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