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HomeMy WebLinkAbout01-2310TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE - COMPLAINT 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 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 notice for any 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOT1CIA Le han demandado a usted an la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier gueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros dcrechos importantcs para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUNENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEOUIR ASISTENCIA LEGAL. Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 ----- ,.73/o ~ '"fi'a.,.-- CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT l. The Plaintiffs, Terry Smith and Eve Smith, are adult individuals who reside at 1161 Baish Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Corbin Dixon, is an adult individual who resides at Route 3, Box 158-P, Staunton, Virginia, 24401. BACKGROUND 3. On June 18, 1999, a Friday at approximately 12:00 p.m. the Plaintiff Terry Smith was driving his 1990 Nissan. Trooper. On that same date the Defendant Corbin Dixon was operating an Isuzu 5. The Plaintiff Terry Smith was traveling south on Route 81 and had exited at the College Street exit of Route 81. The Plaintiff Terry Smith stopped in the left lane because of a controlling traffic signal. 6. The Defendant Corbin Dixon was also traveling south on Route 81 and was to the rear of the Plaintiff Terry Smith at the College Street exit. 7. Without regard to the Plaintiff Terry Smith's vehicle which was lawfully stopped, the Defendant Corbin Dixon drove his vehicle into the rear of Terry Smith's pick-up. 8. The force of the impact pushed Terry Smith's pick-up forward mid caused Terry Smith's body to move backward and forward in a rapid manner. COUNT I Terry Smith v. Corbin Dixon 9. The collision and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Terry Smith are the direct result of the carelessness, recklessness and negligence of the Defendant Corbin Dixon as more particularly described below. a.) In failing to stop his vehicle before colliding with the vehicle in which the Plaintiff Terry Smith was driving. b.) In failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the Plaintiff Terry Smith's vehicle. c.) In failing to keep adequate and proper control over his vehicle to avoid contact with the automobile which the Plaintiff Terry Smith was driving. d.) In operating his vehicle in a reckless manner and with careless disregard for the rights or safety of others and in operating his vehicle in a manner endangering persons and property in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3310, by following too closely to the car ahead of his truck, namely the pick-up driven by Terry Smith. e.) In failing to properly and quickly apply his brakes to prevent the vehicle he was driving from colliding with the rear of the vehicle which the Plaintiff Terry Smith was driving. 10. The force and impact of the collision as caused by the negligence of the Defendant Corbin Dixon caused serious and permanent injury to the Plaintiff Teizy Smith for which he has received medical and chiropractic care. 11. The Plaintiff Terry Smith suffered the following injuries as a result of the negligence of the Defendant: (a) Thoracic disc injury; (b) Persistent and continuous back pain; (c) Occasional numbness radiating down the spine to the left leg; (d) Rib pain; (e) Headaches; (f) Fatigue; (g) Loss of sleep; (h) A greater susceptibility to spinal injury; (i) Acceleration of degenerative changes in spine; 0) Limitation in range of motion; and (k) General loss of strength. 12. As a result of the negligence of the Defendant Corbin Dixon as described heroin, the Plaintiff Terry Smith has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. l 3. Plaintiff Ten2~ Smith has and will in the future sustain a loss of earnings and an impairment to his earning capacity. 14. Plaintiff Terry Smith has been forced to expend sums of money for medical services, medication and therapy in the past and will be required to continue to do so in the future. 15. All of Plaintiff Terry Smith's injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereof. 16. The negligence of the Defendant Corbin Dixon has resulted in the general deterioration of Plaintiff Terry Smith's well-being. WHEREFORE, the PlaintiffTerry Smith demands judgment against the Defendant Corbin Dixon in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. COUNT II Eve Smith v. Corbin Dixon 17. Paragraphs 1-18 are incorporated herein by reference thereto. 18. The Plaintiff Terry Smith is married to the Plaintiff Eve Smith and was so at the time of the incident described above. l 9. The Plaintiffs Terry Smith and Eve Smith have resided together since before and after the crash described above. 20. By reason of the aforesaid injuries to her husband, Eve Smith has been and will in the future be deprived of the assistance, society and companionship of her husband. WHEREFORE, PlaintiffEve Smith demands judgment against the Defendant Corbin Dixon in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. Date: P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233 -4780 Supreme Court I.D. #19222 Attorney for Plaintiffs VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. lohu P~ Ninosky, Esquire Attorney L D. No. 78000 GOLDBERG, KATZM_AN & SHIPMAN, P.C. 320 Market Street P.O. Box 126~ Han'isbu~, PA 17108-1268 Telephone: (717) 234-4161 TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendants Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : NO. 2001-2310 Civil Term : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John R. Ninosky, Esquire, of Goldberg, Katzman & Shipman, P.C., as counsel for Defendant Corbin Dixon in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: ,/o ! 63404.1 By Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Hardsburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Corbin Dixon CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 09/6/2 day of //~ 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John R. Ninosky, Esquir~ Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108~1268 Telephone: (717) 234-4161 Attorneys for Defendant Corbin Dixon ~ S~RRIFF'S R~TURN ~ CASE NO: 2001-02310 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SMITH TERRY L ET AL VS. DIXON CORBIN U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DIXON CORBIN , by United States Certified Mail postage prepaid, on the 20th day of April ,2001 at 0008:00 HOURS, at RTE 3 BOX 158 P STAUNTON, VA 24401 , a true and attested copy of the attached COMPLAINT & NOTICE Together with , The returned receipt card was signed by CORBIN DIXON oo/oo/oooo Additional Comments: 5/1/0] on Sheriff's Costs: Docketing 18.00 Cert Mail 5.68 Affidavit .00 Surcharge 10.00 .00 33.68 Sheriff of Cumberland County Paid by ROBERT F. CLARVAL Sworn and subscribed to before me this 2~ day of~ J6~f A.D. Pr~t%lonotary on 05/03/2001 John R. Ninosky, Esguire Attorney I. D. No. 78000 C~OLDBER~, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~NIA CIVIL ACTION - LAW NO. 2001-2310 Civil Term JURY TRIAL DEMA2qDED NOTICE TO PLEA/) TO: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 You are hereby notified to plead to Defendant Dixon's Answer With New Matter To Plaintiffs' Complaint within twenty (20) days from service hereof. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. John'R. Ninosky, EsqUire Atty. I.D. #78000 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dixon John R, Ninosky, Esquire Attorney I. D. No. 78000 ~OLDBERG, KATZMAN & S~I~T~%N, ~.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant TERRY L. SMITH and : IN THE COURT OF COMMON PLEAS OF EVE SMITH, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : : CIVIL ACTION - LAW V. : : NO. 2001-2310 Civil Term CORBIN DIXON, : Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, his counsel, Goldberg, Katzman & Shipman, P.C., Answer with New Matter by respectfully stating Corbin Dixon, by and through who files this the following: 1. Denied After reasonable investigation, the Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. Admitted. Denied pursuant to Pa. R.C.P. Denied pursuant to Pa. R.C.P. 1029 (e) . 1029 (e) . 9. Denied. including subparagraphs (a) through Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. 11. COUNT 1 TERRY SMITH V. CORBIN DIXON The allegations contained in Paragraph 9, (e), are denied pursuant to R.C.P. 1029(e). Denied. The allegations contained in Paragraph 11, including subparagraphs Pa. R.C.P. 1029(a}. 12. Denied pursuant 13. Denied pursuant 14.. Denied pursuant 15. Denied pursuant 16. Denied pursuant (a) through (k), are denied pursuant to to Pa. R.C.P. 1029(e). to Pa. R.C.P. 1029(e). to Pa. R.C.P. 1029(e). to Pa. R.C.P. 1029(e). to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment against Plaintiff and respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. 2 COUNT 11 EVE SMITH V. CORBIN DIXON 17. Paragraphs 1 through 16 are incorporated herein by reference thereto. 18. Denied After reasonable investigation, the Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 19. Denied After reasonable investigation, the Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded and the same are therefore denied. 20. Denied pursuant to Pa. R.C.P. 1029(e}. WHEREFORE, Defendant demands judgment against Plaintiff and respectfully requests that Plaintiffs' Complaint be dismissed with prejudice. 3 NEW M~TTER 21. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 22. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et. seq. 23. Plaintiffs' claims may be limited or barred by the ~Limited Tort" option pursuant to 75 Pa. C.S.A. ~1705, et. seq. 24. The accident and any injuries sustained by Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 25. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages allegedly sustained by the Plaintiffs. The accident may have been caused by a sudden 26. emergency. 27. That if the Plaintiffs their Complaint, those injuries were caused, in whole or part, the negligence of the Plaintiffs and to recover in this action barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. suffered the injuries alleged in by is 4 WHEREFORE, respectfully requests with prejudice. Defendant demands judgment against Plaintiff and that Plaintiffs' Complaint be dismissed Respectfully submitted, GOLDBERG, KATZMAN & SHIPM~RN, P.C. Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant 64121.1 5 VERIFICATION I have read the foregoing Answer with New Matter and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. 94904. CORBIN DIXON DATE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same Harrisburg, Pennsylvania, day in the United States Mail at with first-class postage prepaid on the , 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 64121.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. John R. Ninosky/, E~s uire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2310 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby' certify that I have this day served Plaintiff's Interrogatories - First Set and Request for Production of Documems - First Set Addressed to Defendant Corbin Dixon by first class mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Date: ROBERT F. CLARAVAL, ESQ. DENISE I. WILLIAMS, Secretary TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORB1N DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2310 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 21. Denied. Paragraph 21 is a conclusion of law to which no response is required. 22. Denied. Paragraph 22 is a conclusion of law to which no response is required. 23. Denied that the Plaintiff has a limited tort policy. 24. Denied that the Plaintiff was in any way negligent or that his injuries were caused in whole or in part by the negligence of any third parties. 25. Denied. Paragraph 25 is a conclusion of law to which no response is required. 26. Denied. It is denied that there was any sudden emergency which caused the Defendant Corbin Dixon to act in the negligent manner in which he did. 27. Denied. Paragraph 27 is a conclusion of law to which no response is required. Date: Respectfully submitted, BY ~p~v~ P.O. Box 11965 ~ Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorney for Plaintiffs VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the contem of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2310 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy of the attached PlaintifPs Reply to Defendant's New Matter by first class mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARAVAL, ESQ. By ~ff-~ (~, [~j~dl4A~:9 DENISE I. WILLIAMS, Secretary TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2310 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiff's Response to Defendant's Interrogatories and Request for Production of Documents by first class mail, postage prepaid, addressed to the following persons: John R. Ninosky, Esq. Goldberg, Katzman & Shipman P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARAVAL, ESQ. DENISE I. WILLIAMS, Secretary CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SMITH DIXON tVS ~ COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16/2001 Attorney for DEFENDANT DEll-285656 724 9 0 --LO1 COlV~I~ON~rEALTH OF PENNSYLVANIA COUNTY OF CLIIVlBERLAND IN THE MATTER OF: SMITH DIXON -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 NOTICE OF II~EI~ TO SERVE A SURPOENA '3['0 PRODUCE DOCUME~S 'IHINGS FOR DISCOVERY P~U~ ~ RUI.,E 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of J0~N N. NINOSIUI, ESqUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frc~ 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 ~ade, 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 sAm~ to HCS or by contacting our local HCS office. DATE: 0912512001 CC: JOHN R. NINOSKY, ESQUIRE - 22740-1108 MCS on behalf of JOHN R. NINOS~Y, ESQUIRE Attorney for DEPENDANT Any questions regarding this matter, contact T~x. MCS GROUP INC. 1601 HARKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490--C01 >>> LOC~TION LIST <<< PAGE: RECORDS REQUESTED INSDI~CE MFA)ICAL MEDICAL MEDICAL MFA)ICAL ~ICAL MEDICAL HEDIC~ ~DIC~ MEDICAL MEDICAL LOCATION NAHE PROGRESSIVE INS. COHPANY DR. AI.P-~,~IDER F, AL~NAK DR. RICHARD SHITH RICHARD L. SLEBER, M.A. DR. DAVID ~ENNER KDV ORTHOPEDICS THE HETRICK CENTER WILLIAH J. POLACUECK, JR.,M.D. DR. 'W. SCOTT SETZER SEIDLE HEHORIAL HOSPITAL - FAHILY INTERNAL HEDICINE FREDERICK HEHORIAL HOSPITAL DE02-165693 72490--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SMITH VS : DIXON : File No. 2001-2310 SUBPOENA TO PRODUCE DOCU~-rs OR THINGS FOR DISCOVERY PURSUA.N-I' TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: PROGRESSIVE INSURANCE CO. {Name o~' Pe~on or -~nl~in/) Within ~we,,'~..- {20) days after sev,'ice of this subpoena, you ate ordere~ by. the ~"~urt to produce the following documents or things: flEE ATTACHED at MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 You may dei~'er or mail legible copie~ of the do~umenV~ or produce tl~in~ r~iu~ted by this subpoena, together with the certificate ~.' compliance, to the pa~y ma.k~ng this request at the add.,"~ lL~ed above. You have the right to seek~ in advance, the .~uonable cost of ptepatinll: the copies ot producin$ the tl~.n~. ~t. if you fa~l to ~oduce the documents or thin~ required by this subp~"~ wit~.Ln twenty (20) c~ays after its service, the parry, serving th~s s~poena may seek · cout~ order compelling you to comply with it.. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOW/NC PERSON: NAMw. ADDRESS: TELEPHON-" JOHN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 215-246-0900 SUPREME COURT ID ~ ATTO~%'E'YFOR.~EPENnANT Seal of the Com't (--_ff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PROGRESSIVE INS. COMPANY 5165 CAMUPS DRIVE PLYMOUTH MEETING, PA 19462 RE: 72490 TERRY SMITH POLICY # 65487607-3 Any and all claims files. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security ~. 175-40-1738 Date of Birth: 08-10-1958 Date of Loss: 06/18/1999 SU10-330010 72490--L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTEl{ OF: SMITH DIXON oVS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285657 724 9 0 --LO2 CObiI~IONI~rf~ALTH OF PENNSYLVANIA COUNTY OF CUlVIBERLAND IN THE MATTER OF: SMITH DIXON -V$- COURT OF C0~0N PLEAS TERM, CASE NO: 2001-2310 NO~ICE OF I1~'1'~1~ ~O SERVE A SUBPOENA ~O PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JO~N R. RINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t%mnty (20) days rrm the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is vaived or if no objection is ~ade, then the subpoena may be served. Complete copies of any reproduced records ~ay be ordered at your expense by coaq, leting the attached counsel card and returning same to 14CS or by contacting our local MCS office. DATE: 09/25/2001 CC: JOHN R. NINOSI~, ESQUIRE - 22740-1108 HCS on behalf of JOHN R. NINOSRY, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact Ta~ HCS GROUP INC. 1601 HARKET STREET t800 PHII.AnELPHIA, PA 19103 (215) 246-0900 DE02-165695 72490 --CO 1 LOCATION LIST ((( PAGE: RECORDS REQUESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL HEDICAL HEDICAL MEDICAL ~EDICAL LOCATION NAME PROGRESSIVE INS. COMPANY DR. ~ER KALENAK DR. RICHARD SMITH RICHARD L. SLEBER, M.A. DR. DAVID WENNER EDV ORTHOPEDICS THE HETRICK CENTER WILLIAM J. POLACHECK, JR.,M.D. DR. I~. SCOTT SETZER SEIDLE M~IORIAL HOSPITAL - FAMILY INTERNAL ~DICIN~ FREDERICK M~4ORIAL HOSPITAL DE02-1§5693 72490--001 COMMONn, VEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA.ND SMITH VS : DIXON : File No. 2001-2310 SUBPOENA TO PRODUCE DO~'T$ OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: DR. ALEXANDER KALENAK Within rwe..--~..- (20) days ~'ter sen'ice of th~s subpo4'~A, you &re ord~ed ~ tho cour~ to produce the followin$ documents or qFF ATTACHED MCS GROUP INC., 1601 MARKET ST, .,.~O0, PHILA.,PA 19103 You may dslh'ct or mail legible copies of the documenel of ~duce ~ ~aflted by t~s subp~n~ togethe~ with the certificate ~ compli~cL to the p~ m~n~ thiJ r~u~l at t~e ad~ ~ a~e. You ~ve the ti~ht to 5~ in advice, the ~onable coil of ptep~n~ the copi~ ~ ptodu~8 the ~n~ If you f~l to .=roduce the decumenls or th.inss required by ~il subpoena, wit~aln twen~ (20) days after its service, the par~, serving t~il subpoena may setk · cour~ ord~ competh~$ you ro comply with it. THIS SL"BPO~NA WAS ISSUED AT TI-IE REQUL~'T OF ~ ~.OLLOWING PERSON: JO~ R. NTNOSKY, ESQ. .%'AMK. ADDRESS: 320 HARKET ST., PO SX 12~8 HARRISBURG, PA 17108 T£L£PHON=_: 215-246-0900 SUPRF. ME COla'l~T ID ~. A~'rO R.NE~f FOI~F. NI3ANT Seal of the Court /E:f. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ALEXANDER KALENAK 875 POPLAR CHURCH RD CAMP HILL, PA 17011 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security ~.' 175-40-1738 Date of Birth: 08-10-1958 SU10-330012 7 2 4 9 0 --LO2 CERTIFICATg PP. EI~gQIrlSITE TO SgltVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SMITH DIXON -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of 30HN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285658 724 9 0 --LO 3 COlVIIvIOBT141~ALTH OF PENNSYLVANIA COUNTY OF CUlVIBERLAND IN THE MATTER OF: SMITH DIXON ~VS- COURT OF C06940N PLEAS TERM, CASE NO: 2001-2310 NO'lICE 0P INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUM~I~I~ AND · ~{ING$ FOR DISCOVERY PURSUA1FF TO RUI~ 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JO~N R. NINOS~Y, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in ~hich to file of record and serve upon the ondersi~ned an objection to the subpoena. If the t~enty day notice period is ~eaived 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 coe~letinE the attached counsel card and returning s-~ to MCS or by contacting our local MCS office. DATE: 09/25/2001 CC: JOBN R. NINOSI%"Y, ESQUIRE - 227%0-1108 MCS on behalf of J0~N R. ~_~0Sl[Y, ESQUII~ Attorney for DEFENDANT Any questions regardinE this matter, contact TIJ~MCS CROUP INC. 1601 MARJ~T STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490--CO1 LOCATION LIST <<< PACg: 1 EECORDS REQUESTED INSURANCE MEDICAL MEDICAL HEDICAL HEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL LOCATION NAME PROGRESSIVE INS. COMPANY DR. ALEXANDER KALI~AK DR. RICHARD SMITH RICHARD L. SLEBER, M.A. DR. DAVID WENNEit KDV ORTHOPEDICS THE HETRICK CENTER WILLIAHJ. POLACBECK, JR.,M.D. DR. W. SCOTT SETZEIt SEIDLE HEMORIAL HOSPITAL - FAMILY INTEKNAL HKDICINK FP. EDERICKI~ORIAL HOSPITAL DE02-165693 72490--C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-~ND SMITH VS : DIXON : File No. 2001-2310 SUI~POENA TO PRODUCE DOCUM'~-N'TS OR THINGS FOR DISCOVERY PURSUA.NT TO RULE 4009 ~-2 TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD SMITH Within v~e..'~..- (20) days a~et' ser,,ice of t'h~s subpo*~a, you 4.-t ordered by. the tort fo produce the following documents or things: qFF ~TTACHED MCS GROUP INC., 1601 MARKET ST, ~O0, PHILA.,PA 19103 You may dei~'e~ or mail le~ble copies of the clocum~ oc produce z~ ~o~led by t~s sub~ together with the adv~cL ~hf ~uonable cost of prep~flS the copi~ ~ produ~n~ the ~n~ m~ you fa~l m ~oduce the documents or thins~ rec[uirfd ~v t~s subpo~'~l, wit~..in n~,entv. (2Q) days after its sen'ice, the pa-fy servifl~ f~is s~poefli :ney ~flk i ¢~ order comp~h~$ you to co:nply with THIS $L'~PO~WA WAS ISSUED AT TH~ R£Q~Tr-~r OF ~ ~-OLLOWING PERSON: .N AM~. JOHN R. NINOSIOf, ESQ. 320 MARKET ST., PO BX 1£~ HARRISBURG, PA 17108 215-246-0900 5UPR~Mf COUI~ ID ~. /--ff. 7/9/') EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD SMITH 2300 DOGWOOD RD DOVER, PA 17315 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330014 72490--L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA pURSUANT TO RULE 4009.22 IN THE MATTER OF: SMITH DIXON -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285659 724 9 0 --LO 4 COI~II~IOI~I,;I!:ALTH OF PENNSYLVANIA COUNTY OF CUlVlBERLAND IN THE MATTER OF: SMITH DIXON -VS- COURT OF COFgi0N PLEAS TERM, CASE NO: 2001-2310 NOTICE OF IN'I'~-NT ~0 SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANW TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE HCS on behalf of JOHN R. NINOSEY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days fr~ the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is ~aived 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 cmapleting the attached counsel card and returning s-m to MCS or by contacting our local MCS office. DATE: 09/25/2001 CC: JOHN R. NINOS1U/, ESQUIRE - 22740-1108 HCS on behalf of JOHN R. NINOSH, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact Xl:l~ HCS GROUP INC. 1601 HAR~T STREET ts00 PHIIADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490 --CO 1 LOCATION LIST <<< PAGE: RECORDS REQUESTED INSURANCE HEDICAL HEDICAL HEDICAL HEDICAL HEDICAL 14EDICAL 14EDICAL HEDICAL HEDICAL HEDICAL HEDICAL LOCATION NAHE PROGRESSIVE INS. COMPANY DR. ALEXANDER KAI.lmAK DR. RICHARD SHITH RICHARD L. SLEBER, M.A. DR. DAVID I~ENNER KDV ORTHOPEDICS THE HETRICK CENTer ~/-iLLIAM J. POLACHECK, JR.,M.D. DR. %/'. SCOTT SETZER SEIDLE M]~ORIAL HOSPITAL - FAMILY INTERNAL HEDICINE FREDERICK H~iORIAL HOSPITAL DE02-16§693 72Z~.90--C01 COMMONWEALTH OF PE~SY'LVANIA COUNTY OF CUMBERL.~.ND SMITH VS : DIXON : Pile No. 2001-2310 SUBPOENA TO PRODUCE DO~'*TS OR THINGS FOR DISCOVERY PURSUA..N-i' TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: MR RICHARD SLEBER I~me of P~r~o~ ar Within r~e..'~..- (20) days after set,'ice of this subpOena, you ue ordered 1~. ~he c~ur~ to produce the foilowin~ documents et tiqin $~: gEE ATTACHED MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 You may de,.et ~ mail lo,bEe copie~ of the dm:umen~ or produce tl~ requested b? t~s subpoena, reSerVer with the certificate ~ compliance, to the p.u'ty m.~in8 this request al' the add. re~ H.~ed above. You have the tisht to seek. m advance, t.~e ~uonable cost of prepa.'ins the copie~ or producin~ tho tt~ ~,t. If you f~l m ..-reduce the d~ument$ et tltinS~ required by ti'ds subpoena, v~tFJ~ rwen~ (~0) days after ~s se~'~ce, r~e p~ry servins t~s ~p~ena may seek & caul' eider compeHin! you to tempi? with THIS 5L'BPO~NA WAS ISSUED AT TI-IE REQUEST OF ~ FOLLOWING PERSON: JOHN R. NINOSKY, ESQ. NAME: ADORES5: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 T£L£PHON-" 215-246-0900 5UPRE.MI~ COURT ID ~. A'~O R.N]~ r.o !~ ~.I~F. NT~ AN T So. of the Co,.u'~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RICHARD L. SLEBER, M.A. CLINICAL PSYCHOLOGY 2645 N. THIRD STREET HARRISBURG, PA RE: 72490 TERRY SMITH ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Sodal Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330016 7269 0 --LO 4 CERTIFICATE PKEREQU~SITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SMITH DIXON -VS- COURT OF CO~9~0N PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285660 724 9 0 --LO 5 COlvIlVlOIN-I,I'f~ALTH OF PENNSYLVANIA COUNTY OF CI_IlVlBERLAND IN THE MATTER OF: SMITH DIXON -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 NOTICE OF IN'£~I~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND · HINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JO~N R. NINOS~Y, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days frma the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t-~enty day notice period is vaived or if no objection is made, then the subpoena .my be served. Con~lete copies of any reproduced records ~ay be ordered at your expense by completin$ the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 09/25/2001 CC: JO~N R. NINOSL"~, ESqUIrE - 227~0o1108 HCS on behalf of JOl~I R. NINOSKY, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THEM CS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490--(~01 LOCATION LIST <<< PAGE: P. ECOP, DS REQUESTED INSUEANCE HEDICAL H~I)ICAL HEDICAL ~EDICAL PIEDICAL HEDICAL PIEDICAL I~I)ICAL HEDICAL HEDICAL MEDICAL LOCATION N~I4E PROGRESSIVE INS. CO~4PANY DR. A~.~ANDE~ KA~.~:NAK DR. RICHARD SHITH RICHARD L. SLEBER, M.A. DR. DAVID I~V ORTHOPEDICS TIlE ItETI~ICK CENT~ ~iLLIAH J. POLACHECK, Dlt. W. SCOTT SETZEq~ SEIDLE HE~OI[IAL HOSPITAL - FAHIL¥ INTEKNAL HEI)ICINE FREDERICK 14EI4ORI. AL HOSPITAL DE02-165§93 72490--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-L.ND SMITH VS DIXON File No. 2001-2310 SUBPOENA TO PRODUCE DOCUM~"TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: DR. DAVID WENNER IName of Penon or Whhin rwe,..~,... C20) days after ser~'ice of this subpoena, you are ordered by. the co~r~ to produce the following documents or ~hings: RF.F. ATTACI~F.I) MCS GROUP INC., 1601 MARKET ST, #800, PRILA.,PA 19103 You may deL'-er et mail legible copie.~ of the do~ument~ or produce tl~ reqge~ted by th. is subpoena, together with the certificate ~ compliance, to the patry.makin$ this request at the addr~ advance, the .~monable ¢o$t of pteparin$ the ¢opie~ et produ~in$ the tt~in~, If you f~il to ?educe the dm:umoms et t~inp requited by this subp~m, w~.F. in t~en~ (20) days after its service, the patty. servin~ t,~ti~ subpoena may seek a ceu~ order compelling you to comp .ly with it. TI-IlS SL'BPO~A WAS ISSUED AT THE REQLrEST OF ~ FOLLOWING PERSON: NAMI~. ADDRESS: TELEPHON:' JOEN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 215-246-0900 SUPREM£ COUi~T ATTORNEY DAI'~: Seal of the Com't Elf 7 / 9,"') EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID WENNER SHEPARDSTOWN FAMILY PRAC. 2140 FISHER RD. MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Date. s Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330018 7 2 4 9 0 --LO 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SMITH DIXON ~VS ~ COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of 30HN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285661 724 9 0 --LO 6 COIvIt4OSri4]~ALTH OF PENNSYLVANIA COUNTY OF CI-IlvIBENLAND IN THE MATTER OF: SMITH DIXON -VS- COURT OF COP~i0N PLEAS TERM, CASE NO: 2001-2310 NOTICE OF Ilrl'"-NT TO SERVE A SUBPOEllA TO PRODUCE DOCUMENTS AND ~Ilt~S FOR DISCOVERY PURSUA1/~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, gSQUIR~ MCS on behalf of J0~l~ R. NINOSIUI, ESQUIeR ~tends to se~e a subpoe~ identical to the one t~t is attached to this notice. You have t~nty (20) days fr~ the ~te listed bel~ ~ich to file of record ~d se~e up~ ~e ~dersi~ed ~ objecti~ to the subpoe~. If ~e t~nty ~y notice peri~ is ~ived or if no objecti~ is ~de, ~en the sub.cna ~y be se~ed. C~lete copies of ~y reproduced records ~y be ordered at your e~ense by c~let~8 the attached co~sel card ~d retu~ s~ to ~S or by contact~ our l~al ~S office. DATE: 0912512001 CC= JOBN R. NINOSKY, ESqOI~.~ - 22740-1108 MCS on behalf of JOBNR. NINOSKY, ESQUIRE Attorney for DEI~i~DANT Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET J8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490--C01 >>~ LOCATION LIST <<< PACE: ~COPd)S I~KQU~STED INSURANCE I~DICAL MEDICAL MEDICAL MEDICAL MEDICAL ~DICAL MEDICAL MEDICAL ~DICAt M~DICAL MEDICAL LOCATION NAME PROGRESSIVE INS. COMPANY DR. AlmrOd~DERKALENAK DR. RICHARD SHITH RICHARD L. S~B~, M.A. DR. ~VID~ ~V O~THOP~ICS T~ ~CK C~ ~ J. PO~C~CK, ~.,M.D. DR. ~. SCOTT SETZ~ SEID~ ~OR~ HOSPIT~ - F~LY ~ ~ICI~ ~EKICK~ HOSPIT~ DE02-165693 72490--C01 COMMONWEALTH OF PE~SYLVANIA COUNTY OF CUMBERL.~ND SMITH : VS : DIXON : File .~o. 2001-2310 SUBPOENA TO PRODUCE DOCUM'I~,%-I'S OR THINGS FOR DISCOVERY PURSUA.N-I' TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: KDV ORTHOPEDICS I.~ame o( Pe~on or Within ~we,.--3. · 20) days af*~er sec,*ice of tJxis subpoena, you are ordered ~ d~* comn to produco tbs following documents or .q'F~ ATTAC~F,]3 4t MCS GROUP INC., 1601 MARKET ST, #800, PRILA.,PA 19103 You may deih. e~ or mail legible copi*s of the do~,imenes or produce t~ ~u~ted by t~s sub~ together with the advice, the ~uona~le c~t of prep~nS the copifl or producing the ~n~ ~L If you f~l ta ..--.oducs the d~umenfs m' thinp r~uired by t~s subl~M~a, wiL~.tri twenv/("~) days af'~er its se,~'ice· the se~'iflg t~s subpoena may silk · court order compelling you to comply with I'FIIS SL'BPOENA WAS ISSUED AT THE REQUEST OF ~ r-OLLOWING PERSON: ^DDR~S: TELEPHO,N -" JOHlq R. NINOSIUf, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG. PA 17108 215-246-0900 SUPR~MECOL11~TID ~ DATE: Sea~ of the Court (-'ff. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KDV ORTHOPEDICS 908 S. GEORGE STREET YORK, PA 17403 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Da~s Requested: up to and including the present. Subject :TERRY SM1TH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330020 7 2 4 9 O--LO 6 CEItTIFICATE PREREQUISITE TO SEItVICE OF A SUBPOENA PURSUANT TO RULE ~009.22 IN THE MATTER OF: SMITH DIXON -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: lOJ16J2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEl1~285662 724 9 0 --LO 7 COI'~I~O~ALTH OF PENNSYLVANIA COUNTY OF CUI~BERLAND IN THE MATTER OF: SMITH DIXON -VS- COU~T OF C0~940N PLEAS TERM, CASE NO: 2001o2310 NOTICE OF II~Tw-NT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINC~ FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESqUIR~ MCS on behalf of JOBN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one ~hnt is attached to this notice. You have twenty (20) days from the date listed belo~ in which to file of record and serve upon the undersiEmed 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 returnin$ sn--- to MCS or by contacting our local MC$ office. DATE: 0912512001 CC: JOHN R. NINOSKY, ESqUIRE - 22740-1108 KS on behalf of J0~N R. NINOSKY, ESQUIRE Attorney for DEFENDANT Any questions resarding this matter, contact Ttu~MCS GROUP INC. 1601MARKET STREET dSO0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72~ 90--CO1 RECORDS RE(~UESTED IN$~C~ ~ICAL ~DICAL HEDICAL ~EDICAL ~DICAL HEDICAL HEDICAL LOCATION DE02-165693 7~490--C0i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-~..ND SMITH : VS : DIXON : File No. 200i-2310 SUBPOENA TO PRODUCE DO~-I'S OR THINGS FOR DISCOVERY PURSUA. N-r TO RULE 4009 ~.22 TO: CUSTODIAN OF RECORDS FOR: THE HETRICK CENTER Wi:bin ~'e..-~.. ' ~) davs ~'ter sen'ice of th~s subpoena, you i:e ordered ~ th~ c~zrt to produce the fo[lowing documents or thifl~s: ,qE~ ATTAC~D MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 You may de~'e~ or mail legible copies of the d~xumenm or produce tKin~ requested by this subpoena, together with the certificate ~.' ~ompliance. to the partT maidn$ this request at the addte~ U~ed al:nye. You have the right to seek. its advance, the ~uonal~le cost of ptepatinS tho copies or producing the thim~ If yma fail to ?oduce the d~umemte or thin~ requited by this sub~ witl-.in twon~ (201 ~ays &~tet its sen'ice, the paffty serving this su~,potna may se*lc a cmn order compelling you to comply w~th ~.. THIS SL'~POENA WAS ISSUED AT THE REQUEST OF TI4'E FOLLOWING PERSON: NAM!lC. ADDRESS: TEL£PHON:--' JOI{N R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 215-246-0900 SUPREME COUI~T ID ~ A'ITO RNEY FOR~,~,~m*~T Seal of the Com't (Elf. 7/9? EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THE HETRICK CENTER 500 NORTH UNION STREET MIDDLETOWN, PA 17057 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and Eayment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330022 72490--L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SMITH DIXON -VS ~ COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R, NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285663 724 9 0 --LO8 COI~]lv~OI~-%~EALTH OF PENNSYLVANIA COUNTY OF CTJlVlBERLAND IN THE MATTER OF: SMITH DIXON -VS o COU~T OF COMMON PLEAS TERM, CASE N0: 2001-2310 NOTICE 0F II~'Elf~ ~0 SERVE A SUBPOEI~A TO PRODUCE DOCU)~EN~S AND ~HING$ FOR DISCOVERY PURSUAI~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. NINOS~Y, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belme 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. Cou~lete copies of any reproduced records may be ordered at your expense by cmnpleting the attached counsel card and returning same to MCS or by contacting our local MCS office. DAB: 0912512001 CC: JOHN R. NINOSKY, ESQUI~ 22740-1108 ~CS on behalf of JOHN R. UINOSKY, ESQUIRE Attorney for DEPENDANT Any questions regarding this matter, contact T~HCS GROUP INC. 1601MAF~ET STREET t8oo PNI[~nELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490--CO1 RECOItDS REQlYESTED INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL LOCATION HAM~ PROGRESSIVE INS. COI~ANY DR. AT.'i{cYa~{DER KAI.I~L~K DR. RIC~ ~ ~C~ L. S~B~, M.A. DR. DAVID ~ ~V ORTHOP~ICS ~ ~CK C~ ~LL~ J. PO~C~C[, D~. ~. SCOTT SETZ~ SEZD~ ~R~ BOSPIT~ - F~Y ~ ~ZCZ~ ~DE~CK ~E~ DE02-165693 72~-90--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.A..ND SMITH VS : DIXON : File No. 2001-2310 SUBPOENA TO PRODUCE DOCU'M~E.%-rs OR T'MINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009..~ TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM POLACHECK Wkhin rwe..-~,.- {~'~) days a~.~er ssrvice of this subpoena, you ue ordered ~ ~ c~urt to produce the foilowin$ documents or things: qFF ATTACHED 4t MCS GROUP INC., 1601 MARKET ST, :~00, PHILA.,PA 19103 You may deB. er or mail legible copie~ of the doo~me~ o~ ~duce t~ ~u~ted by t~s su~n& together with the certificate ~ compli~c~ to the p~ m~nS this r~u~ at the ad~ ~ a~e. You ~ve the right ~o see~ in advice, the ~uonable cost of prep~nS the copi~ M produ~n~ the ~n~ ~ If yQu f~i[ to .?.oducs the dQcuments or th~n~ required I)v th~s sub~i~C,L,~,a, within ~en~ (~0) days a~ter its sec.'ice, the ser.'ing this lu~pQena may silk a cQ~t o~'def compeihn$ you to comply with ~. THIS SL'BPOENA WAS ISSUI:X) AT THE REQLT~T O1: Th~ FOLLOWING PERSON: NAME: TELE?t.IOX=. JoMN R. NINOSKY, ESQ. 320 MARKET ST., PO BX HAI~RISBURG, PA 17108 215-246-0900 $UPR~M£ COLi~ID ~ Se~l o~ th~ Cou~t (Eft. 7/ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. POLACHECK, JR.,M.D, 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08~10-1958 SU10-330024 7 2 4 9 0 --LO 8 CERTIFICATE PREREQUiSiTE TO SERVICE OF A SUSPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: SMITH DIXON ~VS~ COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16~2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285664 724 9 0 --LO 9 COI~'4OI~V~r~:ALTH OF PENNSYLVANIA COUNTY OF CUI~BERLAND IN THE MATTER OF: SMITH DIXON -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001o2310 NOTICE OF II~T~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT g. CLAVAL, ESQUIRK HCS on behalf of JOHN R. NINOSKY, ESQUIRK iutends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days from the date listed beiom iu~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is ~aived or if no ebjection is made, then the subpoena may be served. C~lete copies of any reproduced records may be ordered at your expense by c~leting the attached counsel card and returning s--- to !~$ or by contacting our local MOS office. DAT~: 0912512001 CC: JOHN R. NINOSKY, ESQUIR.E - 227%0-1108 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DgFENDAI~f Any questions re~arding this matter, contact TRE~S GROUP INC. 1601MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 2%6-0900 DE02-165693 72490 --CO1 LOCATION LIST <<< PAGE: IU~CORDS I~QUESTED INSUP, ANCE t4E~I~AL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDIC.~L MEDICAL MEDICAL LOCATION NAME PROGRESSIVE INS. COHPAh'Y DR.. ,~I .~r ~RDER DR. RIC~ ~C~ L. S~B~, M.A. DR. DAVID ~V OR~HOP~ICS · r~ ~CK C~T~ ~LL~ J. PO~C~CK, DE. ~. SCOTT SETZ~ F~LY ~ ~IC~ ~CK ~ BOSPI~ DE02-165693 72Z~-90--C01 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.a,,'WD SMITH VS DIXON File No. 2001-2310 SUBPOENA TO PRODUCE DO---rS OR 'I'I.-ILNGS FOR DISCOVERY PURSUA. N-r TO RULE 4009 ~-22 TO: CUSTODIAN OF RECORDS FOR: DR. W. SCOTT SETzER '~,'~thin ~we..'~..- C2O} days after sec,'ice of this subpoena, you ate ordered b? ~ c~a~ to produce the foilQwin$ '~ocuments or things: SEE ATTACHED MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 You may dei~'et m mail feeble copi~ of the document~ or produce t~ ~u~ted by t~s su~p~nL together with ce~ificate ~ ~ompli~ce, ~o the p~ m~ng this request at the ad~ ~ a~e. You ~v~ the right to see~ m ii you f&il tO ..-'.':oduce the documents or thins~ required by this su'op4x~a, witl-.in twenty. (2Q) days ~ter its serf',ce. sero'lng tAis subpoena may stir a co~ order compellin$ you to comply with i~ THIS SL'~PO~4A WAS ISSUED AT THE R£QLrEST OF TH'E r-OLLOWING PERSON: NAME: ADDRF.~S: TEL£PHON~- JOHN R. NINOSI(Y, ESQ. 320 MARKET ST., PO BX 1268 I~AP. RISBURG, PA 17108 215-246-0900 SUPR~.,M£ COb'leT ID ~. Seal of the Court '-fl 7/ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. W. SCOTT SETZER BOWMANSDALE FAMILY PRAC. 1 KACEY COURT MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Date? Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SUlO-3300Z6 72490--L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE ~009.22 IN THE MATTER OF: SMITH DIXON -rs- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of 30HN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of 30HN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285665 724 9 0 --L1 0 COIvYIvION-VCI~ALTH OF PENNSYLVANIA COUNTY OF CI31vlBERLAND IN THE MATTER OF: SMITH DIXON -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 NO[ICE OF IN'.m.',~l~ TO SERVE A SUBPOEIIA TO PRODUCE [~UI~lqTS THII~ FOR DISCOVERY PURSU~ TO RU]~ 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE HCS on behalf of JOMN R. NINO$~Y, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed belo~ in which to file of record and serve upon the undersiEned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by c~npleting the attached counsel card and returning same to MOS or by contacting our local RCS office. DATE: 09/2512001 CC: JOl~i R. NIN0$KY, ESQUIRE - 227~0-1108 MCS on behalf of JOl~ R. NINOSk'Y, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact T~ ~[C$ GROUP INC. 1601 M~R~T STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 ~2. z+~o --C01 >>> LOC~TION LIST <'< PAGE: 1 RECOP, DS ~EQUESTED INSDRANCE ~DICAL M~DICAL MEDICAL H~DI~ MEDICAL MEDICAL M~DICAL M~DICAL MEDICAL MEDICAL MEDICAL LOCATION PROGRESSIVE INS. C0~PAI~ DR. ~IC~ ~ ~C~ L. S~B~, H.A. DR. DAVID ~ ~V ORTHOP~ICS ~ J. PO~C~C~, DR. ~. SCOTT SEID~ ~ HOSPIT~ P~LY ~ ~IC~ ~E~CK ~ ~0SPIT~ DE02-165693 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-%.ND SMITH VS DIXON File No. 2001-2310 SUBPOENA TO PRODUCE DOCUM~'~"TS OR T'MINGS FOR DISCOVERY PURSUA.~;"r TO RULE 4009*) TO: CUSTODIAN OF RECORDS FOR: SIDLE HOSPITAL (Name of Pemo, or ~.~?! Wkhin rwe..'~. · ~o) days af'~er se~ice of th~s subpoena, you ~'o ord~'~l I~. the ~ to produce the fotlowlng 4ocuments or :hin~s: ,q F.F. ATTACHED at MCS GROUP INC., 1601 MARKET ST, #800, PHILA.,PA 19103 {Acld~s) You may de~i'.-~ or madl legible copi~ of the do~men~ or pr~duce th~n~ ~'~aflted b.v t~ls sub~na, together with the certificate ~ comp[i&nce, to the pa~. a~l~m$ this r~luest at tho eda"~m li~d advance, the .~uonable cost of prepa.-inS tho co~ies or productnS the ~'~s if you ~a~l to ~oduce the documents or t~inss required by th.is subplot.& w'ith]A n~en~ (~0) days a~ter its service· the p~'~y sera'ins th.is s~bpo~fla ma)' silk a cm~'~ order compelling you to comply with THIS SL'~POENA WAS ISSUED AT THE REQUEST OF ~ r-OLLOWING PERSON: NAME; JOEN R. NINOSKY, ESQ. ADDRF~.~: 320 MARKET ST., PO BX 1268 ~ISB~G, PA 17108 TELEPMONR 215-246-0900 SUPREME CO~ ID ~ Seal of the i Eft 7, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SEIDLE MEMORIAL HOSPITAL - 120 S. FILBERT STREET MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330028 7249 0 --L1 0 CERTIFICATE PREKEqU~SITE TO SERVICE OF A SUSPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SMITH TERM, CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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. MCS on behalf of DATE: 10/16/2001 JOHN R, NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285666 724 9 0 --Lll COI~I~ION-~T]ZALTH OF PENNSYLVANIA COUNTY OF CTJI*4BERLAND IN THE MATTER OF: SMITH DIXON COU~T OF COt~tON PLEAS TEP. M. CASE NO: 2001-2310 NOTICE OF I~'rElf~ ~O SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE MCS on behalf of JOHN R. ~NOSKY, gSQUIHN tntonds to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days frc~a the date listed belme in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is ~aived or if no objection is made, then the subpoena ~ay be served. Complete copies of any reproduced records may be ordered at your expense by cu~pletin$ the attached counsel card and returning s-m to MCS or by contactinE our local MCS office. DAT~: 0912512001 JOHN R. NINOSL"Y, ESquiRE - 22740~1108 14CS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT Any questions regarding this ~atter, contact I~PICS GROUP INC. 1601 HARKET STREI/T 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-165693 72490--C01 LOCATION LIST <~< PAGE: P. ECOEDS EEQUESTED LOCATION NAI4K PROGRESSIV~ INS. CO~4PANY DR. ALEXANDE~ EAL~NAK DR. RICH~ S~4ITH ~ICBA~D L. SI~EEE, t4.A. DE. DAVID ~ · DV ORTHOPEDICS ~ HE?RICK CENTER WfLLTLA~ J. POL&CHECK, DR. W. SCOTT SETZ~ SEIDLE H~4OEIAL HOSPITAL - F~4ILY INTERNAL HEDIcINE FREDERICK HEHORIAL HOSPITAL DE02-16S693 72/+90--C01 COMMONn, VEALTH OF PE~SYLVANIA COUN'I'Y OF CUMBERLA.ND SMITH VS DIXON File No. 2001-2310 SUBPOENA TO PRODUCE DOOJ~-~"rs OR THINGS FOR DISCOVERY PURSUA..N'T TO RULE ¢009 ~.22 TO: CUSTODIAN OF RECORDS FOR:FAMILY INTERNAL MEDICINE IN~e Qf Pe,~, ~. ~-~. ) Wi:bin rwe.~..- ~l) days Lt'ter s4K','ice of this subpoena, you a:e orcle~ed by. the c~art to produce the [ollowln$ document~ or z hin~s: RF.F. ATTACHED at MCS GROUP INC., 1601 MARKET ST, #800, PRILA.,PA 19103 Yau may de~-e~ ar mail lesible copies of the documents or produce thLn~ res[uested by this subpoena, tosether with the c~rtificate m.' compliance, to the pa~y. makJn$ this request at the i4d:~ Iullee4 al)ave. You ~ave the riSht to seek. in advance, the .-~isonable CQSt Of prepau'inS the copies or producin$ the thiz~s ~u~ht. If you f~il to ~oduce the documents m' th~nS~ required by this subpoena, vritl'aln twen~ (20) days a~ter i~s sen'ice, the sen'inS t~s subpoena may sesk a cman order compellin$ you to comp~ with G, T~IS SLqSPOENA WAS ISSUED AT T~IE REQ~-r OF ~ r-OLLOWTNG PERSON: NAM~. ADDRESS: TELEPHON~- JOH~ R. NINOSICY, ESQ. 320 MARKET ST., PO BX 1268 HAi~RISBURG, PA 17108 215-246-0900 SUPRLMECOLII~IO ~ DATE: SeaJ of the Cou~t EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY INTERNAL MEDICINE 6 MARKET PLAZA WAY MECHANICSBURG, PA 17055 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security ~. 175-40-1738 Date of Birth: 08-10-1958 SU10-330030 72490--Lll CERTIFICATE PREKEQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO ItULE 4009.22 IN THE MATTER SMITH DIXON -VS- COURT OF CO~40N PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 10/16/2001 MCS on behalf of JOHN R, NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-285667 724 9 0 --L12 COI~}40~V~rEALTH OF PENNSYLVANIA COUNTY OF CI31~IBERLAND IN THE MATTER OF: SMITH DIXON -V$ o COURT OF COMMON PLEAS TE~M, CASE NO: 2001-2310 NOTICE OF II~'i'~NT TO SERVE A SUBPOENA TO PRODUCE DOCUNENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ROBERT E. CLAVAL, ESQUIRE HCS on behalf of JOBN R. NINOS~Y, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed beime in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is valved 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 cumpletin8 the attached counsel card and returnin8 same to ~CS or by contacting our local MCS office. DATE: 0912512001 CC: JOHN R. N~IO$~Y, ESQUIRE - 227%0-1108 MCS on behalf of JOHN R. NINOSk'Y, ESQUIRE Attorney for DEFENDANT Any questions re~ardin$ this matter, contact Hda~CS GROUP INC. 1601 MARK"I~T STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 D~02-165693 72490--CO1 LOCATION LIST <<< PAGE: 1 ~,ECO~.DS a.~qOES TF_.,D INSURANCE M~DICAL M~DICAL H~DICAL M~DICAL 14~DICAL M~DICAL MEDICAL H~DIC&L HEDICAL HEDICAL LOGATION ~ PROGItEssIvE INS. COHPANY DE. I[ICS~MtD RICHARD L. DR. ~VID ~V O~OP~lCS 'r~ ~CK C~ ~ J. ~C~C[, ~.,M.D. DE. W. SCOTT SETZ~ F~LY ~ DE02-165693 7 24-9 O--CO :IL COMMONWEALTH OF PE~SYI,VANIA COUNTY OF CUMBERLA?4D SMITH VS DIXON File No. 2001-2310 SUBPOENA TO PRODUCE DO~-rs OR THINGS FOR DISCOVERY PURSUAN'T TO RULE ¢009~'t TO: CUSTODIAN OF RECORDS FOR: FREDERICK MEMORIAL HOSPITAL t hi~gs: ~F.~ ATTAC~ MCS GROUP INC,, 1601 MARKET ST, #800, PHILA.,PA 19103 You may de~'~ or m~il l(es~ble copies of the d~m*n~ or p~duee t~ ~u~ted by t~s sub.rtL together with the cefliflcate ~ compli~c~ m th~ p~ ~nS this r~u.t at the ad~ advice, the ~uonabie c~t of prep~nS the copi~ or producing the ~ If you fLil m ~oduce the documents or thin~ required by this subl:JqMr~a, within t~efl~ ('.*o) days ~'-"~er its service, the parry. ser~'ifl$ t,Ms sr:bpo~na may s~tk · ~oufl order CQmpelllng you to comply, with P.. ' THIS 5L'BPO-----------------~IA WAS ISSUED AT THE REQUF~T OF ~ FOLLOWING PERSON: NAMe: ADDRESS: TELEPHON'- JOEN R. NINOSKY, ESQ. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 215-246-0900 SUPR~M~E COURT ID ~ ATTO R.',~EY F. ORozzz~roAN'c Seal of the C:o~Lrt (Eft. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FREDERICK MEMORIAL HOSPITAL 400 W 7TH STREET FREDERICK, MD 21702 RE: 72490 TERRY SMITH Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-330032 72690--L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY SMITH DIXON -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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: 11/06/2001 Attorney for DEFENDANT DEll-289671 724 9 0 --L1 3 C OI~R~O I%q~/~;AL T H OF PENNSYLVANIA COUNTY OF C L~IB E RLAND IN THE MATTER OF: TERRY SMITH DIXON -VS- COURT OF C0~0N PLEAS TERM, CASE NO: 2001-2310 NOTICE OF INTENT ~O SERVE A SUBPOENA ~O PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT ~O RULE 4009.21 DR. SCOTT STONER DR. HORTON RUBIN MCCUEN & ASSOCIATES MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & 1/RAYS TO: ROBERT E. CLAVAL, ESQUIRE HCS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belo~ in which to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena may be served. C~mplete 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: 10/16/2001 CC: JOHN R. NINOSKY, ESQUIRE - 22740-1108' HCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT Any questions regarding this ~atter, contact THE MCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-167466 72490 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMB£RI.A.ND TERRY SMITH VS DIXON File No. 2001-23~0 SUBPOENA TO PRODUCE DOCU2vt'I~-N'TS OR THINGS FOR DISCOVERY PURSUA.N'T TO RULE 4009 ~-22 TO: CUSTODIAN OF RECORDS FOR: DR. SCOTT STONER (~ameofPe~onor~uit~) WHhin rwe..-~. - 20) days ,~'er service of th~s subpoena, you a;e ocderL, cI by the c~urt to produce the fo[lowing documents or ~hir~$s: SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 You may dei~'er or mail legible copies of the doc:amen~ or produce tl'~ requested I~y this subDofna, together with the certificate ~ too~pliance, to the p&'? maJ~ng this request at the adclr~a lt~KI above. You have the right to seek~ in ads'a, nce. the ~onable COSt of prep&tinS the copie~ or producing the thin~:~ sought. If you fa~l to ~oduce the documents or thirtSs rec[uJred by t~s subl~oe~J, witl-.in I'wenry (20} days after its semqce, the patty. serving th. is s~:~pQena may seek a court order compelling you to comply with i*. THIS SL'BPO~IA WAS ISSUED AT THE REQUEST OF 'FIFE FOLLOWING PERSON: .NAM~. JOHN R. NINOSKY, ESOUIRE ADDRF.~$: 320 MARKET ST., P.O. BOX 1268 HARRISBURG PA 17108 TELEPHON-" (215) 246-0900 SUPREME COURT ID ~. AT'I'OR.NEY FOR: 'I~IE DEFENDANT DAI'~ sx Seal of the Co~rt (EH. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. SCOTT STONER 619 EAST MAIN STREET HUMMELSTOWN,, PA 17036 RE: 72490 TERRY SMITH INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL THERAPY REPORTS, X-RAY REPORTS, EMERGENCY ROOM RECORDS AND REPORTS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security ~.- 175-40-1738 Date of Birth: 08-10-1958 5U10-333086 724 9 0 --L1 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF CO~g{ON PLEAS TERRY SMITH TERM, -VS- CASE NO: 2001-2310 DIXON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE 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. MCS on behalf of DATE: 11/06/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-289672 72490--L1 4 COlVIIvIOIN-~fEALTH OF PENNSYLVANIA COUNTY OF CUI~fBERLAND IN THE MATTER OF: TERRY SMITH DIXON -VS- COURT OF C0~940N PLEAS TERM, CASE NO: 2001-2310 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SCOTT STONEH MORTON RUBIN M~CUEN & ASSOCIATES MEDInan RECORDS & XRAYS MEDIGAL RECORDS & X~AYS MEDICAL RECORDS & XHAYS TO= ROBERT E. CLAVAL, ESQUIRE NCS on behalf of JOHN R. NINOSKY, ESQUIRE 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 Co the subpoena. Xf the twnty 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 c~q~leting the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 1011612001 CC: JOBN R. NINOSL"Y, ESQUIRE - 22740-1108 14CS on behalf of JOHN R. NINOS~Uf, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact TI~ HCS GROUP INC. 1601MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-167466 72490--C01 COMMON'WEALTH OF PE~SYLVANIA COUNTY OF CUMBERI-.%ND TERRY SMITH : VS : DIXON : File No. ZOO1-Z31O SUBPOENA TO PRODUCE DO~'TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009?.22 TO: CUSTODIAN OF RECORDS FOR: DR. MORTON RUBIN Within rwc..-? (~n) days aJter service of this subpeefl4, you Me ordered b? the court to produce the foHowlnS documents :hinS~ SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 You may dci~'fr or mail legible copiea of the d(xumen~ or produce t~ ~u~ted by t~s sub.rtL together with the ce~i~c~le ~ comp/i~ce, tO the p~ ~fl~ this t~u~f at the edM ~ a~e. Y~ ~ve the ri$ht to see~ in advice, thf ~uonable COSt of prep~nS the copi~ ~ producing the ~n~ ~t. ff vo. fa.il to ~educe the documentt or t~ings required by this subpoena, witl%in rwen .v,, (2Q) days after its sen'ice, the se~'i~ t,%is s'~:bpoena may seek a couz~ order compelling you to comp .iy with P. 19415 SL'BPO['WA WAS ISSUED AT THE REQUEST OF TD~ r-OLLOWING PERSON: NAME: JOHN R. NINOSKY, ESQUIRE ADDR~$: 320 MARKET ST., P.O. BOX 1268 NARRISBURG PA 17108 T£L£PHON=_. (215) 246-0900 SUPR~,tE CObl[l' ID ~ A2'I'OR.NE%' r. ol~ '['HE DEFENDANT BY ~ COT~R'~ Seal of the Cou.,'t EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. MORTON RUBIN 120 SOUTH FILBERT STREET MECHANICSBURG,, PA 17055 RE: 72490 TERRY SMITH INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL THERAPY REPORTS, X-RAY REPORTS, EMERGENCY ROOM RECORDS AND REPORTS FROM 2/2000 TO THE PRESENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10-333088 724 9 0 --L1 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY SMITH DIXON -VS- COURT OF CO~ON PLEAS TERM, CASE NO: 2001-2310 As a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MC$ on behalf of JOHN R. NINOSKY, ESQUIRE 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: 11/06/2001 MCS on behalf of JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-289673 72490 --L15 COI~II~[OI~-B;]~ALTH OF PENNSYLVANIA COUNTY OF CUI~4BERLAND IN THE MATTER OF: TERRY SMITH DIXON COURT OF COP~40N PLEAS TERM, CASE NO: 2001-2310 NO~ICE OF II~l'~N~. TO SERV~ A SUBPOENA TO PRODUCE DOCU/~ENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. SCOTT S?0N~R DR. MORTON R~IN MOC0~I~ & ASSOCIATES M~DIOan ~ECO~DS & X~A¥S MEDICAl. ~CO~I)S Q X~A¥S I~DICAL ~J~C0~D$ & Xl~AyS TO: ROBERT E. CLAVAL, ESQUI~ MOS on behalf of JOBN R. NINOSL"f, gSQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days fro~ the date listed belo~ in ~hich to file of record and serve upon the ondersi~ned an objection to the subpoena. If the t~nty day notice period is waived or if no objection is made, then the subpoena may be served. Cu~ulete copies of any reproduced records may be ordered at your expense by campleting the attached counsel card and returning same to MOS or by contacting our local HCS office. DATE: 1011612001 CC: JO~N R. NI]iOS~'Y, ESQUIRE - 22740-1108' MOS on behalf of JOBN R. NINOS~Y, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact x~i~ MOS GROUP INC. 1601 MARrt'T STRI~.T ~800 PHILADKLPHIA, PA 19103 (215) 246-0900 DE02-167466 72490--C01 COMMONWtiALTH OF PE~$YLVANIA COUNTY OF CUMBERLA.'qD TERRY SMITH : VS : DIXON : File N~. 2001-23; 0 SUBPOENA TO PRODUCE DO~'TS OR THINGS FOR DISCOVERY PURSUA.N"r TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES SEE ATTACHED 4t MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 You may deliv~ er ma/I legible cQpies of the documenel or produce th/,n~ nlq=ested by this subpoena, W~ether with the certificate o.' Complines, to the p~'~/m&kin$ this requt~t at the &ddr~ll IIM~(I al~,e. You h~*.'e the right to seek. in ldv~,nce, the ..'~uonabJe cost of prep~rtnl the copi~ er producin$ the thim~. you fi.ii t~ ?r. oduce the documents or thinSs rec[ulred b.v this jubllHx~i, wig'"'""~n rwer~ .~ (:G) days abet its s~'~'ice, THIS SL"gPO~A WAS ISSUED AT THE REQUEST OF THli F. OLLOWING PERSON: NAMe: JOHN R. NINOSICf.' ESOUIRE ADOK~-~S: 320 MARKET ST., P.O. BOX 1268 HARRISBURG PA 17108 T~L£~HON"' (219) 246-0900 SUPR£M~ COUi~ ID ~ A~O~N~ ~ ~ DE~T Seal of ~he Cour~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCUEN & ASSOCIATES 5 KASEY COURT MECHANICSBURG,, PA 17055 RE: 72490 TERRY SMITH INCLUDING REPORTS, DIAGNOSTIC TEST RESULTS, PHYSICAL THERAPY REPORTS, X-RAY REPORTS, EMERGENCY ROOM RECORDS AND REPORTS FROM 8/99 TO THE PRESENT. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security ~.- 175-40-1738 Date of Birth: 08-10-1958 SUI0-333090 72490--L15 C OlV]l~I£) N-~rl~ AL T H OF PENNSYLVANIA COUNTY OF CI31~B E RLAND IN THE MATTER OF: TERRY SMITH DIXON -VS- COURT OF C0~fl40N PLEAS TERM, CASE NO: 2001-2310 NO~ICE OF IN'~'~NT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 UNITED PARCEL S~]~¥ICES (U~S) EMPLOYmeNT TO: ROBERT E. CLAVAL, ESQUIRE HCS on behalf of JO~N R. NINOS~Uf, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days fr~ the date listed belo~ in ~hich to file of record end serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is waived or if no objection is made, then the subpoena may be served. C~lete copies of any reproduced records may be ordered at your e~ense by completing the attached counsel card end returning same to HCS or by contacting our local HCS office. DATE: 11/19/2001 CC: JOHN R. NINOSIUf, ESQUIRE - 22740-1108 HCS on behalf of JOHN R. NINOS~Y, ESQUIRE Attorney for DEfeNDANT Any questions regarding this matter, contact Tug HCS GROUP /NC. 1601HARKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-170754 72490--C01 COMMONWEALTH OF PE~S'Y'LVANIA COUN'"f'Y OF CUMBERL.~ND SMITH : V$ : DIXON File No. 2001-2300 SUBPOENA TO PRODUCE DOC'UM'I-,'"N-I'S OR "I'FILNIGS FOR DISCOVERY PURSUA2%-F TO RUI,E 4Q09.2~ TO: CUSTODIAN OF RECORDS FOR: UNITED PARCEL SERVICE withifl r,we..--'~. - 20! days ~'~er sec'ice of this subpoq~n~, ou i/e ordered l~v the c~un to ptocluce the fol]owlm~ documents or thin ~s.: ' SEE XTTACI~ED ' MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 ~e~ificztf ~ eompli~ce, to the p~ m~nS this r~uflt ~t th~ id~ ~ a~. You ~'e the right to s.~ ~n you f~il to ~oduce the documents or thin~ r*quired by this ~ubpo,efl& ~ritJ'.~.~ twen~ (~0) ,~ays after its service, the s~rx'in$ t.~is subpoena may stir a ¢~ order compellin$ y?u to comply ~ it. I'MIS SL'BPOF..-~,rA WAS ISSUED AT T'ME REQ~ OF TI-rE r-.OLLOWEqG PERSON: .~AM~; JOHN R. NINOSKY, ' ESQ. A[2DRF.~$: 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELE?HON~ 215-246-0900 SUPRemE CO~ ID ~ .~0 ~ ~ DEFEND~T Seal of the EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UNITED PARCEL SERVICES (UPS) 1821 SOU~I~rl 19TH STREET HARRISBURG, PA 17104 RE: 72490 TERRY SMITH Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject :TERRY SMITH 1161 BAISH RD., MECHANICSBURG, PA 17055 Social Security #: 175-40-1738 Date of Birth: 08-10-1958 SU10~339476 724 9 O--L1 6 2002 TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2310 CIVIL ACTION - LAW JURY TRIAL DEMANDED SCHEDULING ORDER day of AN[) NOW, this Order is issued as to the management of the above captioned case. ,2002, the following 1,2002 Plaintiff shall serve on Defendant's counsel a meaningful witness list by June 1,2002. Defendants shall serve on Plaintiff's counsel a meaningful witness list by July 15,2002. Plaintiffshall serve on Defendant' s counsel all final written discovery by July 4. Defendant shall serve on Plaintiff's counsel all final written discovery by August 15, 2002. 2002. All depositions of non-expert witnesses shall be concluded by August 15, 6. Plaimiff shall serve on Defendant's counsel all expert reports and curriculum vitae of experts by September 1, 2002 4. Defendant shall serve on Plaintiff's counsel all expert reports and curriculum vitae of experts by October 1, 2002. 5. The case shall be listed for trial by September 16, 2002. 6. First call of the list will occur on October 8, 2002. 7 Pre-trial memorandum are due October 4, 2002. 8 Pre-trial conference is to be held October 16, 2002. 9. The case is attached for trial for the November 4, 2002 term of Court. Judge TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-2310 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED STIPULATION OF COUNSEL AND NOW, this 00~ day of /e[r'/'/~ , 2002, Robert F. Claraval, counsel for Terry L. Smith, and John R. Ninosky, counsel for Corbin Dixon, jointly request that this Honorable Court enter the attached Scheduling Order to facilitate the trial of this case. ROBERIJ F. CLARAVAL, ESQUIt~ P.O. Box 11965 ~ Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorneys ~or Piainti£f Date: ,.~///7/t~[ GOLDBERG, KATZMAN & SHIPMAN, P.C. By j~R. N~/~OS~K~y~ P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Supreme Court I.D. #78000 Attorneys for Defendant TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORB1N DIXON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2310 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiffs' Request for Admissions Addressed to Defendant via fax and first class United States Mail, postage prepaid, addressed to the following person: John R. Ninosky, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Date: CLARAVAL & CLARAVAL DENISE 1. WILLIAMS, Secretary For Robert F. Claraval PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE P~DTHONOTARY OF CI~BERLASD COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (enti~re caption ~a/st be stated in full) TERRY L. SMITH and EVE SMITH, Husband and Wife (Plaintiff) vs. CORBIN DIXON ( Defendant vs. (check one) (x) ( ) ( ) Civil Action - Law Appeal frc~Arbitration (other) The trial~list will be called on 10/2/02 and N/A Trials corm~nce on 11/4/02 Pretrials will be held on 10/16/02 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. No. 2310 Indicate the attorney who will try case Robert F. Claraval, Esq. Indicate trial counsel for other parties if known: John R. Ninosky, Esq. This case is ready for trial. Date: September 10, 2002 Civil 2001 ~ for the party who files this praecipe: Attorney for: Plaintiffs %16 TERRY L. SMITH and : EVE SMITH, husband and wife, : Plaintiffs : CORBIN DIXON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-2310 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held October 16, 2002, before Edward E. Robert F. Esquire. Guido, Judge, present for the Plaintiffs was Claraval, Esquire, and for Defendant, John R. Ninosky, is admitting negligence. contested. The parties This is an auto accident case in which the defenadnt However, causation and damages are estimate that this will take three days to try, including jury selection. Because the defendant must come from Virginia, it is requested that this be one of the first cases scheduled on Monday morning. There are no complicated legal issues. The parties have been advised that any motions in limine and supporting authority must be filed by close of business on October 25, 2002. Any responses with supporting authority, must be filed by close of business on November 1, 2002. The parties appear to be close to settlement. I wouldn't give better than 50/50 odds on them getting However, there. By the~ Edward E, Guido, J. Robert F. Claraval, Esquire For the Plaintiffs FJoOrhnt~ ~kdYa~tEsquire ~0. I~ O~ It TERRY L. SMITH and EVE SMITH, Husband and Wife, Plaintiffs CORBIN DIXON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-2310 Civil Term JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly mark the docket PRAECIPE in the above captioned matter SETTLED AND DISCONTINUED WITH PREJUDICE. Date: Res ectfully iubmi ~~Robert F. Cla~ Attorney I.D. No.: 19222 P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780