Loading...
HomeMy WebLinkAbout08-6734Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Held .hhrlaw.com ANGELA BOYER 39 Valley Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Attorneys for Plaintiff No. -? l_IVs, Civil Action - (XX) aw ( ) Equity JURY TRIAL DEMANDED LUKE SWEENEY 1109 Apple Drive - Apt. 6 versus Mechanicsburg, PA 17055 Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. Defendant(s) & Address(es) X Writ of Summons Shall be issued and forwarded to ( ) Attorney (XX)Sheriff Stephen G. Held Esquire 1300 Linglestown Road Harrisburg, PA 17110 Signatur of Attorney (717) 238-2000 Supreme Court ID No. 72663 Name/Address/Telephone No. of Attorney Date: November 11, 2008 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN Date: ( ) Check here if reverse is used for additional information PROTHON. - 55 1 t ` 9 O W A.A V 9 JrF Z 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOYER ANGELA VS SWEENEY LUKE KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SWEENEY LUKE the DEFENDANT , at 0020:06 HOURS, on the 9th day of December-, 2008 at 1109 APPLE DRIVE day MECHANICSBURG, PA 17055 by handing to LUKE SWEENEY DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage So Answers: 18.00 32.40 'Mow .00 10.00 R. Thomas Kline .42 60 82 12/10/2008 HANDLER HENNING ROSENBERG Sworn and Subscibed to before me this of APT 6 By: A. D. - 1 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant, E-mail: sbankoAmargolisedelstein.com Luke Sweeney IN THE COURT OF COMMON PLEAS OF YORK COUNTY ANGELA BOYER, [6-- CKET NO. 08-6734 Plaintiff v. I CIVIL ACTION - LAW LUKE SWEENEY, Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Date ZENSTP EDELSTEIN 1 By: BANKO, JR. Attorney for Defendant, Luke Sweeney CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 15 day of M L 2008, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Roxanne K. Weller, Secretary c' ? -?? ??:? _ ,;? K:? :` ? :} -?t ?? ?;..? ?__,: ?^?-.? „ ?r = ?k,. :. ?? IN THE COURT OF COMMON PLEAS OF YORK COUNTY ANGELA BOYER, DOCKET NO. 08-6734 Plaintiff V. CIVIL ACTION - LAW LUKE SWEENEY, Defendant JURY TRIAL DEMANDED RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non Los. Dated: AP anaota7__ -? t^+.: a' . „ ,, j : C? ..p .. .?{ "" " x d? ?i .,,,,y( $',,) i?.."1 _.L!. ?' STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant E-mail: sbanko margolisedelstein.com TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Luke Sweeney, in the above-captioned matter. Date: E Attorney for Defendant MA I DELSTEIN ST -P? ? N . BANKO ,l R. V( " - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of ( c e-..Q? , 2008, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Roxanne K. Weller, Secretary { ....., Pw ^ Mr ?tJ 3'y? 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ANGELA BOYER, DOCKET NO. 08-6734 Plaintiff CIVIL ACTION - LAW V. LUKE SWEENEY, JURY TRIAL DEMANDED Defendant The undersigned hereby certifies that a true and correct copy of Rule to File Complaint of Defendant, Luke Sweeney, was served upon the person and in the manner indicated below: Service by First Class Mail Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) OLXS EDELSTEIN Date: 5! G' By: Wpj '?h L. Ba?ko, Jr., Esquire Attorney No. 41727 Counsel for Defendant, Luke Sweeney lk CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ?±day of 2008, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) Roxanne K. Weller, Secretary ?,..a ` '.= > "-7 --' ,. _..,`? Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Heide-HHRLaw corn ANGELA BOYER and JOSEPH : IN THE COURT OF COMMON PLEAS BOYER, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 08-6734 LUKE SWEENEY, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, Angela Boyer and Joseph Boyer, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendant, Luke Sweeney, and aver as follows: Plaintiff, Angela Boyer, is an adult individual currently residing at 39 Valley Road, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff, Joseph Boyer, is an adult individual currently residing at 39 Valley Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant, Luke Sweeney, is an adult individual currently residing at 1109 Apple Drive, Apartment 6, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. At all times material hereto, Plaintiff, Angela Boyer, was the owner and operator of a 2004 Subaru Outback bearing Pennsylvania registration. (hereinafter "Plaintiffs vehicle"). 5. At all times material hereto, Defendant, Luke Sweeney, was the owner and operator of a private passenger motor vehicle bearing Pennsylvania registration. (hereinafter "Defendant's vehicle"). 6. At all times material hereto, Plaintiff, Angela Boyer, was insured under a Pennsylvania motor vehicle policy through State Farm Mutual Automobile Insurance Company, with said policy providing for Full Tort status. 7. At all times material hereto, there were no adverse weather or road conditions. 8. On or about November 18, 2006, at about 11:30 a.m., Plaintiff, Angela Boyer, was lawfully stopped and/or stopping for a red traffic control device on High Street, in Cumberland County, Pennsylvania. 9. At approximately the same time and place, Defendant, Luke Sweeney, was traveling behind Plaintiffs vehicle, on High Street, in Cumberland County, Pennsylvania. 10. Suddenly and without warning, the vehicle being operated by Defendant, Luke Sweeney, violently impacted the rear of Plaintiffs vehicle while Plaintiff, Angela Boyer, was lawfully stopped and/or stopping for a red traffic control device. 11. As a direct and proximate result of the negligence of the Defendant, Luke Sweeney, Plaintiff, Angela Boyer, sustained personal injuries, as set forth more specifically below: 2 COUNT I - NEGLIGENCE Angela Boyer v. Luke Sweeney 12. Plaintiff, Angela Boyer, incorporates and makes part of this Count, paragraphs 1 through 11 above, as if the same were set forth fully below. 13. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Angela Boyer, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Luke Sweeney, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; (b) In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway, in violation of 75 Pa. C.S.A. § 3310(a); (c) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the rear of the vehicle in front of him; (d) In failing to operate his vehicle under proper and adequate control so that he could have avoided striking Plaintiff's stopped vehicle in front of him; (e) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; 3 (f) In failing to operate his vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate his vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In following another vehicle more closely than is reasonable and prudent; (1) In failing to keep a proper lookout for vehicles lawfully stopped on High Street, in Cumberland County, Pennsylvania; (j} In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. § 3714; (k) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; and (1) In otherwise driving his vehicle upon the roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the Defendant's negligence, Plaintiff, Angela Boyer, sustained injuries, including, but not limited to a pain and symptoms to the base of the neck and throughout the shoulders, as well as, upper back pain and lower back pain (hips now from the lower back) pain down legs and arms with some numbness. 4 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Angela Boyer, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Angela Boyer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Angela Boyer, has been, and probably will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Angela Boyer, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Angela Boyer, seeks damages from Defendant, Luke Sweeney, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 5 COUNT II - LOSS OF CONSORTIUM Joseph Boxer v. Luke Sweeney 19. Plaintiff, Joseph Boyer incorporates and makes partof this Count paragraphs 1 through 18 above, as if the same were set forth fully below. 20. At all times material to this action, Plaintiffs, Angela Boyer and Joseph Boyer, were lawfully married as husband and wife. (Also the children not being able to care, teach or play with them); i.e., teaching daughter to jump rope, etc. They have also greatly suffered. 21. As a direct and proximate result of Defendant's negligence, the Plaintiff, Joseph Boyer, has suffered a loss of consortium, society, and comfort from his wife, Angela Boyer, and he will continue to suffer a similar loss in the future. 22. As a direct and proximate result of Defendant's negligence, the Plaintiff, Joseph Boyer, has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend more for the same purposes in the future, to his detriment and loss. 6 WHEREFORE, Plaintiff, Joseph Boyer, seeks damages from the Defendant, Luke Sweeney, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: S Held, Esquire 1. D. # 2663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs 7 VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: /' i & .0'::7 VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: /--/6 -O seph Boyer Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com ANGELA BOYER and JOSEPH BOYER, her husband, Plaintiffs V. LUKE SWEENEY, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6734 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On February 9, 2009, 1 hereby certify that a true and correct copy of Plaintiffs' Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 HANDLER, HENNING 8, ROSENBERG, LLP Dated: 2/9/09 Step en ACI I. D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs t 71 ' i -rY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ANGELA BOYER TERM, CUMBERLAND -VS- CASE NO: 08-6734 LUKE SWEENEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/23/2009 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R2.06 133-H DE11-0853950 10666-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ANGELA BOYER -VS- LUKE SWEENEY COURT OF COMMON PLEAS TERM, CASE NO: 08-6734 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MECHANICSBURG FAMILY PRACTICE MEDICAL RECORDS GATEWAY HEALTH PLAN INSURANCE TO: STEVEN HELD, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/30/2009 CC: STEPHEN L. BANKO, JR., ESQ. - 63000.4-00092 STEVEN HELD, ESQ. HANDLER, HENNING, ET AL 1300 LINGLESTOWN ROAD SUITE 2 HARISBURG, PA 17110 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.80S 133-H DE02-0465372 10666-CO1 ANGELA BOYER VS. LUKE SWEENEY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-6734 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for ME ANICSB 1RG 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: **** SER ATTACHED RIDER**** at The M . Ca=. Ic•, 1601 Market Street Suite 800?P ilad .pia, PA 1 103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Deiendant BY THE COURT: FHB 2 3 2009 Dater ?.? Seal of the Court /f/ ?4' j / Prothonotary/Clerk, Civil Division , Deputy ?' `? 10666-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MECHANICSBURG FAMILY PRACTICE 122 S. FILBERT STREET MECHANICSBURG, PA 17055 RE: 10666 ANGELA BOYER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ANGELA BOYER 39 VALLEY ROAD, NEWVILLE, PA 17241 Social Security #: XXX-XX-3194 Date of Birth: 09-19-1974 R1.80S 133-H SU10-0770548 10666-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ANGELA BOYER LUKE SWEENEY -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-6734 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/23/2009 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R2.06 133-H DE11-0853954 10 6 6 6 - L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA BOYER VS. LUKE SWEENEY File No. 08-6734 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40".22 TO: Custodian of Records for GATEWAY HEALTH PLAN (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS CGroun nc , 160, Market Street Site 800, P ilade pj ia„ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN L. BANKO. JR.. ESOP, ADDRESS: 3510 IND .. ROAD CAMP HILT,, PA 17011 TELEPHONE: (215.) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant FEB 2 3 2009 Date: _ 7,;, U j Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divisi n Depu 10666-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GATEWAY HEALTH PLAN P.O. BOX 11-718 ALBANY, NY 12211 RE: 10666 ANGELA BOYER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY #: 22183147 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : ANGELA BOYER 39 VALLEY ROAD, NEWVILLE, PA 17241 Social Security #: XXX-XX-3194 Date of Birth: 09-19-1974 Date of Loss: 11/18/2006 R1-80S 133-H SU10-0770550 10666-LO2 G.! CIO i Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Attorney for Defendant, Harrisburg, PA 17112 Luke Sweeney 717-901-5002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA BOYER and JOSEPH BOYER, Her Husband Plaintiffs V. LUKE SWEENEY, Defendant NO. 08-6734 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Angela Boyer and Joseph Boyer, Plaintiffs c/o Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date:-??. 13, 1Av r By: 2_ '?J' Joseph R. D'Annu zio, Esquire Attorney for Defendant, Luke Sweeney Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Lingiestown Road, Suite 211 Attorney for Defendant, Harrisburg, PA 17112 Luke Sweeney 717-901-5002 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA ANGELA BOYER and JOSEPH BOYER, Her Husband Plaintiffs NO. 08-6734 V. CIVIL ACTION - LAW LUKE SWEENEY, JURY TRIAL DEMANDED Defendant ANSWER AND NEW MATTER OF DEFENDANT, LUKE SWEENEY. TO PLAINTIFFS' COMPLAINT 1. and 2. Admitted only that the Plaintiffs are Angela Boyer and Joseph Boyer who are adult individuals. The address of the Plaintiffs is unknown to the answering Defendant and strict proof is demanded. 3. Admitted only that the Defendant is Luke Sweeney, an adult individual who at the time of this accident resided at 1109 Apple Drive, Apartment 6 in Mechanicsburg, Pennsylvania. 4. Admitted. 5. Admitted. 6. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the averments set forth in this paragraph. Accordingly, they are deemed denied and strict proof is demanded. I l 7. Denied as a conclusion of law to which no responsive pleading is required. 8. Denied as a conclusion of law to which no responsive pleading is required. 9. Admitted. 10. Admitted only that the Defendant's vehicle came into a slight and insignificant contact with the Plaintiffs vehicle. The remaining averments are denied as conclusions of law. 11. Denied. It is denied that the collision was due solely to the negligence of the Defendant and that it was not the fault in any manner whatsoever of the Plaintiff, Angela Boyer. To the contrary, it is averred that the Plaintiff, Angela Boyer, was negligent in her failure to operate her motor vehicle in a reasonable and prudent manner and at a rate of speed that was prudent under the circumstances which caused her to make a sudden and unexpected stop. Accordingly, it is averred that the negligence of the Plaintiff, Angela Boyer, as aforesaid, was a substantial factor in bringing about the collision aforesaid. The remaining averments are denied as conclusions of law to which no responsive pleading is required. COUNTI ANGELA BOYER v. LUKE SWEENEY 12. The answers to paragraphs 1 through 11 are incorporated by reference as if fully set forth herein. 13. Denied. The averments set forth in these paragraphs are denied as conclusions of law to which no responsive pleading is required. 14. through 18. Denied that the Defendant was negligent or that the Plaintiff sustained any injury as a result of the negligence of the Defendant. To the contrary, the Defendant exercised all due and reasonable care in the operation of his motor vehicle. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments regarding injuries or damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, Defendant, Luke Sweeney, demands that judgment be entered in his favor. COUNT II JOSEPH BOYER v. LUKE SWEENEY 19. The answers to paragraphs 1 through 18 are incorporated by reference as if fully set forth herein. 20. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding the relationship of the Plaintiffs. Accordingly, the averments are deemed denied and strict proof is demanded. 21. and 22. It is denied that the Defendant was negligent or that his conduct in any way caused any injury to the Plaintiff, Joseph Boyer. To the contrary, the Defendant operated his motor vehicle while exercising due and reasonable care. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, Defendant, Luke Sweeney, demands that judgment be entered in his favor. NEW MATTER 23. At all times relevant to this Complaint and cause of action the Plaintiff, Angela Boyer, was operating her motor vehicle while traveling on High Street, a public thoroughfare in Cumberland County, Pennsylvania. 24. At the time she was operating the motor vehicle, the Plaintiff came to a sudden and unexpected stop on the highway when there was no good reason for her to do so, causing a collision. 25. The collision that is set forth in the Plaintiffs' Complaint was directly and proximately caused by the negligence of the Plaintiff, Angela Boyer, said negligence consisting in the following: A. The Plaintiff operated her motor vehicle in a careless and negligent fashion without regard for the position of other vehicles on the roadway; B. The Plaintiff operated her motor vehicle in an inattentive and careless manner and without due regard for the rights, safety and position of the Defendant on the highway; I I- C. The Plaintiff operated her motor vehicle in a careless, negligent, and reckless manner and she was inattentive in her driving which caused the collision with the Defendant's vehicle. 26. The direct and proximate cause of the collision and the injuries allegedly sustained by the Plaintiffs was the negligence of the Plaintiff, Angela Boyer, in her operation of the motor vehicle. 27. The claims of the Plaintiffs are barred by the contributory negligence of the Plaintiff, Angela Boyer, such negligence being the proximate cause and the substantial factor in the collision aforesaid. 28. The claims of the Plaintiffs are barred and/or limited by the comparative negligence of Plaintiff, Angela Boyer in the operation of her motor vehicle, said negligence being a substantial factor in the cause of the collision and resulting injuries as claimed by the Plaintiffs. 29. At all times relevant to this Complaint and cause of action, the Plaintiff, Angela Boyer, voluntarily assumed the risk of the conduct of her operation of her motor vehicle and so is barred by her voluntary assumption of the risk of the conduct. 30. At all times relevant to this Complaint and cause of action the Plaintiffs were covered by a policy of motor vehicle insurance in which they elected the Limited Tort option of coverage. 31. The Plaintiffs' claims for non-economic loss are barred because they elected the Limited Tort option of coverage and they have failed to establish that the Plaintiff sustained a serious injury which would pierce the Limited Tort threshold for recovery. 32. The Plaintiffs' claims for economic loss are barred and limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 33. At all times relevant to this Complaint and cause of action, the Defendant, Luke Sweeney, operated his motor vehicle with all due and reasonable care and so is not responsible to the Plaintiffs for their injuries and damages. WHEREFORE, Defendant, Luke Sweeney, demands that judgment be entered in his favor. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By: -?.- Joseph R. D'Annunzio, Esquire Attorney for Defendant, Luke Sweeney I VERIFICATION I, Luke Sweeney, hereby states that he is the Defendant in this action, and verifies that the statements made in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: -1 - o? LUKE S NE CERTIFICATE OF SERVICE I do hereby certify that on this 13t?- day of 2009, 1 caused a true and correct copy of the foregoing Answer to Plaintiffs' Complaint to be served upon the following persons listed below via first class United States mail, postage prepaid: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiffs BY: R a ne Weller, Secretary .Y _rt CA? Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Attorney for Defendant, Harrisburg, PA 17112 Luke Sweeney 717-901-5002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA BOYER and JOSEPH BOYER, Her Husband Plaintiffs NO. 08-6734 V. LUKE SWEENEY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Luke Sweeney, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: /nr, 2o?'Y BY: "4?vi /J. Joseph R. D'Annunzio, Esquire Attorney for Defendant " . ..,., CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 19h day of March, 2009, and addressed as follows: Stephen G. Held, Esq. Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff By: wcw' Roxanne Weller, Secretary C-n w t -•a STEPHEN L. SANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: shank ftmaraolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ANGELA BOYER, DOCKET NO. 08-6734 Plaintiff V. CIVIL ACTION - LAW LUKE iSWEENEY, Defendant JURY TRIAL DEMANDED 0 - 0 TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly withdraw my appearance on behalf of Defendant, Luke Sweeney, in the above-captioned matter. Date: Z, ! Z g10I MA LIS By: EDELSTEiN ST EN L. BANKO, JR. t i STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankg@mara!Rlisedeistein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ANGELA BOYER, DOCKET NO. 08-6734 Plaintiff V. -CIVIL ACTION - LAW LUKE SWEENEY, Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly withdraw my appearance on behalf of Defendant, Luke Sweeney, in the above-captioned matter. MAI' t0gLIS EDELSTEIN Date: By: ST P EN L. BANKO, JR. rya -ri ._. r j rcl CA C,) Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 ANGELA BOYER and JOSEPH : IN THE COURT OF COMMON PLEAS BOYER, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 08-6734 LUKE SWEENEY, CIVIL ACTION - LAW Defendant PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Angela Boyer and Joseph Boyer, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Plaintiffs' Reply to New Matter and aver as follows: 23. Admitted. 24. Denied, as stated. It is admitted that Plaintiff was operating a motor vehicle. She came to a stop and was hit from the rear. However, the remainder of her statements are denied as categorized in this paragraph. 25. This averment is a conclusion of law to which no responsive pleading is required. To the extent that this averment may be deemed factual, it is i hereby denied. By way of amplification, it is denied that Plaintiff was negligent and it denied specifically that Defendant operated her motor vehicle in a careless and negligent fashion, that Plaintiff operated her motor vehicle in an inattentive and careless manner and that Plaintiff operated her motor vehicle in a careless, negligent and reckless manner and that she was unattentative. 26. This averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff was negligent. 27. This averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff was negligent. 28. This averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff was negligent. 29. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual; it is hereby denied. By way of amplification, it is hereby denied that Angela Boyer voluntarily assumed the risk of any of her injuries. 30. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual; it is hereby denied. By way of amplification, it is denied that Plaintiff hod the limited tort option. 2 31. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual; it is hereby denied. By way of amplification, it is denied that Plaintiff had the limited tort option. 32. This averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims for economic loss are neither barred nor limited by the provisions of the Pennsylvania Motor Vehicle Responsibility Law. 33. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual; it is hereby denied. By way of amplification, it is denied that all times relevant to this complaint and cause of action, the Defendant, Luke Sweeney, operated his motor vehicle will all do and reasonable care. WHEREFORE, Plaintiffs' demand judgment in their favor against Defendants. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: e en eld, Esquire I . D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs 3 i Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com ANGELA BOYER and JOSEPH : IN THE COURT OF COMMON PLEAS BOYER, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 08-6734 LUKE SWEENEY, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On this day March, 2009, 1 hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Joseph R. D'Annunzio, Esquire LAW OFFICES OF JOSEPH R. D'ANNUZIO 4309 Linglestown Road,Suite 211 Harrisburg, PA 17112 HANDLER, H ING & ROSENBERG, LLP Dated: 3/24/09 Stephe eld Fn -Ti -1 - 3 r-n IN THE COURT OF COMMON PJ.EAS OF CUMBERLAND COUNTY BOYER Vs. NO. 0806734P SWEENEY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH R D'ANNUNZIO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/30/09 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 717-901-5002 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Eileen Porowicz MLR File #: M367282 COMKNWFALTH OF PENNSYLVANIA COUNTY OF CUMB RIB BOYER Vs. Fi le No. SWEENEY 0806734P SUBPOENA TO PRODUCE DOCIA•ENTS OR THIhM FOR DISCOVERY PURSUANT TO RULE 4009.22 HERSHEY MED CENTER, 500 UNIVERSITY DR, HERSHEY PA 17033 TO: ATTN: 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 do0-nmt5 oftn%:?? D IAWMEND-1-24 at _ MEDICAL LEGAL REPRODUCTIONS, TNe, 4940 BISSIPON ST., Zj1XTTWA , ]?A (Address) You may deliver or mail legible copies of the documents or produce things requested b? 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde• ompe l l i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REGMST OF THE FOLLOWING PERSON: JOSEPH R D"ANNUNZIO, E Q NAME: ADDRESS: 4309 LINGLESTOWN RD HARRISBURG, PA 17112 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M367282-01 DEFENDANT DATE: __? Z/ a0-09 Seal of the Court BY THE COURT: s Lau, W. T' Prothonotary/C1 , Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR: HERSHEY MED CENTER Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ANY AND ALL RECORDS/TESTS. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HERSHEY MED CENTER CUMBERLAND M367282-01 * * * SIGN AND RETURN THIS PAGE * * * rr*&9V4WEALTH OF PENNSYLVANIA OOuNry OF cuKBERLAW BOYER Vs. File No. 0806734P SWEENEY • ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOIJCE DOCUMENTS OR TH I NOS FOR DISOOMERY PURSUANT TO RULE 4009.22 HERSHEY MED CENTER-X, 500 UNIVERSITY DR, HERSHEY PA 17033 TO: ATTN: RADIOLOGY 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 cwSkgng?? at _ MEDICAL LEGAL REFRODUC1102118, Ne, 494e BmssTeN ST., PzxLA (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t%,enty (20) days after its service, the party serving thin subpoena may seek a court order cxxr pe l ling you to cortp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE RECAJEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD HARRISBURG, PA 17112 TELEPHONE : 2 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT M367282-02 DATE : 41 .20-&9' Seal of the Court BY THE COURT: T? Prothonotary/C ark, Civil Division -- Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. SWEENEY No. 0806734P CUSTODIAN OF RECORDS FOR: HERSHEY MED CENTER-X ANY AND ALL FILMS. PERTAINING TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ J RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ J NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X.-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HERSHEY MED CENTER-X CUMBERLAND M367282-02 * * * SIGN AND RETURN THIS PAGE * * * ppwwwWFALTH OF PENNSYLVANIA COUNTY OF Q KBEPIAM BOYER Vs. SWEENEY 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 WALNUT BOTTOM RADIOLOGY, 850 WALNUT BOTTOM RD, CARLISLE PA 17013 T0: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docLnents oS n%TT AGH'n A nt'E'SW at _ MEDICAL LEGAL • • PHILA., FA -- (Address) You may deliver or mail legible copies of the documents or produce things requester4 h? 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 thin subpoena may seek a court ordei- cxxme l l i ng you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS : 4309 LINGLESTOWN RD HARRISBURG PA 17112 TELEPHONE: ,.,12 SUPREME COURT ID # ATTORNEY FOR: _ DEFENDANT M367282-03 DATE : Ts ,lam 14 21?v 9 Seal of the Court BY THE OOURT : Prothonotary/ erk, civil Division Deputy File No. (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR : WALNUT BOTTOM RADIOLOGY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ANY AND ALL RECORDS, TESTS AND FILMS. ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for WALNUT BOTTOM RADIOLOGY CUMBERLAND M367282-03 * * * SIGN AND RETURN THIS PAGE * * * rrV&TW i EALTH 'OF PENNSYLVANIA cowry oFaI49MIAND BOYER Vs. SWEENEY Fi le No. 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GILDEA CHIRO, 806 HOLLY PK, MT HOLLY SPRINGS PA 17065 (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 oSLLn?CR+$->4$NmTA4 at _ MEDICAL LEG PA (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together wit!j the certificate of ccrtpliance, to the party making thiZ request at the address listed above. You have the right to seek in advance the rea.onabir 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 thin subpoena may seek a court ordei- cxmpe l l i ng you to cmp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom, JOSEPH R D'ANNUNZIO, ESQ ADDRESS : 4309 L INGLESTOWN RD HARRISBURG. PA 17112 TELEPHONE: - 3 3 5--32-12- SUPREIIE OOURT I D ATTORNEY FOR: DEFENDANT M367282-04 DATE : , J <.fI I/ 409 Seal of the Court BY THE UOURT : Prothonotary/C erk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR: GILDEA CHIRO ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ANY AND ALL RECORDS, TESTS AND FILMS. ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( } RECORDS / XRAYS have been destroyed Date Authorized signature or GILDEA CHIRO CUMBERLAND M367282-04 * * * SIGN AND RETURN THIS PAGE * * * co#AKora1F7LLTR OF PENNSYLVANIA QJ[ ffy OF-CUMBERLAM BOYER Vs. , SWEENEY Fi IS No. 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUhENTS OR THIN(38 FOR DISCOVERY PURSUANT TO RULE 4009.22 SADLER HEALTH CTR, 100 N HANOVER ST, CARLISLE PA 17013 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 orS "SA nE -A4 a? at MEDICAL LEGAL R r ST., i7 Z--- (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 thin subpoena may seek a court ordei- am pe l l i ng you to oonp l y with it. THIS SUBPOENA WAS ISSUED AT THE REM EST OF THE FOLLOWING PERSON: NAB: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD HARRTSBURC`, PA 17112 TELEPHONE: r n? 3UPREW COURT I D # - - - - - -- 1TTORNEY FOR: _ DEFENDANT 367282-05 4TE: ,L . 14 2OvS Seal of the Court BY THE COURT: 51 LT," " /L A e- Prothonotary/CYerk, Civil Division Deputy ADDENDUM BOYER Vs. SWEENEY No. 0806734P CUSTODIAN OF RECORDS FOR: SADLER HEALTH CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ANY AND ALL RECORDS, TESTS AND FILMS. ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SADLER HEALTH CTR CUMBERLAND M367282-05 TO SUBPOENA * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF ?YLVANIA COUN rY OF CLDCBERIAND BOYER Vs. , SWEENEY File No. 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE D=1 ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE REG MED CTR, 417 VILLAGE DR STE 4, CARLISLE PA 17013 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 orsk9n9ATTACHED DETSM-1-14W at _ MEDICAL LEGAL . ' EkA --- (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 thi: 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 thin subpoena may seek a court orde:- am pe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REMEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD HARRISBURG, PA 17112 TELEPHONE : , -212 SUPREME COURT ID # ATTORNEY FOR: M367282-06 DEFENDANT DATE : /I I br, 9 Seal of the Court BY THE COURT: Prothonotary/C erk, Civil Division Deputy (Eff. 7/9T) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR : CARLISLE REG MED CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ORIGINAL X-RAYS REQUESTED ANY AND ALL RECORDS, TEST AND FILMS. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed to Authorized signature or CARLISLE REG MED CTR CUMBERLAND M367282-06 * * * SIGN AND RETURN THIS PAGE * * * rrs@K iwmLTR of PENNSYLVANIA couNry OF aDOMMIAND BOYER Vs. SWEENEY Fi le No. 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 SPINAL IMAGING, PO BOX 1200, S EASTON MA 02375 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 OS99NATI -DENDI-1-M at MEDICAL • • PHILA., PA - --- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable 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 thi, subpoena may seek a court orde;1 cxnpe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAB: JOSEPH R D'ANNuNZIO, ESQ ADDRESS : 4309 LINGLESTOWN RD HARRISBURG, PA 17112 TELEPHONE : , 5 ,' ., SUPREME COURT ID # ATTORNEY FOR: M367282-07 DEFENDANT DATE : i/ d c?v y -A 71 Seal of the Court BY THE COURT: Prothonotary/C1 k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR : SPINAL IMAGING ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ANY AND ALL RECORDS, TEST AND FILMS. ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SPINAL IMAGING CUMBERLAND M367282-07 * * * SIGN AND RETURN THIS PAGE * * * OF PENNSYLVANIA COUNTY OF QPGRILAND BOYER Vs. Fi Is No. SWEENEY 0806734P MEDICAL BILLING REQUESTED TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PINNACLE HEALTH MED SYS, PO BOX 2253, HARRISBURG PA 17105 TO: ATTN: 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 ors ADDENDUM at - MEDICAL LEGAL REPRODUCTIONS-77 . •, F* (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making thiE request at the address listed above. You have the right to seek in advance the rea.onablE 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 thi, subpoena may seek a court orde rxmpe l l i ng you to cane 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD 14ARRT9BURG, PA 17112 TELEPHONE : 3-35- 3212- SUPREME COURT ID # ATTORNEY FOR: _ DEFENDANT M367282-08 DATE : LL',.J" -, / r .2 ov rf Seal of the Court BY THE COURT: Prothonotary/C1 , Civil Division ?r Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH MED SYS Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 MEDICAL BILLING REQUESTED TO INCLUDE ALL RECORDS FROM ALL PROVIDERS IN THIS HEALTH SYSTEM ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PINNACLE HEALTH MED SYS CUMBERLAND M367282-08 * * * SIGN AND RETURN THIS PAGE CU*CNkWJM OF PENNSYLVANIA COUNTY OF CUMBERLAND BOYER Vs. SWEENEY Fi Is No. 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PINNACLE HEALTH MED SYS, PO BOX 2253, HARRISBURG PA 17105 TO: ATTN: RADIOLOGY 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 0rtS n9AT D 12 IS AA- at _ MEDICAL LEGAL RZFRVjjUU'x1ONS-,-TNC, 4940 DYSSTeN ST., -- --- (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable 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 thin subpoena may seek a court order c rope l ling you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAPE: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD HARRISBURG PA 17112 TELEPHONE : 2i5 B35 ',, , a SUPREME OOURT ID # ATTORNEY FOR: M367282-09 DEFENDANT DATE: d-W q Seal of the court BY THE COURT: s _ Prothonotary/Clark, Civil Division ?i??'LC.C?Qw Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH MED SYS ANY AND ALL FILMS, INCLUDING THOSE OF ALL PROVIDERS IN THIS HEALTH SYSTEM. PERTAINING TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PINNACLE HEALTH MED SYS CUMBERLAND M367282-09 * * * SIGN AND RETURN THIS PAGE * * * ryy&xw wTFALTx OF PENNSYLVANIA COUNry OF COPONERLAND BOYER Vs. SWEENEY File No. 0806734P ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LASSES CHIRO CLINIC, 313 S HANOVER ST, CARLISLE PA 17013 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 oS nIATTAG D ADn NDIA4 JCJJL:d at _ MEDICAL LEGAL . •, PHIL*., FA -"- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making thi-c request at the address listed above. You have the right to seek in advance the rea,onablc- 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 thi, subpoena may seek a court order amipe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH R D'ANNUNZIO, ESQ ADDRESS: 4309 LINGLESTOWN RD HARRTsRTjRCi, PA 17112 TELEPHONE : 335- 32i2-- SUPREME OOURT ID # ATTORNEY FOR: M367282-10 DEFENDANT DATE : Lrztli? I //, .2 " q Seal of the Court BY THE COURT: S f1. 4,4 Prothonotary Clerk, Civil Division Deputy (Eff . 7/97) Y ADDENDUM TO SUBPOENA BOYER Vs. No. 0806734P SWEENEY CUSTODIAN OF RECORDS FOR: CASSES CHIRO CLINIC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ANGELA BOYER ADDRESS: 39 VALLEY RD NEWVILLE PA DATE OF BIRTH: 09/19/74 SSAN: XXXXX3194 ANY AND ALL RECORDS, TESTS AND FILMS. ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or LASSES CHIRO CLINIC CUMBERLAND M367282-10 * * * SIGN AND RETURN THIS PAGE * * * FILED-&RCE OF THE P =" ,.?!-"-^%l NARY 1009 OCT -7 Pty G: 09 Guff v';JiY ANGELA BOYER and JOSEPH BOYER, Her Husband Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6734 V. CIVIL ACTION - LAW n LUKE SWEENEY,= Defendant ? RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in tlx Following form: PETITION FOR APPOINTMENT OF ARBITRATORS ` E? TO THE HONORABLE, THE JUDGES OF SAID COURT: I, Joseph R. D'Annunzio, Esquire, counsel for the Defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $the arbitration limit. The counterclaim of the Defendant in the action is $0. N _ CD ) C= -?? C= .r:. 1 M c gj'06'0d_ 47 ,t * 1) 75P166 S /-.# g_y3 3 s3 The following attorneys are interest in the case as counsel or are otherwise disqualified to sit as arbitrators: Stephen G Held Esa Stephen L Banko Jr Esq Joseph R. D'Annunzio, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, i Tat `? "e?r BY: Date:, 7 Joseph R. D'Annuniio, Attorney for Defendant ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 20 , in consideration of the foregoing Esq., Esq., are appointed arbitrators in the above- By the Court, EDGAR B. BAYLEY ANGELA BOYER and IN THE COURT OF COMMON PLEAS OF JOSEPH BOYER, Her Husband CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-6734 V. CIVIL ACTION - LAW t-) o _ LUKE SWEENEY, C -i Defendant ti Mr - ?V _n RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the'- r R3 Following form: PETITION FOR APPOINTMENT OF ARBITRATORS= TO THE HONORABLE, THE JUDGES OF SAID COURT: I, Joseph R. D'Annunzio, Esquire, counsel for the Defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $the arbitration limit. The counterclaim of the Defendant in the action is $0. S$W 6 ?d_4 1175 #66 S ?_. 33 s3 The following attorneys are interest in the case as counsel or are otherwise disqualified to sit as arbitrators: Stephen G Held Esq Stephen L Banko Jr Esq., Joseph R D'Annunzio Esa WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Date: 71 Zal BY: D? Joseph R. D'Annunzio, Esquire Attorney for Defendant ORDER OF COURT AND NOW, (4 , 20 in consideration of the foregoing petition, Esq., Esq., and jm?w?' Esq., are appointed arbitrators in the above- captioned action (or actions) as prayed for. -51: ihl -z, -7 .r K) By the ? /? . i a• ???. ?? et d ANGELA BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 08-6734 CIVIL LUKE SWEENEY, Defendant ORDER AND NOW, this iy' day of September, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Ron Turo, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, ./Ron Turo, Esquire Court Administrator :rlm a/ "1a16( e°I / cry . f J _1 OF THFILED-OFFICE AR',` 2010 DEC -6 PM 3: 19 CUMBERLAND COUNT' PENNSYLVANIA Stephen G. Held Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Held@hhrlaw.com ANGELA BOYER and JOSEPH BOYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-06734 : CIVIL ACTION - LAW LUKE SWEENEY, Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned matter settled, discontinued and ended. Respectfully submitted, Dated: 12/2/10 HANDLER, HENNING & ROSENBERG, LLP Steph n G. Held, Esquire I.D. No.: 72663 Attorney for Plaintiffs