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HomeMy WebLinkAbout09-4368L. ? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS . 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: 43108 C?vi I Term ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN . 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. PRAECIPE FOR THE ISSUANCE OF A WRIT OF SUMMONS To: Prothonotary Plaintiffs, by counsel, Bradley J. Reed and Britt • Reed Law Offices, requests the issuance of a Writ of Summons to the Defendant, RYAN MCGOWAN, to be forward to the Sheriffs Office for service of process. BRITT - REED LAW OFFICES By Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone:(301)791-6000 0 QF THE P2809 JUN 29 PM 2: 17 PENNSY tfMII.A 4178.50 Po AIT-1 W,* i o5a4 277 oUl .3 5,;? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. NOTICE TO: RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 19036 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You A I I* 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. . a OF 2009 JUN 2 PH 2: 17 CUM ?., ?;.., IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS : 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: 4308 Cwi lTem ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN : 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. NOTICE TO PLEAD TO: RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 19036 You are hereby notified to plead to the enclosed Complaint within twenty (20) days from service hereof or default judgment may be entered against you. BRITT • REED LAW OFFICES By: 3 > cz- Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301)791-6000 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL BRITT - REED LAW OFFICES By Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301)791-6000 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL Terry W. Rogers, Arlene J. Rogers, and Rosemary L. Livingood, Plaintiffs, by their attorneys, Bradley J. Reed and Britt • Reed Law Offices, sue Ryan McGowan, Defendant, and states in support: General Allegations Parties 1. Plaintiff Terry W. Rogers ("Terry") is a resident Martinsburg, Berkeley County, West Virginia. 2. Plaintiff Arlene J. Rogers ("Arlene") is a resident of Martinsburg, Berkeley County, West Virginia. 3. Plaintiff Rosemary L. Livingood ("Rosemary") is a resident of Inwood, Berkeley County, West Virginia. 4. Defendant Ryan McGowan ("Defendant") is a resident of Glenolden, Delaware County, Pennsylvania. The Accident 5. On or about July 12, 2008, at approximately 4:14 P.M., ("the Date of the Accident") Terry was the operator of a 2006 Kia Sportage ("Plaintiffs Vehicle") eastbound on Interstate 76, also known as the Pennsylvania Turnpike, at the Carlisle Exit, No. 226, in Middlesex Township in Cumberland County, Pennsylvania ("the Accident Scene"). 6. On the Date of the Accident, Arlene and Rosemary were passengers in the Plaintiffs' Vehicle at the Accident Scene. 7. On the Date of the Accident, the Defendant was operating a 1998 Oldsmobile Cutlass ("the Defendant's Vehicle") to the rear of the Plaintiff's Vehicle at the Accident Scene. 8. Plaintiff s Vehicle was stopped at the Toll Booth in Lane 5 ofthe Carlisle Interchange when it was struck from the rear by the Defendant's Vehicle ("the Accident"). Jurisdiction and Venue 9. The Accident occurred in Cumberland County, Pennsylvania. Negligence of Defendant 10. Defendant operated the Defendant's Vehicle in such a careless, negligent, and reckless manner so as to cause the Defendant's Vehicle to strike the Plaintiffs Vehicle thereby inflicting serious injuries and damages upon Plaintiff. 11. The careless, reckless, negligent, willful, and wanton conduct ofDefendant includes, but is not limited to, the following: (a) In failing to have the Defendant's Vehicle under proper and adequate control given the circumstance; (b) In failing to maintain the Defendant's Vehicle in a proper and safe condition; (c) In failing to take proper precautions in the operation of the Defendant's Vehicle; (d) In allowing his attention to be distracted from the Accident Scene and not observing the Plaintiff s Vehicle at or near the Accident Scene; (e) In operating the Defendant's Vehicle in a careless and negligent manner without due and proper regard for the safety of Plaintiffs; (f) In violation of the laws of the Commonwealth of Pennsylvania regarding the operation of motor vehicles on public roadways, including those relating to stopping, and negligent driving; (g) In failing to make the necessary and reasonable observations; (h) In failing to observe the Plaintiff s Vehicle in time to avoid the Accident; (i) In engaging in conduct as described with reckless indifference to the health and safety to Plaintiffs; and 0) failing to stop Defendant's Vehicle in order to avoid the Accident. Count One 12. Count One incorporates by reference the General Allegations of this Complaint. 13. As a result of the careless, reckless, and/or negligent acts of Defendant, Terry suffered the following injuries and conditions: (a) cervical strain; (b) lumbar strain; (c) headaches and light headed; (d) bilateral shoulder pain; (e) left leg pain (hip pain); (f) pain and numbness into the upper extremities; (g) loss of strength, motion and endurance in the neck and back; and (h) emotional distress, anxiety, nervousness, and sleeplessness. 14. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Terry has been and will for an indefinite time in the future be required to employ the services of physicians, hospitals, nurses, and related medical professionals. 15. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Terry has suffered severe physical pain, emotional anguish, discomfort, inconvenience, and distress, and will undergo the same in the future. 16. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Terry has been compelled to expend various and diverse sums of money for medicine, medical care, psychological care, and treatment. Such sums were expended in an attempt to cure and rehabilitate Plaintiff for his injuries. Terry will be obligated to expend additional sums in the future for his care and treatment. 17. By reason of the carelessness, recklessness, and negligence of Defendant, Terry underwent the following types of medical treatment, including but not limited to: hospitalization; diagnostic; therapy; and received prescriptions. 18. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Terry will still undergo future medical treatment including but not limited to, periodic follow up care associated with his injuries. 19. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Terry has sustained a loss of income and earning capacity. 20. By reason of the carelessness, recklessness, and negligence of Defendant, Terry is unable to follow his usual daily duties and will be unable to follow the same for an indefinite time in the future. 21. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Terry has lost and continues to lose his ability to enjoy the pleasures of everyday life and has suffered and will continue to suffer pain, suffering, annoyance, inconvenience, humiliation, agitation, loss of strength; loss of endurance; loss of flexibility; and loss of range of motion. WHEREFORE, Terry hereby demands judgement in his favor and against Defendant, in an amount in excess of Fifty Thousand Dollars ($50,000.00), for compensatory damages, costs, attorney's fees, pre judgment interest, and post judgment interest. Count Two 22. Count Two incorporates by reference the General Allegations of this Complaint. 23. As a result of the careless, reckless, and/or negligent acts of Defendant, Arlene suffered the following injuries and conditions: (a) head trauma, head aches, vertigo, and dizziness; (b) mouth, teeth and facial trauma; (c) pain and ringing in the left ear; (d) neck strain and pain, and whiplash; (e) back strain and pain; (f) pain in the right hip and bilateral hip contusions; (g) aggravation of hip replacement surgery; (h) pain, discomfort, loss of strength, loss of range of motion; loss of endurance; and loss of flexibility with regard to the head, neck and back; and (f) emotional distress, anxiety, nervousness, and sleeplessness. 24. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Arlene has been and will for an indefinite time in the future be required to employ the services of physicians, hospitals, nurses, and related medical professionals. 25. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Arlene has suffered severe physical pain, emotional anguish, discomfort, inconvenience, and distress, and will undergo the same in the future. 26. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Arlene has been compelled to expend various and diverse sums of money for medicine, medical care, psychological care, and treatment. Such sums were expended in an attempt to cure and rehabilitate Plaintiff for his injuries. Arlene will be obligated to expend additional sums in the future for her care and treatment. 27. By reason of the carelessness, recklessness, and negligence of Defendant, Arlene underwent the following types of medical treatment, including but not limited to: hospitalization; diagnostic; therapy; and received prescriptions. 28. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Arlene will still undergo future medical treatment including but not limited to, periodic follow up care associated with his injuries. 29. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Arlene has sustained a loss of income and earning capacity. 30. By reason of the carelessness, recklessness, and negligence of Defendant, Arlene is unable to follow her usual daily duties and will be unable to follow the same for an indefinite time in the future. 31. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Arlene has lost and continues to lose her ability to enjoy the pleasures of everyday life and has suffered and will continue to suffer pain, suffering, annoyance, inconvenience, humiliation, agitation, loss of strength; loss of endurance; loss of flexibility; and loss of range of motion. WHEREFORE, Arlene hereby demands judgement in her favor and against Defendant, in an amount in excess ofFifty Thousand Dollars ($50,000.00), for compensatory damages, costs, attorney's fees, pre judgment interest, and post judgment interest. Count Three 32. Count Three incorporates by reference the General Allegations of this Complaint. 33. As a result of the careless, reckless, and/or negligent acts of Defendant, Rosemary suffered the following injuries and conditions: (a) neck strain and pain; (b) back strain and pain; (c) stiffness in the neck and back; (d) pain in the pelvis and pain radiating into lower extremities; (e) loss of strength, endurance, range of motion and flexibility in the neck and back; and (e) emotional distress, anxiety, nervousness, and sleeplessness. 34. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Rosemary has been and will for an indefinite time in the future be required to employ the services of physicians, hospitals, nurses, and related medical professionals. 35. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Rosemary has suffered severe physical pain, emotional anguish, discomfort, inconvenience, and distress, and will undergo the same in the future. 36. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Rosemary has been compelled to expend various and diverse sums of money for medicine, medical care, psychological care, and treatment. Such sums were expended in an attempt to cure and rehabilitate Plaintiff for his injuries. Rosemary will be obligated to expend additional sums in the future for her care and treatment. 37. By reason of the carelessness, recklessness, and negligence of Defendant, Rosemary underwent the following types of medical treatment, including but not limited to: hospitalization; diagnostic; therapy; and received prescriptions. 38. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Rosemary will still undergo future medical treatment including but not limited to, periodic follow up care associated with his injuries. 39. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Rosemary has sustained a loss of income and earning capacity. 40. By reason of the carelessness, recklessness, and negligence of Defendant, Rosemary is unable to follow her usual daily duties and will be unable to follow the same for an indefinite time in the future. 41. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Rosemary has lost and continues to lose her ability to enjoy the pleasures of everyday life and has suffered and will continue to suffer pain, suffering, annoyance, inconvenience, humiliation, agitation, loss of strength; loss of endurance; loss of flexibility; and loss of range of motion. WHEREFORE, Rosemary hereby demands judgement in her favor and against Defendant, in an amount in excess of Fifty Thousand Dollars ($50,000.00), for compensatory damages, costs, attorney's fees, pre judgment interest, and post judgment interest BRITT • REED LAW OFFICES By Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301)791-6000 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN , 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. DEMAND FOR JURY TRIAL Terry W. Rogers, Arlene J. Rogers, and Rosemary L. Livingood, Plaintiffs, by their attorneys, Bradley J. Reed and Britt • Reed Law Offices, demand a jury trial for all causes of action set forth in the Complaint. BRITT - REED LAW OFFICES By: R ? Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301)791-6000 VERIFICATION STATE OF v-44wA , COUNTY, TO-WIT: I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are subject to the penalties of perjury and those provisions of Pennsylvania law relating to unsworn falsification to authorities. I am authorized to execute this Verification on behalf of Plaintiff. By: Rosemary . Livingood Subscribed and sworn to before me, a Notary Public in and for the State and County aforesaid, this l34'"day of :?r v" 52009. NOTARY PUBLIC My commission expires: PUNA }NYI. L KIIFT Mrs Maws VERIFICATION STATE OF COUNTY, TO-WIT: I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are subject to the penalties of perjury and those provisions of Pennsylvania law relating to unsworn falsification to authorities. I am authorized to execute this Verification on behalf of Plaintiff. By: Terry '&. Rogers Subscribed and sworn to before me, a Notary Public in and for the State and County aforesaid, this Z,z-1, day of , 2009. NOTARY PUBLIC My commission expires: OFF 163AL sex NOTARY PUBLIC ITATE OFWEV MRGINIA KM W L KAFTON 14ML NVELMOOPM MAR muRO, VW 25101 &V Eemffft@1 n MOM August 13, 2013 VERIFICATION STATE OF , COUNTY, TO-WIT: I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are subject to the penalties of perjury and those provisions of Pennsylvania law relating to unsworn falsification to authorities. I am authorized to execute this Verification on behalf of Plaintiff. By: M'7t4 & ze_'? Arlene J. RogeXAV Subscribed and sworn to before me, a Notary Public in and for the State and County aforesaid, this 2.i.-,-day of Q?.?,,,? , 2009. NOTARY PUBLIC My commission expires: NWAW PUBW laacrwsr? PMYLM L KAPTON 14OD LOYALA 1 MM MARINBUFA wY HM wy eann,MMon.?in. ? f!, flMa IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009: ROSEMARY L. LIVINGOOD Law Case 48 C True Apple Way Inwood, West Virginia 25428, Judge: Plaintiffs, Vs. RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. NOTICE OF SERVICE OF DISCOVERY MATERIAL I HEREBY CERTIFY that on this a5yday of J w? , 2009, I served the following discovery material on the Defendant by attaching a copy thereof to the original Complaint filed in these proceedings: 1. Plaints Interrogatories directed to Defendant; and 2. Plaintjfs Request for Production of Documents directed to Defendant. I will retain the original of these documents, without alteration, until the case is concluded in this Court and the time for noting an appeal has expired or any appeal noted has been decided. BRITT • REED LAW OFFICES By: _:) Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301)791-6000 CERTIFICATE OF SERVICE I HEREBY CERTIFY, That on this day of .a - , 2009, a copy of the foregoing Notice of Service of Discovery Material was served upon the Defendant by attaching a copy thereof to the original Complaint filed in these proceedings. By: Bradley J. Reed RM'01- OF THE PPoTpcNsoTARY 2009 JUN 29 FM 2: 18 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, ARLENE J. ROGERS 177 Cearfoss Avenue Martinsburg, West Virginia 25404, and Civil Number for 2009w4 B&S c?V i reti" ROSEMARY L. LIVINGOOD 48 C True Apple Way Inwood, West Virginia 25428, Plaintiffs, Vs. RYAN MCGOWAN 117 North Wells Avenue Glenolden, Pennsylvania 193036 Defendant. Law Case Judge: SUMMONS IN CIVIL ACTION TO: RYAN MCGOWAN, 117 North Wells Avenue, Glenolden, Pennsylvania 19036 (Delaware County) You are hereby notified that the above-named Plaintiff has commenced an action against you. !?laglo9 ate Prothon C k 311' Dl It# 1 1403 6 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor t - , r- ??? ?F T' F ''u t{aY ! 23 t 12: 5 r } r n Fly Terry W. Rogers vs. Ryan McGowan Case Number 2009-4368 SHERIFF'S RETURN OF SERVICE 07/02/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ryan McGowan, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Summons according to law. 07/27/2009 04:35 PM - Delaware County Return: And now July 16, 2009 at 1635 hours I, Joseph M. McGinn, Sheriff of Delaware County, Pennsylvania, do herby certify and return that I served a true copy of the within Summons, upon the within named defendant, to wit: Ryan McGowan by making known unto Janet McGowan, adult in charge at 117 North Wells Avenue Glenolden, PA 17303 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 27, 2009 SO ANSWERS, r R THOMAS KLINE, SHERIFF In The Court of Common Pleas of Cumberland County, Pennsylvania Terry W. Rogers VS. Ryan McGowan 117 North Wells Avenue Glenolden, PA 17303 Civil No. 2009-4368 Now, July 2, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware 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, , 20 , at o'clock M, served the within upon at by handing to and made known to the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA copy of the original In The Court of Common Pleas of Cumberland County, Penns lvania Terry W. Rogers fj l C'"d "? VS. Ryan McGowan 3 117 North Wells Avenue y gc Glenolden PA 17303 t Civil No. 2009-4368 Now, July 2, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware 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'-&\j `1(0 , 20Gcj , at Y-3 o'clock T-M, served the within ; upon at 11.)A IM ?_6 Gow t+j Clo 12,(,n j &_Goww by handing to wMAI Vr , c wort 0 /u F Ihj Y?7 cCxfw?t? a ;/_ copy of the original 1ultkL and made known to -4 h-c- sJrr ?-»cri? So Sworn and subscribed before me this day of 120 COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA 0 1 1 5525420.1 LAW OFFICES OF TWANDA TURNER-HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Ryan McGowan in reference to the above captioned case. R LEVAN, ESQUIRE '.4 9 Attorney for Defendant Ryan McGowan I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular first class mail. OF THE. iJi '. ?._. M9 VIUL 28 Ail Sl. 29 ;;v t 0115525420.1 LAW OFFICES OF TWANDA TURNER-HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan 1'ERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs, Terry W. Rogers and Arlene J. Rogers and Rosemary L. Livingood, to file a Civil Action within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. ;jj R . VAN, ESQUIRE Attorney for Defendant Ryan McGowan RULE TO FILE CIVIL ACTION AND NOW, this day of , 2009, a Rule is hereby granted upon Plaintiffs to file a Civil Action within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. HO O A FILED-&'R,"f: OF THE 2009 JUL 28 A M 09. 29 tliv w IV I `, 0115525420.1 LAW OFFICES OF TWANDA TURNER-HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Ryan McGowan, Demands a Jury Trial of twelve (12) in reference to the above captioned case. LEVAN, ESQUIRE Attorney for Defendant Ryan McGowan I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by Regular First Class Mail. 1=l?Ff SAY L '?' 2009 JUL 28 AN 9: L 9 0115525420.1- LAW OFFICES OF TWANDA TURNER- HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan 1 tKK Y W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Ryan McGowan in reference to the above captioned case. JE R L. LEVAN, ESQUIRE Attorney for Defendant Ryan McGowan I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by Regular US Mail. RLW4 OF TH pFXQ-W-MTAFlY 9 AUG 13 PH ? 33 llIN?Y 0115525420.1- LAW OFFICES OF TWANDA TURNER- HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Ryan McGowan, Demands a Jury Trial of twelve (12) in reference to the above captioned case. J IF L. LEVAN, ESQUIRE Attorney for Defendant Ryan McGowan I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX) Regular First Class mail OF THE FOH TARY 2019 AUG 13 Ph 2: 33 E 0115525420.1- LAW OFFICES OF TWANDA TURNER- HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term CERTIFICATE OF SERVICE TO THE CLERK: I, Jennifer L. LeVan, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiffs, Terry W. Rogers, Arlene J. Rogers, and Rosemary L. Livingood; Defendant's Request for Admissions Directed to Plaintiffs, Terry W. Rogers, Arlene J. Rogers, and Rosemary L. Livingood, with Accompanying Interrogatories; and, Defendant's Request for Production of Documents Directed to Plaintiffs, Terry W. Rogers, Arlene J. Rogers, and Rosemary L. Livingood, were served this date by United States Mail, First Class, postage prepaid, upon: Bradley J. Reed, Esquire 1936 Dual Highway Hagerstown, MD 21740 fEENNIVER L. LEVAN, ESQUIRE Attorney for Defendant ' Ryan McGowan Dated: 2 R. FICE OF j 2099 AUG 13 PN 2: 33 cumwi,mu Calm 0115525420.1- LAW OFFICES OF TWANDA TURNER- HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term NOTICE TO PLEAD TO: Terry W. Rogers and Arlene J. Rogers and Rosemary L. Livingood, Plaintiff c\o Bradley J. Reed, Esquire 1936 Dual Highway Hagerstown, MD 21740 YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT, CHRISTOPHER HART, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. ,OEWPER L. EVAN, ESQUIRE Attorney for Defendant Ryan McGowan T/1 0/0 C>/ 0115525420.1- LAW OFFICES OF TWANDA TURNER- HAWKINS JENNIFER L. LEVAN, ESQUIRE Identification No. 87575 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Ryan McGowan, by and through the undersigned counsel, answers the Plaintiff's Complaint as follows: 1. DENIED pursuant to Pa.R.C.P. 1029(e). 2. DENIED pursuant to Pa.R.C.P. 1029(e). 3. DENIED pursuant to Pa.R.C.P. 1029(e). 4. ADMITTED. 5. DENIED pursuant to Pa.R.C.P. 1029(e). 6. DENIED pursuant to Pa.R.C.P. 1029(e). 7. ADMITTED in part and DENIED in part. It is admitted only that Answering Defendant was operating a motor vehicle. The remainder of the averments contained in the corresponding paragraph of Plaintiffs' Complaint are denied. 8. DENIED pursuant to Pa.R.C.P. 1029(e). 9. ADMITTED. 10. DENIED pursuant to Pa.R.C.P. 1029(e).By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 11. (a. - j.) DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. COUNT ONE 12. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 13. (a. - h.) DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 14. DENIED pursuant to Pa.R.C.P. 1029(e). 15. DENIED pursuant to Pa.R.C.P. 1029(e). 16. DENIED pursuant to Pa.R.C.P. 1029(e). 17. DENIED pursuant to Pa.R.C.P. 1029(e). 18. DENIED pursuant to Pa.R.C.P. 1029(e). 19. DENIED pursuant to Pa.R.C.P. 1029(e). 20. DENIED pursuant to Pa.R.C.P. 1029(e). 21. DENIED pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands Judgment in his favor and against all parties. 2 COUNT TWO 22. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 23. (a. - f. [sic]) DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 24. DENIED pursuant to Pa.R.C.P. 1029(e). 25. DENIED pursuant to Pa.R.C.P. 1029(e). 26. DENIED pursuant to Pa.R.C.P. 1029(e). 27. DENIED pursuant to Pa.R.C.P. 1029(e). 28. DENIED pursuant to Pa.R.C.P. 1029(e). 29. DENIED pursuant to Pa.R.C.P. 1029(e). 30. DENIED pursuant to Pa.R.C.P. 1029(e). 31. DENIED pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands Judgment in his favor and against all parties. COUNT THREE 32. DENIED. Answering Defendant incorporates by reference the responsive pleadings set forth in the previous paragraphs of Defendant's Answer as though same were fully set forth at length. 33. (a. - e. [sic]) DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, answering Defendant acted reasonably and with due care. 3 34. DENIED pursuant to Pa.R.C.P. 1029(e). 35. DENIED pursuant to Pa.R.C.P. 1029(e). 36. DENIED pursuant to Pa.R.C.P. 1029(e). 37. DENIED pursuant to Pa.R.C.P. 1029(e). 38. DENIED pursuant to Pa.R.C.P. 1029(e). 39. DENIED pursuant to Pa.R.C.P. 1029(e). 40. DENIED pursuant to Pa.R.C.P. 1029(e). 41. DENIED pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands Judgment in his favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 42. Pennsylvania Comparative Negligence Act All negligence causes of action and/or claims asserted against answering Defendant are limited, governed, barred and/or restricted, by the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102, the relevant terms of which are incorporated by reference herein. 43. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action(s)/Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 44. Limited Tort-ACT 6 4 All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 45. Limited Tort-Uninsured Owner All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and//or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, as Plaintiffs owned a currently registered private passenger motor vehicle for which they did not have financial responsibility at the time of the accident. Therefore, Plaintiffs is deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant. WHEREFORE, Defendant demands Judgment in his favor and against all parties. NNIF R L. LEVAN, ESQUIRE Attorney for Defendant Ryan McGowan 5 0115525420.1- VERIFICATION Jennifer L. LeVan, Esquire, states that she is the attorney for the within named Defendant, Ryan McGowan, and the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. L. L VAN, ESQUIRE Attorney for Defendant(s) Ryan McGowan 6 CERTIFICATE OF SERVICE I do hereby certify that on August 10, 2009, service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. IFE . LEVAN, ESQUIRE Attorney for Defendant Ryan McGowan OF THE pRQ?114RY 209 AUG 13 FM 22 33 CUMBERL" M'Y MOM" IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS, et ux., et al., Plaintiffs, Vs. RYAN MCGOWAN Defendant. Civil Action No. 2009 - 4368 PLAINTIFF'S DENIAL OF NEW MATTER Terry W. Rogers, Arlene J. Rogers, and Rosemary Livingood, Plaintiffs, by counsel, Bradley J. Reed and Britt - Reed Law Offices, their attorneys, specifically and generallydeny the New Matter as asserted in the Defendant's Answer to the Complaint and New Matter of Ryan McGowan, and state: 1. Pursuant to Pa.R.C.P. 1029(e) Plaintiff denies all allegations of paragraph 42 of the New Matter alleging Comparative Negligence. 2. Pursuant to Pa.R.C.P. 1029(e) Plaintiff denies all allegations of paragraph 43 of the New Matter alleging the application of Financial Responsibility Law to the facts of the case. 3. Pursuant to Pa.R.C.P. 1029(e) Plaintiff denies all allegations of paragraph 44 of the New Matter alleging the application of the Limited Tort Act to the facts of the case. 4. Pursuant to Pa.R.C.P. 1029(e) Plaintiff denies all allegations of paragraph 45 of the New Matter alleging the application of the Limited Tort Act to the facts of the case. [ ~ 5. Plaintiff denies all allegations of New Matter not specifically admitted herein. By BRITT - REED LAW OFFICES Bradley J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (3 01)791-6000 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on this 2'?-'" day of 2009, a copy of the foregoing Denial of New Matter was served upon the following by fast class mail, postage prepaid: Jennifer L. Levan, Esquire Law Offices of Twanda Turner Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101 B Allentown, PA 18195 - 5486, Attorneys for Defendant. BY: (3 .' Bradley J. Reed -ft VERIFICATION STATE OF MARYLAND, WASHINGTON COUNTY, TO-WIT: Bradley J. Reed, Esquire, states that he is the attorney for the within named Plaintiffs, Terry W. Rogers, Arlene J. Rogers, and Rosemary L. Livingood, and the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief, and this Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. I am authorized to execute this Verification on behalf of Plaintiffs. By: C3 ? ? Bradley J. Reed, Esquire Subscribed and sworn to before me, a Notary Public in and for the State and County aforesaid, this 2 84" day of s+ , 2009. NOT P LIC My commission expires: -7-8-c1 FILED--i 2009 AUG 27 P 3: 36 ?Ltv;' ;ViV1 S IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TERRY W. ROGERS, et ux., et al., Plaintiffs, Vs. RYAN MCGOWAN Defendant. Civil Action No. 2009 - 4368 NOTICE OF SERVICE OF DISCOVERY MATERIAL I HEREBY CERTIFY that on this y day of Sae,J• . , 2009, I served the following discovery material on the Defense Counsel, by first class mail, postage prepaid: 1. Plaintiffs' Answers to Defendant's Request for Admissions. I will retain the original of these documents, without alteration, until the case is concluded in this Court and the time for noting an appeal has expired or any appeal noted has been decided. BRITT - REED LAW OFFICES C? By: J. Reed PA #76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301)791-6000 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on this 4y- day of Secr? , 2009, a copy of the foregoing was served upon the following by first class mail, postage prepaid: Jennifer L. Levan, Esquire Law Offices of Twanda Turner Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101 B Allentown, PA 18195 - 5486, Attorneys for Defendant. By: -..(-? - Bradley J. Reed FILED-OFFICE OF THE PROTHONOTARY fSEP -8 PM 2i 23 PENIN VAwNIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY WAYNE ROGERS, ARLENE JOAN ROGERS, AND ROSEMARY L. LIVINGOOD, Plaintiffs, Vs. NO. 2009-4368 CIVIL TERM RYAN MCGOWAN, Defendant. NOTICE OF SERVICE OF DISCOVERY MATERIAL I HEREBY CERTIFY that on this a` Nay of October 2009, I served the following on the Defendant's counsel: Plaintiffs' Answers to Interrogatories; and Plaintiffs' Responses to Requests for Production of Documents. I will retain the original of these documents, without alteration, until the case is concluded in this Court and the time for noting an appeal has expired or any appeal noted has been decided. BRITT • REED LAW OFFICES By: Bradley J. Reed Pennsylvania Bar No. 76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: 301-791-6000 CERTIFICATE OF SERVICE I HEREBY CERTIFY, That on this aq day of October 2009, I served the foregoing documentation on the following individuals via prepaid first class mail: Jennifer L. Levan, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Attorney for Defendant; and Mr. Terry W. Rogers 177 Cearfoss Avenue Martinsburg, West Virginia 25404 Plaintiff, Ms. Arlene J. Rogers 177 Cearfoss Avenue Martinsburg, West Virginia 25404 Plaintiff, and Ms. Rosemary L. Livingood 49A True Apple Way Inwood, West Virginia 25428, Plaintiff. By C3 ? ? Bradley J. Reed Al D-4DFICE OF THE PRA im"n' OTARY 2009 NOV -2 PM 3: 09 Ugly PEN SYLVAINIW 0115525420.1-B37 LAW OFFICES OF TWANDA TURNER-HAWKINS KENNETH S. O'NEILL Identification No. 80015 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN n r~ ,~ :. ATTORNEY FOR DEFENDAN~_~~~~~~ -:;`_j.; Ryan McGowan = -- ' ',' r~~ - _~ ~ ~, 1- c . ,~ - .. COURT OF COMMON PLEAS ~ `~" { OF CUMBERLAND COUNTY NO. 2009-4368 Civil Term WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Ryan McGowan in reference to the above- captioned case. = , ~ ! - ~~ ~- KENNETH S. O'NEILL, ESQUIRE 0115525420.1-B37 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN C-? ATTORNEY FOR DEFENDANT ~ _ ~ _ '' Ryan McGowan =''~' - , =~ - ~~ ;` ~ -~~ --.J _- .. -1. :: , ,.~. ;f~; r...a COURT OF COMMON PLEAS ~-~'- c.r: OF COUNTY NO. 2009-4368 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my Appearance on behalf of Ryan McGowan in reference to the above- captioned case. 2~LL'YN~S~RRY Attorney for Defendant Ryan McGowan TERRY W. ROGERS, et al., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RYAN McGOWAN, Defendant NO, 09-4368 CIVIL TERM ORDER OF COURT IN RE: PLAINTIFF'S MOTION FOR SANCTIONS AND NOW, this 25?' day of August, 2010, upon consideration of Plaintiff's Motion for Sanctions, a Rule is hereby issued upon the Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, J. Wesley Ol?r, Jr., .?. Bradley J. Reed, Esq. , 1936 Dual Highway Hagerstown, MD 21740 Attorney for Plaintiff ?AllYn M. Starry, Esq. Law Offices of Twanda Turner-Hawkins c c? ` 3 Iron Run Corporate Center x? 7535 Windsor Drive Suite 1101-B c aNn < ? Allentown, PA 18195-1032 D d t f f Att -a t ? =r en an orney or e N :rc -v co?Ce-c 8i 4 t? ?r? 0115525420.1-1337 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan 1 L; a -0 l l :m ' Cr Cn 7 COURT OF COMMON PLEAS'- = F c c OF CUMBERLAND COUNTY'( `•° rn PENNSYLVANIA NO. 2009-4368 Civil Term TERRY W. ROGERS AND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR SANCTIONS AND NOW, comes the Defendant, Ryan McGowan, by and through the undersigned counsel, and files this Response to the Plaintiffs' Motion for Sanctions: Nature of Case This matter stems from a motor vehicle accident which occurred on July 12, 2008 in Cumberland County. Pennsylvania. Defendant's vehicle struck the rear of the vehicle occupied by Plaintiffs. Procedural History The undersigned counsel entered her appearance for Defendant on May 18, 2010. At that time, Defendant had responded to Plaintiffs' Request for Production of Documents, but had not yet responded to Plaintiffs' Interrogatories. On August 24, 2010, Defendant's Answers to Interrogatories were provided to Plaintiffs' counsel. In addition, Defendant's counsel forwarded correspondence to Plaintiffs' counsel confirming that Defendant had agreed to stipulate to liability in this matter. Plaintiffs' counsel and Defendant's counsel have agreed to enter into a Stipulation confirming that Defendant is stipulating to liability and will not introduce evidence or testimony that Plaintiffs were in any manner negligent in regard to causation of the subject accident. The parties further agreed that said Stipulation would confirm Plaintiffs' counsel's agreement to withdraw the Motion for Sanctions previously filed in this action. A copy of the signed Stipulations is attached hereto and marked Exhibit "A". WHEREFORE, Defendant respectfully requests, based upon agreement by the parties, that the Plaintiffs' previously filed Motion for Sanctions be denied. Respectfully submitted, ALL'YN 1N S'TARtY?,ESQ Attorney r Defendant Ryan McGowan 0115525420,1-B37 VERIFICATION ALLYN M. STARRY, Esquire, states that she is the attorney for the within named Ryan McGowan, and the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. ALLYN V. STARRY Attorney11for Defendant Ryan McGowan A?Ap C' ] r, a 7r..tt Reed Law 0-'f ceS 1-791 ?a.0? o. ?. ]. ?• cvur i C 1 Err f;'?. ? - 161 1? ' t1 a. 1la 's 0115525420.1-B37 LAW OFFICES OF TWANDA TURNER- HAWKINS ALLYN M. STARRY Identification No, 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT(S) Ryan McGowan ARLENE J, ROGERS AND ROSEMARY L. LiVINOOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4368 Civil Term STIPULATION IT IS HEREBY AGREED by and among the undersigned counsel that Defendant, Ryan McGowan, will stipulate to liability in the above-captioned matter, and will not introduce evidence or testimony that Plaintiff's were in any manner negligent in causing the motor vehicle accident which is the subject of this action. IT IS FURTHER AGREED by and among the undersigned counsel that inasmuch as Defendant has provided answers to Plaintiffs' Interrogatories, Plaintiffs will withdraw the Motion for Sanctions previously filed in this matter. ALL M. STARRY Attorney for Defendant(s) Ryan McGowan BRADLE'Y' J. REED, ESQLUtY, Attorney for Plaintiff(s) Terry W. Rogers and Arlene J. Rogers and Rosemary L. Livingood &kH'161-7- A 0115525420.1-1337 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Ryan McGowan TERRY W.ROGERSAND ARLENE J. ROGERS AND ROSEMARY L. LIVINGOOD V. RYAN MCGOWAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2009-4368 Civil Term CERTIFICATE OF SERVICE I, Allyn M. Starry, Esquire, hereby certify that a true and correct copy of the within RESPONSE TO PLAINTIFFS' MOTION FOR SANCTIONS was served upon all other parties or their attorney of record by First Class Mail on September 10, 2010 A L M. ST RRY Attorn y for Defendant Ryan McGowan M -? > M G?- fiC' ?U ??C7 j rl 0115525420.1 rya O ? LAW OFFICES OF C "03 c? T' TWANDA TURNER-HAWKINS ATTORNEY FOR DEFENDANT zm ED -rnn, u ALLYN M. STARRY, ESQ. Ryan McGowan car rn ;0=_ Identification No. 89027 Iron Run Corporate Center ?n 3 n 7535 Windsor Drive, Suite 101-B y,°? ?m Allentown, PA 18195-1032 a Telephone: (610) 398-5486 '< Cn -?' TERRY W. ROGERS AND COURT OF COMMON PLEAS ARLENE J. ROGERS AND OF CUMBERLAMD COUNTY ROSEMARY L. LIVINGOOD NO. 2009-4368 Civil Term V. RYAN MCGOWAN CERTIFICATE OF SERVICE I, Allyn M. Stacy, Esquire, hereby certify that Deposition Notices directed to Plaintiffs, noting a deposition date of November 30, 2010, were served this date by United States Mail, First Class, postage prepaid, upon: Bradley J. Reed, Esquire 1936 Dual Highway Hagerstown, MD 21740 Date: Monday, November 22, 2010 myan mu"Uwan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ROGER, ET AL Vs. NO. 2009 4368Z? ? MCGOWAN U) ca Q CERTIFICATE o PREREQUISITE TO SERVICE OF A SUBPOENA tclcl-?` PURSUANT TO RULE 4009.22 -c co ..4 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 ALLYN M STARRY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 06/03/11 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 610-398-5480 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre MLR File #: R387883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ROGER, ET AL Vs. MCGOWAN No. 2009 4368 TO: BRDLEY REED, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 06/03/11 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc (s) : Copy of subpoena(s) Counsel return card File #: R387883 COs&&NWEALTH OF PENNSYLVANIA CO[][Ji'Y OF CLDUORLAND _ ROGER, ET AL Vs. Fi le No. MCGOWAN 2009 4368 MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CITY HOSP INC, 2500 HOSPITAL DR, MARTINSBURG WV 25401 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docl.Rlent-, orstbang at MEDICAL LEGAL REPRODUCTIONS INNC, 49 PA (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrrpliance, to the party making thi-c request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thio subpoena may seek a court order cxr pe l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ AMRESS : 7535 WINDSOR DR 18195 TELEPHONE: - =S S-:T---3-2"L 7T SUPREME OOURT ID - - _ - ATTORNEY FOR: DEFENDANT R387883-01 BY THE P tart' DATE: Clerk, Civil Division Seal of the Court _ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGER, ET AL Vs. MCGOWAN CUSTODIAN OF RECORDS FOR : CITY HOSP INC No. 2009 4368 ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: ROSEMARY L LIVINGOOD ADDRESS: 49A APPLE WAY INWOOD WV DATE OF BIRTH: 03/23/59 SSAN: XXXXX MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND R387883-01 Authorized signature or CITY HOSP INC * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PF3NNMVANIA COUNTY OF CLJMB RLANU ROGER, ET AL Vs. MCGOWAN Fi Is No. 2009 4368 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CITY HOSP INC, 2500 HOSPITAL DR, MARTINSBURG WV 25401 TO: ATTN: RADIOLOGY SERVICES (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 orslg:1, rrr T,. r at MEDICAL LEGAL REPRODUCTIONS INCA, 494U DISSTUN 5T., PHILA., (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of carpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this, subpoena may seek a court orde:- cxxrpe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR ALLENTOWN,- PA 18195 TELEPHONE: SUPREME COURT ID # 2t5-335-32-12 ATTORNEY FOR: DEFENDANT R387883-02 DATE: (,, 31 "// Seal of the Court BY THE O"D Pro tart'/C1 k, Civil Division i Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGER, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR: CITY HOSP INC ANY AND ALL STUDIES INVOLVING THE SPINE. TO INCLUDE A LIST OF AVAILABLE STUDIES INCLUDING CORRESPONDENCE, RADIOLOGICAL REPORTS OF ALL STUDIES INVOLVING THE BACK AND NECK. ALL RADIOLOGICAL STUDIES PREFERRED ON CD. PERTAINING TO: NAME: ROSEMARY L LIVINGOOD ADDRESS: 49A APPLE WAY INWOOD WV DATE OF BIRTH: 03/23/59 SSAN: XXXXX ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CITY HOSP INC CUMBERLAND R387883-02 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENN YLVANIA COUNTY OF CL*SERLAND TO: ROGER, ET AL Vs. MCGOWAN File No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR ALEX AMBROZ, 51 STREET OF DREAMS, MARTINSBURG WV 25403 (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 orsngAI NmTTM at _ MEDICAL LEGAL REPRODUCTIONS 4940 DISSTON ST., F* --- (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea•,onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thii subpoena may seek a court ordei- cxrr pe I l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR ALLENTOWN PA 18195 TELEPHONE: 2i5 B35- 2i2 SUPREME COURT ID # ATTORNEY FOR: R387883-03 DATE : 5-3/-/? DEFENDANT Seal of the Court BY THE Pro ary/C lerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGER, ET AL Vs. MCGOWAN No. 2009 4368 CUSTODIAN OF RECORDS FOR: DR ALEX AMBROZ ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS, BILLS AND FILMS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: ROSEMARY L LIVINGOOD ADDRESS: 49A APPLE WAY INWOOD WV DATE OF BIRTH: 03/23/59 SSAN: XXXXX ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ALEX AMBROZ CUMBERLAND R387883-03 * * * SIGN AND RETURN THIS PAGE * * * COMMDNWFALTH OF PENNMVANIA COUNTY OF CLDUOUAM ROGER, ET AL Vs. MCGOWAN File No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOaJMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR MARY LOPEZ, 2010 DOCTOR OATES STE 102, MARTINSBURG WV 25407 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or-- X at MEDICAL LEGAL REPRODUCTIONS INC 40 DISSTUN ST., PHILA(Address) You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together with the certificate of ccarpliance, to the party making thi-7 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 thii subpoena may seek a court orde;- rxxrpe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQJEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR AT.T,FNTOWN,- PA 18195 TELEPHONE: 2±5-335 3212 SUPREhE COURT ID _ ATTORNEY FOR: R387883-04 DATE : 5--?1- /( DEFENDANT Seal of the Court BY THE COURT: L lerk Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGER, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR: DR MARY LOPEZ ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS, BILLS AND FILMS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: ROSEMARY L LIVINGOOD ADDRESS: 49A APPLE WAY INWOOD WV DATE OF BIRTH: 03/23/59 SSAN: XXXXX ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR MARY LOPEZ CUMBERLAND R387883-04 * * * SIGN AND RETURN THIS PAGE * * * CDMMJ WEALTH OF PENNSYLVANIA couRry OF cUMBERLAND ROGER, ET AL Vs. MCGOWAN File No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ROBERT PHARES, 3790 HEDGESVILLE RD, HEDGESVILLE WV 25427-6704 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orS1g:T, TT7n.,r at MEDICAL LEGAL REPRODUCTIONS INC. PA (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccmp1iance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablr cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi; subpoena may seek a court orde;- rxm pe I l i ng you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR AT,T,F.NToWN,- PA 18195 TELFPHONE: 2t5-335 3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT 2 R387883-05 BY THE COUR Prot ary/C1 k, Civil Division DATE: Seal of the Court Deputy (Eff. '1/97) ADDENDUM TO SUBPOENA ROGER, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR : DR ROBERT PHARES ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS, BILLS AND FILMS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: ROSEMARY L LIVINGOOD ADDRESS: 49A APPLE WAY INWOOD WV DATE OF BIRTH: 03/23/59 SSAN: XXXXX ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ROBERT PHARES CUMBERLAND R387883-05 * * * SIGN AND RETURN THIS PAGE * * * 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND C"Y" -03 -?, ROGERS ET AL © Vs. r-c? -o c:)-n y NO. 2009-4368 T-" C) orn MCGOWN • N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 ALLYN M STARRY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/27/11 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 610-398-5480 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre MLR File #k: R387936 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ROGERS ET AL Vs. MCGOWN No. 2009-4368 TO: BRADLEY REED, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 05/31/11 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc(s): Copy of subpoena(s) Counsel return card File #: R387936 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CilIr1BERIAND ROGERS ET AL Vs. File No. 2009-4368 MCGOWN ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR MARY LOPEZ, 2010 DOCTOR OATES #104, MARTINSBURG WV 25407 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docLsrents g TCfI ? !'ITTTI ? T\T1T\ 1 1 L 1?11LL L1lJ L1Jl \L V m at _ MEDICAL LEGAL REPRODII T. , INC, 494U DISSTUN 5T., . , JPi?----- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of caTpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order cxvpe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: ALLYN M STARRY, ESQ ADDRESS : 7535 WINDSOR DR 18195 TELEPHONE: SUPREME COURT ID # - - ATTORNEY FOP.: R387936-01 DEFENDANT DATE: Seal f he Court BY THE COURT: Prothono ary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs MCGOWN No. 2009-4368 CUSTODIAN OF RECORDS FOR: DR MARY LOPEZ ANY AND ALL RECORDS, REPORTS, BILLING AND FILMS FROM THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ J RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR MARY LOPEZ CUMBERLAND R387936-01 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COU NrY OF Ci)UDILAND ROGERS ET AL Vs. MCGOWN Fi le No. 2009-4368 SUBPOENA TO PRODUCE DOCtMNTS MEDICAL BILLING REQUESTED OR T H 1 NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CITY HOSPITAL INC, 2500 HOSPITAL DR, MARTINSBURG WV 25401 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or -th' at MEDICAL LEGAL REPRODUCTIONS, NC, 4940 D -PX--- (Ad?ress) You may deliver or mail legible copies of the docurrants or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onablE cost of preoaring 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 serv;ce, the party serving thin subpoena may seek a court orde•- cxxnpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR --?a,LE?ITl1WI`TT pA 18195 TELEPHONE : 2 15 SUPREME COURT ID # - - ATTORNEY FOR: DEFENDANT R387936-02 DATE: Seal of the Court BY THE COURT: ?) R Prot D iszon Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: CITY HOSPITAL INC ANY AND ALL REPORTS, RECORDS AND BILLING FROM THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or CITY HOSPITAL INC CUMBERLAND R387936-02 * * * SIGN AND RETURN THIS PAGE COMM3NWEALTH OF PENNSYLVANIA CO[lIVY OF CUMBERLAND ROGERS ET AL Vs. MCGOWN File No. 2009-4368 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CITY HOSPITAL INC, 2500 HOSPITAL DR, MARTINSBURG WV 25401 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following docxrments orSEr9XTT*effED *DDEN*'um 1 \L V l?l at MEDICAL LEGAL REPRODUCTIONS . , -PIE---- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccnpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablF cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde:- cxrnpe I l i ng you to comp Ty with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR 18195 TELFPHONE: SUPRID E COURT ID # ATTORNEY FOR: DEFENDANT R387936-03 BY THE COURT: Prot k on DATE : _ Se Al of the Court _ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: CITY HOSPITAL INC ANY AND ALL REPORTS AND FILMS FROM THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed gate Authorize signature or CITY HOSPITAL INC CUMBERLAND R387936-03 * * * SIGN AND RETURN THIS PAGE CO1! EA,LTH OF PENNSYLVANIA COUNTY OF CLDELE tIAND TO: ROGERS ET AL Vs. MCGOWN File No. 2009-4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR KAROLY VARGA, 200 FOUNDATION WAY, MARTINSBURG WV 25401 (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-*6 at --- MEDICAL LEGAL , 2`NC, 4940 ST., , , Ph -- (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of camliance, to the party making this request at the address listed above. You have the right to seek in advance the rea,onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordef- canpelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR TTFNTOWN PA 18195 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: R387936-04 DEFENDANT DATE: Se 1 ?the Court BY THE COURT: Prothonot Clerk, Civi Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: DR KAROLY VARGA ANY AND ALL REPORTS, RECORDS, BILLING AND FILMS FOR THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for DR KAROLY VARGA CUMBERLAND R387936-04 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNrY OF CUMBERLAND ROGERS ET AL Vs. File No. 2009-4368 MCGOWN ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PARKWAY NEUROSCIENCE, 17 WESTERN MARYLAND PKWY #100, HAGERSTOWN MD 2174 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following cbament s or SE g L? fffiD *DDE1 T1tHw _ 1 \ L V 111 at MEDICAL LEGAL REPRODUCTIONS, INC, 49 4U DISSTUN . , . , ?1?-- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of canpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this, subpoena may seek a court orde:- cxm pe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR 18195 TELEPHONE: SUPREhE OOURT ID # ATTORNEY FOR: R387936-05 DEFENDANT DATE : Wit Sethe Court BY THE COURT: Prot /C Divis.ion Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: PARKWAY NEUROSCIENCE ANY AND ALL REPORTS, RECORDS, BILLING AND FILMS FOR THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PARKWAY NEUROSCIENCE CUMBERLAND R387936-05 *'? * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROGERS ET AL Vs. Fi le No. 2009-4368 MCGOWN ` ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO DR MARK FREIMUTH, 11110 MEDICAL CAMPUS RD ##151, HAGERSTOWN MD 21742 (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 tklM at MEDICAL LEGAL REPRODUCTIONS, INC, 4940 DISSTON ST., -- (Address) You may deliver or mail legible copies of the documents or produce things requester? bthis subpoena, together wit') the certificate of carpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde+- cxrpelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQJEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: - 7535 WINDSOR DR 18195 TELEPHONE: SUPREME COURT 1D # - - ATTORNEY FOR: DEFENDANT BY THE COURT' R387936-06 DATE: A, h/ Prothono ary/Clerk, Civil Division Sea the Court _ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: DR MARK FREIMUTH ANY AND ALL REPORTS, RECORDS, BILLING AND FILMS FOR THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUIIIENT.S AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR MARK FREIMUTH CUMBERLAND R387936-06 * * * SIGN AND RETURN THIS PAGE * * * COH&UNWEAITTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROGERS ET AL Vs. File No. 2009-4368 MCGOWN ORIGINAL X-RAYS REQUESTED TO: MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR ROBERT PHARES, 3790 HEDGESVILLE RD #H, HEDGSVILLE WV 25427 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the f o l lowing downents or y }pgs,: ,,,1 1 tiCHED ADDENDUM ?LL A .-R1?k l?T3?T at _ ------ MEDICAL LEGAL REPRODUCTIONS, C?NC, A940 DISSTON ST., PHILA. , FA-_ - (A ress) You may deliver or mail legible copies of the documents or produce things requested hi this subpoena, together wit', the certificate of carpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court orde;- c -z pe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR T r r ET??Tl?TnII?; p A 18195 TELEPHONE: SUPREhE COURT ID # ATTORNEY FOR: R387936-07 DEFENDANT DATE: Se 1 f the Court BY THE COURT: Prot /Cler , Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: DR ROBERT PHARES ANY AND ALL REPORTS, RECORDS, BILLING AND FILMS FOR THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ J NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ROBERT PHARES CUMBERLAND R387936-07 * * * SIGN AND RETURN THIS PAGE * * * CC WEALTH OF PENNSYLVANIA COUNTY OF CCD63ERIAND TO: ROGERS ET AL Vs. MCGOWN File No. 2009-4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR GARRISON MORIN, 321 LUTZ AVE #A, MARTINSBURG WV 25404 (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 th SEL"XTTACKED ADDENDUM at _ ?-- MEDICAL LEGAL REPRODUCTIONS, ,ANC, 4940 DISSTON ., --- (A ess ) You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together with the certificate of ccnpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablr 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 thii subpoena may seek a court orde,. cxrrpe l l i ng you to cmp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ AC)ORESS : 7535 WINDSOR DR "T T EZiTllinII?;_ p? 18195 TELEPHONE: 15 3 T5 -37271? SUPREhE COURT ID # - - ATTORNEY FOR: R387936-08 DEFENDANT DATE: Sea o.' the Court BY THE COLJRT Pro ary vil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS ET AL Vs. No'. 2009-4368 MCGOWN CUSTODIAN OF RECORDS FOR: DR GARRISON MORIN ANY AND ALL REPORTS, RECORDS, BILLING AND FILMS FOR THE PAST 10 YEARS. PERTAINING TO: NAME: ARLENE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/51 SSAN: XXXXX4367 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR GARRISON MORIN CUMBERLAND R387936-08 * * * SIGN AND RETURN THIS PAGE * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, C-) C = ? -- -n .-4 -- rn MW ? ROGERS, ET AL '. ?. rn .= n Vs. p w o NO. 2009 4368 CD-n MCGOWAN a s a ? ? tV CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 ALLYN M STARRY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 06/03/11 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 610-398-5480 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3653 By: Susan Tyre MLR File #: R387832 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ROGERS, ET AL Vs. MCGOWAN I No. 2009 4368 TO: BRADLEY REED, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 06/03/11 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3653 By: Susan Tyre Enc (s) : Copy of subpoena(s) Counsel return card File #: R387832 C #Amnmw ALTH OF PENNSYLVANIA COUNTY OF CL]MBERLAND ROGERS, ET AL Vs. 2009 4368 File No. MCGOWAN MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CITY HOSPITAL INC, 2500 HOSPITAL DR, MARTNSBURG WV 25401 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following ""'ents O SR&ATTACH-ED IDDEND IM at MEDICAL REPRODUCTIONS, LEGAL f? ?*? w e4A DISSTON ST pHTLA PA (Address) You may deliver or mail legible copies of the documents or produce things requester! t?; 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 rea.onabir cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court order :xrpe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REGMST OF FOLLOWING PERSON: NAME : ALLYN M STARRY, ADDRESS: 7535 WINDSOR DR ALLENTOWN, PA 18195 TELFPHONE : 2 15 - 3 3 5 - -191 2 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT R387832-01 DATE : 5 -,?1- I? Seal of the Court BY THE T: e7! - Pr tar /Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR: CITY HOSPITAL INC ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS AND BILLS FOR THE LAST 20 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CITY HOSPITAL INC CUMBERLAND R387832-01 * * * SIGN AND RETURN THIS PAGE * * * CO?943 WEALTH OF PENNSYLVANIA COUNTY OF-CUMBERLAND ROGERS, ET AL Vs. MCGOWAN File No. 2009 4368 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CITY HOSPITAL INC, 2500 HOSPITAL DR, MARTNSBURG WV 25401 TO: ATTN: RADIOLOGY SERVICES (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 orSftn9Arr -ADDENDITM at ------ MEDICAL LEGAL , I"r, 4440-DISSTON Q' r-., RKI A pA__ (Address) You may deliver or mail legible copies of the documents or produce things requester! this subpoena, together with the certificate of crxmpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court order am yelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF FOLLOWING PERSON: RY NAME: ALLYN M STAR - ADDRESS: 7535 WINDSOR DR ALLENTOWN,. PA 18195 TELEPHONE : 5 3 5 - 3 212 SUPREME COURT ID # ATTORNEY FOR: R387832-02 DEFENDANT DATE : S -31 ° t Seal of the Court BY THE tary/ Jerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR: CITY HOSPITAL INC ANY AND ALL RECORDS, BILLS, ALL DIAGNOSTIC STUDIES INVOLVING THE SPINE. PLEASE PROVIDE A LIST OF AVAILABLE STUDIES INCLUDING CORRESPONDENCE, RADIOLOGICAL REPORTS, ALL STUDIES INVOLVING THE BACK AND NECK. ALL STUDIES PREFERRED ON CD. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CITY HOSPITAL INC CUMBERLAND R387832-02 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF COMBERIAND ROGERS, ET AL , Vs. MCGOWAN File No 2009 4368 No. ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 DR ALEX AMBROZ, 51 STREET OF DREAMS, MARTNSBURG WV 25401 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orSV#nGAT1TACHED ADDENDUM at MEDICAL , G, 4940 nISSTON_ST- , PHILA PA (Address) You may deliver or mail legible copies of the documents or produce things requested! this subpoena, together with the certificate of crnipliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi; subpoena may seek a court order ar pelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE RFC j,10F THE FOLLOWING PERSON: NAME. ALLYN M E54 ADDRESS : 7535 WINDSOR DR ALLENTOWN,. PA 18195 TELEPHONE : ., 1 3 21 9. SUPREME COURT ID # ATTORNEY FOR: DEFENDANT R387832-03 DATE: S t31-1( Seal of the Court BY THE MP Pr tart' Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR : DR ALEX AMBROZ ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FILMS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or DR ALEX AMBROZ CUMBERLAND R387832-03 * * * SIGN AND RETURN THIS PAGE CONMDNWE ALTH OF PENNSYLVANIA COUNTY OF ROGERS, ET AL Vs. , MCGOWAN Fi le No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PARKWAY NEUROSCIENCE, 17 WESTERN MARYLAND PKWY #100, HAGERSTOWN MD 2174 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents 0rSV9nGATT-A-C--E??DDENDUM at _ MEDICKL- , I-ne-4-940, D-1S52TON ST - PHILA PA (Address) You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together with the certificate of ccmpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea,onabir cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court order cxn pe l l i ng you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE RS9Wj OF>? THE FOLLOWING PERSON: NAME . ALLYN M Y, SQ ADDRESS : 7535 WINDSOR DR AT.LENTOWN ; PA 18195 TELFPHONE : 2-15 -A-,-'121 2 SUPREME COURT ID # ATTORNEY FOR: R387832-04 DEFENDANT DATE : 5- I - Seal of the Court BY THE Pro tary/C1 , Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. No. 2009 4368 MCGOWAN CUSTODIAN OF RECORDS FOR: PARKWAY NEUROSCIENCE ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FILMS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or .PARKWAY NEUROSCIENCE CUMBERLAND R387832-04 * * * SIGN AND RETURN THIS PAGE COK43NWFALTH OF PENNSYLVANIA COUNPY OF CUMBERLAND ROGERS, ET AL , Vs. MCGOWAN File No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUWNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR ROBERT PHARES, 3790 HEDGESVILLE RD, HEDGESVILLE WV 25427-6704 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orSng?rr 11?RLIlYI __ at ------ MEDICAL LEGAL , -tie, 4440 DISSTON ST PHILA- ,PA (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together wit!1 the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving •thii subpoena may seek a court order a rpeIling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ AC)ORESS: 7535 WINDSOR DR TLENTOWN; PA 18195 TELEPHONE : SUPREME OOURT I D # ATTORNEY FOR: R387832-05 DEFENDANT DATE : a-31 Seal of the Court BY of t y/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. MCGOWAN No. 2009 4368 CUSTODIAN OF RECORDS FOR : DR ROBERT PHARES ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FILMS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ROBERT PHARES CUMBERLAND R387832-05 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNTY OF-aJMBERJAM TO: ROGERS, ET AL Vs. , MCGOWAN File No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUJENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR KENNEDY YALAMANCHILI, 774 CHRISTIANA RD STE 202, NEWARK DE 19713 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 orSgrr??B?T _- at MEDICAL LEGAL - --- (Address) You may deliver or mail legible copies of the documents or produce things requested bi this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thii subpoena may seek a court ordei, cxxmpe I ling you to oci, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAB: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR T,T,FNT04VN; PA 18195 TELEPHONE : "212 SUPREW COURT ID # ATTORNEY FOR: R387832-06 DEFENDANT DATE: Sea] of the Court BY THE COURT7?[I& Prot y/CI k, Civil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. MCGOWAN No. 2009 4368 CUSTODIAN OF RECORDS FOR: DR KENNEDY YALAMANCHILI ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FILMS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed ate Authorized signature or DR KENNEDY YALAMANCHILI CUMBERLAND R387832-06 * * * SIGN AND RETURN THIS PAGE * * * OF PENNSYLVANIA TO: COUNrY OF-CUMBERLAND ROGERS, ET AL Vs. File No. MCGOWAN 2009 4368 • ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCtmENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR GARRISON MORIN, 321 LUTZ AVE STE A, MARTINSBURG WV 25404-6362 (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 ors9ne at _ MEDICAL LE A INC, T., PETT-n r PA ----- (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of ccrrpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thii subpoena may seek a court orde.- cxmpe l ling you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ AMRESS: 7535 WINDSOR DR ALLENTOWN; PA 18195 TELEPHONE : F , ?, SUPREME COURT ID # ATTORNEY FOR: DEFENDANT R387832-07 DATE : Seal of the Court BY THE 7h-?tV P t tary/Cl k, Civil Division ,p6? Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. MCGOWAN No. 2009 4368 CUSTODIAN OF RECORDS FOR: DR GARRISON MORIN ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FILMS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ I NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( } RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR GARRISON MORIN CUMBERLAND R387832-07 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COON rY OF CUNIDa2LAND ROGERS, ET AL Vs. MCGOWAN File No. 2009 4368 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCImENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RURAL OUTREACH ARTHRITIC, 2010 DOCTOR OATES STE 104, MARTINSBURG WV 254 (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 orSgsr?? -- at MEDICAL LEGAL REPRODUCTIORS, NC, 4940 N gA -- --- (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde:- cxxrpe 11 i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ALLYN M STARRY, ESQ ADDRESS: 7535 WINDSOR DR -- AT LENTOWN; PA 18195 TELEPHONE: SUPREME OOURT ID # ATTORNEY FOR: R387832-08 DATE : 6-31-11 DEFENDANT Seal of the Court BY THE COURT': `' Prot /Cler , Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA ROGERS, ET AL Vs. MCGOWAN No. 2009 4368 CUSTODIAN OF RECORDS FOR: RURAL OUTREACH ARTHRITIC ANY AND ALL INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FILMS AND BILLS FOR THE LAST 10 YEARS. PERTAINING TO: NAME: TERRY WAYNE ROGERS ADDRESS: 177 CEARFOSS AVE MARTINSBURG WV DATE OF BIRTH: 05/09/63 SSAN: XXXXX7475 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or RURAL OUTREACH ARTHRITIC CUMBERLAND R387832-08 * * * SIGN AND RETURN THIS PAGE 0115525420.1-B37 LAW OFFICES OF TWANDA TURNER-HAWKINS ATTORNEY FOR DEFENDANTC o 'r ALLYN M. STARRY Ryan McGowan .43 w Identification No. 89027 Iron Run Corporate Center �n "flrrl 7535 Windsor Drive, Suite 101-B -- Allentown, PA 18195-1032 °a Telephone: (610) 398-5486 -o o� TERRY W. ROGERS AND COURT OF COMMON PLEASi,x N ARLENE J. ROGERS AND OF CUMBERLAND COUNTY ROSEMARY L. LIVINGOOD NO. 2009-4368 Civil Term V. RYAN MCGOWAN ORDER TO SETTLE,DISCONTINUE &END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled discontinued and ended. C�)- -�\ l l2.;�\3 Bradley J. Reed, Esquire Attorney for Plaintiffs: Terry W. Rogers and Arlene J. Rogers and Rosemary L. Livingood Telephone No.: 301-791-6000 1936 Dual Highway Hagerstown,MD, 21740