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HomeMy WebLinkAbout10-6307IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) KAILA E. GEIDEL, now by marriage KAILA E. NOLEN 31 DeWalt Drive Mechanicsburg, PA 17050 VS. Defendant(s) & Address(es) KEVIN J. SILVA 1207 Sherwood Drive Carlisle, PA 17013 Case No. Id" 4,, 3 6 7 Civil Term Civil Action-- Law PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case C; C] -n - C-) N 1 --: J 7-D Writ of Summons shall be issued and forwarded to Attorne /S a ".Please Circle choice Date : October 4, 2010 ignature of Attorney Pr' t ame: Marcus A. McKnight, III, Esq. Address: 60 West Pomfret Street Carlisle, PA 17013 Telephone #: 717-249-2353 TO: KEVIN J. SILVA Supreme Court ID Number: 25476 • • • • • WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. n 70- 'ed P othonotary/ Jerk, ivil Division Date: `f ?1U by Deputy 94 •oa ?(.a. ?? ? Iii SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~'ll.~L}_aFFICE Sheriff Jody S Smith ~a,,',,tit oC ~wn6~r~~~e ~~ ~~~ ~~~~~E~~~~+~~` Chief Deputy C. = ~ ~ '.~ ~~ ~ (~ ~~'{ 1) ~ ~~ ~~ Y ~ q Richard W Stewart ` ~ =~ ~~~~~~~~~D ~~~~~~ Solicitor arFlcr ~F T ~ E s~.>~IFF Kaila E. Geidel vs. Case Number Kevin J. Silva 2010-6307 SHERIFF'S RETURN OF SERVICE 10/12/2010 07:48 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2010 at 1948 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Kevin J. Silva, by making known unto himself personally, at 1207 Sherwood Drive, 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. A HALL, DEPUTY SHERIFF COST: $33.84 October 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c CountySuite Shenff, Teleosoft. Inc. FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 F'I'LED-OFFICE OF THE PROTHONOTARY 2010 MOV 16 AM 111 31 O PBENRLNANDV AN COUNTY KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 JURY OF TWELVE DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance for Defendant Kevin J. Silva in the above-captioned case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110, as the place notices and papers other than original process may be served. FORRY ULLMAN By:/ pw 7 , Jo A F. Mvlph it JOSEPH F. MURPHY, ESQUI Attorney I.D. No. 78119 FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Entry of Appearance was served, this date, by first-class mail, postage prepaid, addressed as follows: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: P-0, -(0 FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: -7 . /,? 4,, 'LD ? 1- mv"6, JOS F. MURPHY, ESQUIRE FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendant FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 16 AM 11: 31 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 CIVIL TERM JURY OF TWELVE DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter a Rule on the Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. FORRY ULLMAN By: A,-717? f i?1v" 11 Cit. JOS H F. MURPHY, ES UIRE Attorney I.D. No. 78119 2000 Linglestown Road/Suite 301 Harrisburg, PA 17110 717-441-9257 Attorney for Defendant RULE AND NOW, this /L41\&y of () , 2009, a Rule is entered on the Plaintiff to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non pros. Date: 1PROTHONGTAR'Y FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 CIVIL TERM : JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Praecipe for Rule to File Complaint was served, this date, by first- class mail, postage prepaid, addressed as follows: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: JOS H F. MURPHY, ESQ IRE Date: OF THE PROTHONOTARY 2010 NOV 24 PM 3: 27 CUMBERLAND COUNTY PENNSYLVANIA KAR A E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E. NOLEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010 - 6307 CIVIL TERM KEVIN J. SILVA, CIVIL ACTION - LAW Defendant NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E. NOLEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 6307 CIVIL TERM KEVIN J. SILVA, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, this 23rd day of November 2010, comes the Plaintiff, Kaila E. (Geidel) Nolen, by her attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the Defendant, Kevin J. Silva, as follows: 1. The Plaintiff is Kaila E. (Geidel) Nolen, an adult individual residing at 31 Dewalt Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Kevin J. Silva, an adult individual residing at 1207 Sherwood Drive, Cumberland County, Carlisle, Pennsylvania 17013. 3. On October 8, 2008, at approximately 6:00 p.m., the Plaintiff was proceeding southbound on Fairview Street. 3 4. As the Plaintiff proceeded through the intersection of Fairview Street and Route 74, the Defendant, Kevin J. Silva, owner and driver of a 2006 Pontiac G6, struck the right corner of the Plaintiffs' vehicle proceeded into the intersection against the red light. 5. The vehicle driven by the Defendant, Kevin J. Silva, entered the intersection without warning and without stopping at the red light. 6. The vehicle driven by the Plaintiff, Kaila E. (Geidel) Nolen, did not have adequate time to avoid the collision with the vehicle of the Defendant. The Plaintiff s vehicle was struck by the Defendant's vehicle in the left front and door. 7. The impact of the collision between the Plaintiffs' vehicle and the vehicle of the Defendant caused severe and permanent injuries to the Plaintiff, Kaila E. (Geidel) Nolen, who was operating the vehicle at the time of the accident. 8. The impact of the collision caused the Plaintiff to hit the steering wheel of her vehicle. She sustained injuries to her right shoulder, right arm, right hand, her neck, and her upper back. 9. The accident and injuries sustained by Plaintiff was caused by the negligent, careless and reckless actions of the Defendant, Kevin J. Silva. 4 10. Defendant Kevin J. Silva's conduct was negligent, careless and reckless and with disregard and indifference to the rights and wellbeing of others and the Plaintiff in that he was: a. negligent in failing to stop at a red light which was clearly visible; b. negligent in failing to avoid crashing his vehicle into the Plaintiffs' vehicle; C. traveling in and operating his vehicle in a reckless and careless manner; d. negligent in failing to obey traffic stop light; and e. negligent in failing to yield at the intersection to the Plaintiffs' vehicle. 11. The negligent actions of the Defendant, Kevin J. Silva, are the proximate cause of the injuries to the Plaintiff, Kaila E. (Geidel) Nolen. 12. The Plaintiff, Kaila E. (Geidel) Nolen, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 13. The Plaintiff, Kaila E. (Geidel) Nolen, seeks compensation for the medical expenses and wage losses which she has and may incur in the future to treat her injuries. 14. At the time of the collision, the Plaintiff had started a new semester at Harrisburg Area Community College seeking a nursing degree. As a result of the injuries she sustained in the collision, she was unable to attend classes and lost Three Thousand and no/100 ($3,000.00) Dollars in paid tuition for the courses she could not attend. 5 15. The Plaintiff, Kaila E. (Geidel) Nolen, seeks compensation for the permanent injuries which she has sustained. 16. The actions of the Defendant in proceeding through the red light were in reckless disregard for the welfare of the Plaintiff. The Plaintiff seeks punitive damages against the Defendant. WHEREFORE, the Plaintiff, Kaila E. (Geidel) Nolen, seek damages from the Defendant, Kevin J. Silva, in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with punitive damages, interest as permitted by law, and the costs of this litigation. Respectfully submitted, IRWIN & ] VICNIGHT4 Y.C. By: 60 West mfret Street Carlisle, ennsylvama 013 (717) 249- 353 I:t o. 25476 Supreme Co Attorney for plaintiff, Date: November 23, 2010 6 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. KAILA E. (GEIDEL) NOLEN Date: November 23, 2010 7 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, Plaintiff V. KEVIN J. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 6307 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Amended Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph F. Murphy, Esq. 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 IRWIN & M5"IGHT, P.C. By: /MarcusA. Mf Kn h1,-nI, Esquire 60 Wes Pom treet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 24, 2010 8 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 JURY OF TWELVE DEMANDED STIPULATION OF COUNSEL It is hereby stipulated by and between counsel for the above-captioned parties that Subparagraph (c) of Paragraph 10 of Plaintiff's Complaint shall be stricken there from, with prejudice. It is also hereby stipulated by and between counsel for the above- captioned parties that all allegations of "recklessness" and Plaintiff's Prayer for "punitive damages" shall be stricken from the Complaint, without preju4 ;?J J JA;tt? G Jo e , E ire Mar us A. ey for D ndant Att rney f Plaintiff III, Esquire ?= C CZ N C) C= ? .w.y C? i:;j 7 -? r L7 © C) , --. D rr7 N ? -c' 11? Pon "f f JAN -4 AN f^: f r E-1.1 N S `{ Lvib N y FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 -5700 Attorney for Defendant, Kevin J. Silva KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 10-6307 JURY OF TWELVE DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date hereof or a default judgment may be entered against you. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT I . Denied. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. 2. Admitted. 3 The averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 4. Admitted in part and denied in part. It is admitted that Defendant, Kevin J. Silva, was the owner and driver of a 2006 Pontiac G6 at the time of the accident that is the subject of Plaintiff's Complaint. The remaining averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 5. The averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 6. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 7. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 8. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 9. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 10(a)-(e). The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 11. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 12. No response is required. To the extent that a response is required, it is denied that Plaintiff is entitled to the damages identified. 13. No response is required. To the extent that a response is required, it is denied that Plaintiff is entitled to the damages identified. 14. The averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 15. The averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 16. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that This Honorable Court dismiss Plaintiff s Complaint, in its entirety, with prejudice. NEW MATTER 17. The applicable statute of limitations may have expired prior to the proper institution of this action. 18. Plaintiff may have failed to state a cause of action upon which relief can be granted. 19. The incident and/or damages described in plaintiffs' complaint may have been caused or contributed to by plaintiffs. 20. Plaintiff may have been contributorily negligent. 21. The injuries and/or damages alleged to have been sustained by plaintiff were not proximately caused by answering defendant. 22. Plaintiff may have failed to mitigate her damages. 23. Plaintiff may have selected the "limited tort" option under her motor vehicle insurance policy, thereby waiving any claim for non-economic damages that are not found to be serious or disfiguring. 24. Answering defendant hereby avers that the injuries sustained by plaintiff, if any, were not "serious" or "disfiguring" under the relevant statute, thereby negating any non- economic claim by plaintiff. 25. Plaintiffs recovery in this case, if any, is limited by the provisions of 75 PA.C.S.A. Sections 1720 and 1722. WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be dismissed in its entirety, with prejudice. FORRY ULLMAN, PC BY: J C 6 //H F. MU U Y , SQUIRE W DATE: i 2Q,10 VERIFICATION I, Kevin J. Silva, defendant, verify that Defendant's Answer and New Matter to Plaintiffs' Complaint is true and correct to the best of my knowledge, information and belief. 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. Date: IZ114 L2e/6 Kevin J. Silva FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 - 5700 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendants CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Defendant's Answer with New Matter to Plaintiff's Complaint was served, this date, by first-class mail, postage prepaid, addressed as follows: Attorney for Defendant, Kevin J. Silva IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 10-6307 JURY OF TWELVE DEMANDED Marcus McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY ULLMAN, P„C. Z j'.0I to Date: I 1 By: JOSEPM F N r FLED-OFF ICE 0F u LEII A?4 ?2 P 3. 33 ^UMBEPLd3tND. colu , i `;' PLCN, Y, NFiS KAMA E. GEIDEL, now by marriage KAILA E. NOLEN, Plaintiff V. KEVIN J. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 6307 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, this 11th day of January 2011, comes the Plaintiff, KAILA E. GEIDEL, now by marriage, KAILA E. NOLEN, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer to New Matter of the Defendant, KEVIN J. SILVA, as follows: 17. The averments of fact contained in Paragraph seventeen (17) of Defendant's New Matter are conclusions of law to which no answer it required. The averments are therefore denied. 18. The averments of fact contained in Paragraph eighteen (18) of the Defendant's New Matter are conclusions of law to which no answer it required. The averments are therefore denied. 19. The averments of fact contained in Paragraph nineteen (19) of the Defendant's new Matter are specifically denied. On the contrary, The Defendant ran a red light striking the Plaintiff's vehicle. He is solely responsible for causing the collision. 20. The averments of fact contained in Paragraph twenty (20) of the Defendant's New Matter are specifically denied. On the contrary, The Defendant ran a red light striking the Plaintiff's vehicle. He is solely responsible for causing the collision. 21. The averments of fact contained in Paragraph twenty-one (21) of the Defendant's New Matter are specifically denied. On the contrary, The Defendant ran a red light striking the Plaintiff's vehicle. He is solely responsible for causing the collision. 22. The averments of fact contained in Paragraph twenty-two (22) of the Defendant's New Matter are conclusions of law to which no answer it required. The averments are therefore denied. 23. The averments of fact contained in Paragraph twenty-three (23) of the Defendant's New Matter are conclusions of law to which no answer it required. The averments are therefore denied. 24. The averments of fact contained in Paragraph twenty-four (24) of the Defendant's New Matter are conclusions of law to which no answer it required. The averments are therefore denied. 25. The averments of fact contained in Paragraph twenty-five (25) of the Defendant's New Matter are conclusions of law to which no answer it required. The averments are therefore denied. 2 WHEREFORE, Plaintiff, Kaila (Geidel) Nolen, requests that this Honorable Court dismiss the New Matter of the Defendant with costs to the Plaintiff and damages in excess of Fifty Thousand and no/10 ($50,000.00) Dollars. By: Date: January 11, 2011 Respectfully submitted, IRWIN & MgKNIGHT, P.C. Ma us A. fight, III, Esquire Su eme Court D. #25476 60 t Po et Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. KAILA NOLEN Date: JANUARY 11, 2011 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, Plaintiff V. KEVIN J. SILVA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 6307 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph F. Murphy, Esq. Forry Ullman 540 Court Street P. O. Box 542 Reading, PA 19603 IRWIN & GHT, P.C. By: Mar rs A. 60 est Pc PA 1'7043 Date: January 12, 2011 III, Esquire (717) Z49--- ' 3 Supreme Court I.D. No. 25476 4 x FORRY ULLMAN ' r JOSEPH F. MURPHY, ESQUIRE - Attorney I.D. 78119 =L,; c 7 540 Court Street, P.O. Box 542 Reading, PA 19603 L ' -- ' 610-777-5700 Attorney for Defend ;x KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO. 10-6307 CIVIL TERM V. KEVIN J. SILVA, Defendant JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO ANSWER WRITTEN DISCOVERY 1. This civil action arises out of an automobile accident that occurred on October 8, 2008, at the intersection of Fairview Street and Route 74 in South Middleton Township, Cumberland County, Pennsylvania. (See Plaintiffs Complaint). 2. In an effort to prepare a defense to Plaintiffs lawsuit, Defendant served Plaintiff with Interrogatories and a Request for Production of Documents on November 12, 2010. (True and correct copies of the aforementioned discovery requests are attached hereto as Exhibit "A"). 3. Plaintiff failed to answer Defendant's discovery requests within thirty (30) days from the date of service thereof, and on December 15, 2010, January 11, 2011, January 17, 2011, and February 10, 2011, Defendant sent letters to Plaintiff s Counsel requesting answers to Defendant's discovery requests. (True and correct copies of the aforementioned letters are attached hereto, collectively, as Exhibit `B"). I 4t FORRY ULLMAN JOSEPH F. MURPHY, ESQUIRE Attorney I.D. 78119 540 Court Street, P.O. Box 542 Reading, PA 19603 610-777-5700 Attorney for Defendant r c KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO. 10-6307 CIVIL TERM V. KEVIN J. SILVA, Defendant JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, and FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within proposed Order and Motion to Compel was served, this date, by first-class mail, postage prepaid, addressed as follows: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 FORRY, ULLMAN Date: February 22, 2011 By: A, -? A_'? ',?- ? ? JOSEPfI F. MURPHY, ESQUIRE ?X??i'T } 4 FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 CIVIL TERM JURY OF TWELVE DEMANDED DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF KAILA E. NOLEN Defendant serves the within Interrogatories on Plaintiff Kaila E. Nolen and makes demand on Plaintiff to answer same under oath within thirty (30) days after service of the Interrogatories upon you in accordance with Pennsylvania Rule of Civil Procedure 4006. These Interrogatories are continuing and any information secured subsequent to the filing of your Answers, which would have been included in your Answers had it been known or available, is to be supplied by Supplemental Answers. Further, the party to whom these Interrogatories are addressed has a duty to supplement their responses if they know that the responses were incorrect when made or if they know that the t • responses, though correct when made, are no longer true. f IT DEFIMTIONS A. "You" or "Your" means Plaintiff Kaila E. Nolan and her representatives, attorneys or agents. B. "Document" includes the plural and means, without limitation unless otherwise indicated, the original and each copy of any writing, evidence of indebtedness, memorandum, letter, correspondence, telegram, note, minutes, contract, agreement, inter-office communication, bulletin, circular procedure, pamphlet, photograph, slide, photographic negative or transparency, videotape, audiotape, moving picture, study, notice, summary, invoice, diagram, plan, drawing, diary, record or not of telephone conversation, chart, schedule, entry, print, representation, record, report and any tangible item or thing of written, readable, graphic, audible or visual material, or any kind or character, whether handwritten, typed, photocopied, microfilmed, microcarded, or transcribed by any means, including, without limitation, each interim as well as final draft and each revision which is in your possession or subject to the control of you or your present or former partners, agents, employees or representatives, including counsel, any related partnerships or corporations. C. "Describe," "specify," and/or "state" means to set forth fully and unambiguously, using technical terms and words of art, if necessary, each and every fact relevant to the answer called for by the Interrogatory of which you have knowledge. D. (i) "Identify" or "identity" when used with respect to a natural person means to state the person's full name, present or last known business address, present or last known position or business affiliation, all positions or business affiliations during the time period of these Interrogatories, and a general description of the business in which the person is or was engaged in each such positions. r r, (ii) "Identify" or "identity" when used with respect to any other entity means to state its full name and the address of its principal place of business. (iii) "Identify" or "identity" when used with respect to a document means to state the name or title of the documents, the type of document (e.g_, letter, memorandum, telegram, chart, etc.), its date, the person(s) who authorized it, the person (s) who signed it, the person(s) to whom it was addressed, the person(s) to whim it was sent, its present location and its present custodian. If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it and explain the circumstances surrounding, and the authorization for, such disposition, and state the date or approximate date thereof. Documents prepared prior to the period covered by these interrogatories but which relate or refer thereto are to be included. (iv) "Identify" or "identity" when used with respect to any unwritten communication means to state the identity of the natural person(s) making and receiving the communication, their respective principals or employers at the time of the communication, the date, manner and place of the communication, and the substance of the communication. (v) "Identify" or "identity" when used with respect to a meeting means to state the nature of the meeting (formal gathering, conversation, telephone call, etc.), to identify all persons participating, to provide the date, duration, location(s) and to state the substance of the discussion. E. "Person" shall include without limitation all legal persons or entities (eg, natural persons, partnerships, or corporations). F. "Complaint" means the Civil Action filed by you. I INSTRUCTIONS A. To the extent any information called for by these interrogatories is unknown to you, so state, and set forth such remaining information as is known. If any estimate or general description can reasonably be made in place of unknown information, set forth your best estimate or general description, clearly designating the answer as such, in place of unknown information, and the basis upon which the estimate or general description is made. B. To the extent any Interrogatory is objected to, set forth all reasons therefore. If you claim any privilege as a ground for not answering an Interrogatory, whether in whole or in part, describe the factual basis for your claim or privilege in sufficient detail so as to permit the Court to adjudicate the validity of the claim. C. These Interrogatories shall be deemed continuing, so as to require additional answers if further information is obtained between the time the answers are served and the time of trial. Such additional answers shall be served from time to time, but not later than 30 days after such additional information is received. INTERROGATORIES Please state Plaintiff's full names, dates of birth, marital status, social security numbers and each residential address for the five year period immediately preceding the subject incident up to and including the present time, supplying the dates the Plaintiff resided at each address. 2. EMPLOYMENT: State the name and address of each employer for whom Plaintiff has worked for the last ten (10) years, the title/position Plaintiff held with each employer, and the dates Plaintiff began and terminated her employment with each employer. If Plaintiff has been self- employed in the last ten years, state their business addresses, the nature of the work performed, and the period of time during which Plaintiff was self-employed. 3. INJURIES: Describe separately each injury Plaintiff sustained in the incident and the approximate date on which Plaintiff recovered from each such injury. 4. HEALTH CARE PROVIDERS: Identify each health care provider who has examined, treated or rendered services to Plaintiff because of this incident, including the dates of such services. I 5. MEDICAL EXPENSES AND INSURANCE PAYMENTS: State the total amount of medical expenses incurred by Plaintiff that relate to this incident, the amount compensated by first-party benefits, Med-pay benefits, governmental program, or any other form of insurance (and if another form of insurance, identify whether the other form of insurance was an HMO or ERISA-qualified plan), the amount, if any, subject to a lien of any sort, the identity of any lien holder, and the amount claimed to be recoverable at trial. 6. TERMINATION OF MEDICAL SERVICES: When and by whom was Plaintiff last examined or given medical attention for the injuries received in this incident? 7. CONTINUATION OF MEDICAL SERVICES: If Plaintiff is still being treated for the injuries received in this incident, please identify by whom, state how frequently such treatments are being given now, the nature of the treatment being administered, and the extent to which such treatment will be required in the future. 8. PRIOR CONDITION: Explain all prior health problems or injuries and identify the health care providers who have treated Plaintiff in the six (6) years prior to the incident giving rise to this suite. 9. FAMILY PHYSICIAN: Please state the name and address of Plaintiff's family physician(s) for the last ten (10) years. 10. OTHER MEDICAL PROVIDERS Please state the name and address of all health/medical care providers other than Plaintiff's family physician who have treated Plaintiff in the last ten (10) years. 11. PRIOR OR SUBSEQUENT INCIDENTS: If before or after the incident which is the subject of this lawsuit, Plaintiff was involved in any other accident or incident of any kind involving injuries to any part of the body, please state the date of the accident or incident, the type of accident or incident involved, the health care providers who rendered treatment for those injuries, the names and addresses of all insurers that paid for medical treatment and or loss of earnings due to such accident or incident and the caption and docket number of any legal action arising from said accident or incident. 12. DISABILITY: Does Plaintiff contend that she has been permanently injured as a result of this incident? If so, please describe the exact nature of the alleged disability, the degree of disability, and the identity of any health care provider who has either informed Plaintiff that the injury is permanent or who has assigned a degree of disability to any condition. If you expect a health care provider to form an opinion regarding disability, degree of disability, and/or permanency, but he has not yet done so, please identify that health care provider. 13. LOSS OF EARNINGS: (a) Is Plaintiff making a claim for loss of earnings because of this incident; (b) If your answer to 12(a) is, "Yes," please state the total amount of lost earnings being claimed, and the period(s) of time during which the earnings were lost; and explain fully how you calculated the loss claimed. (c) Please state the monthly, (or weekly), rate of pay for Plaintiff at the time of this incident; (d) If you received loss of income benefits of any kind during the period(s) of time for which you contend you were disabled following the subject accident, please state the source and amount of such benefits received, including the names and addresses of all insurers from whom you received such benefits, as well as the claim, policy, and group numbers for each such claim presented. (e) For each date you returned to work following your disability, please state the date on which you returned to work, whether you returned to your pre-accident position, duties, and pay, and, if not, the position, duties, and pay you received upon your return to work. 14. IMPAIRED EARNING CAPACITY: (a) Is Plaintiff making a claim for impaired earning capacity because of this incident; (b) If your answer to 13(a) is, "Yes," please state the total amount of Plaintiff s impaired earning capacity claim, explain fully how the claim was calculated, and identify who calculated the claim. A 15. ECONOMIC LOSS CLAIMS OTHER THAN PAST MEDICAL EXPENSES, LOSS OF EARNINGS AND PAIRED EARNING CAPACITY If you are presenting a claim for any costs or expenses, including, but not limited to, out-of pocket expenses, future medical expenses, or any other expenses of any kind not identified in answers to Interrogatories 5, 12, or 13, state the nature of the cost or expense, the amount of the cost or expense, and set forth the calculations used to arrive at the amount claimed. 16. STATEMENTS: Has Plaintiff or anyone acting on Plaintiff's behalf obtained any statements, reports, memorandum or testimony in any form from any person who has knowledge of this incident? If so, please identify from whom the statement was taken, the date of the statement and provide a copy in answer to this Interrogatory. 17. WITNESSES: (a) Please identify any witness who has any knowledge of or information as to the facts pertaining to this incident. (b) Please provide a summary of the information which each witness listed in the preceding answer has concerning this incident. 18. Identify all persons whom you intend to call as a witness to testify at the trial, or judicial arbitration, of this matter, and provide a summary of the substance of their testimony. (a) If the substance of the testimony of any of the persons named involves opinions, state the nature of all opinions to which the person will testify and the basis of these opinions, including the substance of the relevant facts and the experience, education and training relied upon by that person in rendering such opinion. 19. EXHIBITS: (a) Identify all documents, tangible objects, models, specimens or things which will be introduced as an exhibit at the trial, or judicial arbitration hearing, of this case or used for the purpose of cross-examining any witness at the trial, or judicial arbitration hearing, of this case. R 20. EXPERT WITNESSES: (a) Identify all experts whom Plaintiff expects to call at the trial, or other adjudication, of this case; and (b) Pursuant to Pennsylvania Rule of Civil Procedure 4003.5(a)(1)(b), please state the substance of the facts and opinions to which Plaintiffs' expert(s) will testify and a summary of the grounds for each opinion. The facts, opinions and grounds of the expert may be contained in an expert report which may be attached. Such report or answer to this Interrogatory should be signed by Plaintiffs' expert(s). 01 21. PHOTOGRAPHS, DOCUMENTS AND THINGS: (a) If Plaintiff, or anyone acting on Plaintiff's behalf, has or knows of any photographs, diagrams, measurements, surveys or other descriptions regarding or relating in any way to this incident, vehicles involved in the incident, or personal injury or damages claimed to be sustained by the Plaintiff, please identify those items. (b) In lieu of answering the foregoing Interrogatory, please provide a copy of such items as attachments to these Answers. 22. RELATED LAWSUITS: Please identify by caption, docket number and court any other lawsuits arising from this incident or relating to the injuries claimed by Plaintiff in this suit, or in which Plaintiff has been involved. 23. Please identify any other claims filed or demands made by Plaintiff against anyone other than Defendant in this action for any damages or injuries arising out of or related to this incident. 24. PRIOR CONVICTIONS: Have you been convicted or pled guilty to any crime within the past ten (10) years. If so, please state, for each conviction or plea, the offense charged, the court caption and docket, and the disposition and sentence. 25. Would any settlement, award, verdict, or judgment secured by you in this matter be subject to any Federal Lien, State Lien, Workmen's Compensation Lien, or any other lien of any kind? If so, please identify the holder of the lien, the costs or expenses that is the subject of the lien, and the circumstance under which you are or might be obligated to satisfy the lien. 26. OCCURRENCE OF INCIDENT: State in detail the manner in which you assert the incident referred to in the Complaint occurred, specifying your exact position, activities, movements, and actions both before and at the time of the incident referred to in the Complaint. I . ¦ 27. INSURANCE OPTIONS: (a) If you are a named insured on a policy of insurance covering a Pennsylvania registered motor vehicle which was written or renewed after July 1, 1990, indicate whether you chose the "limited tort" option or "full tort" option as described in the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended July 1, 1990 of Act VI, and contained in 75 Pa.C.S.A. Section 1705. (b) If you are not a named insured on a policy of insurance covering a Pennsylvania registered motor vehicle which was written or renewed after July 1, 1990, indicate whether the named insured(s) in the household in which you reside chose the "limited tort" or "full tort" option as described in Pennsylvania Motor Vehicle Financial Responsibility Act, as amended July 1, 1990 of Act VI, and contained in 75 Pa.C.S.A. Section 1705. (c) If you, or a named insured(s) in the household in which you reside, chose the limited tort option as set forth in 75 Pa.C.S.A. Section 1705, please state whether the personal injury you suffered resulted in death, serious impairment of a body function, or a permanent serious disfigurement, and if you contend you suffered a "serious injury" or "permanent serious disfigurement," as defined in 75 Pa.C.S.A. Section 1702, state all of the reasons why you contend you are entitled to non-economic, pain-and- suffering damages, including a description of the bodily function that has been seriously impaired and/or the permanent serious disfigurement which you suffered. FORRY ULLMAN Dated: 0-12 -- /6 By: ? - ?-f 6.f ?urQ(nJ r Cy JOS PH F. MUROHY, ESQUIRE . Attorney I.D. No. 78119 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendant FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10-6307 CIVIL TERM JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Interrogatories were served, this date, by first-class mail, postage prepaid, addressed as follows: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: /1--/ 2 - /() FORRY, ULLMAN, ULLMAN & FORRY, P.C. It • 1 By: JO PH F. MURPHY, ESQUIRE FORRY ULLMAN FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 CIVIL TERM JURY OF TWELVE DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF KAILA E. NOLEN Pursuant to Rules 4009, et seq. of the Pennsylvania Rules of Civil Procedure, Defendant requests that Plaintiff produce the documents hereinafter described and permit Defendant, through his attorneys, to inspect them and copy such of them as they may desire. Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania, within thirty (30) days of the date of service thereof. Defendants' attorneys will be responsible for these documents so long as they are in their possession. Copying will be done at Defendant's expense and the documents will be properly returned after copying has been completed. 1. INSTRUCTIONS 1. In producing the documents described below, the responding party is required to .I furnish all documents known or available to him/her/them/it or in its custody or control regardless of whether the documents are possessed (i) directly by responding party, (ii) by his/her/their/its agents, employees or representative, or (iii) by his/her/their/its attorneys. 2. The documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond to the particular request, as set forth below, to which they are responsive. Pursuant to Rule 4009(b)(2), responding party shall file a written statement responding to each numbered request by identifying the document(s) produced in response to that request. If any question is objected to in whole or in part, the reason(s) for the objection must be stated. 3. If any request cannot be complied with in full, it should be complied with to the greatest extent possible, and an explanation provided as to why full compliance is not possible. 4. Whenever a request is stated in the conjunctive, it shall also be taken in the disjunctive, and vice versa. Whenever a request is stated in the singular, it shall also be taken in the plural, and vice versa. 5. This request is a continuing one. If, after producing documents, responding party obtains or becomes aware of any further documents responsive to that request, responding party is required to produce such additional documents. 6. If any claim of privilege or immunity from discovery is asserted as to any document (or any portion thereof), responding party shall furnish, in lieu of withheld documents, a schedule that specifically states the following information for each document (or portion) withheld: (a) the type of document (e.g., letter, memorandum, phone message slip, handwritten note, etc.); : at 1 (b) the date of the document; (c) the author of the document; (d) the name of all person to whom the document or its contents have been disclosed or who are indicated on the document as having received copies of it; (e) the subject matter of the document and the circumstances of its creation in sufficient detail to ascertain the applicability of the claimed privilege or immunity from discovery; and (f) a statement of the specific privilege or immunity claimed and of the basis upon which the privilege or immunity is claimed. II. DEFINITIONS 1. The word "document" or "documents" as used herein shall be understood to mean all written, graphic or otherwise recorded matter, however produced or reproduced in the actual or constructive possession, custody, care or control of you, your officers, agents, employees and attorneys, or any of them including, but not limited to, originals and all copies of all correspondence, tapes, discs, photographs, contracts, drawings, reports, statements, telegrams, notes, sound recordings, minutes of meetings, memoranda, reports, and the like, whether made or received by you, as well as all other documents as defined in Pa.R.C.P. Rule 4009. 2. "Responding Party" shall refer to Plaintiff as well as her agents, representatives, attorneys, accountants, consultants, independent contractors, and any other individual or entity associated or affiliated with you or acting on your behalf with respective matter in question. 3. The word "accident" or "incident" shall refer to the circumstances in which this action is based. ? 1, ) III. REQUESTS These requests are intended to cover all documents in the possession, custody, and control of Plaintiffs, Plaintiffs' agents, employees, insurance carriers and attorneys. NOTE: A response of "will be supplied" or "will supplement" or "discovery is continuing" is not responsive. You have a duty to provide all items of which you are aware. The documents covered by this Request are as follows: I . All photographs or videotape taken of the site where the incident in the above- referenced matter occurred, of vehicles involved in the accident, or showing the physical condition of the Plaintiff. 2. All investigations, reports, test results, drawings, sketches, maps, summaries, or records of the incident involving the above-referenced case and the events surrounding it. 3. All statements of eyewitnesses to the incident. 4. All statements of any person who will be called as a witness at trial. 5. All statements of any party, its agent or employees concerning the incident and events surrounding it. 6. A current curriculum vitae for each expert who will testify at the trial of this case. t 'A ¦ 7. All documents by each expert identified together with all correspondence between expert and Plaintiff, Plaintiff's agent, attorney or anyone acting on Plaintiff's behalf. It ! ? l 8. All documents or other demonstrative evidence which will be introduced or used at trial as exhibits or to cross-exam witnesses. 9. All documents which refer, relate or pertain to any claim for lost income and/or impairment of earning capacity alleged to be a result of the incident referred to in the Complaint. 10. All federal income tax returns, including supporting schedules and W-2 forms for the three years immediately prior to the date of the incident, up to and including Plaintiff s last filed return. 11. A copy of the declaration sheet of all policies of motor vehicle liability insurance which you are a named insured, which was either written or renewed after July 1, 1990, and which were in effect on the day of the accident which forms the basis of this action. 12. A copy of the declaration sheet of all policies of motor vehicle liability insurance for the named insured(s) in your household which was either written or renewed after July 1, 1990, if you are not a named insured on any policy of motor vehicle insurance, and which were in effect on the day of the accident which forms the basis of this action. 13. A copy of the entire claims/investigation file of Plaintiff's insurer prepared or accumulated as a result of the accident which gives rise to this lawsuit. 14. All documents referred to or relied upon by Plaintiff in answering Defendant's Interrogatories. R l 15. All documents identified in Plaintiff's Answers to Defendant's Interrogatories. ,. I FORRY ULLMAN -7-,1-/ Dated: By: -? -1r A --Ag JO SOH F. MURPHY, ESQU RE Attorney I.D. No. 78119 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorney for Defendants 4 4 a FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN Plaintiff V. KEVIN J. SILVA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10-6307 CIVIL TERM JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Request for Production of Documents was served, this date, by first-class mail, postage prepaid, addressed as follows: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. W . it By: am /? J ?ri 2S JOS PH F. MURPHY, ESQU&E Date:' (' 1 Z_ (U 0 . L 540 Court Street 1 P.O. Box 542 1 Reading PA 19603 PH 610.777.5700 1 rx 610.777-2499 FAttorneys at La,,,,, December 15, 2010 Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 JOSEPH F. MURPHY E-MAIL: jmurphyrjforryullman.com RE: Kaila Geidel (now by marriage Kaila Nolen) vs. Silva Claim No. 38-L553-312 Our File No.: 2022840 Dear Mr. McKnight: On November 12, 2010, we forwarded to you Defendant's Interrogatories and Request for Production of Documents to Plaintiff, with regard to the above-captioned matter. To date, we have not received responses to our discovery requests. Upon receipt of this letter, please complete and forward the mentioned responses to Interrogatories and Request for Production of Documents to my attention. I appreciate your prompt attention in this regard. Very ly yo s, H F HY JFM/lj s Philadelphia F King of Prussia ? Reading . Bethlehem ? Scranton , Harrisburg vvre .tor~r u1irr,ar;. c) m 540 Court Street P.O. Box 542 ! Reading PA 19603 PH 610.777.5700 1 Fx 610.777-2499 FAflo-neys at !o JOSEPH F. MURPHY Direct Dial No. 610-568-1427 E-MAIL: jmurphy@forryul.lman.com January 11, 2011 Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 RE: Kaila Geidel (now by marriage Kaila Nolen) vs. Silva Claim No. 38-L553-312 Our File No.: 2022840 Dear Mr. McKnight: I am writing in follow up to my letter to you dated December 15, 2010. At your first convenience, please advise the status of your Answers to Interrogatories and Request for Production of Documents with referenced to the above captioned matter. We initially served these Discovery Requests on November 12, 2010. I would like to avoid the necessity of a Motion to Compel. Very 1RPHY JOSEPJFM/Ij s Philadelphia King of Prussia Reading Bethlehem ° Scranton Harrisburg y 1 540 Court Street P.O. Box 542 ! Reading PA 19603 PH 610.777.5700 Fx 610.777.2499 ForryUllman JOSEPH F. MURPHY, ESQUIRE DIRECT DIAL: (610) 568 - 1427 E-MAIL,: jmurphy@forryullman.com January 17, 2011 Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 RE: Kaila Geidel (now by marriage Kaila Nolen) vs. Silva Claim No. 38-L553-312 Our File No.: 2022840 Dear Mr. McKnight: You may recall that we served your client with Interrogatories and a Request for Production of Documents on or about November 11, 2010. To date, we have not received Answers. Please provide those Answers at your earliest opportunity so that we may move this case along. Please call me if you would like to discuss the case for any reason. Very truly y urs, CLL JOSEPH F. MU Y JFM/ Reading Norristown Bethlehem Harrisburg 4b A ,- AP Forry'IUUman Attorneys at Law February 10, 2011 Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 540 Court Street ; P.O. Box 542 Reading PA 19603 PH 610377.5700 1 rx 610.777-2499 JOSEPH F. MURPHY Direct Dial No. 610-568-1427 E-MAIL: jmurphy@forryullman.com RE: Kaila Geidel (now by marriage Kaila Nolen) vs. Silva Claim No. 38-1,553-312 Our File No.: 2022840 Dear Mr. McKnight: I am writing in follow up to my letters to you dated December 15, 2010 and January 17, 2011. At your first convenience, please advise the status of your Answers to Interrogatories and Request for Production of Documents with referenced to the above captioned matter. We initially served these discovery requests on November 12, 2010. I would like to avoid the necessity of a Motion to Compel. $el JFM/lj s Philadelphia ; King of Prussia Reading Bethlehem Scranton , Harrisburg f 1 .. R . 3 ?' f ! FORRY ULLMAN FEB 2 6 AIM 9: ? 17 JOSEPH F. MURPHY, ESQUIRE Attorney I.D. 78119 r:a`", 540 Court Street, P.O. Box 542 Reading, PA 19603 610-777-5700 Attorney for Defendant KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO. 10-6307 CIVIL TERM V. KEVIN J. SILVA, Defendant JURY TRIAL OF TWELVE DEMANDED ORDER AND NOW, this day of r 2011, upon consideration of Defendant's Motion to Compel Plaintiff to Answer Defendant's Written Discovery, it is hereby ORDERED that said Motion is GRANTED. Plaintiff shall s etinip!cLe, and"T ed , to Defendant's Interrogatories and Request for Production of Documents within thirty (30) days from the date of this Order or suffer possible sanctions upon further application of Defendant. Kindly notify the following counsel of record of the entry of any Order relative to Defendant's Motion to Compel Plaintiff to Answer Defendant's Written Discovery: Marcus McKnight, III, Esquire, counsel for Plaintiff, and Joseph F. Murphy, Esquire, counsel for Defendant. ?Orry Ul?da.ocn, ?? m-a /I BY THE , OURT: ,J. ii/-. G FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street PO Box 542 Reading, PA 19603 (610) 568-1427 imumhv(a forrvullman.com ,, 6 KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, Plaintiff V. KEVIN J. SILVA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE FOR CHANGE OF ADDRESS Kindly change the address of the undersigned counsel to: Joseph F. Murphy, Esquire FORRY ULLMAN, PC 540 Court Street PO Box 542 Reading, PA 19603 as the place where papers, process and notices may be served. FF.O niollo`[?r? s 1011#R-4 P? f:1 ctlm?NNSY?I VAN! T`? FORRY, ULL ,ULL & FORRY, P.C. By: JOSEPH HY, U Dated: 1 v h I I KAILA E. GEIDEL, now by marriage KAILA E. NOLEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6307 CIVIL TERM V. KEVIN J. SILVA, Defendant JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, being duly sworn according to law, deposes and says that I have forwarded my Praecipe for Change of Address, by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 FORRY ULLMAN Date: ?'2 C) By: 2 J` S F. MURP ES RE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAILA E. GEIDEL, NOW BY MARRIAGE KAILA E. NOLEN COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- KEVIN J. SILVA CASE NO: 10-6307 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 -' "9 3 TI _.. MCS on behalf of JOSEPH F. MURPHY, ESQ. i~ .. certifies that < w C3 75- (1) A notice of intent to serve the subpoena with a copy of the= opoftaa -j- attached thereto was mailed or delivered to each party at 16as? -- ?, twenty days prior to the date on which the subpoena is sought to b6 served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2011 MCS on behalf of // /S/ AMA J KmAyl JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT CS # 42295-L17 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KAILA E. GEIDEL, NOW BY MARRIAGE KAILA E. NOLEN -VS- KEVIN J. SILVA COURT OF COMMON PLEAS TERM, CASE NO: 10-6307 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. CAROLINE M. DILLER MOHAMMAD K. ISHMAIL, MD DR. CHARLES S. YANOFSKY, M.D. CHAPEL POINT NURSING HOME SELECT MEDICAL CORPORATION FOREST PARK HLTH CTR & REHAB MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT TO: MARCUS MCKNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOSEPH F. MURPHY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/01/2011 CC: JOSEPH F. MURPHY, ESQ. - 2022840 MARCUS MCKNIGHT, ESQ. IRWIN & MCKNIGHT 60 W. POMFRET STREET CARLISLE, PA 17013 MCS on behalf of JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 42295-C01 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAILA E. GEIDEL, NOW BY MARRIAGE vs. KEVIN J. SILVA File No. 10-6307 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. CAROLINE M. DILLER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street. Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. MURPHY. ESQ. ADDRESS: 540 COURT STREET PO BOX 542 READING, PA 19603 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant - APR 2 1 2011 Date: q ? - Seal of the Court BY RT: L rothonotary/Cle k, Civil Division Deputy 42295-17 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CAROLINE M. DILLER 3 SPRINT DRIVE STE 4 CARLISLE, PA 17015 RE: MCS # 42295-L17 KAILA E. GEIDEL AKA KAILA E. NOLEN, 31 DEWALT DRIVE MECHANICSBURG, PA 17050 Social Security #: XXX-XX-9183 Date of Birth: 06-20-1989 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 42295-L17 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAILA E. GEIDEL, NOW BY MARRIAGE KAILA E. NOLEN -VS- KEVIN J. SILVA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 10-6307 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2011 mCS on behalf of /S/ d-0JgP4 J. WaTky' ej!%. JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT MCS # 42295-L18 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAILA E. GEIDEL, NOW BY MARRIAGE vs. File No. 10-6307 KEVIN J. SILVA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MO AMMAD K ISH MAIL, MD (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 LMR * * * * at The M Group. Inc 1601 Market Street Suite 800, Philad phia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. MURPHY ES ADDRESS: 540 COURT STRFFT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant APR 21 2a1l Date: ?- Il Seal of the Court *rothonotary/C fRT Civi l Division Deputy 42295-18 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOHAMMAD K. ISHMAIL, MD 220 WILSON STREET SUITE 210 CARLISLE, PA 17013 RE: MCS # 42295-L18 KAILA E. GEIDEL AKA KAILA E. NOLEN, 31 DEWALT DRIVE MECHANICSBURG, PA 17050 Social Security #: XXX-XX-9183 Date of Birth: 06-20-1989 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 f6r all other providers. MCS # 42295-L18 SU1O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAILA E. GEIDEL, KAILA E. NOLEN KEVIN J. SILVA As a prerequisit to Rule 4009.22 COURT OF COMMON PLEAS NOW BY MARRIAGE TERM, CUMBERLAND -VS- CASE NO: 10-6307 e to service of a subpoena for documents and things pursuant MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2011 MCS on behalf of /S/ OJ Na-Will eft. JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT MCS # 42295-L19 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAILA E. GEIDEL, NOW BY MARRIAGE vs. KEVIN J. SILVA File No. 10-6307 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ DR CHARLES YANOF KY, M.D. (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: * * * * E ATTACHED RIDER * * * * at The MCS Groun Inc 1601 Market Street. Suite 800, Philadelphia PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. MURPHY ESO ADDRESS: 540 COURT STREET PO BOX 42 READING-PA 19603 TELEPHONE: (2 1 5) 246-0900 SUPREME COURT ID ATTORNEY FOR.: Defendant B T JUURT: ` APIA Fr .L 201 rothonotary/Clerk, ivil Division Date: Seal of the Court Deputy 42295-19 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CHARLES S. YANOFSKY, M.D. 2025 TECHNOLOGY PARKWAY SUITE 201 MECHANICSBURG, PA 17050 RE: MCS # 42295-L19 KAILA E. GEIDEL AKA KAILA E. NOLEN, 31 DEWALT DRIVE MECHANICSBURG, PA 17050 Social Security #: XXX-XX-9183 Date of Birth: 06-20-1989 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 42295-L19 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KAILA E. GEIDEL, NOW BY MARRIAGE TERM, KAILA E. NOLEN CUMBERLAND -VS- CASE NO: 10-6307 KEVIN J. SILVA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2011 MCS on behalf of /S/ Aojee4 J. &urp411, e6!j. JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT MCS # 42295-L20 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAILA E. GEIDEL, NOW BY MARRIAGE vs. KEVIN J. SILVA File No. 10-6307 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAPEL POINT NURSING HOME (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Grouo Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. MURPHY ESO ADDRESS: 540 COURT STREET PO BOX 542 RFC. PA 19603 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant A?P _ 2011 Date: Seal of the Court B OUR onotary/Cler it Division Deputy 42295-20 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAPEL POINT NURSING HOME 770 S. HANOVER STREET CARLISLE, PA 17013 RE: MCS # 42295-L20 KAILA E. GEIDEL AKA KAILA E. NOLEN, 31 DEWALT DRIVE MECHANICSBURG, PA 17050 Social Security #: XXX-XX-9183 Date of Birth: 06-20-1989 Any and all employment records„ including applications, files, memoranda, compensation, time and attendance records. Please include personnel records, payroll and salary information. Supply all employee medical records including any disability, workers compensation, or incident reports and claims. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 42295-L20 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAILA E. GEIDEL, NOW BY MARRIAGE KAILA E. NOLEN -VS- KEVIN J. SILVA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 10-6307 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2011 MCS on behalf of /S/ d-oJV4 .J. ffl-me/l eft- JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT MCS # 42295-L21 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAILA E. GEIDEL, NOW BY MARRIAGE vs. KEVIN J. SILVA File No. 10-6307 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SELECT MEDICAL CORPORATION (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. MURPHY. ESO ADDRESS: 540 COURT STREET PO BOX 542 READING- PA 19603 TELEPHONE: 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T-KE OOURT: Civil Division --- APR 2 12011 -// Deputy Date: Seal of the Court 42295-21 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SELECT MEDICAL CORPORATION 4714 GETTYSBURG ROAD MECHANICSBURG, PA 17055 RE: MCS # 42295-L21 KAILA E. GEIDEL AKA KAILA E. NOLEN, 31 DEWALT DRIVE MECHANICSBURG, PA 17050 Social Security #: XXX-XX-9183 Date of Birth: 06-20-1989 Any and all employment records- including applications, files, memoranda, compensation, time and attendance records. Please include personnel records, payroll and salary information. Supply all employee medical records including any disability, workers compensation, or incident reports and claims. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 42295-L21 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAILA E. GEIDEL, NOW BY MARRIAGE KAILA E. NOLEN -VS- KEVIN J. SILVA COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 10-6307 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH F. MURPHY, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/21/2011 MCS on behalf of /S/ J-0JV4 J. wureiw, ej?,._ JOSEPH F. MURPHY, ESQ. Attorney for DEFENDANT MCS # 42295-L22 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAILA E. GEIDEL, NOW BY MARRIAGE vs. KEVIN J. SILVA File No. 10-6307 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FOREST PARK HI IH (QTR & REHAB (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Grouo Inc.. 1601 Market Street, ?i 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOSEPH F. MURPHY ESO ADDRESS: X40 COURT T ET PO BOX 542 ?EADINGPA 1960 TELEPHONE: (2151246-0900 SUPREME COURT ID ATTORNEY FOR: Defendant IPR 2 12011 Date: Seal of the Court RrVICBH URT lerk, tvil Division Deputy 42295-22 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FOREST PARK HLTH CTR & REHAB 700 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: MCS # 42295-L22 KAILA E. GEIDEL AKA KAILA E. NOLEN, 31 DEWALT DRIVE MECHANICSBURG, PA 17050 Social Security #: XXX-XX-9183 Date of Birth: 06-20-1989 Any and all employment records- including applications, files, memoranda, compensation, time and attendance records. Please include personnel records, payroll and salary information. Supply all employee medical records including any disability, workers compensation, or incident reports and claims. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 42295-L22 SU10 CERTIFICATE li- ' ??f CC. h,4 10: 4 (,; GUi`S ® dTY PREREQUISITE TO SERVICE OF A' PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA KAILA E. GEIDEL, BY MARRIAGE KAILA TERM: vs. KEVIN J. SILVA CASE No: 10-6307 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOSEPH F. M PHY 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 parry 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 : 09/21/2011 RecordTrak on behalf of /S/ JOSEPH F. MURPHY Attorney for Defendant RT#: 226629 RECORDS PERTAIN TO: KAILA E. GEIDEL KAILA E. GEIDEL, BY MARRIAGE COURT: Court Of Common Pleas - Cumberland County, KAILA Pa vs. TERM: / / KEVIN J. SILVA DOCKET: 10-6307 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: JOSEPH F. MURPHY FORRY, ULLMAN 540 COURT STREET P.O. BOX 542 READING, PA 19603 (610) 777-2499 September 1, 2011 Please take notice that on behalf of JOSEPH F. MURPHY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until September 21, 2011 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY September 21, 2011 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN MATERIALS BEING OBTAINED KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA ALEXANDER SPRING IRON HAVEN GYM & .OPRACTIC (NICASTRO) COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, CCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED ERTIFICATION AND RETURN WITH THE RECORDS******** *2. ALL EDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND IRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION HEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND LL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE TTACHED CERTIFICATION AND RETURN WITH THE ECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE 1CLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE 0R EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING ATES OF STUDY PRIOR TO COPYING. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ,000UNT SUNIIVIARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS JRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED ERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL IEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND JRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, !UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION HEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND LL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE TTACHED CERTIFICATION AND RETURN WITH THE ECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE JCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING ATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT IMITED TO RECORDS FROM DR. MATTHEW NICASTRO** Page 2 KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 3 SADLER HEALTH 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL CENTER (HIEB/KRETZING) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * * *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. LODUIS A. HIEB AND DR. HAROLD G. KRETZING** 4 PENN REHABILITATION 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL ASSOC. (VIOLAGO) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT IMITED TO RECORSD FROM DR. EDWARD S VIOLAGO** 5 WORKERS 1. ANY AND ALL WORKERS' COMPENSATION DOCUMENTS AND COMPENSATION * PA CCOMPANYING RECORDS. 190-70-9183 6 AMERIHEALTH 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND CASUALTY INSURANCE AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE [ RECORDS.************** Page 3 KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 7 HEALTHWORKS 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL MEDICAL GROUP (BAGIAN) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRESMISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT IMITED TO RECORDS FROM DR. ROBERT BAGIAN** KINETIC IMAGING, INC. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, .CCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS /RITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED ERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL IEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND 4UTTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRESMISTORY & 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 ECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE 1CLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE DR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING ATES OF STUDY PRIOR TO COPYING.** Page 4 KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 9 CUMBERLAND VALLEY 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL B/GYN (BOHONYI) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. WILLIAM A. BOHONYI** 10 PAPA JOHN'S VNTERNATIONAL ANY AND ALL EMPLOYMENT RECORDS INCLUDING BUT NOT NIITED TO WAGE/SALARY INFORMATION, VACATION/SICK TIME, UGINAL APPLICATION/RESUME, JOB DESCRIPTION, EVALUATIONS, SCIPLINARY ACTIONS, HANDWRITTEN NOTES, DOCTORS NOTES, W-2 )RMS, WORKERS COMPENSATION RECORDS, PAID AND UNPAID TIME T AND EVERYTHING ELSE PERTAINING TO YOUR ENTIRE I'LOYMENT FILE. **EMPLOYMENT LOCATION: 500 S. HANOVER ST ?RLISLE, PA 17013** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 5 RT#: 226629 RECORDS PERTAIN TO: KAILA E. GEIDEL KAILA E. GEIDEL, BY MARRIAGE COURT: Court Of Common Pleas - Cumberland County, KAILA Pa vs. TERM: / / KEVIN J. SILVA DOCKET: 10-6307 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: MARCUS A. MCKNIGHT IRWIN & MCKNIGHT 60 WEST POMFRET STREET CARLISLE, PA 17013 (717) 249-6354 September 1, 2011 Please take notice that on behalf of JOSEPH F. MURPHY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until September 21, 2011 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY September 21, 2011 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 REcoRDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN MATERIALS BEING OBTAINED KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA ALEXANDER SPRING IRON HAVEN GYM & ,OPRACTIC (NICASTRO) COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, CCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS /RITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED ERTIFICATION AND RETURN WITH THE RECORDS******** *2. ALL IEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND /RITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION EIEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND LL RECORDS LOCATED IN STORAGE.******* *PLEASE SIGN THE TTACHED CERTIFICATION AND RETURN WITH THE ECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE 1CLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE DR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING ATES OF STUDY PRIOR TO COPYING.** ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ,000UNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS IRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED 'ERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL IEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND IRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, !UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION HEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND LL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE .TTACHED CERTIFICATION AND RETURN WITH THE ECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE JCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE DR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING ATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT [MITED TO RECORDS FROM DR. MATTHEW NICASTRO** Page 2 KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 3 SADLER HEALTH 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL ENTER (HIEB/KRETZING) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS" *******3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. LODUIS A. HIEB AND DR. HAROLD G. KRETZING** 4 PENN REHABILITATION 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL ASSOC. (VIOLAGO) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS******* **2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT LIMITED TO RECORSD FROM DR. EDWARD S VIOLAGO** 5 WORKERS I. ANY AND ALL WORKERS' COMPENSATION DOCUMENTS AND COMPENSATION * PA ACCOMPANYING RECORDS. 190-70-9183 6 AMERIHEALTH 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND CASUALTY INSURANCE ND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE P,ECORDS.************** Page 3 KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 7 HEALTHWORKS 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL MEDICAL GROUP (BAGIAN) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * * *INCLUDING BUT NOT IMITED TO RECORDS FROM DR. ROBERT BAGIAN** 8 KINETIC IMAGING, INC. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ,CCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS JRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED ERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL IEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND JRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, !UESTIONNAIRES/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 ECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE ;CLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING SATES OF STUDY PRIOR TO COPYING.** Page 4 KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 9 CUMBERLAND VALLEY 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL B/GYN (BOHONYI) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE.********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE OR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT -LIMITED TO RECORDS FROM DR. WILLIAM A. BOHONYI** 10 PAPA JOHN'S [INTERNATIONAL ANY AND ALL EMPLOYMENT RECORDS INCLUDING BUT NOT fVIITED TO WAGE/SALARY INFORMATION, VACATION/SICK TIME, UGINAL APPLICATION/RESUME, JOB DESCRIPTION, EVALUATIONS, SCIPLINARY ACTIONS, HANDWRITTEN NOTES, DOCTORS NOTES, W-2 )RMS, WORKERS COMPENSATION RECORDS, PAID AND UNPAID TIME T AND EVERYTHING ELSE PERTAINING TO YOUR ENTIRE QPLOYMENT FILE. * *EMPLOYMENT LOCATION: 500 S. HANOVER ST ?RLISLE. PA 17013** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 5 TO: ALEXANDER SPRING REHAB "coRDTRAK 1 TYLER COURT 651 Allendale Road CARLISLE, PA 17015 P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kalla V File No, 2010-6307 Kevin J. Silva SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce tl ie fallowing documents or things: at Reco?rak 631 Allsndale Rd. Po l9ox 61391,. Klno of Prussia, PA 1940». You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address its ed 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: Record7rak. Randy T. Burch, Esc. Address: 651 AiierWale Rd. PO Box §1591 King of Prussia. PA 19406 Telephone: 800-801-7624 BY THE COURT: Supreme Court 1D# Attorney for: Defendant Civil Divisio i DATE: Id0 Seat of the Court RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 1 LOCATION: ALEXANDER SPRING REHAB RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS***** ****2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS***** ****3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. TO: IRON HAVEN GYM & CHIROPRACTIC REcoRi)TRAK (NICASTRO) 651 Allendale Road 290 POMFORT ST P. O. Box 61591 STE 3 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geldel, by marriage Kalla V File No. 2010-6307 Kevin J. Silva SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4,22 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce 0:e following documents or things: at ecorffrak 1 lendaie R PO ox 61591, 61011 Of PrUssla, PA 19400, 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 lit ed above. You may have the right to seek In advance the reasonable cost of preparing copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RMrdTrakj Randy T. Burch. Ex. Address: 651 Allendale Rd PO Box 61591 King of Prussia. PA 19406 Telephone: 800-801-7&20 BY H COURT: Prothonota Cier ?..._.....r....- DATE: (F sal of a Court Supreme Court IDS Attorney for Defendant Civil Divlslo i RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 2 LOCATION: IRON HAVEN GYM & CHIROPRACTIC (NIICASTRO) RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS"" *****2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS" *******3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * * *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. MATTHEW NICASTRO** TO' SADLER HEALTH CENTER (HIEB/KRETZING) 100 N HANOVER ST CARLISLE. PA 19013 "cop,DTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kells E. Geidel, by marriage Kaila V Kevin J. Silva File No. 2010-6307 SUBPOENA TO PRODUCE DQ UMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4049.22 T0: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce tl to following documents or things, at EjgcgrdTrak, 851 Allendale Rd, PQ Box 61591, King of Prussia. PA 19406. You may deliver or mail IegM copies of the documents or produce things requested by this subpoena, together with the certificate of compitance, to the party making this request at the address It's ed above. You may have the right to seek In advance the reasonable cost of preparing copies or producing the things sought, j If you fall to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may, seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrakJRand T. r h Address: 651 Allendale Rd PO Box &1591 King of Prussia, PA 19406 Telephone: 800-801-7820 Supreme Court ID# Attorney for: Defendant I DATE: ?l f,I al of the court BY THE COURT: RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 3 LOCATION: SADLER HEALTH CENTER (HIEB/KRETZING) RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS'" ****2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.*** *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. LODUIS A. HIEB AND DR. HAROLD G. KRETZING** To: PENN REHABILITATION ASSOC. (VIOLAGO) RECORDTRAK To: 2151 LINGLESTOWN RD 651 Allendale Road STE 240 P. O. Box 61591 HARRISBURG. PA 17110 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kalla . V File NO. 2010-6307 Kevin J. Silva at RecordTrak. 651 Allendale Rd. PO Box 61591. Kina of Prussia. P 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 lis :ed above. You may have the right to seek in advance the reasonable cast 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,_ Randy-T. Burch. Esa. Address: 651 Allendale Rd. PO Box 61591 Kifxa of Prussia,, PA 194 Telephone: 800-,§01-7620 Supreme Court ID# Attorney for: Defendant DATE: a 1;-a l I, So& of th Court BY THE COURT: ary ark, Civil Dlvlslo i Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce ti le following documents or things: RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 4 LOCATION: PENN REHABILITATION ASSOC. (VIOLAGO) RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS'" ****2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * * *INCLUDING BUT NOT LIMITED TO RECORSD FROM DR. EDWARD S VIOLAGO** 170. WORKERS COMPENSATION *'PA RECORDTRAK • 1171 SOUTH CAMERON STREET 651 Allendale Road RECORDS ROOM 109 P. O. Box 61591 HARRISBURG. PA 17104 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kalla V Kevin J. Silva TO: File No. 2010-6307 of Person or Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce t is following documents or things: at RecordTrak 651 Allendale Rd PQ Bgx 11591, 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 lis led above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: ReggrdTrak. Randy T. Burch, Esa. Address: 651 Alien ale Rd. PO Box 61591 Kiog of Prussia. PA 19406 Telephone: 800-801-7620 Supreme Court ID# Attorney for. Defendant BY THE COURT: Pro note Clerk, Civil Division DATE- 6' 111 S al of the Court RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 5 LOCATION: WORKERS COMPENSATION * PA RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 1. ANY AND ALL WORKERS' COMPENSATION DOCUMENTS AND ACCOMPANYING RECORDS. 190-70-9183 To: AMERIHEALTH CASUALTY INSURANCE RECORDTRAK 2505 NOTH FRONT ST. 651 Allendale Road HARRISBURG, PA 17110 P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kalla E. Geldel, by marriage Kalla V Kevin J. Silva Y File No. 2010-6307 at R Trakc 631 Allendale EW, PO o 61 9 i Kin f Prus P 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 Us.ed 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, andy T. Burch. E Address: 651 Allendale Rd. PO Box 61591 King of Prussia. PA 19406 Telephone: 800-801-7620 Supreme Court ID# Attorney for: Defendant DATE: V III Sdaf of the Court BY THE COURT: Pro otary! erk, Civil Divisio T Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce t1e following documents or things. RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 6 LOCATION: AMERII3EALTH CASUALTY INSURANCE RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * ****PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** TO: HEALTHWORKS MEDICAL GROUP RECORDTRAK (BAGIAN) 651 Allendale Road 1124 HARRISBURG PIKE P. O. Box 61591 CARLISLE. PA 17013 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kalla E. Geldel, by marriage Kalla V Kevin J. Silva File No. 2010-6307 at RecordTrak 651 Allendale Rd. PO Box 89591. Kino of PrusPA 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 list ed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fall to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak. Randy T. Bur h Es Address: 651 Allendale Rd. PO Box 61591 Kira of Prussia. PA 19408 Telephone: 800-801-7620 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court BY THE COURT: Pr tarytCle , Civil Divisloi i Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce tt e following documents or things: RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 7 LOCATION: HEALTHWORKS MEDICAL GROUP (BAGIAN) RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS**** *****2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS***** ****3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. ROBERT BAGIAN** To: KINETIC IMAGING, INC. RECORDTRAK P O BOX 371 651 Allendale Road HUMMELSTOWN, PA 17036 P. 0. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geldel, by marriage Kaila V File No. 2010-8307 Kevin J. Silva TO: I lpwft(pir?orson or emicy) Within twenty (20) days after service of th€is, fJsubpoena, you are ordered by the Court to produce tl ae following documents or things: at RecordTrak 651 Allendale Rd. PQ lox 61591., King ofPrussia, PA19406- .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: Record Trak Randy T. Burch. Esa. Address: 651 Allendale Rd PO Box 61591 King of Prussia. PA 19406 Telephoner 800-801-7620 Supreme Court ID# Attorney for: Defendant BY T COURT: Prothonotaryierk, Civil Divisio n DATE• SAhl iof the court RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 8 LOCATION: KINETIC IMAGING, INC. RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS****** ***2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS" ***3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** To: CUMBERLAND VALLEY OB/GYN RECORDTRAK (BOHONYI) 651 Allendale Road 9 FLOWERS RD P. O. Box 61591 MECHANICSBURG. PA 17055 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kaila V File No. 2010-6307 Kevin J. Silva SUBPOENA T4 PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4008.22 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce tl is following documents or things: at Rea dTrak 631 Allendale N,PO x 61591, of Prussia, PA 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 lls ed 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 Sandy T. Burch. Esq. Address: 651 Allendale Rd, PO Box 6 591 King of Prussia. PA 19406 Telephone: 800-801.762f? BY THE COURT: Supreme Court 10# Attorney for: Defendant 4ry lark, Civil Divisio i DATE: l of the Court RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 9 LOCATION: CUMBERLAND VALLEY OB/GYN (BOHONYI) RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 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. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS******* **2. ALL MEDICAL RECORDS IN YOUR POSSESSION. 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 SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS****** ***3. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * * *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. WILLIAM A. BOHONYI** To. PAPA JOHN'S INTERNATIONAL° RECORDTRAK P.O. BOX 99900 651 Allendale Road P LOUISVILLE, KY 40269 P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kaila V File No. 2010-6307 Kevin J. Silva TO: - /d (Name of Parson or M9KYJ Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce t is following documents or things: at ftordTrak. 651 Allendale Rd PD Box 61591, King of Prussia PA 19406 You may deliver or mall 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 its ted above. You may have the right to seek in advance the reasonable cost of preparing copies or producini the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day$ 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: geoordTrak Randy T. BArch, ESQ. Address: 651 Allendale Rd. PO Box 61591 King of Prussia PA 19406 Telephone: 800-801-7620 Supreme Court 1D# Attorney for: Defendant DATE: SW Of the ours BY THE COURT: Pro tsry C Civil Divlslc,n RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 10 LOCATION: PAPA JOHN'S INTERNATIONAL RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 1. ANY AND ALL EMPLOYMENT RECORDS INCLUDING BUT NOT LIMITED TO WAGE/SALARY INFORMATION, VACATION/SICK TIME, ORIGINAL APPLICATION/RESUME, JOB DESCRIPTION, EVALUATIONS, DISCIPLINARY ACTIONS, HANDWRITTEN NOTES, DOCTORS NOTES, W-2 FORMS, WORKERS COMPENSATION RECORDS, PAID AND UNPAID TIME OFF AND EVERYTHING ELSE PERTAINING TO YOUR ENTIRE EMPLOYMENT FILE.* *EMPLOYMENT LOCATION: 500 S. HANOVER ST CARLISLE, PA 17013 * * CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA Court of Common Pleas - Cumberland Coun PA TERM: / /rn . e =,. '-Tj ;- CASE No: 10-6307 tv -? C, fJ __ r>a As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOSEPH F. MURPHY 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 : 03/05/2012 RecordTrak on behalf of /S/ JOSEPH F. MURPHY Attorney for Defendant RT#: 226629 RECORDS PERTAIN TO: KAILA E. GEIDEL KAILA E. GEIDEL, BY MARRIAGE COURT: Court Of Common Pleas - Cumberland County, Pa KA 1:LA VS. TERM: / / KEVIN J. SILVA DOCKET: 10-6307 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: MARCUS A. MCKNIGHT IRWIN &. MCKNIGHT 60 WEST POMF:RET STREET CARLISLE, PA 17013 (717) 249-6354 Febniary 14, 2012 Please take notice that on behalf of JOSEPH P. MURPHY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until March 5, 2012 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY March 5, 2012 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN MATERIALS BEING OBTAINED 15 CARLISLE REGIONAL 1. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. MEDICAL CENTER (RAD) "PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND HE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING" Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: KAILA E. GEIDEL, BY MARRIAGE KAILA VS. KEVIN J. SILVA COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 10-6307 Page 2 TO: CARLISLE REGIONAL, MEDICAL CENTER RECORDTRAX (RAD) 651 Allendale Road 361 ALEXANDER SPRING ROAD P. O. Box 61591 CARLISLE, PA 17015 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kama E. Geidel, by marriage Kalla V File No. 2010-6307 Kevin J. Silva Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce, ie. following documents or things: at RecordTrak, 651 Allendale Rd. PO Box 61591, Kina of Prunla, PA 19406. You may deliver or mall legible copies 0 the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address IN above. You may have the right to seek In advance the reasonable cost of preparing copies or producint things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days Its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak. Randy T, Burch, Esq. Address: 651 Allendale Rd, PO Box 61591 King of Prussia, PA 19406 Telephone: 8010-601-7620 BY T COURT: Supreme Court ID# Attorney for: Defendant , Civil Divislo n DATE: of the SUBPOENA TO PRODUCE DO UMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4909.22 RE: KAILA E. GEIDEL, BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE #: 226629; TAG 15 LOCATION: CARLISLE REGIONAL MEDICAL CENTER (RAD) RECORDS PERTAIN TO: KAILA E. GEIDEL SS #: 190-70-9183, DOB: 06/20/1989 1. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. "PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FH,MS, INCLUDING DATES OF STUDY PRIOR TO COPYING." FORRY ULLMAN _ .t I'i' f�J NOTARY Joseph F. Murphy, Esquire 2h Attorney I.D. 78119 540 Court Street CUMBERLAND CO,UN tomey for Defendant, Reading, PA 19601 �'���t�'SYLVANIA Kevin J. Silva (610) 777-5700 (610) 777-2499 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E.NOLEN CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. NO. 10-6307 CIVIL TERM KEVIN J. SILVA Defendant : JURY OF TWELVE DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO ANSWER REQUEST FOR PRODUCTION OF DOCUMENTS - SET II 1. This civil action arises out of an automobile accident that occurred on October 8, 2008 at the intersection of Fairview Street and Route 74 in South Middleton Township, Cumberland County, Pennsylvania (See Plaintiff s Complaint). 2. At her deposition, Plaintiff testified that she was enrolled at Harrisburg Area Community College in the fall of 2008 but had to drop out of school because of the injuries allegedly sustained in this accident(Plaintiff s D.T. at 15-23; a true and correct copy of Plaintiff s deposition testimony is attached hereto as Exhibit A). 3. Specifically, Plaintiff claimed that her alleged injuries led to academic probation, which led to denial of her financial aid and that all of this was caused by the subject accident. (Id). 4. In addition, Plaintiff claims that she lost approximately $3,000 in tuition as a result of the subject accident. (Plaintiff s D.T. at 55). 5. On February 29, 2012, Defendant served Plaintiff with Requests for Production of Documents - Set II, requesting, among other things, all documents relative to her enrollment at and withdrawal from Harrisburg Area Community College, including documents relative to grades received disciplinary action, and financial aid. (A true and correct copy of the aforementioned Request for Production of Documents - Set 11 is attached hereto as Exhibit B). 6. To date, Plaintiff has not produced the documents requested in Defendant's Request for Production of Documents - Set 11, despite several follow-up letters requesting answers. 7. Pursuant to Pennsylvania Rule of Civil Procedure 4009.12, a party served with a Request for Production of Documents is required to provide full, complete, and verified responses within thirty (30) days of service thereof. 8. Moving Defendant has been prejudiced by Plaintiff s failure to comply with the Pennsylvania Rules of Civil Procedure in that Moving Defendant has been unable to adequately prepare a defense to Plaintiff's claim concerning her withdrawal from college, grades, financial aid, and loss of tuition expenses. 9. The documents that are the subject of Defendant's Request for Production of Documents- Set 11 are essential for Defendant to adequately prepare a defense to Plaintiff's claims. 10. Moving Defendant has attempted to amicably resolve this discovery dispute by way of correspondence to Plaintiff's Counsel prior to the filing of this Motion. 11. This Honorable Court previously entered an Order dated February 24, 2011 relative to a discovery dispute between the parties. WHEREFORE,Moving Defendant respectfully requests that This Honorable Court grant this Motion and enter an Order compelling Plaintiff to serve full, complete, and verified answers, without objection,to Defendant's Request for Production of Documents - Set 11 within thirty (30) days from the date of the Order. FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 540 Court Street Reading, PA 19601 Attorney for Defendant, (610) 777-5700 Kevin J. Silva (610) 777-2499 KAILA E. GEIDEL,now by marriage IN THE COURT OF COMMON PLEAS KAILA E.NOLEN CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. NO. 10-6307 CIVIL TERM KEVIN J. SILVA Defendant JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I,JOSEPH F. MURPHY,ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Defendant's Motion to Compel Plaintiff to Answer Request for Production of Documents Set II was served,this date, by first-class mail,postage prepaid, addressed as follows: Marcus McKnight, III, Esquire IRWIN&MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY ULLMAN By: Date: JO H F. MU HY, SQUIRE r KAILA E. NOLEN 15 1 Q. Do you remember whether it was before or after 2 this October 8, 2008 accident? 3 A. It was after the time of the accident. 4 Q. At the time of the accident? 5 A. No, after. 6 Q. Okay. 7 Q. Did you ever return to school after this 8 accident? 9 A. I tried to return one semester, and I couldn't 10 do it. 11 Q. Okay. What semester was that? 12 A. The following semester, in the spring. I was in 13 the accident in the fall, and I tried to return in the 14 spring. 15 Q. So in the spring of 2009 is when you dropped 16 out? 17 A. Correct. 18 Q. And did you submit any documentation to HACC 19 explaining the reasons why you were dropping out? 20 A. Yes. 21 Q. Do you still have that documentation? 22 A. Yes. 23 Q. And what did you indicate was the reason why you 24 were dropping out? 25 A. They had denied me at HACC. When I had dropped ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 16 I out, they had given me -- I was taking the classes, and I 2 couldn't go back full time because of -- you can only drop 3 so many classes, and then they put you on what they call an 4 academic probation. So because I withdrew at the time of 5 the accident, they put me on academic probation, and that's when I appealed it and wrote to them about the car accident. 8 Q. So after this accident, you dropped out for the 9 remainder of the spring -- excuse me -- fall 2008 semester? 10 A. Correct. 11 Q. And then you resumed your studies in the spring 12 of 2009? 13 A. Correct, 14 Q. And how many classes were you taking, or how 15 many credits were you taking in that semester, in the 16 spring of 2009? 17 A. I believe it was two classes. 18 Q. Okay. When was it that they put you on academic 19 probation? 20 A. In the fall semester of 2008. 1 was only 21 allowed to take two classes in the following semester in 22 the spring because I was on academic probation. 23 Q. And what was the reason why you stopped going to 24 HACC after this accident for that fall semester? 25 A. One, I'm on academic probation. I can only take ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 17 1 two classes a semester. It would take forever to complete 2 my degree. And, two, I was denied financial aid because of 3 being on academic probation. 4 MR. MURPHY: Okay. Can you just read that last 5 question back to me -- I apologize -- and her response, 6 please. 7 (Reporter read from the record as requested.) 8 BY MR. MURPHY: 9 Q. 1 take from your testimony then that the reason 10 why you stopped your studies in the fall of 2008 were for 11 reasons other than this motor vehicle accident. 12 A. There were no other reasons. 13 Q, Okay. I want to make sure your testimony is 14 clear. Are you claiming in this case that this accident 15 and the effects of the accident on you, that that had 16 anything to do with your decision to withdraw from HACC for 17 the remainder of the fall 2008 semester? 18 A. Yes. I couldn't continue. I was on medication. 19 1 couldn't concentrate in classes, and I was in pain. I 20 couldn't stand to sit through a whole class. 21 Q. Okay. I thought my previous question though was 22 why you stopped your education in the fall of 2008, and 23 your response was because you were on academic probation 24 and you were denied financial aid. 25 A. For the spring of 2008. That's why I didn't ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 18 1 continue in the spring of 2008. 2 Q. Okay. Then perhaps you misunderstood well, 3 this accident was in the fall of 2008, correct? 4 A. Correct. 5 Q. Okay. Why didn't you attend HACC in the spring 6 of 2008? 7 A. Because when I was in the accident in the fall 8 of 2008 and withdrew, they put me on academic probation. 9 Q. Okay. But the fall 2008 accident hadn't 10 happened yet. 11 A. it was in the middle of the semester. I 12 continued through the middle of the semester in the fall of 13 2008. 14 Q. Okay. And maybe you're confused about the dates 15 that I'm giving you. My original question why was it that 16 you stopped your education at RACC in the fall of 2008. 17 A. Because of the accident. Q. Okay. Because of the October 8th, 2008 19 accident? 20 A. Yes. 21 Q. Okay. When was it that you were put on academic 22 probation? 23 A. After I withdrew in the fall of 2008 . 24 Q. Okay. How were your grades at RACC before you 25 withdraw? ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 19 1 A. All A's. 2 Q. Okay. You had a 4.0 grade point average? 3 A. Correct. 4 Q. And how many classes were you taking in the fall 5 of 2008? 6 A. Two or three. 7 Q. I believe your earlier testimony was that you 8 did return to school for a very short period of time after 9 the October 8th, 2008 accident. 10 A. Correct. 11 Q. How many classes would you estimate that you 12 attended after the October 2008 accident? 13 A. I was taking two classes. I'm not sure how long 14 I went, maybe a couple weeks. 15 Q. Okay. Up until the time that you withdrew, 16 after that couple-of-week period., had you missed any school 17 between the time of this accident and the time that you 18 withdrew? 19 A. I believe so. 20 Q. Do you know how much time you missed during that 21 two weeks, couple of weeks? 22 A. No. 23 Q. And in the fall of 2008, what was your academic 24 schedule? Was it evening classes? 25 A. Daytime classes. ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 20 1 Q., Daytime. What was your schedule like then? 2 A. I believe it was on Tuesdays and Thursdays. 3 Q. And do you remember how many hours each day? 4 A. Each class was roughly an hour and a half, and I 5 was taking two classes. 6 Q. Okay. So it would have been about three hours 7 on Tuesday and three hours on Thursday? 8 A. Yeah. I think it was about 9 to 12:15. 9 Q. And specifically why was it that you couldn't 10 continue in the fall of 2008? 11 A. in the fall of 2008? 12 Q. Right. 13 A. I was in the motor vehicle accident, and I was 14 in too much pain and on too much medication. I also 15 couldn't drive myself to classes because I was not able to 16 drive for a couple of weeks after the accident. 17 Q. How did you get to school then when you did go IS after this accident in the fall of 2008? 1 think your 19 earlier testimony was that you went for a couple of weeks 20 after the accident. How did you get there? 21 A. Somebody took me. 22 Q. Who? 23 A. My parents. 24 Q. At the time of this accident, where were you 25 residing? ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 21 1 A. With my parents. 2 Q. And what was that address? 3 A. 178 Red Tank Road. 4 Q. And where is that? 5 A. Boiling Springs. 6 Q. When was it that you started driving again after 7 this accident? 8 A. I don't remember the date. 9 Q. Can you approximate for me how long it was that 10 you were unable to drive after this accident before you 11 resumed driving? Was it weeks, months? 12 A. I believe it was a couple months. 13 Q. Were your parents willing to continue taking you 14 to school after this accident? 15 A. Yes. 16 Q. Was there any other reason why you couldn't 17 continue classes other than you were in too much pain and 18 on medication and you couldn't drive a car? Any other 19 reason? 20 A. No. 21 Q. When you resumed school -- well, strike that. 22 Did you actually return to classes in the spring of 2009? 23 A. Yes. 24 Q. And was the spring semester generally January 25 through May? ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 22 I A. Yes. 2 Q. Do you remember at what point in that semester, 3 again, the spring of 2009, that you withdrew? 4 A. No. I believe it was around January. I was 5 only there a couple weeks. 6 Q. Is there any other reason why you withdrew in 7 the spring of 2009 other than the fact that you were on 8 academic probation and you were denied financial aid? 9 A. Yes. I was still on medication, still in pain. 10 Q. And was it that you, because of the pain and 11 because of the medication you were on, you couldn't do the 12 work? 13 A. Correct. 14 Q. Okay. And what was it that gave you that 15 impression that you couldn't do the work? Was it that you 16 had failed any tests? I mean, can you be a little bit more 17 specific about what it was? Was it something about 18 attending classes themselves? 19 A. I couldn't concentrate on the medicine to be 20 able to do my work and get the grades that I wanted to 21 achieve. I couldn't sit through the whole class. I was in 22 too much pain. Relying on someone else to drive me the 23 whole way to Harrisburg was a lot to expect. 24 Q. Okay. But you were driving by that time, right, 25 the spring of 2009? ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 23 A. Yeah, in the spring, I believe. Yes, you're 2 right. 3 Q. Okay. Had you taken any tests in the spring of 4 2009 that indicated to you that you weren' t going to be 5 performing well that semester? 6 A. I don't remember. 7 Q. Was there any other reason why you decided to 8 withdraw in the spring of 2009 other than the academic 9 probation, the fact that you were denied financial aid and 10 you couldn' t concentrate and you couldn't sit through the 11 whole class or a whole class? Any other reason? 12 A. Other than being in pain, that was all. 13 Q. Did you have financial aid in the fall of 2008? 14 A. Yes. 15 Q. And who was the financial aid through? 16 A. FAFSA. 17 Q. Are you currently employed? 18 A. Yes. 19 Q. Who do you work for? 20 A. Forest Park. 21 Q. Is that Forest Park Health Center? 22 A. Yes. 23 Q. And what is your title there? 24 A. CNA. 25 Q. And when did you get that job? When did you ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES KAILA E. NOLEN 55 pulling, no stooping, no making beds. 2 Q. Anything else? 3 A. No. 4 Q. My understanding of your answers to our 5 interrogatories, our written questions in this case, is 6 that you suffered lost earnings of a bit more than $38 7 thousand as a result of the October 8th, 2008 accident. Is 8 that correct? 9 A. Correct. 10 Q. Okay. And you're not claiming in this case that 11 your ability to earn money in the future has been affected 12 by the accident. Is that correct? 13 A. If I continue therapy, I should be able to 14 continue working, 15 Q. Okay. And my recollection of your other answers 16 to our interrogatories is that you don't have any 17 out-of-pocket expenses as a result of the October 8th, 2008 18 accident. Is that correct? 19 A. Schooling, I lost money in schooling. 20 Q. Do you know how much that is? 21 A. About $3 thousand. 22 Q. Other than the $3 thousand in tuition loss, do 23 you have any other out-of-pocket expenses that you're aware 24 of? 25 A. I have an outstanding bill with therapy right ELECTRONIC REPORTING STENOGRAPHIC AFFILIATES FORRY ULLMAN FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 568-1427 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 10-6307 CIVIL TERM KEVIN J. SILVA Defendant JURY OF TWELVE DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET 11 ADDRESSED TO PLAINTIFF KAILA E. NOLEN .Pursuant to Rules 4009, et seq. of the Pennsylvania Rules of Civil Procedure, Defendant requests that Plaintiff produce the documents hereinafter described and permit Defendant, through his attorneys, to inspect them and copy such of them as they may desire. Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania, within thirty (30) days of the date of service thereof. Defendants' attorneys will be responsible for these documents so long as they are in their possession. Copying will be done at Defendant's expense and the documents will be properly returned after copying has been completed. I. INSTRUCTIONS I In producing the documents described below, the responding party is required to furnish all documents known or available to him/her/thern/it or in its custody or control regardless of whether the documents are possessed (i) directly by responding party, (ii) by his/her/their/its agents, employees or representative, or (iii)by his/her/their/its attorneys. 2. The documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond to the particular request, as set forth below, to which they are responsive. Pursuant to Rule 4009(b)(2), responding party shall file a written statement responding to each numbered request by identifying the document(s) produced in response to that request. If any question is objected to in whole or in part, the reason(s) for the objection must be stated. 3. If any request cannot be complied with in full, it should be complied with to the greatest extent possible, and an explanation provided as to why full compliance is not possible. 4. Whenever a request is stated in the conjunctive, it shall also be taken in the disjunctive, and vice versa. Whenever a request is stated in the singular, it shall also be taken in the plural, and vice versa. 5. This request is a continuing one. If, after producing documents, responding party obtains or becomes aware of any further documents responsive to that request, responding party is required to produce such additional documents. 6. If any claim of privilege or immunity from discovery is asserted as to any document (or any portion thereof), responding party shall furnish, in lieu of withheld documents, a schedule that specifically states the following information for each document (or portion) withheld. (a) the type of document (e.g., letter, memorandum, phone message slip, handwritten note, etc.); (b) the date of the document; (c) the author of the document; (d) the name of all person to whom the document or its contents have been disclosed or who are indicated on the document as having received copies of it; (e) the subject matter of the document and the circumstances of its creation in sufficient detail to ascertain the applicability of the claimed privilege or immunity from discovery; and a statement of the specific privilege or immunity claimed and of the basis upon which the privilege or immunity is claimed. 11. DEFINITIONS 1. The word "document" or "documents" as used herein shall be understood to mean all written, graphic or otherwise recorded matter, however produced or reproduced in the actual or constructive possession, custody, care or control of you, your officers, agents, employees and attorneys, or any of them including, but not limited to, originals and all copies of all correspondence, tapes, discs, photographs, contracts, drawings, reports, statements, telegrams, notes, sound recordings, minutes of meetings, memoranda, reports, and the like, whether made or received by you, as well as all other documents as defined in Pa.R.C.P. Rule 4009. 2. "Responding Party" shall refer to Plaintiff as well as her-agents, representatives, attorneys, accountants, consultants, independent contractors, and any other individual or entity associated or affiliated with you or acting on your behalf with respective matter in question. 3. The word "accident" or "incident" shall refer to the circumstances in which this action is based: III. REQUESTS These requests are intended to cover all documents in the possession, custody, and control of Plaintiffs, Plaintiffs' agents, employees, insurance carriers and attorneys. NOTE: A response of "will be supplied" or "will supplement" or "discovery is continuing" is not responsive. You have a duty to provide all items of which you are aware. The documents covered by this Request are as follows: 1. All documents relative to your enrollment at, and withdrawal from, Harrisburg Area Community College, including, but not limited to, all documents relative to your application, acceptance and withdrawal; any alleged disability relative to your school work; your grades, including transcripts and graded work/papers; all disciplinary actions; financial aid; and all documents of any kind relative to communications between you, HACC, and the financial aid agency. FORRY ULLMAN Dated: 2 2�I By: J S RP , E UIRE ey I.D. No. *fl 9 0 Court Street P.O. Box 542 Reading, PA 19603 Attorney for Defendants FORRY ULLMAN Joseph F. Murphy, Esquire Attorney I.D. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 10-6307 CIVIL TERM KEVIN J. SILVA Defendant JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I,JOSEPH F. MURPHY, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the within Request for Production of Documents was served, this date,by first-class mail, postage prepaid, addressed as follows: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: JO QUIRE Date: rJJ I I '�7i KAILA E. GEIDEL,now by marriage IN THE COURT OF COMMON PLEAS KAILA E.NOLEN CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : NO. 10-6307 CIVIL TERM KEVIN J. SILVA Defendant JURY OF TWELVE DEMANDED ORDER AND NOW,this&—*— ay of 2013, upon consideration of V Defendant's Motion to Compel Plaintiff to answer Defendant's Request for Production of Documents- Set 11, it is hereby ordered that said Motion is GRANTED. Plaintiff shall serve full, complete, and verified answers to this discovery within thirty(30) days from the date of this order, or suffer appropriate sanctions upon further application of Defendant. BY T F OUR J. cza C= M N) Ci — C�) C) F-3 J. ft&4LP� �1. rn�tc�„gr,�-- PRAECIPE FOR LISTING CASE FOR JURY TRIAL c c.- F;"= m i- (Must be typewritten and submitted in triplicate) .: ©c TO THE PROTHONOTARY OF CUMBERLAND COUNTY t rya M Please list the following case for a Jury Trla(. ------------------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (check one) Kaila E. Geidel, now by marriage, ® Civil Action —Law Kaila E. Nolen, Appeal from arbitration (other) (Plaintiff) No. 10-6307 Civil Term VS. The trial list will be called on Kevin J. Silva, September 10, 2013 (Defendant) Pretrials will be held on September 25, 2013 (Briefs are due 5 days before pretrials) Trials commence on October 7, 2013 Indicate the attorney who will try case for the party who files this praecipe: Joseph F. Murphy, Esquire, Forry Ullman, 540 Court Street, Reading, PA 19601 Indicate trial counsel for other parties if known: Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 This case is ready for trial. Signed: Print Na e: seph F u y Date: June 13, 2013 Attorney Defendant a a# S��d FORRY ULLMAN JOSEPH F. MURPHY,ESQUIRE Attorney I.D. 78119 540 Court Street,P.O. Box 542 Reading, PA 19603 610-777-5700 Attorney for Defendant KAILA E. GEIDEL, now by marriage IN THE COURT OF COMMON PLEAS KAILA E. NOLEN, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 10-6307 CIVIL TERM V. KEVIN J. SILVA, Defendant JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, and FORRY ULLMAN, attorneys for Defendant Kevin J. Silva, certify that the Praecipe for Listing Case for Jury Trial was served, this date, by first-class mail,postage prepaid,addressed as follows: Marcus McKnight, III,Esquire 60 West Pomfret Street Carlisle,PA 17013 FORRY,ULLMAN Date: June 13, 2013 By: )—) j 11�4 JOS H Q i- 11-11E PRO PI OIN J TA W 2013 JUN 19 All I I: 4 9 CERTIFICATE CUMBERLAND COONFAEREQUISITE TO SERVICE OF A SUBPOENA PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas-Cumberland County,PA KAILA E.GEIDEL,BY MARRIAGE KAILA vs. TERM: KEVIN J. SILVA CASE No: 10-6307 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOSEPH F. MURPHY 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 : 06/10/2013 RecordTrak on behalf of /S/JOSEPH F. MURPHY Attorney for Defendant i . s RT#: 226629 RECORDS PERTAIN TO: KAILA E. GEIDEL KAILA E. GEIDEL,BY MARRIAGE COURT: Court Of Common Pleas-Cumberland County,Pa KAILA vs. TERM: KEVIN J.SILVA DOCKET: 10-6307 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: MARCUS A.MCKNIGHT IRWIN&MCKNIGHT 60 WEST POMFRET STREET CARLISLE,PA 17013 (71.7)249-6354 May 20, 2013 Please take notice that on behalf of JOSEPH F.MURPHY, attorney far Defendant, RecordTrak intends to serve a subpoena identical to the one(s)attached to this notice. You have until June 10,2013 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. I 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 10,2013 TO (610)992-1405. All records will be provided(including no record statements)as produced by each record location. Daniel Wake 610.354.8348 RECORDTR K 651 Allendale Road P. O. Box 61591 King of Prussia,PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN MATERIALS BEING OBTAINED 17 PRISM(LUPINACCI) 1 , ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES,TEST RESULTS,CORRESPONDENCE, UESTIONNAIRESMISTORY&RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. 2 . ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING L STATEMENTS,ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES,PAYMENTS,TOTAL CHARGES,ALL AMOUNTS WRITTEN OFF,BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. 3 . ALL X-RAYS,MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT OR THE COPIES; CD OR FILMS AND THE FEE FOR EACH.PLEASE PROVIDE AN INVENTORY OF ALL FILMS,INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT LIMITED TO RECORDS FROM MICHAEL F.LUPINACCI, II,M.D. KAILA E. GEIDEL,BY MARRIAGE COURT: Court Of Common Pleas- KAILA Cumberland County,Pa vs. TERM: / / KEVIN J.SILVA DOCKET: 10-6307 18 PRISM(LUPINACCI) I - ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES,TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRESMISTORY&RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. 2 . 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 CORDS IN YOUR POSSESSION. 3 . ALL X-RAYS,MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS,INCLUDING DATES OF STUDY PRIOR TO COPYING.** "INCLUDING BUT NOT LIMITED TO RECORDS FROM MICHAEL F.LUPINACCI, II,M.D. 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 Signature of Plaintiffs Counsel: Date: FIRM: EMAIL: Page 2 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kaila V . File'No. 2010-6307 Kevin J. Silva j SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: �JA 7 (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the Court to produced the following documents or things: I i i 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. i If you fail to produce the documents or things required by this subpoena within twenty(20)da s 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: I Name: RecordTrak, Randy T. Burch, 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: Defendant Prothonotary/CI k, Civil Divisi'pn DATE: a eal of the Court i f I i RE: KAILA E. GEIDEL,BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE#: 226629; TAG 17 LOCATION: PRISM(LUPINACCI) RECORDS PERTAIN TO: KAILA E. GEIDEL SS#: 190-70-9183,DOB: 06/20/1989 1 .ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES,TEST RESULTS,CORRESPONDENCE,QUESTIONNAIRES/HISTORY &RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. 2.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. 3 .ALL X-RAYS,MRI SCANS,CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES;CD OR FILMS AND THE FEE FOR EACH.PLEASE PROVIDE AN INVENTORY OF ALL FILMS,INCLUDING DATES OF STUDY PRIOR TO COPYING.****INCLUDING BUT NOT LIMITED TO RECORDS FROM MICHAEL F.LUPINACCI,II,M.D. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kaila E. Geidel, by marriage Kaila V File No. 2010-6307 i Kevin J. Silva j SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: c� (Name of Person or Entity) i Within twenty(20) days after service of this subpoena,you are ordered by the Court to produce the following documents or things: i 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. i If you fail to produce the documents or things required by this subpoena within twenty(20) da s after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, Randy T. Burch, Esg. Address: 651 Allendale Rd, PO Box 61591 King of Prussia, PA 19406 Telephone: 800-801-7620 BY T COURT: ! Supreme Court ID# Attorney for: Defendant Prothonotary/Cl rk, Civil Division DATE: l/ I eal of the Court I RE:KAILA E. GEIDEL,BY MARRIAGE KAILA vs. KEVIN J. SILVA CASE NO. 10-6307 RECORDTRAK FILE#: 226629; TAG 18 LOCATION:PRISM(LUPINACCI) RECORDS PERTAIN TO: KAILA E. GEIDEL SS#: 190-70-9183,DOB: 06/20/1989 1 .ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES,TEST RESULTS,CORRESPONDENCE,QUESTIONNAIRES/MSTORY &RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. 2.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. 3 .ALL X-RAYS,MRI SCANS,CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES;CD OR FILMS AND THE FEE FOR EACH.PLEASE PROVIDE AN INVENTORY OF ALL FILMS,INCLUDING DATES OF STUDY PRIOR TO COPYING.** **INCLUDING BUT NOT LIMITED TO RECORDS FROM MICHAEL F.LUPINACCI, II,M.D. ** KAILA E.GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. NO.2010-6307 CIVIL TERM KEVIN J. SILVA, CIVIL ACTION - LAW Defendant PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: 'CJ z w --I Please mark the above-captioned case settled and discontinued. zM CZ z� r- Cn� N w Respectfully submitted, ?C:1 m c w c=rs IRWIN & KNIGHT, P.C. -� -< By: Marc s A. Mc ht, III,Esquire Supreme Court I.D. #25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff Date: August 23, 2013 KAILA E. GEIDEL, now by marriage : IN THE COURT OF COMMON PLEAS OF KAILA E.NOLEN, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. NO.2010-6307 CIVIL TERM KEVIN J. SILVA, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire,hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph F. Murphy, Esq. Forry Ullman 540 Court Street P. O. Box 542 Reading,PA 19603 IRWIN & Mc IGHT,P.C. By: Marcus A. McKnig t,III,Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D.No. 25476 Date: August 23, 2013 2 KAILA E. GEIDEL, now by IN THE COURT OF COMMON PLEAS OF marriage, KAILA E. NOLEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. KEVIN J. SILVA, Defendant 10-6307 CIVIL TERM RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 10th day of September, 2013 , upon information on behalf of Marcus A. McKnight, III, Esquire, that the case is settled, this matter is removed from the trial list . By the Court, zn'� rist ee L. eck, J. Douglas G. Miller, Esquire -.1 Marcus A. McKnight, Esquire For the Plaintiff .'Xioseph F. Murphy, Esquire For the Defendant o/Court Administrator — � C= 3 Prothonotary rn� r ' 2;:u a -Or l :vaecn�> �c ' C Lj x- C -�� �'� 1 �$ L c:s c CD CD 97, 43 trrll