HomeMy WebLinkAbout07-2784IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff
vs.
JOSEPH K. CHIARA
513 South 3`d Street
Lemoyne, PA 17043
Defendant
File No. (? / 7 ?f44
Civil Action -
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Please issue summons in and against Joseph K. Chiara in the above case.
X Writ of Summons shall be issued and forwarded to Sheriff.
Signature o Attorney _-Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
Pecht & Associates
55 West Hiah Street
Elizabethtown, PA 17022
(717) 367-2800
Name/Address/Telephone Number of Attorney
Date: --a ? Supreme Court ID Number 56304 and 38904
WRIT OF SUMMONS IN CIVIL ACTION
TO: Joseph K Chiara
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION
AGAINST YOU. D
Prothonotary/Clerk, Civil Divisi
Date: atj ?, c? Qd 7 by Gttiu.?
Depu
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-02784 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SAUERWINE JAMES H ET AL
VS
CHIARA JOSEPH K
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
CHIARA JOSEPH K but was
unable to locate Him in his bailiwick.
WRIT OF SUMMONS ,
He therefore returns the
the within named DEFENDANT
CHIARA JOSEPH K
NOT FOUND , as to
513 SOUTH 3RD STREET
LEMOYNE, PA 17043
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. BELIEVED TO
BE LIVING AT 113 SHETLAND DR HUMMELSTOWN.
Sheriff's Costs:
Docketing 18.00
Service 14.40
Not Found 5.00
Surcharge 10.00
Postage .41
Otlvi (4, ? 47.81
So answers.------7--
R. Thomas K ine
Sheriff of Cumberland County
PECHT & ASSOCIATES
05/21/2007
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff
VS.
JOSEPH K. CHIARA
513 South 3rd Street
Lemoyne, PA 17043
Defendant
File No. 0'1- 6L-78q C?v"Te y&
Civil Action -
PRAECIPE FOR REISSUE OF WRIT OF SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Please reissue summons in and against Joseph K. Chiara in the above case.
X Writ of Summons shall be issued and forwarded to Sheriff.
of Attorney - Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
_Pecht & Associates
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800
Name/Address/Telephone Number of Attorney
Date: 6 1a Supreme Court ID Number 56304 and 38904
REISSUED WRIT OF SUMMONS IN CIVIL ACTION
TO: Joseph K. Chiara
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION
AGAINST YOU.
AOUW4? Prothonotary/Cler Civil Division
Date: 5 711007 by
I7 Deputy
_
? 000 p ? ?
.
_ CO
ip i?
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff,
vs.
FILE NO. 07-2784 Civil Term
JOSEPH K. CHIARA
513 South 3rd Street
Lemoyne, PA 17043
Defendant.
PRAECIPE FOR ENTRY OF ONCE
TO: THE PROTHONOTARY OF CUMBERLAND COUNTY,
PENNSYLVANIA
Please enter the appearance of Randall G. Gale, Esquire, THOMAS,
THOMAS & HAFER, LLP as the attorney for the Defendant JOSEPH K.
CHIARA, in the above-captioned matter.
Respectfully submitted,
THOMAS THOMAS & HAFER, LLP
By
Randall G. Gale, Esquire
Attorney No. 26149
305 North Front Street, 6th FL
P.O. Box 999
Harrisburg, PA 17108-0999
717-255-7648; Fax: 717-237-715
rgale@tthlaw.com
CERTIFICATE OF SERVICE
I, Randall G. Gale, Esquire, Attorney for Defendants, hereby certify
that a copy of the foregoing Entry of Appearance was served upon the
Plaintiff this /87 day of '2007, by
enclosing a true and correct copy in envelopes, postage prepaid, and
depositing same in the United States Mail at Harrisburg, Pennsylvania
on the following:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
By cz
R all G. Gale, Esquire
523680.1
?? -n
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-02784 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAUERWINE JAMES H ET AL
VS
CHIARA JOSEPH K
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
CHIARA JOSEPH K
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On September 26th , 2007 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answer-
/-
Docketing 18.00 ?--°`"-
Out of County 9.00
Surcharge 10.00 R.' Thomas Kline
Postage .99 Sheriff of Cumberland County
37.99 f tel"611) 1 ?.
09/26/2007
PECHT & ASSOCIATES
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
W
-In The Court of Common Pleas of Cumberland County, Pennsylvania
James H. Sauerwine and Arlene B. Sauerwine
vs.
Joseph K. Chiara
Serve: Joseph K. Chiara
No. 2007-2784 Civil Term
Now, August 30, 2007, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, , 20 , at o'clock M, served the
within
upon
at
by handing to,
a
and made known to
Sworn and subscribed before
me this day of 120_
copy of the original
So answers,
Sheriff of
COSTS
SERVICE $
MILEAGE_
AFFIDAVIT
the contents thereof.
County, PA
v
(Pifia, of #4le "?5h-erfff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
• SAUERWINE JAMES H
• CHIARA JOSEPH K
V3
Sheriff's Return
No- 1263-T - - -2007
OTHER COUNTY NO. 2007 2784
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
AND NOW: September 17, 2007 at 2:20PM served the within
REISSUED SUMMONS
CHIARA JOSEPH K
to CARLA DILLER GIRLFRIEND
upon
by personally handing
1 true attested copy(ies)
of the original REISSUED SUMMONS and making known
to him/her the contents thereof at 113 SHETLAND DRIVE
HUMMELSTOWN, PA 17036-0000
Sworn and subscribed to
,efore me this 18TH day of SEPTEMBER, 2007
11 1A--
C./
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
So Answers,
? W,;?
Sheriff of Dauphin County, Pa.
? ? 'k ...
By
Deputy Sheriff
Sheriff's Costs:$37.25 PAID BY COUNTY
SCHAEF
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
FILE NO. 07-2784 Civil Term
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached
thereto was mailed to Plaintiffs' counsel on 9/28/07;
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
certificate;
(3) Plaintiffs' counsel has indicated he has no objection to the proposed Subpoenas and
is willing to waive the remainder of the 20-day notice period in order to expedite receipt of the
records; and
(4) the Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to serve the Subpoenas.
THOM HOMAS & HAFER, LLP
t ?
R ALL G. GALE, ESQUIRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: jU -ll--0 7
I
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE, FILE NO. 07-2784 Civil Term
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND"THINGS FOR
:DISCOVERY PURSUANT TO RULE 4009.21
TO: Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant intends 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 objection is made, the subpoenas
may be served.
THOMA THOMAS &HAFER, LLP
/ / '( 7 1,
RAN.DALL G. GALE, ESQUIRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: I-,-2F _6 7
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Orthopedic Institute of Pennsylvania
3399 Trindle Road, Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records reports treatment notes correspondence, diagnostic studies,
radiology films testing results bills insurance forms medication/prescription information
including any and all such items that may be stored in a computer database or otherwise in
electronic form relating to the care and treatment of James Sauerwine d/o/b: 12/7/49, SSN 201-
40-1242 at:
Thomas Thomas & Hafer. LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Harrisburg Hospital
111 South Front Street, Harrisburg, PA 17101
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things: Any and all medical records for inpatient or outpatient or clinic
care including reports, treatment notes, correspondence, diagnostic studies, radiology films,
testing results. bills. insurance forms, medication/prescription information, including any and all
such items that may be stored in a computer database or otherwise in electronic form, relating to
the care and treatment of James Sauerwine d/o/b: 12/7/49 SSN 201-40-1242 at:
Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Boa 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
vs.
Plaintiff,
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Tristan Associates
4518 Union Deposit Road, Harrisburg, PA 17111
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports treatment notes correspondence diagnostic studies
radiology films, testing results bills insurance forms medication/prescription information
including any and all such items that may be stored in a computer database or otherwise in
electronic form, relating to the care and treatment of James Sauerwine d/o/b• 12/7/49 SSN 201-
40-1242 at:
Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seat of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Vs.
Plaintiff,
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Pennsylvania Open MRI
5400 Chambers Hill Road, Harrisburg, PA 17111
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes correspondence, diagnostic studies
radiology films, testing results bills insurance forms medication4prescr_ption information
including any and all such items that may be stored in a computer database or otherwise in
electronic form, relating to the care and treatment of James Sauerwine, d/o/b: 12/7/49. SSN 201-
40-1242 at:
Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Boa 999, Harrisburg. PA 17108-0999
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
NO. 07-2784
CIVIL ACTION - LAW
JOSEPH K. CHIARA
Defendant.
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Lancaster Neuroscience & Spine Associates
1671 Crooked Oak Drive, Lancaster, PA 17601
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correspondence, diagnostic studies,
radioloy films, testing results, bills, insurance forms. medication/prescription information,
including any and all such items that may be stored in a computer database or otherwise in
electronic form, relating to the care and treatment of James Sauerwine, d/o/b: 12/7/49, SSN 201-
40-1242 at:
Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
BY THE COURT:
Seal of the Court
Deputy
Prothonotary/Clerk, Civil Division
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
vs.
Plaintiff,
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, James Blacksmith, D.O.
689 Yorktown Road, Lewisberry, PA 17339
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correspondence, diagnostic studies,
radiology films, testing results, bills, insurance forms, medication/prescription information,
including any and all such items that may be stored in a computer database or otherwise in
electronic form. relatiniz to the care and treatment of James Sauerwine, d/o/b: 12/7/49, SSN 201-
40-1242 at:
Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999.
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.
T141S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Westfield Group
P. O. Box 3010, Lancaster, PA 17604-3010
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
A complete copy of the claim file, including any and all documents, medical records,
photographs, billing information, application for benefits form, first party benefits payout sheet,
disability statements, work notes, medical bills, transcripts of recorded statements, and any other
information contained in your file regarding James Sauerwine, d/o/b: 12/7/49, SSN 201-40-1242.
Claim #: CWP 3440920-050905, date of loss: 5/9/05 at:
Thomas. Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF SERVICE
1, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE
SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
R NDALL G. GALE, ESQUIRE
Date:
534707.1
CERTIFICATE OF SERVICE
1, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
/ i
RA LL G. GALE, ESQUIRE
Date: [ ? r `C ,6 7
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Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
And ARLENE B.SAUERWINE FILE NO. 07-2784 Civil Term
217 Allendale Way
Camp Hill, PA 17011
Plaintiff,
vs.
JOSEPH K. CHIARA
513 South 3rd Street
Lemoyne, PA 17043
Defendant.
TO: PROTHONOTARY
Cumberland County
One Courthouse Square
Carlisle, PA 17013-3387
PRAECIPE FOR RULE TO FILE COMPLAINT
Please issue a Rule directing Plaintiffs, JAMES H. SAUERWINE and ARLENE
B. SAUERWINE to file a Complaint against Defendant Joseph K. Chiara within twenty
(20) days after service of the Rule or suffer Judgment of Non Pros.
THOMAS, THOMAS & HAFER, LLP
By
R all G. Gale, Esquire
Attorney No. 26149
305 North Front Street, 6d' Floor
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; Fax: 717-237-7105
?7 RGALE@TTHLAW.COM
Dated: 021Z "0
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE, Attorney for Defendant Joseph K. Chiara, do
hereby certify that a copy of the foregoing document was served upon the following by
enclosing a true and correct copy in envelopes addressed as follows, postage prepaid, and
depositing same in the United States Mail at Harrisburg, Pennsylvania on the
of P/4//66 '2007
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
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all G. Gale, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B.SAUERWINE FILE NO. 07-2784 Civil Term
217 Allendale Way
Camp Hill, PA 17011
Plaintiff,
VS.
JOSEPH K. CHIARA
513 South 3rd Street
Lemoyne, PA 17043
Defendant.
RULE TO FILE A COMPLAINT
AND NOW, this * day of _ GCJD _r , 2007, a Rule is
entered upon the Plaintiff to file a Complaint within twenty (20) days after service of the
Rule or suffer Judgment of Non Pros.
By' i'l ou" P
Prothonotary C6
Distribution List:
Randall G. Gale, Esquire
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; fax: 717-237-7105
rgale@tthlaw.com
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES, P.C.
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800; fax: 717-367-9400
hhendersongpechtlaw.com
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PECHT & ASSOCIATES, PC
Herbert P. Henderson, II, Esquire
Pennsylvania I.D. No.: 56304
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff
vs.
JOSEPH K. CHIARA
513 South 3`d Street
Lemoyne, PA 17043
Defendant
File No. 07-2784
Civil Action -
JURY TRIAL DEMANDED
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 defense
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
32 S. Bedford Street
Carlisle, PA 17013
Telephone (717) 249-3166
PECHT & ASSOCIATES, PC
By: r
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
55 West High Street
Elizabethtown, PA 17022
Telephone: (717) 367-2800
Attorney I.D. #56304
PECHT & ASSOCIATES, PC
Herbert P. Henderson, II, Esquire
Pennsylvania I.D. No.: 56304
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff
vs.
File No. 07-2784
Civil Action -
JOSEPH K. CHIARA
513 South 3rd Street
Lemoyne, PA 17043
Defendant
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff's herein are James H. Sauerwine and Arlene B. Sauerwine, husband and
wife, currently residing at 217 Allendale Way, Camp Hill, Pennsylvania 17011.
2. Defendant herein is Joseph K. Chiara, an adult individual, currently residing at 513
South 3rd Street, Lemoyne, Pennsylvania 17043.
3. This cause of action arises from an automobile accident which occurred on or about
May 9, 2005 on State Route 581 North at or near the off ramp of State Route 581
North just west of the US 83 South on ramp in Camp Hill, Cumberland County,
Pennsylvania.
STATEMENT OF FACTS
4. On May 9, 2005, Plaintiff James H. Sauerwine was on State Route 581 traveling from
Mechanicsburg, Pennsylvania area toward Harrisburg, Pennsylvania in Cumberland
County Pennsylvania. Plaintiff James H. Sauerwine was traveling in an easterly
direction as he passed underneath what is commonly referred to as the 581/Rt. 15
underpass.
5. As Plaintiff James H. Sauerwine continued to travel on Route 581 toward Harrisburg,
Pennsylvania, traffic on Route 581 came to an abrupt stop as he approached the
intersection of Route 581 with US Route 83 South in or around New Cumberland,
Pennsylvania.
6. At the same time and general location, a vehicle being operated by Defendant Joseph
K. Chiara was traveling on the same roadway, in the same direction at approximately
the same location.
7. Suddenly and without warning, Defendant collided violently with the rear portion of
Plaintiff James H. Sauerwine's vehicle causing Plaintiff James H. Sauerwine to
sustain serious personal injuries.
COUNT ONE
JAMES H. SAUERWINE AND ARLENE B. SAUERWINE VS. JOSEPH K. CHIARA
8. Paragraphs 1 through 6 are incorporated herein by reference as set forth at length.
9. Plaintiffs believe, and therefore aver that as a direct and proximate result of the
negligence and the carelessness of the Defendant operating his motor vehicle at the
same time and general location as aforesaid, that Plaintiff James H. Sauerwine
suffered serious personal injuries, including specifically an injury to his neck which
has resulted in the need for surgery.
10. Plaintiffs believe, and therefore aver that, again as a direct and proximate result of the
negligence and carelessness of the Defendant that Plaintiff James H. Sauerwine:
a. suffered serious, painful and permanent bodily injuries, great physical pain
and mental anguish, severe and substantial emotional distress, and loss of
capacity for the enjoyment of life;
b. was, and will be required to undergo medical treatment and to incur medical
costs and expenses in order to alleviate injuries, pain and suffering;
C. was, is, and will be precluded from engaging in normal activities and pursuits,
including a loss of his ability to earn money an actual earnings; and
d. otherwise was hurt, injured, and caused to sustain financial losses.
11. Plaintiffs believe, and therefore aver that the above referenced collision was caused
by the recklessness, carelessness and/or negligence of Defendant, for that, amongst
other acts and omissions, Defendant:
a. operated the motor vehicle at a high, dangerous and excessive rate of speed
under the circumstances then and there existing;
b. failed to reduce his speed to avoid a collision;
C. failed to observe due care and precaution and maintain proper and adequate
control of his motor vehicle;
d. failed to operate his motor vehicle in such a manner as to bring the vehicle to
stop completely within an assured clear distance ahead;
C. failed to keep a proper lookout for other vehicles lawfully upon the roadway;
f, failed to exercise reasonable care in the operation of his motor vehicle under
the circumstances then and there existing.
12. All of the Plaintiff's losses were, are and will be due solely to and by reason of the
reckless, carelessness and/or negligence of the Defendant, without any negligence or
want of due care on the Plaintiffs' part contributing thereto.
WHEREFORE, Plaintiffs respectfully requests judgment in their favor and against
Defendant Joseph Chiara in an amount in excess of $35,000.00.
COUNT TWO
ARLENE B. SAUERWINE VS. JOSEPH CHIARA
13. Paragraphs 1 through 12 are incorporated herein by reference as set forth at length.
14. As a result of the carelessness and negligence of Defendant Joseph Chiara as
aforesaid, Plaintiff Arlene B. Sauerwine has been deprived of companionship and
otherwise suffered a loss of the quality of her relationship with Plaintiff James H.
Sauerwine.
15. As a result of the carelessness and negligence of Defendant, Plaintiff Arlene B.
Sauerwine has suffered a deprivation in some degree of the companionship, affection,
sexual relations, and cooperation of her spouse, Plaintiff James H. Sauerwine, as a
result of the injuries he suffered.
WHEREFORE, Arlene B. Sauerwine respectfully requests judgment in her favor and
against Defendant Joseph Chiara in an amount in excess of $35,000.00.
Respectfully Submitted,
PECHT & ASSOCIATES, PC
By:
tieroert r. tienaerson, 11, hsquire
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800
Attorney ID # 56304
VERIFICATION
HERBERT P. HENDERSON, II5 ESQUIRE, being duly affirmed according to
law deposes that he is the attorney for the Plaintiff, James H. Sauerwine in the within
matter; that said Plaintiff cannot make the Verification to this Complaint because a
Verification cannot be obtained at present, that he has made diligent inquiry of the
Plaintiff and upon the information received believes the facts set forth to be true.
Herbert P. Henderson,
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Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B.SAUERWINE FILE NO. 07-2784 Civil Term
217 Allendale Way Civil Action -
Camp Hill, PA 17011
Plaintiff,
vs.
JOSEPH K. CHIARA Jury Trial Demanded
113 Shetland Drive
Hummelstown, PA 17036
Defendant.
NOTICE TO PLEAD
TO: Plaintiffs and Counsel
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof or a default judgment may be entered against you.
THOMAS, THOMAS & HAFER, LLP
By
Rall G. Gale, Esquire
Attorney No. 26149
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; Fax: 717-237-7105
RGALE(&,,TTHLAW.COM
DATE: January 2, 2008
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B.SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff,
vs.
JOSEPH K. CHIARA
113 Shetland Drive
Hummelstown, PA 17036
Defendant.
FILE NO. 07-2784
CIVIL ACTION
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER
OF JOSEPH K. CHIARA
AND NOW, comes the Defendant Joseph K. Chiara and files this Answer and
New Matter to the Complaint of Plaintiffs James H. Sauerwine and Arlene B. Sauerwine.
1. Denied. The averments of paragraph 1 of Plaintiffs' Complaint are neither
admitted nor denied in that after reasonable investigation the Answering Defendant is
without sufficient information to form a belief as to the truth of the averments and proof
thereof is demanded.
2. Admitted in part and denied in part. It is admitted that Defendant Joseph
K. Chiara is an adult individual. It is denied that he currently resides at 513 South Third
Street, Lemoyne, Pennsylvania 17043. On the contrary, he currently resides at 113
Shetland Drive, Hummelstown, PA 17036.
3. Denied. The averments of paragraph 3 of Plaintiffs' Complaint are a
conclusion of law to which no response is required. To the extent that a response may be
deemed to be required the averments are denied and put in issue pursuant to Pa.R.Civ.
1029(e).
4-7. Admitted in part and denied in part. It is admitted that on May 9, 2005
Defendant Joseph K. Chiara was operating a vehicle east on State Route 581 and that his
vehicle came in to contact with a vehicle operated by Plaintiff James. H. Sauerwine who
was also operating a vehicle eastbound on State Route 581. The remaining averments of
paragraph 4 through 7 of Plaintiffs' Complaint are denied and put in issue pursuant to
Pa.R.Civ.P. 1029(e).
COUNT ONE
8. The answering Defendant incorporates by reference his responses to
paragraphs 1 through 7 of Plaintiffs' Complaint as if set forth at length herein.
9. Admitted in part and denied in part. It is admitted that Defendant operated
his motor vehicle at the time and location as alleged. The remainder of the averments of
paragraph 9 are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e).
10 (a-d). Denied. The averments of paragraph 10 and its subparagraphs (a)
through (d) are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e).
11. Denied. The averments of paragraph 11 and its subparagraphs (a) through
(f) are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e).
12. Denied. The averments of paragraph 12 of Plaintiffs' Complaint are
conclusions of law to which no response is required. To the extent a response may be
2
deemed to be required the averments are denied and put in issue pursuant to Pa.R.Civ.P.
1029(e).
WHEREFORE, Joseph K. Chiara demands that Judgment be entered in his favor
and against the Plaintiffs James H. Sauerwine and Arlene B. Sauerwine.
COUNT TWO
13. The answering Defendant incorporates by reference his responses to
paragraphs 1 through 12 of Plaintiffs' Complaint as if set forth at length herein.
14.-15. Denied. The averments of paragraphs 14 through 15 of the
Plaintiffs' Complaint are conclusions of law to which no response is required. To the
extent a response may be required the averments are denied and put in issue pursuant to
Pa.R.Civ.P.1029(e).
WHEREFORE, the Defendant Joseph K. Chiara demands that Judgment be
entered in his favor and against the Plaintiffs Jaynes H. Sauerwine and Arlene B.
Sauerwine.
NEW MATTER
20. No acts or failures to act on the part of answering Defendant were a
substantial factor or factual cause in bringing about the injuries or damages set forth in
Plaintiffs' Complaint.
21. The Plaintiffs' claims are all subject to the provisions and limitations of
the Pennsylvania Motor Vehicle Financial Responsibility Law.
22. The Plaintiffs' recoverable damages are or may be affected by their tort
option election.
23. Plaintiffs' action is or may be time barred by the applicable two-year
statute of limitation.
WHEREFORE, the Defendant Joseph K. Chiara demands that Judgment be
entered in his favor and against the Plaintiffs James H. Sauerwine and Arlene B.
Sauerwine.
THOMAS, THOMAS & HAFER, LLP
By
Ra13
nall G. Gale, Esquire
Attorney No. 26149
305 North Front Street, 6 h Floor
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; Fax: 717-237-7105
RGALE ,TTHLAW.COM
DATE: January 2, 2008
4
VERIFICATION
I, RANDALL G. GALE, ESQUIRE, have read the foregoing Answer and New
Matter of Joseph K. Chiara and hereby affirm that it is true and correct to the best of my
personal knowledge or information and belief. This Verification and statement is made
subject to the penalties of 18 Pa.C.S. §4904 relating to sworn falsification to authorities;
I verify that all the statements made in the foregoing are true and correct and that false
statements may subject me to the penalties of 18 Pa.C.S.§4904.
RAND G. GALE, ESQUIRE
Dated: January 2, 2008
556907.1
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE, Attorney for Defendant Joseph K. Chiara, do
hereby certify that a copy of the Answer and New Matter was served upon the following
by enclosing a true and correct copy in envelopes addressed as follows, postage prepaid,
and depositing same in the United States Mail at Harrisburg, Pennsylvania, on the -.24
, 2008.
of ld&
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
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Udn?all G. Gale, Esquire
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Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B.SAUERWINE FILE NO. 07-2784 Civil Term
217 Allendale Way Civil Action -
Camp Hill, PA 17011
Plaintiff,
vs.
JOSEPH K. CHIARA Jury Trial Demanded
113 Shetland Drive
Hummelstown, PA 17036
Defendant.
PRAECIPE TO SUBSTITUTE VERIFICATION
TO: The Prothonotary:
Please substitute the attached original verification of Joseph K. Chiara on the
Answer and New Matter of Joseph K. Chiara in place of the previous verification signed
by counsel.
THOMAS, THOMAS & HAFER, LLP
By
AandfA7G--. Gale, Esquire
Attorney No. 26149
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7648; Fax: 717-237-7105
RGALEgTTHLAW.COM
DATE: January 11, 2008
VERIFICATION
I, Joseph K. Chiara, have read the foregoing Answer and New Matter of Joseph
K. Chiara and hereby affirm that it is true and correct to the best of my personal
knowledge or information and belief. This Verification and statement is made subject to
the penalties of 18 Pa.C.S. §4904 relating to sworn falsification to authorities; I verify
that all the statements made in the foregoing are true and correct and that false
statements may subject me to the penalties of 18 Pa.C.S.§4904.
Dated:
556928.1
Joseph K. hiara,,
Certificate of Service
I, Randall G. Gale, Attorney for Defendant, Joseph K. Chiara do hereby certify
that I served a copy of the foregoing document upon the following this I Ith day of
January, 2008, by placing a true and correct copy in the U.S. mail, first-class, postage
pre-paid, addressed as follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
By:
Randall G. Gale, Esquire
556856.2
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PECHT & ASSOCIATES, PC
Herbert P. Henderson, II, Esquire
Pennsylvania I.D. No.: 56304
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff
vs.
JOSEPH K. CHIARA
513 South 3rd Street
Lemoyne, PA 17043
File No. 07-2784
Civil Action -
JURY TRIAL DEMANDED
Defendant
RESPONSE TO NEW MATTER
20. Denied. The averments in paragraph 20 of Defendant's New Matter are denied. Strict proof
otherwise is demanded at the time of trial.
21. The averments of paragraph 21 of Defendant's New Matter are conclusions of law to which no
response is required. To the extent an answer may be required, the averments are denied and
strict proof otherwise is demanded at the time of trial.
22. Admitted to the extent of Plaintiffs' tort option speaks for itself.
23. Denied. The averments in paragraph 23 of Defendant's New Matter are denied. To the contrary,
Plaintiffs' claim is not barred by any statute of limitation. Strict proof otherwise is demanded at
the time of trial.
Respectfully Submitted,
PECHT & ASSOCIATES, PC
By:
Herbert P. Henders ,11, Esquire
55 West High Street
Elizabethtown, PA 17022
(717) 367-2800
Attorney ID # 56304
VERIFICATION
I have read the foregoing and hereby affirm that to the questions to which I provided answers are
true and correct to the best of my knowledge, information and belief. This verification is made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to the unworn falsification to authorities.
J s H. Saue e
VERIFICATION
I have read the foregoing and hereby affirm that to the questions to which I provided answers are
true and correct to the best of my knowledge, information and belief. This verification is made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to the unworn falsification to authorities.
Arlene B. Sauerwine
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Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE, FILE NO. 07-2784 Civil Term
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
CERTIFICATE
PREREQUISITE TO SERVICE OF'SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached
thereto was mailed to Plaintiffs' counsel on 7/8/08;
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
certificate;
(3) Plaintiffs' counsel has indicated in a letter of July 18, 2008 that he has no objection to
the proposed Subpoenas and is willing to waive the remainder of the 20-day notice period in order
to expedite receipt of the records; and
(4) the Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to serve the Subpoenas.
THOMA,,%-THOMAS & HAFER, LLP
RAIND L G. GALE, ESQUIRE
I.D. 149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: 1. „???F
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE, FILE NO. 07-2784 Civil Term
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
'NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RRU1E 4009.21
TO: Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant intends 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 objection is made, the subpoenas
may be served.
THOMA?T-HOMAS & HAFER, LLP
RA'b"LL G. GALE, ESQUIRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: 7- if -0 K
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Lancaster Neuroscience & Spine Associates
1671 Crooked Oak Drive, Lancaster, PA 17601
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records reports treatment notes, correspondence, diagnostic studies,
radiology films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information including any and all such items that may be stored in a
computer database or otherwise in electronic form relating to the care and treatment of James
Sauerwine d/o/b: 12/7/49 SSN 201-40-1242. This request is for updated records only from
January 2008 to present
at: Thomas Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Lancaster General Hospital, 555 North Duke Street,
Lancaster, PA 17604-3555
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
A copy of all ER reports discharge summaries history and physicals operative reports and
consultation reports including any and all such items that may be stored in a computer database
or otherwise in electronic form relating to the care and treatment of James Sauerwine, DOB:
12/7/49 SSN 201-40-1242. Please also include a copy of your complete billing records from 2000 -
present.
at Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Lancaster General Hospital Dept. of Radiology and Diagnostic Imaging,
555 North Duke Street, Lancaster, PA 17604-3555
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of the x-ray films including CT scans and NM films in your possession of the
cervical spine of James Sauerwine, DOB: 1217/49, SSN 201-40-1242 as well as complete copies of
the radiology reports, handwritten notes, orders, correspondence, memoranda, billing records
(including any records stored in a computer database or otherwise in electronic form) relating to all
radiology studies performed on Mr. Sauerwine.
at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Walter C. Peppelman, Jr., D.O./Pennsylvania Spine Institute,
805 Sir Thomas Court, Harrisburg, PA 17109
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
AU and all medical records reports, treatment notes, correspondence, diagnostic studies,
radiology films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information including any and all such items that may be stored in a
commuter database or otherwise in electronic form. relating to the care and treatment of James
Sauerwine, DOB: 12/7/49, SSN 201-40-1242.
at: Thomas Thomas & Hafer. LLP 305 N Front St P.O. Box 999, Harrisburg PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records HealthSouth Hospitals of Mechanicsburg, 175 Lancaster Boulevard,
Mechanicsburg, PA 17055
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all inpatient and outpatient medical records reports treatment notes, physical therapy
records special procedures clinic records pain management clinic records correspondence
diagnostic studies radiology films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information including any and all such items that may be stored in a
computer database or otherwise in electronic form relating to the care and treatment of James
Sauerwine, DOB: 12/7/49, SSN 201-40-1242.
at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Boa 999, Harrisburg PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Magnetic Imaging Center, 4665 Trindle Road, Mechanicsburg, PA 17050
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete conies of the x-ray films including CT scans and MRI films in your possession of the
cervical spine of James Sauerwine, DOB: 12/7/49, SSN 201-40-1242 as well as complete conies of
all radiology reports, handwritten notes, orders, correspondence, memoranda, billing records
(including any records stored in a computer database or otherwise in electronic form) relating to all
radiology studies performed on Mr. Sauerwine.
at Thomas Thomas & Hafer. LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Susquehanna Valley Pain Management, P.C., 825 Sir Thomas Court,
Suite B, Harrisburg, PA 17109
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records reports treatment notes, physical therapy records, special
procedures clinic records pain management clinic records correspondence. diagnostic studies,
radiology films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information, including any and all such items that may be stored in a
computer database or otherwise in electronic form, relating to the care and treatment of James
Sauerwine, DOB: 12/7/49, SSN 201-40-1242.
at: Thomas Thomas & Hafer, LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999.
You may deliver or mail legible copies of th6466uments'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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Smith Radiology Inc 1515 Bridge Street New Cumberland. PA 17070
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of all cervical spine x-ray films including CT scans and MRI films in your
possession of the cervical spine of James Sauerwine, DOB: 12/7/49, SSN 201-40-1242 as well
as complete conies of all radiology reports, handwritten notes, orders, correspondence,
memoranda, billing records (including any records stored in a computer database or otherwise in
electronic form) relating to all radiology studies performed on Mr. Sauerwine.
at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999. Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT 1D#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records CVS Pharmacy, 1120 Carlisle Road Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
A complete copy of your entire file on James Sauerwine, DOB: 12/7/49, SSN 201-40-1242, relating
to the history of prescriptions filled for James Sauerwine for the period of time from 2000 -
rp esent as well as Pharmacist 's Statement, Customer History Report, telephone messages,
prescriptions, telephone scripts, prescription log/history, order forms, faxes, insurance log/history,
and any and all billing records or payment ledger for James Sauerwine during the same period of
time (including any records stored in a computer database or otherwise in electronic form).
at: Thomas Thomas & Hafer. LLP 305 N Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliane,e,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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Holy Spirit Hospital 503 N. 2151 Street Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things: Any and all medical records for inpatient, outpatient, ER or
clinic care including reports treatment notes correspondence diagnostic studies radiology
films testing results bills insurance forms medication/prescription information including any
and all such items that may be stored in a computer database or otherwise in electronic form,
relating to the care and treatment of James Sauerwine DOB: 12/7/49, SSN 201-40-1242
at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Keystone Spine Center, 3552 Gettysburg Road. Camp Hill. PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correspondence, diagnostic studies,
radiology films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information, including any and all such items that may be stored
in a computer database or otherwise in electronic form, relating to the care and treatment
of James Sauerwine, DOB: 12/7/49, SSN 201-40-1242.
at Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburc PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records PRISM/William A Rolle Jr. M.D., 450 Powers Avenue Rear,
Harrisburg, PA 17109
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correspondence, diagnostic studies,
radiology films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information, including any and all such items that may be stored
in a computer database or otherwise in electronic form, relating to the care and treatment
of James Sauerwine, DOB: 12/7/49, SSN 201-40-1242.
at Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
BY THE COURT:
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF ZERVICE
1, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE
SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
R ND G. GALE, ESQUIRE
Date: l
607459.1
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
/19
/ 44?d 11'!A6
RA "L G. GALE, E QUIRE
Date: -7 - ;- a -?-f
C)
I
t
?t
_ ;1
?Tl
? y
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
FILE NO. 07-2784 Civil Term
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, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached
thereto was mailed to Plaintiffs' counsel on 8/4/08;
(2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this
certificate;
(3) Plaintiffs' counsel has indicated in a letter of August 12, 2008 that he has no objection
to the proposed Subpoena and is willing to waive the remainder of the 20-day notice period in
order to expedite receipt of the records; 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.
THOMAS
& HAFER, LLP
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: CI " 15-68'
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant
FILE NO. 07-2784 Civil Term
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
.DISCOVERY PURSUANT TO RULE 4009.21
TO: Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant 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 no objection is made, the subpoena may be served.
THOMAS, THOMAS & HAFER, LLP
RANPALL G. GALE, ESQUIRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: J J ?/_ o g
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Argires, Becker & Westphal
2150 Harrisburg Pike, Suite 200, Lancaster, PA 17601
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correspondence, diagnostic studies,
radioloF-,y films of the cervical spine, testing results, bills, insurance forms,
medication/prescription information, including any and all such items that may be stored in a
computer database or otherwise in electronic form, relating to the care and treatment of James
Sauerwine, d/o/b: 12/7/49, SSN 201-40-1242.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF SERVICE
1, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE A
SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
RA G. GALE, ESQUIRE
Date: ?- V-0
614552.1
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
Wayne M. Pecht, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
ALL G. GALE, SQUIRE
Date: 5? - a-- ee
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Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
FILE NO. 07-2784 Civil Term
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE x.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoena attached
thereto was mailed to Plaintiffs' counsel on February 18, 2009;
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
certificate;
(3) Plaintiffs' counsel has indicated via email of February 19, 2009 that he has no
objection to the proposed Subpoenas and is willing to waive the remainder of the 20-day notice
period in order to expedite receipt of the records; and
(4) the Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to serve the Subpoenas.
THOMAS, THOMAS & HAFER, LLP
i
RANDALL G. GALE, E SOME
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: ??. 3
Randall G. Gate, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE, FILE NO. 07-2784 Civil Term
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009,21
TO: Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant intends 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 objection is made, the subpoenas
may be served.
THOMAS, THOMAS & HAFER, LLP
461149RU. GAL QUIRE
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: rf le Q 9
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Argires, Becker & Westphal
2150 Harrisburg Pike, Suite 200, Lancaster, PA 17601
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records reports treatment notes correspondence, diagnostic studies,
radiology films of the cervical spine testing results bills insurance forms,
medication/prescription information including _any and all such items that may be stored in a
computer database or otherwise in electronic form relating to the care and treatment of James
Sauerwine d/o/b• 12/7/49 SSN 201-40-1242 from August 1, 2008 - present.
at Thomas Thomas & Hafer LLP 305 N Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Red Cedar Family Practice/James Blacksmith, D.O.
689 Yorktown Road, Lewisberry, PA 17339
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correMondence, diagnostic studies
radiology films, testing results, bills, insurance forms, medication/prescription information
including any and all such items that may be stored in a computer database or otherwise in
electronic form, relating to the care and treatment of James Sauerwine, d/o/b: 12/7/49 SSN 201-
40-1242 from January 2008 - present at:
Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbure PA 17108-0999
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Quantum Imaging & Therapeutic Associates Inc. 405 St. John's -Church
Road Suite 102, Camp Hill PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of the x-ray films including CT scans and NM films in your possession of James
Sauerwine, DOB: 12/7/49, SSN 201-40-1242 as well as complete copies of all radiology reports,
handwritten notes, orders, correspondence, memoranda, billing records (including any records
stored in a computer database or otherwise in electronic form) relating to all radiology studies
performed on Mr. Sauerwine.
at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF `SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE
SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
RA D L G. GALE, ESQUIRE
Date: ? - I k--S
614552.2
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
RAN L G. ALE, -EMOUIRE
Date: 3- 3,, O l
c.
33
co
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant
FILE NO. 07-2784 Civil Term
CERTIFICATE
PRERE rrE TO ZEfW1CE OF P mAS
PURSUANT TO RULE 4!.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoena attached
thereto was mailed to Plaintiffs' counsel on March 11, 2009;
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
certificate;
(3) Plaintiffs' counsel has indicated via letter of March 23, 2009 that he has no objection to
the proposed Subpoenas and is willing to waive the remainder of the 20-day notice period in order
to expedite receipt of the records; and
(4) the Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to serve the Subpoenas.
THOM THOMAS & HAFER, LLP
r
R LL G. GALE, 19-SOTAIkE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
Date: ATTORNEY FOR DEFENDANT
U
Randall G. Gale; Esquire
Attorney # 26149
THOMAS. THOMAS & HAFER, LLP
P.O. Box, 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE, FILE NO. 07-2784 Civil Term
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO -RULE 4009.21
TO: I-Jerhert P. Henderson, Ii, Esgquire
PECHT & ASSOCIATES
55 West. High Street
Elizabethtown, PA 17022
Defendant intends 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 objection is made, the subpoenas
may be served.
THOMAS, THOMAS & HAFER, LLP
RAIUALL G. GALE, ESQUIRE
LD. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: J A4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
vs.
JOSEPH K. CHIARA
Plaintiff,
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Tristan Associates
4518 Union Deposit Road, Harrisburg, PA 17111
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records. reports treatment notes correspondence diagnostic studies
radioloay films or CDs of films, testinp, results, bills insurance forms medication/prescription
information. including any and all such items that may be stored in a computer database or
otherwise in electronic form. relatiny- to the care and treatment of James Sauerwine d/o/b•
12/7/49. SSN 201-40-1242 from September 2007- present at:
Thomas. Thomas & Hafer. LLP, 305 N. Front St. P.O. Boa 999 Harrisburg PA 17108-0999
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: Randall G. Gale, Esquire
ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk. Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff.
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Orthopedic Institute of Pennsylvania
3399 Trindle Road, Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
.Anv and all medical records reports treatment notes correspondence diagnostic studies
radiology films or digital copies on CD, testing results. bills. insurance forms
niedicatioii/prescription information. including any and all such items 'chat may be stoned in a
computer database or otherwise in electronic form. relating to the care and treatment of James
Sauerwine. d/o/b: 12/7/49. SSN 201-40-1242 from November 2007 - present at:
Thomas. Thomas & Hafer, LLP, 305 N. Front St.. P.O. Boa 999. Harrisburg. PA 17108-0999
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 b); 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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street. Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff.
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records. Susquehanna Valley Pain Management. P.C./Harrisburg, Interventional
Pain Management Center, 825 Sir Thomas Court, Suite B, Harrisburg, PA 17109
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Anv and all medical records reports treatment notes physical therapy records special
procedures clinic records, pain management clinic records. correspondence. diagnostic studies
radiology films. testing, results, bills. insurance forms, medication/prescription information
including, any and all such items that may be stored in a computer database or otherwise in
electronic form. relating, to the care and treatment of James Sauerwine, DOB: 12/7/49 SSN 201-
40-1242 from July 2008 - present.
at: Thomas. Thomas & Hafer. LLP, 305 N. Front St.. P.O. Box 999, Harrisburg,. PA 17108-0999
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 1 7 1 08-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Deputy
Prothonotary/Clerk, Civil Division
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
vs.
JOSEPH K. CHIARA
Plaintiff.
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, HealthSouth Hospitals of Mechanicsburg. 175 Lancaster Boulevard
Mechanicsburg, PA 17055
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all inpatient and outpatient medical records. reports. treatment notes physical therapy
records. special procedures clinic records. pain management clinic records correspondence
diagnostic studies, radiology filins of the cervical spine. testing results bills insurance forms
medication/prescription information, including any and all such items that may be stored in a
computer database or otherwise in electronic form. relating to the care and treatment of James
Sauerwine. DOB: 12/7/49. SSN 201-40-1242 from Au`ust 2008 -present.
at: Thomas. Thomas R. Hafer. LLP, 305 N. Front St.. P.O. Boa 999. Harrisburg PA 17108-0999
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg. PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWI TE
and ARLENE B. SAUERNWINE
Plaintiff.
VS.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Drayer Physical Therapy Institute. 5108 E. Trindle Road Suite 200
Mechanicsburg, PA 17050
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records, reports, treatment notes, correspondence, diagnostic studies,
radiology films of the spine, testing results, physical therapy records, bills, insurance forms,
medicat oaa/prescrip ion info rir,adon, including any and all such items that ;ueay be stored
in a computer database or otherwise in electronic form, relating to the care and treatment
of James Sauerwine, DOB: 12/7/49, SSN 201-40-1242.
at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Boa 999. Harrisburg. PA 17108-0999.
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 part), 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: Randall G. Gale, Esquire
ADDRESS: P.O. Boa 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk. Civil Division
Deputy
CERTIFICATE OF SERVICE
1, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE
SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, It, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
1
rRA ALL G. GALE, ESQUIRE
Date: ??6 ??
614552.3
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
RAN L G. GAL 0UIR
Date: 1--3 &,- 61
RLF -; -? E
OF THE i ",h!^TARY
2009 AR 31 All 11: 5 4
;
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
FILE NO. 07-2784 Civil Term
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, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached
thereto was mailed to Plaintiffs' counsel on May 14, 2009 which is 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.
MAS & HAFER, LLP
Date: 6-- k"- 4?
RAN94L-L G. GALE, ESQUIRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
FILE NO. 07-2784 Civil Term
JOSEPH K. CHIARA
Defendant.
NOTICE OF INTENT TO SERVE A'SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT`TO RULE 4009.21
TO: Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant 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 no objection is made, the subpoena may be served.
THOMAS ZHOMAS & HAFER, LLP
J
RA D L G. GAL , ESQUIRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: ?-r( q -0 q
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
NO. 07-2784
CIVIL ACTION - LAW
JOSEPH K. CHIARA
Defendant.
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records York Hospital, 1001 S. Geor e Street York PA 17405-7187
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records reports treatment notes correspondence diac'nostic studies
radiology films or CDs of films testing results bills insurance forms, medication/prescription
information, including anand all such items that ma be stored in a computer database or
otherwise in electronic form relating to the care and treatment of James Sauerwine d/o/b:
12/7/49. S SN 201-40-1242 from 2000 to present at
Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
4. 1
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE A
SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
7
RA D L G. GALE, ESQUI
Date: 5-1Z11-'!9 C
614552.5
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
RA A--2
LL . GALE, ESQUIRE
Date: d- ke
FILEDXD; SCE
OF THE Pr's M",`NI OTAPY
2009 JUN -9 PM 12, 41
PENN`aY LV "vA
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
Defendant.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
ATTORNEYS FOR DEFENDANT
FILE NO. 07-2784 Civil Term
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, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached
thereto was mailed to Plaintiffs' counsel on May 13, 2009 which is 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.
THOMAS, THOMAS $ HAFER, LLP
Rfi(ND4kf G. GALE, ESQUIRE
I.D. 149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
Date: &,?t? ATTORNEY FOR DEFENDANT
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant
FILE NO. 07-2784 Civil Term
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERYPURSUANT TO RULE 4009.21
TO: Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant 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 no objection is made, the subpoena may be served.
THOMAS, THOMAS & HAFER, LLP
RA DAL G. ALE, E
I.D. 149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: 3
AD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
JOSEPH K. CHIARA
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records Nationwide Auto Claims P. O. Box 69600, Harrisburg, PA 17106-9600
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
A complete copy of the first-party claim file without limitation regardin your insured James H
Sauerwine. DOB 12/7/49 (Claim Number 5837PE01844611300851) arisma out of a motor vehicle
accident on or about November 30 2008, including, but not limited to: application for benefits physician 's
statement,
s wage verifications policy declarations page(s) showing coverage or tort option elections
summaries of payments made. first party benefit payout logs and any information regarding any liens
asserted by any entities medical records and reports bills Peer Review reports IME reports and
correspondence and all other documents and things without limitation
at Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999,305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
t
RAN G. GALE, ESQUIRE
Date:- "1
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
RAN A G. GALE, ESQUIRE
Date: k, ;-kfs
DF ty?tEO..?,, -?,?,
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r.?.?,?rry,,?
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??
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
JOSEPH K. CHIARA
Defendant.
FILE NO. 07-2784 Civil Term
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that
(1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached
thereto was mailed to Plaintiffs' counsel on June 29, 2009;
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this
certificate;
(3) Attorney Henderson has indicated via email of July 9, 2009 that he has no objection to
the proposed Subpoenas and is willing to waive the remainder of the 20-day notice; and
(4) the Subpoenas which will be served are identical to the Subpoenas which are
attached to the Notice of Intent to serve the Subpoenas.
THOM , THOMAS & HAFER, LLP
R N L G. G , SQUIRE
1. .2614159
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
l 3 ?? ATTORNEY FOR DEFENDANT
Date:
Randall G. Gale, Esquire
Attorney # 26149
THOMAS, THOMAS & HAFER, LLP
P.O. Box 999
Harrisburg, PA 17108-0999
ATTORNEYS FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE,
Plaintiffs
vs.
FILE NO. 07-2784 Civil Term
JOSEPH K. CHIARA
Defendant.
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
Defendant intends 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 objection is made, the subpoenas
may be served.
THOMAS, THOMAS & HAFER, LLP
4(61
7L
RAN A . GAL -E, ES IRE
I.D. 26149
305 NORTH FRONT STREET
P.O. BOX 999
HARRISBURG, PA 17108-0999
(717) 255-7648
ATTORNEY FOR DEFENDANT
Date: ?-;q- C ?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
vs.
JOSEPH K. CHIARA
Plaintiff,
Defendant.
NO. 07-2784
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, Olivetti Chiropractic, 856 Century Drive, Suite C, Mechanicsburg, PA
17055
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Any and all medical records reports treatment notes correspondence diagnostic studies
radiology films, testing results bills insurance forms medication/ prescription information
including any and all such items that may be stored in a computer database or otherwise in
electronic form, relating to the care and treatment of James Sauerwine d/o/b 12/7/49 SSN 201
40-1242 at.
Thomas Thomas & Hafer, LLP. 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
Sea] of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES H. SAUERWINE
and ARLENE B. SAUERWINE
Plaintiff,
vs.
NO. 07-2784
CIVIL ACTION - LAW
JOSEPH K. CHIARA
Defendant.
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records, John Pikulin, D.C., 221 Bridge Street, New Cumberland, PA 17070
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Anv and all medical records, reports treatment notes correspondence diagnostic studies
radiology films. testing results bills insurance forms medication/prescription information
including any and all such items that may be stored in a computer database or otherwise in
electronic form. relating to the care and treatment of James Sauerwine d/o/b• 12/7/49 SSN 201
40-1242 at:
Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Boa 999, Harrisburg, PA 17108-0999.
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: Randall G. Gale, Esquire
ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7648
SUPREME COURT ID#: 26149
ATTORNEY FOR: Defendant
DATE:
BY THE COURT:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE
SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21 on the following person(s), by depositing the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP SRAN L G. 4QUIRE
, Date: f?
614552.6
CERTIFICATE OF SERVICE
I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the
same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
Herbert P. Henderson, II, Esquire
PECHT & ASSOCIATES
55 West High Street
Elizabethtown, PA 17022
THOMAS, THOMAS & HAFER, LLP
i`
RA L G. AL U R 18
Date: /-/ 314 ?
?? ?;?,?Y
?? Tu._
?v
-,-,,
,,, ._.
?-
PECHT & ASSOCIATES, PC .
Herbert P. Henderson, II, Esquire CQ 1 Q A P
PA ID No.: 56304 AM 11:
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055 G; f
'?FYt 7
(717) 691-9808 {
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JAMES H. SAUERWINE, and
ARLENE B. SAUERWINE
217 Allendale Way
Camp Hill, PA 17011
Plaintiff
VS.
JOSEPH K. CHIARA
113 Shetland Drive
Hummelstown, PA 17036
Defendant
FILE NO. 07-2784
CIVIL ACTION
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE, SATISFY and DISCONTINUE
To: David Buell, Prothonotary
Kindly mark the docket with regard to the above-referenced matter, Settled, Satisfied and
Discontinued.
Respectfully submitted,
PECHT & ASSOCIATES, PC
April 28, 2010
Herbert P. Henderson, II, Esquire
PA ID No.: 56304
Attorney for Plaintiff
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
(717) 691-9808