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HomeMy WebLinkAbout04-4465IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, Jr. 2B Richland Lane, Apt #108 Camp Hill, PA 17011 Plaintiff NO. 0q- 414&-S ?l ULI, '?1 V. CIVIL ACTION - LAW THOMAS F. MANNING III 8 Meadowview Drive Carlisle, PA 17013 Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID Issue summons in the above captioned action, which arises from a contract dispute. 'Sheriff. X Writ of Summons shall be issued and forwarded AsanBratyic Date: Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff SUMMONS IN CIVIL ACTION TO: Thomas F. Manning III 8 Meadowview Drive Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ( Gk ProthonotaClerk, Ci 1 Div' ion Dater Ji!Fby By: Deputy •?, ,-, o T ? ? :? ? . ? `? ?. ? ?-- `.ia [S. <T ??"? T SHERIFF'S RETURN - REGULAR CASE NO: 2004-04465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAKE STEPHEN M JR VS MANNING THOMAS F III RICHARD HOWELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MANNING THOMAS F III the DEFENDANT , at 1440:00 HOURS, on the 9th day of September, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 THOMAS MANNING III a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this /6 day of .2upY A.D. , `-"' P othonotary So Answers: 7 r r, "? R. Thomas Kline 09/09/2004 DUSAN BRATIC & ASSOC y / Depi.ity Sheri f f by handing to STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Thomas F. Manning, III, with regard to the above-captioned matter. Date: qlst,H Respectfully submitted, NEALON & GOVER, P.C. W Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232'-9900 CERTIFICATE OF SERVICE day of September, 2004, 1 hereby certify that I have AND NOW, this served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to Dusan Bratic, Esquire 101 Office Center, Suite A 101 South UPgR 0e 5 Dillsburg, Michael S. erguson, Esquire ca "'? c? T7 fit , , r C.5 '. `'? ? t c .- ? -? i .. '-! ._? : t. STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Date: q 1A o TO THE PLAINTIFF: Respectfully submitted, NEALON & GOVER, P.C. By: iva6 Michael S. Ferguson, Esgwre I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: J ?.I7 _n..0641 -L irJ Prothonotary CERTIFICATE OF SERVICE AND NOW, this day of September, 2004, 1 hereby certify that I have served the foregoing PRAECIPE FOR RULE TO FILE COMPLAINTon the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 1,15 Dillsburg, PA 17019 *a 44 Michael S. F rguson, Esquire C-a <. CY _ r- U U CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, Jr. Plaintiff NO. 04-4465 CIVIL: TERM V. CIVIL ACTION - LAW THOMAS F. MANNING III Defendant JURY TRIAL DEMANDED PRAECIPE TO AMEND CAPTION Please amend the above caption to reflect Stephen M. Hake, Sr., Plaintiff. & PORTKO Dated:: j Dusan Bratic, Esquire Supreme Court I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, Sr. Plaintiff V. THOMAS F. MANNING III: Defendant NO. 04-4465 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Amend Caption was furnished by U.S. Mail, first class, postage prepaid on this _Zg th day of (?steber 2004, to: Michael S. Ferguson, Esquire NEALSON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant C & PORTKO Dated:)) )I /Z?L/ Dusan Bratic Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Routes 15 South Dillsburg, PA '17019 (717) 432-9706 Attorney for Plaintiff F 7 cz:3. 0 ( c=:o -n -Tl f1- rn T c / 6-T, STEPHEN M. HAKE, SR., IN THE COMMON PLEAS COURT OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL NO. 04-4465 THOMAS F. MANNING, III, JURY TRIAL DEMANDED Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 STEPHEN M. HAKE, SR., IN THE COMMON PLEAS COURT OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL NO. 04-4465 THOMAS F. MANNING, III, JURY TRIAL DEMANDED Defendant. COMPLAINT NOW COMES the Plaintiff, Stephen M. Hake, Sr., by and through his attorney, Dusan Bratic, Esquire of Bratic & Portko and make the within Complaint against the Defendant, Thomas F. Manning, III as follows: 1. Plaintiff, Stephen M. Hake, Sr., is an adult individual residing at 2B Richland Lane, Apt. 108, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Thomas F. Manning, III, is an adult individual residing at 8 Meadowview Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter related took place on or about September 16, 2002 at or about 8:00 a.m. at or about Wertzville Road near Orr's Bridge Road, Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Stephen M. Hake, Sr., was the driver of a 1987 Chevrolet Cavalier. 5. At the aforesaid time and place Stephen M. Hake, Sr. was stopped for traffic on Wertzville Road just past the Orr's Bridge Road intersection when Thomas F. Manning, III, driving a 1989 Jeep Cherokee, smashed into the rear of the vehicle operated by Stephen M. Hake, Sr., which was propelled into the 1996 Chevrolet Astro van, which was stopped in front of the vehicle being driven by Mr. Hake. 3 COUNTI STEPHEN M. HAKE, SR. V. THOMAS F. MANNING, III 6. All of the aforesaid averments contained in paragraphs 1 through 5 are realleged and incorporated by reference as if more specifically plead herein. 7. At the aforesaid time and place Defendant, Thomas F. Manning, III, was the operator of a 1989 Jeep Cherokee, who was traveling west on the Wertzville Road and which smashed into the vehicle operated by Stephen M. Hake, Sr. The vehicle operated by the Defendant, Thomas F. Manning, IJI, smashed into the rear of the vehicle operated by Plaintiff, Stephen M. Hake, Sr., which had stopped in accordance with existing traffic conditions and patterns currently on the roadway, waiting for another vehicle to make a turn into a driveway. The impact also smashed Plaintiffs vehicle into the vehicle stopped in front of him, which was a 1996 Chevrolet Astro van which was operated by Diane E. Mason of 1430 Concord Road, Mechanicsburg, PA 17055 thereby causing a second collision. 8. At that time and place the vehicle operated by Defendant, Thomas F. Manning, III, was caused or allowed to go out of control smashing into the vehicle operated by Stephen M. Hake, Sr. and causing the Plaintiff to sustain the serious injuries set forth below. 9. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant, Thomas F. Manning, III, operated his vehicle as follows: (a) In failing to keep proper and adequate control over his vehicle; (b) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. Section 3714; (c) In failing to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. Section 3310; (d) In failing to apply his brakes in time to avoid striking the vehicle in which Plaintiff was an operator; (e) In being inattentive and failing to maintain a sharp lookout of the road and 4 the surrounding traffic conditions in violation of 75 Pa.C.S.A. Section 3303; (f) In driving his vehicle behind the vehicle in which Plaintiff was riding at a distance too close for the safety of the Plaintiff in violation of 75 Pa.C.S.A. §3310; (g) Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls and in violation of 75 Pa.C.S.A. Section 3303; (h) In failing to operate his vehicle under such control as to be able to stop on the shortest possible notice in violation of 75 Pa.C.S.A. Section 3361; 10. As a result of the aforementioned accident, Plaintiff, Stephen M. Hake, Sr., sustained aggravation and painful and severe injuries including but are not limited to: (a) Abrasions, contusions and injuries to his muscles and nerves; (b) Injuries to his left shoulder; (c) Injuries to his neck; (d) Injuries to his left arm; (e) Injuries to his back, with leg pain and tingling; (f) Thoracic Outlet Syndrome; and (g) Severe headaches 11. By reason of the aforesaid injuries sustained by Plaintiff, Stephen M. Hake, Sr., was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses, including replacement services, in an effort to restore himself to health, and a claim is made therefore. 12. Because of the nature of his injuries, Plaintiff, Stephen M. Hake, Sr., has been advised, and therefore, avers the he may be forced to incur similar medical expenses for additional medications, treatments and or surgical procedures in the future, and a claim is made therefore. 13. As a result of the aforesaid injuries, Plaintiff, Stephen M. Hake, Sr., has undergone and in the future will undergo a great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and a claim is made therefore. 5 14. As a result of the aforesaid injuries, the Plaintiff, Stephen M. Hake, Sr., has been and in the future will be subject to great humiliation and embarrassment, and a claim is made therefore. 15. As a result of his injuries, Plaintiff, Stephen M. Hake, Sr. has suffered present and past wage losses and a permanent disability, loss of wages, loss of opportunity and a permanent impairment of his earning power and capacity and a claim is made therefore. 16. As a result of the aforesaid injuries, Plaintiff, Stephen M. Hake, Sr., has sustained uncompensated work loss, and a claim is made therefore. 17. Plaintiff, Stephen M. Hake, Sr., 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 a claim is made therefore. 18. As a result of the aforesaid accident, Plaintiff, Stephen M. Hake, Sr., may sustain scars, which will result in a permanent disfigurement, and continued disability and a claim is made therefore. WHEREFORE, Plaintiff, Stephen M. Hake, Sr., demands judgment of the Defendant, Thomas F. Manning, III, in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. Dated: 11 116 ItLtl_ Respectfully submitted, BRATI(l & PORTKO Dusan Bratic, Esquire ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff 6 VERIFICATION I Stephen M. Hake, Sr. , hereby acknowledge that I am a Plaintiff in the foregoing action and that I have read the Complaint , and the facts stated therein are true and correct: to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: November 22, 2004 01 STEPHEN M. HAKE, SR., IN THE COMMON PLEAS COURT OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL NO. 04-4465 THOMAS F. MANNING, III, JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U.S. Mail, first class, postage prepaid on thLj,a?d'ay of November 2004, to: Michael s. Ferguson, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Dated: C? BRATIC & PORTKO Doan Bratic, Esquire Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff 7 n '? - -4 z - ril r rr? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, Sr. Plaintiff NO. 04-4465 CIVIL TERM V. CIVIL ACTION - LAW THOMAS F. MANNING III: Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs Interrogatories and Request for Production of Documents Propounded to Defendant was furnished by U.S. Mail, first class, postage prepaid on thisV th day of January 2005, to: Michael S. Ferguson, Esquire NEALSON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant TIC & PORTKO Dated: d Dusan Bratic Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff C STEPHEN M. HAKE, SR., IN THE COMMON PLEAS COURT OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL NO. 04-4465 THOMAS F. MANNING, III, JURY TRIAL DEMANDED Defendant. . PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER NOW COME the Plaintiff, Stephen M. Hake, Sr., by and through his counsel, Dusan Bratic, Esquire of Bratic & Portko and sets forth the following Answers to Defendant's New Matter: 19. No responsive pleading is necessary. 20. Denied that the claims of the Plaintiff are barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 P.S. §1705 et. seq. The allegations of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary then the Defendants allegation is denied and proof to the contrary is demanded at trial. WHEREFORE, the Plaintiff, Stephen M. Hake, Sr. requests that the allegations contained in the New Matter be determined in favor of the Plaintiff and dismiss the claims alleged by the Defendant in their New Matter and enter judgment against the Defendant and in favor of the Plaintiff. Date: BRATK'j & PORTKO D'irsan Bratic, Esquire Supreme Court ID 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff STEPHEN M. HAKE, SR., Plaintiff, V. THOMAS F. MANNING, III, Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO. 04-4465 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer to Defendant's New Matter was furnished by U.S. Mail, first class, postage prepaid on this -Iy of January 2005, to: Michael S. Ferguson, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant BRATIC & PORTKO Dated: Dusan Bratic, Esquire Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff (~l T:? -tl ('; -tit -r? t?? ,w ,,,`_ -'; i. -; r. ? C?= CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE -VS- MANNING COURT OF COMMON PLEAS TERM, CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 MCS on behalf of CASEY RE, ESQ. Attor for DEFENDANT DE11-573502 1.3 O S 1- L 03- COMMONWEALTH O F P ENNS YLVAN SA COUNTY (DE' CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE TERM, -VS- CASE NO: 04-4465 CIVIL MANNING 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: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1-305a--(--02 >>> LOCATION LIST <<< PAGE: I LOCATION NAME RECORDS REQUESTED HBALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHERMANSDALH FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 1 3 0 5 1- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : VS. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHSOUTH REHAB (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: onot- y/Clerk, in JU(19 2005 Dep ty Date: q d Utz s, Seal of the Court 13051-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB 175 LANCASTER BLVD P.O. BOX 2016 MECHANICSBURG, PA 17055 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security 1f: 194-44-9965 Date of Birth: 02-26-1953 SU10-571678 3-3 0 S 1-T,0 1 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE MANNING COURT OF COMMON PLEAS TERM, -VS- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-573503 1 3 0 5 1- L 02 P ENNS YLVAN SA COMMONWEALTH C DV COTJNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE -VS- MANNING TERM, CASE NO: 04-4465 CIVIL 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: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1.3 O 5 1- C O 2 >>> LOCATION LIST PAGE: 1 LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHERMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 1 3 0 5 1- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ARLINGTON ORTHOPAEDIC 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 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant /J JUL 19 2005 Date: 4i y c .2 `f,J'ftS Seal of the Court 13051-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ARLINGTON ORTHOPAEDIC GROUP 2025 TECHNOLOGY PARKWAY SUITE G-07 MECHANICSBURG, PA 17055 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: 194-44-9965 Date of Birth: 02-26-1953 SU10-571680 1 3 0 S 1- L 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERM, MANNING -vs- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-573504 3-:3051--T,0:3 PENNS YLVAN SA COMMONWEALTH (DE' COUNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE -Vs- MANNING TERM, CASE NO: 04-4465 CIVIL 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: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1 3 0 5 1- C 0 2 >>> LOCATION LIST <<< PAGE: I LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPARDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHERMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & )[RAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 :L30-93--C70-2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL 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 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant n JUL 19 2005 Date: l 1 d N . J. GrO? Seal of the Court 13051-03 Dep y• 1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: 194-44-9965 Date of Birth: 02-26-1953 SU10-571682 a-3 0 S 1- T,0 3 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE MANNING COURT OF COMMON PLEAS TERM, -VS- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-573505 1 3 O S 3- - L 0 4 COMMONWEALTH O F PENNS YLVAN S A COUNTY O F CLIMB E RLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE -VS- TERM, CASE NO: 04-4465 CIVIL MANNING OF INTENT TO TO PRODUCE [ Note: see enclosed list of locations ) TO: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ_ - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1 3 0 5 1- C O 2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHERMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 1 3 0 5 1- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL 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 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant /1 JUl 19 2005 Date: lui ,24 ?2cvs Seal of the Court 13051-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: 194-44-9965 Date of Birth: 02-26-1953 SU10-571684 a-3 0 51- -1, 041 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE MANNING COURT OF COMMON PLEAS TERM, -v5- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-573506 3-305a--T-OS COMMONWEALTH O F PENN S YLVAN SA COTTNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE TERM, -VS- CASE NO: 04-4465 CIVIL MANNING OF INTENT TO SERVE A [ Note: see enclosed list of locations ) 400 TO: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1 3 0 5 1- C 0 2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHRRMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 2 3 0 5 1- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE 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 MCC Croup 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 1 q 2005 Date: 3'f slth2s Seal of the Court 13051-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL & HEALTH SERVICES 246 PARKER STREET CARLISLE, PA 17013 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fides, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security f/: 194-44-9965 Date of Birth: 02-26-1953 SU10-571686 a-3 0 E53- -L O 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERM, MANNING -VS- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-573507 1 3 O S 1- L O G COMMONWEALTH O F P ENN SYLVAN 2 A COUNTY 01P CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE -VS- MANNING SERVE A [ Note: see enclosed list of locations ] TERM, CASE NO: 04-4465 CIVIL TO: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1 3 0 5 1- C 0 2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHHRMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 3 3 0 5 1- C 0:2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : VS. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE 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 Croup 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 19 2005 Date: 4?' .2 q .2.47 s' Seal of the Court 13051-06 De ty CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAN'T' TO RULE 4009.22 IN THE MATTER OF: HAKE MANNING COURT OF COMMON PLEAS TERM, -VS- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-573508 3 3 0 5 3- 1-0 7 PENN S YLVAN SA COMMONWEALTH (DIP COiJNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE TERM, -VS- CASE NO: 04-4465 CIVIL MANNING OF INTENT TO SERVE A SUBPOENA TO PRODUCE [ Note: see enclosed list of locations ) TO: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1 3 0 5 1- C 0 2 »> LOCATION LIST <<< PAGE: I LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHERMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 1 3 0 5 1- C O I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : VS. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for QUANTUM IMAGING & THERAPEUTIC (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 Croup 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: CASEY SHORE. ES ADDRESS: 2411 N. FRONT ST. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ?onotary/Clerk, Ci it ivisi/c - Y UL 19 2005 Depu y Date: 411u, cZ 4 oZwll? Seal of the Court 13051-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING & THERAPEUTIC ASSOC. 3508 TRINDLE ROAD CAMP HILL, PA 17011 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security 11: 194-44-9965 Date of Birth: 02-26-1953 SU10-571690 13 OS 1- L O 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE MANNING COURT OF COMMON PLEAS TERM, -VS- CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/19/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DELI-573509 1 3 O S 3-- L 08 C OMMONWEZ-?TH O IF P ENN S YLVAN = A COUNTY OF, CLIMB E RL?ND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE -VS- MANNING TERM, CASE NO: 04-4465 CIVIL 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: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 06/29/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305022 1 3 0 5 1- C 0 2 >>> LOCATION LIST <<< PACE: 1 LOCATION NAME RECORDS REQUESTED HEALTHSOUTH REHAB ARLINGTON ORTHOPAEDIC GROUP HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CARLISLE HOSPITAL CARLISLE HOSPITAL QUANTUM IMAGING & THERAPEUTIC SHERMANSDALE FAMILY PRACTICE MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-305022 1 3 0 5 1- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SHERMANSDALE 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 Mark 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: CASEY SHORE. ESO. ADDRESS: 2411 N FRONT ST HARRISBURG- PA 12110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 19 2005 Date: Seal of the Court THE COURT: Dep tyy 13051-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHERMANSDALE FAMILY PRACTICE P.O. BOX 276 SHERMANSDALE, PA 17090 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: 19444-9965 Date of Birth: 02-26-1953 SU10-571692 a-3 O S 1- L 08 M1? n C ? - r 11 - ? '_'? ? ?. (?il _?i ? ? r`J '2117 C.i r,..? i.- ;, , -.? __i T; - r' : ..i.,p c7 =? _.. ,,7 K PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE -VS- MANNING COURT OF COMMON PLEAS TERM, CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/26/2005 MCS(/JA?yn. behalf of ES ` ( CA_ SH49 Attorney or DEFENDANT DE11-575116 1 3 0 S 1- L O S) PENN S YLVAN SA COMMONWEALTH (DE, COUNTY C )EP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS HAKE -VS- MANNING MCCUEN & ASSOCIATES, PT EVERETT C. HILLS, M.D. A SUBPOENA TO MEDICAL RECORDS & IRAYS MEDICAL RECORDS & ARAYS TERM, CASE NO: 04-4465 CIVIL TO: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 07/06/2005 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - - MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MAR= STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305721 3L:3053--C702 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. , 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUL1E 4009.22 TO: Custodian of Records for MCCUEN & ASSOCIATES. PT (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 500. Philadelnhia_ 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant CBY THE EAC?OURT: Prothonotary /Clerk, Civi Div'sion nn Deputy Date: fLc vu?_ q-7, ?oU 5- Seal of the Court 13051-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MCCUEN &. ASSOCIATES, PT 240 GRANDVIEW AVENUE SUITE 5101 CAMP HILL, PA 17011 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: 194-44-9965 Date of Birth: 02-26-1953 SU10-572696 a-3 0 5 1- L O 9 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2',2 IN THE MATTER OF: HAKE MANNING COURT OF COMMON PLEAS TERM, _VS_ CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 07/26/2005 CASEY SHORE, ESQ. Attorney for DEFENDANT DE11-575117 :1_30_53_-T,:1_0 P ENNS YLVAN S A COMMONWEALTH C )F CUMBERLAND COUNTY (DE' IN THE MATTER OF: COURT OF COMMON PLEAS TERM, -VS- MANNING INTENT TO MCCUEN & ASSOCIATES, PT EVERETT C. HILLS, M.D. CASE NO: 04-4465 CIVIL TO MEDICAL RECORDS & YRAYS MEDICAL RECORDS & ARAYS VIII 07 TO: DUSAN ERATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 07/06/2005 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305721 1 3 0 5 3-- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULIK 4009.22 TO: Custodian of Records for E ETT C. HILLS, M .D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M Group- Inc 1601 Market Street. Suite 800 Philadelphia- PA 19'103 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: S Seal of the Court BY THE COURT: Prothonotary/Clerk, CiAl Division L Ail?a Deputy 13051-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EVERETT C. HILLS, M.D. C/O PRISM 175 LANCASTER AVENUE MECHANICSBURG, PA 17055 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not lirnited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRV1EW, PA 16936 Social Security #: 19444-9965 Date of Birth: 02-26-1953 SU10-572696 a-3 0 5 1-T,3- 0 !?? N ?' ?'.? U'? Tl (? ..n f,'' ?? ^ n? '_ ) lt, 11 ? 1-.i -.1-?, i ?- L? _ {? }J - "? • 4-, STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4465 Civil Term : CIVIL ACTION -LAW : JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL COMPLETED INTERROGATORIES AND RESPONSE TO PRODUCTION OF DOCUMENTS BY THE PLAINTIFF AND NOW, comes the Defendant, Thomas F. Manning, III, by and through his attorneys, Nealon Gover & Perry, who files this Motion to Compel as follows: 1. The above-captioned action arises from a motor vehicle accident that occurred on September 16, 2002. 2. Suit was commenced by the issuance of a Writ of Summons on or about September 3, 2004. 3. A Complaint was filed on or about November 22, 2004. 4. On February 16, 2005, Defendant served Plaintiffs counsel with Written Interrogatories, pursuant to Pennsylvania Rule of Civil Procedure 4006, and a Request for Production and Copying of Documents, pursuant to Rule 4009. 5. A true and correct copy of said Interrogatories and Request for Production of Documents, accompanied by each Certificate of Service, is attached hereto as Exhibit "A". 6. Pursuant to Rules 4006 and 4009 respectively, discovery responses should be served within thirty (30) days after the service of the request. 7. No objection was made to the Written Interrogatories or Request for Production of Documents. 8. On June 14, 2005, the undersigned counsel requested the outstanding discovery responses from the Plaintiff. The correspondence is attached hereto as Exhibit "B". 9. Again on June 28, 2005, correspondence was sent to the Plaintiff requesting the aforementioned discovery responses. The correspondence is attached hereto as Exhibit "C". 10. On July 1, 2005, the undersigned counsel received correspondence from Plaintiff's counsel, Dusan Cratic, which indicated that the Responses to Interrogatories and Request for Production of Documents would be forthcoming. The correspondence is attached hereto as Exhibit "D". 11. On August 25, 2005, the undersigned counsel again requested the outstanding discovery responses from the Plaintiff. The correspondence is attached hereto as Exhibit "E". 12. On October 21, 2005, the undersigned counsel made another attempt to obtain confirmation that the discovery responses would be sent expeditiously. The correspondence is attached hereto as Exhibit "F" 13. As of this date, the Defendant has not received Responses to the Written Interrogatories or Request for Production of Documents served upon Plaintiff more than 1 (one) year ago. WHEREFORE, Defendant requests that this Honorable Court compel the Plaintiff to provide Responses to the Written Interrogatories and Request for Production of Documents. Date: Respectfully submitted, NEALON GOVER & PERRY By: LAL G. Shore, Esquire I.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 7171232-9900 CERTIFICATE OF SERVICE AND NOW, this cDgr day of March, 2006, 1 hereby certify that I have served the foregoing MOTION TO COMPEL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 "y G. Shore, Esquire YI ??????? m s a y NG&P ATTORNEYS AT LAW CASEY SHORE, ESQUIRE CSHORE@NEAL ON-GO V ER. COM Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 171019 Re: Hake v. Manning Dear Mr, Bratio: MAILING ADDRESS: 2411 N. FRONT ST. HARRISBURG, PA 17110 PH: 717.232.9900 FAx: 717.236.9119 February 16, 2005 40 E. PHILADELPHIA ST. YoRx,PA, 17401 PH: 717.852.7888 Enclosed please find Defendant's Interrogaxodes and. Request for Production of Documents directed to Plaintiff in the above captioned riattgrf. Thank you. Very truly yours, NEALON, DOVER & PERRY Case . Shore CGS1dlz Enclosures STEPHEN M. HAKE, JR., Plaintiff vs. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY DEFENDANT TO BE ANSWERED BY THE PLAINTIFF - FIRST SET TO: Stephen M. Hake, Jr., and his attorney Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature pursuant to Pa.R.C.P. 4005 and 4006. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. Respectfully submitted, Date: It'e NEALON, GOVER & PERRY By: C G. Shore, Esquire I. D. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this &?-day of February, 2005, i hereby certify that I have served the foregoing INTERROGATORIES on the following by depositing- a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 1010 Off icent Center, Suite A 901 South U.S. Route 15 Diilsburg, PA 17019 CaQZ , Shore, Esquire STEPHEN M. HAKE, JR., Plaintiff vs. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF - FIRST REQUEST TO: Stephen M. Hake, Jr., and his attorney Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 PLEASE TAKE NOTICE THAT PURSUANT to Pa.R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 7. All federal, state and local income tax returns for the past five years. Respectfully submitted, NEALON, GOVER & PERRY By: Cas . Shore, Esquire I.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 Date: Los 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 1&P! day of February, 2005, 1 hereby certify that I have served the foregoing REQUEST FOR PRODUCTION OF DOCUMENTS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dilfsburg, PA 17019 L41, Cas g Shore, Esquire X 3 Q W G ??'+ 13 Y NG&P 4TTORNEYS AT LAW CASEY SHORE, ESQUIRE CSHORE@NEALON-GOVER.COM Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 171019 RE: Hake v. Manning Dear Mr. Bratic: MAILING ADDRESS: 2411 N. FRONT ST. HARwssuRG,PA 17110 PH: 717.232.9900 FAx: 717.236.9119 June 14, 2005 40 E. PHILADELPHIA ST. YoRK, PA 17401 PH: 717.852.7888 It has been quite some time since we have discussed this case. My brief review of the file would indicate that there are some outstanding discovery matters. I am going to copy my file in order to provide a response to your Request for Production of Documents in the very near future. It does not appear that I have received any response from the Plaintiff regarding the Defendant's Interrogatories or Request for Production of Documents. Please complete those things so that we may be able to schedule depositions as soon as possible. I look forward to your anticipated cooperation. If you have any questions please do not hesitate to contact me. Very truly yours, NEALON GOVER & PERRY Cas . Shore CGS/dlz m ??-? ?, ? ? NG&P %TTORNEYS AT LAW :ASEYSHORE, ESQUIRE ;SHORE@4 NEALON-GOVER.COM Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 171019 RE: Hake v. Manning Dear Mr. Bratic: MARING ADDRESS: 2411 N. FRONT ST. HARRISBURG, PA 17110 PH: 717,232.9900 FAx: 717.236.9119 June 28, 2005 40 E. PHILADELPHIA ST. YORK, PA 17401 PH: 717.852.7888 My recent review of this file indicates some unfinished business. First, I noticed that I overlooked your Request for Production of Documents. I have copied our file and I am awaiting the Verification of Thomas Manning prior to sending those records to you. Second, it appears that I have yet to hear from you regarding an Answer to the New Matter which was filed by prior counsel, Mike Ferguson, and I still have yet to receive a response to either my Request for Production of Documents or the interrogatories propounded by the Defendant. Please address these matters as quickly as possible so that we may schedule depositions in the very near future. I will also begin to subpoena medical records based on the information provided to me by the Allstate Insurance Company. I will certainly forward copies of any records received to your attention. Very truly yours, NEALON GOVER & PERRY 4;?? Casey -b. Shore CGS/dlz Enclosures rr x 6 C l? BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 DILLSBURG, PENNSYLVANIA 17019 DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. July 1, 2005 Casey G. Shore, Esquire NEALSON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 Re: Hake v. Manning Cumberland County No. 04-4465 Civil Term Dear Mr. Shore: (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 Thank you for your letter of June 28, 2005 whereby I have enclosed another copy of Plaintiff s Answer to New Matter filed on January 13, 2005. Plaintiff s Answers to Defendant's Interrogatories and Request for Production of Documents, which will include all medical records to date, and will be forth coming under separate cover. If you have any questions please feel free to contact me. Thank you. Dusan Bratic DB/dlg Encl ;,t ?, x? %? NGP ATTORNEYS AT LAW CASEY SHORE, ESQUIRE CSHOREq@NEALON-COVER.COM Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 171019 RE: Hake v. Manning Dear Mr. Bratic: MAILING ADDRESS: 2411 N. FRONT ST. HARRISBURG, PA 17110 PH: 717.232.9900 FAx: 717.236.9119 August 25, 2005 40 E. PHILADELPHIA ST, Yom PA 17401 PH: 717.852.7888 It is my understanding that an IME is going to be conducted by Stephen Hake's first party carrier regarding the September 16, 2002 incident. Would you kindly forward a copy of the report generated from that IME upon its completion. Please be advised that I am also still awaiting your Responses to our Interrogatories and Request for Production of Documents. If you have any questions or would like to discuss the case in any way, please contact me. Very truly yours, CGS/mlk NEALON GOVER & PERRY _ 4k?L Casey . Shore ti Y 2411 J!NG&P MMLMG ADDRESS: 2411 N. FRONT ST. LP HARK smG, PA 17110 PH: 717.232.9900 ATTORNEYS AT LAW FAx: 717.236.9119 CASEY SHORE, ESQUIRE C SRORE@NEALON-GO V ER. COM October 21, 2005 Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 171019 RE: Hake v. Manning Dear Mr. Bratic: 40 E. PHILADELPHIA ST. YORK, PA 17401 PH: 717.852.7888 You wrote to me on July 1, 2005 and indicated that the Plaintiffs Answers to Interrogatories and the responses to the Request for Production of Documents would soon be sent to me. hi a letter dated August 21, 2005, I reminded you that I was still awaiting these responses to the discovery request, and also asked that a copy of the First Party Independent Medical Examination of the Plaintiff be forwarded to me. I have yet to receive any of these items. Please be advised that if I am not in receipt of the responses to our discovery request by November 15, 2005, a Motion to Compel will be filed. Please feel free to contact me if you have any questions. Very truly yours, NEALON GOVER & PERRY 4-- `- as Shore CGS/gal r_' ? ti _? -r _: .,-? 4- 'J ?' I1 ?,.. ? ? :.J l S STEPHEN M. HAKE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS F. MANNING, III, Defendant NO. 04-4465 CIVIL TERM (?'u ORDER OF COURT AND NOW, this 5c" day of April, 2006, upon consideration of Defendant's Motion To Compel Completed Interrogatories and Response to Production of Documents by the Plaintiff, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ,Usan Bratic, Esq. 101 Office Center Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiff 2 ?y G. Shore, Esq. 411 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc BY THE COURT, ??, :.? :.' ;- ?, _.,_ r:: z' _ ('J Casey G. Shore, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 cshore@ngplawfirm.com STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL AND NOW, comes Casey G. Shore, Esquire who respectfully requests this Honorable Court allow the withdrawal of his Motion to Compel Discovery Responses filed on April 4, 2006, as the Plaintiff has since provided the requested discovery responses. Respectfully submitted, Date: It L c, NEALON GOVER & PERRY Bv: `.. _.. i .L Ease G. Shore, Esquire Attorney I.D. No. 85321 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this ? day of April, 2006, 1 hereby certify that I have served the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 a ey G. Shore, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHEN M. HAKE, Sr. Plaintiff V. THOMAS F. MANNING III: Defendant NO. 04-4465 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's Answers to Interrogatories and Request for Production of Documents was furnished by HAND DELIVERY on this 25"' day of April 2006, to: Casey G. Shore, Esquire NEALSON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant BRATYC & PORTKO Dated: Dusan Bratic, Esquire Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff MAY 0 3 Nbb ^ Casey G. Shore, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 cshore@ngplawfirm.com STEPHEN M. HAKE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-4465 Civil Term THOMAS F. MANNING, III, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this k day of ?? 2006, the Praecipe to Withdraw Defendant's Motion to Compel Discovery Responses is hereby granted. Distribution: Casey G. Shore, Esquir , 411 North Front Street, Harrisburg, PA 17110 vMsan Bratic, Esquire, 101 Office Center, Suite A, 101 South U.S. Route 15, Dillsburg, PA 17019 BY THE COURT: r ? =rcn ?u }M o IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION STEPHEN M. HAKE, SR. Plaintiff V. CIVIL NO. 04-4465 THOMAS F. MANNING, III, JURY TRIAL DEM Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Deposition to Defendant, Thomas F. Manning, III was fumished by prepaid on this day of May 2006 to: Casey G. Shore, Esquire Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant f DatcQ- PENNSYLVANIA foregoing Notice of Oral Mail, first class, postage Dusan Bratic, Esqui Attorney I.D. No. 19 101 Office Center, S 101 U.S. Route 15 S Dillsburg, PA 17019 (717) 432-9706 Attorney for Plainfi A c? c, -n c ? ..--?? G n :??i?,. ..m- n i ?'i? T -T. - , - .:« Jri', `. -G ?' p5 STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4465 Civil Tenn : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Thomas F. Manning, III, with regard to the above-captioned matter. Respectfully submitted, Date: -??o(JL.??2_ NEALON GOVER & PERRY By: C%QEuyty. ore, Esquire I. D. 321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this lay of July, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Cas Shore, Esquire - .. - _ i ? 'lI ? 17 71 J STEPHEN M. HAKE, JR., Plaintiff Vs. THOMAS F. MANNING, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANDICOUNTY, PENNSYLVANIA NO. 04-4465 CiAl Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEAR4NCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Thomas F. Manning, III, with regard to the above-captioned matter Respectfully submitted, NEALON GOVER 81 PERRY By: Date: I.D #: 84311 I + L(Q 11 North Front Street Harrisburg, P?, 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this aL " day of July, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 01 PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TERM, CUM13ERLAND -VS - CASE NO: 04-4465 CIVIL MANNING As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 09/19/2006 MC-q-on behalf of ASEY SH AE L Attorney for DEFENDANT R1.18 133-H DE11-0647247 13 051-L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HAKE -VS- MANNING COURT OF COMMON PLEAS TERM, CASE NO: 04-4465 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PROGRESSIVE INSURANCE CO. INSURANCE TO: DUSAN BRATIC, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 08/30/2006 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0340718 13051-C02 COMMONWEALTH OF PENNSYLVANIA COUNTTY OF CUMBERLAND File No. 04-4465 CIVIL vs. MANNING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PROGRESSIVE INSURANCE CO. (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 Groin,, 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG- PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Pr onotary/ , Civil ivision Date: ????L.? Deputy Seal of the Court 13051-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PROGRESSIVE INSURANCE CO. 6300 WILSON MILLS ROAD BOX E43 MAYFIELD VILLAGE, OH 44143 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. CLAIM # 028866789 POLICY # 56006587 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HARE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: XXX-XX-9965 Date of Birth: 02-26-1953 Date of Loss: 09/16/2002 R1.15S 133-H SU10-0640240 13051-Lll C3 Nv C. cj? i f-n rn?" HIM C ti.. STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION 1. On November 2, 2004 the Plaintiff filed a Complaint. 2. On January 7, 2005 the Defendant filed an Answer With New Matter to the Plaintiff's Complaint. 3. Previous defense counsel, Casey Shore, Esquire, filed a Motion to Compel Discovery Responses on April 4, 2006. 4. This Honorable Court issued a Rule to Show Cause as to why the Defendant's Motion to Compel Discovery Responses should not be granted. 5. The Plaintiffs attorney subsequently provided said discovery to defense counsel. 6. The Defendant filed a Praecipe to Withdraw the Motion to Compel; this Honorable Court signed the Order on May 3, 2006. 7. Depositions occurred on June 28, 2006. 8. At the end of depositions, Plaintiff's counsel indicated that his client would submit to an independent medical examination (IME). 9. On August 7, 2006, undersigned counsel sent notice of the October 11, 2006 IME to Plaintiff's attorney. (See Exhibit "A"). 10. The aforementioned notice gave Plaintiffs attorney an opportunity to contact undersigned counsel if he was not in agreement with the time and date of the IME. 11. The fees for the IME were paid. (See Exhibit "B"). 12. Cancellations must occur prior to ten (10) working days for a full refund. 13. On August 21, 2006 undersigned counsel sent a reminder letter to Plaintiff's attorney concerning the IME. (See Exhibit "C"). 14. Plaintiffs attorney did not respond to either letter. 15. On October 11, 2006 the IME doctor's office contacted undersigned counsel's office indicating that the Plaintiff did not show for the examination. 16. Undersigned counsel contacted the Plaintiff's attorney's office on October 11, 2006 to inquire as to why the Plaintiff did not show for the IME. 17. The Plaintiffs attorney's office did not provide an excuse. 18. Undersigned counsel has not received any word from the Plaintiff's attorney regarding his client, thus, a Motion to Compel is necessary. 19. The doctor selected by the Defendant to perform the IME is Dr. Sanjiv Naidu of the Hand and Upper Extremity Institute located at 2015 Technology Parkway, Mechanicsburg, PA 17050. 20. The Plaintiff has placed his medical condition at issue in this matter. 21. Pursuant to Pa. R.C.P. 4010(a), the Defendant respectfully requests this Honorable Court order the Plaintiff, Stephen Hake, to present himself for an IME to assist in determining the nature and extent of his injuries. 22. The Defendant tentatively scheduled another IME on December 13, 2006 at 1:30 p.m. with Dr. Sanjiv Naidu pending the Order of this Honorable Court. WHEREFORE, Defendant respectfully requests this Honorable Court order the Plaintiff, Stephen Hake, to submit to an IME to be performed by Dr. Sanjiv Naidu on the aforementioned date and time. Respectfully submitted, NEALON GOVER & PERRY By, I ? Date: 41;L3 Jen enley Allen, Esquire Attrn I.D. No. 84311 241 N rth Front Street Harris rg, PA 17110 (717) 232-9900 m Q ?: a NEALON GOVER & PERRY MAILING ADDRESS: NG&P 1 J 2411 N. FRONT ST. HARRIsumG, PA 17110 1 1 PH: 717.232.9900 ATTORNEYS AT LAW. FAx: 717.236.9119 JENNI HENLEY ALLEN, EsQumE JALLEN @ NGPLA W FIRM.COM August 7, 2006 Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Hake v. Manning Dear Mr. Bratic: 40 E. PHILADELPHIA ST. YORK, PA 17401 PH: 717.852.7888 Please be advised that I have scheduled an Independent Medical Examination for your client for Wednesday, October 11, 2006 at 1:00 p.m. with Dr. Sanjiv Naidu of the Hand and Upper Extremity Institute. The office is located at 2015 Technology Parkway, Mechanicsburg, PA 17050. I have scheduled the IME pursuant to Pa.R.Civ.P. 4010, as your client has placed his medical condition in controversy. Should I not hear from you within ten (10) days of the date of this letter, I will assume that you are in agreement with the time and date of the IME. If you object to the scheduled IME, kindly contact me and I will file the appropriate motion with the court. After speaking with your secretary, I understand you would like to obtain a copy of the deposition transcripts. For your convenience, the contact information for the reporting service follows: HUGHES, ALBRIGHT, FOLTZ & NATALE 2080 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 540-0220 Should you have any other concerns in regard to this matter, please contact my office. Very truly yours, NEA'LON GOVER & PERRY ley Allen JHA/nmw cc: Patricia Hoffman, Allstate Insurance Company Claim No.: 1554461549 Exhib+,a SANJIV H. NAIDU, M.D., Ph.D. P.O. BOX 1562 LEBANON, PA 17042 (MAILING ADDRESS) 717-791-2575 Independent Medical Examination Requested by: C OS 'r Shore !V'ealon Gover and Perry :-IT V- ATicole ? "36-9119 Claimant: Stephen Hake Claim No: 1554461549 Date of Injury: 9/16/02 Date/1'ime/Place of -VIE: Wednesday, October 11, 2006 Cc' 1:00 p.m. Hand and Upper Extremity Institute Fredricksen Outpatient Center 2015 Technology Parkway Mechanicsburg, PA 17050 6 Prepaid Fee: S1000.00 V---' Check Alade Payable to: Sanjiv H. Naidu, AD. 1\1, ail Nv/.Records to: Y.O. Box 1.562 Lebanon, PA 17042 Ta.x ID No.: 23-3005851 Iv1E must be prepaid at least 10 days prior to scheduled ITNIE. Cancellation and No Show Policy: A refund will only be made if cancellalion is prior to 10 workill<c" days. There will be no refund for No ShoNv. 4 ?h?b?? ? a c NEALON GOVER & PERRY NG&P ATTORNEYS AT LAW JENHI HENLEY ALLEN, EsQuin JALLENC NGPLAWFIRM.COM Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Hake v. Manning Dear Mr. Bratic: MMMG ADDRESS: 2411 N. FRONT ST. 40 E. PHILADELPHIA ST. HARRISBURG, PA 17110 YORK, PA 17401 PH: 717.232.9900 PH: 717.852.7888 FAX: 717.236.9119 August 21, 2006 Please allow this correspondence to serve as confirmation that an Independent Medical Examination has been scheduled for your client Stephen Hake for Wednesday, October 11, 2006 at 1:00 p.m. with Dr. Sanjiv Naidu of the Hand and Upper Extremity Institute. The office is located at 2015 Technology Parkway, Mechanicsburg, PA 17050. Should you have any questions or wish to discuss this matter further, kindly contact my office. Very-tKuly yours, NEAURN GOVER & PERRY ni enley Allen JHA/nmw cc: Patricia Hoffman Claim No. 1554461549 CERTIFICATE OF SERVICE AND NOW, this day of C)c? , 2006, I hereby certify that I have served the foregoing MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Henley Allen, Esquire - c5-. FTI p'-.t C.a? ..,AJ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE -VS- MANNING CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 10/18/2006 ORIGA„?jv COURT OF COMMON PLEAS TERM, CUMBERLAND MCS ehalf f CASEY S E, ESQ. Attorney for DEFENDANT R1.20 133-H DE11-0655359 13051-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERM, -VS- MANNING CASE NO: 04-4465 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MENSANA CLINIC MEDICAL RECORDS & XRAYS JOHNS HOPKINS HOSPITAL MEDICAL RECORDS JOHN HOPKINS UNIVERSITY HOSP X-RAY ONLY PAIN MANAGEMENT CLINIC MEDICAL RECORDS & XRAYS TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 09/28/2006 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.21 133-H DE02-0342983 13051-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MENSANA CLINIC (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: CASEY SHORE, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH COURT: Prothonotary/Cler , Civil ivision Q Deputy Date: ?(p Seal of the Court 13051-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC 1718 GREENSPRING VALLEY STEVENSON, MD 21153 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: XXX-XX-9965 Date of Birth: 02-26-1953 R1.21 133-H SU10-0645774 13051-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE MANNING -VS- F.a ofili, ?.-o 6; COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 10/18/2006 MCS on behalf f CASEY SH E, ESQ. Attorney for DEFENDANT R1.20 133-H DE11-0655360 13051-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERM, -VS- MANNING CASE NO: 04-4465 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MENSANA CLINIC MEDICAL RECORDS & XRAYS JOHNS HOPKINS HOSPITAL MEDICAL RECORDS JOHN HOPKINS UNIVERSITY HOSP X-RAY ONLY PAIN MANAGEMENT CLINIC MEDICAL RECORDS & XRAYS TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 09/28/2006 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 J R1.21 133-H DE02-0342983 13051-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : VS. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOHNS HOPKINS 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 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: CASEY SHORE, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: I in Protho Lary/Cler 1 it Di sion Deputy nct Date: Seal of the Court 13051-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR JOHNS HOPKINS HOSPITAL MEDICAL RECORDS 600 N. WOLFE STREET BALTIMORE, MD 21287 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: 194-44-9965 Date of Birth: 02-26-1953 R1.21 133-H SU10-0645776 13051-L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- MANNING CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 10/18/2006 MCS on behalf of ???H<?RE?E Qom, Attorney for DEFENDANT R1.20 133-H DE11-0655361 13051-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HAKE -vs- MANNING COURT OF COMMON PLEAS TERM, CASE NO: 04-4465 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MENSANA CLINIC MEDICAL RECORDS & XRAYS JOHNS HOPKINS HOSPITAL MEDICAL RECORDS JOHN HOPKINS UNIVERSITY HOSP X-RAY ONLY PAIN MANAGEMENT CLINIC MEDICAL RECORDS & XRAYS TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 09/28/2006 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.21 133-H DE02-0342983 13051-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : vs. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOHN HOPKINS UNIVERSITY HOSP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grouo Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH OURT: Prot otary/Cler ivi ivision O? Deputy Date: Seal of the Court 13051-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN HOPKINS UNIVERSITY HOSP RADIOLOGY DEPT. 601 N. WOLFE STREET BALTIMORE. MD 21205 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HAKE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: XXX-XX-9965 Date of Birth: 02-26-1953 R1.21 133-H SU10-0645778 13051-L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HAKE _VS_ MANNING TERM, CUMBERLAND CASE NO: 04-4465 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 10/18/2006 ORIGINAL COURT OF COMMON PLEAS MCS on behalf of _ CASEY SH RE, ESQ. Attorney for DEFENDANT R1.20 133-H DEll-0655362 13 051-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TERM, -VS- MANNING CASE NO: 04-4465 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MENSANA CLINIC MEDICAL RECORDS & XRAYS JOHNS HOPKINS HOSPITAL MEDICAL RECORDS JOHN HOPKINS UNIVERSITY HOSP X-RAY ONLY PAIN MANAGEMENT CLINIC MEDICAL RECORDS & XRAYS TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 09/28/2006 CC: CASEY SHORE, ESQ. - 04-636 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.21 133-H DE02-0342983 13051-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAKE : VS. MANNING File No. 04-4465 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for PAIN MANAGEMENT CLINIC (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: -CASEY SHORE, ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY T4HEC TProt hClerks',, Div" on Deputy 13051-15 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: PAIN MANAGEMENT CLINIC 5 SPRINT DRIVE CARLISLE. PA 17013 RE: 13051 STEPHEN HAKE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored,in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : STEPHEN HARE 528 2ND ST., WEST FAIRVIEW, PA 16936 Social Security #: XXX-XX-9965 Date of Birth: 02-26-1953 R1.21 133-H SU10-0645780 13051-L15 N c? ?: .. ? ?-, ..t,, ?? ?..??? ?.-? -rl .7 '.; ? ?, L.? to ;? ?"? -r, ?r rJ '.?.' .? ?? STEPHEN M. HAKE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-4465 Civil Term THOMAS F. MANNING, III, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of n a-, 2006, a Rule to Show Cause is hereby issued upon the Plaintiff to show cause, if any, why the Motion to Compel Independent Medical Examination should not be granted. Rule returnable days from the date of service. Distribution: Jenni Henley Allen, Esquire 1 North Front Street, Harrisburg, PA 17110 ?Busan Bratic, Esquire, 101 Office Center, Suite A, 101 South U.S. Route 15, Dillsburg, PA 17019 BY THE COURT: ? i. 6°1:g V IIC KID HE AU?Lll ?'1? I STEPHEN 2. HAKE, JR., : IN THE COURT OF COMMON PLEAS OF iff CUMBERLAND COUNTY, PENNSYLVANI CIVIL ACTION - LAW THOMAS F MANNING, III, Defer dant NO. 04-4465 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of November, 2006, upon consideration of the letter from Dusan Bratic, Esq., attorney for Plaintiff, the Rule To Show Cause is October 27, 2006, is hereby made absolute. The Plaintiff is hereby directed to a] the independent medical examination to be performed by Dr. Sanjiv Naidu on De 13, 2006, at :30 p.m. Nusan Brati , Esq. 101 Office Center Suite A 101 South U.S. Rout e 15 Dillsburg, P 17019 Attorney for Plaintiff /enni Henley Allen, Esq. 2411 North ront Street Harrisburg, A 17110 Attorney for efendant J on at :rc BY THE COURT, Z O :z 't! d III I,f IN Q,uOZ :?i &V " ! --.. DUSAN BRATI( STEPHEN K. P( BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 DIILLSBURG, PENNSYLVANIA 17019 ESQ. (717) )RTKO, ESQ. (717) FAX (717) November 6, 2006 Honorable Judge J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, A 17013 Stephen M. Hake Jr. v. Thomas F. Manning, III No. 04-4465 Civil Dear Jud e Oler: I have advised my client that he needs to show up for the examination that Defense Counsel as scheduled for December 13, 2006, and I have every reason that he will there for it. It would be appropriate to make the rule to show cause absolute. Thank vo . Very *ly yours, Bratic DB/rsr CC: Je Henley Allen, Esq. 8 ; ' [. V Nw STEPHEN M. HAKE, JR., Plaintiff vs. THOMAS F. MANNING, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR REIMBURSEMENT OF INDEPENDENT MEDICAL EXAMINATION FEE 1. On November 2, 2004 the Plaintiff filed a Complaint. 2. On January 7, 2005 the Defendant filed an Answer With New Matter to the Plaintiff's Complaint. 3. Following depositions, an IME was scheduled for the Plaintiff. 4. On August 7, 2006, undersigned counsel sent notice of the October 11, 2006 IME to Plaintiff's attorney. (See Exhibit "A"). 5. The afore-mentioned notice gave Plaintiff's attorney an opportunity to contact undersigned counsel if he was not in agreement with the time and date of the IME. 6. The fees for the IME were paid. (See Exhibit "B"). 7. Cancellations must occur prior to ten (10) working days for a full refund. 8. On August 21, 2006, undersigned counsel sent a reminder letter to Plaintiff's attorney confirming the IME. (See Exhibit "C"). 9. Plaintiff's attorney did not respond to either letter. 10. On October 11, 2006, the IME doctor's office contacted undersigned counsel's office indicating that the Plaintiff did not show up for the examination. 11. On October 24, 2006, undersigned counsel filed a Motion to Compel Independent Medical Examination. 12. This Honorable Court issued a Rule to Show as to why the Motion to Compel should not be granted on October 27, 2006. 13. Plaintiff's counsel wrote to this Honorable Court on November 6, 2006 indicating that he advised his client to attend the IME; however, he did not indicate why his client did not appear for the IME. (See attached Exhibit "D"). 14. On November 14, 2006, this Honorable Court issued an Order indicating that the Plaintiff was directed to appear for an independent medical examination to be performed by Dr. Sanjiv Naidu on December 13, 2006 at 1:30 p.m. (See Exhibit "E"). 15. Undersigned counsel scheduled this IME prior to filing its Motion to Compel Independent Medical Examination. 16. The costs for the IME increased to $2,000.00. (See Exhibit "F). 17. It is believed and therefore averred that because the Plaintiff did not provide an excuse as to why he did not attend the first IME, he should reimburse the Defendant for the second IME. WHEREFORE, the Defendant respectfully requests this Honorable Court order the Plaintiff to reimburse the Defendant for the $2,000.00 paid for the second independent medical examination. Respectfully submitted, NEALON GOVER I& PERRY By ? Jen le Ilen, Esqu Att me I.D. No. 84311 24 1 No h Front Street Har rg, PA 17110 Date: f) (717) 232-9900 F,?c?;b;?- A NEALON GOVER & PERRY MAILING ADDRESS: NG&P 2411 N. FRONT ST. I HARRISBURG, PA 17110 PH: 717.232.9900 ATTORNEYS AT LAw FAx: 717.236.9119 JENNI HENLEY ALLEN, ESQUIRE JALLEN @ NGPLA WFIRM.COM August 7, 2006 Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Hake v. Manning Dear Mr. Bratic: 40 E. PHILADELPHIA ST. YORK, PA 17401 PH: 717.852.7888 Please be advised that I have scheduled an Independent Medical Examination for your client for Wednesday, October 11, 2006 at 1:00 p.m. with Dr. Sanjiv Naidu of the Hand and Upper Extremity Institute. The office is located at 2015 Technology Parkway, Mechanicsburg, PA 17050. I have scheduled the IME pursuant to Pa.R.Civ.P. 4010, as your client has placed his medical condition in controversy. Should I not hear from you within ten (10) days of the date of this letter, I will assume that you are in agreement with the time and date of the IME. If you object to the scheduled IME, kindly contact me and I will file the appropriate motion with the court. After speaking with your secretary, I understand you would like to obtain a copy of the deposition transcripts. For your convenience, the contact information for the reporting service follows: HUGHES, ALBRIGHT, FOLTZ & NATALE 2080 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 540-0220 Should you have any other concerns in regard to this matter, please contact my office. Very truly yours, NEAVON GOVER & PERRY Jfinni Henley Allen JHA/nmw cc: Patricia Hoffman, Allstate Insurance Company Claim No.: 1554461549 Exhibit S SAN.T1:V H. NAIDU, \I.D., Ph.D. P.O. BOX 1.562 LEBANON, PA 1.7042 (HAILING Al DRESS) 717-791-2575 Independent Yledieal Examination Requested by: Case}' Shore ,'Vealon Gover and Perry ;:f.Tl:ti': ATicole "3'?-900 _1 36-9119 Claimant: Stephen Hale Claim No: 1554461549 Date of Injury: 9/16/02 Date/Time/Place of IME: Wednesday, October 11, 2006 c, 1.:00 p.m. Hanel and Lipper Extrentit) IRStitt[te Fredricksen Outpatient Center 2015 Technology Parkway Mechanicsburg, PA. 17050 Prepaid Fee: 51000.00 ox Check Made Payable to: Saujiv H. Naidu, AI.D. ti'Iail «./Records to: P.O. Box 1562 Lebanon, PA 17042 Tax ID No.: 23-3005851 I1IE must be prepaid at least 10 days prior to scheduled VNIE. Cancellation and No ShoNv Policy: A refund will only be rna& if cancellation is prior to 10 \ orking days. Thero will be no refund. for No Show. cl, NEALON GOVER &PERRY NG&P ATTORNEYS AT LAW JENNI HENLEY ALLEN, ESQUIRE JALLEN @ NGPLAWFIRM.COM Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Hake v. Manning Dear Mr. Bratic: MAILING ADDRESS: 2411 N. FRONT ST. 40 E. PHILADELPHIA ST. HARRISBURG, PA 17110 YORK, PA 17401 PH: 717.232.9900 PH: 717.852.7888 FAx: 717.236.9119 August 21, 2006 Please allow this correspondence to serve as confirmation that an Independent Medical Examination has been scheduled for your client Stephen Hake for Wednesday, October 11, 2006 at 1:00 p.m. with Dr. Sanjiv Naidu of the Hand and Upper Extremity Institute. The office is located at 2015 Technology Parkway, Mechanicsburg, PA 17050. Should you have any questions or wish to discuss this matter further, kindly contact my office. Ve"uly yours, NEA(L(RN GOVER & PERRY ni enley Alien JHA/nmw cc: Patricia Hoffman Claim No. 1554461549 Exhibi f b BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 DILLSBURG, PENNSYLVANIA 17019 DUSAN BRATIC, ESQ. (717) 432-9706 STEPHEN K. PORTKO, ESQ. (717) 432-2538 FAX (717) 432-9220 November 6, 2006 Honorable Judge J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Stephen M. Hake Jr. v. Thomas F. Manning, III No. 04-4465 Civil Dear Judge Oler: I have advised my client that he needs to show up for the examination that Defense Counsel has scheduled for December 13, 2006, and I have every reason that he will be there for it. It would be appropriate to make the rule to show cause absolute. Thank you. Very truly yours, usan Bra- DB/rsr CC: Jenni Henley Allen, Esq. 3 i ;) L UU0 Exhib;-? E STEPHEN M. HAKE, JR., : Plaintiff V. THOMAS F. MANNING, ; III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V NO. 04-4465 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of November, 2006, upon consideration of the attached letter from Dusan Bratic, Esq., attorney for Plaintiff, the Rule To Show Cause issued on October 27, 2006, is hereby made absolute. The Plaintiff is hereby directed to appear at the independent medical examination to be performed by Dr. Sanjiv Naidu on December 13, 2006, at 1:30 p.m. Dusan Bratic, Esq. 101 Office Center Suite A 101 South U. S . Rout e 15 Dillsburg, PA 17019 Attorney for Plaintiff enni Henley Allen, Esq. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc BY THE COURT, SANJZV H. NAIDU, M.D., Ph.D. P.O. BOX 1562 LEBANON, PA 17042 (MAILING ADDRESS) 717-791-2575 Independent Medical Examination Requested by: Casey Shore Nealon Gover and Perry ATTN.- Nicole 232-9900 236-9119 Claimant: Stephen Hake Claim No: 1554461549 Date of Injury: 9/16/02 Date/Time/Place of IME: Wednesday, December 13, 2006 cr 1:30 p.m. Hand and Upper Extremity Institute Fredricksen Outpatient Center 2015 Technology Parkway Mechanicsburg, PA 17050 Prepaid Fee: $2000.00 Check Made Payable to: Saujiv H. Naidu, M.D. Mail w/Records to: P.O. Box 1562 Lebanon, PA 17042 Tax ID No.: 23-3005551 IME must be prepaid at least 10 days prior to scheduled IME. Cancellation and No Show Policy: A refund will only be made if cancellation is prior to 10 working days. There will be no refund for No Show. CERTIFICATE OF SERVICE AND NOW, this ©t day of, 2007, 1 hereby certify that I have served the foregoing MOTION FOR REIMBURSEMENT OF INDEPENDENT MEDICAL EXAMINATION FEE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 ?..ti; ._ ? ?. JAN 1 9 ;';.jd7 yp STEPHEN M. HAKE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-4465 Civil Term THOMAS F. MANNING, III, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this _,Z? day of I t.7 n L , 2007, a Rule to Show Cause is hereby issued upon the Plaintiff to show cause, if any, why the Motion for Reimbursement of Independent Medical Examination Fee should not be granted. Rule returnable 2-0 days from the date of service. Distribution: Jenni Henley Allen, Esquire, 2411 North Front Street, Harrisburg, PA 17110 Dusan Bratic, Esquire, 101 Office Center, Suite A, 101 South U.S. Route 15, Dillsburg, PA 17019 BY THE COURT: i. r . to -.7 t `' f?l??r STEPHEN M. HAKE, JR., Plaintiff, V. THOMAS F. MANNING, III, Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO. 04-4465 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR REIMBURSEMENT OF INDEPENDENT MEDICAL EXAMINATION FEE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. The letter speaks for itself. 6. Unknown. It is assumed that the Defendant paid the fee. 7. It was unknown to the Plaintiff as to what those arrangements were with regard to cancellation policy. 8. A copy of the notice was sent to the Plaintiff. It was unknown to the Plaintiff's attorney that the client's address was changed. No return was received. Plaintiff's Attorney believed that the letter was sent and received. The Plaintiff informed Plaintiff's Attorney that he did not receive the notice for the defense examination. 9. Admitted. 10. The information contained in this paragraph is solely in possession of the Defense attorneys. 11. Agreed. 12. Agreed. 13. It is believed that there was a telephone conversation at which time Plaintiff's counsel explained that the letter was sent to a former address rather than the Plaintiff's current address, as the Plaintiff had to move because he was being evicted as a result of not having income due to having sustained injuries in this accident. 14. Agreed. 15. The allegations in paragraph 15 are unknown to the Plaintiffs and that information is solely in the possession of the Defendants. 16. It is unknown what the DME fee was or if there was any increase in the fee. Defense counsel never communicated fee arrangements to Plaintiff's counsel. Plaintiff has no knowledge as to an increase or why the fee would have been increased in that period of time. Counsel had other doctors who they could have used for the Defense Medical Examination. 17. Under the circumstances it is suggested that Plaintiff not be surcharged. Plaintiff is impecunious having lost his job as a result of this accident. He has no ability to pay. Had this request been made at the time the Motion to Compel was filed the Plaintiff could have presented their response and challenged the $2000 fees. WHEREFORE, it is respectfully submitted that had Defendant's counsel informed the Plaintiff that there was a fee being requested for the rescheduling of the DME, Plaintiff would have been addressed in the Motion to Compel. WHEREFORE, it is respectfully submitted Plaintiff not be surcharged for the Defense medical examination. submitted, Dated: vG [ K 6 busan Bratic ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff VERIFICATION I, Stephen M. Hake, Sr., hereby acknowledge that I am a Plaintiff in the foregoing action and the facts stated therein are true and correct to the best of my knowledge, information and belief . I understand that any false subject to penalties of 18 Pa.C.S. statements herein are made §4904, relating to unsworn falsification to authorities. Dated: lo?7 j Step n M. Hake, Sr. STEPHEN M. HAKE, JR., Plaintiff, V. THOMAS F. MANNING, III, Defendant. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO. 04-4465 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Motion was furnished by U.S. Mail, first class, postage prepaid on this 12'b day of February 2007, to: Jenni Henley Allen, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 BRATIC & PORTKO Dated: ?/ O -C . q i STEPHEN M. HAKE, JR., Plaintiff VS. THOMAS F. MANNING, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Thomas F. Manning, III, with -regard to the above-captioned matter. Respectfully submitted, Date: 7 Cas -'&.4hore, Esquire I. D. #15321 2444-Worth Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this day 09, 1 hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 , Esquire 1'1 T OF 2009 NOV 19 PM 2: 43 PEHNNSILVAMA a OWENS, BARCAVAGE AND MCINROY, LLC BY: Stephen J. Barcavage, Esquire Attorney I.D. No. 78867 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 909-2500 STEPHEN M. HAKE, JR., Plaintiff vs. THOMAS F. MANNING, III, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4465 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Stephen J. Barcavage, Esqurie, Matthew L. Owens, Esquire and the law firm of Owens Barcavage and McInroy, LLC. as counsel of record for Thomas F. Manning, III in the above-captioned matter. DATE: l! /z l3 DATE: L OWENS VAGE AND MCINROY, LLC. BY: /V?1? t . Barcavage, Esqurie ID# 78867 //"2000 Linglestown Ro , utte 3 Harrisburg, PA 17 0 (717) 909-2500 BY: IfW W Matthe*L.'M -ns, Esquire ID# 76080 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 909-2500 CERTIFICATE OF SERVICE We, Stephen J. Barcavage, Esquire and Matthew L. Owens, Esquire, do hereby certify that on this ` day of November, 2009, we served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Dusan Bratic, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 atthew L. Owens, Esquire ftn P66TARY 2009 NOV 19 PH 2: 4 3 Cl;& d i, 1 idiY OWENS BARCAVAGE & MCINROY, LLC BY: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Ste 101 Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) L I?'f?OT??G?I OTAr : AI 1 SEP 12 P 1: 0"' CUMBERLAND COUNT`;' PENNSYLVANIA STEPHEN M. HAKE, JR. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 04-4465 THOMAS F. MANNING, III : CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Thomas F. Manning, III, Defendant intends to serve a subpoena on Dr. Reginald Davis, M.D., Greater Baltimore Neurological Associates, 6535 North Charles Street, Ste. 600, Baltimore, MD 21204, identical to the subpoena 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(s). If no objection is made the subpoenas may be served. Date: *a4z-1-C- Q Bart W. Holmes, Esqu re Attorney for Defendant CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify that on this 29th day of August, 2011, 1 served a true and correct copy of the foregoing, along with a true copy of the subject subpoena, by United States Mail, pre-paid, at: Dusan Bratic, Esquire 101 Office Center, Ste. A 101 South U.S. Route 15 Dillsburg, PA 17019 Bart W. Holmes, Es uire - a OWENS BARCAVAGE & MCINROY, LLC BY: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Ste 101 Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) -Ji F ILE10 0140 1A 21011 SEP 12 PM 1: 06 r:CUMBERLAND COUNTY PENNSYLVANIA STEPHEN M. HAKE, JR. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 04-4465 THOMAS F. MANNING, III : CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVVERY PURSUANT TO PA.R.C.P 4009.21 Dear Mr. Bratic: Kindly waive the 20-day notice provision of Pa.R.C.P. 4009.2 1, et seq. with respect to the following subpoena to be issued for medical records: Dr. Reginald Davis, M.D. Greater Baltimore Neurological A 6535 North Charles Street, Ste. 6( Baltimore, MD 21204 Date: /I/// By: Dusan Bratic, Esquire STEPHEN M.HAKE,JR., IN THE COMMON PLEAS COURT OF Plaintiff, CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL NO. 04-4465 THOMAS F.MANNING,III, JURY TRIAL DEMANDED Defendant. r_. CJ 2f T, y� rnW O�- n' PRAECIPE TO SETTLE AND SATISFY °c; = - a CD,-, TO THE PROTHONOTARY: v Please mark the above captioned matter settled and satisfied. Respectfully Submitted, Dated: IBDusratic, Esquire, ID 19429 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff