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HomeMy WebLinkAbout01-6221BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALD1NGER, SR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : PERSONAL INJURY : : JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONg TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter against the above-named Defendants. The Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., have the following addresses: JAMIE L. ALDINGER 209 North Front Street Summerdale, PA 17093 WILLIAM L. ALDINGER, SR. 23 Pine Ridge Circle Enola, PA 17025 Dated: October 30, 2001 LAW OFFICE OF BRUCE A. GROVE, JR. Brace A. Grove, frS. ] Supreme Court I.D. No. 15502 110 Lexington Road York, PA 17402 (717) 747-9351 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland BRYAN HcCLOUD, JAMIE L. ALDINGER 209 North Front Street Summerdale, PA 17093 WILLIAM L. ALDINGER, SR. 23 Pine Ridge Circle Enola, PA 17025, Plaintiff Defendants Court of Connnon Pleas In CIVIL ACTION - LAW T~ Jamie L. Aldinoer and Willia · ................... ~ ............... You are hereby notified that Bryan McCloud, the Plaintiff, has commenced an action in ___C_i_v_i_l Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date October 30, 2001 SHERIFF'S RETURN - CASE NO: 2001-06221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLOUD BRYAN VS ALDINGER JAMIE L ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ALDINGER WILLIAM L SR the DEFENDANT , at 1418:00 HOURS, at 23 PINE RIDGE CIRCLE ENOLA, PA 17025 WILLIAM ALDINGER SR on the 31st day of October , 2001 by handing to true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 26.40 Sworn and Subscribed to before me this /3~- day of ~ ~2~f A.D. l~r6thonot ary So Answers: R. Thomas Kline ii/06/200i BRUCE GROVE JR By: ~ D~puty Sheriff SHERIFF'S RETURN CASE NO: 2001-06221 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLOUD BRYAN VS ALDINGER JAMIE L ET AL - REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to 'law, says, the within WRIT OF SUMMONS was served upon ALDINGER J~4IE L the DEFENDANT at 209 FIRST ST at 1800:00 HOURS, on the 5th day of November , 2001 SUMMERDALE, PA 17093 DIANE BROOKS, MOTHER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this /$~i~- day of ~ ~ A.D. Pr6thonotary So Answers: R. Thomas Kline 1/06/2001 BRUCE GROVE JR Deputy Sheriff 1N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR THE ENTRY OF APPEARANCE TO THE PROTHONOTARY, Curtis R. Long: Please enter the appearance of Stetler & Gribbin as attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. Dated: Respectfully submitted, /By: ~~/~ ~..~45~vi'd M!qls, Esqmre'~ Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing PRAECIPE FOR THE ENTRY OF APPEARANCE by first-class mail, postage prepaid on the following: Brace A. Grove, Jr., Esquire 100 Lexington Road York, PA 17402 Dated: ~R & GRIBBIN DaVid Mills, Esquire. Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY, Curtis R. Long: Please enter a role upon Plaintiff, Bryan McCloud, on the instance of Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., to file a Complaint in the above case on twenty (20) days notice to Plaintiff or his counsel of record, or judgment of non pros seq. leg. Dated:(~co .//~t~mSq~ EXgOc~ l Respectfully submitted, 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a tree and correct copy of the foregoing PRAECIPE FOR RULE TO FILE A COMPLAINT by first-class mail, postage prepaid on the following: Dated: Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 ~R & GR~BBIN / By: _~~~ 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW RULE A Rule is entered upon you to file a Complaint in the above-captioned matter within twenty (20) days or judgment of non pros seq. leg. Date~o~/4. oTLC~O I Prothonotary-Civil Division BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6221 CIVIL TERM : : CIVIL ACTION - LAW : : PERSONAL INJURY : : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aiter this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6221 CIVIL TERM CIVIL ACTION - LAW : PERSONAL INJURY : : JURY TRIAL DEMANDED NOTICE TO DEFEND AND NOW, comes the Plaintiff, BRYAN McCLOUD, by his attorney, Bruce A. Grove, Jr., and files the within Complaint in the above-captioned matter, respectfully representing as follows: 1. Plaintiff, BRYAN McCLOUD, is an adult individual residing at 612 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Jamie L. Aldinger, is an adult individual residing at 209 North Front Street, Summerdale, Cumberland County, Pennsylvania 17093. 3. Defendant, William L. Aldinger, Sr., is an adult individual residing at 23 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania 17025. He is the father of Jamie L. Aldinger. On October 31, 1999, at or about 4:04 a.m., and for some time prior thereto, Defendant, William L. Aldinger, Sr., was a co-owner with his daughter, a Defendant herein, ora 1999 Kia (Sophia) sedan automobile that on that day was being steered and operated by his daughter, with his express and implied consent and knowledge on Interstate 83, Swatara Township, Dauphin County, Pennsylvania. Defendant William L. Aldinger, Sr., in violation of his duties as prescribed by the Statutes of the Commonwealth of Pennsylvania, through the Defendant, Jamie L. Aldinger, his daughter, drove his automobile carelessly, heedlessly, and in willful and wanton disregard of the rights and safety of Plaintiff, as the subsequent paragraphs of this Complaint more fully set forth, which factual allegations are incorporated herein as if specifically set forth. FACTUAL BACKGROUND 4. Paragraphs 1 through 3 are incorporated herein by reference as if fully set forth. 5. On Sunday, October 31, 1999, at approximately 4:04 a.m., Plaintiff, Bryan McCloud, was a passenger in a 1999 Kia (Sophia) sedan automobile operated by Defendant, Jamie L. Aldinger; on October 31, 1999, this vehicle bore Pennsylvania license number PA-BW13008. 6. Jamie L. Aldinger was proceeding North in the passing lane on Interstate 83, at a high rate of speed, and in Swatara Township, Dauphin County, Pennsylvania, when she lost control of her Kia automobile and spun in a clockwise direction, traveling across the right lane of Interstate 83 and the Exit 26 "on" Ramp to Interstate 83 where the Kia impacted a cyclone fence located along the East berm of Interstate 83. After the imtial impact, the Defendants' Kia continued to spin in a clockwise direction before coming to final rest on the East berm of Interstate 83. 7. The aforesaid collision caused the Plaintiff to be violently "thrown around" in the Kia, with his head and body violently colliding with the inside portions of the automobile in which he was a passenger, thereby resulting in the Plaintiff sustaining severe personal injuries and damages. 2 8. This automobile collision occurred as a result of the negligence and recklessness of the Defendant, Jamie L. Aldinger, and was due in no manner to any act, or failure to act, on the part of Bryan McCloud. COUNT I 9. Paragraphs 1 through 8 are incorporated heroin by reference as if fully set forth. 10. As a direct and proximate result of the aforesaid Kia automobile collision, Bryan McCloud suffered physical and personal injuries, as well as economic loss, and an impairment of earning capacity, all caused by the negligence, carelessness and recklessness of the Defendant, Jamie L. Aldinger, as set forth below: 11. The negligence, carelessness and recklessness of the Defendant, Jamie L. Aldinger, consisted of the following: a. failing to properly operate and control her vehicle; b. exceeding the speed limit; c. operating her vehicle too fast for the conditions then and there existing, in violation of 75 Pa. C.S. § 3361; d. failing to drive her vehicle at a speed enabling her to stop within the assured clear distance ahead in violation of 75 Pa. C.S. § 3361; e. operating her vehicle with a careless and reckless disregard for the safety of others, Bryan McCloud in particular, in violation of 75 Pa. C.S. § 3714; f. failing to notice the imminence of an accident and to take the necessary steps to avoid the same; and 3 g. failing to exercise due care under the circumstances. 12. As a direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Bryan McCloud suffered injuries of a severe, painful, serious and possibly permanent nature. These injuries include but are not limited to: a. cervical spine strain; b. lumbosacral strain and pain; c. severe neck pain and headaches; d. limited range of motion in the cervical thoracic, lumbosacral, sacroiliac and parascapular regions; e. severe muscle spasms; and f. numerous abrasions and contusions. 13. As a further direct and proximate result of the aforesaid negligent conduct of Defendant(s), Plaintiff Bryan McCloud has been obligated to receive and undergo medical and/or chiropractic attention, care and expenses for the injuries he has suffered and may be obligated to continue to do so for an indef'mite time in the future. 14. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has suffered a loss of earnings and/or impairment of his earning capacity and power. 15. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has suffered medically determinable physical impairments which have prevented him from performing all the normal acts and duties which constitute his usual and customary daily activities. 4 16. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 17. As a further direct and proximate result of the aforesaid negligent conduct of the Defendant(s), Plaintiff Bryan McCloud has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Bryan McCloud, demands judgment jointly and severally against Defendant Jamie L. Aldinger, and Defendant, William L. Aldinger, Sr., in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.C.P. No. 1021 (c), together with interest, costs of suit, and delay damages, if applicable, and all other damages as allowed by Pennsylvania law. Dated: December 21, 2001 Respectfully submitted, LAW OFFICE OF BRUCE A. GROVE, JR. Bruce A. Grove, Jr., Esquire Attorney I.D. #15502 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff I, BRYAN McCLOUD , verify that the statements made in this COMPLAINT ale true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: December 21, 2001 ( x ) Plaintiff ( ) Defendant CERTIFICATE OF SERVICE I hereby certify that on this 21st day of December, 2001, a tree and correct copy of the foregoing Complaint was served by means of the United States mail, first class, postage prepaid, upon the following person: David A. Mills, Esquire Stetler & Gribbin 138 East Market Street York, PA 17405 Attorney for Defendants Bruce A. Grove, Jr., Esquire ! IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, : Plaintiff : L. Aldinger and : William L. Aldinger, Sr., : Defendants : NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ~URSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: (~ IN TI-IE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -V8- Jamie L. Aldinger and William L. Aldingar, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, R & GRIBBIN/ Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants C~TH OF p~V~ Bzyan McCloud, Plaintiff Jamie L. Aldinger and William L. A~dinger, Sr., Defendants File No. 01-6221 SUBPOENA TO PROCXJCE ~NTS OR THIN(3S FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: OneBeaco~r 100 Corporate Center D~ive, PO Box 8851, Camp Hill, PA 17001-8851 (Nan~ of Person or Entity) within twenty (20) days after service of this subpoena, you ere ordered by the court to p~oduce the followin<j documents or things: at 138 East Market Street, York, PA 17401. (Address) You may deliver or mail legible copies of the doczz~ents or produce things requested by this subpoena, together- with the certificate of oc~'~liance, to the pa~ty mekin9 this request at the address listed above. You have the right toseek in advance the reasonable cost of preparir~j the cc%oies or producing the things sought. If you fail to produce the do--ts or things required by this sub~x~-na within twenty (20) days after i£s service, the pamty serving this sub~',a may seek a c~Jrt ord.' ccmsellir:g you to ccmply with it. THIS SUBPOENA WAS ISSUED AT THE REC~3EST OF THE FOCLOWING PERSON: NABS: David Millsr Esquire ADORESS: 138 East Market Street York, PA 17401 TELEPHONE: 717-854-9506 SUPRE]'~ COURT ID ~t 37192 A 1-1'O~NEY FO~: Defendants BY TI-~COURT: I)ATE: Seal of the Court Prothonotary/Clerk, Civil Divisio~ Deputy (Elf. 1/97) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: OneBeacon (formerly General Accident and CGU) 100 Corporate Center Drive PO Box 8851 Camp Hill, PA 17001-8851 ATTENTION: DENISE MONTGOMERY Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL papers, notes, correspondence, bills, payments, and other documents, including statements, log notes, medical records, reports and bills and all other papers and documents comprising the complete claims file, subrogation file, and investigation file regarding the injuries to the following Claimant: Narlle: Address: Date of Birth: Social Security No.: Claim No.: as well as Brian McCloud afk/a Andre James Bellany a/k/a Andre James Bellamy 612 Magaro Road Enola, PA 17025 and/or 2711 Reel Street Harrisburg, PA 17110 October 8, 1978 209-58-8238 and/or 173-52-2985 PIP 93686225 AC to ~ and ~LL color photographs, Polaroid snapshots, and negatives for the photographs, of damage to the vehicle of the Claimant, more particularly described as follows: Vehicle Identification Number: Plate Number: Vehicle Make and Model: Date of Incident: 53398556 Pennsylvania BWJ3008 1999 Kia Sephia October 31, 1999 as well as 3. ANY and ~ color photographs, Polaroid snapshots, and negatives for the photographs, of tbe vehicle registered to William Aldinger and allegedly driven by Jamie L. Aldinger. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ~~BB~~,~TLER & GRIBB _. 45 vid M;lls, Esqnir[ Attorney for Defenders_ IN THE COURT OF COMlVlON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and Wilham L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TFflNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Supreme Court No. 37192 138 East Market SU'eet PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants O3~TH OF PE~~ Bryan McCloud, Plaintiff Jamie L. Aldinger and William L. A~dinger, Sr., Defem~lants : File No. 01-6221 SUBPOENA TO PROOUCE DOCU'~NTS OR THINer. DISCOVERY PURSUANT TO RULE 4009.2? TO: Pinnacle Health @Polyclinic Hospital, Corina R. O'Burn, MPT, 2601 North 3rd Street (Name of Person or Entity) Harrisburg, PA within twenty (20) days afte~ sem¥ice of this subpoena, you aneordePed by the cou~t to produce the followin9 doc~ts or things: at 138 East Market St~L, York, PA 17401. (Address) You may deliver or mail le<3ible copies of the documents or produce things requested by this subpoena, together, with the cemtificate of c~,~liance, to the party making this request at the add~ess l!~ted above. You have the right to seek in advance the reasonable cost of preparirl~ the copies or producing the thirds sought. If you fail to produc~ the doc~ts or things required by this $~ within twenty (20) days afber its service, the party serving this subpo~',amay seek a c~Jrt orde- ccn~ellir:g you to comply with it. THIS SL~POENAWAS ISSUED AT THE REC~JESTO~ THE FOLLONING PERSON: NA~E: David Mills, Esguire ~DORESS: 138 ~t Market Street York, PA 17401 TELEPHONE: 717-854-9506 SUPREPE COURT ID ~ 37192 A~-FO~NEY FOR: Defendants BY~IE COURT: CATE: Seal of the Court Prothonotary/Clerk, Civil Divis'ien oeputy (Elf. 7'/97) 1N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -V$- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: Pinnacle Health ~Polyclinic Hospital Corina R. O'Bum, MPT 2601 North 3~ Street Harrisburg, PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 October 8, 1978 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. Address: Date of Birth: Social Security No.: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intern to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~~G~TLER & GRIBB aTvid hills, Esqui(e Attorney for Defend'ants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Supreme Court No. 37192 138 East Market Slreet PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants C~TH OF PENNSYLVANIA Bryan McCloud, : Plaintiff : v. : Fi le No. Jamie L. Aldinger and William L. : A~dinger, Sr., : 01-6221 --SUBPOENA TO PROOUCE DCX2ZJ,~NTS O~ 'l'l-lt~,~. FO~ DISCOVERY PURSLIANT TO RULE 4009.:~? TO: Do~na Testa, MD, Penn State Geisinger, 845 Fishburn Road, Hershey, PA 17033 (Name of Person or Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the count to omoduce the fo] ]owir~ doctn~nts o~ things: S~:.: AT~AC~m~T TO SUBPOENA. at 138 East Market Street, York, PA 17401. ------------- (Address ) You may de;ive~ o~ mai] legible cooies of the documents or produce things meQuested by this subpoena, to~ether- with the certificate of ox,~]iance, to the pa~ty makin9 this request at the address }'.'.'-ted above. You have the right to seek in advance the reasonab]e cost of prepa~in9 the copies o~ p~oducing the things sought. If you fail to pmoduc~- the doc~ts o~ things mequired by this sub~3~a within twenty (20) days efte~ its service, the pamty serving this sub~',a may seek a ccn~Sellir:g you to cc~p]y with it. THIS SUBPOENA WAS ISSUED AT ~ REQUEST OF 7~E[ FOi. LOWING PERSON: NAPE: David Millsr Esguire ADORESS: 138 East Market Street Y_oFk, PA 17401 TELEPHCNE: 717-854-9506 SUPREME COURT ID ~ 37192 A]-T(~RNEY FOR: Dafemc]mnts BY'thE COURT: DA TIE: Seal of the Court -- -- Prothonotamy/Cle~k, Civil Oeputy (Elf. 7/97) IN THE COURT OF COIVIIVION PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan M¢Cloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACHMENT TOSUBPOENA To: Donna Testa, MD Penn State Geisinger 845 Fishburn Road Hershey, PA 17033 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x.rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy Address: 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 Date of Birth: October 8, 1978 Social Security No.: 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2?, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Attorney for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANLA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Alclinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants ~TH OF PI~V~ Bryan McCloud, : Plaintiff : v. : Fi le No. Jamie ~.. Aldinger and William T,. A~nger, Sr., : 01-6221 _-.~JBPOENA TO PROOUCE DOCENTS OR TH I N(~ DISCOVERY PURSUANT TO ~RIJLE 4009.?? TO: Michael Wiecks, 1~, Capital Area Pain Management, 2447 North 3rd StreW1;, Harrisburg, iN,me of Person or Entity) PA 17110 -- Within twenty (20) days after service of this subpoena, you are ordered by the court to ~roduce the fo)lowing doC~ts or things: at 138 East Market Street, York, PA 17401. (Address) You rlk~y de;iver or mail legible copies of the docunents or produce things mequested by this subpoena, together, with the certificate of cc~liance, to the party making this request at the address listed above. You have the right to seek in advanc.*, the teazle cost of preparing the copies or pmoducing the things sought. If you fail to produce the documents or things required by this subp~m~ within twenty (20) days after i(:s Pervice, the party serving this subpoer,a m~y seek a c~Jrt order- COT(Selling you to co,~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMIE: David Mills, Esquir~e ~3ORESS: 138 East Market Street York, PA 17401 TELEPHONE: 71 7-854-9506 SUPREPE ODLRT ID If 37192 A1-FORNEY FOR: Defendants BY T)..~ COURT: DATE: Sea) of the Oourt Prothonotary/Clerk, Civil Divisi~ ~uty (Elf. 7'/97 ) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACI-IMENTTOSUBPOEN~ To: Michael Wiecks, MD Capital Area Pain Management 2447 North 3~d Street Harrisburg, PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Address: Date of Birth: Social Security No.: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 October 8, 1978 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff ~VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.27, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) Date: the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. X~A t t~ir~d e~v 1 l¥los; DE ;q~ 1 r ' o%' or IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan MeCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days fi:om the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Dated:~>~~ '" ~ Respectfully submitted, R & GRIBB~// Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants OD~TH OF P]~%INSYLVANIJ% Bryan McCloud, Plaintiff : : v. : File No. Jamie L. Aldinger and William L. : A~dinger, Sr., Defendants 01-6221 _.SUBPOENA TO PROOUC~ DOCtbIENTS O~ THIN~ F__O~ DISCOVERy PURSUANT TO RULE 4009..2__~2 TO: Polyclinic Physical Therapy, 2601 North 3rd street, Harrisburg, PA (Name of Person o~ Entity) 17110 within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the COUrt to produce the following docunents o~ things: SEE ATTAC~ TO SUBPOENA. at 138 East Market Street, York, PA 17401. (Address) Yo~ may de;ivac o~ mail legible copies of the doctrne~ts or produce things requested by this subpoena, together- with the certificate of co,~)iance, to the pa~ty making this request at the addre, ss l!~ted above. You have the right to seek in advance the reasonable cost of prepa~ing the copies oc producing the things sought. If you fail to produce the doc~ts o~ things required by this subl3oen~ within twenty (20) days afte~ its senvice, the pa~ty serving this subpoerm may seek a o~Jrt o~de- ccniSellir:g you to co,wly with it. THIS SUBPOENA WAS ISSUED AT ~ REQUEST OF ~ FO(-LOWING PERSON: NAt~: David M/lls, Esguire ADORE$S: 138 East Market Street York, PA 17401 TELEPHONE: 717-854-9506 SUPRE~ COURT ID ~ 37192 ATTORNEY FOR: Defendants OATE: Seal of the (k x Jrt BY THE COL~T: Prothonotary/Clerk, Civil Division Oeputy (Elf. 7/97) 1N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, : NO. 01-6221 Plaintiff : : CIVIL TERM -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: Polyclinic Physical Therapy 2601 North 3rd Street Harrisburg, PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Address: Date of Birth: Social Security No.: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 October 8, 1978 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Attorney for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan MeCloud, Plaintiff -V$ - Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Supreme Court No. 37192 138 East Market Slreet PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants COt~VJDNWEALT~ OF Pt~NNSYLVANIA · ~yan McCloud, Plaintiff VJ Jamie L. Aldinger and William L. AE~linger, Sr., Defemdmnts File No. 01-6221 SUBPOENA TO PROOUCE DOC:LitErs OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.2? TO: Christopher Cannon, ~D, Rehabilitation Medicine Team, PC, 2645 North 3rd Street, (Name of Pe~so~ o~ Entity) Suite 340, Harrisburg, PA t7~10 Within twenty (20) days afte~ sePvice of this subpoena, you a~e o~de~ed by the court to Im~duce the fo] )~in9 d~ts ~ things: s~a~ ATUAC~ TO SUBPOEI~A. at 138 East Market St~-~t, York, PA 17401. (Address) Y~ ~y de;iv~ ~ ail legible copi~ of the ~ts ~ produce ~ings requested by this subP~a, togeth~l with the c~tifi~te of COTO)i~ce, tO the p~t¥ n~ing this request at ~e address )i~t~ ~ve. Y~ have the ri~t b s~k in advmcs the retie cost of prepping ~e =ies m pr~ucing the ~ings s~ght. If y~ fail ~ p~uc~ the ~ts ~ ~ings re~ir~ by ~is s~ within tw~ty (20) ~s aft~ it~ s~virz, ~e p~ty s~ving this s~',a m~y s~k a~Jrt~d~- ~ellir:g y~ ~ly with it. THIS SUBPC6NAWAS ISAJED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: David Millsr Esquire ADOREss: 138 East Market Street York, PA 17401 TELEPHONE: 717-854-9506 SL~REt~E COURT ID ~ 37192 ATTORNEY FOR: Defe~ts I)A TE: Sea) of the Ck~rt BY 'THE CC~JRT: Prothonotary/Clerk, Civil Divis'i~ (Elf. ?/97) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To~ Christopher Cannon, MD Rehabilitation Medicine Team, PC 2645 North 3ra Street, Suite 340 Harrisburg, PA 17110 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following: Name: Brian McCloud aIk/a Andre James Bellany a/k]a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 October 8, 1978 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. Address: Date of Birth: Social Security No.: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) Date: the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. uire IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -rs- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CWIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas may be served. Respectfully submitted, Supreme Court No. 37192 138 East Market SU'eet PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants CO--TH OF PENNSYLVANIA CO--OF Ct~ BzYa~ McCloud, Plaintiff : v. : Fi ]e No. 01-6221 Jamie L. Aldinger and William L. : A~er, Sr., : _SUBPOENA TO PROOUCE DOCU~NTS Oe THINC~ _FO~ DISCOVERY PURSUANT TO RULE 4009.2y TO: Holy Spirit Hospita]~ 503 North 21st Streetr Camp Hill~ PA 17011 (N~ne of Person or Entity) Within twenty (20) days afte~ service of this sub0oeoa, you ane o~dePed by the court to oc~duce the foJ Jowin~ docu~ts o~ things: SEE ATtACHmENT TO SUBPOENA. at 138 East Market Stree~t( York, PA 17401. (Address) Yo~ may de~ive~ o~ maiJ legible copies of the doc~nents c~ produce ~hinSls ~equested by this subooe~a, to~ether- with the cemtificate of cc~Dliance, to the pa~ty making this ~equest at the add~ess l~sted above. You have the right to seek in advance the measo~able cost of preoa~ing the copies or Dr'oducing the things sought. If you faiJ to pmoduc~ the doctam~ts o~ things me~uimed by this subpoena within twenty (20) days afte~ its semvice, the pamty serving this sub~'la may seek a ex,Jrt ccnisellir:g you to cu,ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: N~IE: David Millsr Esquire ADORESS: 138 East Market Street York, PA 17401 tELEPHONE: 717-854-9506 SUPRE~ COURT ID ~ 37192 ATTORNEY FOe: DefeD~lants BY THE COURT: i)ATE: Seal of the Count Prothooo~y/Ol~k, Civil Divisi~ Deputy (Eff. 7/97) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To: Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, copies of x-rays, x-ray reports, MRI scans, MRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Name: Brian McCloud a/k/a Andre James Bellany a/k~a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel S~eet, Harrisburg, PA 17110 October 8, 1978 209-58-8238 and/or 173-52-2985 at all times, from birth to the present. Address: Date of Birth: Social Security No.: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW TO: Bryan McCloud c/o Brace A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 You are hereby notified to file a written response to the enclosed Answer of Defendants with New Matter within twenty (20) days from service hereof or a judgmec~t may be entered against you. ~"~ ~ ~ GRJ. BBIN // k,,.._~/~ax3id Mi q ' Supreme Court No. 37~f92 138 East Market Street P.O. Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff -VS- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 2nd day of January 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who answer the Complaint with New Matter and Counterclaim as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 2. Admitted in part. Defendant, Jamie L. Aldinger, resides at 209 North Front Street, Summerdale, Pennsylvania, 17093. Denied in part. Defendant, Jamie L. Aldinger, was born on March 4, 1981. 3. Admitted in part. Defendant, William L. Aldinger, Sr., is an adult individual, residing at 23 Pine Ridge Circle, Enola, Pennsylvania, 17025. Denied in part. Defendant, William L. Aldinger, Sr., is the grandfather of Jamie L. Aldinger. The remainder of the averment is denied. 4. The answers to the allegations in paragraphs 1 through 3 are incorporated herein by reference thereto. 5. Admitted in part. On Sunday, October 31, 1999, Defendant, Jamie Aldinger, operated a 1999 Kia Sephia, registered in Pennsylvania to plate No. BWJ-3008, and was involved in an accident. The remainder of the averment is denied. 6. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied. The allegation is a conclusion of law to which no answer is required. 9. The answers to paragraphs 1 through 8 are incorporated herein by reference thereto. 10-17. Denied. WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, dismissing the Complaint with Prejudice. 18. The allegations of fact contained in the answer are incorporated herein by reference thereto. 19. Defendant, Jamie Aldinger, was a minor on October 31, 1999 for the purpose of consuming alcoholic beverages. 20. Plaintiff, Bryan McCloud, was born on October 8, 1978. 21. On October 30, 1999, Plaintiff, Bryan McCloud, is believed to have been 21 years of age and an adult for the purposes of purchasing and consuming alcoholic beverages. 22. On October 30, 1999, Plaintiff, Bryan McCloud, was residing with Chuck McGuigen at 4225 Roth Lane, Apartment 115 in Mechanicsburg, Pennsylvania. 23. On October 30, 1999, Plaintiff, Bryan McCloud, furnished alcoholic beverages to Defendant, Jamie Aldinger, repeatedly at the aforesaid premises. 24. On the night of Saturday-Sunday, October 30-31, 1999, Chuck McGuigan warned Plaintiff, Bryan McCloud, and others not to leave the premises and not to drive. 25. On the night of Saturday-Stmday, October 30-31, 1999, Plaintiff, Bryan McCloud, heard Chuck McGuigen warn him against leaving the premises and driving because the driver, Defendant, Jamie Aldinger, and others had consumed alcoholic beverages. 26. If Plaintiff, Bryan McCloud, were an unidentified passenger of the 1999 Kia Sephia on the morning of Sunday, October 3 I, 1999, he was seated behind the driver, Defendant, Jamie Aldinger, and interfered in her operation of the motor vehicle by tickling her and pulling her hair. 27. Plaintiff, Bryan McCloud, is believed to have been the passenger who was seated behind the driver, Defendant, Jamie Aldinger, who interfered with her operation of the motor vehicle by tickling her and pulling her hair. 28. Plaintiff, Bryan McCloud, is believed to have been a passenger of the motor vehicle and is believed to have lied to the investigating officer, Corporal Timothy J. Golletti, identifying himself not as Bryan McCloud, but as Andre James Bellamy, giving a false address of2711 Reel Street, Harrisburg, Pennsylvania, 17110 and lying about his age, which he reported to the investigating officer as 19 years of age. 3 29. 30. 31. 32. Plaintiff, Bryan McCloud, has never had a lawful job. Plaintiff, Bryan McCloud, has suffered no loss of earnings. Plaintiff, Bryan McCloud, has not had his earning capacity impaired. The accident on Sunday, October 31, 1999, was caused by the actions of Plaintiff, Bryan McCloud, who, as an adult, furnished alcohol to a minor, which is negligence per se. 33. The injuries, if any, that Plaintiff, Bryan McCloud, sustained if he were, in fact, a passenger of the motor vehicle, were risks that he assumed when he voluntarily and deliberately entered the vehicle after having been warned against leaving the premises and occupying a vehicle driven by someone who, in his presence and at his direction, consumed alcoholic beverages. 34. Plaintiff, Bryan McCloud, failed to mitigate his damages. WHEREFORE, Defendants, Jamie Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, dismissing the Complaint with prejudice. 35. The allegations contained in paragraphs I through 34 of the Answer with New Matter are incorporated herein by reference thereto. 36. Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., sustained property damage to the automobile as a result of the negligence and recklessness of Plaintiff, Bryan McCloud. 37. Defendant, Jamie L. Aldinger, sustained losses estimated to be the sum of $10,746.28 in damage to the 1999 Kia Sephia as a result of the actions of Plaintiff, Bryan McCloud. 4 WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, on the Counterclaim for an amount which is less than the applicable limits of arbitration. Dated: Respectfully submitted, u~S~.r~ 7192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. 5 I, Jamie L. Aldinger, state upon personal knowledge or information that I believe to be tree that the facts in the ANSWER WITH NEW MATTER AND COUNTERCLAIM, are true. I understand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec. 4904, relating to unswom falsification to authorities. Dated: IE L. ALD~]q~'dER VERIFICATION I, William L. Aldinger, Sr., state upon personal knowledge or information that I believe to be true that the facts in the ANSWER WITH NEW MATTER AND COUNTERCLAIM, are tree. I understand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec. 4904, relating to unswom falsification to authorities. Dated: //~/0 ~ WILLIAM I~.kLDINGER, S~. /- ' CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a tree and correct copy of the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIM by first-class mail, postage prepaid on the following: Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 ~vi~lVIi~s, Esq~r~ Supreme Court No."-37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ~:x~~-~¥ c~a~. ~ ~ (~ k'.~l~i[ls, EsqniI~ Attorney for Defen&auts IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENN~ViLVANrA Bryan McCloud, Plaintiff -VS- 1amie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS A_ND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be se~ed. Dated~-~/D~qt~-.~ Respectfully submitted, /~ STE ER & B Mills, Esqu Supreme Court No.3-7192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants CO--TH OF PEt~%rAN/3k Bryan McCloud, Plaintiff Jamie L. Alclinger and William L. A~ng~r, Sr., Defendants File No. 01-6221 SUBPOENA TO PR<ZXJCE DOCENTS OR THINC~ F~OR DISOOVERY PURSUANT TO RULE 4009.?? TO: v~t Pennsboro Police Department, 98 South Enola Drive, Enola, PA 17025-2704 (Nam~ of Person or Entity) Within twenty (20) days after service of this subpoena, you are c~demed by the court to produce the followir~j documents or things: SEE AITAC~TOSUB~]~A. at 138 East Market Street, York, PA 17401. (Address) Yo~ may deliver or mail legible copies of the docunents or produce things requested by this subpoena, to~ether, with the certificate of cc~)iance, to the pa~ty making this request at the address ]!~ted above. You have the right to seek in advamce the measonab]e cost of preoamin~ the copies or producing the things sought. If you fail to produce the doc~ents or things required by this subpo-mna within twenty (20) days after its service, the party serving this subpo~-,a may seek a omJrt ord~- cc~l~ellir:g you to c~,~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: David Mills~ Esquire ADORE$$: 138 ~-t Market Street York, PA 17401 TELEPHONE: 717-854-9506 SUPRE~ COLRT ID ~ 37192 A]-'FORNEY FOR: Defer~t~nts BY THE COURT: OATE: Seal of the Count Prothonotary/Clerk, Civil Divis!'on Oeputy (Eff. 7/97) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW ATTACHMENT TO SUBPOENA To~ East Pennsboro Police Department 98 South Enola Drive Enola, PA 17025-2704 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Incident No.: Incident Date: 01-01-0487 August 22, 2001 The complete written report (both sides of all papers) of incident No. 01-01-0487 for an incident that occurred on August 22, 2001 at 1:56 a.m. involving Bryan McCloud who broke into the home of Jamie Aldinger, which incident was reported by Officer Michael Cotton. · uouoD Ioeqo.~l,~ ~oog~O .~q po~odo~ su~ {uop!o~ qo.~I,~ '~ogmp. Iy o!u~1' ~o omoq o~ o~u! o~io~q oq~ pnolDol,~ u~.Q~t ~U.~lo,xm' 'm'e 9g:I ~ I00~ '~ {shiny uo po~unoo0 {e~ ~ '~q;/,gl~0-I0-I0 'oN {uop!ou! jo (~oded II~ ~o s0p!s ~oq) ~odo~ uo~.u~ O{oldmoo I00U 'i~U lsn~nv L$i~0-[0-10 :ol~CI ~uop!oui :'oN ~uop!ouI :s~m. q3 ao sluoumoop gm.~oiio, t oq~ aonpo,d ol 3~moD oq:l ,~q paaap~to oxe no,( '~uaodqns S!tll ,lo oo!Mas aol~e s,(~ (OE) ~ua~ t~0L2C-gC0£! VcI '~lOU~ a,t.u<I eIOU~{ qmos g6 luoummd~<I ao!iocI o:toqsuuoci lse~ :o£ YN~tOdI~TIS O~L ~LN:~,~I{DV~LLV A~Vq-NOI&DV "IIAID I,~I2tL 'IIAID ICi~9-I0 'ON s~u~u~..loCI "-IS 'aa~u!PlV "I urg.tIl!A~ ptm .to~u!PlV .-I a!umf 'pnolOOl~ um~fl VINrVA'IXSNNHd 'XJ. ND. OD (IN~Tt[H~D 'SYH"Id NOIA[IA!OD ~0 J,~"lOD ~IJ, ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2;~ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, David Mills, Esquire certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and Date: (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~Attomey for Defendant's-~' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, ~ Plaintiff -VS- Samie L. Aldinger and William L. Aldlnger, Sr., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fi:om the date listed below in which to file of record and serve upon the undersigned an objection ~o the subpoena. If no objection is made, the subpoena may be served. Dated: Respectfully submitted, / D~fMi¥1s, Esquire~ --Du~e Court No. 37~92 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants ~TH OF P~NNS'YL~ Bryan McCloud, : Plaintiff : : v. : Fi le No. : Jamie L. Aldinger and William L. : i~' '-~nger, Sr., : DefeD~nts 01-6221 _SUBPOENA TO PROOUCE DOCUffENTS CR THIN(~; FOR DISOOVERY PURSUANT TO RULE 400~.2__~2 TO: Bayfront Medical Center, 700 6th Street' South, St. PetersburG, FL 33701 (Nm'ne of Person or Entity) Within twenty (20) days after service of this subpoena, you a~e ordered by the cou~t to rm~oduce the foJlowin~ documents or things: SEE AT~AC~ TO SUBP~. at 138 ~-~t Market Street,_ York, PA 17401. ( Addl"ess ) You may deJiver or mail legible copies of the documents or produce things requested by this sub~x)ena, to~ether, with the certificate of oa,~]iance, to .the pamty making this request at the address )'.'.'-ted above. You have the right to seek in advance the reasonable cost of pre~a~ing the copies or producing the things sought. If you fail to produce the doct~nents or things required by this sub~m~na within twenty (20) days afte~ its service, the pamty serving this subpo~-,a m~y seek a c~Jrt ord,' c~-,i3el ling you to c~,uly with it. THIS SLI~POENA WAS ISSUED AT THE REQUEST OF ~ FOLLOWING PERSON: NAME: David Millst Esquire ADORESS: 138 East Market Street York, PA 17401 TELEPHONE: 717-854-9506 SUPREPI5 COURT ID ~ 37192 ATTORNEY FOR: Defer~ants OATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civi 1 Division (Elf. 7/97) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Bryan McCloud, Plaintiff -VS- Jamie L. Aldinger and William L. Aldinger, Sr., Defendants NO. 01-6221 CML TERM CIVIL ACTION-LAW ATTACItMENTTOSUBPOENA 'ro~ Bayfront Medical Center 700 6th Street South St. Petersburg, FL 33701 Within twenty (20) days after service of the this subpoena, produce the following documents or things: ANY and ALL medical records, including bills, notes of treatment, nurses' notes, admission and discharge summaries, copies of x-rays, x-my reports, MRi scans, IVIRI reports, CT scans, CT reports, medications, and prescriptions pertaining to the following individual: Sanle~ Address: Date of Birth: Social Se&trity No.: Brian McCloud a/k/a Andre James Bellany a/k/a Andre James Bellamy 612 Magaro Road, Enola, PA 17025 and/or 2711 Reel Street, Harrisburg, PA 17110 October 8, 1978 209-58-8238 at all times, from birth to the present. BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6221 CIVIL TERM : : CIVIL ACTION - LAW : : PERSONAL INJURY : : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, TO WIT, this 21st day of May, 2002, comes the Plaintiff by his attorney Brace A. Grove, Jr., and files this Reply to Defendants' New Matter and Answer to Defendants' Counterclaim: Reply to Defendants' New Matter 18. Paragraph 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. Denied. Plaintiff is presently without knowledge or infommtion sufficient to form a belief with respect to the troth of this allegation and it is, therefore, denied. 20. Admitted. 21. Admitted. 22. Denied. On October 30, 1999, the Plaintiff was residing with his Mother at the .residence of Eugene Groce who resides at 612 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 23. Denied. It is specifically denied that Plaintiff on October 30, 1999, furnished Plaintiff's Complaint. Answer to Defendants' Counterclaim 35. Paragraphs 1 through 17 of the Plaintiff's Complaint and Paragraphs 18 through 34 of the Plaintiff's Reply to Defendants' New Matter are incorporated herein by reference as if set forth in full. 36. The allegation(s) of this Paragraph are conclusion(s) of law to which no response is required. To the extent that this/these allegation(s) may be considered avermem(s) of fact, they are specifically denied. 37. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer hereto, the Plaintiff specifically denies that the alleged damages to the 1999 Kia Sephia resulted from any actions on his part. WHEREFORE, Plaintiff, Bryan McCloud, demands judgment in his favor and against the Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., upon their Counterclaim and respectfully requests this Court to dismiss the Counterclaim of Defendants. Respectfully submitted, LAW OFFICE OF BRUCE A. GROVE, JR. Dated: May 21, 2002 Brace A. Grove, Jr., Esquire Supreme Court No. 15502 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff VERIFICATION I, BRYAN McCLOUD , verify that the statements made in this REPLY TO NEW MATTER & ANSWER TO COUNTERCLAIM are tree and correct to the best of my knowledge, infommtion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dated: May 21, 2002 ( x ) Plaintiff ( ) Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiff's Reply to Defendants' New Matter and Answer to Defendants' Counterclaim was served upon the following party by HAND DELIVERY and delivered to the following address: David A. Mills, Esquire Stetler & Gribbin 138 East Market Street York, PA 17405 Attorney for Defendants Dated: May 21, 2002 t~mce A. Grove, Jr., Es'quire · 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff -VS- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST pLAINTIFF. BRYAN McCLOUD AND NOW, this 23rd day of May 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who file this Motion for Judgment on the Pleadings against Plaintiff, Bryan McCloud, and in support of which aver as follows: 1. On October 30, 2001, a Writ of Summons was issued against Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. 2. On December 21,2001, Plaintiff filed a Complaint against Defendants endorsed with Notice, alleging injuries as a result of a vehicle accident that occurred on October 31, 1999. 3. On January 24, 2002, Defendants filed an Answer with New Matter and Counterclaim endorsed with a Notice to Plead, denying negligence and averting, in a Counterclaim, that Plaintiff was negligent. On April 22, 2002, Plaintiff's counsel notified Defendants' counsel that a Reply A tree and correct copy of the letter, to New Matter would be filed no later than May 15, 2002. dated April 22, 2002, is attached as Exhibit A. 5. On May 13, 2002, Plaintiff's counsel notified Defendants' counsel that a Reply to New Matter would be filed no later than May 17, 2002. A tree and correct copy of the letter, dated May 13, 2002, is attached as Exhibit B. 6. By letter dated May 17, 2002, Plaintiff's counsel notified Defendants' counsel that a Reply to New Matter would be filed no later than May 21, 2002. A true and correct copy of the letter, dated May 17, 2002, is attached as Exhibit C. 7. Plaintiff has failed to file a Reply to New Matter. 8. Pursuant to Pa. R.C.P. No. 1029(b), factual averments to which a responsive pleading is required are admitted when not denied specifically. 9. There is no genuine issue of fact in dispute. 10. Defendants pleaded that "Defendant, Jamie Aldinger, was a minor on October 31, 1999 for the purposes of consuming alcoholic beverages". Answer with New Matter and Counterclaim, par. 19. 11. Defendants pleaded that "Plaintiff, Bryan McCloud, was bom on October 8, 1978". Answer with New Matter and Counterclaim, par. 20. 12. Defendants pleaded that "On October 30, 1999, Plaintiff, Bryan McCloud, was residing with Chuck McGuigan at 4225 Roth Lane, Apartment 115 in Mechanicsburg, Pennsylvania." Answer with New Matter and Counterclaim, par. 22. 13. furnished premises." 14. Defendants pleaded that "On October 30, 1999, Plaintiff, Bryan McCloud, alcoholic beverages to Defendant, Jamie Aldinger, repeatedly at the aforesaid Answer with New Matter and Counterclaim, par. 23. Defendants pleaded that "On the night of Saturday-Sunday, October 30-31, 1999, Chuck McGuigan warned Plaintiff, Bryan McCloud, and others not to leave the premises and not to drive." Answer with New Matter and Counterclaim, par. 24. 15. Defendants pleaded that "On the night of Saturday-Sunday, October 30-31, 1999, Plaintiff, Bryan McCloud, heard Chuck McGuigan warn him against leaving the premises and driving because the driver Defendant, Jamie Aldinger, and others had consumed alcoholic beverages." Answer with New Matter and Counterclaim, par. 25. 16. Defendants pleaded that "Plaintiff, Bryan McCloud, is believed to have been the passenger who was seated behind the driver, Defendant, Jamie Aldinger, who interfered with her operation of a motor vehicle by tickling her and pulling her hair." Answer with New Matter and Counterclaim, par. 27. 17. Defendants pleaded that "Plaintiff, Bryan McCloud, is believed to have been a passenger of the motor vehicle and is believed to have lied to the investigating office, Corporal Timothy J. Golletti identifying himself not as Bryan McCloud but as Andre James Bellamy, giving a false address of 2711 Reel Street, Harrisburg, Pennsylvania, 17110 and lying about his age, which he reported to the investigating officer as 19 years of age." Answer with New Matter and Counterclaim, par. 28. 18. The Defendants pleaded that "The accident on Sunday, October 31, 1999, was caused by the actions of Plaintiff, Bryan McCloud, who as an adult, furnished alcohol to a minor." Answer with New Matter and Counterclaim, par. 32. 3 19. The Defendants prayed for relief that judgment be entered in their favor and Plaintiff's Complaint be dismissed with prejudice. 20. An adult who furnishes alcohol to a minor is negligent per se. WHEREFORE, Defendants, Jamie Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff, Bryan McCloud, dismissing the Complaint with prejudice. Dated: Respectfully submitted, & GRISSIN Supreme Co~ No.~92 138 East M~ket Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 A~omeys for Defendants, Jmie L. Aldinger ~d William L. Aldinger, Sr. Exhibit A BRUCE A. GROVE, .IR. A'I-FORNEY AT LAW 110 LEXINGTON ROAD · YORK, PA 17402 (717) 747-9351 · Fax (717) 747-5761 April 22, 2002 David Mills, Esquire Stetter & Cn'ibbin 138 East Market S~xeet P.O. Box 2588 York, PA 17405 RECEIVED ~TETLER & ORIBBIN J. 38 EAST MARKET STRI~'r BOX 258gYORK, PA McCloud v. Aldinger · Court of Common Pleas, Cumberland County, PA · Case No.: 01-6221 · Your 4/8/02 Letter (re) Interrogatories, Request for Documents and New Matter of the Defendants · Your File No.: 29-10401 Dear Mr. Mills: This shall confirm our telephone conversation of April 19, 2002 regarding the above- referenced matter(s). We verbally agreed on April 19, 2002 that the Plaintiff's Answers/Replies to the Defendants' Interrogatories and New Matter, as well as their Request(s) for Documents, shall be "in your hands" no later than Wednesday, May 15, 2002; I thank you for your kindness in agreeing to this extension request. Should you have any questions or concems in the interim, please contact me. Very truly yours,/--'x Brace A. Grove, Jr. BAG/pm cc: Bryan McCloud (w/Enclosure - Mills 4/9/02 Subpoena Notice) Exhibit B York, PA, 17402-'480.5 (717~ ~) Exhibit C BRUCE A. GROVE, JR. ATTORNEY AT LAW 2002 110 LEXING~~~~' (717) 747-9351 Fax (717) 747-$761 May 17, 2002 [HAND DELIVERED] David Mills, Esquire Stetter & Gribbin 138 East Market Street P.O. Box 2588 York, PA 17405 McCloud v. Aldinger(s) · Court of Common Pleas, Cumberland County, PA · Case No. 01-6221 · INTERROGATORIES FOR ANSWER BY PLAINTIFF · REQUEST OF DEFENDANTS FOR PRODUCTION OF DOCUMENTS FOR INSPECTION, EXAMINATION AND PHOTOCOPYING · REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTER CLAIM · Your File No. 29-10401 Dear Mr. Mills: By virtue of our telephone conversation on April 19, 2002, my letter to you dated April 22, 2002, and my handwritten Note to you, hand-delivered by me to your office on May 13, 2002, I have been making certain promises to you as to when (on what date) you can expect to receive the Plaintiff's responses to the above-referenced Discovery requests of the Defendants. I have not been living up to these promises, to say the least! However, for "starters," enclosed is the Plaintiff's An.~wers to the Request For Production of Documents, etc. I do intend to very shortly supplement certain of these Answers; however, as per your subpoenaing of all of Mr. McCloud's medical service providers, which Subpoenas I have attached to the enclosed Answers, I must assume that you have all of the documented medical/personal injury information requested. I will certainly provide ASAP whatever else you might want. Finally, the Plaintiff's Reply to New Matter and Counterclaim of the Defendants will be HAND DELIVERED to your office on Tuesday morning, May 21~ and the Answers to Interrogatories will be similarly HAND DELIVERED on Friday, May 24th. David Mills, Esquire Page 2 May 17, 2002 Dave, thanks for your patience and, of course, should you take 'hambrage" to this time- table please contact me. Thanks again for your anticipated cooperation.  _~~~.~..Very truly yours~\ Bruce A. Grove, Jr. BAG/plk Enclosure cc: Brian McCloud [BY HAND DELIVERY] CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a tree and correct copy of the foregoing DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST PLAINTIFF, BRYAN McCLOUD by first-class mail, postage prepaid on the following: Brace A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 Dated: ~vid Mill~, Es~'~ - Supreme Court No. X3,.~92 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6221 CIVIL TERM : : CIVIL ACTION - LAW : : PERSONAL INJURY : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS WITH NEW MATTER AND NOW, TO WIT, this 3rd day of June, 2002, comes the Plaintiff by his attorney, Bruce A. Grove, Jr., and files this Reply to the Defendants' Motion for Judgment on the Pleadings: ANSWER 1. through 6. Admitted. 7. Denied. On the contrary, and pursuant to Plaintiff's counsel's letter of May 17, 2002 to the Defendants' c6unsel, counsel for the Plaintiff, on May 21, 2002, mailed Plaintiff's Reply To New Matter and Answer to Counterclaim to the Prothonotary of Cumberland County. A true and correct copy of the undersigned counsel's May 21, 2002 letter to the Prothonotary of Cumberland County is attached hereto as Exhibit "1" and, in addition, a "time-stamped" copy of the first page of the foregoing document, indicating the Prothonotary's formal filing of the document on May 22, 2001, is attached hereto as Exhibit "2". 8. Admitted - - - subject to the legal/procedural averments of the Plaintiff's counsel as specifically set forth in the New Matter set out herein and incorporated herein by reference thereto. 9. Denied. This paragraph is specifically denied as per the averments of the Plaintiff's Complaint and his subsequent Reply to the Defendants' New Matter and Answer to the Defendants' Counterclaim. 10. through 19. Admitted. 20. This allegation is a conclusion of law to which no response is required. To the extent that it may be considered an avemient of fact, it is specifically denied. WHEREFORE, Plaintiff, Bryan McCloud, requests this Court to dismiss the Defendants' Motion for Judgment on the Pleadings. NEW MATTER AND NOW, comes the Plaintiff, who respectfully sets forth by way of further and more specific reply/answer, the following affirmative defenses by way of New Matter to the Defendants' Motion for Judgment on the Pleadings. 21. Paragraphs 1 through 20 hereof are hereby incorporated by reference as if fully set forth herein. 22. The Plaintiff's Reply to Defendants' New Matter and Answer to Defendants' Counterclaim was formally entered (filed) by the Office of the Prothonotary for Cumberland County on May 22, 2002. [See Plaintiff's attached Exhibit "2"]. 23. Pa. R.C.P. No. 126 provides that the Court roles shall be liberally construed and that the court at every stage of any action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. 24. Pa. R.C.P. No. 126 clearly pertains to the Defendants' Motion for Judgment on the Pleadings. SECOND DEFENSE 25. Paragraphs 1 through 24 hereof are hereby incorporated by reference as if fully set forth herein. 26. Pursuant to the provisions of Pa. R.C.P. No. 237.2, the parties may agree to extend the time to plead; however, if the required pleading is not timely filed, then the requirements of Pa. R.C.P. No. 237.1 shall apply. 27. Pa. R.C.P. No. 237.1(a)(4) provides that the ten (10) day notice to plead and certification required by Rule 237.1 cannot be waived. 28. Consequently, in the context of these particular roles, agreements to extend the time cannot waive the necessity of the Defendants giving the Plaintiff the required ten (10) day notice of their intent to enter/request a Judgment by default for the Plaintiff's failure to plead. 29. The Defendants never issued to the Plaintiff a Pa. R.C.P. No. 237.1 Praecipe Notice to Plead. WHEREFORE, Plaintiff, Bryan McCloud, requests this Court to dismiss the Defendants' Motion for Judgment on the Pleadings. Respectfully submitted, Dated: June 3, 2002 LAW OFFICE OF BRUCE A. GROVE, JR. Brace A. Grove, Jr., Esquire ? Supreme Court I.D. $/15502 110 Lexington Road York, PA 17402-4805 (717) 747-9351 Attorney for Plaintiff 4 VERIFICATION I, BRUCE A. GROVE, JR., ESQUIRE, do state, subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities, that I am the attorney for Bryan McCloud, Plaintiff, and that I am duly authorized by the Plalntiffto make this Verification and that I have personal first-hand knowledge of the facts set froth in the foregoing PlaintiWs Reply to Defendants' Motion, and I state that the same are true and correct to the best of my knowledge, information, and belief. Dated: June 3, 2002 BR(JCE--A. GROVE, JR., BRUCE A. GROVE, JR. A'I-I'ORNEY AT LAW 110 LEXINGTON ROAD · YORK, PA 17402 (717) 747-9351 · Fax (717) 747-5761 May21,2002 Curtis R. Long Prothonotary of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 McCloud v. Aldinger(s) · Case No. 01-6221 · Plaintiff's Reply to Defendant's New Matter and Answer to Defendants' Counterclaim Dear Mr. Long: Enclosed for filing in the above-captioned proceeding are one (1) original and one (1) copy of Plaintiff's Reply To New Matter and Answer To Counterclaim. Please "time stamp" the enclosed copy and return it to this office in the enclosed self- addressed, stamped envelope. Thank you for your assistance in this matter. Very truly yours~x Brace A. Grove, Jr. BAG/plk Enclosures cc: David Mills, Esquire Bryan McCloud EXHIBIT "1" BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNS _~_ V ,A~., IA, : NO. 01-6221 CIVIL TERM : CIVIL ACTION - LAW : PERSONAL ~RY : : JURY T~AL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, TO WIT, this 21st day of May, 2002, comes the Plaintiff by his attorney Bruce A. Grove, Jr., and files this Reply to Defendants' New Matter and Answer to Defendants' Counterclaim: Reply to Defendants' New Matter 18. Paragraph 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. Denied. Plaintiff is presently without knowledge or information sufficient to form a belief with respect to the truth of this allegation and it is, therefore, denied. 20. Admitted. 21. Admitted. 22. Denied. On October 30, 1999, thc Plaintiff was residing with his Mother at the residence of Eugene Groce who resides at 612 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 23. Denied. It is specifically denied that Plaintiff on October 30, 1999, furnished EXHIBIT "2" CERTIFICATE OF SERVICE I, Bruce A. Grove, Jr., Esquire, hereby certify that I have served a true and correct copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS WITH NEW MATTER by first-class mail, postage prepaid, on the following: Dated: June 3, 2002 David Mills, Esquire Stetter & Gribbin 138 East Market Street P.O. Box 2588 York, PA 17405 Bruce A. Grove, Jr., Esquire Attorney for Plaintiff BRYAN McCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6221 CIVIL TERM : : CIVIL ACTION - LAW : : PERSONAL INJURY : : JURY TRIAL DEMANDED AFFIDAVIT I, BRUCE A. GROVE, JR., ESQUIRE, attorney for the Plaintiff, hereby make the following unswom statement subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities: 1. That on May 21, 2002, I mailed to the Prothonotary of Cumberland County a Pleading entitled "Plaintiff's Reply to Defendants' New Matter and Answer to Defendants' Counterclaim." 2. This Pleading has attached to it a Certificate of Service stating that I, as Plaintiff's counsel, served a copy of the same upon David A. Mills, Esquire, counsel for the Defendants, by HAND DELIVERY, at his office on May 21, 2002. 3. That, in fact, I did not HAND DELIVER this Pleading to the office of Attorney Mills On May 21, 2002 but instead personally mailed a copy of the same to him (Defendants' counsel) on Thursday, May 23, 2002. 4. This Affidavit is being issued by me, as Plaintiff's counsel, in lieu of filing with the Court an Amended Certificate of Service. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: June 6, 2002 Attorney for Plaintiff CERTIFICATE PREREQIYiSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRYAN MCCLOUD COURT OF COMMON PLEAS TERM, ALDINGER -VS- CASE NO: 01-6221 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0811212002 CS on e lf~? ~ DEll-351728 O O192--LO1 COIvIPION%/EALTH OF PENNSYLVANIA COUNTY OF CLTI~BERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. JENNIFER ~EBER, D.O JAHES C. HILLER, D.O. BA¥~KONTMEDICAL CENTER MEDICAL RECORDS & BOSPITAL BILL MEDICAL RECORDS & BOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESQ. MCS on behalf of DAVID A. HILLS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in which to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contactinE our local MCS office. DATE: 07~23~2002 CC: DAVID A. MILLS, ESQ. 29-10401 HCS on behalf of DAVID A. HILLS, ESq. Attorney for DEFENDANT Any questions reEarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET t800 PUILADELP~IA, PA 19103 (215) 246-0900 DE02-194835 OO192--CO 1 COMMON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER File No. 01-6221 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 ~9 TO: CUSTODIAN OF RECORDS FOR: BAYFRONT MEDICAL CENTER (Name of Per, on or Entity) things:Within twenty (20) days after service of this sUb~EEOena~C~o ar dered by the court to produce the following documents or at MGS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepa~ing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MILLS. ESQ, ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: ('UST()I)IAN OF RI{('()RI)S I"()R: BAYFRONI' MI!I)I('AI. ( ~1 !NFl'iR 7(11 6'1'11 STRI!I!T N()UTII ST. PETF~RSBURG, l:I. 337111 RE: 192 BRYAN MCCI.OUD INCLUDING, ADMISSION & I)IS(?IIARGE SUMMARIES, MEDICATIONS, PRESCIPR'FIONS, PAYMENT RI{(?ORDS, I IANI)WRITFI';N NOTES AND ANY OTHER DOCUMENTATION RELATIN(J TO TIlE PATII{NI'. Any and all records, correspondence, files and memorandums, handwritten - notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-388238 00192--L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRYAN MCCLOUD COURT OF COMMON PLEAS TERM, ALDINGER -VS- CASE NO: 01-6221 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/12/2002 MCS on behalf of DAVID A. MILLS, ESq. Attorney for DEFENDANT DEll-351729 0 0192--L02 COPIlvlONI~EALTH OF PENNSYLVANIA COUNTY OF CIJ-lVlBERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUI~NTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT HEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. JE~NIFER~EBER, D.O JAHES C. HILLER, D.O. BAYFRONTHEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL HEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY HEDICAL, BILLING, AND X-RAY(S) HEDICAL, BILLING, AND X-RAY(S) HEDICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESq. MCS on behalf of DAVID A. HILLS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records m,y be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/23/2002 CC: DAVID A. MILLS, ESq. 29-10401 MOS on behalf of DAVID A. MILLS, ESq. Attorney for DEFENDANT Any questions regarding this m-tter, contact THE MCS GROUP INC. 1601 HARKET STREET t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 O0 192--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER File No. 01-6221 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009:~9 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL KLINE FAMILY PRACTICE CTR. (Name of Person or Entity) · Within twenty (20) days ~ter service of this sub~n~r~EOl~dered by the court to produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., ~/800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within tWenty (20) days after its service, the patty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT Seal of the Court (Elf. 7/97~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL 2601 N.3RD STREET HARRISBURG, PA 171102098 RE: 192 BRYAN MCCLOUD INCLUDING, ADMISSION AND DISCHARGE SUMMARIES, MEDICATIONS, PRESCRIPTIONS, PAYMENT RECORDS, HANDWRITTEN NOTES AND ANY OTHER DOCUMENTATION RELATING TO THIS PATIENT. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject :BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-386938 0 0 1 92--L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE t~009.22 IN THE MATTER OF: BRYAN MCCLOUD COURT OF COMMON PLEAS TERM, ALDINGER -VS o CASE NO: 01-6221 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/12/2002 MCS on behalf of DAVID A. MILLS, ESq. Attorney for DEFENDANT DEll-351730 0 0192--L0 3 COIvllvlONhrEALTH OF PENNSYLVANIA COUNTY OF CL[lVlBERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BA¥~aONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN N. SURREY, M.D. JENNIFER WEBER, D.0 JAMES C. MILLER, D.0. BAYFRONT MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MR~ICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESQ. MCS on behalf of DAVID A. HILLS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/23/2002 CC: DAVID A. MILLS, ESQ. - 29-10~01 MCS on behalf of DAVID A. HILLS, ESq. Attorney for DE~gDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 OO192--CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER FileNo. 01-6221 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_~ TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL KLINE FAMILY PRACTICE CTR. (Name of Person or Enti~) Within twenty (20) days after service of this sub~naA~9~t~Eq~dered by the court tO produce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the patty making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17403 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSPITAL 2601 N.3RD STREET HARRISBURG, PA 171102098 RE: 192 BRYAN MCCLOUD INCLUDING, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, AND ANY OTHER DOCUMENTATION RELATING TO THIS PATIENT. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security ~ 209-58-8238 Date of Birth: 10-08-1978 SU10-386940 0 0192--L0 3 CERTIFICATE PREP, EQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRYAN MCCLOUD COURT OF C0~9{0N PLEAS TERM, ALDINGER -VS- CASE NO: 01-6221 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 400g.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/12/2002 MCS on behalf of DAVID A. MILLS, ESq. Attorney for DEFENDANT DEll-351731 00192--L0 4 COIVIlVlOblI4-I~ALTH OF PENNSYLVANIA COUNTY OF CUIvlBERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNEN'I'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONTHEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, H.D. JL~NNIFER WEBER, D.O JAMES C. HILLER, D.O. BA¥~KONT HEDICAL CENTER HEDICAL RECORDS & HOSPITAL BILL HEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MR. BICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESQ. HCS on behalf of DAVID A. HILLS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by c~leting the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 07123/2002 CC: DAVID A. HILLS, ESQ. 29-10401 MCS on behalf of DAVID A. HILLS, ESq. Attorney for DEPgI~DA~T Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 00192--C01 COMMONWEALTH OF PENNSYLVANL4 COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER File No. 01-6221 SUBPOENA TO PRODUCE DOCUMENTS OR THING,C; FOR DISCOVERY PURSUANT TO RULE 4009 ~)~ TO: CUSTODIAN OF RECORDS FOR: JOHN H. SURREY, M.D. (Name of Within twenty (20) days after service of this su b~naA~,~EPl~dered by the court to produc, the following documents or things: at MCS GROUP INC., 1601 MARKET ST., #800, PHILA. ,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MILLS. ESO. ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN H. SURREY, M.D. 2601 NORTH THIRD STREET HARRiSBURG, PA 17110 RE: 192 BRYAN MCCLOUD INCLUDING ANY AND ALL ADMISSION & DISCHARGE SUMMARIES, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, MEDICATIONS, PRESCIPTIONS, PAYMENT RECORDS, HANDWRITTEN NOTES, AND ANY OTIriER DOCUMENTATION RELATING TO THIS PATIENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-3869~2 0 0192--L0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE ~009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BRYAN MCCLOUD TERM, -VS- CASE NO: 01-6221 ALDINGER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/12/2002 DAVID A. MILLS, ESq. Attorney for DEFENDANT DEll-351732 0 0192--L0 5 CO~O~ALTH OF PENNSYLVANIA COUNTY OF CU}4BERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF CO~ON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUmeNTS AND 'rMINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. J~NNIFER WEBER, D.O JAMES C. HILLER, D.O. BAYFRONT MEDICAL CENTER HEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY ~ICAL, BILLING, AND X-RAY(S) ~KnICAL, BILLING, AND X-RAY(S) M~nICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESQ. HCS on behalf of DAVID A. HILLS, ESq. intends to ser~e a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in ~nich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by cm~pleting the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 07/23/2002 CC: DAVID A. MILLS, ESQ. - 29-10401 MCS on behalf of DAVID A. HILLS, ESq. Attorney for DE~NDANT Any questions regarding this matter, contact Th'EM CS GROUP INC. 1601 HARLOT STR~:~T 18oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 00192--C01 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER File No. 01-6221 SUBPOENA TO PRODUCE DOCUMENTS OR THINGC FOR DISCOVERY PURSUANT TO RULE 4009-?~ TO: CUSTODIAN OF RECORDS FOR: JENNIFER WEBER, D.O. (Name o( PevJon or Enti~) · Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following dOcuments or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 -- You may deliver or mail legible copies of the dOcuments or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or thing~ required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MILLS. ESO, ADDRESS: 138 EAST MARKET ST. YORK. PA 1740~ TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT Seal of the Court {Elf. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JENNIFER WEBER, D.O POLYCLINIC MEDICAL CENTER HARRISBURG, PA 17110 RE: 192 BRYAN MCCLOUD INCLUDING ANY AND ALL ADMISSION AND DISCHARGE SUMMARIES, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, MEDICATIONS, PRESCRIPTIONS, PAYMENT RECORDS, HANDWRITFEN NOTES AND ANY OTI-iER DOCUMENTATION RELATING TO THIS PATIENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security ~ 209-58-8238 Date of Birth: 10-08-1978 SU10-386944 0 0192--L0 5 CERTiFiCATE PREltEqU~SITE TO SERVe'CE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRYAN MCCLOUD COURT OF COMMON PLEAS TERM, ALDINGER -VSo CASE NO: 01-6221 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/12/2002 MCS on behalf of DAVID A. MILLS, Esq. Attorney for DEFENDANT DEll-351733 0 0192--L0 6 COPIlvlONI4-EALTH OF PENNSYLVANIA COUNTY OF CTJlV[BERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCU'~RNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2] BAYFRONT MEDICAL CENTER POLYCLINIC HOSPITAL POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. J~NNIFER WEBER, D.O JAMES C. HILLER, D.O. BAYFaONT MEDICAL CENTER HEDICAL RECORDS & HOSPITAL BILL HEDICAL RECORDS & HOSPITAL BILL X-PAY ONLY MEDICAL, BILLING, AND X-PAY(S) MEDICAL, BILLING, AND X-PAY(S) MEDICAL, BILLING, AND X-PAY(S) X-PAY ONLY TO: BRUCE A. GROVE, JR., ESQ. MCS on behalf of DAVID A. HILLS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belom in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. Cmaplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 07/23/2002 CC: DAVID A. HILLS, ESQ. 29-10401 HCS on behalf of DAVID A. HILLS, ESq. Attorney for DEFF_a~DANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 OO192--CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER File No. 01-6221 SUBPOENA TO PRODUCE DOCUMENTS OR THING5 FOR DISCOVERY PURSUANT TO RULE 4009r~* TO: CUSTODIAN OF RECORDS FOR: JAMES C. MILLER, D.O. (Name o( Penon or Entity) Within twenty (20) days after service of this sub~na~l~Eo]~dered by the court to produce the following documents or ttiings: at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 -- (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this 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 cour~ order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MTLLS. ESQ, ADDRESS: 138 EAST MARKET ST. YORK. PA 17405 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATFORNEY FOR: DEFENDANT DATE: Seal of the Court (Eft. 7/97) EXPI,ANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAMES C. MILLER, D.O. 120 MUENCH STREET HARRISBURG, PA 17102 RE: 192 BRYAN MCCLOUD INCLUDING, ADMISSION & DISCHARGE SUMMARIES, X-RAY REPORTS & ORIGINAL X-RAYS, MRI SCANS & REPORTS, CT SCANS & REPORTS, MEDICATIONS, PRESCRIPTIONS, PAYMENT RECORDS, HANDWRITYEN NOTES AND ANY OTHER DOCUMENTATION RELATING TO THIS PATIENT. · Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-386946 0 0 1 92--L0 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRYAN MCCLOUD COURT OF COMMON PLEAS TERM, ALDINGER -VS- CASE NO: 01-6221 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID A. MILLS, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/12/2002 MCS on behalf of DAVID A. MILLS, ESq. Attorney for DEFENDANT DEll-352949 00192--L0 7 CO~4~O~ALTH OF PENNSYLVANIA COUNTY OF C~/~4BERLAND IN THE MATTER OF: BRYAN MCCLOUD ALDINGER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 01-6221 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNR. NTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2] BA¥~KONTHEDICAL CENTER POLYCLINIC HOSPITAl. POLYCLINIC HOSPITAL JOHN H. SURREY, M.D. JENNIFER ~EBER, D.O JAMES C. HILLER, D.O. BAYPltONT HEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) X-RAY ONLY TO: BRUCE A. GROVE, JR., ESQ. MCS on behalf of DAVID A. HILLS, ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belo~ in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 07/23/2002 CC: DAVID A. MILLS, ESQ. 29-10401 MCS on behalf of DAVID A. HILLS~ ESq. Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET ST~-T ~B00 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-194835 OO1 92--CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN MCCLOUD VS ALDINGER File No. 01-6221 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THING:; .FOR DISCOVERY PURSUANT TO RULE 4009_~'~ CUSTODIAN OF RECORDS FOR: BAYFRONT MEDICAL CENTER {Name ot~ Pe~on or Entity} Within tWenty (20) days after service of this sub~na~l~EOl~dered by the court to prodt~ce the following documents or things: at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address} You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within tWenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID MILLS. ESQ, ADDRESS: 138 EAST MARKET ST. YORIf. PA 17405 TELEPHON~ 215-246-0900 SUPREME COURT ID ~ A'I'rORNEY FOR: DEFENDANT Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: ('UST()I)IAN OF RI'X'ORI)S FOR: BAYFR{)Nf MI"I)I('AI, ('I'.'NTI-;R 701 (;I'll S'I'RI.],T S()UTII ST. I'I'.'TI'~RSBUR(;, 1:1. 33701 RE: 192 BRYAN M('('I~OUD IN('I.UI)IN(i X-RAY REPORTS, MRI SCANS & RI{PORTS, (71' SCANS & REPORTS, ETC. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: BRYAN MCCLOUD 612 MAAGARO ROAD, ENOLA, PA 17025 Social Security #: 209-58-8238 Date of Birth: 10-08-1978 SU10-388240 00192--L0 7 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and s,,hnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: pl~-~e ] i st the within matter for the next Argument Court. CAPTION OF CASE (entir~ caption must be stated in D,]] ) Bryan McCloud, ( p1 aintiff ) Jamie L. Aldinger and William L. Aldinger, Sr., ( Defer~ant ) No. 01-6221 Civil Term 19 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's d~mj_rre_r to c~,~]aint, etc. ): MOTION OF DEFENDANTS FOR ORDER COMPELLING DISCOVERY Identify counsel who wi 1 1 (a) for plaintiff: ;um~ess: argue case: Bruce A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 (b) for def~t: Address: David Mills, Esquire Stetler & Gribbin 138 East Market Street York, PA 17401 I will notify all parties in writing within t~ days that thi.~ case h~-~ ~-~n 1 i~ted for arg~rent. 4. /~t Court Date: Dated: September 18, 2002 October 23, 2002 %~['I~o~n~or ~..efendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff -VS- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants NO. 01-6221 CIVIL TERM CIVIL ACTION-LAW MOTION OF DEFENDANTS FOR ORDER COMPELI,ING DISCOVERY AND NOW, this 17th day of September 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who move this Honorable Court for an Order compelling discovery on the following grounds: 1. On October 30, 2001, Plaintiff commenced suit by Writ of Summons. 2. On November 19, 2001, Defendants served Interrogatories for answer by Plaintiff and Request of Documents for Production of Documents for Inspection, Examination, and Photocopying. 3. On December 4, 2001, the Court issued a Rule upon Plaintiff to file a Complaint. 4. On December 21, 2001, Plaintiff filed a Complaint averting the automobile accident of October 31, 1999 allegedly caused personal injury, loss of earnings, and impairment of earning capacity and power. 5. On January 2, 2002, Defendants reminded Plaintiff that answers to the Interrogatories and Request for Production of Documents were overdue. 6. On February 11, 2002, Plaintiff's counsel promised to answer the Interrogatories that week. 7. On April 8, 2002, Defendants reminded Plaintiff's counsel that answers to Interrogatories and a Request for Production of Documents, due December 19, 2001 and extended until February 8, 2002 were overdue, asking for answers to avoid the need to move for a Court Order. 8. On April 19, 2002, Plaintiff's counsel promised to have the discovery served by May 15, 2002. 9. On May 13, 2002, Plaintiff's counsel promised to hand deliver the Answers to Interrogatories and Response to Request for Production of Documents by Friday, May 17, 2002. 10. On May 17, 2002, Plaintiff served Answers to the Request for Production of Documents, which answered, in part: 5. All tax form 1040 filings with the U.S. Department of Treasury Internal Revenue Service for tax periods beginning 1994 until the present. Answer: The Plaintiff has never filed a 1040 tax form with the Internal Revenue Service during his lifetime. 11. On June 7, 2002, Plaintiff served answers to Interrogatories of Defendants, which stated that Bryan McCloud was claiming impairment of his earning capacity and loss of earnings and that he had been employed, see Answers to paragraphs 17, 18, 19, and 20 attached hereto and made a part hereof as Exhibit A. 12. Plaintiff, Bryan McCloud, failed to answer whether anyone had asserted a lien against recovery from the claims that he was making, see Interrogatory 24 attached hereto and made a part hereof as Exhibit B. 13. Plaintiff did not answer the question about claims for non-economic detriment, see Interrogatory 40, attached hereto and made a part hereof as Exhibit C. 14. Plaintiff did not answer Interrogatories regarding the insurer through which he was covered, see Interrogatories 48, 49, 50, and 51, attached hereto and made a part hereof as Exhibit D. 15. On July 2, 2002, Defendants asked Plaintiff to sign tax authorizations for the release of information from the Internal Revenue Service, attached hereto and made a part hereof as Exhibit E. 16. On August 1, 2002 and September 3, 2002, Defendants reminded Plainfiffthat the authorization for release of information from the Internal Revenue Service still had not been completed. 17. PlaintiWs counsel has not replied to defense counsel nor have Interrogatories been supplemented since Plaintiff was asked to do so on June 7, 2002. WHEREFORE, Defendants, Jamie Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to order Plaintiff to supplement the Answers to Interrogatories and Request for Production of Documents and to sign the Authorization allowing Defendants to obtain copies or transcripts of the tax forms from the Internal Revenue Service. Dated: Respectfully submitted, x'~Dav~M~lS, EsquireS' Supreme Court No. 3719-2 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing MOTION OF DEFENDANTS FOR ORDER COMPELLING DISCOVERY by first- class mail, postage prepaid on the following: Brace A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 Dated: STETLER & GRIBBIN / K._2 ,;i fiills, E;qui - Supreme Court No. 3,7192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants !'~ 7. Are you claiming impairment of your earning capacity or loss of earnings? If so, please · ANSWER: A. What is the total amount of the loss? $1,200 Bo C. D. E. F. What is the method of computing the loss? Hourly wage times days missed. What was the nature of employment immediately prior to this incident? Telemarketing What is the name and address of the employer immediately prior to this incident? 1LMM Telemarketing Services, 717-767-1500 What was the rate of pay at the time of this incident? $10.00/hour What is the date of retirement eligibility? Unsure 18. 19. For all employers for the seven years preceding this incident, please state: mo B. C. D. E. F. The names and addresses of each employer; Miami Subs, St. Petersburg, FL; MIC Investors, St. Petersburg, FL The dates of commencement and termination of the employment; Never fired; quit; unsure of actual dates The title and position and capacity of employment; Telemarketing; Customer Service The nature of duties performed; Made telephone calls The totai yearly earnings for each year employed; Do not remember Each disciplinary action taken by employers, relating to the use, possession, sale or procurement of drags and/or alcohol; N/A The reasons for temfinating the employment; N/A The name of your immediate supervisor. Jim Sanger; John M. Did you file Federal Income Tax Returns for each of the seven years preceding the date of this incident? If so, what did you report as earnings on each of the returns? ANSWER: N/A Did you sustain any financial loss as a result of this incident other than those covered by the preceding Interrogatories? If so, state, in detail, the nature, dates, and amount of such additional losses. ANSWER: 21. How long were you ill or disabled as a result of this incident? ANSWER: Lifelong pain in back. 22. To what extent are you disabled, and is any portion of that disability peimanent? ANSWER: Hurts to stand for long periods of time; discomfort in sleep; hurts when bending over. 23. 24. Did you receive full or partial salary or income during the period of disability? If so: A. When did you receive it? B. H~>w much was received? C. Was payment by gift, contract, or other means? ANSWER: ~/~ Has anyone asserted a lien against a recovery from the claims that you are making as a result of this incident? If so, answer: mo B. ANSWER: N/A Who has made a claim for the lien and the date and amount claimed? Was it was by Way of contract or otherWise, giving complete details? 10 Did you sustain any financial loss as a result of this incident other than those covered by the preceding Interrogatories? If so, state, in' detail, the nature, dates, and amount of such additional losses. ANSWER: N/A 21. How long were you ill or disabled as a result of this incident? ANSWER: Lifelong pain in back. 22. To what extent are you disabled, and is any portion of that disability permanent? ANSWER: Hurts to stand for long periods of t/me; discomfort in sleep; hurts when bending over. 23. Did you receive full or partial salary or income during the period of disability? If so: A. When did you receive it? B. H~)w much was received? C. Was payment by giR, contract, or other mean.~? ANSWER: N/A 24. Has anyone asserted a lien again~ a recovery from the claims that you are making as a result of this incident? If so, answer: A. Who has made a claim for the lien and the date and amount claimed? B. Was it was by Way of contract or otherw/se, giving complete details? A2NSWER: N/A l0 40¸. 41. What exhibits do you intend to use, rely upon, or introduce at the trial of this action? (Note: Please identify the documents as set forth in the introductory paragraph to these Interrogatories. Please identify exhibits other than documents with a detailed description of its nature). ANSWER: With regard to any non-economic detriment for which Plaintiff claims tO be entitled to receive compensation, describe with particularity each separate and specific detriment for which compensation is sought. ANSWER: Have you ever registered for service in the military? If so, please ANSWER: A. When did you register for service? approximately 1997 or 1998 B. Where did you register for service? C. What was the name of the service for which you registered? Registered for U.S. Air Force; changed mind and never served. D. Were you rejected for service and, if so, what was the reason for the rejection? E. Did you serve in the military? F. What were the dates of service? G. Where did you serve? H. Was a physical examination required; if so, when were you examined and by whom? I. Did your service terminate? J. When did service terminate? K. What was the reason for termination ~ud/or discharge? Have you ever applied for Social Security benefits for disabilities due to this incident or any unrelated medical reason? If so, please ANSWER: ~/A A. Were you granted Or denied benefits? B. What was the Social Security office at which Plaintiff filed the claim? C. What are the natm'e and extent of the disability? D. What is the date of onset and total duration of such disability? 46. Have you ever made a claim for benefits under any insurance policy or against any person, firm, or corporation for personal injury or physical condition, not heretofore listed in these Answers? If so, please ANSWER: N/A A. What was the injury or condition for which the claim was made? What is the name and address of the person, faro or corporation to whom or against whom it was made? C. What was the date on which the claim was made? D. what was the nature and amount of any such payment received? 47. 48. Were you covered by any policy of insurance, which provided for the payment of medical expenses, property damage, and protected against the risk of liability? ANSWER: Covered through mother's car insurance; did not have health insurance, which made it difficult for me to receive prescribed medication. If so, state for each such policy: A. The name, princip~ place of business, and telephone number of the in~urer. B. The name, address, and telephone number of the named insured. C. The policy number. D. The effective dates of coverage. E. The mount of coverage, specifying the terms thereof. F. The mount your insurer has paid for medical expenses that you submitted as a result of the incident, G. The amount your insurer has paid for property damaged in the incident. ANSWER: 49. Has the insurance company or companies involved raised an issue as to coverage? If so, please state forth in detail the basis for each issue, reservation of right, or denial of coverage. ANSWER: 50. If an issue on coverage has been raised by the insurance company or companies involved, please state your position on each issue. ANSWER: 51. Did you elect limited tort? ANSWER: Dated: If so, who is the first-party carrier? 138 East Market Street P.O. Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants Re¢ ~st ~or Copy or Trans~ipt Nato: D~ not ~e th~s f~ t~ get ~ ~um i~a~an. ~e =~=wn an ~ fa~ Bryan McCloud 612 Magaro Road, Enola, PA 17025 Davi~ Mil!s, ~s~uirs ~Stet!er ~ Gribb~n, 138 East Market Street, PO Box 2S88 York, PA 7 Ch~ only one ~ ~ s~ w~t~u ~ a, [] Ta~ return lrans~fi~:: ~f F~m 1040 cedes ~ed d~ng ~e ~t ~en~ y~ ~ ~e ~ pre~dng ~ y~ ~e ~: ~ m~ ~n~ ~m ~e ~ r~n ~ =~he~s)). ~e~ i= no ~ far a ~=~ re~ ~e ~e/ore O~ber 1, 1~ N~: I~ ~e ~=~ ~ ~ W-2 ~ ~ no ~ge for ~ See j~=~ ~r when ~=~ W-2 ~ a~le. 8 if ~ ~qu~ = ~ me~ ~ r~m ~ one ~e f~g, =h~ ~ b~ ~ app~' ~1 Small Bu~in~ A=rr~ni~-~an [] Dea~em ~ Eaton ~ 1040 T~ period(=) (y~ ~ p~== en=~ ~). if ~e ~ fa~, see i~ Araaum due far ~ ~ ~ ~ · c==~p~=~ ..... ~ l'~';'b~::":~'.:'; b N~er ~ ~ p~ requ~ ........ on ~ne ~ ........... 1 I~e 1 lb ............ ~ 14.00  -950~ ~ ~8.30 a.m. - 5:00 'p.m.. · ' ~a Note: Do not ~u ~ fo~ t~ get ~ a~um ~e e~n an ~ f~ 209-58-8238 Curren: rarrm, a==e~ (inc~uc~ng ap:., ;0o~ =r ~ n=J, ~, ~a, =~ ~p ==~ 612 Magaro Road, Enola, PA 17025 ~ David Mi~ r~n ~t m = oe ~ ~ ~one ~e, sn~ me ~: p~/~ n~e a~ ~_~ ' , Esquire Stet~ & Gr~-' · - ffWe~n=~n~r~~/--~ .............. , ~ ~OX 2588, York, PA ~=n~ ~.~. ;~ ~e iR ~ ~ r~ ~ ~ fine la ~e, S~ ~ h~ .................. ~ Ch~ only one ~ ~ s~ w~: ~u ~ mo~ On,.- from t~e orig~rmt re~'n ~ a~e~e(a)); ~e~ ia no ~e for a ~ · N~: tf ~e =ami~ m~ be ~ ~ ~ ~ t~e ~rocse~in~ see - . ~1 ~ 0~u~ng F~S) .W-~ ~heaui~, or ~er :~j. ~ ~ge is ~1~ ~or ~ period re~ Ve~ton ~ no.rig, ~ere is no ~ for ~j~ ~ :opy ~ ~(~) W-2 o~. ~ere ~ ~ ~oe ~r ~ See i~o~ ~r When ~:~ W-2 ~ a~le. . . 2 = n~ ~ ~ ~,= i~on,6 ~ h~ ....... ~n ~ Oe~e~ ~n ~ '' ~ Cue tar 040 a C~n 10 Ta:: periocL(s) (year or pertoc~ encte~ cm~). If mote than 1997 I 1998 I 1999 C T~ c:::~ .%turpS, Jine 1 la ~y ~ine 1lb ............ ~: 56.00 2000 ~ money ot:t~r. :aV~fe ~ "inmrrmJ Revem~ .'- · . BRYAN MCCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6221 CIVIL CIVIL ACTION - LAW IN RE: MOTION TO COMPEL DISCOVERY ORDER AND NOW, this ~ t' day of October, 2002, a brief argumem on the within motion to compel discovery is set for Wednesday, October 30, 2002, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Brace Grove, Jr., Esquire For the Plaintiff David Mills, Esquire For the Defendants :rlm BY THE COURT, Kevi~. Hess, J~.~ BRYAN MCCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6221 CIVIL CIVIL ACTION - LAW IN RE: MOTION TO COMPEL DISCOVERY ORDER 3 0 ~ day of October, 2002, upon the motion of defendants for AND NOW, this order compelling discovery, it is hereby ordered that the plaintiff, Bryan McCloud, answer interrogatories 24, 40, 48, 49, 50 and 51, supplement all of the answers that were verified on June 6, 2002, to the interrogatories that were served on November 19, 2001, produce all documents requested on November 19, 2001, and sign Form 4506, Request for a Copy of Transcript of Tax Form for Tax From Nos. 1040 in calendar years 1997, 1998, 1999, 2000, and 2001, and sign the authorizations for the Release of Medical Records from Pinnacle Health Systems/Polyclinic Hospital. Failure to comply with this order of court within thirty (30) days of the date of this order will result in further sanctions upon motion by defendants. BY THE COURT, Hess, J. Bruce Grove, Jr., Esquire For the Plaintiff David Mills, Esquire For the Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff -VS- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants NO. 01-6221 Ci¥IL TERM CYVIL ACTION-LAW MOTION OF DEFENDANTS FOR SANCTIONS AND NOW, this 3rd day of December, 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who move this Honorable Court for an Order for Sanctions on the following grounds: 1. On October 30, 2001, Plaintiff commenced suit by Writ of Summons. 2. On November 19, 2001, Defendants served Interrogatories for answer by Plaintiff and Request for Production of Documents for inspection, examination and photocopying. 3. On May 17, 2002, Plaintiff served incomplete Answers to the Request for Production of Documents. 4. On June 7, 2002, Plaintiff served incomplete Answers to Interrogatories of Defendants. 5. On July 2, 2002, Defendants asked Plaintiff to sign Tax Authorizations for the release of information from the Internal Revenue Service. 6. On October 30, 2002, this Honorable Court issued an Order upon the Motion of Defendants for Order Compelling Discovery, dated September 17, 2002, which Order states: ORDER AND NOW, this 30th day of October 2002, upc,n the motion of defendants for order compelling discovery, it is hereby ordered that plaintiff, Bryan McCloud, answer interrogatories 24, 40, 48, 49, 50, and 51, supplement all of the answers that were verified on June 6, 2002, to the inte~cogatories that were served on November 19, 2001, produce all documents requested on November 19, 2001 and sign Form 4506, Request for a Copy or Transcript of Tax Form for Tax Form Nos. 1040 in calendar years 1997, 1998, 1999, 2000, and 2001, and sign the authorizations for the Release of Medical Records from Pinnacle Health Systems/Polyclinic Hospital. Failure to comply with this Order of Court within thirty (30) days of the date of this order will result in further sanctions upon Motion by Defendants. BY THE COURT, /s/Kevin A. Hess Kevin A. Hess, J. 7. Plaintiff, Bryan McCloud, has failed to comply with the Order of court, failed to provide complete answers to Defendants' Interrogatories, and has failed to provide Defendants with signed Authorizations to allow Defendants to obtain copies of his Internal Revenue Service tax forms and medical records. 8. Answers to the interrogatories and authorizations for medical and tax documents are relevant to the issues to be tried in this matter, particularly Plaintiff's claims of personal injury and financial losses as a result of personal injury, :namely, impairment of his earning capacity and loss of earnings. 9. Pennsylvania Rules of Civil Procedure allow' the court to enter sanctions against a party that fails to serve answers and sufficient answers, see Pa. R.C.P. No. 4019(a)(1)(i), or fails to permit inspection of documents as requested, see Pa. R.C.P. No. 4019(a)(1)(vii), or fails to make discovery or to obey an order of court respecting discovery, see Pa.R.C.P. No. 40!9(a)(l)(viii). 10. The court, when acting under subdivision (a) of Rule 4019, may make an order entering a judgment by default against the disobedient party, see Pa. R.C.P. No. 4019(c)(3). WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter the sanction of judgment by default against the disobedient party, Plaintiff, Bryan McCloud, pursuant to Pa. R.C.P. Nos. 4019 (a)(1) and (c)(3). Dated:~..~ ~(~¢~' zod,~C Respectfully submitted, / LER & GRIBBI Supreme Court No.'5,7~92 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing MOTION OF DEFENDANTS FOR SANCTIONS by first-class mail, postage prepaid on the following: Brace A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 ;R & GRIBBIN Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attorneys for Defendants BRYAN MCCLOUD, Plaintiff V JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6221 CIVIL TERM IN RE: MOTION FOR SANCTIONS QRDER OF COURT AND NOW, this 2nd day of January, 2003, this matter having been called for hearing, it appearing that the plaintiff has failed to comply with the order of this COurt entered October 30, 2002, we enter as a sanction tJhat he is precluded from henceforth and at the trial of this case from adducing any and all testimony in Support of claims for medical expenses, lost earnings and lost earning potential, all non-economic losses, and any evidence concerning emotional distress or his level of intoxication at the time of the accident which might be supported by any records in the custody of the Polyclinic Hospital. By the Court, Bruce Grove, Jr., Esquire For the Plaintiff /David Mills, Esquire ~ For the Defendant :bg A. Hess, j. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please 1 i-~t the within matter for the next ~t Court. CAPTION OF CASE (entire caption must be stated in b,] ]) BRYAN MCCLOUD, JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., ( p1 aintiff ) ( Defendant ) No. 01-6221 Civil Action-Law~ State matter to be argued (i~e., plaintiff's motion for new trial, defendant's dem~lrrer to ccm~p]aint, etc. ): Motion of Defendants for Summary Judgment 2. IdentLfy counsel who wi 11 argue case: (a) for pi ~ ntiff: ~ess: Bruce Grove, Esquire 110 Lexington Road York, PA 17402 (b) for defer~tmnt: ~Rlress: Christina L. Bradley, Esquire 138 East Market Street York, PA 17401 3. I will notify all parties in writingwithintwodaFs that thi~ case has been li~ted for~t. 4. ~t Court Date: May 21, 2003 Dated: April 25, 2003 uerenoants ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BRYAN MCCLOUD, Plaintiff -VS- JAMIE L. ALDINGER AND WILLIAM L. ALDINGER, SR., Defendants NO. 01-6221 CI¥IL TERM CI~VIL ACTION-LAW MOTION OF DEFENDANTS FOR SANCTIONS AND NOW, this 3rd day of December, 2002, come Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who move this Honorable Court for an Order for Sanctions on the following grounds: 1. On October 30, 2001, Plaintiff commenced suit by Writ of Summons. 2. On November t 9, 2001, Defendants served Interrogatories for answer by Plaintiff and Request for Production of Documents for inspection, exanfination and photocopying. 3. On May 17, 2002, Plaintiff served incomplete Answers to the Request for Production of Documents. On June 7, 2002, Plaintiff served incomplete Answers to Interrogatories of Defendants. 5. On July 2, 2002, Defendants asked Plaintiff to sign Tax Authorizations for the release of infmmation from the Internal Revenue Service. 6. On October 30, 2002, this Honorable Court is~,med an Order upon the Motion of Defendants for Order Compelling Discovery, dated September' 17, 2002, which Order states: ORDER AND NOW, this 30th day of October 2002, upon the motion of defendants for order compelling discovery, it is hereby ordered that plaintiff, Bryan McCloud, answer interrogatories 24, 40, 48, 49, 50, ~td 51, supplement all of the answers that were verified on June 6, 2002, to the interrogatories that were served on November 19, 2001, produce all documents requested on November 19, 2001 and sign Fo,m 4506, Request for a Copy or Transcript of Tax Form for Tax Form Nos. 1040 in calendar years 1997, 1998, 1999, 2000, and 2001, and sign the authorizations for the Release of Medical Records from Pinnacle Health Systems/Polyclinic Hospital. Failure to comply with this Order of Court within thirty (30) days of the date of this order will result in further sanctions upon Motion by Defendants. BY THE COURT, /s/Kevin A. Hess Kevin A. Hess, J. 7. Plaintiff, Bryan McCloud, has failed to comply with the Order of court, failed to provide complete answers to Defendants' Interrogatories, and has failed to provide Defendants with signed Authorizations to allow Defendants to obtain copi[es of his Internal Revenue Service tax forms and medical records. 8. Answers to the interrogatories and authorizations for medical and tax documents are relevant to the issues to be tried in this matter, particularly Plaintiff's claims of personal injury and financial losses as a result of personal injury, namely, impaim~ent of his eaming capacity and loss of earnings. 9. Pennsylvania Rules of Civil Procedure allow ~Ihe court to enter sanctions against a party that fails to serve answers and sufficient answers, see Pa. R.C.P. No. 4019(a)(1)(i), or fails to permit inspection of documents as requested, see Pa. R.C.P. No. 4019(a)(1)(vii), or fails to make discovery or to obey an order of court respecting discovery, see Pa.R.C.P. No. 4019(a)(1)(viii). 10. The court, when acting under subdivision (a) of Rule 4019, may make an order entering a judgment by default against the disobedient party, see Pa. R.C.P. No. 4019(c)(3). WHEREFORE, Defendants, Jamie L. Aldinger and William L. Aldinger, Sr., respectfully request this Honorable Court to enter the sanction ofjudgrnent by default against the disobedient party, Plaintiff, Bryan McCloud, pursuant to Pa. R.C.P. Nos. 4019 (a)(1) and (c)(3). Respectfully submitted, /~ ~,~ ~LE_~~~~LER & GRIBBI Supreme Court No.~ 92 138 East Market Street PO Box 2588 York, ]['A 17405-2588 (717) 854-9506 Attorneys for Defendants, Jamie L. Aldinger and William L. Aldinger, Sr. CERTIFICATE OF SERVICE I, David Mills, Esquire, hereby certify that I served a true and correct copy of the foregoing MOTION OF DEFENDANTS FOR SANCTIONS by first-class mail, postage prepaid on the following: Brace A. Grove, Jr., Esquire 110 Lexington Road York, PA 17402 //R & GRI~IN.~~/ Supreme Court No. 37192 138 East Market Street PO Box 2588 York, PA 17405-2588 (717) 854-9506 Attomeys for Defendants BRYAN MCCLOUD, Plaintiff VS. JAMIE L. ALDINGER and WILLIAM L. ALDINGER, SR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUrNTY, PENNSYLVANIA 01-6221 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR SANCTIONS OF DEFENDANTS ORDER AND NOW, this /0 ~ day of December, 2002, a brief argument on the within motion for sanctions is set for Thursday, January 2, 2003, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, v/Brace Grove, Jr., Esquire For the Plaintiff David Mills, Esquire For the Defendants :rlm 02 BEC I 0 FH 3:35 PENNSYLVANIA