Loading...
HomeMy WebLinkAbout11-2777SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor IC ,"t r 01 trir?6?rla -)g t+ _ -r r -1 ' e 2 1 P 1 1 1", ra Maryanne Graham vs. Case Number Charles Wadsworth let al.) 2011-2777 SHERIFF'S RETURN OF SERVICE 03/08/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Woodys, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 03/10/2011 01:30 PM - Perry County Return: And now March 10, 2011 at 1330 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Woodys, LLC by making known unto Shelby Winters, adult in charge of Woodys, LLC at 1790 New Valley Road, Marysville, Pennsylvania 17053 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/11/2011 07:20 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2011 at 1920 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles Wadsworth, by making known unto himself personally, at 639 B Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $68.00 March 15, 2011 Ceu=ry i t -!"f RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Maryanne Graham IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Woodys, LLC No. 2011-2777 Cumberland Co. SHERIFF'S RETURN And now March 10 , 2011 : Served the within name Woodys, LLC the defendant(s) named herin, personally at his place of residence in Rye Twp- 1790 New Valley Rd., Marysville, Perry County, PA, on March 10, 2011 at 1:30 o'clock PM by handing to Shelby Winters, Person in Charge 1 copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this r day ofd/ So answe Prothonotary Deputy COMMON LTH OF PENNSYLVANIA NOTARIAL SEAL JOY S. ZERANCE, NOTARY PUBLIC NEW BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES MARCH 6, 2014 true and attested Alan D. Houck ..,.Badge #8-3 r of Perry County 0F "' 10 E MARKS, O' NEILL, O'BRIEN & COURTNEY, P.C. i _ 1 `) Tai 0 N 0 TA F, BY: JOAN D DALY ESQUIRE IDENTIFICATION NO. 41325 ATTORNEY FOR D?EFE?NDANTS ' : ? ? 1800 JOHN F. KENNEDY BOULEVARD Charles WadswortlEUIUNR ]MOTY SUITE 1900 PENNSYLVANIA PHILADELPHIA, PA 19103 (215) 564-6688 174-89759 MARYANNE GRAHAM VS. CHARLES WADSWORTH and WOODYS LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 11-2777 JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Charles Wadsworth and Woodys LLC in the above-captioned matter. Defendants by and through their undersigned attorney hereby demand a trial by jury of twelve in the above referenced matter. MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. By: dghn D. Daly, F-squiie _?J_ ttorney for Defendants, Charles Wadsworth and Woodys LLC (PH435701.1) L? BY: JO IDENTI 1800 JO SUITE I PHILAI (215) 56, 174-89759 MARYA CHARLI _.: TO: ALL COUNSEL 2011 AIM 2 I !? 7 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND NEW MATTER CROSS-CLAIM CUMBERLAND COUNTY WITHIN TWENTY (20) DAYS FROM SERVICE HE N N'S Y LVA N I A HEREO R A JUDGMENT MAY BE ENTERED AGAI T TU.? ATTO OR DEFE AN S, O'NEILL, O'BRIEN & COURTNEY, P.C. N D. DALY, ESQUIRE ICATION NO. 41325 ATTORNEY FOR DEFENDANTS N F. KENNEDY BOULEVARD Charles Wadsworth and Woodys LLC 900 ELPHIA, PA 19103 -6688 1E GRAHAM vs. WADSWORTH and WOODY S LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 11-2777 JURY TRIAL DEMANDED ANSWER OF DEFENDANTS CHARLES WADSWORTH AND WO PLAINTIFF'S COMPLAINT WITH NEW MATTER NOW, come the Defendants, Charles Wadsworth and Woodys LLC, by and through t?eir attorney, Joan D. Daly, Esquire, and hereby file an Answer to Plaintiff's Complaint with Neuf Matter as follows: Denied. After reasonable investigation, Answering Defendant, is without and knowledge or information upon which to form a belief as to the truth or falsity of the contained in this paragraph of Plaintiff's Complaint and they are, therefore, denied proof thereof is hereby demanded at the time of trial. By way of further answer, this is denied pursuant to Pa.R.C.P. 1029(e). (PH436037.1 2 Admitted. 3. Admitted 4 It is admitted that Defendant, Charles Wadsworth was operating a Woodys LLC 2003 Freightliner tractor trailer, Pennsylvania tag #WL-20716 which was involved in an accident. The remaining allegations of this paragraph are conclusions of law not requiring a response pursuant to the Pennsylvania Rules of Civil Procedure. If a responsive pleading is deemed equired, all of the allegations contained in this paragraph are specifically denied and strict proof thereof is hereby demanded at the time of trial. 5? Denied. It is specifically denied that Defendants acted or failed to act by any agents, servants, workmen and/or employees. It is further denied that at any relevant time any unnamed persons were the agents, servants, workers and/or employees of Answering Defendants who were acting within the scope of their employment acted or failed to act, and strict proof thereof is hereby demanded at the time of trial. 6? Denied. It is specifically denied that Defendant, Charles Wadsworth acted carelessl and/or negligently in his operation of the tractor trailer and strict proof thereof is hereby d manded at the time of trial. By way of further answer, this paragraph is denied pursuant ?o Pa. R.C.P. 1029(e). 7. Denied. It is specifically denied that Defendants were negligent and/or careless in any manner and strict proof thereof is hereby demanded at the time of trial. By way of further answer, ?nswering Defendants acted with due care at all times, therefore, each and every of paragraph 7(a)-70) is hereby denied and strict proof thereof is hereby demanded at the time 1029(e). trial. By way of further answer, this paragraph is denied pursuant to Pa. R.C.P. {PH436037.1 A 7 (k) This paragraph of Plaintiff's Complaint has been dismissed by Stipulation. 81 Denied. It is specifically denied that the accident was due solely to the negligence and carelessness of the Defendants. On the contrary, said accident was due to the negligence of the COUNTI PLAINTIFF, MARYANNE GRAHAM V. ALL DEFENDANTS THIRD PARTY LIABILITY 9 By way of further answer, this paragraph is denied pursuant to Pa. R.C.P. 1029(e). Answering Defendants incorporate by reference Paragraphs 1 through 8 above as though s?t forth fully herein at length. 1 Q. Denied. After reasonable investigation, Answering Defendant, is without knowledge or information upon which to form a belief as to the truth or falsity of the avermenjs contained in this paragraph of Plaintiff's Complaint and they are, therefore, denied and stria proof thereof is hereby demanded at the time of trial. By way of further answer, this p is denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation, Answering Defendant, is without n knowledge or information upon which to form a belief as to the truth or falsity of the Zt contained in this paragraph of Plaintiff's Complaint and they are, therefore, denied and stria proof thereof is hereby demanded at the time of trial. By way of further answer, this p is denied pursuant to Pa.R.C.P. 1029(e). 1 . Denied. After reasonable investigation, Answering Defendant, is without nt knowledge or information upon which to form a belief as to the truth or falsity of the it contained in this paragraph of Plaintiff's Complaint and they are, therefore, denied and strict proof thereof is hereby demanded at the time of trial. By way of further answer, this I is denied pursuant to Pa.R.C.P. 1029(e). {PH436037.1 A 15. Denied. After reasonable investigation, Answering Defendant, is without sufficient knowledge or information upon which to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiff's Complaint and they are., therefore, denied and strict proof thereof is hereby demanded at the time of trial. By way of further answer, this paragraph is denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation, Answering Defendant, is without sufficient knowledge or information upon which to form a belief as to the truth or falsity of the contained in this paragraph of Plaintiff's Complaint and they are, therefore, denied and strict proof thereof is hereby demanded at the time of trial. By way of further answer, this is denied pursuant to Pa.R.C.P. 1029(e). 1 ?. Denied. After reasonable investigation, Answering Defendant, is without sufficient knowledge or information upon which to form a belief as to the truth or falsity of the contained in this paragraph of Plaintiff's Complaint and they are, therefore, denied and stria proof thereof is hereby demanded at the time of trial. By way of further answer, this is denied pursuant to Pa.R.C.P. 1029(e). REFORE, Defendants, Charles Wadsworth and Woodys LLC, hereby demand that be entered in their favor and against Plaintiff, with an award of attorney's fees and costs associated with the defense of this litigation. NEW MATTER TO PLAINTIFF, MARYANNE GRAHAM 1 ?. Plaintiff's Complaint is barred for failure to state a cause of action against Defendants. 1 ?. Plaintiff's Complaint is barred by the applicable Statute of Limitations. 11. Plaintiff's Complaint is barred or limited by the contributory negligence of the {PH436037.1 Plaintiff. 1 9. Plaintiff s Complaint is barred by the Doctrine of the Assumption of the Risk. Damages, if any, sustained by Plaintiff are the result of actions or inactions by third peroons over whom answering Defendants exercise no control. Answering Defendants specifically deny all averments of negligence, causation, injuries, posses and damages. Plaintiff failed to mitigate any injuries, losses and damages all the same being denied. To the extent same may be applicable, Answering Defendants affirmatively assert all defences set forth in the Pennsylvania Rules of Civil Procedure 1030. 2{?. The liability of Answering Defendants, the existence of any such liability being expressl? denied, and the right of the Plaintiff claiming against the Answering Defendants are barred arid/or limited by the applicable comparative negligence statute. 25. Plaintiff s Complaint is barred or limited by the Pennsylvania Motor Vehicle Financia Responsibility Law 75 Pa.C.S. § 1701, et seq. Defendants, Charles Wadsworth and Woodys LLC, hereby demand that judgment be entered in their favor and against Plaintiff, with an award of attorney's fees and costs associated with the defense of this litigation. MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. By: Joarf Del Daly, Esqu4fe Att ey for Defendants, Charles Wadsworth and Woodys {PH436037.1 VERIFICATION I Charles Wadsworth verify that the averments of fact made in the foregoing ANSWER OF DEFENDANTS, CHARLES WADSWORTH AND WOODYS LLC TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct based upon my personal knowledge, or belief. I understand that this verification is made subject to the penalties of 18 PA.C.S. ?ection 4904 relating to unsworn falsification to authorities. Charles Wadsworth 5/ 3111 DATED:I {PH436037.1 VERIFICATION Donald Wood, Sr., on behalf of Woodys LLC, verify that the averments of fact made in the foregoing ANSWER OF DEFENDANTS, CHARLES WADSWORTH AND WOODYS LLC Tq PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct based upon my pers+nal knowledge, information or belief. I understand that this verification is made subject to the penalties of 18 PA.C.S. Section 4904 relating to unworn falsification to authorities. Donald oo Sr. DA IPH442413. CERTIFICATE OF SERVICE I Nicole A. Tucker, Legal Assistant, hereby certify and state that a true and correct copy of Ans r of Defendants, Charles Wadsworth and Woodys LLC to Plaintiff's Complaint with New atter has been forwarded to counsel of record listed below via first-clask, postage pre-paid mail: Scott E. iamond, Esquire Clearfiel , Kofsky & Penneys Suburb Station Building, Suite 355 1617 Jo F. Kennedy Boulevard Philadel hia, PA 19103 Ni le A. Tu er Lega > stant to Joan D. Daly, Esq. Date: { PH436037.1 .. , , .. J? -. r? i ivy. _ rfC,i GN0; j 2011 1f:'f1 27 P'M 2, C, • CLEARFIELD, KOFSKY & PENNEYftMBERLAND COUNTY BY: Scott E. Diamond, Esquire 4'EIN NSY&*MO' for Plaintiff Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 MARYANNE GRAHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 2011-2777 CHARLES WADSWORTH and WOODYS LLC PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS Plaintiff by and through her attorneys, Clearfield, Kofsky & Penneys, hereby responds to Defendants' New Matter as follows: 16-25. Denied. Denied as a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendants' New Matter, and enter judgment in her favor and against the Defendants. CLEARFIELD, KOFSKY & PENNEYS BY SCOTT E. DIAMOND, ESQUIRE Attorney for Plaintiff VERIFICATION I, Scott E. Diamond, Esquire, hereby verify that I am the attorney for Plaintiffs in the attached ANSWER TO NEW MATTER, and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. E. DIAMOND, ESQUIRE for Plaintiff CLEARFIELD, KOFSKY & PENNEYS BY: Scott E. Diamond, Esquire Attorney for Plaintiff Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 MARYANNE GRAHAM COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CHARLES WADSWORTH and WOODYS LLC NO. 2011-2777 CERTIFICATE OF SERVICE I, Scott E. Diamond, Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was furnished to all parties via E-filing email notice or regular US mail. CLEARFIEL KOFSKY & PENNEYS By: Z"40 r' COTT E. DIAMO ,ESQUIRE r MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: JOAN D. DALY, ESQUIRE MATTHEW J. ALLEN, ESQUIRE IDENTIFICATION NOS. 41325/208162 1800 JOHN F. KENNEDY BOULEVARD SUITE 1900 PHILADELPHIA, PA 19103 (215) 564-6688 174-89759 MARYANNE GRAHAM vs. CHARLES WADSWORTH and WOODYS LLC COURT OF COMMON PLEAS N `i CUMBERLAND COUbR-!j -? r? CIVIL DIVISION?E r _ M NO. 11-2777; =? `=? CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached hereto and listed below was mailed or delivered to the party and counsel listed below have indicated their agreement to waive the twenty (20) day waiting period prescribed by the Rules of Civil Procedure for the following subpoenas: • Lower Allen EMS; • Harrisburg Hospital; • Herr's Ridge Family Medicine; • Herman Chiropractic; and • Commonwealth of PA Dept. of Public Welfare A copy of the Notice of Intent, including the proposed subpoenas are attached to this certificate; No objection to the subpoenas has been received, and The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve the subpoenas. Date: 1d MARKS, O'NEILL, O'BRIEN & COURT Y By: (Am Joan D. 1 , Esquire Matthew J. Allen, Esquire Attorneys for Defendants ATTORNEYS FOR DEFENDANTS Charles Wadsworth and Woodys LLC t PH457737.1 ) MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: JOAN D. DALY, ESQUIRE MATTHEW J. ALLEN, ESQUIRE IDENTIFICATION NOS. 41325/208162 1800 JOHN F. KENNEDY BOULEVARD SUITE 1900 PHILADELPHIA, PA 19103 (215) 564-6688 174-89759 MARYANNE GRAHAM VS. CHARLES WADSWORTH and WOODYS LLC ATTORNEYS FOR DEFENDANTS Charles Wadsworth and Woodys LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 11-2777 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Scott E. Diamond, Esquire Clearfield, Kofsky & Penneys Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Defendants intend to serve Subpoenas regarding Treena Sayles, upon the following: Lower Allen EMS; Harrisburg Hospital; Herr's Ridge Family Medicine; Herman Chiropractic; and Commonwealth of PA, Department of Public Welfare. Copies of the Subpoenas are 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 subpoenas. If no objection is made, the Subpoenas may be served. MA S,UWN RIEN & COURTNEY, P.C. V C') era o By: Joan D. ly, Esquire Zrn y, rrn Matthew J. Allen, Esquire r? -- -< ",? Date: 05/18/11 Attorneys for Defendants w CD Z p D N C) M D { PH451346. l 1 EXHIBIT "A" RE: Treena Sayles 3655 Chambershill Rd Harrisburg PA 17111 D/OB: 4/16/07 Any and all records and reports in your possession concerning the above named individual, including but not limited to any and all records, reports, bills, correspondence, notes, nurse's notes, doctor's notes, ambulance records, referrals, referral reports, prescriptions, bills, therapy notes, evaluations, office notes, patient questionnaires, diagnostic studies, reports of any and all films, discharge summaries, operative notes, consultation reports, work comp records and payments, etc. Also requested are copies of all films. { PH450246.1 } COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Maryanne Graham 11-2777 Plaintiff File No. VS. Charles Wadsworth and Woodys, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen EMS, 2233 Gettysburg Road, Camp Hill, Pa. 17011 (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 Exhibit A attached regarding Treena Sayles, D/O/B 04/16/07 at Marks, O'Neill, O'Brien & Courtney, 1800 JFK Blvd., Ste. 1900, Phila., Pa. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew J. Allen, Esquire ADDRESS: 1800 JFK Blvd., Suite 1900 Phila., Pa. 19103 TELEPHONE: 215-:564-6688 SUPREIvf.E COU RT ID # 208162 ATTOR^IEY FOR: _-Dgtendants Date:___ Seal of the Court THE C RT: rot otary, Civil ivision Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Maryanne Graham Plaintiff File No. VS. Charles Wadsworth and Woodys, LLC Defendant 11-2777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital, 111 S. Front Street, Harrisburg, Pa 17101 (Name of Person or Entity) Within twenty (20) clays after service of this subpoena, you are ordered by the court to produce the following documents or things: See Exhibit A attached regarding Treena Sayles D/O/B 04/16/07 at Marks, O'Neill, O'Brien & Courtney, 1800 JFK Blvd., Suite 1900, Phila., Pa. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew J. Allen, Esquire ADDRESS: 1800 JFK Blvd. Suite 1900 Phila., a. 2155646688 TELEPHONE: - - SUPREME COURT ID # ATTORNEY FOR: Defendants Date: Seal of the Court BY THE URT: onotary, Civil ivision Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Maryanne Graham Plaintiff File No. 11-2777 VS. Charles Wadsworth and Woodys, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Herr's Ridge Family Medicine 820 Chambersburg, Rd., Gettysburg, Pa. 17325 (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 Exhibit A attached regarding Treena Sayles, D/O/B 04/16/07 at Marks, O'Neill, O'Brien & Courtney, 1800 JFK Blvd., Suite 1900, Phila., Pa. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew J. Allen, Esquire ADDRESS: Blvd, ulte 00 Phila., Pa. 19103 TELEPHONE: 215-564-6688 SUPREME COURT ID # 208162 ATTORNEY FOR: Defendants Date •_ _ -- Seal of the Court yC. BY Arothonotar, : it Division Deputy - 40 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Maryanne Graham Plaintiff File No. vs. Charles Wadsworth and Woodys, LLC Defendant 11-2777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (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: TO: Herman Chiropractic, 6301 Grayson Rd., A-130, Harrisburg, Pa. 17111 See Exhibit A attached regarding Treena Sayles D/O/B 04/16/07 at Marks, O'Neill, O'Brien & Courtney, 1800 JFK Blvd., Suite 1900, Phila., Pa. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew J. Allen, Esquire ADDRESS: 1800 JFK Blvd., Ste. 1900 Phila_, Pa 19103 TELEPHONE: 215-564-6688 SUPREME COU RT ID # 208162 ATTORNEY FOR: Defendants Date:__ Seal of the Court B T URT- tary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Maryanne Graham Plaintiff File No. 11-2777 vs. Charles Wadsworth and Woodys, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commonwealth of PA, Dept. of Public Welfare P.0 Box 8486, Harrisburg, Pa. (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: Any and all records regarding Treena Sayles, D/O/B 04/16/07 at Marks, O'Neill, O'Brien & Courtney, 1800 JFK B1vd.,Ste. 1900, Phila., Pa. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing. the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew J. Allen, Esquire ADDRESS: Blvd., St--e-.--T900 Phi a., Pa. 19103 TELEPHONE: 21-5-564-6688 SUPREME COURT ID # 08162 ATTORNEY FOR: Defendants 3 -,?) it Jate: Seal of the Court BY aRT?? r onotary, Civil ivision Deputy MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: JOAN D. DALY, ESQUIRE MATTHEW J. ALLEN, ESQUIRE IDENTIFICATION NOS. 41325/208162 1800 JOHN F. KENNEDY BOULEVARD SUITE 1900 PHILADELPHIA, PA 19103 (215) 564-6688 174-89759 MARYANNE GRAHAM vs. CHARLES WADSWORTH and WOODYS LLC CIVIL DIVISION NO. 11-2777 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached hereto and listed below was mailed or delivered to the party and counsel listed below have indicated their agreement to waive the twenty (20) day waiting period prescribed by the Rules of Civil Procedure for the following subpoenas: • Lower Allen EMS • Harrisburg Hospital • Herr's Ridge Family Medicine • Herman Chiropractic • Commonwealth of PA Dept. of Public Welfare; • Orthopedic Institute of PA • Tristan Associates • Fairfield Family Medicine • Dr. Yakov Vorobeychick ATTORNEYS FOR DEFENDAW Cn Charles Wadsworth and WoodysL? % Z-2 C m -am z z° -G =C =F COURT OF COMMON I?S _ prrn y CUMBERLAND COUNT .- cn x' • Neal R. Gaverick • Leo Kratz, D.O. • Gettysburg Day Spa • Nationwide Insurance • Commonwealth of PA Dept. of Public Welfare • Lower Allen Police Department A copy of the Notice of Intent, including the proposed subpoenas are attached to this certificate; No objection to the subpoenas has been received, and The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve the subpoenas. Date: r u1 MARKS, O'NEILL, O'BRI N & C URTN Y, P . By: loan D. Dal Esquire Matthew J. Allen, Esquire Attorneys for Defendants I PH457742.1 } MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: JOAN D. DALY, ESQUIRE ERIC J. ASSINI, ESQUIRE IDENTIFICATION NOS. 41325/203307 1800 JOHN F. KENNEDY BOULEVARD SUITE 1900 PHILADELPHIA, PA 19103 (215) 564-6688 174-89759 MARYANNE GRAHAM vs. CHARLES WADSWORTH and WOODYS LLC ATTORNEYS FOR DEFENDANTS Charles Wadsworth and Woodys J,C, :N C-, rn tez7 r- `? :- .'?I> CD N < gr -4r =-, COURT OF COMMON A 3 ' CUMBERLAND CO o ; r - C-1) CIVIL DIVISION - NO. 11-2777 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Scott E. Diamond, Esquire Clearfield, Kofsky & Penneys Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Defendants intend to serve a Subpoena regarding Maryanne Graham, upon the following: Gettysburg Hospital. A copy of the Subpoena 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 no objection is made, the Subpoena may be served. MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. r By:? Joan D. Daly, Esquire Eric J. Assini, Esquire Date: 08/19/11 Attorneys for Defendants PH476364.1 } COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Maryanne Graham Plaintiff File No. vs. Charles Wadsworth and Woodys LLC Defendant 11-2777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gettysburg Hospital, 147 Gettys Street, Gettysburg, Pa. 17325 (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 Exhibit A attached. at Marks, O'Neill, O'Brien & Courtney, 1800 JFK Blvd., Ste. 1900, Phila., Pa. 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Eric J. Assini, Esquire ADDRESS: 1600 JFK vd. , Ste. 900 Philadelphia, Pa. 19103 TELEPHONE: - - SUPREME COURT ID # 203307 ATTORNEY FOR: Defendants Date:_ Seal of the Court EXHIBIT "A" RE: Maryanne Graham D.O.B.: 08/08/71 Any and all records and reports in your possession concerning the above named individual, including but not limited to any and all records, reports, bills, correspondence, notes, nurse's notes, doctor's notes, ambulance records, referrals, referral reports, prescriptions, bills, therapy notes, evaluations, office notes, patient questionnaires, diagnostic studies, reports of any and all films, discharge summaries, operative notes, consultation reports, work comp records and payments, etc. Also requested are copies of all films. (PH450246.1) CLEARFIELD,KOFSKY&PENNEYS BY:Ronald A. Clearfield,Esquire Attorney for Plaintiff Identification Number: 38543 1617 John F.Kennedy Boulevard, Suite 355 Philadelphia,PA 19103 215-563-6333 MARYANNE GRAHAM COURT OF COMMON PLEAS ` `? '" CUMBERLAND COUNTY V. -<> NO.2011-2777 CHARLES WADSWORTH and - WOODYS LLC - - STIPULATION Ronald A. Clearfield&Associates,P.C.(the"Clearfield Firm")and Sacks,Weston, Petrelli &Diamond,LLC(the"SWPD Firm"),now counsel for Plaintiff in the above-captioned matter,hereby stipulate and agree as follows: 1. Plaintiff was formerly represented by the Clearfield Firm in this matter. 2. Plaintiff is now represented by the SWPD Firm. 3. Prior to the transfer of this matter from the Clearfield Firm to SWPD,the Clearfield Firm advanced certain costs in relation to this matter. 4. Pursuant to a confidential Separation Agreement and Mutual Release by and between the Clearfield Firm and SWPD,the Clearfield Firm is entitled to be reimbursed for all costs previously advanced by the Clearfield Firm and certain fees. 5. Accordingly, if the result of this matter is a judgment,verdict,or settlement in favor of Plaintiff,no distribution of the proceeds of same shall be made to SWPD or to Plaintiff until the Clearfield Firm has been reimbursed for all costs incurred in this matter and such fees as set forth in the confidential Separation Agreement and Mutual Release. 6. This Stipulation may be entered as an Order of this Court. RONAL] I D &ASSOCIATES, P.C. Date: l c Y' Att rney for Plaintiff SACKS, WESTON,PETRELLI&DIAMOND, LLC Date: 'Z '�--? I By: SACKS,WESTON,PETRELLI & DIAMOND By: Scott E. Diamond, Esquire Attorney for Plaintiff Identification No. 44449 1818 Market Street Suite 1700 Philadelphia, PA 19103 (215) 523-6900 r) ' COURT OF COMMON PLEAS_= � -t MARYANNE GRAHAM CUMBERLAND COUNTY sA�: V. NO: 2011-2777 `V' " CHARLES WADSWORTH and WOODYS, LLC =' ORDER TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled,Discontinued and Ended upon payment of your costs only. SACKS,WESTO THE & DIAMO BY: S�O`'TT E. DIAMOND, ESQUIRE s"-''Attorney for Plaintiff, Maryanne Graham