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HomeMy WebLinkAbout03-3151DONALD SWANGER and : VIRGINIA SWANGER, : his wife, : : Plaintiffs : .. V. ' : CUI WEI LIN, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .o. 05- 3r -/ CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDL~/~ H~ I.D. #32298/ 1300 Lingl~,s.ff3~ Harrisburg, (717) 238-2000 Attorney for Plaintiffs IG & ROSENBERG, LLP ¢. Road 17110 JJV/complaints/mva.swanger DONALD SWANGER and : VIRGINIA SWANGER, : his wife, : : Plaintiffs : V, .' : CUI WEI LIN, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiffs, Donald Swanger and Virginia Swanger, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and make the within Complaint against the Defendant, Cui Wei Lin, as follows: 1. Plaintiff, Donald Swanger, is a competent adult individual currently residing at 1109 Apple Drive, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Virginia Swanger, is a competent adult individual currently residing at 1109 Apple Drive, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055 3. individual currently residing Pennsylvania 17013.. At all times material hereto, Defendant, Cui Wei Lin, was a competent adult at 100 Stonehedge Drive, Carlisle, Cumberland County, 4. At all times material hereto, Plaintiff, Donald Swanger, was the owner and operator of a 1993 Chevrolet Corsica (hereinafter "Plaintiff's vehicle") bearing Pennsylvania registration number WW0-0704. 5. At all times material hereto, Defendant, Cui Wei Lin, was the operator of a 1998 Lexus SUV (hereinafter "Defendant's vehicle") bearing Pennsylvania registration number BSA- 0656. 6. At all times material hereto, Liang S. Lin was the owner and named policyholder of the 1998 Lexus SUC under an Allstate Insurance Company policy. 7. At all times material hereto, Plaintiff, Donald Swanger, was insured by Pennsylvania National Mutual Casualty Insurance Company, under which motor vehicle insurance policy, Plaintiff selected the Full Tort Option. At all times material to this action, there were no adverse weather or road conditions. 9. On or about November 4, 2001 at about 12:00 p.m., Plaintiff, Donald Swanger, was lawfully traveling westbound on East Trindle Road in Hampden Township, Cumberland County, Pennsylvania. 10. At approximately the same time and place, Defendant, Cui Wei Lin, was traveling on southbound on Central Boulevard towards the intersection of East Trindle Road in Hampden Township, Cumberland County, Pennsylvania. 11. At approximately the same time and place, Defendant, Cui Wei Lin, failed to stop at the stop sign posted on Central Boulevard, and the vehicle Cui Wei Lin was driving violently struck Plaintiff's vehicle. 12. The aforementioned collision and the resultant injuries to the Plaintiff, Donald Swanger, were the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Cui Wei Lin, generally and more specifically as set forth below: COUNT I - NEGLIGENCE Donald Swanqer v. Cui Wei Lin 13. Plaintiff, Donald Swanger, incorporates and makes part of this complaint paragraphs 1 through 12 above, as if the same were set forth fully below, 14. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Donald Swanger were caused directly and proximately by the negligence of Defendant, Cui Wei Lin, generally, and more specifically, as set forth below: (a) (b) ©) (d) (e) (f) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa.C.$.A. § 3323(b); In failing to be reasonably vigilant to observe the vehicle which Plaintiffwas operating; In failing to yield the legal right-of-way to Plaintiff's vehicle in the intersection, in violation of 75 Pa.C.S.A. § 3323(b); In failing to operate her vehicle under proper and adequate control in order that she could avoid striking Plaintiff's vehicle; In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. {}3714;; In failing to operate her vehicle at a speed, and under such control, as to 3 be able to stop within the assured clear distance, in violation of 75 Pa.C.S.A. §3361; (g) In negligently driving her vehicle into the intersection of East Trindle Road and Central Boulevard without stopping; (h) In proceeding through an intersection when such movement could not be made in safety; (I) In failing to exercise the high degree of care required of a motorist entering an intersection; (j) In failing to stop at a properly posted stop sign, in violation of Pa.C.S.A. §3323(b); (k) In failing to exercise reasonable care in the operation and control of her vehicle; and, 15. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, the Plaintiff, Donald Swanger, sustained personal injuries including, but not limited to, a concussion and two dislocated vertebrae in his neck. 16. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, the Plaintiff, Donald Swanger, has been and will in the future be, hindered from performing his daily duties and chores, to his great loss, humiliation and embarrassment. 17. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, the Plaintiff, Donald Swanger, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional and financial detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, the 4 Plaintiff, Donald Swanger, has been compelled and may in the future be compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to his great detriment and loss. 19. As a result of the negligence of Defendant, Donald Swanger has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity 20. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, the Plaintiff, Donald Swanger, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. 21. Plaintiff, Donald Swanger believes and therefore, avers that his injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Donald Swanger, seeks damages from the Defendant, Cui Wei Lin, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT II - LOSS OF CONSORTIUM Virc~inia Swanger v. Cui Wei Lin 22. Paragraphs 1-21 are incorporated herein as if set forth at length. 23. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, Plaintiff, Virginia Swanger, has suffered a loss of consortium, society and comfort from her husband, and she may continue to suffer similar loss in the future. 24. As a direct and proximate result of the negligence of Defendant, Cui Wei Lin, Plaintiff, Virginia Swanger, has been compelled, and may in the future be compelled, in order to effect a cure for her husband's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Virginia Swanger, seeks damages from the Defendant, Cui Wei Lin, in an amount in excess of compulsory arbitration limits of Cumberland County, and demands a trial by jury. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP By g~, Esquire 32298 )wn Road Harrisburg, PA 17110 (717) 238-2000 W. Sc~ Attorn, 1300 Lingteel Attorney for Plaintiffs 6 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Donald Swanger Virginia ~wanger ~ Date: DONALD SWANGER and VIRGINIA SWANGER, his wife, Plaintiffs V CUI WEI LIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3151 CIVIL : : : : CIVIL ACTION - LAW PRAEC PE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Complaint in the above referenced matter. Please instruct the Sheriff of Cumberland County to deputize the Sheriff of Dauphin County to make service of the Complaint upon the Defendant Cui Wei Lin at the following address: Great Wall Restaurant 3765 Peters Mountain Road Halifax, PA 17032 Date: HANDLER, HENNING & ROSENBERG W. Scott I-~nn ~g~ Esq. I.D. #322~(8 / 1300 Linglc~t'o, Road Harrisburg, P~ 17110 (717) 238-200( Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2003-03151 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOI/ND SWANGER DONALD ET AL VS LIN CUI WEI R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDkNT LIN CUI WEI unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , LIN CUI WEI , NOT FOUND , as to 100 STONEHEDGE DRIVE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 t R. Thomas Kl~f~ Sheriff of Cumberland County HANDLER HENNING ROSENBERG 07/28/2003 Sworn and subscribed to before me this ~ ~--- day of ~3 A.D. Prot~fonot ary SHERIFF'S RETURN - CASE NO: 2003-03151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWANGER DONALD ET AL VS LIN CUI WEI OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT LIN CUI WEI but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 27th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 30.50 .00 67.50 08/27/2003 Sheriff of Cumberland County HANDLER HENNING ROSENBERG Sworn and subscribed to before me ~x~C day of this ~% A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Donald Swanger et al VS. Cui Wei Lin SERVE: same No. 03-3151 civil NOW, Auqust i3, 2003 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this $ow~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the ori~nal So answers, M. served the the contents thereof. Sworn and subscribed before me this .... day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin i~ND NOW:August 25, 2003 NOTICE & COMPLAINT CUI WEI LIN GREAT WALL RESTURANT to CHING LIN (BROTHER) of the original : SWANGER DONALD ET AL : CUI WEI LIN Sheriff's Return No. 2205-T -2003 OTHER COUNTY NO. 03 3151 at i:30PM served the within upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT and making know~ to him/her the contents thereof at 3765 PETERS MOUNTAIN ROAD HALIFAX~ PA 17032-0000 Sworn and subscribed to before me this 25TH day of AUGUST, 2003 PROTHONOTARY Deputy Sheriff Sheriff's Costs: $30.50 PD 08/20/2003 RCPT NO 181958 MLYNEK DONALD SWANGER and VIRGINIA SWANGER, his wife, Plaintiffs, CUIWEI LIN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-3151 CIVIL CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Cui Wei Lin, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: ~-//-1~ Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this // day of September, 2003, I hereby certify that I have served the foregoing PRAEClPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Andrew C Lehman, Esquire DONALD SWANGER and VIRGINIA SWANGER, his wife, Plaintiffs, CUI WEI LIN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-:3151 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Donald and Virginia Swanger, and their attorney, W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Date: Respectfully submitted, NEALON & GOVI--R, P.C. ndrew C. Lehman, Esquire ~ ..... I.D. #: 819:37 2411 North Front Street Harrisburg,. PA 17110 717/232-9900 DONALD SWANGER and VIRGINIA SWANGER, his wife, Plaintiffs, CUI WEI LIN, Defendant. 2. 3. 4. 5. 6. 7. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-3151 CIVIL CIVIL ACTION - LAW ANSWER WITH NEW MATTER Admitted upon information and belief. Admitted upon information and belief. Admitted. Admitted upon information and belief. Admitted. Admitted. Denied as Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. 8. Admitted. 9.-12. Denied as stated; however, it is admitted that on November4, 2001 as Defendant was operating her vehicle at or near the intersection of East Trindle Road and Central Boulevard, her vehicle came into contact with Plaintiffs' vehicle. The remaining averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT I Negligence Donald Swanger v. Cui Wei I_in 13. Paragraphs 1 through 12 are incorporated herein by reference thereto as if set fo~h at length. 14. Said Paragraph and all its subparts are denied pursuant to Pa.R.C.P. 1029(e). 15.-21. Denied as after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. Any remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT II Loss of Consortium Virginia Swanger v. Cui Wei Lin 22. Paragraphs 1 through 21 are incorporated herein by reference thereto as if set forth at length. 23.-24. Denied as Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted, and proof is demanded at trial. Any remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 2 NEW MATTER 25. Paragraphs 1 through 24 are incorporated herein by reference thereto as if set forth at length. 26. Plaintiffs' claims may be barred in whole or in part by operation and application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant respectfully requests the within Complaint be dismissed with costs as allowed by law. Date: Respectfully subrnitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 3 VERIFICATION I, CUI WEI LIN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this (~J d~ay of September, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: W. Scott Henning, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Andrew C. Lehman, Esquire DONALD SWANGER and VIRGINIA SWANGER, his wife, Plaintiffs V= CUIWEI LIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-3151 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MA I ~ ~-R AND NOW comes the Plaintiffs, Donald Swanger and Virginia Swanger, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and respond asfollows: 25. Denied. Paragraph 25 is an incorporation paragraph to which no responsive pleading is necessary. 26. Denied. The allegation set forth in paragraph 26 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied Plaintiffs' claims may be barred in whole or part by operation and application of the Pennsylvania Motor Vehicle Financial Responsibility Act, however, Plaintiffs acknowledge that they will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act that the Honorable Court deems properly applicable to the subject cause of action· WHEREFORE, Plaintiffs respectfully request judgment against the Defendant for the relief set forth in their Complaint. DATE Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP W. Scott Henni ~oa( ~ I.D. #32298 1300 L nglestow Harrisburg, PA 17110/ 717-238-2000 J Attorney for Plaintiffs DONALD SWANGER and VIRGINIA SWANGER, his wife, Plaintiffs CUI WEI LIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3151 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 26th day of September, 2003, I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing in U.S. Mail; Andrew C. Lehman, Esq. Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 DATE Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP 7 W. Scott t--~e~g, ~ re I.D. #32298 1300 Linglestown Ro/ad Harrisburg, PA 171~/0 717-238-2000 Attorney for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: W. SC~ CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU~aNT TO RULE 4009.22 IN THE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS - CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 ANDREW C. LEHM~,~, ESQ. Attorney for DEFENDANT DEll-462150 3 7 20 7 --LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF INTROIT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO R~LE 4009.21 [ Note: see enclosed list of locations ] TO: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, MICHAEL SMOLUK ESQ. - 03518 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02~248408 3 7 2 O 7 --CO 2 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTEIN & JEFFRIES HEALTHSOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSURANCE DE02-248408 3 72 0 7 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MECHANICSBURG SENIOR CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SELE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN. ESO. 2_411 N, FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Pr°th°n°tary/Clerk, Ci~7 ~/n/~ Deputy 3720%01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MECHANICSBURG SENIOR CENTER 97 WEST PORTLAND STREET MECHANICSBURG, PA 17055 RE: 37207 DONALD J. SWANGER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Re. quested: up to and including the present. Subject. DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth: 08-28-1926 SU10-475186 3 7 2 0 7 --LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT T0 RULE 4009.22 IN THE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS - CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462151 3 72 O 7 --LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER -VS- CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF II~'r~agT TO SERVE A SUBPOENA TO PRODUCE DOcuMENTS AND THINGS FOR DISCO%/~KY PURSD-~/qT TO RULE 4009.21 [ Note: see enclosed list of locations ] T0: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03518 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 7 2 O 7 --CO 2 LOCATION NAI~ LOCATION LIST RECORDS REQUESTED PAGE: 1 MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTRIN & JEFFRIES HEALTHSOUTR INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT EOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XEAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSURANCE DE02-248408 372 0 7--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NEUROLOGY CENTER. 1NC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN, ESO. 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: ;r~°th~oM'n~Cie/~ k,C il vis3on 37207-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER, INC. 890 POPLAR CHURCH RD. SUITE 107 CAMP HILL, PA 17011 RE: 37207 DONALD J. SWANGER INCLUDE DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, ties, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject :DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth: 08-28-1926 SU10-475188 3 7 2 0 7 --LO 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN TEE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS- CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 (1) (2) (3) (4) MCS on behalf of ANDREW C. LEHMAN, ESQ. 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 days prior to the date on which the subpoena is sought to be served, A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, No objection to the subpoena has been received, and The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462152 3 7 2 O 7 --LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER -VS- CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF I~T~FT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISC0%/~Y PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03518 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 72 O 7 --CO 2 LOCATION NAME LOCATION LIST <<< RECORDS REQUESTED PAGE: MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTEIN & JEFFRIES HEALTHSOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSURANCE DE02-248408 3 72 0 7 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANOER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRONSTE1N & JEFFRIES (Name of Person or Entity) TO: Custodian of Records for Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. h~c.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce tlfings requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight 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 tiffs subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN. ESO. 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendsnt Date: Seal of the Court BY THE COURT: Pro,on ot ary/Cl ~erk., Chv.il' Di~-gitlfl Deputy 37207-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRONSTEIN & JEFFRIES 4830 LONDONDERRY ROAD HARRISBURG, PA 17109 RE: 37207 DONALD J. SWANGER INCLUDE DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, ~es, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth: 08-28-1926 SU10-475190 3 72 0 7 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU;k~T TO RULE 4009.22 IN THE MATTER 0F: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -V$- CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462153 3 7 2 O 7 --LO 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER -VS- CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF I}dT~ ~'O SER~v~ A SUBPOENA TO PRODUCE DO~S THINGS FOR DISCOVERY PURSUANT TO RUI~E 4009.21 [ Note: see enclosed list of locations ] T0: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03510 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #$00 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 72 O 7 --CO 2 LOCATION NAME LOCATION LIST RECORDS REQUESTED PAGE: 1 MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTEIN & JEFFRIES HEALTESOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYNENT MEDICAL RECORDS & XRAYS MEDICA5 RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSURANCE DE02-248408 3 7 2 0 7 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHSOUTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving tiffs subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN. ESO. 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (2-15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ~~12. ~.003 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil' D~vision Deputy I ' 37207-04 EXPLANATION OF REQU1RED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH 840 NORTH FRONT STREET WORMLEYSBURG, PA 17043 RE: 37207 DONALD J. SWANGER INCLUDE DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray f'flms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth: 08-28-1926 SU10-475192 3 7 2 0 7 --LO 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU~ TO RULE 4009.22 IN THE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS - CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462154 3 72 O 7 --LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER -VS- CUI WEI LIN COURT 0F COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF I~'riiNT TO SERVE A SUBPOENA TO PRODUCE DOCUt4ENTS THINGS FOR DISCO~IKY PURSI/AlqT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03518 Any questions regarding this matter, contact MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 7 2 O 7 --CO 2 LOCATION NA~E >>> LOCATION LIST RECORDS REQUESTED PAGE: MECRANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTEIN & JEFFRIES HEALTHSOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSUEANCE DE02-248408 3 72 0 7 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INTERNISTS OF CENTRAl. PA. LTD (Name of Person or Entity) Within twenty (20) days after service of tins subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc,. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce tinngs 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 tinngs sought. If you fail to produce the documents or things required by tins subpoena witinn twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN. ESO. 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: iri~C;rk~ 37207-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INTERNISTS OF CENTRAL PA, LTD 108 LOWTHER STREET PO BOX 107 LEMOYNE, PA 17043 RE: 37207 DONALD J. SWANGER INCLUDE DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical repons, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent repons, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dat.es Requested: up to and including the present. Subject: DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth: 08-28-1926 SU10-475194 3 7 2 0 7 --LO 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUA1Fr TO RULE 4009.22 IN THE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS- CASE NO: 03-3151 As a prerequisite to service of a subpoena for documents and thin~s pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462155 3 7 2 O 7 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER -VS- CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE N0: 03-3151 NOTICE OF INTENT TO SER~q~ A SUBPOENA TO PRODUCE DOCUMENTS THINGS FOR DISCO~vq~RY PURSU2~N-T TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03518 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 7 2 O 7 --CO 2 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTEIM & JEFFRIES HEALTHSOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT BOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-PAY ONLY INSURANCE DE02-248408 3 72 0 7--C0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAl, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN. ESO. 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Protho~ er~,~//~~ Deputy 37207-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 37207 DONALD J. SWANGER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse' s notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth.': 08-28-1926 SU10-475196 3 7 2 0 7 --LO 6 C~RTI?ICAT~ PR~RRQU~SIT~ TO S~RVIC~ O? A SUBPOENA PURSUANT TO RUL~ 400~.22 IN THE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS- CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462156 3 7 20 7 --LO 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER -VS- CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF IRT~a~T TO SERVI~ A SUBPOENA TO PRODUCE DOCUI~ENTS THINGS FOR DISCOV~Y PURSIJANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHMAN, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03518 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT Any questions regard/ng this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 72 O 7--CO 2 LOCATION N~E LOCATION LIST <<< RECORDS REQUESTED PAGE: MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BRONSTEIN & JEFFRIES HEALTHSOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSURANCE DE02-248408 3 7 2 0 7 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAl. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the patty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN. ESO. 2411 N, FRONT STREET HARRISBURG. PA 17110 TELEPHONE: ~215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: 37207-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 37207 DONALD J. SWANGER INCLUDE DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and repons, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: DONALD J. SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security #: 209-20-0720 Date of Birth: 08-28-1926 SU10-475198 3 7 2 0 7 --LO 7 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU~ TO RULE 4009.22 IN THE MATTER OF: DONALD AND VIRGINIA SWANGER COURT OF COMMON PLEAS TERM, CUI WEI LIN -VS- CASE NO: 03-3151 AS a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, 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: 12/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-462157 3 72 O 7 --LO 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD AND VIRGINIA SWANGER CUI WEI LIN COURT OF COMMON PLEAS TERM, CASE NO: 03-3151 NOTICE OF ~ ~D SERVE A SUBPO]~A ~D PRODUCE DOCuM~S ~%qINGS FOR DISC~)~/~K~' Pl~ ~) RI/hE 4009.21 Note: see enclosed list of locations ] TO: W. SCOTT HENNING, ESQ. MCS on behalf of ANDREW C. LEHM2%N, 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: 11/20/2003 CC: ANDREW C. LEHMAN, ESQ. MICHAEL SMOLUK - 03518 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDAN~ A~y questions regard/ng this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-248408 3 72 O 7--CO 2 LOCATION NAME >>> LOCATION LIST RECORDS REQUESTED PAGE: MECHANICSBURG SENIOR CENTER NEUROLOGY CENTER, INC. BEONSTEIN & JEFFRIES HEALTHSOUTH INTERNISTS OF CENTRAL PA, LTD HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL PENN NATIONAL INSURANCE GROUP EMPLOYMENT MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL HECOHDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY INSURANCE DE02-248408 37207--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD AND VIRGINIA SWANGER VS. CUI WEI LIN File No. 033151 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PENN NATIONAL INSURANCE GROUP (Name of Person or Entity) Within twenty (20) days after service of tlfis subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED R/DER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800, Philadelphia. PA 19103 You may deliver or mail le~ble copies of the documents or produce things requested by this subpoena, together with the cextificate of compliance, to the party making this request at the address listed above. You have the fight to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANDREW C. LEHMAN, ESO. 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: 37207-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN NATIONAL INSURANCE GROUP P.O. BOX 2361 HARRISBURG, PA 17105 RE: 37207 DONALD J. SWANGER RELATING TO CLAIM//02653011; CLAIM REP: BELINDA HAHN Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, cla/ms, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as ma.y.be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: DONALD J, SWANGER 1109 APPLE DRIVE, MECHANICSBURG, PA 17055 Social Security//: 209-20-0720 Date of Birth: 08-28-1926 Date of Loss: 11/04/2001 SU10-475200 3 7 2 0 7 --LO 8 Donald Swanger and Virginia Swanger Cui Wei Lin, Plaintiffs Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-3151 · CIVIL ACTION - LAW · JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above captioned matter settled and discontinued without prejudice. Date: HANDLER HE~&~ROSENBERG w. Attorney I.D. ~32,298J 1300 Liinglestown,~ad Harrisburg, PA ;I"7110 (717) 238-2000 ATTORNEY FOR PLAINTIFF