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HomeMy WebLinkAbout10-4921SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - Sheriff - ~~.,,,~~~, aC ~AUli~r~~,n ~ - ~ ~: Jody S Smith '~ Chief Deputy ~ - ~ ~ ~ :~ ,~_ , ~ :a .~ .~. Richard W Stewart ~OlO AEG 1 0 F~M1'l 10 =QS Solicitor ~~~,rF cF - G ..wF~rr R (~;, ;, ;~-. Heneretta J. Powers (et al.) vs Case Number Stephen E. Barley (et al.) 2010-4921 SHERIFF'S RETURN OF SERVICE 08/03/2010 11:00 AM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on July 30, 2010 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen E. Baney, by snaking known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same ~~ .%/ JASO VIO L, DEPUTY 08/05/2010 04:26 PM -Dennis Fry, Deputy Sheriff, who being duly sworn accordi g to I ,states that on August 5, 2010 at 1626 hours, he served a true copy of the within Complaint an ice, upon the within named defendant, to wit: Tyler S. Barley, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. .~./~ DENNIS Y, DEP SHERIFF COST: $62.00 August 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Y.c GouniySuite Sheriff, Teieosoft. Inc. Lew OFFICES OF HUBSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants S1852 HENERETTA J. POWERS and DENNIS J. POWERS, her husband Plaintiffs vs. TYLER S. BANEY and STEPHEN E. BANEY Defendants aol o AUG023 AM 107.5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, TYLER S. BANEY and STEPHEN E. BANEY, in the above-captioned matter. HUBSHMAN, CAREY & FLOOD By: Z?' Ja es M. Flood, Esquire Attorney for Defendants LAW OFFICES OF HUBSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants 51852 HENERETTA J. POWERS and DENNIS J. POWERS, her husband Plaintiffs vs. TYLER S. BANEY and STEPHEN E. BANEY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that a true and correct copy of a Praecipe for Entry of Appearance and Demand for Jury Trial were served upon all parties this date via United States first class mail at the following address: Attorney for Plaintiffs Andrew C. Spears, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 HUBSHMAN, CAREY & FLOOD Date: By: JAM 6S M. FLOOD, ESQUIRE Attorney for Defendants LAW OFFICES OF HUBSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants S1852 HENERETTA J. POWERS and DENNIS J. POWERS, her husband Plaintiffs vs. TYLER S. BANEY and STEPHEN E. BANEY Defendants aoto A U6 8-3 AM to : 5 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that Defendants' Interrogatories Addressed to Plaintiff, Heneretta J. Powers; Defendants' Interrogatories Addressed to Plaintiff, Dennis J. Powers; and First Request for Production of Documents Addressed to Plaintiff were served upon all parties this date via United States first class mail at the following address: Attorney for Plaintiffs Andrew C. Spears, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 HUBSHMAN, CAREY & FLOOD Date: By: 41- JAMES M. FLOOD, ESQUIRE Attorney for Defendants LAW OFFICES OF HUSSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants 51852 HENERETTA J. POWERS and . DENNIS J. POWERS, her husband . Plaintiffs VS. TYLER S. BANEY and STEPHEN E. BANEY Defendants aoto Ao6 i3 A tits--' s'4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, TYLER S. BANEY and STEPHEN E. BANEY, hereby demand trial by twelve (12) jurors. HUBSHMAN, CAREY & FLOOD By. James M. Flood, Esquire Attorney for Defendants 6 LAW OFFICES OF HUBSHMAN, CAREY & FLOOD BY: JAMES M FLOOD, ESQUIRE jflood I @progressive.com Attorney Identification No. 70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505-3690 Attorney for Def 570-961-7580 Tyler Barley and HC FILE 015D2-S1852 HENERETTA POWERS and DENNIS J POWERS V. TYLER BANEY and STEPHEN BANEY COURT OF COMl CUMBERLAND C NO. 10-4921 CERTIFICATE PREREQUISITE TO SERVICE OF PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things p ?°lr f rJ p C i..-..L U ?1 M° [ 7 a ft'pv ,> Baney iON PLEAS OUNTY to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed sub oena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. LAW OFFICES OF BY: JAMES M FLOG , ES WI Attorney for Def ts, Tyler Baney and Stephen DATE: November 2, 2010 & FLOOD File No. 0151)2-51852 LAW OFFICES OF HUBSHMAN, CAREY & FLOOD BY: JAMES M FLOOD, ESQUIRE jfloodl @progressive.com .Attorney Identification No. 70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505-3690 Attorney for Defen ants, 570-961-7580 Tyler Baney and Stephen Baney HC FILE 015D2-S 1852 HENERETTA POWERS and COURT OF COM ON PLEAS DENNIS J POWERS CUMBERLAND COUNTY V. 'TYLER BANEY and STEPHEN BANEY NO. 10-4921 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND HENERETTA POWERS: Ellen G. Smith, M.D. / Heritage Family Medicine Medical Records Pinnacle Health Systems - Harrisburg Hospital Films Community Imaging System Films Heritage Diagnostic Center Films 'TO: Andrew Spears, Esquire James M Flood, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Noti e period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Rhonda J. Ferraj ice. James M Flood, Esquire, Attorney f r Defendants :Date of Issue: October 12, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENERE?<TTA POWERS, et al Court of Common Plainv f TYLER BANEY and STEPHEN BANEY No. Defendant Subpoena to Produce Documents or Th for Discovery Pursuant to Rule 40119.; TO: Ellen G. Smith M.D. / Heritage Family Medicine (Name qj Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by th Court to produce the following documents or things: Conies of any and all Records rtainin to Heneretta Powers. 2001 Whentworth Lane, Came Hill, PA 17011 DOB: 10/3153• SSN: 546-94-'2370 at 2200 Stafford Arvenue Suite 500, Scranton, PA 18505-3690 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the fallowing person: Date: Name: J< Address: Telephone: 570-961- Supreme Court ID#: Attorney for. Defen( BY THE COURT: David D. Buell, Pr+ PRO P I HENER.ETTA POWERS, et al Court of Common Plaintiff TYLER BANEY and STEPHEN BANEY No. Defendant Subpoena to Produce Documents or for Discovery Pursuant to Rule 40 TO: Pinnacle Health $stems - Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by t Court to produce the following documents or things: Cnuies of any and all Films and X-ra s pertaining to Henere a Powers 2001 Whentworth Lane Cam Hill PA 17011, DOB. 1013!53• SSN: 546-94-2370 at 2200 Stafford Avenue,, Suite 500, Scranton PA 18505-3690 (Address) You may deliver or mail legible copies of the documents or produce things requ sted by this subpoena, together with the certificate of compliance, to the party making this request at the address listed a ove. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND This subpoena was issued at the request of the following person: Date: Name: J: Address: Telephone: 570961- Supreme Court ID#: ; Attorney for: Defew BY THE COURT: David D. Buell, Pr+ PRO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENERETTA POWERS, et al Court of Common Plaintiff TYLER BANEY and STEPHEN BANEY No. Defendant TO: Subpoena to Produce Documents or T] for Discovery Pursuant to Rule 4409 (Name of Person or EWay) Within twenty (20) days after the service of this subpoena, you are ordered by documents or things: Copies of any and all Films and X-rays tpertainigg to Hene Court to produce the following t Powem at 2200 Staffai (Address) You may deliver or mail legible copies of the documents or produce things refit the certificate of compliance, to the party making this request at the address listed al advance the reasonable cast of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within 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- ..i? - Date: Name: Jc Address: Telephone: 570-961- Supreme Court ID#: Attorney for: Defenc BY THE COURT: David D. Buell, Pri PRO by this subpoena, together with You have the right to seek in (20) days after its service, the Suite 500 I 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENERETTA POWERS, et al Court of Common Plaintiff TYLER BANEY and STEPHEN BA14EY No. Defendant Subpoena to Produce Documents or TI for ?Discovery Pursuant to Rule 4009 TO: (Aame of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by documents or things: Conies of any and all Films and X-rays pertaining to Hene: 2001 Whentworth Lane, Camp Will, PA 17011, DOB: 1413153; SSN: 546-1 Name: J,, Address: at 2200 Stafford Avenue, Suite 500, Scranton, PA 18505-3 (Address) Court to produce the following You may deliver or mail legible copies of the documents or produce things n the certificate of compliance, to the party making this request at the address listed 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 with 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: Date: I WS) by this subpoena, together with You have the right to seek in twenty (20) days after its service, the Telephone: 570-961- Supreme Court ID#: Attorney for: Defem BY THE COURT: David D. Buell, Pri LAW OFFICES OF HUBSHMM, CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants S1852 HENERETTA J. POWERS and DENNIS J. POWERS, her husband Plaintiffs vs. TYLER S. BANEY and STEPHEN E. BANEY Defendants FILPRfl()NONO pR`c OF TN 2010 ? C 30 P?`j 12 53 SYA??-V?.O QTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that Defendants' Answers to Plaintiffs' Interrogatories were served upon all parties this date via United States first class mail at the following address: Attorney for Plaintiffs Andrew C. Spears, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 HUBSHMAN, CAREY & FLOOD Date: tZ?zS?I` BY: ( J MES M. FLOOD, ESQUIRE Attorney for Defendants LAW OFFICES OF HLlf SHMAN CAQEY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants ;1852 HENERETTA J. POWERS and . DENNIS J. POWERS, her husband . Plaintiffs VS. . TYLER S. BANEY and STEPHEN E. BANEY Defendants OF xNELFRO TO ONO TAR y? CUPS '',TY fir: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 CERTIFICATE OF SERVICE I, JAMES M. FLOOD, ESQUIRE, do hereby certify that a Notice of Oral Deposition was served upon all parties this date via United States first class mail at the following address: Attomey for Plaint/ffs Andrew C. Spears, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Date: HUBSHMAN, CAREY & FLOOD By: JAMES M. FLOOD, ESQUIRE Attorney for Defendants LAW OFFICES OF HUBSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants S1852 HENERETTA J. POWERS and DENNIS J. POWERS, her husband Plaintiffs VS. TYLER S. BANEY and STEPHEN E. BANEY Defendants STIPULATION AND NOW, this day of Ow THE POTHONOTARY 2011 MAR 28 PM 12: 55 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 2011, it is hereby STIPULATED between the parties that Stephen E. Baney, Defendant, is dismissed from this litigation, with prejudice. By• ?av? James M. Flood, Esquire Attorney for Defendants By: Andrew C. Spears, Esquire Attorney for Plaintiff ,f LAW OFFICES OF HUBSHMAN, CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants S1852 HENERETfA J. POWERS and DENNIS J. POWERS, her husband Plaintiffs vs. TYLER S. BANEY and STEPHEN E. BANEY Defendants STIPULATION -FFICE OF THELPROTHONTARY 2011 MAR 28 PM 12: 55 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 ?h AND NOW, this z a day of M or t , 2011, it is hereby STIPULATED between the parties that Stephen E. Baney, Defendant, is dismissed from this litigation, with prejudice. By: ? James M. Flood, Esquire Attorney for Defendants By: v-' Andrew C. Spears, Esquire Attorney for Plaintiff LAW OFFICES OF HUBSHMAN CAREY & FLOOD By: JAMES M. FLOOD Attorney I.D.#70257 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Phone #570-961-7580 Attorney for Defendants S1852 HENERETTA J. POWERS and DENNIS J. POWERS, her husband . Plaintiffs VS. TYLER S. BANEY and STEPHEN E. BANEY Defendants FILED-OFFICE OF THE PROTHONOTARY 2DI1 MAR 29 PM 3: 31 CUPENNS LVANI l Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 10-Civil-4921 ORDER AND NOW, this Zg day of N1 ar c? ,_;Ol ; it is hereby ORDERED and DECREED that the Defendant, Stephen E. Baney, is dismissed from this litigation, with prejudice. V BY THE COURT: Maiied MCP 3 ? i,l l?? DO V Jwnes M. Flood, Andrew C. Spears, Es (? N ED-VI FiCt THE PROT?,n 90 11 JUL 25 Ply 2: F ! E'UMBERLANU CJJF4 , PENNSYLVANIA A ; Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com HENERETTA J. POWERS, and DENNIS J. IN THE COURT OF COMMON PLEAS POWERS, her husband, COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 10-4921 TYLER S. BANEY Defendant(s) : CIVIL ACTION - LAW PRAECIPE Please mark the above captioned matter settled and discontinued. Dated: 7/18/11 HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com HENERETTA J. POWERS, and DENNIS J. IN THE COURT OF COMMON PLEAS POWERS, her husband, COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 10-4921 : CIVIL ACTION - LAW TYLER S. BANEY , Defendant(s) CERTIFICATE OF SERVICE On July 18, 2011, 1 hereby certify that a true and correct copy Praecipe to Settle and Discontinue was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: 7/18/11 James M Flood, Esq. Hubshman, Carey & Flood 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 HANDLER, HENNING & ROSENBERG, LLP C %?- Andrew . Sp s