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HomeMy WebLinkAbout04-2133William P. Douglas, Esq. Supreme Court LD. #37926 Douglas Law Office 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 Deborah A. Davis In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- Z t 3 3 Civil Term Jeannette Zimmerman 1453 Mumma Road Harrisburg, PA 17112 Civil action law Defendant Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant Jeannette Zimmerman. William P. Dougla Esq. Attorney for PI tiff date: May 13, 2004 (70, r FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Jeanette Zimmerman for the attorney's Verification to the Answer with New Matter to Plaintiffs Complaint that was filed on or about June 23, 2005 in the above-captioned action. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: ?L_ THOMAS A.'WIMMER, ESQUIRE VERIFICATION I, JEANETTE ZIMMERMAN, do hereby verify that the foregoing Answer with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and the defense of this case; that the language of the Answer with New Matter is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: *TE ZVM FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to Substitute Verification was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: mtm T OMAS IMMER, ESQUIRE Date: July 1, 2005 ?_ `- N ? ° .???«. r- T ? 7 _ 7 ij ,_ Cn l? 1 S? i`?., {? 'i? ? .. ? C? C?C'i • • ?! Q =b lf? ?< Commonwealth of Pennsylvania County of Cumberland Deborah A. Davis In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- g (33 Civil Term Jeannette Zimmerman 1453 Mumma Road Harrisburg, PA 17112 Civil action law Defendant Jury Trial Demanded Writ of Summons To: Jeannette Zimmerman 1453 Mumma Road Harrisburg, PA 17112 You are hereby notified that Deborah A. Davis has brought an action against you. tL-? ? Aep ty Proth n tary date: May 13, 2004 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS DEBORAH A VS ZIMMERMAN JEANNETTE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ZIMMERMAN JEANNETTE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 16th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ'? , Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas line Dep Dauphin County 30.50 Sheriff of Cumberland County .00 67.50 06/16/2004 WM DOUGLAS LAW OFFICE Sworn and subscribed to before me this 21A,4- day of ?W A.D. Ar? Prothonotary In The Court of Common Peas of Cumberland County, Pennsylvania Deborah A. Davis VS. Jeannette Zinmeiman SERVE: sane No 04-2133 civil Now, may 17, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to 120 , at o'clock M. served the a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of , 20__ COSTS SERVICE $ MILEAGE AFFIDAVIT (pif-Tce of je a$4rrf ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DAVIS DEBORAH Vs ZIMMERMAN JEANNETTE Sheriff's Return No. 4764-T - - -2004 OTHER COUNTY NO. 04-2133-CIVIL AND NOW:May 25, 2004 WRIT OF SUMMONS ZIMMERMAN JEANNETTE to DEFT of the original at 1:25PM served the within upon by personally handing 1 true attested copy(ies) WRIT OF SUMMONS to him/her the contents thereof at 1453 MUMMA ROAD HBG, PA 17112-0000 Sworn and subscribed to before me this 27TH day of MAY, 2004 11 A---11 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 and making known So Answers, ? ) 7 e;l*? Sheriff of Xk Pa. By Deputy Sheriff Sheriff's Costs:$30.50 PD 05/27/2004 RCPT NO 195137 G MILLE DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire of Forry, Ullman, Ullman & Forry, P.C. as counsel for Defendant Jeannette Zimmerman. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: John A. S atler, Esquire Attorney I. D. No. 43812 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Attorneys for Defendant Jeannette Zimmerman DATE: '7 112- ? 0 V CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /Z day of?> 2004, addressed to the following: William P. Douglas, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013-0261 Respectfully submitted, FORRY, ULLMAN, ULLMAN & FORRY, P.C. BY: John A. Statler, Esquire Attorney I. D. No. 43812 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717') 441-9257 Attorneys for Defendant Jeannette Zimmerman O , i 1... 7 _i w N Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 FORRY, ULLMAN, ULLMAN & FORRY, P.C. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twinuner@fiiuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. : CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant : JURY TRIAL. DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance for DEFENDANT, Jeannette Zimmerman, in the above- captioned matter. F MAN, & FORRY, P.C. By: JOHN A. STATLER, ESQUIRE Attorney I.D. No. 43812. PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance for DEFENDANT, Jeannette Zimmerman, m the above-case and designate 2000 Linglestown Road, Suite 301, Harrisburg, PA 17110 as the place where papers, process and notices may be served FORRY, ULLMAN, UJLLMAN & FORRY, P.C. d By: THOMAS A. WIMMER," ESQUIR Attorney I.D. No. 45294 Telephone: (717) 441-9257 Email: twimmer@fuujUw.com q Attorneys for Defendants DATE: rn ''rr o ij .{T r'l rTl l'. (.. Cam} ..fj ,90a 1 a4 0 FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney L D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter a Rule on the Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non-pros. FORRY, ULLMAAN,ULLLMAN & FORRY, P.C. By: ;?' ' " ' ' " ?j THOMAS A. WIMMER, ESQUIRE l? RULE AND NOW, this 1 day of 2005, a Rule is entered on the Plaintiff to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non-pros. Date: 511 Fla- PROTHONOTARY DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court LD.k 37926 CARLISLE PA 17013 TELEPHONE 717-243-1790 Deborah A. Davis In the Court of Common Pleas of I Cumberland County, Pennsylvania t'talnttlj vs No. 04 - 2133 Civil Term Jeanette Zimmerman Civil action law Defendant Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: June 6, 2005 Complaint 1. The plaintiffs, Deborah A. Davis, is an adult individual residing at 232 Mohn Drive, Shippensburg, Pennsylvania. 2. The defendant, Jeanette Zimmerman, is an adult individual residing at 1453 Mumma Road, Harrisburg, Dauphin County, Pennsylvania. 3. On or about, May 14, 2002, the plaintiff was lawfully operating her vehicle, on the roadways of Cumberland County, Pennsylvania. 4. At about the same time and place, the defendant was operating her vehicle on the same roadway and failed to stop for a line of traffic and proceeded to collide with the vehicle occupied by the plaintiff. 5. The impact occurred as a direct and proximate result of the defendant's negligence. 6. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; C) failing to operate her vehicle in a safe and prudent manner; d) failing to stop her vehicle before she collided with other vehicles. Count 1 Deborah A. Davis v Jeanette Zimmerman 7. The allegations in paragraphs 1 through 6 are incorporated herein and reference is made thereto. 8. As a direct and proximate result of the negligence of the defendant the plaintiff, Deborah A. Davis, was injured. Her injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) injury to her nerves and nervous system; b) injury to her spine and supporting structures; C) aggravated migraine headaches; d) various sprains/ strains 9. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of her injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 11. As a result of her injuries, the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained on May 14, 2002, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. 14. As a direct and proximate result of the negligence of the defendant the plaintiff suffered property damage and related expenses. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. William P. Douglas, June 6, 2005 Attorney for Pla AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas Attorney for Plaintiff Date: June 6, 2005 ? N O ^ Y f? " Ell Y e . -p 4a FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney L D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED Defendant, Jeannette Zimmerman, intends to serve subpoenas identical to the subpoenas attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Dated: June 13, 2005 BY: dw)vr 04' `' THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 540 Court Street, P.O. Box 542 Reading, Pennsylvania 19603 610/777-5700 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term File No. V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Department of Public welfare, Attn: Records Custodian, 2432 North 7`" St., Harrisburg, PA TO: 17101 _ (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: all documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, ed x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the egmnmg r gmneintion_with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Thomas A. Wimmer, Esquire NAME' FORRY. ULLMAN. IILLMAN & FORRY, P.C. ADDRESS: - 2000 I,lN4LERTOWn ROAD SVITI, 301 HgxRI5HVR0. PA 17110 TELEPHONE: _ (610) 777-5700 SUPREME COURT ID # 452 ATTORNEY FOR: e en BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term File No. V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vance Stouffer, M.D., 1790 Old Trail Road, Etters, PA 17319. (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 documentation regarding Plaintiff, Deborah A. Davis, (MO.B.: 02121155; S.S.#: 164-34- eervospomdence, 1693) including, but not lifditedto medical records, a + insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any othn deenmeutatien reg,Md ng plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court t., ox • at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire t, 1?-?-? FORRY, U LEMAN. UULMAN & FORRY. RG ADDRESS: 2000 I.1:vGi.F.EmOW N AOAT S0111K1301 HA VjsAVFo. PA 171.10 (610) 777.5760 TELEPHONE: 45294 SUPREME COURT ID # Defendant ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term File No. V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Dr. Kumar, Cumberland Valley Neurologists, 764 Lincoln Way East, Chambersburg, PA TO: 17201. (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, hwirnnee records, invoices for treatment rendered x-rav and/or MRI reports and films patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. 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' Themes 4 Wi ,? ADDRESS: _ FORRY, IILLMAN, ULEMAN $ FORRY, P.C. 20001.rrvcnesxowrv Rown 90, n 301 Rwxaisnvno. PA 19110 TELEPHONE: (610) 777-5700 SUPREME COURT ID # 45294 ATTORNEY FOR: e en an Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff File No. 04-2133 Civil Term V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Edward J. Dagen, M.D., 9 Brookwood Avenue, Carlisle, PA 17013. (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer. Esquire ADDRESS: F ORRY, CLLMAN, LTLLMAN & FORAY, P.C. 9000 L?xccRSnowR Rown SnTTE 301 Re RR,SBURO, PA 1711.0 t tl-hpI1UNh: SUPREME COUR ATTORNEY FOR: Defeats t Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term File No. V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert P. Boran, Jr., M.D., 1 Dunwoody Dr., Carlisle, PA 17013. (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forty, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603, at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: WORRY, ULLMAN, Ur.L31AN & FORRY, P.C. 2000 LINOL9STOWN ROAD 3.[14301 Hnaat9nvHa, PA 19110 TELEPHONE: 45294 SUPREME COURT ID # noeo..A....• ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff File No. 04-2133 Civil Term V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Chiropractic Clinic, 21 W. Pomfret St., Carlisle, PA 17013. (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forty, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: FORRY. LTLLMAN, ULEMAN & PORRY, P.C. 9000 L11.1.sT.11 a ROwn 8""m 301 An Rysuvnc. PA 19110 TELEPHONE: (6101 111-5700 SUPREME COURT ID # ATTORNEY FOR: Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant 04-2133 Civil Term File No. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 J. Craig Jorgensen, M.D., Belvedere Medical Center, 850 Walnut Bottom Rd., Carlisle, PA 76c 13. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the f9W N&4flfW& e%&Wregarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including but not limited to medical records handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your aSSOCIatiOn Will) her up to the present da . at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOE%WA I VIJEDer; Es THe QUEST OF THE FOLLOWING PERSON: omas A. FORAY, ULLMAN, ULLMA9 & FORRY, RC. NAME 2000 Llrv(3L%6xowrv xo.n ADDRESS: SvITR 301 A KRISPURG, VA 17110 TELEPHONE: ?efendant SUPREME COURT ID # ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant 04-2133 Civil Term File No. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Malik N. Momin, M.D., 2025 Technology Parkway, Mechanicsburg, PA 17050. (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: Davis, .. 07/1149; Any and all documentation regaFding Plaintiff-, Deborah A- 164 34 1693) including but not limited to medical records handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your at Forryr, Tillman, Tillman & Forry, P C ,540 Court St., P 0Box 541, Reading PA 19603 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: FORRY, UI,EMAN, Ur.I.MAN & FURRY, P.C. 2000 LnaonIDSxowm R.An Smra 301 HA..Ie ... PA 17130 '1'ELEYHUNE: SUPREME CODUR ATTORNEY FOR: 45294 BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED I, THOMAS A. WIMMER, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendant, Jeannette Zimmerman, certify that on June 14, 2005, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. DATE: June 14, 2005 By: (? A410e -- THOMAS A. WIMMER, ESQUIRE CD c ? -n c. ? rid T cn 1 Cal `J3 ? FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment maybe entered against you. ANSWER Defendant, Jeannette Zimmerman (hereinafter "Defendant") by and through her attorneys, Forry, Ullman, Ullman & Forry, P.C., answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1, and strict proof is demanded at time of trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that Plaintiff was operating a vehicle on the roadways of Cumberland County, Pennsylvania on May 14, 2002. The remaining allegations are denied as legal conclusions that require no response. 4. Admitted in part; denied in part. It is admitted that Defendant collided with Plaintiff. The remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). 5-6. Denied pursuant to Pa.R.C.P, 1029(e). COUNT 1 DEBORAH A. DAVIS v. JEANE'PTE ZIMMERMAN 7. No answer required, other than incorporation by reference to Defendant, Jeanette Zimmennan's, responses to the corresponding paragraphs. 8-14. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant avers that she is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against her be dismissed and that she may be awarded costs of defen ,, including attorney's fees, and that she may have such other and further relief as may be just and appropriate. NEW MATTER By way of further answer and defense, Defendant avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 15. Plaintiff has failed to state a cause of action upon which relief can be granted. 16. -Defendant was not negligent, reckless, or careless with respect to any conduct regarding the injuries and damages alleged by Plaintiff. 17. Any acts or omissions of Defendant alleged to constitute negligence were not substantial causes and did not result in the injuries or losses alleged by Plaintiff. 18. The injuries and damages allegedly sustained by Plaintiff were not proximately caused by Defendant. 19. The negligent acts or omissions of other individuals or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. 20. This action is barred or otherwise limited by the Motor Vehicle Financial Responsibility Law, Title 75 Pa. C. S. Section 1701 et M., either as originally promulgated or as amended by Act No. 1990-6. Defendant pleads this law and the amendments thereto as a complete or, in the alternative, partial defense to Plaintiffs civil action. 21. Any claim or request in this action for damages for delay pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure is in contravention to and barred by the United States and Pennsylvania Constitutions because: (a) the rule exceeds the rule-making authority granted to the judiciary by the Pennsylvania Constitution; (b) the rule violates the equal protection clauses of the United States and Pennsylvania Constitutions; (c) the rule violates the standards of due process guaranteed by the United States and Pennsylvania Constitutions; and (d) the rule violates the excessive fines clause of the United States Constitution. WHEREFORE, Defendant avers that she is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against her be dismissed and that she may be awarded costs of defense, including attorney's fees, and that she may have such other and further relief as may be just arc' appropriate. FORRY, ULLMAN, ULLMAN & FORRY, P.C. (il By: ywez I, THOMAS A. WIMMER, ESQUIRE VERIFICATION I, THOMAS A. WIMMER, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendant to make this verification on behalf of Defendant that the signature of the Defendant to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendant and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unswom falsification to authorities. FORRY, ULLMAN, U/L/LMAN & FORRY, P.C. By: 1 X ? ' X)iW4y THOMAS A. WIMMER„ ESQUIRE Date: June 22, 2005 FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JEANNETTE ZIMMERMAN, Defendant NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, hereby certify that a true and correct copy of the foregoing Aw ver with New Matter to Plaintiffs Complaint was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: 0V' ')Ayl. THOMAS A. WIMMER, ESQUIRE Date: June 22, 2005 T"? ? ? cn? ? ? C?7 -tl r cn -? C.: n? r? ?? y.?, W ` > t`_? ^S? -F4 o_'i ? ;i;? `J4 ?,",? r'7 r?? < ,.. W FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Jeannette Zimmerman, certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, are attached to the Certificate; 3. Counsel for Plaintiff has agreed to waive the twenty (20) day notice and signed a Waiver reflecting same; 4. A copy of the signed Waiver is attached hereto; and 5. The subpoenas, which will be served, are identical to the subpoenas, which are attached to the Notice of Intent to Serve Subpoenas. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Date: July 7, 2005 BY: 2zW fz we'l OMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 540 Court St., P.O. Box 542 Reading, PA 1960; (610) 777-5700 Attorneys for Defendant ao;?(a.9C) FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED WAIVER OF TWENTY DAY NOTICE OF INTENT TO SERVE SUBPOENAS I, William Douglas, Esquire, counsel for Plaintiff, hereby agree to waive the twenty (20) day Notice of Intent to Serve Subpoenas attached to defense counsel's letter of June 13, 2005. WILLIAM DOUGLAS, E IJIRE Dated: 16,E 1 jc.?_a6 FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED Defendant, Jeannette Zimmerman, intends to serve subpoenas identical to the subpoenas attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Dated: June 13, 2005 BY: dw t N? THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 540 Court Street, P.O. Box 542 Reading, Pennsylvania 19603 610/777-5700 Attorneys for Defendant FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED WAIVER OF TWENTY DAY NOTICE OF INTENT TO SERVE SUBPOENAS I, William Douglas, Esquire, counsel for Plaintiff, hereby agree to waive the twenty (20) day Notice of Intent to Serve Subpoenas attached to defense counsel's letter of June 13. 2005. Dated: ? - `6 - 8S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term File No. V. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Department of Public Welfare, Attn: Records Custodian, 2432 North 7" St., Harrisburg, PA TO: 47191 (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: An 'and all documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21./55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, red x-ray and/or MRI reports and films, patient 1ffMrmn:v treatment questionnaires and any other documentation regarding Plaintiff from t e eginnmg o r _association with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. 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 parry 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: Thomas A. wimmer, Esquire FORAY, ULLMAN, ULLMAN & FORRY, P.C. ADDRESS: _ 2000LINGLEBTGWR Roan SvITR 301 1 RRIsBr)RG. PA 17110 TELEPHONE: '610) 777-5700 SUPREME COURT ]D iV 45134 ATTORNEY FOR: e en a Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term File No. v. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vance Stouffer, M.D., 1790 Old Trail Road, Etters, PA 17319. (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 documentation regarding Plaintiff, Deborah A. Davis, (D,O.B,: 02/21/55; S.S.#: 164-34- _.. . 1693) including, but not limited to'ine ca recor s, e, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient -g-rWag Plaintiff from question naire the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court t., . . ox , at (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 parry 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: Thomas A. Wimmer, Esquire c- FORRY, ULLMAN, ULLMAN & FORRY, P.C. ADDRESS: 2VOO LIxCLasmoWrc R(InH SVIT. 301 HnHHteHVxc, PA 17110 lpl7?'s?nn TELEPHONE: fh 45294 SUPREME COURT ID # Defendant ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term V. File No. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Kumar, Cumberland Valley Neurologists, 764 Lincoln Way East, Chambersburg, PA (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, inepronee records invoices for treatment rendered x-ray and/or MRI reports and films patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. 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: T6em?s 1 Wim_,F11 ADDRESS: _ FORRY, ULLMAN, ULLMAN & FORRY. P.C. 2000I.IN02.59TOwN ROPn 9mmw Finxx:enonc rA . PA 19110 TELEPHONE: (610) 777-5700 SUPREME COURT ID # 45294 ATTORNEY FOR: a en an BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff File No. 04-2133 Civil Term v. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Edward J. Dagen, M.D., 9 Brookwood Avenue, Carlisle, PA 17013. (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: Thomas A Wimmer Fs_q ire ADDRESS: , FORR$ ULLMAN, ULLMAN & FORRY, P.C. 2000 Lirvai£ TOWN R.nu Sv .301 H RRISRVRR, PA 17110 TELEPHONE: SUPREME COUR - 45294 ATTORNEY FOR: 1 efenda it - BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term Pile No. v. JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert P. Boran, Jr., M.D., 1 Dunwoody Dr., Carlisle, PA 17011 (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire FORRY, ULLMAN, IILLMAN & PORRY, P.C. ADDRESS: 2000 L,ROLN9TOWN ROAS, 4ID HPRR,RRLRG RO, PA PA 1'1110 TELEPHONE: ?--- SUPREME COURT ID # Defendant ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant File No. 04-2133 Civil Term JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Chiropractic Clinic, 21 W. Pomfret St., Carlisle, PA 17013. (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 documentation regarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to the present date. Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O. Box 542, Reading, PA 19603. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _ Thomas A. Wimmer, Esquire ADDRESS: WORRY. ULLMAN, IILLMAN & FORRY, P.C. 2000 L,rvOV V smowrv Ronn q 12£ 301 Hw RxsBVxo, PA 17110 TELEPHONE: lulu SUPREME COURT ID # ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff 04-2133 Civil Term V. File JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 J. Craig Jurgensen, M.D., Belvedere Medical Center, 850 Walnut Bottom Rd., Carlisle, PA ,?a013. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the f9ii j''Mch4fW&F& eoAt4NWregarding Plaintiff, Deborah A. Davis, (D.O.B.: 02/21/55; S.S.#: 164-34- 1693) including, but not limited to medical records, handwritten notes, test results correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your association with her up to tile present date. at 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 SUBPOEN, hWA AI1VUE r; tT THE QUEST OF THE FOLLOWING PERSON: omas FORRY, ULLMAN, ULLMAN & FORRY, P.C. NAME: 2000 1,11.18 .N Ron„ ADDRESS: 8m1w301 I RRIRRVRO. PA 17110 (?1??-?a?37ee TELEPHONE: ?efrndant SUPREME COURT ID # ATTORNEY FOR: BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant File 04-2133 Civil Term JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Malik N. Momin, M.D., 2025 Technology Parkway, Mechanicsburg, PA 17050. (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: 014145; 9.9.#; 164 34 ' , .. Any and all decumentation regarding Plakitiff, Deborah A. 1693) including but not limited to medical records handwritten notes, test results, correspondence, insurance records, invoices for treatment rendered, x-ray and/or MRI reports and films, patient questionnaires and any other documentation regarding Plaintiff from the beginning of your assuciation with ne, up to the p, usent date. at Forty, Iillma Ullman B, Form, P C540 Court St. P-0- Box 1547, Reading ?. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: FORRY, ULEMAN, ULLMAN & FORRY, P.C. 2000 L,xopesxow,v R.An Svi 301 H noisA . PA 17110 TELEPHONE: SUPREME COUR 4529*- ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney L D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO, 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED I, THOMAS A. WIMMER, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendant, Jeannette Zimmerman, certify that on June 14, 2005, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. DATE: June 14, 2005 By: ??''--- THOMAS A. WIMMER, ESQUIRE FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED I, Thomas A. Wimmer, Esquire, and Forry, Ullman, Ullman & Ferry, P.C., hereby certifies that a copy of the Certificate Prerequisite to Service of Subpoenas, Cumberland County Subpoenas to Produce Documents and Things, and Notice of Intent was mailed by first-class mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to falsification to authorities. DATE: July 7, 2005 BY: ?kt THOMAS A. WIMMER, ESQUIRE °'? ?7 C? -??? r + .--t "?_'(1 ?'i' ?,? ?'S r rv ?? _, 4} DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717-243-1790 Deborah A. Davis In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff vs No. 04 - 2133 Civil Term Jeanette Zimmerman Civil action law Defendant Jury Trial Demanded Reply to New Matter 15. through 21. Denied. Said allegations ana denied as legal conclusions to which no response is necessary and further denied pursuant to Pa.R.C.P.1029(e). Wherefore it is prayed that the answer and new matter of the defendant be dismissed and judgment entered in favor of the plaintiff. Respectfully su William P. Doug July 15, 2005 Attorney for AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. `- a . lJQ 1z Deborah Davis Date: July 15, 2005 r_t r,i ??? _ ?J 2-:? -;i ?? ? = ._ -?, T , ,-? ?: - .:? ,_,_ G- C:: rv _„ ; _-; r-a -_ ?,; FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL. TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Jeannette Zimmerman, certifies that: A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to the Certificate; 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 a Subpoena. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Date: August 22, 2005 BY: THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 4.5294 540 Court St., P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendant FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED NOTICF OF INTENT TO SERVE. ARURPORNA TO PRODUCE DOCI JMENTS AND THINGS FOR DISCOVERY PURSIiANT TO RULF, A009.21 Defendant, Jeannette Zimmerman, intends to serve a subpoena identical to the subpoena attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Dated: July 29, 2005 BY: THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 540 Court Street, P.O. Box 542 Reading, Pennsylvania 19603 610/777-5700 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND 04-213.3 Civil Term DEBORAH A. DAVIS, File No. Plaintiff V. JEANNETTE ZIMMERMAN, JURY'TR1AL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 33 Westminister T0: Department of Public Welfare, Attn: Records custodian, Drive, Box (Name of Person or Entity) a is 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 documentation regarding Plaintiff, Aeborah A. Davis (D.O.B.: 2/21/55; SSN: 181-48-9607) including, " but not limited owe. are°recor s, wage information, applications for employment and welfare, approvals /disapprovals for welfare, medical records, case reviews, litigation pr ce ANY and ALL records in your possession from the earliest to the present. PA 19603. at Forry, Ullman, Ullman & Forry, P.C., 540 Court St., P.O.-Box 542, Reading, (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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or 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. TIIIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas A. Wimmer, Esquire ADDRESS: PbRRY. ULLMAN, uLLMAN 8 Hb ARY, P.C. 2000 LIN.1.5'.W A ROAD smi .301 _ Hwxx,aDV&c.PA 19110 TELEPHONE: - Vl'177-?,'Ifill SUPREME COURT # 45294 ATTORNEY FOR: Defendant Date: L 111 ?p / t. t 12.fx ?s Seal of the Court B_Y7 COURT: Prothonotary, Civil Dfvisio Deputy FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED CFRTTFTCATR OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendant, Jeannette Zimmerman, certify that on July 29, 2005, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street P.O. Box 261 Carlisle. PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. 1-71 / DATE: July 29, 2005 By: r 1? THOMAS A. WIMMER, ESQUIRE FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fuuflaw.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED I, Thomas A. Wimmer, Esquire, and Forry, Ullman, Ullman & Forry, P.C., hereby certifies that a copy of the Certificate Prerequisite to Service of a Subpoena, Cumberland County Subpoena to Produce Documents and Things, and Notice of Intent was mailed by first-class mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to falsification to authorities. DATE: August 22, 2005 BY: UJIUK" THOMAS A. ' NTAMER, ESQUIRE c. y. Fn C r FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fonyullman.com Attorneys for Defendant DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL COMPLIANCE DIRECTED TO PLAINTIFF PURSUANT TO PENNSYLVANIA R.C.P. 4019 Pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant, Jeannette Zimmerman, respectfully moves this Court for an Order directing Compliance from Plaintiff, Deborah A. Davis, to produce responses to Defendant's Interrogatories and Request for Production of Documents addressed to Plaintiff as grounds therefore states as follows: 1. On or about June 6, 2005, Defendant served on counsel for Plaintiff Interrogatories and a Request for Production of Documents, including a transmittal letter a copy of same is attached hereto as Exhibit "A". 2. Plaintiff failed to respond to the said discovery requests in accordance with the Rules of Civil Procedure. 3. By letter dated October 19, 2006, Defendant requested that Plaintiff respond to Defendant's Interrogatories and Request for Production of Documents. A true and correct copy of the October 19, 2006 letter is attached hereto as Exhibit "B". 4. Plaintiff failed to respond to Defendant's discovery requests in violation of the Pennsylvania Rules of Civil Procedure. 5. On or about October 19, 2006, Defendant served on counsel for Plaintiff a Second Set of Interrogatories including a transmittal letter, a true and correct copy of which is attached hereto as Exhibit "C". 6. Plaintiff failed to respond to Defendant's second discovery requests in violation of the Pennsylvania Rules of Civil Procedure. 7. By letter dated December 4, 2006, Defendant requested that Plaintiff respond to Defendant's Interrogatories and Request for Production of Documents, served on June 6, 2005, as well as Defendant's Second Set of Interrogatories Address to Plaintiff, served on October 19, 2006. A true and correct copy of the December 4, 2006 letter is attached hereto as Exhibit "D". 8. Plaintiff failed to respond to Defendant's first and second discovery requests in violation of the Pennsylvania Rules of Civil Procedure. 9. The information sought through Defendant's Interrogatories and Request for Production of Documents is both relevant and material to Defendant's preparation of a full and proper defense of this matter, and Defendant will be prejudiced if full and complete answers to those discovery requests are not provided. WHEREFORE, Defendant prays this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 4019, enter an Order requiring Plaintiff to provide full and complete answers to Defendant's Interrogatories and Request for Production of Documents herein within thirty (30) days of the date of the Order. Respectfully submitted, FORRY ULLMAN BY: /,, t2z/s? . Z44 ". e ? rTHOMAS A. WIMMER, ESQUIRE t7 ?l!/ 07 Date: FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fonyullman.com Attorneys for Defendant DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. : NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESS Pursuant to Berks County Rule 381(a)(6)(iv), I hereby certify that the following are the parties to be served with the Order and accompanying Motion to Compel Compliance: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 Thomas A. Wimmer, Esquire FORRY ULLMAN 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 FORRY ULLMAN r BY: OX T OMAS A. WIMMER, ESQUIRE ?$i6tbi+ READING OFFICE 540 COURT STREET PO BOX .542 READING, PA 19603 (610) 777,5700 FAX (610) 777-2499 THOMAS A. WIMMER EXTENSION : 103 EMAIL : lwimmer@fuuflaw.com LAW OFFICES FORRY, ULLMAN, ULLMAN & FORRY, P.C. 2000 LINGLESTOWN ROAD SUITE 301 HARRISBURG, PA 17110 HARRISBURG OFFICE (717) 441-9257 FAX (717) 441-0814 June 6, 2005 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 Re: Davis v. Zimmerman Our File No. 2021290 Dear Mr. Douglas: NORRISTOWN OFFICE ONE MO NTGOMERY PLAZA SUITE 900 NORRISTOWN, PA 19401 (610) 278-7520 FAX (610) 278-7530 BETH LEHEM OFFICE ONE BETHLEHEM PLAZA NEW &.. BROAD STREETS SUITE 400 BETHLEHEM, PA 18018 (610) 332-3400 FAX (610) 332-3401 Enclosed please find Defendant's Interrogatories and Request for Production of Documents Addressed to Plaintiff. Kindly respond in accordance with the Pennsylvania Rules of Civil Procedure. Very truly yours, FORRY, ULLMAN, ULLMAN & FORRY, P.C. By, •, T OMAS A. WIMMER, ESQUIRE TAW/jk Enclosures m x Q w Y4Fr" 2000 Linglestown Road Suite 301 ' Harrisburg PA 17110 PH 717.441.9257 Fx 717.441.0814 Forry Ullman THOMAS A. WIMMER VOICE MAIL EXTENSION: 101 E-MAIL: twimmert&_,forryullman.com October 19, 2006 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 Re: Davis v. Zimmerman Our File No. 2021290 Dear Mr. Douglas: We submitted Defendant's Interrogatories and Request for Production of Documents Addressed to Plaintiff but have not yet gotten a reponse. Kindly respond as soon as possible. I will need to file a Motion to Compel if we do not receive responses before November 1, 2006. Very truly yours, THOMAS A. WIMMER, ESQUIRE TAW/taw Reading Norristown Bethlehem Harrisburg ? xhi 2000 Linglestown Road i Suite 301 Harrisburg PA 17110 PH 717.441.9257 . vx 717.441.0814 FAttorneys at Law October 19, 2006 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 Re: Davis v. Zimmerman Our File No. 2021290 Dear Mr. Douglas: THOMAS A. WIMMER VOICE MAIL EXTENSION: 101 E-MAIL: swimmer@forryullman.com Enclosed find Defendant's Second set of Interrogatories Addressed to Plaintiff. Please provide responses in accordance with the Pennsylvania Rules of Civil Procedure. Very truly yours, AOM S A. V//1 1WIM? MER ESQUIRE TAW/taw Enclosure Reading - Norristown Bethlehem Harrisburg Exhlto t) 2000 Linglesiown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 Px 717.441.0814 FAttorneys at Law December 4, 2006 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 Re: Davis v. Zimmerman Our File No. 2021290 Dear Mr. Douglas: THOMAS A. WIMMER VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@fonyuliman.com We submitted Interrogatories and a Request for Production of Documents to you on June 6, 2005. We also submitted Defendant's Second set of Interrogatories Addressed to Plaintiff to you on October 19, 2006, but have not yet gotten responses to any discovery. Kindly respond as soon as possible. I will need to file a Motion to Compel, which has already been prepared, if we do not receive responses before December 14, 2006. Very tnlly yours THOMAS A. WIMMER, ESQUIRE TAW/jaz Reading • Norristown • Bethlehem • Harrisburg www.forryullman.com r-a t? ? -? -ri , -r . c ? ?'. , . ? ??t ,4 ?% ,.... ma ,. ?ryy rw„ Sr+ FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@forryullman.com DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL COMPLIANCE DIRECTED TO PLAINTIFF PURSUANT TO PENNSYLVANIA R.C.P. 4019 Pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant, Jeannette Zimmerman, respectfully moves this Court for an Order directing Compliance from Plaintiff, Deborah A. Davis, to produce responses to Defendant's Interrogatories and Request for Production of Documents addressed to Plaintiff as grounds therefore states as follows: 1. No Judge has ruled upon any other issue in the same or related matter. 2. Defendant sought the concurrence of Plaintiff's counsel by correspondence as outlined below, but Plaintiff s counsel has not responded to any requests to resolve this issue prior to the filing of this Motion. 3. On or about June 6, 2005, Defendant served on counsel for Plaintiff Interrogatories and a Request for Production of Documents, including a transmittal letter. A copy of same is attached hereto as Exhibit "A". 4. Plaintiff failed to respond to the said discovery requests in accordance with the Rules of Civil Procedure. 5. By letter dated October 19, 2006, Defendant requested that Plaintiff respond to Defendant's Interrogatories and Request for Production of Documents. A true and correct copy of the October 19, 2006 letter is attached hereto as Exhibit "B". 6. Plaintiff failed to respond to Defendant's discovery requests in violation of the Pennsylvania Rules of Civil Procedure. 7. On or about October 19, 2006, Defendant served on counsel for Plaintiff a Second Set of Interrogatories including a transmittal letter, a true and correct copy of which is attached hereto as Exhibit "C". 8. Plaintiff failed to respond to Defendant's second discovery requests in violation of the Pennsylvania Rules of Civil Procedure. 9. By letter dated December 4, 2006, Defendant requested that Plaintiff respond to Defendant's Interrogatories and Request for Production of Documents, served on June 6, 2005, as well as Defendant's Second Set of Interrogatories Address to Plaintiff, served on October 19, 2006. A true and correct copy of the December 4, 2006 letter is attached hereto as Exhibit "D". 10. Plaintiff failed to respond to Defendant's first and second discovery requests in violation of the Pennsylvania Rules of Civil Procedure and failed to respond to requests to comply without the need for a Motion to Compel responses. 11. The information sought through Defendant's Interrogatories and Request for Production of Documents is both relevant and material to Defendant's preparation of a full and proper defense of this matter, and Defendant will be prejudiced if full and complete answers to those discovery requests are not provided. WHEREFORE, Defendant prays this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 4019, enter an Order requiring Plaintiff to provide full and complete answers to Defendant's Interrogatories and Request for Production of Documents herein within thirty (30) days of the date of the Order. Respectfully submitted, FORRY ULLMAN BY: THOMAS A. WIMMER, ESQUIRE Date: 3c / o C? r?g qn) C' y " ' 1 t i WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE ATTORNEY I.D. NO. 37926 57 WEST POMFRET STREET CARLISLE, PA 17013 717-243-1790 DEBORAH A. DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes William P. Douglas, Esquire, Attorney for Plaintiff, Deborah A. Davis, and files the following Answer to Defendant's Request for Production of Documents: 1. None at this time. 2. None at this time. 3. None at this time. 4. None at this time. 5. None at this time. 6. None at this time. 7. None at this time. 8. Nothing other than has been provided previously. 9. The plaintiff was not employed. 10. Not applicable. 11. All documents in our possession have been supplied. 12. All documents in our possession have been supplied. 13. As yet no exhibits have been identified for use at trial. 14. Plaintiff is not in possession of the first party file. 15. Plaintiff is not in possession of the Department of Public Welfare file. 16. None in our possession. 17. We have no medical other than previously supplied. 18. All documents in our possession have been supplied. 19. All documents in our possession have been supplied. Respectfully submitted, William P. Douglas,-Esc Attorney I.D. No. 37926 Attorney for Plaintiff 57 West Pomfret Street Carlisle, PA 17013 717-243-1790 Dated: March 30, 2007 ,--'' p C? -r? ? ?-? ? x? ? - R3 t" ^C7 r {"c?t t""' Y` ? ? ' ?;??. N -''pC._; ice;' :. ? ,.",?T'' R i ' _ ._;, ? ?, ? .? FORRY ULLMAN Thomas A. Wimmer, Esquire Attorney I. D. No. 45294 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: twimmer@fonyullman.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this 30 it% day of h ar J% , 2007, upon consideration of Defendant's Motion to Compel Compliance, it is hereby ORDERED that Plaintiff provide full and complete answers to Defendant's Interrogatories and Request for Production of Documents no later than thirty (30) days from the date of this order or suffer the entry of appropriate sanctions upon further application to this Court. BY THE COURT: Opp J- oa ?_ Luz gs V8 0,- IN THE MATTER OF: DEBORAH DAVIS CERTIFICATE ORIGINA1 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- JEANETTE ZIMMERMAN CASE NO: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 05/21/2007 S on behtf of . A (W?I1M R ES Attorney for DEFENDANT R1.33 105-N DE11-0688603 7 4 0 0 6- L 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE HEALTH CENTER MEDICAL RECORDS BROOKWOOD FAMILY MEDICINE MEDICAL RECORDS BECKER CHIROPRATIC MEDICAL RECORDS GUY CATONE, DMD MEDICAL RECORDS WELFARE ADMINISTRATION WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 04/30/2007 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361781 74006-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS : VS. JEANETTE ZIMMERMAN File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for UYSTONE HEALTH CENTER (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 Group, Inc 1601 Market Street, Suite 800 Philadelphia 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: THOMAS A. WIMMER. ES ADDRESS: _2Q(?4_LINGLESTOWN ROA TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY 7- 'Ci '1 sion ProfliS`no'taryl . Deputy z,66 7 Date: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE HEALTH CENTER 820 5TH AVENUE CHAMBERSBURG, PA 17201 RE: 74006 DEBORAH A DAVIS 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 : DEBORAH A DAVIS 232 MORN, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-8607 Date of Birth: 02-21-1955 R1.31S 133-H SU10-0682926 74006-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 05/21/2007 IWhaQ" of ME Q. 1 `Jo?y Attorney for DEFENDANT R1.33 105-N DE11-0688604 7 4 0 0 6 -- 1-,0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE HEALTH CENTER MEDICAL RECORDS BROOKWOOD FAMILY MEDICINE MEDICAL RECORDS BECKER CHIROPRATIC MEDICAL RECORDS GUY CATONE, DMD MEDICAL RECORDS WELFARE ADMINISTRATION WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 04/30/2007 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 :1.315 133-H DE02-0361781 74006-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS : VS. JEANETTE ZIMMERMAN File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for B&QQ&WDM FAMILY MEDICINE (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 RiMT ER **** at The MCS Group, Inc.. 1601 Market Street- Suite 800_ Philadelphia, 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: THOMAS A. WD? MER. ES ADDRESS: 2000 LINGLESTOWN ROA TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Proth otary/Cler i ' 'sion Deputy Date: t Seal of the Court 'IannAs') EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BROOKWOOD FAMILY MEDICINE 49 BROOKWOOD AVE. CARLISLE. PA 17013 RE: 74006 DEBORAH A DAVIS 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 : DEBORAH A DAVIS 232 MOHN, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-8607 Date of Birth% 02-21-1955 R1.31S 133-H SU10-0682928 74006-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN ORGIN4 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 05/21/2007 S on bel U;?~ P1 WIMMER, ESQ. I t-at Attorney for DEFENDANT R1.33 105-N DE11-0688605 '74006-11,03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE HEALTH CENTER MEDICAL RECORDS BROOKWOOD FAMILY MEDICINE MEDICAL RECORDS BECKER CHIROPRATIC MEDICAL RECORDS GUY CATONE, DMD MEDICAL RECORDS WELFARE ADMINISTRATION WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 04/30/2007 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 L.31S 133-H DS02-0361781 74006-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS : VS. JEANETTE ZIMMERMAN File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BECKER CHIROPRATI . (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 MER **** at The MCS C,rr= Inc.. 1601 Market Street Suite 800, Philadelphia 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: THOMAS A. WIMMER. ES ADDRESS: 2000 LINGLESTOWN ROA TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE U 46 Proth notary/Cn ty a, , Depu Date: -ILI Seal of the Court 74006-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRATIC 501 MARKET STREET LEMOYNE, PA 17043 RE: 74006 DEBORAH A DAVIS 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 : DEBORAH A DAVIS 232 MORN, SHIPPENSBURG, PA 17257 Social Security #: XXX-XX-8607 Date of Birth: 02-21-1955 R1.31S 133-H SU10-0682930 74006-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN ORIGIA11-ol-aI COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 05/21/2007 S on behalf of AS A. WIMMER, ESQ. Attorney for DEFENDANT R1.33 105-N DE11-0688606 7 4 0 0 6- L 0 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE HEALTH CENTER MEDICAL RECORDS BROOKWOOD FAMILY MEDICINE MEDICAL RECORDS BECKER CHIROPRATIC MEDICAL RECORDS GUY CATONE, DMD MEDICAL RECORDS WELFARE ADMINISTRATION WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 04/30/2007 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 1.31S 133-H D902-0361781 74006-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS : VS. JEANETTE ZIMMERMAN File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GUY CATONE. DMD (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 C*roun Inc - 1601 Market Street, Suite 800, Philadelphia 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: THOMAS A. WIMMER. ES ADDRESS: 2000 LINGLESTOWN ROA TELEPHONE: (25,) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Protho otary/Cl ivi D' sion Deputy Date: Seal of the Court 74006-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GUY CATONE, DMD FORBES REGIONAL HEALTH 2566 HAYMAKER ROAD MONROEVILLE, PA 15146 RE: 74006 DEBORAH A DAVIS 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 : DEBORAH A DAVIS 232 MORN, SHIPPENSBURG, PA 17257 Social security #: XXX-XX-8607 Date of Birth: 02-21-1955 R1.31S 133-H SU10-0682932 74006-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS ORIG/NAl COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 -VS- JEANETTE ZIMMERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 05/21/2007 S on be alf of. A. W!9VWESQ, Attorney for DEFENDANT R1.33 105-N DE11-0688607 '7400G-3[j05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KEYSTONE HEALTH CENTER MEDICAL RECORDS BROOKWOOD FAMILY MEDICINE MEDICAL RECORDS BECKER CHIROPRATIC MEDICAL RECORDS GUY CATONE, DMD MEDICAL RECORDS WELFARE ADMINISTRATION WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 04/30/2007 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact 4.31S 133-H MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D802-0361781 74006-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS : File No. 04-2133 VS. JEANETTE ZIMMERMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WELFARE ADMINISTRATION (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 RID R * * * * at The MCS Gm=- Inc.- 1601 Market Street, Suite 800 Philadelphia- 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: THOMAS A W MMER ESO ADDRESS: 2000 LMGLESTOWN ROAD SUITE 301 HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH4b/Cdler URT: L6A Protho Di ion Date: Deputy Seal of the Court 74006-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WELFARE ADMINISTRATION P.O. BOX 8486 FINANCIAL CASUALTY UNIT HARRISBURG, PA 17105 RE: 74006 DEBORAH A DAVIS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. OBTAIN ANY THIRD PARTY LIABILITY DIVISION RECORDS RELATING TO EXPENSES PAID BY THE DEPARTMENT OF PUBLIC WELFARE TO PLAINTIFF WITH REGARD TO THIS ACCIDENT Dates Requested: up to and including the present. Subject : DEBORAH A DAVIS 232 MORN, SHIPPENSBURG, PA 17257 Social Security.#: XXX-XX-8607 Date of Birth: 02-21-1955 R1.31S 133-H SU10-0682934 74006-L05 ro F _ CD --{ r. :'n CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS JEANETTE ZIMMERMAN -VS- ORIGINliL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 03/03/2008 on behalf HWINNER, ESQ. ` Attorney for DEFENDANT R1.51 118-H DE11-0738296 74006-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ROXBORO ROAD CHIROPRACTIC MEDICAL RECORDS DEPARTMENT OF WELFARE WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 02/12/2008 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H Dl902-0385970 74006-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBORAH DAVIS File No. 04-2133 VS. JEANETTE ZIMMERMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO ROXBURY ROAD CHIROPRACTIC Custodian of Records for - -? - (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 Groin, Inc 1601 Market Street, Suite 800 Philadelphia 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: THOMAS A. WIMMER. ESO. ADDRESS: 2000 LINGLESTOWN ROAD SUITE 301 HARRISBURG_ PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT. Pro notary/Cllr ivil ivision MAR 2008 Deputy Date: (A OS 101' Seal of the Court 74006-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROXBURY ROAD CHIROPRACTIC 3231 ROXBURY ROAD SHIPPENSBURG, PA 17257 RE: 74006 DEBORAH A DAVIS 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 : DEBORAH A DAVIS 232 MORN STREET, SHIPPENSBURQ, PA 17257 Social security #: XXX-XX-8607 Date of Birth: 02-21-1955 R1.49S 118-H SU10-0721464 74006-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS ORIGIN,41 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 -VS- JEANETTE ZIMMERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 03/03/2005 __,pCS on behj?lf qf l HOMAS A. WINNER, ESQ. Attorney for DEFENDANT I R1.51 118-H DE11-0738297 74006-L07 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ROXBORO ROAD CHIROPRACTIC MEDICAL RECORDS DEPARTMENT OF WELFARE WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 02/12/2008 MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact THE MCS GROUP INC 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1. 49S 118-H DE02-0385970 74006 -COl COMMONWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND DEBORAH DAVIS VS. JEANETTE ZIMMERMAN File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DEPARTMENT OF WELFARE (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 Group Inc. , 1601 Market Street Suite 800. Philadelphia. 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: THOMAS A. WIMMER. ES ADDRESS: 2000 LINGLESTOWN ROA HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 0 3 200 Date: c o && Seal of the Court BY THE OURT: Proth otary/Cler ivil sion ?, Deputy 74006-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DEPARTMENT OF WELFARE 450 CLEVELAND AVENUE P.O. BOX 8150 HARRISBURG, PA 17104 RE: 74006 DEBORAH A DAVIS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL WAGE OR MEDICAL ASSISTANCE RECORDS FOR 2 YEARS PRIOR TO THE ACCIDENT Dates Requested: up to and including the present. Subject : DEBORAH A DAVIS 232 MORN STREET, SBIPPEDNSBURG, PA 17257 Social security #: XXX-XX-8607 Date of Birth: 02-21-1955 R1.49S 118-H SU10-0721114 74006-LO7 C7 ry tx? ? a try ? e :,`v . > -:T4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS A. WIMMER, 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: 03/03/2008 _ACS on beh if f WIMMER, ESQ. / l Attorney for DEFENDANT R1.51 118-H DEII-0738297 74006-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DEBORAH DAVIS -VS- JEANETTE ZIMMERMAN COURT OF COMMON PLEAS TERM, CASE NO: 04-213 3 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ROXBORO ROAD CHIROPRACTIC MEDICAL RECORDS DEPARTMENT OF WELFARE WELFARE RECORDS TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS A. WIMMER, 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: 02/12/2008 CC: THOMAS A. WIMMER, ESQ. - 2021290 Any questions regarding this matter, contact MCS on behalf of THOMAS A. WIMMER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC . 1601 MARKET STREET #800 PHILADELPHIA, PA, 19103 (215) 246-0900 I R1. 49S 118-H DE02-0385970 74006 -CO1 COMMONWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND DEBORAH DAVIS File No. 04-2133 VS. JEANETTE ZIMMERMAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DEPARTMENT OE WELFARE (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 MCI; Gr=p Inc.. 1601 Market Street. Suite 800, Philadelphia 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: THOMAS A. WIMMER, ES ADDRESS: 2000 LINGLESTOWN ROA HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 0 3 2008 Date: C2?008 Seal of the Court I T: AUR BY THE Proth otary/Cler evil rdsion Deputy 74006-07 r?a ?? e,:l r__ ca -7Z ?: a. .-, i„J ..,.. ... _ _ ' r (? 5 i ?V ..- _. T7 `„ '^:. y SUBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis vs. Zimmerman Common Pleas Page 2 of 3 Case Number: No. 04-2133 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg 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: 12/19/2008 Litigation Solutions, LLC on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg Attorney for the Defense CC: Thomas Wimmer, Esquire Forry Ullman - Harrisburg 2000 Linglestown Road Suite 301 Harrisburg PA 17110 http://rats.litsol.com/ratseventslsubpoena_records.asp? WRid=WR3 5050&PLid=PL29335... 12/19/2008 SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Davis Common Pleas vs. Zimmerman No. 04-2133 Page 1 of 4 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Allegheny General Hospital Allegheny General Hospital Roxbury Road Chiropractic Holy Cross Hospital Holy Cross Hospital Holy Cross Hospital Summit Health - Chambersburg Hospital Summit Health - Chambersburg Hospital Tamara Oser Keystone Health Center TO: William Douglas, Esquire note: please see enclosed list of all other interested counsel Medical Radiology All available Medical Radiology Financial / Billing Medical Radiology All available All available Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire 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. Date of Issue: 12/8/2008 CC: Thomas Wimmer, Esquire - Common Pleas If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre Litigation Solutions, LLC on behalf of: Thomas Wimmer, Esquire Defense http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL2933... 12/8/2008 SUBPOENA NOTICE OF INTENT 161 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Page 2 of 4 http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL2933... 12/8/2008 SUBPOENA NOTICE OF INTENT Counsel COUNSEL LISTING FOR DAVIS VS. ZIMMERMAN County of Cumberland Common Pleas Firm Douglas, Esquire, William 43 West So/?uth?\ Street P.O. Box 261 Carlisle PA 17013 Page 3 of 4 Counsel Type Opposing Counsel http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL2933... 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUIVIBERL aND Davis File No. No. 04-2133 vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER' PURSUANT TO RULE 4009.22 TO: Allegheny General Hospital - Medical Records (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: :PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 afterits 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: Thomas Wimmer, Esquire ADDRESS:-2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: De f e n s e BY THE COURT• Protho ary, Civil Divi Date:/ /•J / Seal of the Court Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Allegheny General Hospital 320 East North Avenue Pittsburgh PA 15212 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#: 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (2/21/1955 to Present), including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol. com/ratsevents/subpoena_rider.asp?PLid=PL293334& WRid=WR3 5050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA-N7D Davis No. 04-2133 File No. vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Allegheny General Hospital - Radiology (Name of Person or Entity) lVithia twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ,PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party-serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIVM: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: D e f e n s e Date: 42??" Seal of 6e Court 7BYHE C IT: 'notary Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Allegheny General Hospital 320 East North Avenue Pittsburgh PA 15212 Attention: Radiology Films Library Subject: Davis, Deborah A. SS# : 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: Complete copy of any and all diagnostic films and film lists (2/21/1955 to Present), including X-Rays, MRI, and CT scans. http://rats.litsol.com/ratseventslsubpoena_rider.asp?PLid=PL293 33 6& WRid=WR3 5050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANTD Davis vs. Zimmerman File No. No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Cross Hospital - Medical Records (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: PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party-serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisbura PA. 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEY FOR: Defense Date: // Seal 6f the Court BY THE C T: othono i ivisi Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Cross Hospital 1500 Forest Glen Road Silver Spring MD 20910 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS# : 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (2/21/1955 to Present), including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena rider.asp?PLid=PL293344&WlZid=WR35050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis No. 04-2133 File No. VS. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Cross Hospital - Radiology (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: .PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to'comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisbura PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEY FOR: Defense Date: Seal of e Court BY THE URT: oth )not Divisi Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Cross Hospital 1500 Forest Glen Road Silver Spring MD 20910 Attention: Radiology Films Library Subject: Davis, Deborah A. SS#: 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: Complete copy of any and all diagnostic films and film lists (2/21/1955 to Present), including X-Rays, MRI, and CT scans. littp://rats.litsol.com/ratsevents/subpoena-rider.asp?PLid=PL293 348& WRid=WR3 5050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis No. 04-2133 File No. VS. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER' PURSUANT TO RULE 4009.22 TO: Holy Cross Hospital - Billing (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: :PLEASE SEE.ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: _2000 Linctlestown Road Suite 301 Harrisburq PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ED # 4 5 2 9 4 ATTORNEY FOR: D e f e n s e Date: 'Seal of tfie Court BY THE T: Pr onotary, ivision Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Cross Hospital 1500 Forest Glen Road Silver Spring MD 20910 Attention: Billing Department Subject: Davis, Deborah A. SS#: 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Complete copy of any and all itemized bills (include ICD9 & CPT codes) (2/21/1955 to Present), denials for inpatient and outpatient accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed. http://rats.litsol. coin/ratsevents/subpoena_rider.asp?PLid=PL293 349& WRid=WR3 5050 12/8/20OR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis File No. No. 04-2133 vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Keystone Health Center (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: .PLEASE SEE_ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party-serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIDE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: Defense Dater 1 Seal of e'tourt BY THE C T: P thonotary, C*-v Deputy SUBPOENA PJDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Keystone Health Center 820 Fifth Avenue Chambersburg PA 17201 Attention: Records Department Subject: Davis, Deborah A. SS#: 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession (2/21/1955 to Present) regarding the above- named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists • Billing records. http: //rats.litsol. comJratseventslsubpoena_rider. asp?PLid=PL293 3 58& WRid=WR3 5 05 0 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis File N No. 04-2133 VS. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER' PURSUANT TO RULE 4009.22 TO: Tamara Oser (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: ;PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or 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: Thomas Wimmer, Esquire ADDRESS:-2000 Linglostown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ED # 4 5 2 9 4 ATTORNEY FOR: Defense Date: ?/'7? Seal o the Court BY THE CO T: Pro nota4-xa- i isi Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Tamara Oser 3 Flowers Drive Mechanicsburg PA 17050 Attention: Records Department Subject: Davis, Deborah A. SS#: 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession (2/21/1955 to Present) regarding the above- named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, Cfs), Film lists. http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL2933 56& WRid=WR35050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUIBERLA14D Davis File 1` No. 04-2133 vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR TAGS FOR DISCOVER' PURSUANT TO RULE 4009.22 TO: Roxbury Road Chiropractic (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: ;PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 parry 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: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ED # 4 5 2 9 4 ATTORNEY FOR: De f e n s e Date: LZ /11 Seal d the Court BY THE C T: Pr onotary, Ci visi Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Roxbury Road Chiropractic 3231 Roxbury Road Shippensburg PA 17257 Attention: Records Department Subject: Davis, Deborah A. SS#: 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession (2/21/1955 to Present) regarding the above- named patient, including but not limited to: Medical records (charts, test results, reports, correspondence, office notes) Films (X-rays, MRIs, CTs), Film lists. http://rats.litsol.oom/ratsevents/Subpoena_rider.asp?PLid=PL29333 8& WRid=VVR3 5050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUA/1BERLA2 D Davis vs. Zimmerman File No No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Summit Health - Chambersburg Hospital - Medical Records (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: .PLEASE SEE. ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisbura PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: De f e n s e Date: Seal f the Court BY THE URT: P onotary, Ci vis' n Deputy SUBROENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Summit Health - Chambersburg Hospital 112 North Seventh Street Chambersburg PA 17201 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS # : 181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (2/21/1955 to Present), including records, charts, test results, reports, correspondence, office notes, and computerized records. . http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL2933 52&WRid=WR3 5050 12/8/2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis File No. No. 04-2133 vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR TANGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Summit Health - Chambersburg Hospital (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: .PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM E: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEY FOR: De f e n s e Date: /2LzW Seal of the Court BY THE URT: P thonotary, visio Deputy SV-DP.OENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Summit Health - Chambersburg Hospital 112 North Seventh Street Chambersburg PA 17201 Attention: Radiology Films Library Subject: Davis, Deborah A. SS#:181-48-8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: Complete copy of any and all diagnostic films and film lists (2/21/1955 to Present), including X-Rays, MRI, and CT scans. http://rats.litsol.com/ratsevents/subpoena rider.asp?PLid=PL2933 55& WRid=WR3 5050 12/8/2008 rx C--"..7 _,+ l._. C:C3 ??? '-`4 s ? C"'7 1.. _. ?,._„ _ ?'-? f'` SLT43POENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis VS. Zimmerman Page 2 of 3 Court of Common Pleas Case Number: 04- 2133 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg 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: 2/12/2009 CC: Thomas Wimmer, Esquire Forry Ullman - Harrisburg 2000 Linglestown Road Suite 301 Harrisburg PA 17110 Litigation Solutions, LLC on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg Attorney for the Defense http://rats.litsol.comlratsevents/subpoena-records.asp? WRid=WR35050&PLid=PL3O3199... 2/12/2009 SUBPOENA NOTICE OF INTENT Page 1 of 3 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Davis Court of Common Pleas VS. Zimmerman 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Orthopedic & Spine Specialists Orthopedic & Spine Specialists TO: William Douglas, Esquire note: please see enclosed list of all other interested counsel Medical Radiology Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire 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. Date of Issue: 2/9/2009 CC: Thomas Wimmer, Esquire - Court of Common Pleas If you have any questions regarding this matter, please cor act: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Thomas Wimmer, Esquire Defense http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL30319... 2/9/2009 SUBPOENA NOTICE OF INTENT Page 2 of 3 COUNSEL LISTING FOR DAVIS VS. ZIMMERMAN County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Douglas, Esquire, William 43 West South Street P.O. Box 261 Carlisle PA 17013 Opposing Counsel http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL30319... 2/9/2009 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUTN[BERLANTD Davis File 1, 04-2133 v5. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic & Spine Specialists - Medical Records (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: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: Defense Date:-- '---?A (J Seal of the Cdiirt BY THE URT: rl? _aa othonotaryDiv ion Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Orthopedic & Spine Specialists 1855 Powder Mill Road York PA 17403 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (2/21/1955 to Present), including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.litsol.coinlratsevents/subpoena-rider.asp?PLid=PL303198&WRid=WR35050 2/9/2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANTD Davis File No. 04-2133 vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic & Spine Specialists - Radiology. (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: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, TELEPHONE: 717-441-9257 SUPREME COURT ED # 4 5 2 9 4 ATTORNEY FOR: D e ens e Date: a U t Sea of the Court BY COURT: Prothonotary, CM I Div sion Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Orthopedic & Spine Specialists 1855 Powder Mill Road York PA 17402 Attention: Radiology Films Library Subject: Davis, Deborah A. SS#: 8607 Date of Birth: 2/21/1955 Page I of 1 Requested Items: Please remit: Complete copy of any and all diagnostic films and film lists (2/21/1955 to Present), including X-Rays, MRI, and CT scans. http://rats.litsol.comlratsevents/subpoena rider.asp?PLid=PL303199&WRid=WR35050 2/9/2009 (') r"a rn „ ? " (JI SUBPOENA RECORDS Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis Court of Common Pleas VS. Zimmerman Case Number: 04- 2133 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutins, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg certi,les 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: 7/15/2009 Litigation Solutions, LLC on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg Attorney for the Defense CC: Thomas Wimmer, Esquire Forry Ullman - Harrisburg 2000 Linglestown Road Suite 301 Harrisburg PA 17110 httn•//,-oto l;tonl rnn,/,-atca??antc/cithnnPna rP?nr?c a¢s??UURirI=Z?TRiS(15nRrPT.iri=PT.'?;O952 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Davis Court of Common Pleas VS. Zimmerman 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Progressive Group of Insurance Companies First-Party Benefits Progressive Group of Insurance Companies First-Party Benefits Progressive Group of Insurance Companies First-Party Benefits Shelter Mutual Insurance Company First-Party Benefits Nationwide Insurance-Harrisburg First-Party Benefits Nat;, w wide Insurance-Harrisburg First-Party Benefits TO: William Douglas, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire 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. Date of Issue: 7/9/2009 Litigation Solutions, LLC on behalf of: CC: Thomas Wimmer, Esquire - Court of Common Pleas Thomas Wimmer, Esquire Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR DAVIS VS. ZIMMERMAN County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Douglas, Esquire, William 43 West South Street P.O. Box 261 Carlisle PA 17013 Opposing Counsel vlqu COMMOYWEALTH OF PENNS.YI..VAMI COUNTY OF CU-MBERLANi Davis vs. Zimmerman Fie No. 04-2133 SUBPOENA TO PRODUCE DOCUWE NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance-Harrisbura (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court t., _Dr oduce the following documents or things: ;PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the,copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply V ith it THIS SUBPOENA. WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEY FOR: Defense Date: -7& 0? BY TH OURT: /bA rothonotary, Ci vis Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Nationwide Insurance-Harrisburg 1000 Nationwide Drive Harrisburg PA 17105 Attention: Claims Department Subject: Davis, Deborah A. SS#: 8607 Date of Birth: 2/21/1955 Requested Items: Please RUSH a complete copy of the entire Claim File (DOL: 3-11-07; Claim No. 5837915841D07031101; Policy No. 5837D915841), including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Nationwide Insurance-Harrisburg 1000 Nationwide Drive Harrisburg PA 17105 Attention: Claims Department Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Requested Items: Please RUSH a complete copy of the entire First Party Benefit File (DOL 5-13-07; Claim no. 5837915841D07051301; Policy No. 5837D915841), including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. COI ?ONWEALTH OF PEI`I1\TSYLV_A1-TA COUNTY OF CUMEERLAt L Davis 04-2133 File No. VS. Zimmerman SIBPOEN.,. TO PRODUCE EOC'UIEONTS OR THINGS FOR DISCO'VERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance-Harrisburg (Name of Person or Entity) Within twenty (20) days z " - service of thi t .ibpoena, you are ordered by the court to produce the following documents or things: :PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (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,copin 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: NAIvE: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID# 4 5 2 9 4 ATTORNEY FOR: Defense BY O T: Piothonota vi Div- ion Date : 7 ? O 9 Deputy COMMOYWEAL,TH OF PENNSYLVANLA- COUNTY OF CU`M:BERLA -TD Davis vs. Zimmerman File No. 04-2133 SUBPOENA TO PRODUCE DJOCUYIENTS OIL THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Progressive Group of Insurance Companies (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the cout to produce the following documents or things: ;PLEASE SEE"ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the.copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena my *seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIv1E: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEYFOR: Defense Date: 7 (o b :BY THE URT• o onotary, Civi i Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Progressive Group of Insurance Companies 6300 Wilson Mills Road Attn: Corporate Legal Dept. Mayfield-Village OH 44143 Attention: Claims Department Subject: Davis, Deborah A. SS#: 8607 Date of Birth: 2/21/1955 Requested Items: Please RUSH a complete copy of the entire Claim File (DOL 9-10-03; Claim No. 031419115; Policy no. 55552374), including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. COIvII ONT EA r T H OF PEIM%TS Y VANLA COUNTY OF CURBERLA L Davis 04-2133 File No. vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Progressive Group of Insurance Companies (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: .PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the.copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party-serving this subpoena my *seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, 'Esquire ADDRESS: 2 Ling estown oad Suite 301 Harrisburg , I/ilU TELEPHONE: 717-441-9257 SUPREME COURT ID ATTORNEY FOR: D e ens e BY 79 OUR rothonotary, Ci ' i isio Date : 11( 0 9 Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Progressive Group of Insurance Companies 6300 Wilson Mills Road Attn: Corporate Legal Dept. Mayfield Village OH 44143 Attention: Claims Department Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Requested Items: Please RUSH a complete copy of the entire Claim File (DOL 4-8-04; Claim no. 042674722; Policy no. 55552374), including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. COMMMI VE-A..LTH OF PEM\TS?.?vAA 1 COUNTY OF CUM-BERLA? Davis 04-2133 Fie No. vs. Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR miNGs FOR DISCOVERY PURSUANT TO RULE 4004.22 TO: Progressive Group of Insurance Companies (Name of Person or Entity) ?TJithin twenty (20) days after service of this subpoena, you are ordered by r! e court to prods r the following documents or things: ;PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to'comply with it. THIS SUBPOENA.. WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 1711 TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEY FOR: Defense Date. 7 & O BY TH URT: rothonotary, C' Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Progressive Group of Insurance Companies 6300 Wilson Mills Road Attn: Corporate Legal Dept. Mayfield Village OH 44143 Attention: Claims Department Subject: Davis, Deborah A. SS# : 8607 Date of Birth: 2/21/1955 Requested Items: Please RUSH a complete copy of the entire Claim File (DOL 10-09-05; Claim No. 056891838; Policy No. 52628780), including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. COIvEVONWEALT111 OF PEI, NSYL VANA COUNTY OF CUIvMERLA21L Davis 04-2133 File No. vs. Zimmerman SUBPOENA TO PRODUCE DOCUATENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO. Shelter Mutual Insurance Company (Name of Person or Entity) Within twenty (--'C) days after servic, of this subpoena, you are ordered by the court to produce the following documents or tY ings: :PLEASE SEE"ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togetb"er 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: Thomas Wimmer, Esquire ADDRESS:2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID 4 4 5 2 9 4 ATTORNEY FOR.- De, e n s e Date: BY TH OURT: ro onotary 1visi Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Shelter Mutual Insurance Company 1817 W. Broadway Columbia MO 65205 Attention: Claims Department Subject: Davis, Deborah A. SS#: 8607 Date of Birth: 2/21/1955 Requested Items: Please RUSH a complete copy of the entire First Party Benefit File (DOL: 9-10-03; Claim No. 24004459846001032531; Policy No. 21024004459846), including but not limited to applications for benefits, declaration page, wage loss documents, medical records and bills. FIB ?_? ?. r,C7y ,2600 EL'! 17 i'i$12'; 1 i P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Appellant GREGORY S. LEBO, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-2924 CIVIL NINA D. LEBO, :IN DIVORCE Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff/Respondent files the following answer to the Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part but also it is averred that the Petitioner has been residing in the marital home together with her current boyfriend who has been residing there since at or near the time of separation 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied because Respondent is without knowledge concerning this averment. Therefore the same is denied and proof is demanded at the time of the hearing. 9. Denied. Respondent is without any knowledge concerning any requests made prior hereto by the Petitioner to refinance the property to reduce the monthly mortgage. It is further denied that the Respondent has consistently refused to do the same. 10. Admitted in part and denied in part. It is admitted that refinancing may be of a benefit however, it is denied that the Petitioner will certainly be getting the marital residence. 11. Denied. It is denied that title transfer would not affect the Respondent's marital interest in that the Petitioner could sell, refinance, transfer to her paramour, or have a creditor involuntarily attach any equity in the home that would adversely impact on the Respondent. 12. Denied. Respondent is without knowledge to form an opinion as to the paragraph. Therefore, the same is denied. 13. Denied. It is denied that the Petitioner made repeated requests to Respondent. It is further denied that Respondent has refused to cooperate. It is further denied that sole title to the marital residence should be placed in the Plaintiff. 14. Admitted. WHEREFORE, Respondent prays the Court to deny the relief as requested. Respectfully submitted, Dated: J U I\ I U/ VO n 1 MANCKE, W NER, SPREHA & MCQUILLAN rz By Rich Wa er, Esquire Aft mey ID o. 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: J v ?-?-( l 2 1 2jTO ?Ul- 17 I : i a; SUBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Davis Page 2 of 3 Court of Common Pleas VS. Case Number: 04- Zimmerman 2133 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg 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: 2/4/2010 Litigation Solutions, LLC on behalf of Thomas Wimmer, Esquire of Forry Ullman - Harrisburg Attorney for the Defense CC: Thomas Wimmer, Esquire i b H urg arr s Forry Ullman - :D 2000 Linglestown Road N Suite 301 Harrisburg PA 17110 CD ?A http://rats.litsol.com/ratsevents/subpoena-records.asp?WRid=WR35050&PLid=PL367653... 2/4/2010 SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Davis Court of Common Pleas VS. Zimmerman 04-2133 Page 1 of 4 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: York Hospital Financial / Billing Shippensburg Health Services Medical Holy Spirit Hospital Medical Holy Spirit Hospital Financial / Billing Orthopaedic & Spine Specialists Medical Walnut Bottom Radiology Radiology Wellspan Imaging Medical York Hospital Medical TO: William Douglas, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Thomas Wimmer, Esquire 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. Date of Issue: 1/25/2010 CC: Thomas Wimmer, Esquire - Court of Common Pleas VVI If you have any questions regarding this matter, please contact Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Thomas Wimmer, Esquire Defense http://rats.litsol.com/ratsevents/notice_of intent. asp?save_report_to_db=X&PLid=PL3676... 1/25/2010 SUBPOENA NOTICE OF INTENT COUNSEL LISTING FOR DAVIS VS. ZIMMERMAN County of Cumberland Court of Common Pleas Counsel Firm Douglas, Esquire, William 43 West South Street P.O. Box 261 Carlisle PA 17013 c Page 3 of 4 Counsel Type Opposing Counsel http://rats.litsol.com/ratsevents/notice_of intent.asp?save_report _to_db=X&PLid=PL)676... 1/25/2010 L OL?? f'J Vi h ? r_ 4 T H t_J r PEI ?T1? S 1 `,% Ar ;? I CGU-I\TT OF CLh= L 1\J Davis 04-2133 HLE NG. vs. Zimmerman SUBPOENA TO PRO-DUCE DOCUMENTS OR THP-4GS OR DISCOVERY F-U- RS .A--NT TO R7 NE 400912 TO: Holy Spirit Hospital - Medical Records (Name of Person or Entity) \Vithiu tvp-nty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: :PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cemficate 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.iis service, the party serviag this subpoena may seek a court order compelling you to comply with it: TFIIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS:2 Ling estown oad Suite 301 Harrisburg , I/ilU TELEPHONER: 717-441-9257 SUPREME COURT i1) ? 4 ATTORNEYFOR: T)efense ---_i- BY THE COURT: Prothonotary, Civil Division Date:? c--e&jtV--2, 0 P ,,Ee1 0 r th,°„ SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (2/21/1955 to Present), including records, charts, test results reports, correspondence, office notes, and computerized records. http://rats.litsol.com/ratsevents/subpoena-rider.asp?PLid=PL' 67655&WRid=WR35050 1/25/2010 COl; '?' i C•1 ?? r_ , - T t-t O F F N I INS 'T V_-'_[•T1 COU141 Y OF CLTNOF ER A i D Davis vs. Zimmerman File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUALNT TO RUTLE 40K22 TO: Holy Spirit Hospital - Billing (Name of Person or Entity) \Vithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the foLowing documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte.r.its service, the party serving this subpoena may seek a court order compelling you to comply with it. T_IMS SUBPOENA. WAS ISSUED AT THE REQUEST OF THE FOLL DWIING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Roa Suite 301 Harrisburg PA, TELEPHONE: 717 -4 41- 9 2 5 7 SUPREME COt1R T -m# 4 5 2 9 4 ATTOPdV?iYFOR: Defense- Date:_ ` / _;W 10. BY THE COURT: Prothonotary, Civil Division ? p SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things 1/25/2010 TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Billing Department Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Complete copy of any and all itemized bills (include ICD9 & CPT codes) (2/21/1955 to Present), denials for inpatient and outpatient accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed. http://rats.litsol. con>/ratseventslsubpoena_rider.asp?PLid=PL3 67656& WRid=WR3 5050 C01\ 12,41 0irJTE: DTI-IOr rN. ,Ti COU 1 Y OFCU IDERL?l D Davis vs. Zimmerman File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS Pik THLL1",T S FOR DISCOVERY P'U--P,SU A_NT TO R LE 4009M TO: Orthopaedic & Spine Specialists (Name of Person or Entity) \Vithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or dings: :PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 witbin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply vath it. TI_-Il?S SUBPOENA WAS ISSUED AT TIC REQUEST OF 71I1E FOLL OWING PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-9257 SUPREME COURT ID # 4 5 2 9 4 ATTORNEY FOR: D e ens e BY THE COURT: Prothonotary, Civil Division Date: 7A 3.??T Seal of ibP CourL Deputy SrJBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Orthopaedic & Spine Specialists 1855 Powder Mill Road York PA 17402 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (1/2009 to Present), including records, charts, test results, reports, correspondence, office notes, and computerized records. Please be sure to include all records for Dr. Triantafyllou and Dr. Granger. http://rats.litsol.corn/ratsevents/subpoena_rider. asp?PL1d=PL367657&WRid=WR35050 1/25/2010 t 01`.;/?? ) t'- vy rr r 1 I H 0'7 P r j,T S ` - -V I L YOFCUifIFR ai-L Davis ?Lc No. vs. Zimmerman 04-2133 S?J ?O ? A TO PRODUCE DOCUMENTS O THINGS FOR DISCOVERY PURSUANT TO RUM___,E 4009= TO: Shippensburg Health Services (Name of Person or Entity) 17dithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (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 parry 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 thugs required by this subpoena within twenty (20) days after.i_ts service, the party sensing this subpoena may seek a court order compelling you to comply Vdth it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF T11-1E FOLL OWT-NG PERSON: NAME: Thomas Wimmer, Esquire -ADDRESS: 2000 Ling estown Road Suite 301 Harrisburg , TELEPHONE: 717-441-9257 SUPREME COURT TM ATTORNEYFOR: De ense Date:-?,-1Aa-',;?j Seal of h.e to u,,-, BY THE COURT: Prothonotary, Civil Division L ,LZ D? r,0 I . ?? Deputy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Shippensburg Health Services 46 Walnut Bottom Road Shippensburg PA 17257 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: **We are looking for PT Records.** Please remit: a complete copy of any and all medical records (4/2006 to Present), including records, charts, test results, reports, correspondence, office notes, and computerized records. httD://rats.Iitsol.com/ratsevents/subpoena rider.asp?PLid=PL367654&WRid=WR35050 1/25/2010 C0-UI i Y O4 CTJr,?MRER 7-1, r 1'-iD Davis vs. Zimmerman Pile N0. SUBPOENA TO PRODUCE DOC UMMENTS OR TH1-TiCS FOR DISCOVER PTURSUA-241P TO RULE 400912 TO.- Walnut Bottom Radiology (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the tour to produce the_ following documents or things: ,PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce t in.os requested by this subpoena, together with the cera icate. 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 serviag this subpoena may seek a court order compelling you to comply with it: T_ITUS SUBPOENA WAS ISSUED AT THE REQUEST OF TI-1E FOLLOWING PERSON: NAl M: Thomas Wimmer, Esquire ADDRESS: 2000 Ling estown oa Suite 301 Harrisburg , TELEPHONE: 717-441-9257 STJpREIvLF COURT ID ATTOR-NEYFOR: Defense Date: ',JC'IA-).? Sealnf he riuit BY THE COURT: Prothonotary, Civil Division P 5M2/z.0-'?.g Deputy 04-2133 SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Walnut Bottom Radiology 850 Walnut Bottom Road Suite 203 Carlisle PA 17013 Attention: Radiology Films Library Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Requested Items: Please remit: Copies from 4/14/2003 Cervical x-rays and MRI studies. Page 1 of I http://rats.11tsol.com/ratseventsis _rider.asp?PLid=PL367658&WRid=WR35050 1/25/2010 1.0I:Q01- 1-T?NAL11 TE-s i.-.1L' U?Tfl` OF C1Jf?t?? I Al" Davis v5. Zimmerman F Le No. 04-2133 S?? U? Rl,4A TO PROS JCE DOCUT-? TLS Id GS R -H OR DISCOVER' PTJ-RS A-NA TO R sJLE 4009:22 TO: Wellspan Imaging (Name of Person or Entity) \Vithia twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or TbIngs: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it: T_LIIS SUBPOENA WAS ISSUED A T THE REQUEST OF THE FOLLOWING PERSON: NAtNM: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 1711 TELEPHONE: 717-441-9257 SUPREW- COURT ID x 4 5 2 9 4 ATTOP. NEY FOR: Defense t Date: ? , _ - f? Seal Of LF C0 1. BY T dE COURT: Prothonotary, Civil Division D epuiy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Wellspan Imaging 2064 Springwood Road York PA 17403 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#: 8607 Date of Birth: 2/21/1955 Requested Items: Please remit: copis of the 5/17/2008 Cervical MRI and 8/5/2008 Right Andle MRI. Page 1 of 1 http://rats.litsol.com/ratsevents/subpoena_rider.asp?PLid=PL367661 &WRid=WR35050 1/25/2010 Ol:nsr20?=? w r:`?' T H E F. PE?`titU S °v T F_ GOURTTy OF CUfsDER-71-AND Davis vs. Zimmerman 04-2133 ?' lc NG. SUBPOENA TO 1PRODUCE DOCUMENTS 0K'_1'THLNqGS FOR DISCOVERY P1JRS'UA_NT TO RULE 400912 TD: York Hospital - Medical Records (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: ,PLEASE SEE.ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (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 thmgs sought. If you fail to produce the documents or things required by this subpoena wifhin twenty (20) days afier.its service, the party serving this subpoena may*seek a court order compelling you to comply with it: TIMS SUBPOENA WAS ISSUED AT THE REQUEST OF TPL FOLLOWING PERSON: NAlvlE: Thomas Wimmer, Esquire ADDRESS: 2000 Linglestown Road Suite 301 Harrisburg PA, 1711 TELEPHONE: 717-441-9257 SUPREM-E COURT ID = 4 5 2 9 4 ATTOPNE Y FOR.: D P r e n s e Date: 2-0-LO) BY THE COURT: Prothonotary, Civil Division Depu-y SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: York Hospital 1001 South George Street York PA 17405 Attention: Medical Records Correspondence Subject: Davis, Deborah A. SS#:8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all medical records (8/2005-11/2005), including records, charts, test results, reports, correspondence, office notes, and computerized records. http://rats.Iitsol.coiiVratsevents/subpoena-rider.asp?PLid=PL367652&WRid=WR3 5050 1/25/2010 0M2,/O'11'v?r. E 'E F 0-F F COURN 71 Y OF CU1v 1: B ERL_A' -717 Davis vs. Zimmerman 04-2133 Fi_e No. SUBPOENA TO PROI JCE DOC UI`NT S OR THINGS FOR DISCOVER PURSUANT TO RULE 400912 TO: York Hospital - Billing (lgarne 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: :PLEASE SEE-ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (_kddress) 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 v ith it. TIUS SUBPOENA WAS ISSUED AT THE REQUEST OF 1714-P FOLL OWLNG PERSON: NAME: Thomas Wimmer, Esquire ADDRESS: 2000 Linctlestown Road Suite 301 Harrisburg PA, 17110 TELEPHONE: 717-441-92-57 SUPRENL COURT M# 4 5 2 9 4 ATTORNEYFOR: Defense Date_. J--._2-01-0 Seal of }te CcSn-t BY THE COURT: Prothonotary, Civil Division ??,? Dom. c.• ?Ci i? ?- D epuiy SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: York Hospital 1001 South George Street York PA 17405 Attention: Billing Department Subject: Davis, Deborah A. SS# : 8607 Date of Birth: 2/21/1955 Page 1 of 1 Requested Items: Complete copy of any and all itemized bills (include ICD9 & CPT codes) (8/2005-11/2005), denials for inpatient and outpatient accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed. http://rats.litsol.com/ratsevents/subpoena_rlder.asp?PLid=PL367653& WRid=WR35050 1/25/2010 F~~~o-a~F~c~ or ~~~ ~ ~~~~~~o~c~rA~-~~ 2010 GCS 25 ~~~~ 12~ 4~ FORRY ULLMAN James R. Forry, Esquire Attorney I. D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com CUi~~,~~~iL.r;o~~ C~U~~T~' T'~~rJ'I'Ll~'A~~f~ Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant :JURY TRIAL DEMANDED DEFENDANT, JEANNETTE ZIMMERMAN'S, MOTION TO COMPEL PLAINTIFF, nF,RnRAH A. DAVTS', CnMPi.iANCF. PiJRSiJANT Tn PF,NNSYi.VANTA R.C.P. 4019 Pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant, Jeannette Zimmerman, respectfully moves this Court for an Order directing Plaintiff to provide full and complete answers to Defendant's Expert as grounds therefore stated as follows: 1. On March 30, 2007, an Order was entered on this docket with regard to another Discovery Motion that was filed on March 19, 2007. At that time, the Honorable M. L. Ebert, Jr. was assigned to the above captioned matter. 2. On or about September 15, 2010, Defendant served on counsel for Plaintiff Expert Interrogatories, including a transmittal letter. A copy of the transmittal letter is attached hereto as Exhibit "A". 3. Plaintiff failed to respond to the said discovery requests in accordance with the Pennsylvania Rules of Civil Procedure. 4. Defendant's counsel contacted Plaintiff's counsel via telephone on October 19, 2010 and spoke to a member of his staff and informed her that Plaintiff s response to Expert Interrogatories were overdue and I would file a Motion to Compel if Plaintiff's counsel did not respond to Defendant's Expert Interrogatories. As of October 25, 2010, Defendant's counsel has not received a response from Plaintiff's counsel or Plaintiff's answers to Defendant's Expert Interrogatories. 5. The information sought through Defendant's Expert Interrogatories is both relevant and material to Defendant's preparation of a full and proper defense of this matter, and Defendant will be prejudiced if full and complete answers to those discovery requests are not provided prior to scheduling a defense medical expert and thereafter certifying this case as ready for trial. WHEREFORE, Defendant prays this Honorable Court, enter an Order requiring Plaintiff, Deborah A. Davis, to provide full and complete answers to Defendant's Expert Interrogatories, or in the alternative, Plaintiff will provide Plaintiff s Expert's Narrative report(s) and Curriculum Vitae(s) herein within thirty (30) days of the date of the Order in accordance with Pa. R. C. P. 4003.5(a)(1)(a)(b). Respectfully submitted, FORRY~IJLLMAN ~ BY: Date:I~ ~(~ a;~ ~// 2000 Lingiestown Road I Suite 301 (Harrisburg PA 17110 PH 717:441.9257 I rx 717.441.0814 ForrylUllman Attorneys at Low September 15, 2010 William P. Douglas, Esquire DOUGLAS LAW OFFICE 43 West South Street Carlisle, PA 17013-3432 Re: Davis v. Zimmerman Our File No. 2021290 Dear Mr. Douglas: JAMES R. FORRY, ESQUIRE VOICE MAIL EXTENSION: 102 E-MAIL: jrforry@forryullman.com Enclosed for service please find Defendant Zimmerman's Expert Interrogatories addressed to Plaintiff. Please respond in the manner and within the time provided by the Rules of Civil Procedure. Very truly yours, S R. FORRY JRF/mbw enclosures Philadelphia King of Prussia Reading Bethlehem Scranton Harrisburg www.forryullman.com FORRY ULLMAN James R. Forry, Esquire Attorney I. D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant :JURY TRIAL DEMANDED DEFENDANT'S BRIEF IN SUPPORT OF ITS M()TinN Tn (''(IMPF,T, ('.nMPT,iANC'F I. STATF,MF.NT nF THF, CASF. The Plaintiff has commenced this action seeking damages for alleged personal injuries as a result of motor vehicle accident that occurred on August 5, 2002. The Defendant, Jeannette Zimmerman, was traveling behind the vehicle operated by Deborah A. Davis at the U.S. 11 and U.S. 15 ramp in Camp Hill, PA when Defendant struck the reaz of the Davis vehicle. Plaintiff is claiming headache, neck and arm pain as a result of this accident. Defendant hereby incorporates by reference the allegations in their Motion to Compel as though more fully set forth at length herein. II. (~iTT;STinNS PRF.SF.NTF.n IS DEFENDANT ENTITLED TO AN ORDER COMPELLING COMPLETE ANSWERS TO DEFENDANT'S EXPERT INTERROGATORIES IN ACCORDANCE WITH PA. R. C. P. 4003.5 (a)(1)(a)(b)? Suggested answer: Yes. III. AR(':iTMF,NT Pennsylvania Rule of Civil Procedure 4003.5(a)(1)(a)(b) provides: (a) Discovery of facts know and opinions held by an expert, otherwise discoverable under the provisions of Rule 4003.1 and acquired or developed in anticipation of litigation or for trial, maybe obtained as follows: (1) A party may through interrogatories require (a) any other party to identify each person whom the other party expects to call as an expert witness at trial an to state the subject matter on which the expert is expected to testify and (b) the other party to have each expert so identified state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. The party answering the interrogatories may file as his or her answer a report of the expert or have the interrogatories answered by the expert. The answer or sepazate report shall be signed by the expert. Pennsylvania Rule of Civil Procedure 4019 governs the imposition of sanctions for failure to provide discovery. The purpose of Rule 4019 is to insure compliance with proper Orders of the Court, and adequate and prompt discovery of matters allowed by the Rules of Civil Procedure. T)nnn v_ Maislin Tran~nnrt T.tc~_, 456 A.2d 632 (1983). It is within the discretion of the trial court as to what specific sanctions should be imposed. Pmm~a~~narki, 281 A.2d 886 (1971). In formulating an appropriate Sanction Order the court is "required to strike a balance between the procedural need to move the case to prompt disposition and the substantive rights of the parties." Marshall v_ Snnthe~Stern Pa_ Tran~.nnrt AnthnritT, 463 A.2d 1215, 1216 (Pa. Cmwlth. 1983), citing ("T~n~al s v_ Prncaccin Rr~therc Tn~cking Cn_~T, 407 A.2d 1338 (Pa. Super. 1979). Plaintiff has failed to provide any response to Defendant's Expert Interrogatories. The information requested is both relevant and necessary to put forth a defense, therefore, the appropriate sanction at this time is for an Order compelling Plaintiff to provide responses to said discovery or in the alternative provide Plaintiff's Expert's Narrative Report(s) and Curriculum Vitae(s) within thirty (30) days in accordance with Pa. R. C. P. 4003.5(a)(1)(a)(b). IV. CnNCi,iTSinN Defendant respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide full and complete answers to Defendant's Expert Interrogatories, or in the alternative, Plaintiff will provide Plaintiff s Expert's Narrative report(s) and Curriculum Vitae(s) herein within thirty (30) days of the date of the Order in accordance with Pa. R. C. P. 4003.5(a)(1)(a)(b). FORRY ULLMAN BY: `i`- Date: ro ~'~(O J ES . FORRY, E~ A rnev or Defendant FORRY ULLMAN James R. Forry, Esquire Attorney I. D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com DEBORAH A. DAVIS, Plaintiff v. JEANNETTE ZIMMERMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED I, James R. Forry, Esquire, of FORRY ULLMAN, hereby certify that a copy of the foregoing Defendant's Motion to Compel Compliance and Brief in Support of Defendant's Motion to Compel Compliance, was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. BY: J ES .FORRY,ESQ A me for Defendant Date: t6rdS j ( ~ F1L.E~-OFFICE ,. OF TAE T~-1~~3~T~R ZOI~J ~~r i 26 ~a°~ l2: ~~ FORRY ULLMAN James R. Forty, Esquire Attorney I. D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@forryullman.com DEBORAH A. DAVIS, Plaintiff CU~1~~.~L.~~s~ir ~U~~lT~' ~E~a~~SYL~AcdIA Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. JEANNETTE ZIMMERMAN, Defendant N0.04-2133 CIVIL TERM JURY TRIAL DEMANDED Pursuant to Cumberland County Rule 208.3(a)(6), I hereby certify that the following are the parties to be served with the Order and accompanying Motion to Compel Compliance: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 James R. Forr, Esquire Forty Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 BY: E R. FORRY, ES Date: ~pla pica Atto for Defendant i • ~- DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA n • C r,,, o o ~ m ~?~ Z ~ ~ o ' r ,, JEANNETTE ZIMMERMAN, u ~ ~o DEFENDANT NO. 04-2133 CIVIL ~~ - °,o D~ a o~ ORDER OF COURT D°c o ~m = upon consideration of Def~dal~i't AND NOW this 1St day of November 2010 y. ~ , , , , Jeannette Zimmerman's Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before November 22, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Any depositions needed for this matter shall be completed by December 20, 2010; 5. A hearing/argument on the matter will be held on Wednesday, January 5, 2011, at 3:30 p. m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. William P. Douglas, Esquire Attorney for Plaintiff By the Court, ~~ M. L. Ebert, Jr., J. r /James R. Forty, Esquire Attorney for Defendant bas ~I j ~'£~S m''~,4 1 ~ !!l~ ~~ `.._ FORRY ULLMAN James R. Forry, Esquire Attorney I. D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 E-mail: jrforry@fonyullman.com FILED-OFFICE 2011 JAN -5 PM 3: 57 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant 0CT 2 7 2D10 DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED AND NOW, this day of ,.,ADO, upon consideration of Defendant's Motion to Compel Compliance, it is hereby ORDERED that Plaintiff, Deborah A. Davis, provide full and complete answers to Defendant's Expert Interrogatories, or in the alternative, Plaintiff will provide Plaintiff s Expert's Narrative report(s) and Curriculum Vitae(s) no later than thirty (30) days from the date of this order in accordance with Pa. R. C. P. 4003.5(a)(1)(a)(b) or suffer the entry of appropriate sanctions upon further application to this Court. V 1104 L William Dou 10.6,&q BY THE COURT: J. FORRY ULLMAN BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street PO Box 542 Reading, PA 19603 (610) 568-1404 j rforry@forryul lman. com 2f11! ?R -3 ?a? 11 ? c9 UR ? ?. pE??S DEBORAH A. DAVIS, Plaintiff V. JEANNETTE ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 04-2133 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS Kindly change the address of the undersigned counsel to: James R. Forry, Esquire FORRY ULLMAN, PC 540 Court Street PO Box 542 Reading, PA 19603 as the place where papers, process and notices may be served. By: Dated: DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, being duly sworn according to law, deposes and says that I have forwarded my Praecipe for Change of Address, by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: William P. Douglas, Esquire DOUGLAS LAW OFFICE 43 West South Street Carlisle, PA 17013-3432 Date: By: FORRY ULLMAN JHONGTt?ki SED PM 1: ',UMSERLANID COU,N,T`' PENNSYLVANIA FORRY ULLMAN BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street PO Box 542 Reading, PA 19603 (610) 568-1404 'rfo ,forryullman.com DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my Appearance on behalf of JEANNETTE ZIMMERMAN, in the above-captioned case. FORRY ULLMAN By: JA R. FORRY, E QUI Date: \ ? PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: KINDLY enter my appearance on behalf of Defendant, JEANNETTE ZIMMERMAN, in the above matter. FORRY ULLMAN, P.C. BY: "7 , ,ti? Rand?(`T. Burch, Esquire Attorney I.D. No. 59567 540 Court Street P.O. Box 542 Reading, PA 19603 T: (610) 777 - 5700; F: (610) 777 - 2499 rburch@forryullman.com FORRY ULLMAN BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street PO Box 542 Reading, PA 19603 (610) 568-1404 irforryaforryullman.com DEBORAH A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. JEANNETTE ZIMMERMAN, Defendant NO. 04-2133 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the Praecipe for Withdrawal and Entry of Appearance, and this Certificate were served upon Plaintiff s counsel this date via U.S. first class mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 FORRY ULLMAN By: ('_? M R. FORRY, E UI Date: ??? \\ I ` ..' [LED OFFICE ,r H' PROTHONOTARY CERTIFICATE 7012 JAN _S AEA 11; 08 PREREQUISITE TO SERVICE OF A SU$) {BLAND COUNTY PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH A. DAVIS vs. JEANNETTE ZIMMERMAN Court of Common Pleas - Cumberland County, PA TERM: / / CASE No: 04-2133 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of RANDY BURCH Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 12/29/2011 RecordTrak on behalf of /S/ RANDY BURCH Attorney for Defendant RT#: 230539 RECORDS PERTAIN TO: DEBORAH A. DAVIS DEBORAH A. DAVIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / JEANNETTE ZIMMERMAN DOCKET: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: WILLIAM DOUGLAS DOUGLAS, DOUGLAS & DOUGLAS 43 WEST SOUTH STREET PO BOX 261 CARLISLE, PA 17013 (717) 243-8955 December 9, 2011 Please take notice that on behalf of RANDY BURCH, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until December 29, 2011 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY December 29, 2011 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 REcoRDTRAX 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN MATERIALS BEING OBTAINED 3 VALLEY FAMILY CARE 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE.************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS. ****************INCLUDING, BUT NOT LIMITED TO, RECORDS OM VALLEY MEDICAL GROUP*** 4 GRAHAM MEDICAL 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND CLINIC HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE P,ECORDS.************** DEBORAH A. DAVIS vs. JEANNETTE ZIMMERMAN KEYSTONE HEALTH COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 04-2133 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, UESTIONNAIRESIMSTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE.******** ****PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE P,ECORDS.************** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiffs Counsel: FIRM: EMAIL: Date: Page 2 To: VALLEY FAMILY CARE REcoRDTRAK 411 S FAYETTE ST 651 Allendale Road P. O. Box 61591 CD I iONWEALTHOF PENNSYLVANfA9 of Prussia, PA 19406 COUNTY OF CUMBERLAND Deborah A. Davis V Jeannette Zimmerman File No. 04-2133 at RecordTrak. 051 Alljod-ale Rd. PO ¢ax 61591, Kim of Prussia, PA 19408. 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 snaking this request at the address listed above. You may have the right to seek In advance the reasonable cost of preparing copies or producing the things sought if you fall 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: RecordTrak Randy T. Burch, Esa. Address: 651 Aiten ale Rd. PO Box 61591 King of Prussia, PA 19406 Telephone: 840.801-7620 Supreme Court ID# Attorney for: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division DATE: I S l oft a court Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things; RE: DEBORAH A. DAVIS vs. JEANNETTE ZIMAIERMAN CASE NO. 04-2133 RECORDTRAK FILE #: 230539; TAG 3 LOCATION: VALLEY FAMILY CARE RECORDS PERTAIN TO: DEBORAH A. DAVIS SS #: 164-34-1693, DOB: 02/21/1955 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. * * * * * * * * * * * * * * * *INCLUDING, BUT NOT LIMITED TO, RECORDS FROM VALLEY MEDICAL GROUP*** To: GRAHAM MEDICAL CLINIC 100 S. HIGH STREET NEWVILLE, PA 17241 REco"TRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deborah A. Davis V File No. 04-2133 Jeannette Zimmerman TO: G-rahaftl I?i1C (dame oec 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: at RgpordTrtlk. 651 Allendale Rd, PO IBox S1'581. Kim of E?Wssia. PA 1940 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 may have the right to seek In advance the reasonable cost of preparing 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: RecordTra& Randy T. ur 3 Em, Address: 651 Aitendale Rd, PO lax 61591 King of Prussia. PA 19406 Telephone: 800-801-7620 BY THE COURT: Supreme Court ID# Attorney for, Defendant ProthonotarylClerk, Civil Division DATE: i' Se I of a Court RE: DEBORAH A. DAVIS vs. JEANNETTE ZIM IERMAN CASE NO. 04-2133 RECORDTRAK FILE #: 230539; TAG 4 LOCATION: GRAHAM MEDICAL CLINIC RECORDS PERTAIN TO: DEBORAH A. DAVIS SS #: 164-34-1693, DOB: 02/21/1955 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/MSTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** To: KEYSTONE HEALTH RECORDTRAK 757 NORLAND AVE 651 Allendale Road STE 200 P. O. Box 61591 CHAMBERSBURG, PA 17201 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deborah A. Davis v File No. 04-2133 Jeannette Zimmerman SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURjgMT TO RULE 4009.22 TO-' KEYSTONE HEALTH fl4nnnjN . Poison or Eotlty) Within twenty (20) days after service of this subpoena. you are ordered by the Court to produce the following documents or firings: at Recorffrak 651 A! Md& IN4 box 59691 Kina of Pnissia ?A 18448 You may deliver or mail legible oopiea of the documoMs or produce things requested by this subpoena, together with the certificate of compliance, to the party masking this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the dooutnents or things required by this subpoena within twenty (20) days after Its service, the party serving this subpoena may seek * court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Names RecordTrak. Randy T. Burch, , '1 Address: 6,51 Allendale Rd, PO Box.. l?q of Prussia, RA 184Qk Telephone: 800-801-78 Supreme Court 10# Attorney for: Defendant DATE: Ss l of too court BY THE COURT: Prothonotary/Clark, Civil Division RE: DEBORAH A. DAVIS vs. JEANNETTE ZIMN ERMAN CASE NO. 04-2133 RECORDTRAK FILE #: 230539; TAG 5 LOCATION: KEYSTONE HEALTH RECORDS PERTAIN TO: DEBORAH A. DAVIS SS #: 164-34-1693, DOB: 02(21/1955 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRESMSTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET-PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DEBORAH A. DAVIS vs. JEANNETTE ZIMMERMAN C-) Court of Common Pleas - Cumberland Coin, PN ca T-1- TERM. / / - CASE No: 04-2133% ?> tT? f . ,mss As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of RANDY BURCH Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 04/11/2012 fi ..; r ..?. ?;3y C-D RecordTrak on behalf of /S/ RANDY BURCH Attorney for Defendant RT#: 230539 RECORDS PERTAIN TO: DEBORAH A. DAVIS DEBORAH A. DAVIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / JEANNETTE ZIMMERMAN DOCKET: 04-2133 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: WILLIAM DOUGLAS DOUGLAS, DOUGLAS & DOUGLAS 43 WEST SOUTH STREET PO BOX 261 CARLISLE, PA 17013 (717) 243-8955 March 22, 2012 Please take notice that on behalf of RANDYBURCH, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until April 11, 2012 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY April 11, 2012 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN I MATERIALS BEING OBTAINED _ APPALACHIAN THOPEDIC CENTER ALL BILLING RECORDS IN YOUR POSSESSION DATED 2004 TO 2012 4LY.2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE FICE AND HAND WRITTEN NOTES, TEST RESULTS, )RRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED i'OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS FORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED ;CORDS AND ALL RECORDS LOCATED IN STORAGE.3. ALL X-RAYS, RI SCANS, CT SCANS AND CORRESPONDING REPORTS. "PLEASE CLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE )R EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING RTES OF STUDY PRIOR TO COPYING." Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: DEBORAH A. DAVIS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: JEANNETTE ZIMMERMAN : DOCKET: 04-2133 YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 To. APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DRIVE CARLISLE, PA 17015 REcoRDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deborah A. Davis V Jeannette Zimmerman File No. 04-2133 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce th following documents or things: at RecardTrak. 691 Allendale Rd,. PO Box 61591, Kina of Prussla, PA 19406. 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 liste d above. You may have the right to seek in advance the reasonable cost of preparing copies or producing t ie things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days ate 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: Narne: ReoordTrak, Randy T, Burch, Esq. Address: 651 Allendale Rd PO Box 51591 King of Prussia, PA 19405 Telephone: 800-801-7620 Supreme Court ID# Attorney for: Defendant BY THE COURT: AL" Pro onotary/C erk, Civil Division DATE: at Seal of the Court RE: DEBORAH A. DAVIS vs. JEANNETTE ZIMMERMAN CASE NO. 04-2133 RECORDTRAK FILE #: 230539; TAG 6 LOCATION: APPALACHIAN ORTHOPEDIC CENTER RECORDS PERTAIN TO: DEBORAH A. DAVIS SS #: 164-34-1693, DOB: 02/21/1955 1. ALL BILLING RECORDS IN YOUR POSSESSION DATED 2004 TO 2012 ONLY.2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. "PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING." ~/~ i V i PRAECIPE FOR LISTING CASE FOR TRIAL ~~ ~ ~~` P~Q ~Q~d~Ai~ v (Must be typewritten and submitted in triplicate) ~~~ ~~~ ~~ ~M ~; 52 TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~'Q~~~~-~N CO~j~J~'Y Please list the following case: ~~HNS ~ ~H~A X^ for JURY trial at the next term of civil court. ^ for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) X^ Civil Action -Law Deborah A. Davis ^ Appeal from arbitration (other) (Plaintiff) vs. The trial list will be called on 10/09/2012 Jeannette Zimmerman and 10/30/2012 Trials commence on 11/26/20/12 (Defendant) Pretrials will be held on 11 /14/12 vs. (Briefs are due 5 days before pretrials No. 04-2133 Civil Terre Indicate the attorney who will try case for the party who files this praecipe: Randy T. Burch, Esquire Indicate trial counsel for other parties if known: William P. Douglas, Esquire This case is ready for trial. Date: ~ ~~ Z Signed: ~~ ~ ~` ~^^~ Print Name: Randy .Burch, Esquire Attorney for: Defendant Q~}ea~.~ 3d aN~ C'~`~ ~ ~ 579 ~a FORRY ULLMAN Randy T. Burch, Esquire Attorney I. D. No. 59567 540 Court Street Reading, PA 196.3 Telephone: (610) 777-5700 Fax: (610) 777-2499 E-mail: rburch@forryulhnan.com Attorneys for Defendant DEBORAH A. DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant :JURY TRIAL DEMANDED I, Randy T. Burch, Esquire, of FORRY ULLMAN, hereby certify that a copy of foregoing Praecipe for Listing Case for Trial, was mailed to counsel by first-class United mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S Section 1408 relating to falsification to authorities. BY: ~ ___. RAND. T. BURCH, ESQUIRE Attorney for Defendant Date: ~ / ~ "7 / f 'li DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW JEANETTE ZIMMERMAN, Defendant 04-2133 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 6th day of November, 2012, upon representation of Randy T. Burch, Esquire, that the parties have agreed to strike this matter from the list, No. 3 is hereby stricken from the trial list. By the Court, ~~~i~-- Christ ee L. Peck, J. C A ~ /'William P. Douglas, Esquire '~~ x = For the Plaintiff z~ ~ ~ Randy T . Burch, Esquire -~~'' ~ °o For the Defendant ~h = o-~n Pcb / ZQ ~~ ~ a ~ ~ ~ ~G ~ . . _~ FORRY IJLLMAN -- ° ' ~ ~'~ `~ ~"~ ~ ` ~ Attorney for Defendant By: Randy T. Burch Esquire Attorney I.D. No. 59567 ';~ tJ ~ i #~t~ ~ ~ ~~~ ~ . ~ ~. 540 Court Street; P.O. Box 542 ~~i i~~ ~i~ ~iti~ ~~,~~`' Reading, PA 19603 ,-,m t°~SY~.VANIA (610) 777-5700 ~~ DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.04-2133 CIVIL TERM JEANNETTE ZIlVIMERMAN, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Randy T. Burch, Esquire, counsel for the defendant in the above action, respectfully represents that: The above captioned action is at issue. 2. The claim of plaintiff in the action is not in excess of the jurisdictional limit. Defendant has no counter-claim. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William P. Douglas, Esquire, Douglas Law Office, 27 W. High Street, Carlisle, PA Randy T. Burch, Esquire, Forry Ullman, 540 Court Street, Reading, PA WHEREFORE, your petitioner prays you Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, FQ~~Y ULL~y~N BY: /~C RAND . BURCH, ESQUIRE Attorney for Defendant .~ ~ o'ff' ~(d 4 ORDER OF COURT C~~ ~ ~q~ ~~a$3~~~ AND NOW, , 2012, in consider of the foregoing petition, ,Esq., and ,Esq., and ,Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Kevin P. Hess, P.J. FORRY ULLMAN Randy T. Burch, Esquire Attorney I. D. No. 59567 540 Court Street Reading, PA 196.3 Telephone: (610) 777-5700 Fax: (610) 777-2499 E-mail: rburch@forryullman.com DEBORAH A. DAVIS, Plaintiff v. JEANNETTE ZIMMERMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.04-2133 CIVIL TERM JURY TRIAL DEMANDED I, Randy T. Burch, Esquire, of FORRY ULLMAN, hereby certify that a copy of the foregoing Peitition for Appointment of Arbitrators, was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. BY: ~~ ~~ RANDY T. BURCH, ESQ Attorney for Defendant Date: ~~~/ ~ ~ / Z DEBORAH A. DAVIS In the Court of Common Pleas of Cumberland JEANNETTE ZIMMERMAN Plaintiff County, Pennsylvania No. 04 -2133 Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will suppo , obey nd defend the Constitution jv� d es and the Constitution of this Commonwealth an wi di a4thd ies of our oelity. Sighature urKIA ig natu J. GREGORY HAMM C VV LL ANDRE ISEMANN Name(Chairman) Name Name CARRUCOLI & ASSOC CAPOZZI ADLER Law Firm Law Firm Law Firm P.O. BOX 8300 875 MARKET ST. ST 200 1200 CAMP HILL BYPASS Address Address Address CAMP HILL 17001-8300 LEMOYNE 17043 CAMP HILL 17011 City, Zip City, Zip 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.) 1.OR O�F�NOF�rf PLAwTiFf- ptp NOT AWAX Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 09/19/2013 Date of Award: 9!�$��3 (Chairman) Notice of Entry of Awar Now, the�day of - , 20 13 , at A�9•'%a I M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ �� S� By- Prothonotary & Deputy f HE i,i 3 SEP 19 AM iQ= 12 CUMBERLAND CGUNTY PENNSYLVANIA itd y � FORRY ULLMAN tw 13 OCT 30 M 1: 7 BY: RANDY T. BURCH, ESQUIRE CUMBERLAND COUNTY Attorney I.D. No. 59567 PENNSYLVANIA 540 Court Street; P.O. Box 542 Reading, PA 19603 610-777-5700 rburchgforryullman.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW NO. 04-2133 JEANNETTE ZIMMERMAN, Defendant ARBITRATION MATTER PRAECIPE FOR ENTRY OF JUDGMENT UPON AWARD OF ARBITRATORS TO THE PROTHONOTARY: Kindly enter Judgment upon the Award of Arbitrators entered on September 19, 2013, in favor of Defendant and against Plaintiff in the above-captioned matter. FORRY ULLMAN Date: October 23, 2013 By: �< RANDY//F. BURCH, ESQUIRE Attorneys for Defendant C 45" :9ggSS3 lv� ll ma. �e'V FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street; P.O. Box 542 Reading, PA 19603 610-777-5700 rburchgforryullman.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 04-2133 JEANNETTE ZIMMERMAN, : Defendant ARBITRATION MATTER RULE 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTY w Date: 3 FORRY ULLMAN BY: RANDY T. BURCH, ESQUIRE Attorney I.D. No. 59567 540 Court Street; P.O. Box 542 Reading, PA 19603 610-777-5700 rburchgforryullman.com Attorneys for Defendant DEBORAH A. DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 04-2133 CIVIL TERM JEANNETTE ZIMMERMAN, Defendant ARBITRATION MATTER CERTIFICATE OF SERVICE I, RANDY T. BURCH, ESQUIRE, and FORRY ULLMAN, hereby certify that a copy of the Praecipe for Entry of Judgment upon Award of Arbitrators entered on September 19, 2013, was mailed by first-class mail,addressed as follows: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle,PA 17013-0261 FORRY ULLMAN Date: October 23, 2013 By: RAND T. BURCH, ESQUIRE