ili ,. e , 2: .. r,_,) ',. .::.:- ,,;i (/:; -~-' '...J' -- .".~ - -'"r' :l> :~ c; j..~ r:- ,-, ~~; " ~..:,--! -,. .- =1 jJ _J -' (,....\ -< -" ,"'-'- j " - =- '"' .~ 1- ~ ". I iIii-' . ~__~ JJlj.lf~- '-"r:'iJ),*n~"IDt:, " -"-" , " BRYAN McCLOUD, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6221 CIVIL TERM JAMIE 1. ALDINGER and WILLIAM 1. ALDINGER, SR., Defendants : CIVIL ACTION - LAW : PERSONAL INJURY : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS WITH NEW MATTER AND NOW, TO WIT, this 3,d day of June, 2002, comes the Plaintiff by his attorney, Bruce A. Grove, Jr., and files this Reply to the Defendants' Motion for Judgment on the Pleadings: ANSWER 1. through 6. Admitted. 7. Denied. On the contrary, and pursuant to Plaintiffs counsel's letter of May 17, 2002 to the Defendants' counsel, counsel for the Plaintiff, on May 21, 2002, mailed Plaintiff's Reply To New Matter and Answer to Counterclaim to the Prothonotary of Cumberland County. A true and correct copy of the undersigned counsel's May 2l, 2002 letter to the Prothonotary of Cumberland County is attached hereto as Exhibit" 1 " and, in addition, a "time-stamped" copy of the first page of the foregoing document, indicating the Prothonotary's formal filing of the document on May 22, 2001, is attached hereto as Exhibit "2". 8. Admitted - - - subject to the legal/procedural averments of the Plaintiff's counsel as specifically set forth in the New Matter set out herein and incorporated herein by reference thereto. 1 'IV- .~ c ~""I(~~" -<iI''',1- uiillu-'- '~~-~~ffi0",i ... 9. Denied. This paragraph is specifically denied as per the averments of the Plaintiffs Complaint and his subsequent Reply to the Defendants' New Matter and Answer to the Defendants' Counterclaim. 10. through 19. Admitted. 20, This allegation is a conclusion oflaw to which no response is required. To the extent that it may be considered an averment off act, it is specifically denied. WHEREFORE, Plaintiff, Bryan McCloud, requests this Court to dismiss the Defendants' Motion for Judgment on the Pleadings. NEW MATTER AND NOW, comes the Plaintiff, who respectfully sets forth by way of further and more specific reply/answer, the following affirmative defenses by way of New Matter to the Defendants' Motion for Judgment on the Pleadings. 21. Paragraphs I through 20 hereof are hereby incorporated by reference as if fully set forth herein. 22. The Plaintiffs Reply to Defendants' New Matter and Answer to Defendants' Counterclaim was formally entered (filed) by the Office of the Prothonotary for Cumberland County on May 22, 2002. [See Plaintiff's attached Exhibit "2"]. 23. Pa. R.C.P. No. 126 provides that the Court rules shall be liberally construed and that the court at every stage of any action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. 2 wi :.1 U."":"': ~ 1iIIil/' ;;jM~itJii:~,,;;r., . , 24. Pa. RC.P. No. 126 clearly pertains to the Defendants' Motion for Judgment on the Pleadings. SECOND DEFENSE 25. Paragraphs 1 through 24 hereof are hereby incorporated by reference as if fully set forth herein. 26. Pursuant to the provisions ofPa. R.C.P. No. 237.2, the parties may agree to extend the time to plead; however, if the required pleading is not timely filed, then the requirements ofPa. RC.P. No. 237.1 shall apply. 27. Pa. RC.P. No. 237.1(a)(4) provides that the ten (10) day notice to plead and certification required by Rule 237.1 cannot be waived. 28. Consequently, in the context of these particular rules, agreements to extend the time cannot waive the necessity of the Defendants giving the Plaintiff the required ten (10) day notice of their intent to enter/request a Judgment by default for the Plaintiff's failure to plead. 29. The Defendants never issued to the Plaintiff a Pa. R.C.P. No. 237.1 Praecipe Notice to Plead. 3 :t; - ~~._-~ .~ -. - - ~. '. '""'"~lli , , J . , ~~\','f,#;^-' . , WHEREFORE, Plaintiff, Bryan McCloud, requests this Court to dismiss the Defendants' Motion for Judgment on the Pleadings. Respectfully submitted, Dated: June 3, 2002 LAW OFFICE OF BRUCE A. GROVE, JR. ~q, Q~ ;J~ Bruce A. Grove, Jr., Esquire / Supreme Court J.D. #15502 110 Lexington Road York, PA l7402-4805 (717) 747-9351 Attoruey for Plaintiff 4 ~ -- H .J - ~, till" -iIl;jC3,!iij;;;i'%~,,*,i, .. "".. VERIFICATION I, BRUCE A. GROVE, JR., ESQUIRE, do state, subject to the penalties of 18 Pa. C.SA S 4904 relating to unsworn falsification to authorities, that I am the attorney for Bryan McCloud, Plaintiff, and that I am duly authorized by the Plaintiff to make this Verification and that I have personal fust-hand knowledge of the facts set froth in the foregoing Plaintiff's Reply to Defendants' Motion, and I state that the same are true and correct to the best of my knowledge, information, and belief. Dated: June 3, 2002 J_/ 5 cc, ~..~-~-" . , J.,) I _^ . ~. - --"-.......~-IfrJ.!Il~:; " . , ~ ~ BRUCE A. GROVE, JR. ATTORNEY AT LAW 110 LEXINGTON ROAD. YORK, PA 17402 (717) 747-9351 . Fax (717) 747-5761 May 21, 2002 Curtis R. Long Prothonotary of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 INRE: McCloud v. Aldinger(s) . Case No. 01-6221 . Plaintiff's Reply to Defendant's New Matter and Answer to Defendants' Counterclaim Dear Mr. Long: Enclosed for filing in the above-captioned proceeding are one (1) original and one (1) copy of Plaintiff's Reply To New Matter and Answer To Counterclaim. Please "time stamp" the enclosed copy and return it to this office in the enclosed self- addressed, stamped envelope. Thank you for your assistance in this matter. = Very ~lY yoursG _ --.,. ~~I~~' Bruce A. Grove, Jr. BAG/plk Enclosures cc: David Mills, Esquire Bryan McCloud EXHIBIT "I" / /. - ~ ~- , ~_,.l ,~L..,.". ~t.iB~-"=~''''O ~ ~- ~ -....~-"(;~l'.--; , . BRYAN McCLOUD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNS?V~IA, . c' VS. : NO. 01-6221 CIVIL TERM "1:_~ i- f~i;~1 ' u< . -~ !:;'>~:. ~;c ~"'f""; ',~ ~-; -,--~~ :'3 -, -=-""). h.:' ~:.. ~.) f'.: JAMIE 1. ALDINGER and WILLIAM 1. ALDINGER, SR., Defendants : CIVIL ACTION - LAW -':1 : PERSONAL INJURY .-,i' ,....,) I ~:-~ .< : WRY TRIAL DEMANDED PLAINTIFF'S REPLV TO DEFEr-.'DANTS' l'.'EW MATTER AND ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, TO WIT, this 21" day of May, 2002, comes the Plaintiff by his attoruey Bruce A. Grove, Jr., and files this Reply to Defendants' New Matter and Answer to Defendants' Counterclaim: ReDlv to Defendants' New Matter 18. Paragraph 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. Denied. Plaintiff is presently without knowledge or information sufficient to form a belief with respect to the truth of this allegation and it is, therefore, denied. 20. Admitted. 21. Admitted. 22. Denied. On October 30, 1999, the Plaintiff was residing with his Mother at the residence of Eugene Groce who resides at 612 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 23. Denied. It is specifically denied that Plaintiff on October 30, 1999, furnished EXHIBIT "2" ;,-,,;, "I"""" C ~..L~I" ,~ -'-!1:iiT >""-~ '-1tIll.:::!'Ii\~~/v; . . ~- CERTIFICATE OF SERVICE I, Bruce A. Grove, Jr., Esquire, hereby certify that I have served a true and correct copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS WITH NEW MATTER by first-class mail, postage prepaid, on the following: David Mills, Esquire Stetter & Gribbin 13 8 East Market Street P.O. Box 2588 York, PA 17405 Dated: June 3, 2002 C\~ By: ~"~ rr,~ "'L, Bruce A. Grove, Jr., Esquire 1 Attorney for Plaintiff 6 ~~1;.~~1t!fi1@1~;ig;i>:H.&liim~i",j;0iliTh~j"1ir-,Ji"I'","~;j!i',,,;'ii:un,,r.~,~>"'""i-t,;",';,;c.i;;,,~,':WA,t~~li~bj;~~~~l!IUil!!iil'il~>Sl~'"'iil~ = ,_,~ ,,~. ,.J,. ,","_,~_,,,,,",_ ~"',' _" ~._ ,~, . ~ _ ,,,",','W'f',~,.~r",""',~_o, .",,~ c' ..,'0" _'"'~_ 'I~~', ~ ...... ~. ~-,"- ~ ,-. .~- ~- ~~_. -- ,-, f~ T' n---;r '>' ~) r' 'i: - ~-;~~ Z -( . , ", '.." ,.,.,.." 7,,~_""_ _,. ~ ~~ "_ .') (",:'" " ,"-1 'i' I:~J , 6~ "..-j J;) =< --'.~ ~-J Ul f,ll-l 'W4'~'~" ~,~~-.~. """,,- .-_~ _'." L - ._,0 ,-." )1J'!il'il-.l!IIlJJ~~..'W~mv~: ... BRYAN McCLOUD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-6221 CIVIL TERM JAMIE 1. ALDINGER and WILLIAM 1. ALDINGER, SR., Defendants : CIVIL ACTION - LAW : PERSONAL INJURY : JURY TRIAL DEMANDED AFFIDAVIT I, BRUCE A. GROVE, JR., ESQUIRE, attoruey for the Plaintiff, hereby make the following unsworn statement subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities: 1. That on May 21, 2002, I mailed to the Prothonotary of Cumberland County a Pleading entitled "Plaintiff's Reply to Defendants' New Matter and Answer to Defendants' Counterclaim." 2. This Pleading has attached to it a Certificate of Service stating that I, as Plaintiff s counsel, served a copy of the same upon David A. Mills, Esquire, counsel for the Defendants, by HAND DELIVERY, at his office on May 21, 2002. 3. That, in fact, I did not HAND DELIVER this Pleading to the office of Attoruey Mills on May 2l, 2002 but instead personally mailed a copy of the same to him (Defendants' counsel) on Thursday, May 23, 2002. 4. This Affidavit is being issued by me, as Plaintiffs counsel, in lieu of filing with the Court an Amended Certificate of Service. '1R; ~. ,-I - _I . I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. g 4904 relating to unsworu falsification to authorities. Dated: June 6, 2002 ~.Q.r~ Bruce A. Grove, Jr., Esquire Attorney for Plaintiff ..... , , <~, '~f!jJ~:"jJ~,~fi,. mi" ......... .....' ~~ " """".-, ., I~"~ . lUll ~";"~""""~j~"';o",,. . .. ~. CERTIFICATE OF SERVICE I, Bruce A. Grove, Jr., Esquire, hereby certify that I have served a true and correct copy of the foregoing AFFIDA VII OF BRUCE A. GROVE, JR., ATTORNEY FOR PLAINTIFF by first-class mail, postage prepaid, on the following: David Mills, Esquire Stetter & Gribbin 13 8 East Market Street P.O. Box 2588 York,PA 17405 Attorney for Defendants Dated: June 6, 2002 By: Bruce A. Grove, Jr., Esquire Attoruey for Plaintiff ') ~ _;:'~ ....~~~,;wbipjrl~~~iM.~biie;;:n..,";~"nM_~:&H_'E,I,J,,->"cM::i;:io,-:;,;"mj;~jitml~'i!Wi~! r-- - M111ll!~~~ _"ijil!l~~~f;j .' "~".n..u.._,..IIlfiIL^,<,,~,,I"" . ~''',. .~., ,,'"' ",.,.,.,."" '" "." d. . .. " ~ .>~,. __o-C~.,. _ .W.." o C :0:'" ~~~ ~~+~: Z:~,_, 3;( -, -<. r:: ~. ,f';c- ):; s~~ :::j j , , C) f0 ,- c:= :':.~ " -! ....n f-"- ,T) .....-1 , C". ,''', N ~:-i (-) ,--:::,-,1 S~ ~-~ J In -< (55 &11 "'I1l'~ - ..~ - , ~~lilil.{<'j - ) - Jll3Il '-l~rj,'li . . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, 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: 08/12/2002 1lli}QeQ~ m DAVID A. MILLS, ES . ~ Attorney for DEFENDANT DEll-351728 00192-LOl m ~~~ ~ ~ N'_ ~~lOll~ ,~ ~ "" -L.Ll_ .'iIiI.... ~'.- " 1~-~~!'!t.~"i:: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE ~~TTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM. -VS- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, K.D. J.StltHFER WEBER. D.O JAKES C. KILLER, D.O. BAYFRONT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING. AND X-RAY(S) KEDICAL. BILLING, AND X-RAY(S) MEDICAL. BILLING. AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE. JR., ESQ. KCS on behalf of DAVID A. KILLS, 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 KCS or by contacting our local KCS office. DATE: 07/23/2002 MCS on behalf of DAVID A. KILLS, ESQ. Attorney for DEFENDANT CC: DAVID A. KILLS, ESQ. - 29-10401 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 00192-COl - ""<I-..'~ ~_.,-"' ~ "._~ ~, 1.1.- ~\!lDliljJ;o"" . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS File No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BAY FRONT MEDICAL CENTER (Name of Penon or Entity) Within twenty (20j days after service of this subpoena, :iO~ au ordered by the court to produce the following documents or things: SEE aTTACtiED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Addre..) 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 (20j 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: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE:,JU Ly /7( ;;)f"}:jA_ Seal of the Court (Hi. 7/97) b. ,-~~~............ ~-". _,L I" ~......- -'W'-J ,,~- iliSWitdof.'.li, EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN 01 RICOIWS lOR: BA YFRONT MI'DICAI. CI HIIR 701 6'1'11 STRLI.T SOUTl/ ST. PETERSBURG, FL JJ701 RE: 192 BRYAN MCCLOUD INCLUDING, ADMISSION & DISCI lARGE SUMMARIES, MEDICATIONS, PRESCIPRTIONS, PAYMENT RECORDS, lIANDWRITrEN NOTES AND ANY OTHER DOCUMENTATION RELATING TO THE PATIENT. Any and all records, correspondence, files and memorandums, handwritten , notes, relating to any examination, consultation care or trcatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-388238 0019Z-LOl ~, 1li!iIi!III.iilIIiMl.. ,- ~ ""~ ~, _', od'~ J,_ '-~[~iit>!i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, 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: 08/12/2002 DAVID A. MILLS, ESQ. Attorney for DEFENDANT DEll-351729 00192-L02 'J' - ~~~-~ " , ~-~l.....-_ 8i;lL ~~;] COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM. -vs- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY. H.D. JENNIFER liEBER. D.O JAMES C. HILLER, D.O. BAYFRONT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL. BILLING. AND X-RAY(S) MEDICAL. BILLING, AND X-RAY(S) MEDICAL. BILLING. AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR.. ESQ. HCS on behalf of DAVID A. HILLS, 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 HCS or by contacting our local HCS office. DATE: 07/23/2002 HCS on behalf of DAVID A. HILLS. ESQ. Attorney for DEFENDANT CC: DAVID A. HILLS. ESQ. - 29-10401 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 HARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 0019Z-COl il: . ~ ~, , - " .~ .~ Xi ./Illllfi''J:Wqr-. . " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS File No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL KLINE FAMILY PRACTICE CTR. (Name of Person or Entity) . W~tt\in twenty (20) day. after .ervice of thi. .ub~na, ~!l.u ate ordered by the court to produce the following documents or thIngs: SEE ATTACliED at MCS GROUP INC., 1601 MARKET ST., ff800. FHILA..PA 19103 (Addr...) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the eertificale of compliance, to Ihe 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: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. FA 17405 TELEPHONE: 215-246-0900 SUPREME COURT 10 II: ATTORNEY FOR: DEFENDANT BY l'ro\hOno~..k. Civil .on ~t'J/)J ~ . :-r1-9/UT..r Oeputy DATE: July 17, ;;l.1")D" . "- Seal of the Court (Eft,7/'17) - u ~ '~ ~~~ =--- .-1_. - ~, '- ,,--'"-' --t:#<~-,-, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL 2601 N.3RD STREET HARRISBURG, P A 171102098 RE: 192 BRYAN MCCLOUD INCLUDING, ADMISSION AND DISCHARGE SUMMARIES, MEDICATIONS, PRESCRIPTIONS, PAYMENT RECORDS, HANDWRITTEN NOTES AND ANY OTHER DOCUMENTATION RELATING TO mIS PATIENT. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SUlO-386938 0019Z-LOZ .:;J,.' ."~ , J. , - >" &~:.-JIi~.j.(iii:-'e.l'J CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, 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: 08/12/2002 DAVID A. MILLS, ESQ. Attorney for DEFENDANT DEll-351730 0019Z-L03 " ~ ~ - '-._. ,. I -- ' .----~-"<,,- 'c '~\~jt,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM. -VS- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, H.D. JSI'lRIFER WEBER. D.O JAMES C. HILLER. D.O. BAYFRORT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE. JR., ESQ. KCS on behalf of DAVID A. KILLS, 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 KeS or by contacting our local KCS office. DATE: 07/23/2002 KeS on behalf of DAVID A. KILLS, ESQ. Attorney for DEFENDANT CC: DAVID A. KILLS. ESQ. - 29-10401 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 00192.-COl "~ 'J " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS File No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL KLINE FAMILY PRACTICE CTR. (Name ol Person or Entity) Within twenty (20) days alter service of this subpoena, yo~ a(LQI'dered by the court to produce the following documents or things: SEE aTTACllt;ll at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Addres.) 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 10 produce the documents 0' 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: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT IO #: ATIORNEY FOR: DEFENDANT BY ECO RT: DATE: ..JJ__, /7. )rlQ J..... . Seal of the Court (W. 7/97', - - -' "~ . hll' , ti:!~!i '-"'-~Ii!af~;(, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL 2601 N.3RD STREET HARRISBURG, PA 171102098 RE: 192 BRYAN MCCLOUD INCLUDING, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, cr SCANS & REPORTS, AND ANY OTHER DOCUMENTATION RELATING TO THIS PATIENT. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 5U10-386940 0019Z-L03 - - .~ , e ,..1 ","",,' ~""'" ~...w",^"" -"~'~iM'; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009..22 MCS on behalf of DAVID A. MILLS, 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: Oa/12/2002 DAVID A. MILLS, ESQ. Attorney for DEFENDANT DEll-351731 00192-L04 ~ " ,,",,," lllll " ~ ~"] ~i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM. -vs- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE .DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY. H.D. J1!llNIFER WEBER. D.O JAMES C. HILLER, D.O. BAYFRONT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL. BILLING, AND X-RAY(S) MEDICAL, BILLING. AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE. JR., ESQ. HCS on behalf of DAVID A. HILLS, 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 HCS or by contacting our local HCS office. DATE: 07/23/2002 HCS on behalf of DAVID A. HILLS, ESQ. Attorney for DEFENDANT CC: DAVID A. HILLS, ESQ. - 29-10401 Any questions regarding this matter. contact THE MCS GROUP IBC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 00192-COl "~ ..~ , ,~ ~ . .. ." 11- ,.>l''''- . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS File No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOHN H. SURREY, M.D. IN.1me of Penon or Entity) Within twenty (20) days after service of this subl!oe~ l'.o~ aJ;.uu;dered by the court to produce the following documents or things: SEE ATTACHED a' MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add",,,) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, logether with the certificate of compliance, to the party making this request at the address Iisled above. You havelhe right 10 seek, in advance, the reasonable cosl of preparing the copies or producing the things soughl. [f 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: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT BY DATE: , II {~I 17{ - ( ......... I'nllhonoaryjCIerk, Civil n 42a-e P.ztJJA-<'l1' ../ Oepu ;:) hl".::J.. , Seal of the Court (Eff.7/97) "-~ I~ ,,', ~~.^ ulli"<'-lilUlti '-'"'ltlll~'Wj'J\i; EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN H. SURREY, M.D. 2601 NORTH THIRD STREET HARRISBURG, PA 17110 RE: 192 BRYAN MCCLOUD INCLUDING ANY AND ALL ADMISSION & DISCHARGE SUMMARIES, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, MEDICATIONS, PRESCIPTIONS, PAYMENT RECORDS, HANDWRITTEN NOTES, AND ANY OTl"lER DOCUMENTATION RELATING TO THIS PATIENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SUlO-386942 OOl9Z-L04 -- " '"_ '_". i ~M'~"',_.;~_~'~'M__ ,~-~-,'.,..;.--- ,3",<, 1~"-if~"'~" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, 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: 08/12/2002 DAVID A. MILLS, ESQ. Attorney for DEFENDANT DEll-351732 OOJ...9Z-LOS .~ ,. - - ." ,-,-- ..........-, .Ili1un a '--=-~-~::."i~~_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, H.D. JF.RNIFER WEBER. D.O JAMES C. MILLER, D.O. BAYFRONT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL. BILLING. AND X-RAY(SI MEDICAL. BILLING. AND X-RAY(SI MEDICAL, BILLING. AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE. JR.. ESQ. HCS on behalf of DAVID A. MILLS. 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 HCS office. DATE: 07/23/2002 MCS on behalf of DAVID A. MILLS, ESQ. Attorney for DEFENDANT cc: DAVID A. HILLS, ESQ. - 29-10401 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 OOJ..92-COJ.. ~~'< ~ ~-,,"~--~.~ ~ " ~ ~- ~,~ "' --....~ "-" "= ~ ~ Eumtl.llm'!l,Ij,;, . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS File No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JENNIFER WEBER, D.O. (Name of Penon or Entity) . Within twenty (20) days aiter service of this subpoena, you ate ordered by the court to produce the following documents or things: SEE t\'!:TACtlED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add.....) 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 aiter 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: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #; ATIORNEY FOR: DEFENDANT Prothon Q. BY ECO T: DATE: .JLL1 17{ .::2r~A.~ Seal of the Court (Eli. 7/97) ~. . ~ ~iJ"MII.~ "- ,- "0 1- t:' ti~if;!,-" EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JENNIFER WEBER, D.O POLYCLINIC MEDICAL CENTER HARRISBURG, PA 17110 RE: 192 BRYAN MCCLOUD INCLUDING ANY AND ALL ADMISSION AND DISCHARGE SUMMARIES, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, MEDICATIONS, PRESCRIPTIONS, PAYMENT RECORDS, HANDWRITTEN NOTES AND ANY OTHER DOCUMENTATION RELATING TO THIS PATIENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SUlO-386944 00192-LOS ---I '.~~.~' ,L ~l " , ~ ,--. .'_'j'j_W- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, 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: 08/12/2002 DAVID A. MILLS, ESQ. Attorney for DEFENDANT DEll-351733 OO:L92-L06 - ']fil ""- ~ ~~'l'~~ .-~"-~ ""ll!!IJ;Jli.Il!,!It<l!!t!lik" BRYAN MCCLOUD TERM. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS -VS- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. .l'DtNlFER WEBER. 0.0 JAKES C. KILLER. D.O. BAYFRONT MEDICAL CENTER MEDICAL RECORDS r. HOSPITAL BILL MEDICAL RECORDS [, HOSPITAL BILL X-RAY ONLY MEDICAL. BILLING. AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING. AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESQ. MCS on behalf of DAVID A. HILLS, 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. Co~lete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local MCS office. DATE: 0712312002 KCS on behalf of DAVID A. KILLS, ESQ. Attorney for DEFENDANT CC: DAVID A. KILLS, ESQ. - 29-10401 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-194835 00192-COl ~~ - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS File No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JAMES C. MILLER, D.O. (N..me of Person or Entity) Within twenty (20) days after service of this subpoena. YQ.U ate ordered by the court to produce the following documents or things: SEE a.nACtlED at MCS GROUP INC., 1601 MARKET ST., #800. PHlLA.,PA 19103 (Addres,) 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. (f you fail to produce the documents or things required by this subpoena, within twenty (20) day. 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: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: '- J, L. f 17, ::JrY,~ . - Seal of the Court (Hi. 7/97\ - --.-- ~ ,~, ~ l"", ~ UI"~-~-~!Wdi 'c";. -~~~ft1i'il( EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAMES C. MILLER, D.O. 120 MUENCH STREET HARRISBURG, PA 17102 RE: 192 BRYAN MCCLOUD INCLUDING, ADMISSION & DISCHARGE SUMMARIES, X-RAY REPORTS & ORlGlNAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, MEDICATIONS, PRESCRIPTIONS, PAYMENT RECORDS, HANDWRlTfEN NOTES AND ANY OTHER DOCUMENTATION RELATING TO THIS PATIENT. 'Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-386946 OOl92.-L06 "~, . _JL... .,,"1 "',,- )[/L" ~ u ,,~ ~~^'ilT_~.l!!!1*,i"> CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM. -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS. 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{12/2002 DAVID A. MILLS, ESQ. Attorney for DEFENDANT DEll-352949 0019Z-LO 7 "' ~ ~- ,-- ~ . " . ",~- . w.,_~ ""'-liiili:1__f.J;".' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM. -VS- CASE NO: 01-6221 ALDINGER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. J'lNtHFER WEBER, D.O JAMES C. MILLER, D.O. BAYFRONT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE. JR., ESQ. MCS on behalf of DAVID A. MILLS. 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: 0712312002 MCS on behalf of DAVID A. MILLS, ESQ. Attorney for DEFENDANT ee: DAVID A. MILLS, ESQ. - 29-10401 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-194835 00192-COl ,- ~.~ --lIP""" . " COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS file No. 01-6221 ALDINGER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BAYFRONT MEDICAL CENTER (Name of P....,n or Entity) W!thin twenty (201 days after service of thissubl!oe!\.1" YQ.1l '!te~dered by the court to produce the following documents or things: sEE ATTACIiBU at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 (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 requesl' at the a<klress listed above. You have the right to seek. in advanee.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: D"VTD MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT 10 *: ATTORNEY FOR: DEFENDANT DATE:...)"" (y (7, ;)....rJ;l. ~ - Seal of the Court (Eii,7/97'; --- 'l .,~ ~,~~ ~ ~- "~. ~, -" ,,,~, " "l\i~-i1i-",- EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BAY FRONT MIDICAL (TNTFR 7IJI hTII SIRITT SOUTII ST. PETERSBURG, FL 33701 RE: 192 BRY AN MCCLOUD INCLUDING X-RAY REPORTS, MRI SCANS & REPORTS, CT SCi\NS & REPORTS, EYe. i\ny and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject : BRYAN MCCLOUD . 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SUlO-388240 00 19 2 -L 0 7 '~_~~~-m~~~jllili!~OO'~~~W~'~ili""V,_"'!~''''"'''; r...,c''''''"H,-,,/'t- -" .- ~ '_"M. ,";J'j,-~~~H' ~-"." ~- I . '~11. -(-!~((IiDiIi-~' ~"o:-"'"-"'"~~-~,.-,, l'iIM~'~"'" - ,"' ~,.,~...........-' J,.;.tLi ..""""",,,,.- Kf '. 0 C'') ~~-) C r~, T, ?' ::"IlI' " L'X: ,'- r'-l r i '.:.--) T) 7 ~r! ~ 1 ell '- J . I ~; r.:~ '- '-.1 I ~~: .---, Cj - ) _.. ..c::. () .. ~ 5> f",J ,--' :-.-1 c -.j Z _.,1 )c, -;l , :;J :u -, -< B eft ,~. "'--.;.,~" ',' "'n ~--'."" -ilniS~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Bryan McCloud, (Plaintiff) vs. Jamie L. Aldinger and William L. Aldinger, Sr., ( Defendant) No. 01-6221 Civil Term 19 1. State matter to be argued (Le., plaintiff's lIDtion for new trial. defendant's danurrer to canplaint. etc.): MOTION OF DEFENDANTS FOR ORDER COMPELLING DISCOVERY 2. Identify counsel who .nu argue case: ( a) for plaintiff: Address: Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 (b) for defendant: Address: David Mills. Esquire Stetler & Gribbin 138 East Market Street York, PA 17401 3. I.nu notify all parties in writing within bolo days that this case has been listed for arguIeIlt. 4. ArgLment Court Date: October 23. 2002 ants Dated: September 18, 2002 ~ - BRYAN MCCLOUD, Plaintiff v JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants <' ",- _1'-, "f '< '-~"~~Mi "':-->.j " -"'~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6221 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 2nd day of January, 2003, this matter having been called for hearing, it appearing that the plaintiff has failed to comply with the order of this court entered October 30, 2002, we enter as a sanction that he is precluded from henceforth and at the trial of this case from adducing any and all testimony in support of claims for medical expenses, lost earnings and lost earning potential, all non-economic losses, and any evidence concerning emotional distress or his level of intoxication at the time of the accident which might be supported by any records in the custody of the Polyclinic Hospital. ~Bruce Grove, Jr., Esquire For the plaintiff j"David Mills, Esquire > For the Defendant :bg By the Court, /-J-J Hess, J. L~.qnl 11~ 01 -O/.s, -03 II 'I d d :j 1 :wI:~ ?'//7f g ~; ~" ~ '1 (',,!~ ~/r ',' --.';<)~<Ol'j.\RY 1")'3 lAJI.' 3 .. ',. l~." -1' '. "I F " '. ."t" . 1 , '. . ., ."" ("('" iN"{ CUMbt:1Lhi-~!.J ~,...;v 1. PENNSYLVANIA "~ H_ _~_, ~~~~'l:i?;;;\r"'!f>''''~i<'(j((!'_ti':-I!i\t''-''1\''T?:f!il,~1liI<i)!i~t'-''?___,7~'~~~~ . 1-, . -~ ,-,--> - trf' ~ - - "-!lii" 0-'-, 'C~\ . "C(, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter far the next Argt.ment Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption lIRlSt be stated in full) BRYAN MCCLOUD, ( Plainti:ff) vs. JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., ( Defendant) No. 01-6221 Civil Action-Law.6.~ 1. State matter to be argued (Le., plainti:ff's lIDtion for new trial. defendant's danurrer to canplaint. etc.): Motion of Defendants for Summary Judgment 2. Identify counsel who will argue case: (al for plaintiff: Bruce Grove, Esquire ~s: 110 Lexington Road York, PA 17402 (b) for defendant: Christina L. Bradley, Esquire Address: 138 East Market Street York, PA 17401 3. I will notify all parties in writing within two days that this case has been listed for argunent. 4. Arguneflt Court Date: May 21, 2003 Dated: April 25, 2003 (YJv pt, h ( 1bi~ Attorney far 6e'tenaan s :,~~~~>~'d"~''''~~I''__''~'''''''d''',",II''''''''''' >'<f''''''^~, ,'>I'~'Hl<.<@j;j.*jjill'#'-~'- L _'_'.w~'.~_ -.- --k ~-~ '"""'~~, , - '" .~, = '.- ~~~ g Z -0 (J:: 0:) C~ ~-,'-'" L_t Q"" !;2e )>-,", Z-" --0 :<>c: -7 :::; ...( ill II ~. c::5 !' -. ':::-'0 ;..'D r-,.," 0") Qj .--\ -'~\ ~,~J -.-<.0 ,-,-1,." :~j::? ."-.:l,t; '~~~ i~ ;.-,!l1 '':::i ~:;:". ~ '? t::> ~~~ ",.- '" ""-.- L>,.- ~ ,-' "~.""";~ ,;;~< -'"~~~,,-: BRYAN MCCLOUD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6221 CIVIL CIVIL ACTION - LAW JAMIE 1. ALDINGER and WILLIAM 1. ALDINGER, SR, Defendants IN RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY AND HESS, J.J. ORDER AND NOW, this :;v" day of May, 2003, following argument thereon, the motion of the defendants for summary judgment is GRANTED. BY THE COURT, Bruce Grove, Jr., Esquire For the Plaintiff '/1J Christina Bradley, Esquire For the Defendants ~ ~ 5v;l;l-oJ q.., :rlm ~T ,;j~~'H!~i!l-0H!:_~r1\j;i-il,~~,*"i!..lp};l:ii.';;!r;,!W~~'{t"1 ,'~' ;"'''-.. ~~,~" ,~,-,~'" .... _ _ "~, ~", ~ '''-''~d' ~ ,,",_~". ~"' , _ ,~ _ .,." M ,. " ,~'""'". ,_~__~ __~ c~ ! c:: - (" f ~:J ..if) >-- t,; '"'~.,. ,~) 8? .~ ..... a w_ ~__ . ,. ',~ lII.iliII,iln'" ""''' I , ~ 'I I ! . '-~ ",I..... "- iW'1~""ili'it"-'jji;;.',-,; APR 2 9 2003 r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE L ALDINGER AND WILLIAM L ALDINGER, SR., Defendants CIVIL ACTION-LAW ORDER AND NOW, this _ day of May 2003, upon Motion of Defendants for Summary Judgment, it is hereby ordered that judgment be entered against Plaintiff, Bryan McCloud, and in favor of Defendants, Jamie L Aldinger and William L Aldinger, Sr. The Prothonotary is directed to give written notice of the entry of this Order to each party's attorney of record or, if unrepresented, to each party. By the Court, Judge )i OJ I~,;,-c,<i",;~-_,: """~:i-,i',(,"""-,,,,' -,,--,~w ,,-,>,,'. ili"'!;;j.l~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants CIVIL ACTION-LAW MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT AND NOW, this 25th day of April, 2003, come Defendants, Jamie 1. Aldinger and William 1. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who move this Honorable Court for sununary judgment on the following grounds: 1. On October 30, 2001, Plaintiff commenced suit by Writ of Summons. 2. On November 19, 2001, Defendants served Interrogatories for answer by Plaintiff and Request for Production of Document for inspection, examination and photocopying, 3. On May 17, 2002, Plaintiff served incomplete Answers to the Requests for Production of Documents. 4. On June 7, 2002, Plaintiff served incomplete Answers to Interrogatories of Defendants. 5. On July 2, 2002, Defendants asked Plaintiff to sign Tax Authorizations for the release of information from the Internal Revenue Service. 6. On October 30, 2002, this Honorable Court issued an Order upon the Motion of Defendants for Order compelling Discovery, dated September 17, 2002, which provided that Plaintiff supplement answers to certain Interrogatories, produce all documents requested in il I",' '-,_;'""';"'~A"R'_"~"'--',:" """~'~" ~',"~ !L!l\if~_~; Defendants' Requests for Production of Documents, sign Form 4506, Request for Copy or Transcript of Tax Form, and sign the Authorizations of the release of medical records from Pinnacle Health SysteUlslPolyclinic Hospital. The Court Order further provided that failure to comply with the Order within thirty (30) days would result in further sanctions upon motion of Defendants. 7. Plaintiff, Bryan McCloud, failed to comply with the Order of Court, failed to provide complete answers to the Defendants' Interrogatories, and failed to provide Defendants with signed Authorizations to allow Defendants to obtain copies of his Internal Revenue Service tax forms and medical records. 8. On January 2, 2003, this Honorable Court issued an Order upon the Motion of Defendants for Sanctions dated December 3, 2002, which Order states: ORDER AND NOW, this 2nd day of January, 2003, this matter having been called for hearing, it appearing that the Plaintiff has failed to comply with the Order of this Court entered October 30, 2002, we enter as a sanction that he is precluded from henceforth and at the trial of this case from producing any and all testimony in support of the claims for medical expenses, lost earnings and lost earning potential, all non-economic losses, and any evidence conceruing emotional distress or his level of intoxication at the time of the accident, which might be supported by any records in the custody of Polyclinic Hospital. By the Court, /s/ Kevin A. Hess. Judge 9. Pennsylvania Rules of Civil Procedure allow the Court to grant Summary Judgment when, after the completion of discovery, an adverse party who will bear the burden of " . ~i'>' -id',,-"",'." -~~ ,-,'" :'~~,,-,;'-<j-;"''',~-;,:,",,-, li..j.~;" proof at trial has failed to produce evidence of facts essential to the cause of action, which, in a jury trial, would require the issues to be submitted to ajury. See Pa, R.C.P. No. 1035.2(2). 10. The Order issued by this Honorable Court on January 2, 2003, precludes Plaintiff, Bryan McCloud, from proving actual loss or damage against Defendants, Jamie 1. Aldinger and William 1. Aldinger, Sr., and therefore, there remains no genuine issue to be presented to ajury, WHEREFORE, Defendants, Jamie 1. Aldinger and William 1. Aldinger, Sf., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, pursuant to Pa. R.C.P. No. 1035.2. Respectfully submitted, STETLER & GRIBBIN Dated: ~5 ,L}p.-U l (.063 . BY:(! hJ..J'6hwt7inl2~ Christina 1. Bradley, Esquire .. Supreme Court No. 89107 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie 1. Aldinger and William 1. Aldinger, Sr. II II ~ c"i,'C 1\",'; ,,-,,'-- 'i'''''2",~~:,J-_,',_;';~:',;,' -1.- .';i:iu:--;'--; ',~" l.,'imiitik?'- CERTIFICA TE OF SERVICE I, Christina 1. Bradley, Esquire, hereby certify that I served a true and correct copy of the foregoing MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT by first-class mail, postage'prepaid on the following: Bruce A. Grove, Jr., Esquire llO Lexington Road Ydrk,PA 17402 STETLER & GRIBBIN Dated: ~~ A P--ci ( ~6D.:? , By: L'1~j) 0. Christina 1. Bradley, Esquire Supreme Court No. 89107 138 East Market Street PO Box 2588 York,PA 17405-2588 (717) 854-9506 Attorueys for Defendants " li ], @i.!ilYw~~iW';1';~'- :';,-;i;j:;";;;,;~" ,.~,):";lt,)}~)>JtfL,!I!JlIf[~,", w.. "~"\.i;:f/dril~'"~""::'i.::,:.il~~~~~ 'A,-:;:"., ::r- tt; " ,,~ _~-", ..p.'''~,~'X< f.::-1 ,~ ,.",."'_''',~ . ~- ~. ~ "Cil;i" "'~,"",b;;""'>'- ',' ,,:;. ,;' .c _'"'"'_':"'""'''-'("0,' -~ 'e'c' j,/ (") <:::: ? ~r~ 0..--,_, ~;li::-> fffj3' <? ::;:J " '."'''''.,-,,",-' '1 c' L,J <~ ....;:" 'cO ,~...) C!'.)- o --"I ~;:1 '~,];j :::;:J '~?8 ,.1, ...J 3;~i ~, $ '<;: ~ - (;:) . ,~~ -, ~ - ,-I.. f~,;'J0:f;i" APR 2 9 Z003 If IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE 1. ALDINGER AND WILLIAM 1. ALDINGER, SR., Defendants CIVIL ACTION-LAW ORDER AND NOW, this _ day of May 2003, upon Motion of Defendants for Summary Judgment, it is hereby ordered that judgment be entered against Plaintiff, Bryan McCloud, and in favor of Defendants, Jamie 1. Aldinger and William 1. Aldinger, Sr. The Prothonotary is directed to give written notice of the entry of this Order to each party's attorney of record or, ifuurepresented, to each party. By the Court, Judge I <_",-,...1_",,-1 _l~ .." ~ "" ~'~- ,""" ,-,-,'10.-__ '-, , "-i~_!lliit,,_,,!+- I APR 2 9 Z003 fJ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL V ANlA BRYAN MCCLOUD, Plaintiff NO. 01-6221 CIVIL TERM -vs- JAMIE 1. ALDINGER AND WILLIAM 1. ALDINGER, SR., Defendants CIVIL ACTION-LAW ORDER AND NOW, this _ day of May 2003, upon Motion of Defendants for Summary Judgment, it is hereby ordered that judgment be entered against Plaintiff, Bryan McCloud, and in favor of Defendants, Jamie 1. Aldinger and William 1. Aldinger, Sf. The Prothonotary is directed to give written notice of the entry of this Order to each party's attoruey of record or, if unrepresented, to each party. By the Court, Judge II ; ETLER &> GRIBBIN '\TTORNEYS AT LAW ! 3f\ EAST MARKET STREET P O. BOX 2588 YORK, PENNSYLVANIA 17405 1,..111..,1.1..111.,..1,1",11,1 CHRISTINA L BRADLEY ESQUIRE STETLER & GRIBBIN 138 EAST MARKET STREET PO BOX 2588 YORK PA 17405 ~~-,L":'l'-':J-~__='_cX_'_/_~_R>-'S;'::':!;-":"" ',". reo,::: ,',':':..-:::-',' :' ____..1 I .... . L:';"'i., :~~~J{: 2;~i2~'~~i~~~~i~:;,i~'~-;;~~00{"(\;;~ i,;J;,:; ,~ ;,;:~,; ,~,:-_~_:~i~~;~~}:Zr;~-; ~",;'''_~t~; ';x~. -~, ;:;,-,- ,,',' ~;~~1:"",,-_-;1i '",-" ,- ,~:L~~~:~:;;,,_: - I- I . .tt ,1"'11"'" ,TETLER &; GRIBBIN ATTORNEYS AT LAW \38 E.AST MARKET STREET P. 0, BOX 2588 YORK, PENNSYLVANIA 17405 1",111,,,1,1,,111,,,,,1,1,11,,1 BRUCE A GROVE JR ESQUIRE 110 LEXINGTON ROAD YORK PA 17402 ,1t"",__"",.",,,,,:,,, ,,",_,," . J.;' -. ~"-~-"'~' "',." -->:", - , '-", .['~ c,:::): :~ .':l.:_L:- . ~ - -",-,,'-J--'(:~;'<~i~;;.~:?r ;;~;;;~~;'~~~J~i~}';;~~~~~~.iik~2~L~:_1,;, -~-'-' -~_. i;'_:;:,~f,,_,;n""'_~, ',_,',^' ,~,i,,,,c,-:::~;-\i;:~.\.' "-~ .' 'c,.',,: ';;'",;::0:'.;",_:- /'" "",'C """,.6.,,;[ ~ ~ ,,"x""" __' C"'!~~i"~