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HomeMy WebLinkAbout11-4881PRO T 1t'1Il??t?I E-AVo t ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com CRAIG HENRY and FRAN HENRY, Plaintiffs V. IRAM AMIN and WESTFIELD INSURANCE CO., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Ll ??? L +? lrL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ceffso 7 z ,r?J1-,?b039y ORIGINAL 464872 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 464872 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com CRAIG HENRY and FRAN HENRY, Plaintiffs V. IRAM AMIN and WESTFIELD INSURANCE CO., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 1I_ `/ 00 N- CIVIL ACTION - LAW JURY TRIAL DEMANDED rInAADT A TAT'P I . Plaintiffs Craig and Fran Henry are adult individuals and citizens of the Commonwealth of Pennsylvania. They reside in Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Iram Amin is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 401 Allegheny Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant Westfield Insurance Co. (hereinafter Westfield) is a corporate duly registered in Pennsylvania and provides automobile insurance to persons operating vehicles in Pennsylvania. Westfield has a principal place of business located at 201 East Oregon Road, P.O. Box 3010, Lancaster, Lancaster County, Pennsylvania, 17604-3010. 4. Westfield regularly conducts business in Cumberland County, Pennsylvania. 5. As part of the automobile insurance provided to persons in Pennsylvania, Westfield provides underinsured motorist coverage (UIM) to policyholders that purchase said coverage. 464872 6. As of July 29, 2009, Westfield provided UIM benefits of at least $300,000 of coverage to Craig and Fran Henry pursuant to policy no. BSP 4151561. 7. Plaintiffs Craig and Fran Henry are the owners of Family Eye Care, the named insured on the applicable Westfield automobile insurance policy providing UIM coverage. 8. The facts and occurrences hereinafter related took place on or about July 29, 2009, on the Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. 9. At that time and place, Plaintiff Craig Henry was operating a 1996 Chrysler, traveling east on the Carlisle Pike. Mr. Henry entered the left turn lane of the Carlisle Pike as he planned to turn north onto Sporting Hill Road. 10. At the same time and place, Defendant Amin was operating a 1998 Toyota and was planning to enter the Carlisle Pike from a private parking lot before the subject collision. Defendant Amin was attempting to turn left onto the Carlisle Pike and thereafter travel westbound. 11. Defendant Amin pulled from the private parking lot and attempted to turn her vehicle left onto the Carlisle Pike, but she pulled directly into the path of Craig Henry's oncoming vehicle causing a collision. 12. The foregoing motor vehicle collision and all of the injuries and damages set forth herein sustained by Plaintiffs Craig and Fran Henry are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Iram Amin operated her motor vehicle as follows: a. failure to keep alert and maintain a proper watch for the presence of motor vehicles traveling on the Carlisle Pike; 464872 2 b. failure to yield the right-of-way to Craig Henry's vehicle on the Carlisle Pike; C. failure to see Craig Henry's vehicle on the Carlisle Pike before attempting to pull her vehicle from a private parking lot; d. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. It is averred and therefore believed that Defendant Iram Amin is underinsured. 14. The provisions of Craig and Fran Henry's UIM policy does not provide for arbitration and therefore, Craig and Fran Henry bring this claim for UIM benefits. CLAIM I Craig Henry v. Iram Amin and Westfield Insurance Co. 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference. 16. Plaintiff Craig Henry sustained painful and severe injuries, which include but are not limited to cervical myelopathy, a central disc herniation at C4-5, increased symptoms of spasticity and stiffness of the cervical spine, persistent tenderness and pain in the lower thoracic spine, an aggravation of a pre-existing cervical spine condition, spasticity and tightness over the left lower extremity, increased low back pain, increased spasticity of the left lower extremity, increased spasticity with regard to the left upper extremity, and an injury to the lumbar spine. 464872 3 17. By reason of the aforesaid injuries sustained by Craig Henry, he was forced to incur liability for physical therapy, medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 18. Because of the nature of his injuries, Craig Henry has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, such as cervical spine surgery, and claim is made therefor. 19. Craig Henry has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 20. Craig Henry continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 21. By reason of the aforesaid injuries sustained by Craig Henry, he has sustained work loss, loss of earning capacity, and loss of opportunity as an optometrist, and claim is made therefor. 22. Craig Henry has been advised that he should undergo cervical spine surgery as a direct result of the injuries sustained in the subject motor vehicle accident and therefore, he will in the future sustain a surgical scar, and claim is made therefor. CLAIM II Fran Henry v. Iram Amin and Westfield Insurance Co. 23. Paragraphs 1 through 22 of the Complaint are incorporated herein by reference. 464872 4 24, As a result of the aforementioned injuries sustained by her husband, Plaintiff Craig Henry, Plaintiff Fran Henry has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Craig and Fran Henry demand judgment against Defendants Iram Amin and Westfield Insurance Co. in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 6-`"I ANGINO & ROVNER, P.C. i Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 464872 5 VERIFICATION We, Craig and Fran Henry, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. WITNESS: Craig Henry Fran Henry Dated: -? I is ) vk 464872 SHERIFF'S OFFICE OF CUMBERLAND COUNTY `; r Ronny RAnderson rnCo =m Sheriff `nom - = Jody S Smith C r ? ma ? ? , Chief Deputy < CD 7 Richard W Stewart ? r= = 2' Solicitor OF? a-7 ? - :..71 Craig Henry Case Number vs. . 2011 -4881 Iram Amin (et al.) SHERIFF'S RETURN OF SERVICE 06/13/2011 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: Westfield Insurance Company, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 06/13/2011 07:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2011 at 1952 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Iram Amin, by making known unto Muhammad Amin, Father of Defendant at 401 Allegheny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. ?--- GERALD WORTHINGTO , EPUTY 06/16/2011 04:15 PM - Lancaster County Return: And now June 16, 2011 at 1615 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Westfield Insurance Company by making known unto Bradley Herneisey, Unit Manager for Westfield Insurance Company at 201 E. Oregon Road, Lancaster, Pennsylvania 17604 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $63.44 June 23, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Coun•ySi d Shenf T Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY sty of iltn(irr'1 Richard W Stewart ??-r - Solicitor 0 Craig Henry vs. Iram Amin (et al.) Case Number N 2011-4881 rr rn r0 SERVICE COVER SHEET a N H G '. orvic6'Def$Il$: o Category: Civil Action - Complaint & Notice Zone: 1a? X Manner: Deputize Expires: 07/08/2011 Warrant. W r ?_.. _.?._.- a Notes: From Cumberland Coamt recd 06/14/2011 0 W U a ? Z Serve To c Name: Westfield Insurance Company Served. Personal) - Adult In Charge Posted - Other o . n._.?-. M Primary 201 E. Oregon Road Adult InX Address: P.O. BOX 3010 Charge: `raC? , rt1 i , ., Lancaster, PA 17604 - -°° • Relation: O Phone: o Alternate Date: Time: ??ol p Address: p Phone: Deputy. Mileage: ... Ody ui Name: David L. Lutz Phone: 717-238-6791 17Q 18101109 1?4k iii, ikrant- '.:?Aii1. i. 04 ?' Date: Time: 00 Mileage: C4 Deputy. l?Cit?r?lft; ,,; kR#1884 $150.00 $36.50 `?\ C tL 6a No June 13, 2011 I. Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County to o execute service of the documents herewith and make return thereof according to law. W LL Return To: w Cumberland County Sheriffs Office 1 One Courthouse Square f? Carlisle, PA 17013 onn A er Sh n.ff yJ? r}? n, e A,r„? riLc??L - u3 ?c 2v 1 DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 CRAIG HENRY and FRAN HENRY Plaintiffs VS. IRAM AMIN and WESTFIELD INSURANCE CO. Defendants ??ti?tBERI.AN? ??t?N?`! p?NNSY??aN1 A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 11-4881 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, Iram Amin, in the above-captioned case. Dated: /2' 61 C By: , WARNER, Donald L. Carmelite, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 r CERTIFICATE OF SERVICE I, Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing Entry of Appearance has been served upon the following known counsel and parties of record this day of June, 2011, via United States First-Class Mail, postage prepaid: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Michelle Cramer Westfield Insurance 201 East Oregon Road PO Box 3010 Lancaster, PA 17604-3010 _Aud'? a itdt? Sarah Kuhn 05/7387 ] 4.v I DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 _ E PROTHONOTAF,,-,, 2911 JUN129 AK 10: 49 CUMBERLAND COUNTY PENNSYLVANIA CRAIG HENRY and FRAN HENRY Plaintiffs VS. IRAM AMIN and WESTFIELD INSURANCE CO. Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 11-4881 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT IRAM AMIN'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. INTRODUCTION 1. :Plaintiffs instituted this action by filing a Complaint on June 10, 2011. 2. Plaintiffs' Complaint asserts a claim against Defendant Iram Amin sounding in negligence arising from a motor vehicle accident that occurred on July 29, 2009 on the Carlisle Pike, Hampton Township, Cumberland County, Pennsylvania. 3. Plaintiffs also assert a claim for UIM benefits against their first party provider, Westfield Insurance Company. 4. Defendant Iram Amin files these Preliminary Objections to Plaintiffs' Complaint pursuant to Pa. R.C.P. 1028(a)(5) for misjoinder of a cause of action and Pa. R.C.P. 1028(a)(2) for failure of the pleadings to conform to law or rule of Court and the inclusion of impertinent matter, and pursuant to Pa. R.C.P. 1028(a)(3) for insufficient specificity in a pleading. II. PRELIMNARY OBJECTIONS A. Preliminary Objection Pursuant to Pa. R.C.P. 1028(a)(2) for the Inclusion of Impertinent Matter and 1028(a)(5) for the Misjoinder of a Cause of Action 5. Plaintiffs' Complaint asserts a claim for negligence against Defendant Iram Amin and presumably a breach of contract claim against her first party carrier, Westfield Insurance Company, for underinsured motorists benefits. 6. The issue of insurance is raised throughout the Complaint from the caption on through paragraphs 3 through 7, 13 through 14 and the captions of Counts I and II along with the wherefore clause. 7. Plaintiffs' references to insurance coverage with Westfield Insurance Company is immaterial and inappropriate to the proof of the cause of action as against Defendant Iram Amin and as such must be stricken. Common Cause of Pa. v. Commw., 710 A.2d. 108, 115 (Pa. Commw. Ct. 1998); Custard Design Group, Inc. v. LaMarco Contracting_ Inc., Docket No. 06- 4482; Slip. Op. at 6 (CCP Cumberland, June 21, 2007). 8. Plaintiffs' attempt to join a negligence claim against Defendant Iram Amin and a breach of contract claim for underinsured motorists benefits against Westfield Insurance Company is prejudicial to Defendant Amin. Pa. R.C.P. 213(b); PA. R.E. 403; Pa. R.E. 411. 9. Plaintiffs' attempt to join the negligence claim against Defendant Amin and first party breach of contract claim against Defendant Westfield Insurance Company does not arise out of the same transaction, occurrence or series of transactions or occurrences and do not involve common questions of law of fact affecting the liabilities of the respective Defendants. Pa. R.C.p. 229(b); Stokes v. Loyal Order of Moose Lodge, 502 Pa. 460, 466 A. 2d. 1341 (1983). 2 WHEREFORE, Defendant Iram Amin specifically requests this Honorable Court sustain her Preliminary Objections and severe Plaintiffs' claim for underinsured motorist benefits against Westfield Insurance Company from the instant action or in the alternative, strike all references to insurance set forth in Plaintiffs' Complaint. B. Preliminary Objection Pursuant to Pa. R.C.P. 1028(a)(2) for Failure of a Pleading to Conform to Law or Rule of Court 10. Pursuant to Pa. R.C.P. 1019(h)(i), when a claim is based upon an agreement memorialized in writing, the same should be specifically identified in the Complaint and a copy attached as an exhibit to the Complaint, unless the writing is not assessable to Plaintiff. Pa. R.C.P. 1019(h)(i). 11. At paragraphs 5, 6 and 14 of Plaintiffs' Complaint, Plaintiffs reference an underinsured motorist policy of insurance with Westfield Insurance Company. 12. An insurance policy is a contract between the insurance carrier and the policy holder and as such, is a written agreement that must be attached to the Complaint. 13. At paragraph 14 of Plaintiffs' Complaint, Plaintiffs assert that the insurance policy does not provide for arbitration and therefore Plaintiffs attempt to bring the underinsured motorist claim for breach of contract together with the negligence claim against Defendant Amin. 14. Pa. R.C.P. 1019(h)(i) require that the policy of insurance to be attached as it forms the basis of Plaintiffs' allegations. 15. The policy is not attached an no explanation as to why has been provided. WHEREFORE, Defendant Iram Amin respectfully request this Honorable Court sustain her Preliminary Objections and dismiss Plaintiffs' claims for underinsured motorists benefits for failure to comply with Pa. R.C.P. 1019(h)(i). C. Preliminary Objection Pursuant to Pa. R.C.P. 1028(a)(3) for Failure to State Specificity in a Pleading 16. Plaintiffs' Complaint sets forth a claim for negligence as against Defendant Iram Amin, however, they fail to set forth with any particularity the claim against Westfield Insurance Company. 17. Pursuant to Pa. R.C.P. 1019, Plaintiffs must set forth the individualized claims as against the Defendants. 18. Plaintiffs have only asserted a "claim for UIM benefits" as against Westfield Insurance Company. 19. There is no such cause of action. 20. Rather, Plaintiffs must assert a breach of contract claim. 21. To the extent that Plaintiffs are attempting to bring both the third party and first party claims in this litigation and given Defendant Amin's arguments against the same as asserted above, Plaintiffs should be forced to set forth in particularity the nature of their breach of contract claim including the necessary conditions precedent for breach of contract claim. WHEREFORE, Defendant Iram Amin respectfully requests this Honorable Court dismiss Plaintiffs' claim for UIM benefits together with such other relief this Court deems just and appropriate. 4 MARSHALL, DENNEHEY, WARNER, 4 COL ZdCarrnelite, OGGIN By. Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Dated: v L? CERTIFICATE OF SERVICE I, Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing Preliminary Objections have been served upon the following known counsel and parties of record this day of June, 2011, via United States First-Class Mail, postage prepaid: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 05/738864.vl Michelle Cramer Westfield Insurance 201 East Oregon Road PO Box 3010 Lancaster, PA 17604-3010 O&U&? - arah Kuhn 6 LW ? PRAECIPE FOR L , CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within Argument Court.) CAPTION OF CASE (entire caption must be stated in full) CRAIG HENRY AND FRAN HENRY vs. IRAM AMIN and WESTFIELD INSURANCE, COMPANY C-) Pw 2 ter*r A neit -am r x ED =-I AC a Co No. 11-4881 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant Iram Amin's Preliminary Objections to Plaintiffs' Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: David Lutz, Esquire, Angino & Rovner, 4503 North Front Street, Harrisburg, PA 17110-1799 (Name and Address) (b) for defendants: Donald L. Carmelite, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 (Name and Address) No counsel has entered an appearance for Defendant Westfield Insurance Company 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 26, 2011 term Signature Donald L. Carmelite, Esquire Print your name Defendant Iram Amin Date: GL Z e ((, Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. L 3 FILED-OFFICE OF THE PROTHONOTARY 2011 JUN 30 PM 3: 19 CUMBERLAND COUNTY PENNSYLVANIA THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 7171237-7132 kmcnamara@tthlaw.com Attorneys for Defendant Westfield Insurance Co. CRAIG HENRY and FRAN HENRY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IRAM AMIN and WESTFIELD INSURANCE CO., Defendants NO. 11-4881 CIVIL CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant Westfield Insurance Co. in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire Attorneys for Defendant Westfield DATE: Insurance Co. 960317.1 t ` r CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the - United States mail, postage prepaid, on then day of j-t4 K-1- , 2011: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Don Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 THOMAS, THOMAS & HAFER, LLP By: F C Kevin C. McNamara, Esquire 960317.1 CRAIG HENRY and FRAN HENRY Plaintiffs vs IRAM AMIN and WESTFIELD INSURANCE CO. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 11-4881 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO AMEND PARAGRAPH 12 OF PLAINTIFF'S COMPLAINT 1. On June 10, 2011, Plaintiffs Craig Henry and Fran Henry instituted an action against Defendant Iram Amin and Westfield Insurance Company. 2. Plaintiffs and Defendant Iram Amin have agreed to amend paragraph 12 to remove any reference to wanton and reckless operation of a motor vehicle by Defendant Amin. 3. Plaintiffs stipulate that they are not asserting a claim for punitive damages against Defendant Iram Amin. ?-z N/ N c 3 =M 00 C 5 c"i MF -t7 rry ?a n-n David'LufZ,"E-e(?dire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Donald . Carmelite, Esquire c -o _Q a Marshall, Dennehey, Warner, Coleman & Goggin `?•' 4200 Crums Mill Road, Suite B r Harrisburg, PA 17112 ORDER AND NOW this L day of " , 2011 upon consideration of the above referenced Stipulation it is hereby ORDERED and DECREED that the Stipulation is approved and made part of the record of this matter. 05/738710.vl BY T COURT: J. See attached sheet for distribution list DISTRIBUTION LIST: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 eop;e5 711eli p1 DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 E:}-QFI~ ICE: 2U11 u''L 21 AM 11.23 CUMBERLAND COUNTY PENNSYLVANIA CRAIG HENRY and FRAN HENRY, Plaintiffs, VS. IRAM AMIN and WESTFIELD INSURANCE CO., Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 11-4881 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 REGARDING PLAINTIFF. CRAIG HENRY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A Notice of Intent to Serve A Subpoena with a copy of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate, (3) No objection to the subpoenas has been made or received, and/or counsel has agreed to waive the twenty-day notice, and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve A Subpoena. MARSHAL , NNEHEY, WARNER, COLEMA & IN DATE: Il BY: Don . Carmelite, Esquire angino-rovner 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1799 PHONE: (717) 238-6791 FAX: (717) 238-5610 www.angino-rovner.com E-mail: dlutz@angino-rovner.com July 14, 2011 Donald L. Carmelite Esquire Marshall, Dennehey, et al. 4200 Crums Mill Road, Suite B Harrisbar-* PA 17112 6 Re: Henry v. Amin, et al. Dear Don: RICHARD C. ANGINO NEIL J. RoVNER DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A.SADLOCK LISA M. B. WOODBURN DARYL E. CHRISTOPHER Receipt of your Notice of Intent to Serve Subpoenas dated July 8, 2011, is acknowledged. Please be advised that I waive the 20 days. Please send me copies of any and all documents you receive in response to your Subpoenas. However, I do not need the actual films. Thank you. Very truly yours, <ZT-" Davl . Lutz /mtg cc Kevin McNamara, Esquire D 475639 DONALD L. CARMELITE, ESQUIRE ID No: 84730 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 CRAIG HENRY and FRAN HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs, VS. IRAM AMIN and WESTFIELD INSURANCE CO., No: 11-4881 Civil CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS REGARDING PLAINTIFF, CRAIG HENRY To: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Donald L. Carmelite, Esquire, with the Law Offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendant, Iram Amin, intends to serve subpoenas identical to that which is attached to this Notice. You may 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 pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned counsel. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG*TN DATE: BY: / ??` Donald . Carmelite, Esquire CRAIG HENRY and FRAN HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs, VS. IRAM AMIN and WESTFIELD INSURANCE CO., No: 11-4881 Civil CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, UNUM Benefit Center, PO Box 100262 Columbia, South Carolina 29202 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Any and all records in your possession, custody or control, whether retained in electronic format or otherwise and standard hard copy, including but not limited to, documents regarding insurance policies, claim notes, investigation materials, photographs, medical records, reports and/or opinions, medical invoices and/or bills and any records relating to any application for benefits provided by the Paul Revere Life Insurance Company, policy number 1028022590 regarding claim number 3754776 and Craig Henry, date of birth: July 6, 1964, Social Security Number: 073-64-2478. at: Marshall, Dennehey, Warner, Coleman & Gogain 4200 Crums Mill Road Suite B Harrisburg PA 17112 (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: Donald L. Carmelite. Esquire ADDRESS: 4200 Crums Mill Road. Suite B Harrisburg. PA 17112 TELEPHONE: (717) 651-3504 SUPREME COURT ID# 84730 ATTORNEY FOR: Defendant. Iram Amin DATE: By the Court: Seal of the Court Prothonotary Deputy CRAIG HENRY and FRAN HENRY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs, VS. No: 11-4881 Civil IRAM AMIN and WESTFIELD CIVIL ACTION - LAW INSURANCE CO., Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, McNees, Wallace & Nurick, C/o Jonathan Rudd, Esquire and Guy Brooks, Esquire, 100 Pine Street, Harrisburg, PA 17108 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: A complete copy of any file or matter in which you or any other attorney at McNees, Wallace & Nurick represented Dr. Craig Henry in his pursuit for the recovery of any monies arising from personal injury including but not limited to the motor vehicle accident that occurred on July 29, 2009 as well as any claims for disability benefits including but not limited to those made with the Paul Revere Life Insurance Company, policy number 1028022590, claim number 3754776 and/or UNUM Benefit Center, PO Box 100262, Columbia, South Carolina 29202. The subpoena specifically does not seek any privileged materials, however, privileged logs should be produced in response to this subpoena. Additionally, the terms "file" and/or "matter" refer to any and all records in your possession, custody or control whether retained in electronic format or otherwise and standard copy included by not limited to documents regarding insurance policies, claim notes, investigative materials, photographs, medical records, reports and/or opinions, medical invoices and/or bills, correspondence, pleadings, written discovery, materials obtained through subpoena, expert reports, or any other non-privileged material. at: Marshall. Dennehey. Warner. Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg PA 17112 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: Donald L. Carmelite. Esquire ADDRESS: 4200 Crums Mill Road. Suite B Harrisburg, PA 17112 TELEPHONE: (717 651-3504 SUPREME COURT ID# 84730 ATTORNEY FOR: Defendant. Iram Amin DATE: Seal of the Court By the Court: Prothonotary Deputy CERTIFICATE OF SERVICE I, Dori Beard, an employee with the law firm -9f Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of July, 2011, I served a true and correct copy of the Notice of Intent, via U.S. first-class mail, postage pre-paid, as follows: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 CERTIFICATE OF SERVICE I, Dori Beard, an employee with the law rm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of , 2011, I served a true and correct copy of the Certificate Prerequisite to Servi a of a S poena, via U.S. ff -- first-class mail, postage pre-paid, as follows: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisbur , PA 17108 V T PRAECIPE FOR LISTING CASE FOR ARGUMENT i.. N) 6 G7 (Must be typewritten and submitted in duplicate) Y [ C:) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY: N ??e Please list the within matter for the next: ' Argument Court (8/26/11) CRAIG HENRY and FRAN HENRY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs vs. No: 11-4881 Civil IRAM AMIN and WESTFIELD CIVIL ACTION -- LAW INSURANCE CO. JURY TRIAL DEMANDED Defendants 1. State matter to be argued (i.e., Plaintiff's Motion for New Trial, Defendant's Preliminary Objections to Plaintiffs Complaint. 2. Identify Counsel who will argue case: (a) for Plaintiffs: David Lutz, Esquire, Angino & Rovner, 4503 North Front Street, Harrisburg, PA 17110-1799 (b) for Defendants: Donald L. Carmelite, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 - Attorney for Defendant Iram Amin Kevin C. McNamara, Esquire, Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108 Attorney for Defendant Westfield Insurance Company (Defendant Westfield Insurance Company has taken no position on Moving Defendant Iram Amin's Preliminary Objections) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 26, 2011 term DATE: ` 411tH ( BY: ba"-kj 4. C"' "'L4/ yu." DONALD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Iram Amin . CERTIFICATE OF SERVICE 1, Sarah Kuhn, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing have been served upon the following known counsel and parties of record this ?Z4--I'day of July, 2011, via United States First- Class Mail, postage prepaid: David Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1799 Kevin C. McNamara, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Sarah Kuhn 05/749539.v 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD rv _ As a prerequisite to service of a subpoena for documents and things flj}gua y" . to Rule 4009.22 .,_.s-,, cn ,?.. -? D CD p CD = . e. MCS on behalf of DONALD L. CARMELITE, ESQ. D C ."a,? C ?- t certifies that -1 (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: 08/01/2011 /S/ IonaDd l. Carrnelte, ej DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT MUMANWA. ??-LBEARD@MDWCG.COM MCS # 90711-LO1 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CRAIG & FRAN HERNY -VS- IRAM AMIN & WESTFIELD COURT OF COMMON PLEAS TERM, CASE NO: 11-4881 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID L. LUTZ, ESQ. MICHELLE CRAMER (PRO SE) MCS on behalf of DONALD L. CARMELITE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/08/2011 MCS on behalf of DONALD L. CARMELITE, ES Attorney for DEFENDANT CC: DONALD L. CARMELITE, ESQ. - 13238.01500 DIARMID KELLEY - DAVID L. LUTZ, ESQ. ANGINO & ROVNER 4503 NORTH FRONT ST. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17110 MCS # 90711-C02 DE02 >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED ARLINGTON GROUP MEDICAL, BILLING, AND X-RAY(S) CAMP HILL EMERGENCY PHYS. MEDICAL, BILLING, AND X-RAY(S) DRAYER PHYSICAL THERAPY MEDICAL, BILLING, AND X-RAY(S) HEALTHSOUTH DIAGNOSTIC CENTER MEDICAL, BILLING, AND X-RAY(S) HERITAGE DIAGNOSTIC CENTER MEDICAL, BILLING, AND X-RAY(S) HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ON LY HOLY SPIRIT HOSPITAL PATHOLOG Y MOFFITT HEART & VASCULAR GROUP MEDICAL, BILLING, AND X-RAY(S) PA NEUROSURGERY & NEUROSCIENCE MEDICAL, BILLING, AND X-RAY(S) PA SPINE INSTITUTE MEDICAL, BILLING, AND X-RAY(S) PINNACLE HEALTH TRANSPLANT SER MEDICAL, BILLING, AND X-RAY(S) PRISM CTR FOR REHAB & SPINE CR MEDICAL, BILLING, AND X-RAY(S) QUANTUM MEDICAL, BILLING, AND X-RAY(S) SHEPHERDSTOWN FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) TRISTAN ASSOCIATES MEDICAL, BILLING, AND X-RAY(S) PA NEUROLOGICAL ASSOCIATES MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 MCS # 90711-C02 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ARLINGTON ROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:. **** E ATTACHED RIDER **** at The M S ro m me 1601 Marker Stye t Suite Rnn philad irzhia pa ioi?3 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: _DONALD L CARMELITE ESO ADDRESS: 4200 CRI1M MILL ROAD SUITE B ?IARRI4RL1Rr PA 17112 TELEPHONE: (2 1 51 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: 1 AUG 0120111 Seal of the Court DA?)TD -b J?AA LL. Prothonotary/Clerk, Civil Division Deputy 90711-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ARLINGTON GROUP 805 SIR THOMAS COURT HARRISBURG, PA 17105 RE: MCS # 90711-LO1 CRAIG HENRY 254 INDIAN CREEK DRIVE Date ofCBirth: 07-06-196417050 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports- Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, E MG', and x-rays and all corresponding reports or inventories. This should s, contain all records in your possession, all archived records, or records inn storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. se INCLUDING IN70UT PATIENT RECS,PT,REHAB & LAB RECORDS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-LOI SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A, notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /s/ 2onaCd,1 . Carrnelite, (!?4jgk. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L02 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAMP H17 L EM R N Y PHYS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MC Group- Inc._ 1601 Market StrPPt C»;rP Qnn ph;la lnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _DONALD L. CARMELITE ESO ADDRESS: 4200 CRUM M L ROAD ?UITF B I RRISBURG PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: MUG 412011 1 Seal of the Court ULt? - (?,t SL- L_ Prothonotary/Clerk, Civil Division Deputy 90711-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAMP HILL EMERGENCY PHYS. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 90711-L02 CRAIG HENRY 254 INDIAN CREEK DRIVE Date ofCBirth: 07-06-196417050 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT RECS,PHYSICAL THERAPY RECS,REHAB & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L02 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FR.AN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is at=tached 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: 08/01/2011 MCS on behalf of /S/ 2onaCd. Carmelite, C.??c?. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L03 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DRAYER PHYSICAL THERAPY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS ro up Ins 1601 Marker StrePt Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESO ADDRESS: 4200 CRUMS MIT ROAD _SUITE B HARRISBURG PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: Ll )7' A' 012011 Seal of the Court `?IA1I.?ZJ -b R. U <-a Prothonotary/Clerk, Civil Division Deputy 90711-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DRAYER PHYSICAL THERAPY 5108 E. TRINDLE ROAD SUITE 200 MECHANICSBURG, PA 17050 RE: MCS # 90711-LO3 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PHYSICAL THERAPY RECS,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-LO3 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena- DATE:-08/01/2011 MCS on behalf of /S/ 2ona//Cd/ Carmelite, C DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L04 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTH O TH DL NO TI CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Market Street suite Oo Philad lphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESO ADDRESS: 4200 CRUM MILL ROAD SUITE B HARRI B R PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: ?AUG 01 2011 Seal of the Court Prothonotary/Clerk, Civil Division Deputy 90711-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH DIAGNOSTIC CENTER OF CAMP HILL 4349 CARLISLE PIKE CAMP HILL, PA 17011 RE: MCS # 90711-L04 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PHYSICAL THERAPY RECS,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-LO4 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is; attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /S/ 2onalc/oPP. Carmelite, elck. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711- L05 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. IRAM AMIN & WESTFIELD File No. 11-4881 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERITAGE DIAGNOSTIC CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group r.,j; _ 1601 Market Street. SLite 800 Philadelphia PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _DONALD L CARMELITE ESO ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: AUG 01 2011 Seal of the Court BY THE COURT: 3L?1J -(? U £I-I Prothonotary/Clerk, Civil Division Deputy 90711-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERITAGE DIAGNOSTIC CENTER 3 WALNUT ST. LEMOYNE, PA 17043 RE: MCS # 90711-L05 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PT RECS,REHAB RECORDS & LAB REPORTS FILM INVENTOR`( Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L05 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /S/ 2onapd/oC. (,armebe _(?jcj. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLEEARD@MDWCG.COM MCS # 90711-L06 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN 14ERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M CS Groun Inc 1601 Market-Street. Suite 800 hiladeluhia PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ES-_ ADDRESS: 4200 CR IM4 MILL ROAD SUITE B ?RRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: If 7 //AUG n 1 011 Deputy Seal of the Court 90711-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 90711-LO6 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PHYSICAL THERAPY RECORDS, REHAB & LAB REPORTS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-LO6 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE 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: 08/01/2011 MCS on behalf of /S/ 2onald/c?9. CarvvreCite _ej. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L07 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 ]RAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Market Street Su' 800 Philad lphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESO ADDRESS: 4200 CRUM MIL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Deputy Date: 1AUV Seal of the Court 90711-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 90711-L07 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide any and all billing, insurance claims, and payments and delinquent invoices. This should contain all records in your outstanding possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 hospitals, $100.00 for all other for providers. MCS # 90711-L07 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /S/ 2o?2ald/off , Carmeble e? . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS I 90711-L08 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MC Tro ro Inc 1601 Market Street. Suite 800PhiladPljphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESO ADDRESS: 4200 CRUMS MILL ROAD SUITE B -HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: l ? AUG 01 2011 Sea] of the Court Prothonotary/Clerk, Civil Division Deputy 90711-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 90711-L08 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. INCLUDING MRI'S & CT'S FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L08 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CRAIG & FRAN HERNY -VS- IRAM AMIN & WESTFIELD COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-4881 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE 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: 08/01/2011 MCS on behalf of /S/ 2onapd c pp . Carntelite ? DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L09 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MC GrouP Inr 1601 Market Streer Spite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESO_ ADDRESS: 4200 CR 1M. MIT L ROAD -SUITE B HARRISBURG PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: ( 7 1(06 012011 Seal of the Court v?b -b _RU:,LL_ Prothonotary/Clerk, Civil Division Deputy 90711-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL PATHOLOGY DEPARTMENT 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 90711-L09 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide any and all pathology reports and records. This should contain all pathology records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis care or treatment. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L09 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /s/ 2ona/Cd/oC. /? C?a,meCite, . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L10 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FR-AN HERNY vs. IRAM AMIN & WESTFIELD File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOFFITT HEART & VASCULAR GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc 1601 Market Street Suite Run Philadelphia. _PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: 1215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: 7/7 / I AUG O 1 2011 Seal of the Court -.1D aUS? Prothonotary/Clerk, Civil Division Deputy 90711-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT HEART & VASCULAR GROUP 1000 N. FRONT STREET WORMLEYSBURG, PA 17043 RE: MCS # 90711-L10 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS, PHYSICAL THERAPY RECS,REHAB RECS,LAB REPORTS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-LlO SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /S/ 2onalc/,,/J. Carmelite, eDONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-Lll DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY File No. 11-4881 Vs. IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA NEUROSURGERY & NEUROSCIENCE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B -HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: 7hhl AUG o 1 211 Seal of the Court ? UtD 'D rM eju-- Prothonotary/Clerk, Civil Division Deputy 90711-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA NEUROSURGERY & NEUROSCIENCE 4310 LONDONDERRY ROAD SUITE 202 HARRISBURG, PA 17109 RE: MCS # 90711-Lll CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,REHAB RECS &B LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-Lll SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /S/ 2onala/c4P. Carvnelite, ejc?. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L12 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. IRAM AMIN & WESTFIELD File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for PA_ SPINE INSTITUTE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER**** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE. ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: 1 Date: ?UG 01 2011 Seal of the Court Prothonotary/Clerk, Civil Division -'9 /1,*- 0 E?, / ?-'p Deputy 90711-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA SPINE INSTITUTE 805 SIR THOMAS COURT PO BOX 6507 HARRISBURG, PA 17109 RE: MCS # 90711-L12 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,PHYSICAL THERAPY RECS,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L12 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:_08/01/2011 MCS on behalf of /S/ 2ona1d/oC . Carmelite, DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L13 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH T NSPLANT ERV (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Market Street e,,;+o 00 Philad lphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L.-CARMELITE. ESO_ ADDRESS: 4200 CRUMS MIL ROAD SUIT B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0 00 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: AUG 012011 Date: -42-h I Seal of the Court Prothonotary/Clerk, Civil Division c/ Deputy 90711-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH TRANSPLANT SERV. III S. FRONT STREET HARRISBURG, PA 17105 RE: MCS # 90711-L13 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,PHYSICAL THERAPY RECORDS, REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L13 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESO 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: 08/01/2011 MCS on behalf o/Jf /? /S/ 2ona1c/oC. Carmelite ?. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L14 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ PRISM CTR FOR REHAB & SPINE R (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at T he M CS Group- Inc. 1601 Market treet 4u;+. 800 Philadelrzhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESO ADDRESS: 4200 CR IMR MTI ROAD SUITE B HARRISB R PA 17112 TELEPHONE: _12151246-0 00 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Dam: G012011 Seal of the Court -b id -b (AU' LL Prothonotary/Clerk, Civil Division Deputy 90711-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PRISM CTR FOR REHAB & SPINE CR 4310 LONDONDERRY RD. SUITE 106 HARRISBURG, PA 17109 RE: MCS # 90711-L14 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,PHYSICAL THERAPY RECS,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L14 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CRAIG & FRAN HERNY -vS- IRAM AMIN & WESTFIELD COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-4881 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /s/ Anald/?C. C armeCite ?? . DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L15 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. File No. 11-4881 IRAM AMIN & WESTFIELD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for QUANTUM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCA ro p Inc 1601 Market Street, site 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE ESQ ADDRESS: 4200 CRUMS MILL ROAD SUITE B -HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: .? AUG 01 2011 Date: L Seal of the Court Prothonotary/Clerk, Civil Division Deputy 90711-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM 3508 TRINDf_E ROAD CAMP HILL, PA 17011 RE: MCS # 90711-L15 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PHYSICAL THERAPY RECS,REHAB RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L15 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/01/2011 /S/ 2onaLd,/) Ca,melite DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARDCMDWCG.COM MCS # 90711-L16 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. IRAM AMIN & WESTFIELD File No. 11-4881 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SHEPHERDSTOWN FAMILY PRACTICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: j MG 012011 Seal of the Court BY THE COURT: 'tJ rk_Rb L L.L. Prothonotary/Clerk, Civil Division Deputy 90711-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHEPHERDSTOWN FAMILY PRACTICE 2140 FISHER ROAD MECHANICSBURG, PA 17055 RE: MCS # 90711-L16 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY,IN/OUT PATIENT RECS,PHYSICAL THERAPY RECORDS, REHAB RECORDS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L16 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/01/2011 MCS on behalf of /S/ 2onaCd l). /? (?arvneCite, ej DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARD@MDWCG.COM MCS # 90711-L17 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY vs. IRAM AMIN & WESTFIELD File No. 11-4881 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRISTAN ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG- PA 17112 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: -b 1RKL L_ Prothonotary/Clerk, Civil Division loll O 1 201 Deputy Date: Seal of the Court 90711-17 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCIATES 4518 UNION DEPOSIT ROAD HARRISBURG, PA 17111 RE: MCS # 90711-L17 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PHYSICAL RECS & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L17 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CRAIG & FRAN HERNY TERM, CUMBERLAND -VS- CASE NO: 11-4881 IRAM AMIN & WESTFIELD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD L. CARMELITE, E 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:08/01/2011 MCS on behalf of /S/ eUorcaCd oC. (_armelite _?. DONALD L. CARMELITE, ESQ. Attorney for DEFENDANT DLBEARDPMDWCG.COM MCS # 90711-L18 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRAIG & FRAN HERNY VS. IRAM AMIN & WESTFIELD File No. 11-4881 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA NEUROLOGICAL ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DONALD L. CARMELITE, ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division ?. Deputy 0101 2011 Date: Seal of the Court 90711-18 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA NEUROLOGICAL ASSOCIATES 110 LOWTHER ST. LEMOYNE, PA 17043 RE: MCS # 90711-L18 CRAIG HENRY 254 INDIAN CREEK DRIVE MECHANISBURG, PA 17050 Date of Birth: 07-06-1964 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING IN/OUT PATIENT RECS,PT,REHAB & LAB REPORTS FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 90711-L18 SU10 7 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutznangino-rovner.com CRAIG HENRY and FRAN HENRY, Plaintiffs V. IRAM AMIN and WESTFIELD INSURANCE CO., Defendants n C r.a `? t 41 zr,n Je= chr- c' - r- a 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-4881-Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT WESTFIELD INSURANCE CO.'S NEW MATTER 25. through 28. Paragraphs 25 through 28 of Defendant Westfield Insurance Co.'s New Matter fails to set forth factual allegations that require the Plaintiffs to admit and/or deny said allegations. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. Additionally, paragraphs 25 through 28 are all conclusions of law to which no response is necessary. 478763 WHEREFORE, Plaintiffs respectfully request that Defendant Westfield Insurance Co.'s New Matter be dismissed. Date: D ?) ? ``? ANGINO & ROVNER, P.C. Ct- David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 478763 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT WESTFIELD INSURANCE CO.'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Donald L. Carmelite Esquire Marshall, Dennehey, et al. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant Iram Amin Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Westfield Ins. Co. Mary T. eraets Dated: 1` 478763 CRAIG HENRY, AND FRAN HENRY, PLAINTIFFS V. IRAM AMIN AND WESTFIELD INSURANCE CO., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4881 CIVIL IN RE: PRELIMINARY OBJECTIONS BEFORE GUIDO, J., EBERT, J., AND MASLAND J. ORDER OF COURT c ? rnw C/5 r ? ? --4 AND NOW, this 1St day of September, 2011, upon consideration of Defendant Iram Amin's Preliminary Objections to Plaintiffs' Complaint, the Plaintiffs' Response thereto and after oral argument by the Parties, IT IS HEREBY ORDERED AND DIRECTED that Defendant Iram Amin's Preliminary Objections are SUSTAINED. Plaintiffs' cause of action against Iram Amin will be severed from the Plaintiffs' claim for underinsured motorist benefits against Westfield Insurance Co. Plaintiffs shall file a separate complaint against Westfield Insurance Co. to include a claim for breach of contract and shall attach a copy of the insurance policy to the complaint. Plaintiff is given 20 days to file an amended complaint against Westfield Insurance Co. IT IS FURTHER ORDERED AND DIRECTED that the cause of action against Iram Amin shall be tried first. Upon conclusion of that trial, the case against Westfield Insurance Co. shall be tried. By the Court, "k --t M. L. E ert, Jr., /David Lutz, Esquire Attorney for Plaintiffs Donald Carmelite, Esquire Attorney for Defendant Iram Amin coP q Kevin C. McNamara, Esquire Attorney for Westfield Insurance Co. 2012 MAY -2 PM I 10IMBERLAND COUNT' PENNSYLVANIA CRAIG HENRY and FRAN HENRY Plaintiffs vs. IRAM AMIN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 11-4881 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END ALL CLAIMS TO THE PROTHONOTARY: Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED as to all claims asserted by Plaintiffs Craig Henry and Fran Henry as against Defendant Iram Amin only, with prejudice. & Rovner By: Did Vutz, Esquire 4503 North Front Street Harrisburg, PA 17110-1799 Attorney for Plaintiff Dated: Page 1 of 1