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HomeMy WebLinkAbout03-6023r r-60VIGH (X I-LOWr=R ATTORNEYS AND Q4 o .LORS AT LAW 166 EAST UNIONISTREET SOMERSET, PENNSYI}VANIA 15501 TELEPHONE, (814) 443-1624 IN TFIF COURT OF COMMON PLEAS OF CUMBERLAND C'OUN'I'Y, PENNSYLVANIA CIVIL, DIVISION BOB G. SPARKS AND LISA YA"rEs, individually and LISA YATES as parent and natural guardian of CASEY YATES a minor, Plaintiffs V )( CARROLL W. FRAMI-:- Defendant k No. a 'T _ (moo a,3 PRAECIPE FOR WRFI OF SUMMONS FO HIE PROTI IONO I'ARY: Please issue a Writ of Summons in the above captioned matter and deliver the same to the Sheriff of Cumberland County for service upon the Defendant as follows: CARROLL W. FRAME 39 PO TSTOWN PIKE UWCIHAND, CI IESTER COUNTY, PENNSYLVANIA 19480 Yelovich and Flower David 7. 'lower, Es q. 166 East Jnion Strcet Somerset, Pennsylvania 15501 Supreme Court 1D No. 23150 -? C? 4 (Ull Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS BOB G. SPARKS AND LISA YATES, INDIVIDUALLY AND LISA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR Court of Common Pleas Plaintiff Vs. No. 03-6023 In CivilAction-Law CARROLLW.FRAME 39 POTTSTOWN PIKE UWCHLAND, PA 19480 Defendant To CARROLL W. FRAME You are hereby notified that BOB G. SPARKS, LISA YATES AND CASEY YATES the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date 11/18/03 By/,.i.-'??,_ Deputy Attorney: Name: DAVID J. FLOWER,ESQUIRE Address: 166 EAST UNION STREET SOMERSET, PA 15501 Attorney for: Plaintiff Telephone: Supreme Court ID No. 23150 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPARKS BOB G ET AL VS FRAME CARROLL W R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FRAME CARROLL W but was unable to locate Him deputized the sheriff of CHESTER in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 16th , 2003 , this office was in receipt of the attached return from CHESTER Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Chester Co 29.26 .00 66.26 12/16/2003 YELOVICH & FLOWER So ans ?s : /E Thomas Kli Sheriff of Cu erland County Sworn and subscribed to before me this 1t - day of( - LZ l)Lt, ? D G oPr onota h In The Court of Common Pleas of Cumberland County, Pennsylvania ^pJt Bob G. Sparks et al . S!-?ERI F 5 COS { S vs. Carroll W. Frame Date ()3 e w (Q 6 2-3 SERVE: same $ 1.50 Pai? 03-6023 civil i13 i? o .? 46(4` ? 4' 19'/80 Last dav to service Now, November 18, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to l.7/9 ® 3zo, ?rt Ld jh Sworn me this , 20 , at o'clock M. served tl N _ rr. copy of the original the contents thereof. So answers, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA 12/19/03 FR[ 13:54 FA% 814 345 8962 ATTYS. AT LAW IV TF E COURT OF C01VJ ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOB (3 SPARKS AND LISA YATES, )( imlividi ally and LISA YAJ ES as parent )( and net iral guardian of CASEY YATES, )( a ?ninm , )( Plaiudffs )( )( V )( No. 03 - 6023 Civil )( CjMA ?LL W. FRAME, )( Defendant X Pl id?CIPE TO RE-ISSUE WRIT OF SUMMONS TU TI) : PROTHONMQtY: Please re-issue the 'Writ of Summons in the above captioned matter and deliver the some to the' heriffof Cumberh¢d County for service upon the Defendit as follows: CARROLL W. FRAME Rural Route 1 Box 212R JAMESCREEK, HUNTINGTON COUNTY, PENNSYLVANIA 16657 Yelovich and Flower By _ l FFR David J. F )A6, Esq. 166 East Union Street Somerset, Pennsylvania 15501 Supreme Court ID No. 23150 n ^' o c ?;- o -?, -+;:: i o ?) -om AI r / '1? ?f) C- N ?. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPARKS BOB G ET AL VS FRAME CARROLL W R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FRAME CARROLL W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 8th , 2004 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Huntingdon Cc 25.00 .00 62.00 01/08/2004 JAMES JONES Sworn and subscribed to before me this /3? day of 11 , 7 .9W A. D. k yt- P oton y q)14,;?,, rthonot`a So answers R/"Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Bob G. Sparks VS. Carroll W. Frame SERVE: same 03-6023 civil No. Now, December 19, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 120 6 , at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 120_ COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Bob G. Sparks et. al. No. 6023 Term:2003 Vs. Carroll W. Frame Now, the 31st day of December 2003 at 1045 A.M./P.M. I served the within Writ of Summons upon Carroll W. Frame at Huntingdon County Sheriffs Office, 241 Mifflin Street, Huntingdon, PA 16652 by handing to Carroll W. Frame, personally one true and correct copy/copies of the within Writ of Summons and made known to Carroll the contents thereof. Sworn and subscribed to before this j day of D. lA 20 JA .D. fvl' ?. mar Cbtm?o rNotary Publiccj Notarial Seal Tammy S. Coons, Notary Public Huntingdon Boro, Huntingdon County My Commission Expires Oct. 21, 2006 Member, Pennsylvanla Associabon of NlHade6 So Answers, William G. Walters, Sheriff Sergeant Jeffrey E. Leonard ? O Chief Deputy/Deputy ? J, ra Costs: Rec. & Doc. $9.00 Service -3TW Mileage/Postage $4.00 Surcharge --- Affidavit $3.00 Miscellaneous --- Total Costs $25.00 Paid Our File No. 6642294406.1 PW-L32 LAW OFFICE OF STEPHEN P. AHERN ANN M. MULLEN, ESQUIRE Identification No. 65648 Two Logan Square, Suite 300 100-120 North 18th Street Philadelphia PA 19103 Telephone: (215) 557-5674 ATTORNEY FOR DEFENDANT(S) Carroll W. Frame BOB G. SPARKS AND LISA YATES INDIVIDUALLY AND LISA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES A MINOR VS. CARROLL W. FRAME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-6023 ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Carroll W. Frame in reference to the above captioned case. ANN M. U LEN, ESQUIRE Attorney for Defendant(s) Carroll W. Frame I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX) regular First Class mail e) ru 'il r.. rr'i T .c; w r- C.il ) Fri Our File No. 6642294406.1 PW-L32 LAW OFFICE OF STEPHEN P. AHERN ANN M. MULLEN, ESQUIRE Identification No. 65648 Two Logan Square, Suite 300 100-120 North 18th Street Philadelphia, PA 19103 Telephone: (215) 557-5674 ATTORNEY FOR DEFENDANT(S) Carroll W. Frame BOB G. SPARKS AND LISA YATES INDIVIDUALLY AND LISA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES A MINOR VS. CARROLL W. FRAME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-6023 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs, Bob G. Sparks and Lisa Yates, to file a Civil Action within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. - 4j-?- - ANN M. MULLEN, ESQUIRE Attorney for Defendant(s) Carroll W. Frame RULE TO FILE CI IL ACTION AND NOW, this +? day of 71 , 2004, a Rule is hereby granted upon Plaintiff(s) to file a C vil Action within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY r> ?; c r- a -, ; -*1 --? ra -`',c _ _ _ .c- ? ._ _-? r_; ??.1 `tl /? _?. ?. Our File No. 6642294406.1 PW-L32 LAW OFFICE OF STEPHEN P. AHERN ALBERT A. GRIFFITH, ESQUIRE Identification No. 80659 Two Logan Square, Suite 300 100-120 North 18th Street Philadelphia, PA 19103 Telephone: (215) 557-5628 ATTORNEY FOR DEFENDANT Carroll W. Frame BOB G. SPARKS AND LISA YATES INDIVIDUALLY AND LISA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES A MINOR VS. CARROLL W. FRAME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-6023 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Carroll W. Frame in reference to the above- captioned case. en, ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my Appearance on behalf of Carroll W. Frame in reference to the above- captioned case. I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class Mail. Carroll W. Frame E".-' P". ?' .? 1 i` . ;Y ? - , ??? ??? " " ,:t ;il -, S"'ti: BOBBY G. SPARKS AND LISHA YATES, INDIVDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS V. CARROLL W. FRAME, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-6023 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for an), 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA Saidis, Shuff, Flower & Lindsay Date: /- ? ' 0 s • ?/, By: 0, C. Caffrey, Esquire ttorney ID #42667 26 West High Street Carlisle, Pennsylvania 1701 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiffs BOBBY G. SPARKS AND LISHA YATES, INDIVDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS V. CARROLL W. FRAME, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-6023 CIVIL TERM COMPLAINT 1. Plaintiffs, Bobby G. Sparks, Lisha Yates Sparks and Casey Yates, a minor, by Lisha Yates, her mother and natural guardian are individuals residing therein at 300 Valley View Avenue, Keyser, West Virginia 26726. 2. Defendant Carroll W. Frame is an adult individual residing at Rural Route 1, Box 212R, Jamescreek, Huntingdon County, Pennsylvania 16657. 3. On or about November 25, 2001, Plaintiff, Lisha Yates Sparks was the owner of a 1994 Mercury Sable sedan automobile, which was involved in the collision described herein. 4. On the aforesaid date, Defendant was the owner of a 1976 Chevy High Sierra C65 automobile, which was involved in the incident described herein. 5. On the aforesaid date, at approximately 1:10 p.m., Plaintiff, Bobby G. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Sparks, was operating the said 1994 Mercury Sable sedan automobile in a westerly direction in the left-hand lane of State Route 76, the Pennsylvania Turnpike, a four- lane divided highway, in Upper Mifflin Township, Cumberland County, Pennsylvania, at a point approximately 4.5 miles east of Interchange # 15, near milepost 205.8, when his vehicle was struck in the rear, with enough force to drive the 1994 Mercury Sable into the rear of the vehicle in front of it, by the Defendant's motor vehicle which was 2 being operated by the Defendant in a westerly direction on State Route 76, Pennsylvania Turnpike, behind and in the same lane in which the vehicle occupied by Plaintiffs, Bobby G. Sparks, Lisha Yates Sparks and Casey Yates was traveling. 6. At the time of the collision herein described, Plaintiff Bobby G. Sparks was lawfully operating the Mercury Sable and had slowed down, coming to a lawful stop, while waiting for stopped traffic ahead of him to resume movement. 7. The accident was directly and proximately caused by the negligence and carelessness of Defendant, which consisted of the following: a. Operating his motor vehicle in a careless, reckless, and negligent manner; b. Operating his motor vehicle at. an excessive rate of speed under the circumstances; C. Operating his motor vehicle with no warning of approach or intended direction; d. Not having his motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead, as required by 75 Pa. Cons. Stat. Ann. § 3361; SAIDIS SHUFF-, FLOWER 26 W. High Street Carlisle, PA e. Operating his motor vehicle without due regard to the rights, safety, and position of the Plaintiffs; f. Failing to have his motor vehicle under the proper control so as to prevent this vehicle from striking the Plaintiffs motor vehicle; g. Failing to keep a proper lookout; h. Failing to use due care under the circumstances; i. Failing to pay attention to conditions and circumstances around him; 3 j. Failing to notice the motor vehicle of the Plaintiff; k. Failing to take into consideration the traffic and weather conditions; 1. Failing to take evasive action in order to avoid impacting with Plaintiffs vehicle; in. Failing to apply his brakes in sufficient time to avoid striking Plaintiffs stationary car; n. Operating his motor vehicle in disregard of the rules of the road, the ordinances of Upper Mifflin Township, and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. Cons. Stat. Ann. § 3361. 8. At all times material hereto, Plaintiff, Bobby G. Sparks, acted with due care and was not contributorily negligent. COUNTI Bobby G. Sparks v. Defendant M SAIDIS SHUFF, FLOWER 26 W. High Street Carlisle, PA 9. Plaintiff Bobby G. Sparks incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this Count. 10. Asa result of Defendant's neogence, Plaintiff, Bobby G. Sparks suffered trauma to his neck and lower back and bruising to his liver. 4 11. As a result of Defendant's negligence, Plaintiff Bobby G. Sparks underwent treatment in a hospital emergency room, surgery on his neck, and further medical and physical therapy treatment. 12. As a result of Defendant's negligence, Plaintiff Bobby G. Sparks has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to his great detriment and loss. 13. As a result of Defendant's negligence., Plaintiff Bobby G. Sparks has suffered an interruption of his daily habits and pursuits to his great detriment and loss. WHEREFORE, Plaintiff Bobby G. Sparks demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest and costs. COUNT II Lisha Yates Sparks V. Defendant 14. Plaintiff Lisha Yates Sparks incorporates all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this Count. 15. As a result of Defendant's negligence, Plaintiff Lisha Yates Sparks suffered trauma to her lower back and pain in her neck. 16. Plaintiff Lisha Yates Sparks continues to suffer from pain in her lower back SAIDIS SHUFF, FLOWER & LINDSAY A. l VANL i a•A I -LA W 26 W. High Street Carlisle, PA resulting from the accident described herein. 17. As a result of Defendant's negligence, Plaintiff Lisha Yates Sparks underwent treatment in a hospital emergency room and further medical and physical therapy treatment. 5 18. As a result of Defendant's negligence, Plaintiff Lisha Yates Sparks has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to her great detriment and loss. 19. As a result of Defendant's negligence, Plaintiff Lisha Yates Sparks, a college student at the time of the accident, missed five days of classes. 20. As a result of Defendant's negligence., Plaintiff Lisha Yates Sparks has suffered an interruption of her daily habits and pursuits to her great detriment and loss. 21. As a result of Defendant's negligence. Plaintiff Lisha Yates Sparks sustained a total loss of her motor vehicle, the reasonable value of which at the time of the accident was approximately $4,000.00 less salvage value, and the loss of her vehicle license plate. WHEREFORE, Plaintiff Lisha Yates Sparks demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest and costs. COUNT III Lisha Yates Sparks v. Defendant 22. Plaintiff Lisha Yates Sparks incorporates all of the preceding paragraphs of SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA this Complaint as if each and every one were individually set forth within this Count. 23. As a result of Defendant's negligence, Plaintiff Lisha Yates Sparks has been deprived of the society, companionship, contributions, and consortium of her husband Plaintiff Bobby G. Sparks, to her great detriment and loss. WHEREFORE, Plaintiff Lisha Yates Sparks demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest and costs. 6 !`1117 T1?TT T? 7 Lisha Yates Sparks, Parent and Natural Guardian of Casey Yates, a Minor v. Defendant 24. Plaintiff Lisha Yates Sparks incorporates all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this Count. 25. As a result of Defendant's negligence, Casey Yates suffered bruising and pain in her abdomen and soreness in her shoulder. 26. As a result of Defendant's negligence, Casey Yates underwent examination SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA and treatment in a hospital emergency room. 27. As a result of Defendant's negligence, Casey Yates missed three days of school. 28. As a result of Defendant's negligence, Casey Yates has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to her great detriment and loss. WHEREFORE, Plaintiff Lisha Yates Sparks demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest and costs. Date: l -6 - QS? Respectfully submitted, I'laidis, Shuff, Flower & Lindsay By: U-- ?rian C. Caffrey, Es i Attorney ID #42667 26 West High Stre Carlisle, Pennsylvania 7013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiffs 7 VERIFICATION We hereby verify that the facts set forth in the foregoing COMPLAINT are true and SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA correct to the best of our knowledge, information and belief, and we are authorized to make this verification on its behalf. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: / G -4 IZZ Date: ,` L?q fo By: I Bob. G. parks By: isb a Yates arks BOBBY G. SPARKS AND LISHA YATES, INDIVDUALLY AND LIS1 A YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS V. CARROLL W. FRAME, DEFENDANT CERTIFICATE OF SERVICE On this day of , 2005, I, Adele H. Group, hereby certify that I served a true and correct copy of the foregoing PLAINTIFFS' COMPLAINT via United States Mail, first-class, postage prepaid addressed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 03-6023 CIVIL TERM Carroll W. Frame C/o Albert A. Griffith, Esquire Law Offices of Stephen P. Ahern Suite 300 Two Logan Square 100-120 North 18th Street Philadelphia, PA 19103-4901 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Saidis, 4 huff, Flower & Lindsay By: 04& 4` "#? Adele H. Group 8 C? ? ? i -; c.n .-{ _. ? « ? ? t -tJ ?? r ? U? ?_ ?. C.> - -r ?? , ..r y? ? ,' L? t ^ , ?i? .?t. --? -;y; -C` ?? r ;,j Our File No. 6642294406.1 PW-L32 LAW OFFICES ALBERT A. GRIFFITH, ESQUIRE Identification No. 80659 3 Parkway, Suite 600 Philadelphia, PA 19102 Telephone: (215) 557-5628 BOBBY G. SPARKS AND L16HA YATES, INDIVIDUALLY AND LISHA YATES AS P/N/G OF CASEY YATES, A MINOR AAI.DOC ATTORNEY FOR DEFENDANT, Carroll W. Frame COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CARROLL W. FRAME NO. 03-6023 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Carroll W. Frame, by and through the undersigned counsel, answers the Plaintiffs' Complaint as follows: 1. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment: contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. 2. ADMITTED. 3. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. 4. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. 5. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 6. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 7. DENIED. The averments contained in the corresponding paragraph of Plaintiffs' Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 8. DENIED. The averments contained in the corresponding paragraph of Plaintiffs' Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 9. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 10. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 11. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 12. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 13. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 14. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 15. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs, Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 16. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs, Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 17. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs, Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 18, DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 19. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 20. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment: contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 21. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 22. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 23. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 24. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 25. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 26. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 27. DENIED, After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 28. DENIED. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs' Complaint. Said averments are therefore denied. By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. WHEREFORE, Defendant demands Judgment in her favor and against all parties. NEW MATTER AFFIRMATIVE DEFENSES 29. Pennsylvania Comparative Negligence Act All negligence causes of action and/or claims asserted against answering Defendant are limited, governed, barred and/or restricted, by the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102, the relevant terms of which are incorporated by reference herein. 30. Contributory Negligence All negligence causes of action and/or claims asserted against answering Defendant are barred by the Doctrine of Contributory Negligence. The injuries/damages allegedly suffered by Plaintiffs were directly and proximately caused by the failure of Plaintiffs to exercise that degree of care for their own safety and well being, which a reasonably prudent person would have exercised under the same or similar circumstances. 31. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 32. Limited Tort-ACT 6 All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, :barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 33. Limited Tort-Uninsured Owner All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, as Plaintiffs owned a currently registered private passenger motor vehicle for which they did not have financial responsibility at the time of the accident. Therefore, Plaintiffs are deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant. 34. Negligence of Third Party The injuries/damages allegedly suffered by the Plaintiffs as set forth in the Civil Actions/Complaints were caused solely by the acts, conduct, negligence, carelessness, and/or recklessness of individuals and/or entities over whom answering Defendant has no control, nor the right to control, nor the duty to control. 35. Affirmative Defenses Answering Defendant reserves the right to assert at the time of trial any and all affirmative defenses revealed through discovery. WHEREFORE, Defendant demands Judgment in her favor and against all parties. AhSERT A. GRIFFI/TH, ESQUIRE Attorney for Defendant, Carroll W. Frame VERIFICATION Albert A. Griffith, Esquire, states that he is the attorney for the within named Defendant, Carroll W. Frame, and the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. ALSERT A. GPT7 H, ESQ; Attorney for D?Lrendant, Carroll W. Frame CERTIFICATE OF SERVICE; I do hereby certify that on January 21., 2005 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. A-rBnT A. GRT H,-'ESG Attorney for fendant, Carroll W. Frame _..{ F7 n N ?l) j h.• ?a 7 S BOBBY G. SPARKS AND LISHA YATES, INDIVDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-6023 CIVIL TERM V. CAR-ROLL W. FRAME, DEFENDANT JURY TRIAL DEMANDED DEMAND FOR JURY TRIAL Plaintiffs hereby demand trial by a jury of twelve persons. Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT4.AW 26 W. High Street Carlisle, PA Date: / '4 C) S/ By: Ala C. Caffrey, Esquire Attorney ID #42667 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiffs BOBBY G. SPARKS AND LISHA YATES, INDIVDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS VI. CARROLL W. FRAME, DEFENDANT CERTIFICATE OF SERVICE On this W day of ?? 2005, I, Adele H. Group, hereby certify that I served a true and correct copy of the foregoing DEMAND FOR JURY TRIAL via United States Mail, first-class, postage prepaid addressed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKETNO.: 03-6023 CIVIL TERM JURY TRIAL DEMANDED Carroll W. Frame C/o Albert A. Griffith, Esquire Law Offices of Stephen P. Ahern Suite 300 Two Logan Square 100-120 North 1 St' Street Philadelphia, PA 19103-4901 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Saidis, Shuff, Flower & Lindsay By: ?? ? t ?i? ?Y? Adele H. Group `t r?> ?- c:> <Jt 15 -? (-_ -?- -t fzl?r.. n C7 {?} CY] . .? ? L? _ Y i ? ,`' _.. ;!-Wit ?J ?.? C'l Our File No. 6642294406.1 PW-L32 LAW OFFICES ALBERT A. GRIFFITH, ESQUIRE Identification No. 80659 3 Parkway, Suite 600 1601 Cherry Street Philadelphia, PA 19102 Telephone: (215) 557-5628 BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES AS P/N/G OF CASEY YATES, A MINOR VS. CARROLL W. FRAME DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Carroll W. Frame, Demands a Jury Trial in ATTORNEY FOR DEFENDANT, Carroll W. Frame COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-6023 reference to the above captioned ALBERT A. GRI: F H, ESQUIRE Attorney for beffendant, Carroll W. Frame I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX) regular First Class mail DEM.DOC ,_?7 i s < ? ? _? t ;? BOBBY G. SPARKS AND LISFIA YATES, INDIVDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS V. CARROLL W. FRAME, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-6023 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER, NEW MATTER AND COUNTERCLAIM COME NOW the Plaintiffs, through their attorneys, Saidis, Shuff, Flower & Lindsay, and assert the following preliminary objections to Defendant's Answer and New Matter: Defendant's Answer and New Matter contains denials of fact but is not verified by the Defendant, in violation of Rule 1024 (c) of the Pennsylvania Rules of Civil Procedure. None of the circumstances set forth in Rule 1024 (c) which would permit SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA Defendant's Answer and New Matter to be verified by Defendant's counsel have been averred in Defendant's pleading. Consequenfly, counsel's verification of Defendant's pleading violates Rule 1024 (c). 3. Defendant's pleading should be verified by the Defendant. SAIDIS SHUFF, FLOWER & LINDSAY ATPORNEYS•AT•LAW 26 W. High Street Carlisle, PA WHEREFORE, Plaintiffs request the court to order Defendant to file and serve a properly verified Answer. i Date: ?z y if- rS By: Saidis, Shuff, Flower & Lindsay .Attorney ID #42667 26 West High Street -arlisle, Pennsylvania ]Phone: 717.243.6222 Attorney for Plaintiffs 1 ax: 717.243.6510 BOBBY G. SPARKS AND LISHA YATES, INDIVDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS V. CARROLL W. FRAME, DEFENDANT CERTIFICATE OF SERVICE On this U ? day of February, 2005, I, Adele H. Group, hereby certify that I served a true and correct copy of the foregoing PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER, NEW MATTER AND COUNTERCLAIM via United States Mail, first- class, postage prepaid addressed as follows: IN THE COURT OF COMMON PLEAS CUMI3ERLAND COUNTY, PENNSYLVANIA DOCK ETNO.: 03-6023 CIVIL TERM JURY TRIAL DEMANDED Carroll W. Frame Clo Albert A. Griffith, Esquire Law Offices of Stephen P. Ahern Suite 300 Two Logan Square 100-120 North 18'h Street Philadelphia, PA 19103-4901 SAIDIS SHUFF, FLOWER & LINDSAY ATrHRNEYS•AT•LAW 26 W. High Street Carlisle, PA Saidis, Shuff, Flower & Lindsay By: 7Y . /?Y Adele H. Group ? I • . 1 i'J 05055022 SPARKS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PLAINTIFF/S VS. FRAME DEFENDANT/S COURT OF' COMMON PLEAS NO. 03-6023 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, y (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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 6/03/05 6642294406.1 05055022 12/26/05 EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND) SPARKS VS. FRAME PLAINTIFF/S COURT OF COMMON PLEAS NO. 03-6023 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: BRIAN CAFFREY, ESQ. SAIDIS, SHUF, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE PA 17013-2956 ATTORNEY(S) FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, Pik 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF R19CORD AND SERVE UPON THE UNDERSIG AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. CHARLES D. BESS, M.D. POTOMAC VALLEY HOSPITAL ALLEGHENY REGIONAL HOSPITAL NATIONWIDE INSURANCE COMPANY TRI-STATE RADIOLOGY DATE: 5/06/05 AL13ERT GRIFFITH, ESQ. LAW OFFICES OF TWANDA TURNER-HAWKINS THREE PARKWAY 5-600 1601 CHERRY ST. PHILADELPHIA PA 19102 ATTORNEY(S) FOR DEFENDANT 05055022 12/26/05 COFYMDNWEALTH OF PEBII4MVANIA OOUNIY OF CUMBERLAND SPARKS VS. File No. FRAME Court of Common Pleas 03-6023 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. CHARLES D. BESS, M.D. RR 3, BOX 3267 TO:KEYSER WV 26726 (Name of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documnts or things: SEE ATTACHED ADDENDUM atR CE ORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpliance, 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 rtay seek a court order oarpelling you to ccnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME ALBERT GRIFFITH, ESQ. ADDRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 SUPREME COURT ID iE ATTORNEY FORDEFENDANT BY TtiE COURT: DATE: A? Q ? Seal o t e Court ISSUED ON: 6/3/05 Civil Division Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 05055022 12/26/05 SPARKS VS. FRAME ALL RECORDS OF EXAMINATION AND TREATMENT RENDERED AT ANY TIME FOR ANY REASON, INCLUDING BUT NOT LIMITED TO HISTORY RECORDS, MEDICAL REPORTS, INSURANCE REPORTS, X-RAY REPORTS, NOTATION CARDS, MEMORANDA, ALL BILLS, PAID OR UNPAID AND ANY OTHER RECORDS WHATSOEVER IN YOUR POSSESSION OR CONTROL PERTAINING TO BOBBY SPARKS (300 VALLEY VIEW AVE., KEYSER, WV, DOB 04/08/56, SSN 226-64-2751) INCLUDING REPORTS AND FILMS A,v 012(26/05 CommDI WEALTH OF P)SRIMVAINIA COUNTY OF Cif SPARKS Court of Common Pleas 03-6023 Vs. File No. FRAME SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISODVERY PURSUANT TO RIDE 4009.22 MEDICAL RECORDS DEPARTMENT POTOMAC VALLEY HOSPITAL 167 S. MINERAL ST. TO: KEYSER WV 26726 of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of canpliance, 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 carpelling you to cmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ALBERT GRIFFITH, ESQ. ADDRESS: TELEPHONE:FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FORpEFENDANT BY COURT: ?aie ?X) I ? I DATE: t'?V Seal o he Court ISSUED : 6/3/05 vil Division Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 05055022 12/26/05 SPARKS VS. FRAME ALL HOSPITAL RECORDS, MICRO-FILM, EMERGENCY ROOM REPORTS, X-RAY REPORTS, OUT-PATIENT RECORDS, PHYSIOTHERAPY RECORDS, ALL NURSES NOTES, ALL HOSPITAL BILLS, PAID OR UNPAID AND ANY OTHER RECORDS IN YOUR POSSESSION OR CONTROL PRIOR OR SUBSEQUENT TO THE DATE OF ACCIDENT: 11/25/01, PERTAINING TO BOBBY SPARKS (300 VALLEY VIEW AVE., KEYSER, WV, DOB 04/08/56, SSN :226-64-2751) INCLUDING REPORTS AND FILMS IN 05055022 12/26/05 COFM"NWFALTH OF PF2a15YLVANIA COUNTY OF CUMBERLAND 'SPARKS Court of Common Pleas 03-6023 VS. File No. FRAME SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO FILE 4009.22 MEDICAL RECORDS DEPARTMENT ALLEGHENY REGIONAL HOSPITAL 1 ARH LANE TO: LOW MOORE VA 24457 of Person or Ent within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ocnpIiance, 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 ccrtpelling you to camply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME•ALBERT GRIFFITH, ESQ. ADDRESS TELEPHONE:FOR INFORMATION: (215) 241-5858 SUPREME COURT fD #- ATTORNEY FOR aEFENDANT DATE: s Seal of Court ISSUED 01W 613105 (Eff. 7/97) av 05055022 12/26/05 COK40NWEALTH OF PENNSYLVANIA COUNTY OF CLRWIRERIAM SPARKS vs, File No. FRAME Court of Common Pleas 03-6023 SUBPOENA TO PRODUCE DOgJh1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RIDE 4009.22 NATIONWIDE INSURANCE COMPANY P.O. BOX 8379 TO: 1000 MARKET AVENUE NORTH CANTON OH 44711-8379 of Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA. (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 corrpellir:g you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ALBERT GRIFFITH, ESQ.- ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID #_ _ ATTORNEY FOR DEFENDANT BY Tf COURT: DATE: eal o he Court ISSUED ON: 6/3/05 Division Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 05055022 12/26/05 SPARKS VS. FRAME ALL RECORDS, PHOTOGRAPHS, STATEMENTS, CORRESPONDENCE, LETTERS, PAPERS, DRAFTS, BOOKS, MEDICAL REPORTS, ACCIDENT REPORTS AND ANY AND ALL DOCUMENTS OF ANY KIND WHATSOEVER IN YOUR POSSESSION OR CONTROL CONTAINED IN YOUR CLAIM# 9247N009459, PERTAINING TO ANY CLAIMS BY BOBBY SPARKS (300 VALLEY VIEW AVE., KEYSER, WV, DOB 04/08/56, SSN 226-64-2751) AS A RESULT OF AN ACCIDENT ON 11/25/01 OR ANY OTHER DATE. INCLUDING CLAIMS REPORTS AND DECLARATION PAGE 05055022 12/26/05 SPARKS vs FRAME TO: File No. Court of Common Pleas 03-6023 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D I SOOVERY PURSUANT TO R11?E: 4009.22 OF THE RECORDS OF RADIOLOGY 122 S. CENTRE ST. 28 CUMBERLAND MD 21501-0928 Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:. SEE ATTACHED ADDENDUM at RF.COED.COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (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 ray seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALBERT GRIFFITH, ESQ. ADDRESS TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME OOURT ID # ATTORNEY FOR:DEFENDANT BY 'per COURT: DATE: Seal of t e Court ISSUED : 613105 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUKBIRIAND rrothono , y Clerk, CUil Division Deputy - (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 05055022 12/26/05 SPARKS VS. FRAME ANY AND ALL CLINICAL OR DOCTOR'S RECORDS, NOTES, MEMORANDA, MEDICAL REPORTS, X-RAY REPORTS, INDEX CARDS, HISTORY NOTES AND RECORDS; MEDICAL BILLS, ANY AND ALL OTHER RECORDS AND REPORTS IN YOUR POSSESSION OR CONTROL RELATING TO THE EXAMINATION AND TREATMENT OF BOBBY SPARKS (300 VALLEY VIEW AVE., KEYSER, WV, DOB 04/06/56, SSN 226-64-2751) INCLUDING REPORTS AND FILMS ?? ~? ?_ ? ? 4_. ""j T r.. -?•? s- =, i=, _ Mr ...... 'i:_ ??i: -:. 1. l ? ?? .) OUR FILE NO.: 6642294406.1 PW-L32 V E R I F I C A T I O N Carroll Frame states that he is the Defendant named herein and that the facts set forth in the Defendant's Answer to Complaint and New Matter are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. Carroll Frame CCFI.DOC o .. , ?? u, , .a -" ?- -?, s __ y rr?.r G"? .?}C.; ,,. , vu N ? ? 'O? ?,-? ' i ,.' ? - r- '.J } C J rn 'r- r_'Y .. ri7 ? ? :.c y BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES AS P/N/G OF CASEY YATES, A MINOR VS. CARROLL W. FRAME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 03-6023 The parties to the instant action, through their respective counsel, hereby stipulate as follows: 1. That the Defendant, Carroll W. Frame, was negligent in allowing his vehicle to strike the vehicle in which the Plaintiffs and Casey Yates were riding on November 25, 2001 on the Pennsylvania Turnpike in Upper Mifflin Township, Cumberland County, PA. 2. That the Defendant's negligence as described in the preceding paragraph caused the collision that ensued at that place and time. 3. That trial shall be limited to the issues of causation of injuries and damages. Date: ) ? //? - Date: K ` o r . I rs FFITH, Esquire A Afo Defendant 3 Parkway 1601 Cherry Street, Suite 600 Philadelphia, PA 19102 215-557-5628 Brian C. Caffrey, E Attorney for Plaint 26 West High Street Carlisle, PA 17013 717-243-6222 ,. , ?- _ . -- 1 ORIGINAL BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES, AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR, Plaintiffs V. CARROLL W. FRAME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6023 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Carroll W. Frame, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN j ( ?? ? DATE: 4 `a 1 t BY: J. BARCAVAGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant Carroll W. Frame Ir CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I o1*h day of June, 2007, I served a true and correct copy of the Entry of Appearance, via U.S. first-class mail, postage pre-paid, as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 SUSAN M. WILLIAMS ?.r r r ?-- ":7 _:;.' ? a ` .` ? t.? ? ? _ r :?G ?` A- - BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES, AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR, V. CARROLL W. FRAME, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW NO. 03-6023 Defendant JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of the undersigned on behalf of Defendant, Carroll W. Frame, in the above-captioned case. BY: TEP J. ARCAVAGE, ESQUIRE TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned on behalf of Defendant, Carroll W. Frame, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOOGIN DATE: _7Ao16-:4_ BY: IJONALD L. CARME TE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorneys for Defendant, Carroll W. Frame r - -4h. CERTIFICATE OF SERVICE Donald L. Carmelite, Esquire, of the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of , 2007, I served a true and correct copy of the foregoing via U.S. first-class mail, postage pre-paid, as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 DATE: oq- BY: Attorneys for Defendant, Carroll W. Frame 05/331966.v l 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 a M r ll * ? -, a ) Fq • ' 4_ 4J ? N ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, AS P/N/G, ET AL PLAINTIFF/S VS. CARROLL W. FRAME DEFENDANT/S COURT OF COMMON PLEAS NO. 03-6023 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 06207036 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/23/07 STEPHEN J. CAVAGE, ESQ. ATTORNEY FC/R DEFENDANT 01226-01239 6642294406 PW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, AS P/N/G, ET AL PLAINTIFF/S VS. CARROLL W. FRAME DEFENDANT/S COURT OF COMMON PLEAS NO. 03-6023 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JAMES D. FLOWER, JR., ESQ. SAIDIS, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE PA 17013-2956 ATTORNEY(S) FOR PLAINTIFF 06207036 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. DR. CHARLES D. BESS, M.D. DATE: 6/21/07 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 06207036 12/25/07 R COMMDNWEALTH OF PENNSYLVANIA CO(JN'1'Y OF Q7M$ERIAND BOBBY G. SPARKS & LISHA YATES, INDIV. & , LISHA YATES, AS P/N/G, ET AL Vs., File No. CARROLL W. FRAME Court of Common Pleas 03-6023 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISODVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. CHARLES D. BESS, M.D. RR 3, BOX 3267 TO: KEYSER WV 26726 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at _ RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 mray seek a court order carpe l l i r:g you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREW COURT ID # ATTORNEY FOR: DEFENDANT DATE: Sea] of the ccbrt ISSUED ON: 7/23/07 BY THE OOURT: Pro tary , ivil Division Deputy (Eff. 7/97) Gl NO. 03-6023 ADDENDUM TO SUBPOENA 06207036 12/25/07 BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, AS P/N/G, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO BOBBY G. SPARKS (300 VALLEY VIEW AVENUE, KEYSER, WV, DOB 04/08/56, SSN 226-64-2751). Jan-20-07 15,2E From-MMUG 717-651-9630 T-936 P.003/003 F-602 PAGE2OF2 instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Bobby G. Sparks, Date of Birth: 418/56; Social Security No. 226-64-2751. P, CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of July, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 SUSAN M. WILLIAMS C7 0 T7 F f f n -O i..2 4D ?? ? ? 4 l ? p? L? ORIGINAL. w COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES, ET AL VS. CARROLL W. FRAME PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 03-6023 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 06227002 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/24/07 S E J. BARCAVAGE, ESQ. TTORNEY FOR DEFENDANT 02 '6-01239 66#294406 PW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES, ET AL VS. PLAINTIFF/S COURT OF COMMON PLEAS CARROLL W. FRAME DEFENDANT/S NO. 03-6023 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JAMES D. FLOWER, JR., ESQ. SAIDIS, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE PA 17013-2956 ATTORNEY(S) FOR PLAINTIFF 06227002 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. WINCHESTER NEUROLOGICAL CONSULTANTS DATE: 6/25/07 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT iv 062270 112/25/07 •J COMMONWEALTH OF PIIa1SYLVANIA couRry OF CItEERIAM BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES, ET AL Vs. . CARROLL W. FRAME Court of Common Pleas 03-6023 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF WINCHESTER NEUROLOGICAL CONSULTANTS 125 MEDICAL CIRCLE S-A TO: WINCHESTER VA 22601 (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrmliance, 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 carpe l l i rag you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: / U • .2?. 12 pp7 Sea 1 of the obu rt ISSUED ON: 7/24/07 BY THE COURT. Pro tart'/ , ivil Division Day (Eff. 7/97) T R w NO. 03-6023 ADDENDUM TO SUBPOENA 06227002 12/25/07 BOBBY G. SPARKS AND LISHA YATES, INDIVIDUALLY AND LISHA YATES, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO BOBBY G. SPARKS (300 VALLEY VIEW AVE., KEYSER, WV, DOB 04/08/56, SSN 226-64-2751). Jun-22-07 09:13 From-MMUG M t Instructions for MEDICAL. records: 717-651-9630 T-950 P. 003/003 F-637 PAGE 2OF2 Any and all medical records, including, but not limited to, Inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Bobby G. Sparks, Date of Birth: 418156; Social Security No. 226-64-2751. f' CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 3Vlt day of July, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 ?? A_- J "AM\W, SUSAN M. WILLIAMS l -13 R r ' 2> + rn ORIGINAL 06207037 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, AS P/N/G, ET AL PLAINTIFF/S VS. CARROLL W. FRAME DEFENDANT/S COURT OF COMMON PLEAS NO. 03-6023 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/23/07 01226-01239 6642294406 PW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, AS P/N/G, ET AL VS. PLAINTIFF/S COURT OF COMMON PLEAS CARROLL W. FRAME DEFENDANT/S NO. 03-6023 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JAMES D. FLOWER, JR., ESQ. SAIDIS, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE PA 17013-2956 ATTORNEY(S) FOR PLAINTIFF 06207037 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. POTOMAC VALLEY HOSPITAL PROGRESSIVE PHYSICAL THERAPY AND SPORTS MEDICINE CLINIC DATE: 6/21/07 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT .9"1 06207037 12/25/07 CIOMMOtAfEALTH OF PENNSYLVANIA 00EJN 'Y OF CI14EREAND BOBBY G. SPARKS & LISHA YATES, INDIV. 6 . LISHA YATES, AS P/N/G, ET AL Vs. File No. CARROLL W. FRAME Court of Common Pleas 03-6023 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCtO'VERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT POTOMAC VALLEY HOSPITAL 167 S. MINERAL ST. TO: KEYSER WV 26726 (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of oarpliance, 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 caroa 11 irg you to comp ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241--3858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE: J-U.Aa r .2(, .1667 Seal of the ISSUED ON: 7/23/07 BY THE COUR Pr thono Civil Division Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 06207037 12/25/07 BOBBY G. SPARKS & LISHA YATES, INDIV. & LISEA YATES, AS P/N/G, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO LISHA D. YATES SPARKS (300 VALLEY VIEW AVENUE, KEYSER, WV, DOB 12/20/61, SSN 236-82-2342). dun-ZQ-O? 15:28 From-MMUG 717-651-8630 T-996 P-002/003 F-603 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, Mills, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Usha D. Yates Sparks, Date of Birth: 12120/61; Social Security No. 236-82-2342. L., 06207037 12/25/07 BOBBY G. SPARKS & LISHA YATES, LISHA YATES, AS P/N/G, ET AL MWWWWFAI,TH OF PENNMVANtA COUNTY OF C LRQEE IAM INDIV. & Court of Common Pleas 03-6023 vs.. CARROLL W. FRAME File No. _SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF SPORTS MEDICINE CLINIC • PROGSSIVE E PHYSICAL L THERAPY 26 AND 26 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 carpe l l i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE: Seal of the Cburt ISSUED ON: 7/23/07 BY THE COURT: Prot tary v i 1 Division Deputy (Eff. 1/97) NO. 03-6023 ADDENDUM TO SUBPOENA 06207037 12/25/07 BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, AS P/N/G, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO LISHA D. YATES SPARKS (300 VALLEY VIEW AVENUE, KEYSER, WV, DOB 12/20/61, SSN 236-82-2342). Jun-20-07 15:28 From-MMUG 7}7-65}4530 T-936 P.003/003 F-603 Instructions for MEDICAL records: PAGE 2 OF 2 Any and all medical records, including, but not limited to, Inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MRis, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Lisha D. Yates Sparks, Date of Birth: 12120161; Social Security No. 236-82-2342. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ?&h day of July, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 SUSAN M. WILLIAMS C.) T 14 C= na -< ORIGINAL. 00 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, ET AL VS. CARROLL W. FRAME PLAINTIFF/S DEFENDANT/S COURT OF COMMON PLEAS NO. 03-6023 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 11/05/07 01226,-01239 6642294406 PW w COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, ET AL VS. PLAINTIFF/S COURT OF COMMON PLEAS CARROLL W. FRAME DEFENDANT/S NO. 03-6023 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JAMES D. FLOWER, JR., ESQ. SAIDIS, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE PA 17013-2956 ATTORNEY(S) FOR PLAINTIFF 10017021 12/25/07 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. CENTER FOR PAIN MANAGEMENT DATE: 10/02/07 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT 10017021 - 72476 12/25/07 ? CpmW,TS OF PVNSISMVANIA COUWY OF CLDEEFffAM BOBBY G. SPARKS & LISHA YATES, INDIV., & LISHA YATES, ET AL . File No. VS. CARROLL W. FRAME COURT OF COMMON PLEAS 03-6023 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOO'VERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF CENTER FOR PAIN MANAGEMENT TO: 1150 PROFESSIONAL CT., S-P, HAGERSTOWN, MD 21740 (Name of Person or Entity) .Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM PERTAINING TO BOBBY G. SPARKS (300 VALLEY VIEW iAiVENUE ' KEYSER, -WV., <"'I}6Br4/A8/5'S, .".&SN'.226_tw&4=2751) . at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, 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 ccarpliance, 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 ccnpe l ling you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE: 10 2 ft 2 Seal of the Court ISSUED ON: 11/05/07 BY THE COURT : Prothonotary/Cle?"k, Civi 1 Divisiof Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 10017021 11/26/07 BOBBY G. SPARKS & LISHA YATES, INDIV. & LISHA YATES, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO BOBBY G. SPARKS (300 VALLEY VIEW AVENUE, KEYSER, WV, DOB 04/08/56, SSN 226-64-2751). Oct-01-07 09:35 From-MMUG 717-651-9630 T-655 P.003/003 F-546 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, surgical records, lab reports, x-ray films, MIRK CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Bobby G. Sparks, Date of Birth: 4/8/56; Social Security No. 226-64-2751. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this *n day of November, 2007, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 0 SUSAN M. WILLIAMS ? N © Q ,. can CrN ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS AND LISHA YATES, INDIV & LISHA YATES, ET AL VS. CARROLL W. FRAME COURT OF COMMON PLEAS NO. 03-6023 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 04298023 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED 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 THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 5/29/08 PLAINTIFF/S DEFENDANT/S CARMELITE, ESQ. FOR DEFENDANT 01226-01239 6642294406 PW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BOBBY G. SPARKS AND LISHA YATES, INDIV & LISHA YATES, ET AL VS. PLAINTIFF/S COURT OF COMMON PLEAS CARROLL W. FRAME DEFENDANT/S NO. 03-6023 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: JAMES D. FLOWER, JR., ESQ. SAIDIS, FLOWER & LINDSAY 26 W. HIGH ST. CARLISLE PA 17013-2956 ATTORNEY(S) FOR PLAINTIFF 04298023 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. MOUNTAIN STATE PSYCHOLOGICAL SERVICES DR. WILLIAM W. MARK, JR., M.D. DATE: 5/01/08 DONALD L. CARMELITE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT OF PENNSYLVANIA OOUNPY OF amBERLA D BOBBY G. SPARKS AND LISHA YATES, INDIV. & LISHA YATES. ET AL Vs. CARROLL W. FRAME • File No. N 04298023 12/25/08 Court of Common Pleas 03-6023 SUBPOENA TO DOC( NTS OR THiM FOR DIS0 WERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF MOUNTAIN STATE PSYCHOLOGICAL SERVICES 130 CENTER ST. TO: KEYSER WV 26726 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered b SEE ATTACHED ADDENDUM Y the court to produce the following documents or things: at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce thi this subpoena' together with the certificate of ngs requested by carp 1 i ante , to the party malting 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 thi (20) days after its service the n9s required by this subpoena within twenty carpelIirg you to party serving this subpoena may seek a court order carnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) - 58 SUPREME COURT ID # ATTORNEY FOR: DEFE ANT DATE : tSea d 1 d?f the 0 urt ISSUED ON: MAY 2 9= 7THE COURT: Pro tary/O Division Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 04298023 12/25/08 BOBBY G. SPARKS AND LISHA YATES, INDIV. & LISHA YATES, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO BOBBY G. SPARKS (300 VALLEY VIEW AVENUE, KEYSER, WV, DOB 04/08/56, SSN 226-64-2751). Apr-29-08 15:28 From-MMUG 717-651-9630 T-263 P-003/003 F-932 PAGE 2 OF 2 instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, psychological and/or psychiatric records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Bobby G. Sparks, Date of Birth: 418156; Social Security No. 226- 64-2751. C0tt4J N E2kLTH OF PENNSYLVANIA BOBBY G. SPARKS AND LISHA YATES, & LISHA YATES, ET AL Vs. CARROLL W. FRAME • File No. N 04298023 12/25/08 Court of Common Pleas 03-6023 SIEPOENA TO PRODUCE DOCtf•Et?TS OR TH I Nf3S FOR D I SCDMy PURSUANT TO RULE 4009.2 CUSTODIAN OF THE RECORDS OF DR. WILLIAM W. MARK, JR., M.D. 224 WASHINGTON ST. TO: CUMBERLAND MD 21502 Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered b produce the following doa rents or things: SEE ATTACHED ADDENDUM Y the court to at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docuTlents or produce things requested this subpoena, together- with the certificate of ca, a r Baking t by request at the address listed above. You have the right to seek ino ad teethe reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or thi (20) days after its service the ngs required by this subpoena within twenty compel 1 i rg you to party serving this subpoena tray seek a court order comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESQ. ADDRESS: TELEPHONE, FOR INFORMATION: (215 NT--M58 SUPREME COURT ID # ATTORNEY FOR:DEFE ANT DATE : ?, 3l1 a ? V, Sea 1 f the Cart ISSUED ON: MAY 2 9 2008 gouNry OF (MAID IND IV . BY THE COURT: Pro terry/Cler 1 Division Deputy (Eff. 7/97) NO. 03-6023 ADDENDUM TO SUBPOENA 04298023 12/25/08 BOBBY G. SPARKS AND LISHA YATES, INDIV. & LISHA YATES, ET AL VS. CARROLL W. FRAME SEE ATTACHED ADDENDUM PERTAINING TO BOBBY G. SPARKS (300 VALLEY VIEW AVENUE, KEYSER, WV, DOB 04/08/56, SSN 226-64-2751). Apr-29-08 15:28 From-MMUG 717-651-9630 T-263 P-003/003 F-932 PAGE 2 OF 2 Instructions for MEDICAL records: Any and all medical records, Including, but not limited to, inpatient records, outpatient records, psychological and/or psychiatric records, physical therapy records, rehab records, lab reports, x-ray films, MRIG, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning Bobby G. Sparks, Date of Birth: 4/8/56; Social Security No. 226- 64-2751. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggn, do hereby certify that on this day of June, 2008, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Dean Reynosa, Esquire SAIDIS, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 , N 1.) 0-1 .' - , SUSAN M. WILLIAMS C: i. c.? r5 r-} rv ? rn -c In the Court of Common Pleas of Cumberland County, Pennsylvania BOBBY SPARKS AND LISHA YATES INDIVIDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YEATS, A MINOR PLAINTIFFS, NO. 03-6023 VS. CIVIL ACTION C73 c -? > e CARROLL W. FRAME, DEFENDANT, STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiffs intend to proceed with the above captioned matter. SAIDIS, SULLIVAN & ROGERS Date: 10-24-2011 f an . R_ osa, Esquire Aftow,ey -I'd. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiffs CERTIFICATE OF SERVICE AND NOW, October ?N , 2011, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Plaintiffs Statement of Intention to Proceed upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Donald L. Carmelite Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 1. aw_E,..Ai?ynosa, Esquire Attorney I.5'No. 80440 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiffs In the Court of Common Pleas of Cumberland County, Pennsylvania BOBBY SPARKS AND LISHA YATES INDIVIDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS, NO. 03-6023 , 'SJ X w '—d VS. �, CIVIL ACTION CARROLL W. FRAME, r- DEFENDANT, ° - 4 C-) � : ?41, C co PETITION TO REMOVE GUARDIAN AND AMEND RECORD PURSUANT TO PA.R.C.P. NO. 2037 AND NOW this k—day of May, 2013, comes Plaintiffs Casey Yates and Lisha Yates, in her capacity as the prior natural guardian of Casey Yates, and hereby state as follows in support hereof: 1. Plaintiffs filed a Writ of Summons on or about November 18, 2003, concerning injuries sustained in an automobile accident that occurred on or about November 25, 2001. 2. At the time that this action was filed, Plaintiff Casey Yates was a minor as her date of birth is October 9, 1990. See copy of Casey Yates' birth certificate which is attached hereto as Exhibit A. 3. A Complaint was thereafter filed on January 5, 2005, wherein negligence claims were asserted against the Defendant by Bobby G. Sparks and Lisha Yates, individually, and in her capacity as the guardian of Casey Yates. 4. On October 9, 2008, Plaintiff Casey Yates attained the age of majority. 5. Plaintiff Casey Yates respectfully requests that the caption of this matter be amended pursuant to Pa.R.C.P. No. 2037 to reflect that she is now an adult. 6. Plaintiff Lisha Yates, in her capacity as the prior natural guardian of Casey Yates, a minor, requests that the caption of this matter be amended to reflect that Casey Yates is an adult. 7. Donald L. Carmelite, Esquire, Counsel for Defendant Carroll Frame does not oppose this request. WHEREFORE, it is respectfully requested that this Honorable Court direct that the Cumberland County Prothonotary amend the caption of this matter to reflect that Casey Yates is an adult. Respectfully, Submitted, SAIDIS, ULLIVAN & OGERS Date: 5`��'�'�� can E. Reynos , squire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiffs i �'Y..h`l,a'�*f r}a tE'�`$:'b w€ ,,xr i;,v,';� s+i��d L_y�yF..x/�„7 y{3'i�R�r��n,k/e`i:•ls•°`t,4`�•`•,�#;r�!,.ii3,'4,'v�\ l^ ^,o•d��,-i 1.-,,w,.�>:r.a:r.3 o?i.a�.r,-',.�:st'sr\a"'sC•.',!+T:r 4 2{��1`b,'`^�w,'�`C.�,,,�'4t I�s+..�t��'i s i4',14�,f�,.r.�f�;,^�ti"t�`2e 1,^^„*-.;s;;`�r.t'.„b�.`tp t1\d.�,'`.j,L�'�,�S.i ls 5 o-f.f(�4Psit,��.:4 ta7��1 V i'."•{r"".`�a:'."y"Aa:3.�`ti!`•"�g:.b,cj V�ar�":�f i V'r�14'v r'{n.q�yV t�i�9`r%sir"�$r„A�',l+i 7•w.7:an/,rs�.�s,`:..^..Q�<.I•.;+/i,•..i��+C:'•t:t Sp C a'{rk''t<.��p,�d�,ti w,,'f,sN.'P 1��'yi 1 G�i.a'.+k-.,7...°r('4?t':.a*`"Ge'as i••:4•F?1'.�S.v'`{i,.Sc,;v t,;ntpP^ &h s,�t:.ss•. :�i' > 41c 00` 4; .x f,(a r a e a6 ' s , ` geA.��,jx�•(�} •,��y.._ L, x �;�a.••i,:, " �A1 1 1 COMMONWEALTH WSALT H CAF VIRGINIA 10 DEPARTMENT OF HEALTH - DIVISION OF VITAL RECORDS 'TA- STATE 4 FILE NUMBER: 145-90-077458 ' NAME OF REGISTRANT: CASEY NICOLE YATES � s I DATE OF BIRTH: OCTOBER 9, 1990 SEX: FEMALE PLACE OF BIRTH: ALLEGHANY COUNTY, VI GI IA R # AIBEtAIE OF O T HER: L€ ftA ? PARKER AGE. G MOTHER 'S PLACE OF BI RTH t WEST VI 61NIA AS. NAME OF FATHER: TH€GAS tLAFENCE YATES AGE: 28 ' FATHER 'S PLACE OF BIRTH: KENTUCKY F DATE RECORD FILED: OCTOBER 1990 DATE ISSUED: 08-24-95 This is to certify that this is a true and correct reproduction or abstract of the official record filed with the Virginia Department of Health, Richmond,Virginia, p i!.'• 4 vtv�.Sti1�\ggttit} F.'���2►"ti\.1.1�tt • ^tom•s� ��aa ti / awf �' tit4rrrr `y` u� �y�e�Tla,.:; ��-Q��►,StT6f�,yT��tj�3;�i� ;. ryr �1 • � STATE REGISTRAR Any reproduction of this document is prohibited by statute.Do not accept unless on security paper with seal of Vital I Z— L Statistics clearly embossed.Section 32.1-272,Code of Virginia,as amended, f m �`'� ;; yrrr o VS tbC ��irir � ��jT��'+w::::•`�\G "'f Pat"",�Y 4 h ! l isr ���tis�lZ!ksj1 a'ta�,`�"��• ,�,4 ;iii; �:, ^;-s- '.��'"w"�:�r3if�f�', '?�`tk` � ` x � �j (r, `„�� ;p�I;� � ��t�y?'�'���� � 1�'� �a?"? i�b,'L..s�,y yF�Z:vw6�r:eF`v:a✓:!T.•e�/Iti'�!tvFi;v`,��,j. +$l?:�Jd” ftG'��W1sa; `x ..»,J.. t v" __,... � cs k?yet, w ,2�,, set, -1-�`x' "ar �kta�,�,;; �a. f.id..` "9i'.�4,�� i� ,, TA Li•..A ;�.., n a�a`Lii_.;;4.b w�c,/.rkv�• 1 ae . .rtu v:. �..x,�- ts •.'�s ,l`is�".:>r� Li4:k �l ,•.S:ut:'' �:c'► � i VERIFICATION I, Casey Yates, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Casey Yate Date:� � �� �-- �� \� VERIFICATION f, Lisha Yates, in my capacity as Guardian of Casey Yates, verify that the statements made in the foregoing document are true and correct. I state that 1 have the authority to execute this verification on behalf of Casey Yates. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. „v a�t�.- Lis a Yates,Guar n of asey at s Date: p1 In the Court of Common Pleas of Cumberland County, Pennsylvania BOBBY SPARKS AND LISHA YATES INDIVIDUALLY AND LISHA YATES AS PARENT AND NATURAL GUARDIAN OF CASEY YATES, A MINOR PLAINTIFFS, NO. 03-6023 VS. CIVIL ACTION CARROLL W. FRAME, DEFENDANT, CERTIFICATE OF SERVICE AND NOW, May. , 2013, I, Dean E. Reynosa, Esquire, hereby certify that did serve a true and correct copy of the Petition to Remove Guardian and Amend Record Pursuant to PA.R.C.P. No. 2037 upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Donald L. Carmelite Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 A.. �� D an nos Esquire Attorney I.D. No. 80440 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiffs In the Court of Common Pleas of Cumberland County, Pennsylvania BOBBY G. SPARKS, LISHA YATES and CASEY YATES, PLAINTIFFS NO. 03-6023 VS. CIVIL ACTION Y CARROLL W. FRAME, DEFENDANT ORDER OF COURT r 1� AND NOW this day of May, 2013, upon consideration of Plaintiffs Casey Yates and Lisha Yates, in her capacity as the prior natural guardian of Casey Yates, Petition to Remove Guardian and Amend Record Pursuant to Pa.R.C.P. No. 2037, IT IS HEREBY ORDERED that the record is amended to reflect that Casey Yates is now an adult. Lisha Yates is removed as guardian and the caption shall now identify Plaintiffs as "Bobby G. Sparks, Lisha Yates and Casey Yates." By the Court, 1 J Distribution: Dean E. Reynosa, Esquire 26 West High Street Carlisle, PA 17013 Donald L. Carmelite -.O: Marshall, Dennehey, Warner, Coleman & Goggins 4200 Crums Mill Road, Suite B nr-- C., ,s Harrisburg, PA 17112 ° ' S X0/a r 2013 JUL 19 KI 3, 15 CUMBERLAND COUNTY PENNSYLVANIA BOBBY G. SPARKS, LISHA YATES, IN THE COURT OF COMMON PLEAS OF AND CASEY YATES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 03-6023 CARROLL W. FRAME, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE,DISCONTINUE,AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. Respectfully submitted, Saidis Sullivan &Rogers By: Aan Reynosa, squire 26 W. High Street Carlisle, PA 17013 Attorney for Plaintiffs Dated: �' (�• a CERTIFICATE OF SERVICE I, Lisa J. Wallace, an employee with the law firm of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on this day of July, 2013, 1 served a true and correct copy of the Praecipe to Settle, Discontinue and End being filed with the Court, via U.S. first-class mail, postage pre-paid, as follows: Dean Reynosa, Esquire Saidis Sullivan&Rogers 26 W. High Street Carlisle, PA 17013 jis PWace