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Home My WebLink About09-4993IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Gina R. Bream and Civil Action - Law Thomas A. Bream, Individually and on behalf of Cody T. Bream, a minor, Plaintiffs vs. Toys "R" Us, Inc., Defendant No. CA - H9g3 l'ivi l Texnn PRAECIPE To: Curtis Long, Prothonotary Please enter my appearance on behalf of the above captioned Plaintiffs and issue a Writ of Summons against the Defendant, Toys "R" Us, Inc., 3500 Capital City Mall Drive, Camp Hill, Pennsylvania, 17011. Respectfully submitted, DILORETO, COSENTINO & BOLINGER PC LAW OFFICES Mown. Cosmwo & Baw.ER Pc 330 LINCOLN WAY EAST P.O. BOX 806 CHAMBERSBURG,PA 17201 Date: July 22, 2009 By C Li L- ?? ?' iPhilip S. osentino Attorney for Plaintiffs Attorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 FILES i; E OF THE FC1-ITP", J. TAP 2009 JUL 23 PH 12: 58 +'78.50 P 0 AIT I cea'7s'7o QTRg 3(03 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS GINA R. BREAM and Court of Common Pleas THOMAS A. BREAM, individually and on behalf of CODY T. BREAM, a minor Plaintiff Vs. No 09-4993 TOYS "R" US, INC. 2500 CAPITAL CITY MALL DRIVE CAMP HILL, PA 17011 In CivilAction-Law Defendant To TOYS "R"US, INC, You are hereby notified that GINA R. BREAM and THOMAS A. BREAM, individually and on behalf of CODY T. BREAM, a minor, the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) C is R. Lon P of Date 7/23/09 By Deputy Attorney: PHILIPS. COSENTINO, ESQUIRE Name: Address: DILORETO, COSENTINO & BOLINGER PC 330 LINCOLN WAY EAST PO BOX 866 CHAMBERSBURG, PA 17201 Attorney for: Plaintiff Telephone: 717-264-2096 Supreme Court ID No. 30076 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor r0 , OFFICE C T E 5"ERIFF F 7F1 t I I ? 't `;?Ry )j Gina R. Bream vs. Toys "R" Us, Inc. 2009 JUL 31 P11 1: 10 CLI'"xv.ti flr` ?L ?r a47?L W` , a ?, fa Case Number 2009-4993 SHERIFF'S RETURN OF SERVICE 07/29/2009 02:35 PM - Jason Vioral, Corporal, who being duly sworn according to law, states that on July 29, 2009 at 1435 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Toys "R" Us, Inc., by making known unto Gene Worley, Manager at 3500 Capital City Mall Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 July 30, 2009 SO ANSWERS, f?ftwe&g,. R THOMAS KLINE, SHERIFF Dep heriff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GINA R. BREAM and CIVIL ACTION - LAW THOMAS A. BREAM, individually and on behalf of CODY T. BREAM, : a minor JURY TRIAL DEMANDED V. TOYS `R' US-DELAWARE, INC. : No. 09-4993 (incorrectly identified as Toys "R" Us, Inc.) RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the plaintiffs to file a Complaint within twenty (20) days or suffer a judgment of non pros. LL?JN & BLATCHER F>CIS S. BLATCHER, ESQ. Attorney for Defendant Attorney ID No. 43642 blatcher@mallonblatcher.com 12 S. Monroe Street Media, PA 19063 610.891.8400 RULE AND NOW, this ?'?day of , 2009, plaintiff is hereby ORDERED to file a Complaint or suffer a judgment of non p1cos. RLr-G-(>r' -CE OF THE R- T- "(*!OTARY 2009 AUG 20 AM Ill: 15 +1} +?mi. jjiig? ?.I :,i V.ni 13fJt j rho-.J1y1 1114 3 P"E,i';i"V"S?e?LVA Vii; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GINA R. BREAM and CIVIL ACTION - LAW THOMAS A. BREAM, individually and on behalf of CODY T. BREAM, : a minor JURY TRIAL DEMANDED V. TOYS `R' US-DELAWARE, INC. : No. 09-4993 (incorrectly identified as Toys "R" Us, Inc.) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Toys "R" Us-Delaware, Inc. (incorrectly identified as Toys "R" Us, Inc.) in the above-captioned matter. Defendant demands a jury trial with twelve (12) jurors and two (2) alternates. MALLON & BLATCHER BY: F IS S. BLATCHER, ESQ. Attorney for Defendant Attorney ID No. 43642 blatcher@mallonblatcher.com 12 S. Monroe Street Media, PA 19063 610.891.8400 OF T R??fr'CE PfyQIlJrVOTAPY 2209 AUG 20 AM 1 C : 15 C' .. j 3 t.V , i 2~I s FL~~ ~~ F`~ 3~ ~;~ ~ ~ '-r,,. . _ f i t _~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Gina R. Bream and Civil Action -Law Thomas A. Bream, Individually and on behalf of Cody T. Bream, a minor, Plaintiffs vs. No. 2009-4993 Toys "R" Us, Inc., Defendant PLAINTIFFS' REPLY TO NEW MATTER NOW comes the Plaintiffs and in reply to the New Matter contained within the Defendant's Answer state: 26. - 27. The allegations contained in paragraphs 26 and 27 are conclusions of law to which no response is required. 28. It is denied that Plaintiffs' abused and/or misused the product. On the contrary, the bicycle as assembled and sold by the Defendant was defective as set forth in paragraph 15 of the Complaint, and Defendant was negligent in assembling, inspecting and failing to warn the Plaintiff of a dangerous condition as set forth in paragraph 19 of the Complaint. Furthermore, Defendant breached the warranties of merchantability, and fitness for a particular purpose, uw oFFX~s o~~o,cos~~0 as set forth in paragraphs 23 and 24 of the Complaint. ~ Bay Pc ~o uHCOUV wAV EAST P.O. BOX B66 CHAMBERBBUR(i, PA 17201 29. - 32. The allegations contained in paragraphs 29 through 32 are conclusions of law to which no response is required. WHEREFORE, Plaintiffs demand damages against the Defendant in an amount in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, DILORETO, COSENTINO & BOLINGER PC Date: February 17, 2010 By ~-~ ~• ~ G~~tJ Denis M. DiLoreto, Esquire Attorney for Plaintiffs Attorney I.D. #16311 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 uw o~icEs DiLa~TO, CoseNrra ~ BoLNOER vc 330 LINCpIN WAY EAST P.O. BOX B66 CHAMBERSBURO,PA 17201 I verify that the statements made in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (~ Y l~ DATE: February ~ 7 , 2010 Thomas A. Bream, Individually and On behalf of Cody T. Bream, a minor uw o~icEs DQa~TO, CosErrrwo d BouicEn ro 330 UNCOUV WAY EAST P.O. BOX 886 CNANIBERSBUHG, PA 17201 I verify that the statements made in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. uw o~ICEs DILaNEro,CoseNrwo & BoLr+cEn Pc 330 LINCOLN WAY EAST P.O. BOX 886 CHAMBERSBURG,PA 17201 DATE: February ~ , 2010 ~' Gina R. Bream, Individually and On behalf of Cody T. Bream, a minor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Gina R. Bream and Civil Action -Law Thomas A. Bream, Individually and on behalf of Cody T. Bream, a minor, Plaintiffs vs. No. 2009-4993 Toys "R" Us, Inc., : Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the within Plaintiffs' Reply to New Matter upon the person(s) and in the manner indicted below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Francis S. Blatcher, Esquire Mallon &Blatcher 12 South Monroe Street Media, PA 19063 uw o~X~s DlLort~o, CosENrlno 6 Batrw~n Pc 330 LINCOLN WAY EAST P.O. BOX 886 CHAMBERSBURG,PA 17201 Date: February 24, 2010 Respectfully submitted, DILORETO, COSENTINO & BOLINGER PC Y Denis M. DiLoreto, Esquire Attorney for Plaintiffs Attorney I.D. #16311 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GINA R. BREAM and THOMAS A. BREAM, individually and on behalf of CODY T. BREAM, a minor CIVIL ACTION -LAW JURY TRIAL DEMANDED v. TOYS `R' US-DELAWARE, INC. No. 09-4993 (incorrectly identified as Toys "R" Us, Inc.) C7 0 ~.:: C ~' -- o -n :-r~ a~' .._. t'r-t r . .~ ' r ~ # ~ r~ `!' *' ~S1 ! 7 ~'1 ~ ~. YR o c~~rr~ ~ ~ STIPULATION It is hereby stipulated and agreed by and among all counsel that Defendant in the above matter, Toys "R" Us, Inc. has been incorrectly named and the correct corporate name should be read as Toys "R" Us-Delaware, Inc. All pleadings and prior filings refemng to Defendant, Toys "R" Us, Inc. will now be interpreted to have been asserted against Defendant, Toys "R" Us- Delaware, Inc. F CIS S. BLATCHE SQUIRE Attorney for Defendant & BLA Dated: S o l~ Fr is S. Blatcher, Esq. A rney for Defendant A orney ID No. 43642 blatcher@mallonblatcher.com 12 S. Monroe Street Media, PA 19063 610.891.8400 Attorney for rlalnritt ,;_ ;,,_ ~ ~~~Y 2Q10 ~~f~Y 18 Fri 3~ 2b CUP,~~,[[~__ ~:~ ~ ~ '~~,~!~Si~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GINA R. BREAM and THOMAS A. BREAM, individually and on behalf of CODY T. BREAM, CIVIL ACTION -LAW a minor v. JURY TRIAL DEMANDED TOYS `R' US-DELAWARE, INC. No. 09-4993 (incorrectly identified as Toys "R" Us, Inc.) STIPULATION It is hereby stipulated and agreed by and among all counsel that Defendant in the above matter, Toys "R" Us, Inc. has been incorrectly named and the correct corporate name should be read as Toys "R" Us-Delaware, Inc. All pleadings and prior filings referring to Defendant, Toys "R" Us, Inc. will now be interpreted to have been asserted against Defendant, Toys "R" Us- Delaware, Inc. ~%r= CiS S. BLATCHER, ESQUIRE ~v for Defendant Dated: ~I I ~ ~~ ~ S. COSEIv'TINO, ESQUIRE V for Plaintiff & BLATCHER ands S. Blatcher, Esq. Attorney for Defendant Attorney ID No. 43642 blatcher@mallonblatcher.com 12 S. Monroe Street Media, PA 19063 610.891.8400 T"t~~.1"~,~i ~"'" ~ ~~.r ;/rte}~~1.r r I~ ~•~jl ~i.. ~: 617 ', (i I +~A~ CERTIFICATE zo~a ~~~~ ~o ~ 2~ 3 ~ PREREQUISITE TO SERVICE OF A S pENA .., ~.,,.1, , PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas -Cumberland County, PA GINA BREAM, ET AL. ~~: / / vs. TOYS-R-US CASE No: 2009-4993 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of _ FRANK BI .AT .R Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. A. t ,~:. ,. .~ <~ Date : 06/14/2010 ---- - ,~-. RecordTrak on behalf of /S/ FRANK BLATCHER Attorney for Defendant RT#: 2022b5 RECORDS PERTAIN TO: CODY T. BREAM GINA BREAM, ET AL. COURT: Court Of Common Pleas -Cumberland County, Pa vs. TERM: / / TOYS-R-US DOCKET: 2009-4993 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: PHIL COSENTINO DILORETO, COSENTINO & BOLINGER PO BOX 866 330 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 (717) 264-2508 May 24, 2010 Please take notice that on behalf of FRANK BLATCHER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until June 14, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY June 14, 2010 TO (610) 992-1405. A11 records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECOrtnTxAx 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN TERIALS BEING OBTAINED 9 PENN STATE MED CTR 1. ALL MEDICAL RECORDS IN YOUR POSSESSION FROM *HERSHEY RSHEY MED CTR DICAL CENTER PHYSICIANS GROUP* ***ONLY***.PLEASE BE SURE HYSICIANS GRO O INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED STORAGE. 10 QUANTUM IMAGING & 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL RAPEUTIC ASSOC * CORP STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, CCOUNT SLiNINIARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS TTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION.2. ALL MEDICAL RECORDS IN YOUR OBSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST SULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS CEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE ATIENT'S INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL CHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.****INCLUDING BUT NOT LIIvIITED TO RECORDS DATED 7/26/2007. * ** GINA BREAM, ET AL. vs. TOYS-R-US 11 CITIZENS HOSE OMPANY #1 - DILLSBURG MS COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2009-4993 1. ANY AND ALL RECORDS PERTAINING TO CODY BREAM. Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: -------------------------------------------------------------------------------------------------------------------- YES, IAGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff s Counsel: FIRM: EMAIL: Date: Page 2 RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG 9 LOCATION: PENN STATE MED CTR (HERSHEY MED CTR PHYSICIANS GRO RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-05-1795, DOB: 05/17/1995 I. ALL MEDICAL RECORDS IN YOUR POSSESSION FROM *HERSHEY MEDICAL CENTER PHYSICIANS GROUP* ***ONLY***.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. Z`O; PENN STATE MED CTR (HERSHEY MED RECORDTRAIC CTR PHYSICIANS GRO 651 Allendale Road P.O. BOX 850 P. O. Box 61591 HERSHEY, PA 17033 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERE.Ai~ID ~1na Bream, et a1. v Toys-R•Us Fife NO. 2009-4993 TO: PENN STATE MILTON S. HERSHEY MEDICAL CLNTEK(med) (Name of Peraoa or ErrtitY3 Within lwerrty {20} days afbr service of this subpoena, you are ordered !ry the Court to produce fife foiiowing doctanents or things: c~~ d'~"i'~6bi68 &'s~8 . at gecardTraic, 651 Alion~[egd.,pQ~Qx g'fS91. ~jnct of Prussis,,PA i949t3. Yau may deliver or rrslaii iegibie copies of the documents or {~raduce tt>rings requested by this subpoena, together with the certificate of cornpiiatnce, to the party mKxking this request at the address listed above. You may have the right to seek in advance the reasonable cast of prepttrinq copies or producing the things sought. If you fait to produce the documents or things required by thi:a: subpoena within twenty (ZO} days after its servic®, the party s$rvir:q #his subpoena may seek a court order campeiiirtq you to comply with it, TH1S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FO~.LOWtNG PERSON: Name: RecordTrakL Frank Biatt:her, Esq. Address: 651 Allendale Rd, PO Box 81591 ~,Cin at Prussia. PA 19406 Teiepltone: 800-801-7620 Supreme Court iD# Attorney tor: DATE: a~ ~~ Seal,.off a 4urt ~3Y THE COURT: l F~rothanotarylCie , Civil Division RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG 10 LOCATION: QUANT[JM IMAGING & THERAPEUTIC ASSOC * CORP RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-05-1795, DOB: 05/17/1995 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION.2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTTONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENT'S INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.****INCLUDING BUT NOT LIMITED TO RECORDS DATED 07/26/2007. TO: QUANTUM IMAGING & THERAPEUTIC RECORDTRAg ASSOC * CORP 651 Allendale Road 629-D LOWTHER ROAD P. O. BoX 61591 LEWISBERRY, PA 17339 King of Prussia, PA 19406 CQMMUfiiWEALTH OF PENNSY4VAN~A CGtJNTY QF CUMSERLANi3 Gina Bream, et at. v Toys-R-Us. TO: QUANfiiM Il'tAGIi~G & 'FNERAPE[fTIC ASS~C*CORP File Na. 2009-4993 (Namur or Pe~ra+on or EntftYl Within Mrsnty (20j days after service of this subpoena, you ace ordered by th~a Court to produce the foilowing documents or things: at Reca~,~',~„k 861 Ailen~a~~ Rd PQ,~ox 89581 ~~ of Prussia P~~ 194. You may deliver ar Ittaii legi5~ copies of the docutttents or praduce things requested by this subpoena, together whit the certificate vt compiiance, to tits party making this request at the addt~ess hated atsove. Yau may stave the right to seek in advance the reasvnabie cast of preparing copies or producing the things sought. K you fait to produce the documents ar tttirtgs required by this subpoena within twenty (zoj days after its service, the party serving this subpoena may seek a court onset compeiling y~I to comply with it. THIS SUBPUENA WAS ISSUED AT THE REt~UEST t?F THE FOLLGiNING PERSCIN: Name: RecordTrak. Frank Blatcher, Esq. Address; 651 Aliendaie Rd. PO Box 61594 ~Cnc~of Prussia. PA 194ti6 Telephone: 8th-8(3'1-7620 Suprt?3me Court iD~ . Attorney far. DATE: ,,;; ::.,~~ .~`~~ ,- .- .~e~f-~ .s!U~". E COURT: Prothonotary(Cie ,Civil Division ~,: RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG 11 LOCATION: CTITZENS HOSE COMPANY # 1 - DILLSBURG EMS RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-OS-1795, DOB: 05/17/1995 1. ANY AND ALL RECORDS PERTAINING TO CODY BREAM. TO: CITIZENS HOSE COMPANY #1 - DILLSBURG RECORDTRAB EMS 651 Allendale Road 4 WEST MAIN STREET P. O, BoX 61591 SHIREMANSTOWN, PA 17019 King of Prussia, PA 19406 t ~ COt~iMONWEALTH OF PEI~NSY1_VAMtA COUNTY OF GUMBERL.AND Gina Bream, of al. v Toys-R-Us 6~i1+~ iVo. 20p9-4993 TO; CIT'IZEN' HOSE C(7i9PANY #1-DTLLSBLiRG avNlS tlVaeno of Fersan or EMity} '~ Within twenty (2ti}days after service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE A4'TACiiE~ RID$R. at RecordT~~1~te {e . P~ Ba~C li1SS,~,~ina of Prussia. p~y,1e40t;. You may de{fiver or rrea{{ ieq{bie captea of the datumerets or produce #hings requested isy this subpoena, together with the certificate of compliance, to the party rnakireg this request at the address i{sled above. You may have the eight to seek in advance the reasor:abie cast of preparing copies ar producing the things sought 1f you tali to produce the documents or things raga{read by this subpoena within twenty j211} days after its service, flee party serving this subpoer>ta :feay seek a court order compel{fine you to comply with it, THIS SUBPt3ENA WAS ISSUED AT THE REQUEST OF Tf~E FO[.L.OWtNG PERSON: Name: Re~ordTrak,,, Frank Biatci-ler, Esq. ,_,_ Addrsess; 851 A!l~nciaie Rd. P4 Box 8159 Kir~,q of Prussia. PA 1 8406 Telephone; 8~~Of-762Q B E Ct?URT: Suprerefe Court lD# Attom®y lor. onotarylC ric, Civil Division t' yy t ~, r1,(-`?~ CERTIFICATE 2060Jl'~. _b ~~~ 2_ ~~ PREREQUISITE TO SERVICE OF A SUBPOENA CLf~rd - ,~ iP,,i't~ `- v• t e . PURSUANT TO RULE 4009.22 r'F ~~~~ }L'~'r``~, 4i IN THE MATTER OF: Court of Common Pleas -Cumberland County, PA GINA BREAM, ET AL. TERM: / / vs. TOYS-R-US CASE No: 2009-4993 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of _ FRANK BLATCHER Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 06/30/2010 ... f ,. ~ W, . k i r ! ..y»....» .. {fa ~ ~ ..,~.. ~. RecordTrak on behalf of /S/ FRANK BLATCHER Attorney for Defendant RT#: 202265 RECORDS PERTAIN TO: CODY T. BREAM GINA BREAM, ET AL. COURT: Court Of Common Pleas -Cumberland County, Pa vs. TERM: / / TOYS-R-US DOCKET: 2009-4993 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: PHIL COSENTINO DILORETO, COSENTINO & BOLINGER PO BOX 866 330 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 (717)264-2508 June 10, 2010 Please take notice that on behalf of FRRNK BLATCHER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until June 30, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY June 30, 2010 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECO[tvTRAx 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN TERIALS BEING OBTAINED 12 PENN STATE MILTON S. 1. ALL MEDICAL RECORDS DATED **** 07/26/06 TO PRESENT **** RSHEY MEDICAL CENTER NLY. **INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. DAVID D)( C. GOODSPEED *** 13 PENN STATE MILTON S. 1. ALL BILLING RECORDS TN YOUR POSSESSION, ***INCLUDING BUT RSHEY MEDICAL CENTER OT LIMITED TO RECORDS FROM 07/26/07*** *INCLUDING BUT NOT (BILL) IMITED TO RECORDS FROM DR. DAVID C. GOODSPEED *** INCLUDING L STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE CORDS, ACCOUNT SLtNINIARIES, PAYMENTS, TOTAL CHARGES, ALL OUNTS WRITTEN OFF,BALANCE DUE AND ANY OTHER PATIENT CCOUNT RECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE TTACHED CERTIFICATION AND RETURN WITH THE RECnR1~C********* GINA BREAM, ET AL. vs. TOYS-R-US 14 ORTHOPEDIC INSTITUTE * PA (DAILEY) COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2009-4993 . ALL BILLING RECORDS IN YOUR POSSESSION, ***INCLUDING BUT TOT LIlVIITED TO RECORDS FROM 07/26/07 **** INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS VRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT :ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED :ERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL ~DICAL RECORDS IN YOUR POSSESSION. ***INCLUDING BUT NOT dMITED TO RECORDS FROM 07/26/06 ** INCLUDE OFFICE AND HAND VRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, .ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, IUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION HEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ,LL RECORDS LOCATED IN STORAGE.********PLEASE SIGN THE ,TTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* **INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. STEPHEN W. IATT FV **** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: ------------------------------------------------------------------------------------------------------------------------------------ YES, IAGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff s Counsel: FIRM: EMAIL: Page 2 Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Gina Bream, et al. v Toys-R-Us ~~ PR ~7 File No. 2009-4993 RY TO: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (med) (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: $F F~rTT A!'~~~r~r. n at RecordTrak. 651 Allendale Rd. PO Box 61591, Kina of Prussia. PA 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance~the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, Frank Blatcher, Esq. Address: 651 Allendale Rd, PO Box 61591 King of Prussia, PA 19406 Telephone: 800-801-7620 BY THE COURT: Supreme Court ID# Attorney for: DEFENDANT , DATE- : " _ _ _; ; ~ U ~ 0 Sea%sif h~ court Prothonotary/CI rk, Civil Division RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG 12 LOCATION: PENN STATE MII.,TON S. HERSHEY MEDICAL CENTER (MED)( RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-OS-1795, DOB: 05/17/1995 1. ALL MEDICAL RECORDS DATED * * * * 07/26/06 TO PRESENT * * ONLY. **INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. DAVID C. GOODSPEED *** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Gina Bream, et al. v File No. 2009-4993 Toys-R-Us THINGS F TO: PENN STATE MILTON S. HERSHEY MEDICAL CENTER bill) (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: .~.Fl'w-+ T~sise~eSV-pel~~4~e at RecordTrak 651 Allendale Rd, PO Box 61591, King of Prussia. PA 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (ZO) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, Frank Blatcher, Esq. . Address: 651 Allendale Rd, PO Box 61591 Kinp of Prussia, PA 19406 Telephone: 800-801-7620 B TH OURT: Supreme Court lI?# Attorney-for: DEFFNI3A`IVT ~ ~,.- - - - __ Proth notary/Clerk, Civil Division DATE: = -~ -~; _ . - 1 p C~utt ~~~ o ~ti RE; GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG 13 LOCATION: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (BILL) RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-OS-1795, DOB: 05/17/1995 1. ALL BILLING RECORDS IN YOUR POSSESSION, ***INCLUDING BUT NOT LIlvII"I'ED TO RECORDS FROM 07/26/07*** *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. DAVID C. GOODSPEED *** INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUNIlvIARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Gina Bream, et al. v File No. 2009-4993 TO: Toys-R-Us 1=~;Z~1~1T_1 ORTHOPEDIC INSTITUTE*PA OR THIN (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED RIDER. at RecordTrak. 651 Allendale Rd, PO Box 61591. Kinp of Prussia, PA 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, Frank Blatcher, Esq. Address: 651 Allendale Rd, PO Box 61591 King of Prussia, PA 19406 Telephone: 800-801-7620 BY T COURT: Supreme Court ID# Attorney for: nF.FF.Ni~AN'L„ DATE: 3 ~t !~ Seal of a ourt Proth notary/Cler ,Civil Division RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG 14 LOCATION: ORTHOPEDIC INSTITUTE * PA (DAILEY) RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-05-1795, DOB: 05/17/1995 1. ALL BILLING RECORDS IN YOUR POSSESSION, ***INCLUDING BUT NOT LIlvIITED TO RECORDS FROM 07/26/07 **** INCLUDING ALL STATEMENTS, TI'EMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WTTH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. **INCLUDING BUT NOT LIlvIITED TO RECORDS FROM 07/26/06 ** INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* ***INCLUDING BUT NOT LINIITED TO RECORDS FROM DR. STEPHEN W. DAILEY **** ~~ '.,~ ;~tJ~i~EG~~07~;P,~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPO~~r~ ~„;j~ COU~T'1~ ~~~y~~~~ -'L~IA~~IA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas -Cumberland County, PA GINA BREAM, ET AL. TERM: / / vs. TOYS-R-US CASE No: 2009-4993 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of FRANK BLATCFLF.R Defendant certifies that (1 } A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ,..: . f F'~.:r. y... ..s~ Date : 09/16/2010 `..1~_.,,.~... RecordTrak on behalf of /S/ FRANK BLATCHER Attorney for Defendant RT#: 202265 RECORDS PERTAIN TO: CODY T. BREAM GINA BREAM, ET AL. vs. TOYS-R-US COURT: Court Of Common Pleas -Cumberland County, Pa TERM: / / DOCKET: 2009-4993 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: PHIL COSENTINO DILORETO, COSENTINO & BOLINGER PO BOX 866 330 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 (717)264-2508 August 27, 2010 Please take notice that on behalf of FRANK BLATCHER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until September 16, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY September 16, 2010 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECO~tnTnflx 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN TERIALS BEING OBTAINED 15 JONES DALY COLDREN & 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL SSOC (DR. LOVE, DR. STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, OLDREN) CCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS TTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR OBSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST SULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS CEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE ATIENT'S INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL CHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.****INCLUDING BUT NOT LIlVIITED TO THE RECORDS OF DR. SHERIE LOVE AND DR. ROBERT COLDREN.**** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. GINA BREAM, ET AL. vs. TOYS-R-US SIGNATURE: COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2009-4993 Date: FIRM: ---------------------------------------------------------------------------------------------- YES, IAGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiffs Counsel: FIRM: EMAIL: Date: Page 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Gina B ream, et al. v File No. 2009-4993 Toys-R•~ NJs SUBPOE,~VA TO PRODUC TO: J:)NES DALY COLDREN AND ASSOCIATES (Name of Person or Entity) Within fins r;:nty (20) days after service of this subpoena, you are ordered by the Court to produce the following docum~r;:nts or things: CFF emmer;,~n~a~ at RecordTrak. F'i1 Allendale Rd. PO Box 61591, Kina of Prussia. PA 19406. You ma~~ deliver ar mail legible copies of the documents or produce things requested by this subpoena, toge~ i~er with the certificate of compliance, to the party making this request at the address listed above. You ma~~r have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. tf you f2~ i I to produce the documents or things required by this subpoena within twenty (20) days after its service, the warty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPO~N:NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Recorc. °~rak, Frank Blatcher, Esq. , Address: 651 ,~~Ilendale Rd. PO Box 61591 Kin ;;~ of Prussia, PA 19406 Telephone: E~~)0-801-7620 HE COURT: Supreme Coy. rk ID# Attorney for: DEFENDANT ~ Prothonotary/Clerk, Civil Division DATE: 3 tl !a u Seal o t Court RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 2009-4993 RECORDTRAK FILE #: 202265; TAG I S LOCATION: JONES DALY COLDREN & ASSOC (DR. LOVE, DR. COLDREN) RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-OS-1795, DOB: 05/17/1995 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENT'S INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.****INCLUDING BUT NOT LIlVIITED TO THE RECORDS OF DR. SHERIE LOVE AND DR. ROBERT COLDREN.**** i FILED-OFFICE OF THE PROTHONOTARY CERTIFICATE 2M NOV 29 F4. 3' 51 PREREQUISITE TO SERVICE OF A SUBPOEWI B E R L A N D COUNTY PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA GINA BREAM, ET AL. TERM: vs. TOYS-R-US CASE No: 2009-4993 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of FRANK BLATCHER Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. C/ R Date : 11/01/2010 RecordTrak on behalf of /S/ FRANK BLATCHER Attorney for Defendant RT#: 202265 RECORDS PERTAIN TO: CODY T. BREAM GINA BREAM, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa VS. TERM: / / TOYS-R-US DOCKET: 20094993 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: PHIL COSENTINO DILORETO, COSENTINO & BOLINGER PO BOX 866 330 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 (717) 264-2508 October 12, 2010 Please take notice that on behalf of FRANK BLATCHER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until November 1, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY November 1, 2010 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTxAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG ,RECORD CUSTODIAN I MATERIALS BEING OBTAINED 17 PENN STATE MILTON S. 1. ALL MEDICAL RECORDS IN YOUR POSSESSION DATED ***06/01/1999 HERSHEY MED CTR(Iv ED)(99- O 07/26/2007*** ONLY.PLEASE BE SURE TO INCLUDE ALL ARCHIVED /26/ CORDS AND ALL RECORDS LOCATED IN STORAGE. ***PLEASE BE SURE TO INCLUDE RECORDS FROM THE DEPARTMENT OF PSYCHIATRY.*** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE GINA BREAM, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / TOYS-R-US DOCKET: 2009-4993 Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 l , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Gina Bream, et al. V Toys-R-Us File No. 2009-4993 TO: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED RIDER. at RecordTrak 651 Allendale Rd. PO Box 61591, King of Prussia. PA 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, Frank Blatcher, Esq. Address: 651 Allendale Rd, PO Box 61591 King of Prussia, PA 19406 Telephone: 800-801-7620 Supreme Court ID# Attomey for: nFFRNnAbIT BY 7E COURT: 2A Prothonotary/Cle , Civil Division DATE: $A,/to Seal t Court RE: GINA BREAM, ET AL. vs. TOYS-R-US CASE NO. 20094993 RECORDTRAK FILE #: 202265; TAG 17 LOCATION: PENN STATE MILTON S. HERSHEY MED CTR(MEDx99-7/26/ RECORDS PERTAIN TO: CODY T. BREAM SS #: 999-05-1795, DOB: 05/17/1995 1. ALL MEDICAL RECORDS IN YOUR POSSESSION DATED ***06/01/1999 TO 07/26/2007*** ONLY.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ***PLEASE BE SURE TO INCLUDE RECORDS FROM THE DEPARTMENT OF PSYCHIATRY. * * * Gina Bream and Thomas Bream, Individually and on behalf of Cody T. Bream, a minor vs Case No. 09-499,1 Toy "R" Us, Inc. rnco rM � c2n Statement of Intention to Proceed �., a tva Wit) Q--rj To the Court: �� _ Plaintiffs intends to proceed with the above captione. atl Print Name Philip S. Cosentino Sib Name , Gi Bream and Date: 09/03/13 Attorney for Thomas Bream, individually and on behalf of o y T. Bream, a minor Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle, 551 Pa.360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Gina R. Bream and Thomas A. Bream, Individually and on behalf of Cody T. Bream, a minor, Plaintiffs VS. Toys "R" Us, Inc., Defendant PRAECIPE To: David D. Buell, Prothonotary Civil Action – Lam Er No. 2009-4993 CO Please mark the above captioned matter as settled and discontinued with prejudice. Date: August 12, 2014 LAW OFFICES DILORETO, COSENTINO & BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG, PA 17201 Respectfully submitted, DILORETO, COSENTINO By & BOLIN ER PC Philipsentino Att6rney or Plaintiffs— Attorney laintiffsAttorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096