HomeMy WebLinkAbout03-3136ROMINGER & BAYLEY LAW OFFICE,
Plaintiff
JEFFREY A. BEARD, SECRETARY to
THE DEPARTMENT OF CORRECTIONS
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 03
: IN EQUITY
COMPLAINT AND EMERGENCY REOUEST FOR RELIEF
AND NOW, comes Rominger & Bayley Law Office by and through their attorneys, Karl
E. Rominger, Esquire and Mark F. Bayley, Esquire and in support of their Complaint and
Emergency Request for Relief avers as follows:
1. Michael J. Whare, Esquire is an Associate at the Law Firm of Rominger & Bayley
located at 155 South Hanover Street, Carlisle, PA 17013.
2. On July 2, 2003, at approximately 9:15 a.m. Adam Shave, Inmate # DB 1302, was in
Court for a Pretrial Hearing.
3. The Inmate, Adam Shave is represented by Attorney Michael J. Whare by Court
appointment.
4. At approximately 9:30 a.m. on July 3, 2003, Inmate Adam Shave did attack Attorney
Whare which led to Attorney Whare being treated at the Carlisle Hospital Emergency Room, as
the inmate did spit in his eyes.
5. Attorney Whare's physicians need all of the medical records of said inmate to
determine a course of treatment and to eliminate the possibility of transmission of
infectious disease and request the same IMMEDIATELY.
8. Attorney Whare's interest in said medical records outweighs the privacy interests of
said inmate.
9. There is no adequate remedy available at law.
10. The immediate release of the records is essential to prevent irreparable harm.
WHEREFORE, your petitioner requests this Honorable Court order and direct Jeffrey A.
Beard, Secretary to the Department of Corrections, release and forward all the medical records of
their Inmate Adam Shave to the Law Office of Rominger & Bayley this day.
EMERGENCY REOUEST FOR RELIEF
11. Previous paragraphs are incorporated by reference.
12. Petitioner asks for the medical records immediately and without a Court hearing.
13. For medical purposes this information is necessary as soon as possible.
WHEREFORE, your petitioner requests this Honorable Court order and direct Jeffrey A.
Beard, Secretary to the Department of Corrections, release and forward all the medical records of
their Inmate Adam Shave to the Law Office of Rominger & Bayley this day.
Respectfully submitted,
ROMINGER & BAYLEY
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
Date: July 2, 2003
ROMINGER & BAYLEY LAW OFFICE,
Plaintiff
JEFFREY A. BEARD, SECRETARY to
THE DEPARTMENT OF CORRECTIONS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1N EQUITY
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served
a copy of the Complaint and Emergency Request for Relief upon the following by depositing
same in the United States Mail, first class postage prepaid, and via facsimile (717-703-3621) at
Carlisle, Pennsylvania, addressed as follows:
Michael Faman, Esquire
Office of Chief Counsel
P.O. Box 598
Camp Hill, PA 17001-0598
Karl E. Rominger, Esquire
Attorney for Plaintiff
Date: JulyS, 2003
ROM1NGER & BAYLEY LAW OFFICE,
Plaintiff
JEFFREY A. BEARD, SECRETARY to
THE DEPARTMENT OF CORRECTIONS:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1N EQUITY
ORDER OF COURT
ANH Now, this_Z~_Aday of ~',, I-1 ~2003, in consideration of the within
Motion and for the health and safety of Attorney Michael J. Whare, it is hereby ordered and
directed that Jeffrey A. Beard, Secretary to the Department of Corrections, release and forward
all of the medical records of Adam Shave, Inmate #DB1302 to the Law Office of Rominger &
Bayley at 155 South Hanover Street, Carlisle, Pennsylvania 17013 this day.
Distribution:
Karl E. Rominger, Esquire