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Home My WebLink About08-3595IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. S 2008 - 2.5_ K Civil Action - Law WILLIAM M. BREEN and SUSAN E. BREEN, his wife 107 Glendale Drive Mechanicsburg, PA 17055 CARROL TRACEY 104 Glendale Drive VS. Mechanicsburg, PA 17055 : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County in order to serve the same upon Defendant, Carrol Tracey at 104 Glendale Drive, Mechanicsburg, PA 17055. Lee C. Swartz TUCKER ARENSBERG, P.C. 111 North Front Street P.O. BOX 889 Harrisburg, PA 17108-0889 (717 2344121 Signre of Attorney Supreme Court I.D. #07258 Date: 3,_Lti.C L-3, ate ? WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. P onotary Date: 4 By Deputy 101706.1 V _ IN% N G? 'J -cl z a, CJN Go 0 _.1 ?.Y SHERIFF'S RETURN - REGULAR CASE NO: 2008-03595 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BREEN WILLIAM M ET AL VS TRACEY CARROL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TRACEY CARROL the DEFENDANT , at 1412:00 HOURS, on the 21st day of June 2008 at 104 GLENDALE DRIVE MECHANICSBURG, PA 17055 by handing to CARROL TRACEY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.00 ? Postage .59 Surcharge 10.00 R. Thomas Kline .00 ? 37.59 06/23/2008 TUCKER ARENSBERG Sworn and Subscibed to By: 4, k V ,? before me this day Deputy She iff of A.D. 07 ORIGINAL Tucker Arensberg, P.C. BY: Lee C. Swartz I.D. NO: 07258 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 ATTORNEY FOR PLAINTIFF WILLIAM M. BREEN and SUSAN E. BREEN, his wife, V. CARROL TRACEY, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3595 CIVIL : JURY TRIAL DEMANDED CIVIL ACTION COMPLAINT "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 (2o) 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 buy the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property of 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERENCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 "AVISO" "Le han demandado en torte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el platy de veinte (20) dias despuds de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la torte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hater asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la torte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TEL$FONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ES'rA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 WILLIAM M. BREEN and SUSAN E. BREEN, his wife, Plaintiffs V. CARROL TRACEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 - 3595 CIVIL JURY TRIAL DEMANDED COMPLAINT 1. William M. Breen and Susan E. Breen, husband and wife, are adult individuals residing at 107 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Carrol Tracey is an adult individual residing at 104 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On June 19, 2006, the Defendant was the owner of a large dog which she allowed to run loose in violation of the Dog Law, 3 P.S. § 460-702. 4. The Defendant knew or should have known that her dog was large and dangerous. 5. On August 19, 2006, the Defendant's unrestrained dog entered the property of the Plaintiffs and without provocation jumped on William M. Breen, knocking him down and injuring him. 6. On August 19, 2006, the Defendant's dog once again jumped up on the Plaintiff William M. Breen, causing him a second injury. 7. Solely as a result of the attacks of the Defendant's dog, Plaintiff William M. Breen suffered various injuries, including but not limited to injuries to his upper back, right shoulder, neck and groin area. 8. Solely as a result of the attack by Defendant's dog, Plaintiff William M. Breen has expended various sums of money for medicine and medical attention and treatment in curing himself of his injuries. 9. As a result of the attacks by the Defendant's dog, the Plaintiff Susan E. Breen has been and may in the future be deprived of the care, companionship, consortium and society of her husband, William M. Breen, all of which will be to her great detriment and loss. WHEREFORE, Plaintiffs demand judgment against the Defendant in an amount within the jurisdictional amount requiring compulsory arbitration by local rule. TUCKER ARENSBERG, P.C. By: ? 4Laee-A4-- Pa. Bar I.D. No. 07258 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR PLAINTIFFS 108206.1 VERIFICATION I, WILLIAM M. BREEN, hereby certify that I am a Plaintiff in this action, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. & IA- ?- )14, L&t? William M. Breen Dated:,Ar,tt} r 27, , 2009 CERTIFICATE OF SERVICE AND NOW, this day of , I, LEE C. SWARTZ, hereby certify that I have this day served the within Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Carrol Tracey 104 Glendale Drive Mechanicsburg, PA 17050 -e-em- Q) Lei -(I. Swartz 108206.1 0 FILED- I m,' tiIARY OF THE 2099 AUG 25 Al 1 ! : 34 uNTY PENr6"d VANA ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [7171975-8114 Direct Dial: (717) 760-7502 Fax: [7171975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendant: CARROL TRACEY WILLIAM M. BREEN and SUSAN E. BREEN, his wife, Plaintiffs v. CARROL TRACEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3595 CIVIL JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Carrol Tracey, in the above-captioned matter. Respectfully submitted, MARGOLIS Date: By: ROLF E. I<MOLL, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendant, CARROL TRACEY 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 28th day of August, 2009, and addressed as follows: Lee C. Swartz, Esquire Tucker Arensberg 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN By: d?i? j ` Vicki A. Bolinger, RP OF THE ± `im. ??TAP.Y 2009 SEP - I PII I : 40 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendant: CARROL TRACEY wiLL1ttM M. Bl?.h ;N and SUSAN E. BREEN, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. CARROL TRACEY, Defendant. NO. 2008-3595 CIVIL : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: WILLIAM M. BREEN and SUSAN E. BREEN c/o Lee C. Swartz, Esquire Tucker Arensberg 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: M.ARGOLM E?ELSTEIN By:' J / I V // ( fc, (, F E. KROLV, ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendant, CARROL TRACEY 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com WILLIAM M. BREEN and SUSAN E. BREEN, his wife, Plaintiffs V. Attorneys for Defendant: CARROL TRACEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-3595 CIVIL CARROL TRACEY, Defendant. : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, CARROL TRACEY, TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Carrol Tracey ("Defendant"), by and through her counsel, Margolis Edelstein, to answer the Complaint of Plaintiffs, William M. Breen and Susan E. Breen, his wife ("Plaintiffs"), and in support thereof, avers the following: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are therefore denied. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendant was an owner of a number of dogs. It is specifically denied that any said dog was allowed to run loose in violation of the dog law, and strict proof to the contrary is demanded at trial. 4. Denied. The allegation of this paragraph of Plaintiffs' Complaint constitutes a conclusion of law to which no responsive pleading is required, and the same is denied as being factually and legally incorrect. 5. Denied. It is specifically denied that any dog owned by Defendant left Defendant's property, and strict proof to the contrary is demanded at trial. By way of further answer, it is specifically denied that Defendant had knowledge or reason to know that her dog was dangerous, and strict proof to the contrary is demanded at trial. 6-9. Denied. The allegations of these paragraphs of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required, and the same is therefore denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs of Plaintiffs' Complaint, and same are therefore denied. By way of further answer, paragraphs 3-5 hereof are incorporated herein by reference and set forth in full. WHEREFORE, Defendant, Carrol Tracey, demands judgment in her favor and against Plaintiffs with costs of suit assessed to Plaintiffs. NEW MATTER 10. The foregoing paragraphs are incorporated herein by reference as if set forth at length. 11. If it is determined that Defendant is liable to Plaintiffs on their cause of action, Defendants aver that Plaintiffs' recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 12. It is further averred that if Plaintiffs suffered any injuries and/or damages -2- as alleged, they were caused solely and primarily by Plaintiffs' own carelessness, recklessness and/or negligence. 13. It is further averred that if Plaintiffs suffered any injuries and/or damages as alleged, they were caused solely and primarily by the carelessness, recklessness and/or negligence of third parties. 14. It is further averred by Defendant that some of Plaintiffs' cause of action is barred by the appropriate Statute of Limitations. 15. In the event that Plaintiffs request damages for delay pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure, Defendant here challenges the applicability and constitutionality of said Rule, place it at issue and demand a hearing on the matter. 16. Defendant asserts and incorporates, as though fully set forth herein at length, all defenses in Pa. R.C.P. No. 1030(a). 17. Defendant aver that Plaintiffs' alleged injuries, damages and treatment may have been unreasonable and excessive as the evidence will reveal. 18. Plaintiffs have failed to state a cause of action upon which relief may be granted. 19. Defendant provided all necessary, adequate and proper warnings to the extent such warnings were necessary. 20. Defendant had no notice of any alleged dangerous and/or defective conditions and/or dangerous propensities of the aforementioned dog. 21. Defendant believe and, therefore, aver that any allegedly negligent act or -3- omission on the part of Defendant was not the proximate cause of Plaintiffs' injuries. 22. Defendant had neither actual nor constructive knowledge of any alleged defective and/or dangerous condition. 23. Defendant deny any actual and/or constructive knowledge of any alleged vicious or dangerous propensities of the aforementioned dog prior to the incident in question, the existence of any allegedly vicious or dangerous propensities of the dog being specifically denied. 24. The conduct of the dog in question was provoked. Respectfully submitted, EDELSTEIN Date: S 4 Cg By: LL, ESQUII A Att rney I.D. #47243 Attorneys for Defendant, CARROL TRACEY 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 -4- VERIFICATION I, CARROL F. TRACEY, have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, CARROL F. TRACEY, TO PLAINTIFFS' COMPLAINT, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: r dS- --a009 `% ?-'- CAI?kOL F. TRACEY CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, CARROL TRACEY, TO PLAINTIFFS' COMPLAINT, all counsel of record by placing the same in the United States mail at-class postage prepaid, on the `W day of 2009, and addressed as follows: Lee C. Swartz, Esquire Tucker Arensberg 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 MARGOLIS EDELSTEIN nn E. Nelson, Secret y RA)-?E OP THE ROT OTAPY 2009 OCT -5 PM 1: 35 r WILLIAM M. BREEN and SUSAN E. BREEN, his wife, Plaintiffs V. CARROL TRACEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3595 CIVIL Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER ORIGINAL 10. Admitted. 11. Denied. This paragraph states a conclusion of law which requires no answer. 12. Denied. This paragraph states a conclusion of law which requires no answer. 13. Denied. No third-parties were involved. 14. Denied. Plaintiffs' action was filed within the statute of limitations. 15. Denied. This paragraph states a conclusion of law which requires no answer. 16. Admitted to the extent that Defendant asserts legal defenses. 17. Denied. Plaintiffs treatment was reasonable and necessary. 18. Denied. This paragraph states a conclusion of law which requires no answer. 19. Denied. Defendant provided no warnings. 20. Denied. On the contrary, it is averred that Defendant was aware that her dog had dangerous and vicious propensities. 21. Denied. On the contrary, it is averred that the sole cause of the Plaintiffs injuries was the attack by the Defendant's dog. 22. This averment is impossible to answer inasmuch as it appears to have nothing to do with the underlying action and is therefore denied. 23. Denied. On the contrary, it is averred that the Defendant had full knowledge of the dangerous propensities of the dog prior to the incident. 24. Denied. On the contrary, it is averred that the dog made an unprovoked attack on Plaintiff William M. Breen on his own property. TUCKER ARENSBERG, P.C. By: L be C. Swartz Pa. Bar I.D. No. 07258 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-68102 ATTORNEYS FOR PLAINTIFFS 110079.1 VERIFICATION I, WILLIAM M. BREEN, hereby certify that I am a Plaintiff in this action, and that the facts contained in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. William M. Breen Dated: (/"? 11 ETt / 7 , 2009 CERTIFICATE OF SERVICE AND NOW, this day of le day of October, 1, LEE C. SWARTZ, hereby certify that I have this day served the within Reply to New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf E. Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 110079.1 Lee . Swartz F 7?RLEvr---.;l-r,'.. 2999 GOT 20 F -" 1: 5 a Culkli ??? t ? ' + f 11-4095J CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE -VS CARROLTRACEY -a ? Court of Common Pleas Cumberland County r;,y No. 2008-3595 -? w e..... c» N F5 sa ? C:) As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROLF KROLL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 5/31/2011 L Cf t ?SQU E Counsel for Defendant Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com WILLIAM M. BREEN AND SUSAN E. IN THE COURT OF COMMON PLEAS BREEN, HUSBAND AND WIFE CUMBERLAND COUNTY vs. CARROL TRACEY No. 2008-3595 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LEE C. SWARTZ, ESQUIRE TUCKER, ARENSBERG & SWARTZ, PC 111 N. FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 Please take notice there has been a request by ROLF KROLL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to WILLIAM BREEN Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: May 10, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page '1' . Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com WILLIAM M. BREEN AND SUSAN E. CCLR File NO. 11-4095J BREEN, HUSBAND AND WIFE vs. CARROLTRACEY COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 5/10/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 5/31/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) LEE C. SWARTZ, ESQUIRE TUCKER, ARENSBERG & SWARTZ, PC 111 N. FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CITMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY File No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BARTELL CHIROPRACTIC - MEDICAL RECORDS DEPT (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 Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY TO: CARLISLE REGIONAL MEDICAL CENTER - MEDICAL RECORDS DEPT (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 Any and all medical records from 1/1/2005 - Present, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 2008-3595 BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY File No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER - RADIOLOGY FILE ROOM (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 Any and all films from 1/1/2005 - Present, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY File No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER - PATIENT BILLING DEPT (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 Any and all billing records from 1/1/2005 - Present, invoices, payments, receipts, pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY TO: DR. KATHLEEN SEMPELES - MEDICAL RECORDS DEPT (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 Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 2008-3595 BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY File No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERSHEY MEDICAL CENTER - MEDICAL RECORDS DEPT (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 Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY TO: HERSHEY MEDICAL CENTER - RADIOLOGY FILE ROOM (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 Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Fite No. 2008-3595 BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY File No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: INDEPENDENCE BLUE CROSS - LEGAL DEPT (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 Any and all Blue Cross records, reports, including, but not limited to medical records/reports, invoices (paid, payable or unpaid), payment log with codes for denial decisions, any lien claims, and any and all other records concerning Plaintiff. Policy Number R59283019. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY Fite No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENN STATE UNIVERSITY PHYSICIANS GROUP - MEDICAL RECORDS DEPT (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 Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM M. BREEN AND SUSAN E. BREEN, HUSBAND AND WIFE VS CARROL TRACEY File No. 2008-3595 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: UNIVERSITY PHYSICIAN GROUP - FAMILY PRACTICE (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 Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to William Breen. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:ROLF KROLL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) •f " < WILLIAM M. BREEN and : IN THE COURT OF COMMON PLEAS SUSAN E. BREEN, his wife, : CUMBERLAND COUNTY, PA • Plaintiffs : CIVIL ACTION - LAW v. : NO. 2008-3595 CIVIL TERM CARROL TRACEY : PETITION FOR APPOINTMENT : OF ARBITRATORS Defendants : (Jury Trial Demanded) PETITION FOR APPOINTMENT OF ARBITRATORS _. _: TO THE HONORABLE ALBERT H. MASLAND: Lee C. Swartz, counsel for the Plaintiffs in the above action represents that: 1. The above-captioned action is at issue. 2. The total amount in controversy is $50,000 or less. The following attorneys are interested in the case as counsel or are otherwise disqualified to set as arbitrators: Lee C. Swartz and Rolf E. Kroll. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, TUCKER ARENSBERG, P.C. i By: • � II EE C. S IARTZ, E S�. Attorneys for Plaintiffs cok - •,t CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition for Appointment of Arbitrators has been mailed by U.S. Mail to counsel of record, via first class mail, postage pre- paid, this -21 rte- day of ��r4..a..t_y , 2014. Rolf E. Kroll, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, Pa 17011 Tucker Arensberg, P.C. Sue-Ellen Danielsen, Legal Secretary H BG DB:142346-1 020903-136772 toi WILLIAM M. BREEN and : IN THE COURT OF COMMON PLEAS SUSAN E. BREEN, his wife, : CUMBERLAND COUNTY, PA Plaintiffs • CIVIL ACTION - LAW v. : NO. 2008-3595 CIVIL TERM CARROLTRACEY : PETITION FOR APPOINTMENT : OF ARBITRATORS Defendants (Jury Trial Demanded) ORDER OF COURT AND NOW, on this 74 day of `%Z e 2014, in consideration of the foregoing petition, i,� � cf`�,, �„ , Esq., - , Esq., and , Esq. are appointed arbitrators in the above-captioned action as prayed for. By The Court 4. At. Kevin A . NesT, P.a; Distribution: /Lee C. Swartz, Esq., Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200, Lemoyne, PA 17043 Rolf E. Kroll, Esq., Margolis Edelstein, 3610 Trindle Road, Camp Hill, PA 17011 tDp,es ,y,a,Ved =rte ; ut WILLIAM M. BREEN and SUSAN E. BREEN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 08-3595 CIVIL CARROL TRACEY, Defendant ORDER AND NOW, this 1? day of April, 2014, the appointment of David Fitzsimons, Esquire, as Chairman of the Board of Arbitrators in the above-captioned case is VACATED. Stephanie Chertok, Esquire, is appointed in his place. BY THE COURT, /Stephanie Chertok, Esquire Chairman Aavid Fitzsimons, Esquire Court Administrator :rlm Kevin Hess, P. J. 4Vi i11Am M 401044%sayi Mreen Cro I ( Tract) Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. Z00g - 35q Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitu ion of this CommonwealthV41//all'4('( anndthat we will discharge the duties of our office with fidelity. Signature 4d,0;wg eh{✓ a f'� Nanlie (Chairman) Al 1 I ej�tvnv s Law Fi 1 (0I w. L14 Address City, 1?n13 Zip Signature ature /17/644e/ c4e/ 4 C' rpt .1��,.,�„ G7o��4rt� Name 6DrrI t iw /-S/' Law Firm 2Z/ G(), P1414 S7 / Address 11ed i/�iv� �'' 0653-- City, Zip Name 1 v ro�n5a� Law Firm z11 s.�,r5-, Address Lt. ee-i-5Le PA- I7 n r3 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We, -FIY‘d Date of Hearing: `J `(g (i4 Date of Award: s /6, 'I `i .61 .Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of Award Now, the 40" day of kj?7e , 20 /1/ , at 3 = 611 , fi .M., the above award was entered upon the docket and ndfice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ L%/f, • 3-L.) Deputy OF THE PROTHONO 2014 MY -6 PM 3; 02 CUMBERLAND COUNTY PENNSYLVANIA Re pr 140 4-4