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Home My WebLink About04-4570 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F, CLEARY v, CIVIL ACTION - LAW GERALDINE D, McELWEE Defendants NO, 04 ~ I./S?D Ci(JLLT~ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue Writ of Summon against the following Defendant: Geraldine D, McElwee 38 Ball Park Drive Gardners, P A 17324 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~eJL-. Andrew C. Spears, Esquire Attorney J.D. No. 87737 P,O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: ~-~-(J~ Attorneys for Plaintiff 311683-1 JV (J .(q ~ 1fi. 1Il .~ .... ~ ~ E ~ ~ 19 !8 pc Y C) t--..) , ~::.; C:j .,,;;_ ufl ':/) ::;:.! -- C.: ~-:'- " -- c.., ""'- f8 .; WILLIAM F. CLEARY Plaintiff v. GERALDINE D, McELWEE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oll - ~C70 (Jo'tL '1~ WRIT OF SUMMONS TO: Geraldine D. McElwee 38 Ball Park Drive Gardners, PA 17324 You are hereby notified that Plaintiff has commenced an action against you. Dated: g pl. I J I ;UVr 3/1683-1 ~.uJj~=J ~ . ~ Prothonotary ~ C SHERIFF'S RETURN - REGULAR CASE NO: 2004-04570 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLEARY WILLIAM F VS MCELWEE GERALDINE D CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS MCELWEE GERALDINE D was served upon the DEFENDANT , at 1520:00 HOURS, on the 15th day of September, 2004 at 38 BALL PARK ROAD GARDNERS, PA 17324 GERALDINE D. MCELWEE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.88 .00 10.00 .00 36.88 Sworn and Subscribed to before me this .2 .J........,( day of 4~^" c2fJV'{ A.D. CJ. . . f2 7r0~, OJ;" 1~thonotary . ,- , So Answers: :r~~-~ , ? R. Thomas Kline 09/16/2004 METZGER WICKERSHAM By:~4. ~~uty Sheriff BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, P A 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant File#34025.4-00009 WILLIAM F. CLEARY Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA YS. GERALDINE D. MCELWEE Defendant CNIL ACTION-LAW NO. 04-4570 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Geraldine D. McElwee, with regard to the above-captioned matter. I am authorized to accept service on behalf of said entity. -- S EDELSTEIN DATE: !O/2fo/,f( B , . Kronthal, Esquire Attor ey No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this o?Cb day of WuW, 2004, served a true and correct copy ofthe foregoing upon the person(s) and in the manner indicated below: Service bv First Class Mail. Postage Prepaid. Addressed as Follows: Andrew Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 MARGOLIS EDELSTEIN By: Q--.,/Qa /~ Carol Moose M:\mdir\J Kemper\34025.4-00009\Pleads\Entry of Appearance. 10-25-04. wpd (") C' ~j i!t; rl-~ f 11 -)I"y l 4-.- Zo' 0' ': ' ....0::,. -<-; ~,..:. ~~ (.. ...,;- ";;,, C"':' Z.C' >c: z ~ -. ~ <:;:> c:;:,:;:> -"'- o C"') --t N \.D ..", :J;. c..., U1 \.D o ." .-1 :I-n m;:== -~lm LC -0.( 9(.) ::::I"'i f''j:::U -~..I..J ""fTl '~ ~u -< BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant File#34025.4-00009 WILLIAM F. CLEARY Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YS. GERALDINE D. MCELWEE Defendant CIVIL ACTION-LAW NO. 04-4570 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COr~PLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. DATE: Ij30/0Y ELSTEIN ONTHAL Attorney. . #55672 P.O. Box 932 Harrisburg, P A 17] 08-0932 (717) 975-8114 Attorney for Defendant TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. DATE: r.1<:. 7 :2~CJY ~w95. Pro tho tary,S;.umh and (-, .~:~' :>-> r..~?; ..J;.- t::"::I /-"1 l""") I .......} !"/"i..' ::--:.. ~ , "l' ::\: ;".3 (,./1 C) o -.; 1 i~~T ," -~~7 t~] .;,J_} - ~.:.:.! " .' - Metzger. Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney LD. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs@mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. CLEARY, v. CIVIL ACTION - LAW NO. 04-4570 GERALDINE D. MCELWEE, Defendants JURY TRJAL DEMANDED NOTICE TO DEFEND TO: Geraldine D. McElwee 38 Ball Park Drive Gardners, P A 17324 YOU HA VB 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA'ITER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION .ABOUT HIRING A LAWYER. 317090 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE lOR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en 1as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y 1a notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a 1as demandas en contra de su persona. Sea avisado que si usted no se defiende, 1a corte tomara medidas Y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja 0 alivio que es pedido en 1a peticion de demanda. Usted puede perder dinero () sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAOO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 317090 Metzger. Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 acs@mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. CLEARY, v. CIVIL ACTION - LAW NO. 04-4570 GERALDINE D. MCELWEE, Defendants JURY TIDAL DEMANDED CIVIL COMPLAINT 1. Plaintiff, William F. Cleary, is an adult individual currently residing at 49 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant, Geraldine D. McElwee, is an adult individual believed to be currently residing at 38 Ball Park Drive, Gardners, Cumberland County, Pennsylvania, 17324. 3. On September 21, 2002, Plaintiff was driving his 1994 Ford Escort with Pennsylvania Registration Plate No. ESP1780. 4. On the aforesaid date, Defendant was driving her 1993 Ford vehicle with Pennsylvania Registration Plate No. WR04560. 317090 5. On the aforesaid date, at approximately 1 :30 p.m., Plaintiff was operating his aforesaid vehicle southbound on North Fayette Street, Route 696, approaching the West Orange Street intersection in Shippensburg, Cumberland County, Pennsylvania. 6. At the aforesaid date and time, Defendant was traveling east on West Orange Street approaching the North Fayette intersection in Shippensburg, Cumberland County, Pennsylvania. 7. At the aforesaid date and time, Defendant failed to stop at a red traffic signal and violently collided with the vehicle driven by Plaintiff, who had the right-of-way and a green traffic signal. COUNT I PlaintitTv. Defendant Nee:lie:ence 8. Paragraphs 1 through 7 above are incorporated herein by reference as if fully set forth. 9. Defendant owed a duty to other lawful users of the roadway in the Commonwealth of Pennsylvania to operate her vehicle in such a way as to not cause harm or damage to said other persons and to Plaintiff in particular. 10. The negligence, carelessness, and recklessness of Defendant consisted of the following: (a) failing to observe the roadway ahead for 1he presence of other vehicles; (b) failing to slow or stop the vehicle she was operating so as to avoid a collision; (c) failing to apply the brakes of the vehicle she was operating or take other evasive action to avoid a collision with the vehicle operated by Plaintiff; -2- 317090 (d) failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; (e) operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. ~3714 and applicable law; (f) failing to keep her vehicle under proper and adequate control so as not to expose other users to unreasonable risk of harm; (g) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the roadway; (h) failing to pay attention to the roadway and conditions existing; (i) failing to obey traffic control signals in violation of 75 Pa. C.S.A. ~3112 and applicable law; U) failing to stop for a red traffic signal in violation of 75 Pa. C.S.A. ~3112A(3); (k) failing to yield at an intersection in violation of 75 Pa. C.S.A. ~3321 and applicable law; (1) failing to yield the right-of-way to Plaintiffs vehicle; (m) operating her vehicle too fast for the conditions existing at the aforesaid time and place at an unsafe speed in violation of75 Pa. C.S.A. 93361 and applicable law; (n) operating her vehicle in reckless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. ~3736 and applicable law; and (0) moving a vehicle when not safe to do so in violation of 75 Pa. C.S.A. ~3333 and applicable law. - 3 - 317090 11. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Plaintiff sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, aggravation of pre-existing conditions which include, but are not limited to, the following: (a) trauma and injury to his cervical spine; (b) trauma and injury to his lumbar spine; ( c) trauma and injury to both shoulders; and (d) other injuries. 12. As a direct and proximate result of the negligence, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, was forced to incur medical bills and expense for the injuries he has suffered and will continue to incur such medical expenses in the future. 13. As a direct and proximate result of the negligence, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, has suffered and may suffer a loss of earnings, permanent disability, impairment, loss of productivity, loss of household services, and/or loss of earning capacity. 14. As a direct and proximate result of the negligence" recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, has undergone, and in the future will undergo, great physical pain, mental pain, discomfort, inconvenience, distress, embarrassment, and humiliation, past and future loss of ability to enjoy the pleasures of life, and limitations in pursuit of daily activities, all to his great loss and detriment. 15. As a direct and proximate result of the negligence, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, has sustained incidental costs and losses which include, but are not limited to, past and future medication costs. -4- 317090 WHEREFORE, Plaintiff, William F. Cleary, demands damages from Defendant, Geraldine D. McElwee, in an amount not in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~C5)~ Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: \)-<\ -oi - 5 - 317090 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, William F. Cleary, and that the facts in the foregoing Civil Complaint are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, William F. Cleary, are as known to the undersigned as to the client, Plaintiff, William F. Cleary, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. W-, e ~~ Andrew C. Spears ./ Dated: D - ~ -<J1 317090 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy of the Civil Complaint with reference to the foregoing action by first class mail, postage prepaid, this~ clay of December, 2004, on the following: Barry A. Kronthal, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, P A 17108-0932 ~~~. 0 L Andrew . pears, Esquife- 317090 0 '" 0 c...'":.:> c: (:_") 'I ~ I I r:' :]1 '""1; 1 fq '"Tl CJ I rn CJ W r \ .. -~I , , ~'l n I I ...< ~:::2 (,..,-' ('.,;; -', SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant File#34025.4-00009 WILLIAM F. CLEARY Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALDINE Do MCELWEE Defendant CIVIL ACTION-LAW NO. 04-4570 JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT. GERALDINE D. MCELWEE. TO THE COMPLAINT OF PLAINTIFF. WILLIAM F. CLEARY AND NOW, comes Defendant, Geraldine D. McElwee ("'Defendant"), by and through her counsel, Margolis Edelstein, and preliminary objects to the Complaint of Plaintiff, William F. Cleary ("Plaintiff'), and avers the following in support thereof: 1. Plaintiff initiated the above-captioned personal injury action with the filing of a Praecipe for Writ of Summons on or about September 13, 2004. 2. Plaintiffthen filed a Complaint on or about December 9,2004. A copy of Plaintiffs Complaint is attached hereto, made a part hereof, and marked as Exhibit "A." 3. In his Complaint, Plaintiff seeks monetary damages relating to injuries suffered in a two (2) car motor vehicle accident, allegedly caused by the negligence of Defendant. 4. Defendant files the following Preliminary Objections to Plaintiffs Complaint, pursuant to Pa. RoC.P. No. 1028(a)o I. PRELIMINARY OBJECTION, PURSUANT TO PA. R.c.P. NO. 1028(a)(3), INSUFFICIENT SPECIFICITY IN A PLEADING. 5. The averments contained in Paragraphs 1 through 4 are incorporated by reference herein as if set forth in their entirety. 6. In his Complaint, Plaintiff uses the language "which include, but are not limited to" in describing both his injuries and his damages. See Exhibit "A," Paragraphs 11 and 15. 7. In addition, in describing his alleged injuries from th(~ two (2) car motor vehicle accident, Plaintiff uses the catch-all language "other injuries" in describing the extent of his injuries. See Exhibit "A," Paragraph 11(d). 8. Defendant preliminarily objects to the use of such catch-all language in describing Plaintiffs injuries and damages, because it does not adequately inform the Defendant as to the true measure of Plaintiffs injuries and damages. 9. Pennsylvania is a fact pleading jurisdiction, and Pa. R.C.P. No. 1019(a), requires that the material facts upon which a cause of action is based properly set forth. 10. A Complaint must: (1) notify the defendant of what plaintiffs claim is and the grounds upon which is rests; and (2) formulate the issue by summarizing those facts essential to support the claim. Baker v. Rangos, 229 Pa. Super. 333, 324 A.2d 498 (1974). 11. In addition to the fact that the catch-all language mentioned above is insufficient under Pennsylvania law, such language could allow Plaintiff to amend his Complaint after the running of the applicable statute of limitations to add new claims of injuries and damages. 12. The Pennsylvania Supreme Court has emphasized the paramount importance of specificity in a complaint to avoid a later amplification of generiG terms in Connor v. Allegheny General Hospital, 501 Pa. 306,461 A.2d 600 (1983). WHEREFORE, Defendant, Geraldine D. McElwee, respectfully requests that this Honorable Court issue an Order striking the above-mentioned catch-all language from Paragraphs 11, II(d), and 15 of Plaintiffs Complaint. m. PRELIMINARY OBJECTION, PURSUANT TO PA. R.C.P. NO. 1028(a)(2), FAILURE OF A PLEADING TO CONFORM TO LA VV OR RULE OF COURT. 13. The averments contained in Paragraphs 1 through 12, are incorporated by reference herein as if set forth in their entirety. 14. Plaintiffs Complaint contains an attorney Verification, rather than being verified by the Plaintiff himself. See Exhibit "A." 15. A Complaint which is not endorsed with a proper Verification is subject to a motion to strike. Berger v. City of Williams port, 12 Pa. D. & C. 4th 397 (C.P. Lycoming 1990). 16. An improper Verification of a Complaint must not be brushed aside as a mere legal technicality, and may result in the waiver of rights by the pleader. Warren v. Williams, 88 A.2d 406 (Pa. 1952). 17. Pa. R.C.P. No. 1024, states in relevant part that: a. Every pleading containing an averment of fact not appearing of record in the action. .shall state that the averment. .is true upon the signer's personal knowledge or information and belief and shall be verified. c. The verification shall be made by one or more ofthe parties filing the pleading unless all ofthe parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. Pa. R.c.P. No. I024(a) and (e). 18. An attorney may verify a pleading only in those cases in which the conditions delineated in Pa. R.C.P. No. 1024 are present (emphasis added) Meder v. Integrity Real Estate, 18 Pa. D. & C. 4th 640, 641 (C.P. Synder 1992). 19. The Verification attached to Plaintiffs Complaint does not aver that Plaintiff was without sufficient information or knowledge to sign the Verification, or that he was outside of the Commonwealth and not available in time to file the Complaint. 20. In fact, it is clear from the Plaintiffs own Complaint, that at all times relevant hereto, Plaintiff resided within the Commonwealth and, therefore, under Pa. RC.P. No. 1024, should have been the signatory of the Verification. 21. Further, no Rule to File Complaint has been issued in this matter and, therefore, Plaintiff cannot contend that his Verification could not be obtained within the time allowed for the filing of the Complaint. 22. Accordingly, the Verification signed by Plaintiffs counsel is contrary to the express provision ofPa. RC.P. No. 1024, subjecting the Complaint to a Motion to Strike as set forth above. WHEREFORE, Defendant, Geraldine D. McElwee, respectfully requests that this Honorable Court issue an Order striking Plaintiffs Complaint for failure to attach a proper Verification DATE: i ).-J.,1-o ~ By: CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~'~ day of ~004, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service hv First Class Mail. Postaee Prepaid. Addressed as FoUows: Andrew Spears, Esquire P.O. Box 5300 Harrisburg, P A 17110-0300 MARGOLIS EDELSTEIN By: L~j~ () /'1-- Carol Moose M:\mdirll KemperI34025.4-00009\Pleads\POs.12-29-04. wpd Exhibit A Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs(Q),mwke.com Attorneys for Plaintiff WILLIAM F. CLEARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-4570 GERALDINE D. MCELWEE, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Geraldine D. McElwee 38 Ball Park Drive Gardners, P A 17324 YOU HA VB 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVNER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. )]7090 IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de p1azo a1 partir de la fecha de la demanda y 1a notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas () sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, 1a corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero (I sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAOO 1MMEDIATAMENTE. SI NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OF1CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 317090 Metzger. Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs@mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW NO. 04-4570 WILLIAM F. CLEARY, v. GERALDINE D. MCELWEE, Defendants JURY TRIAL DEMANDED CIVIL COMPLAIN1[ 1. Plaintiff, William F. Cleary, is an adult individual currently residing at 49 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant, Geraldine D. McElwee, is an adult individual believed to be currently residing at 38 Ball Park Drive, Gardners, Cumberland County, Pennsylvania, 17324. 3. On September 21, 2002, Plaintiff was driving his 1994 Ford Escort with Pennsylvania Registration Plate No. ESP1780. 4. On the aforesaid date, Defendant was driving her 1993 Ford vehicle with Pennsylvania Registration Plate No. WR04560. 317090 5. On the aforesaid date, at approximately 1:30 p.m., Plaintiff was operating his aforesaid vehicle southbound on North Fayette Street, Route 696, approaching the West Orange Street intersection in Shippensburg, Cumberland County, Pennsylvania. 6. At the aforesaid date and time, Defendant was traveling east on West Orange Street approaching the North Fayette intersection in Shippensburg, Cumberland County, Pennsylvania. 7. At the aforesaid date and time, Defendant failed to stop at a red traffic signal and violently collided with the vehicle driven by Plaintiff, who had the right-of-way and a green traffic signal. COUNT I Plaintiff v. Defendant N el!lb!ence 8. Paragraphs 1 through 7 above are incorporated herein by reference as if fully set forth. 9. Defendant owed a duty to other lawful users of the roadway in the Commonwealth of Pennsylvania to operate her vehicle in SUGh a way as to not cause hann or damage to said other persons and to Plaintiff in particular. 10. The negligence, carelessness, and recklessness of Defendant consisted of the following: (a) failing to observe the roadway ahead for the presence of other vehicles; (b) failing to slow or stop the vehicle sh(: was operating so as to avoid a collision; (c) failing to apply the brakes of the vehic:le she was operating or take other evasive action to avoid a collision with the vehicle operated by Plaintiff; -2- 317090 (d) failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; ( e) operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. ~3714 and applicable law; (f) failing to keep her vehicle under proper and adequate control so as not to expose other users to unreasonable risk ofhann; (g) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the roadway; (h) failing to pay attention to the roadway and conditions existing; (i) failing to obey traffic control signals in violation of 75 Pa. C.S.A. ~3112 and applicable law; CD failing to stop for a red traffic signal in violation of 75 Pa. C.S.A. ~3112A(3); (k) failing to yield at an intersection in violation of 75 Pa. C.S.A. ~3321 and applicable law; (1) failing to yield the right-of-way to Plaintiffs vehicle; (m) operating her vehicle too fast for the conditions existing at the aforesaid time and place at an unsafe speed in violation of75 Pa. C.S.A.~3361 and applicable law; (n) operating her vehicle in reckless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. ~3736 and applicable law; and (0) moving a vehicle when not safe to do so in violation of 75 Pa. C.S.A. ~3333 and applicable law. - 3 - 317090 11. As a direct and proximate result of the collision and the negligent, careless, and reckless conduct of Defendant, Plaintiff sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, aggravation of pre-existing conditions which include, but are not limited to, the following: (a) trauma and injury to his cervical spine; (b) trauma and injury to his lumbar spine; (c) trauma and injury to both shoulders; and (d) other injuries. 12. As a direct and proximate result of the negligence, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, was forced to incur medical bills and expense for the injuries he has suffered and will continue to incur such medical expenses in the future. 13. As a direct and proximate result of the negligenc(~, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, has suffered and may suffer a loss of earnings, permanent disability, impairment, loss of productivity, loss of household services, and/or loss of earning capacity. 14. As a direct and proximate result of the negligence, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, has undergone, and in the future will undergo, great physical pain, mental pain, discomfort, inconvenience, distress, embarrassment, and humiliation, past and future loss of ability to enjoy the pleasures of life, .md limitations in pursuit of daily activities, all to his great loss and detriment. 15. As a direct and proximate result of the neg1igencl::, recklessness, and carelessness of Defendant, Plaintiff, William F. Cleary, has sustained incidental costs and losses which include, but are not limited to, past and future medication costs. -4- 317090 . WHEREFORE, Plaintiff, William F. Cleary, demands damages from Defendant, Geraldine D. McElwee, in an amount not in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~C \)__ Andrew C. Spears, ESquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: \)-<\-01 -5- 317090 ." VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, William F. Cleary, and that the facts in the foregoing Civil Complaint are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, William F. Cleary, are as known to the undersigned as to the client, Plaintiff, William F. Cleary, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. W-, (( J2 Andrew C. Spears ./ Dated: D- <\ -Qj 317090 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy of the Civil Complaint with reference to the foregoing action by first class mail, postage prepaid, this~ day of December, 2004, on the following: Barry A. Kronthal, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, P A 17108-0932 AndreW~~S Esq~,L 317090 J~~ ~/' '--- ::.-:::; --: () r_ ".~" -~. .'T"', ~~". '" C:::::;, C:.:J oJ:- fif c-) "v \0 o Ii ":; .')::' ..,.. fl'1_.'...! r-- -:rr rq :!1["-, rS'r-' :_j(~ .:-t' _'.!j' ::J (' ') tjn-, :~ ..:r~u .~ , , "" :;'"",i: (:. c', -n .::r~ <;.:.> - 0, Metzger. Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-03 00 (717) 238-8187 acs@mwke.com Attorneys ft)r Plaintiff WILLIAM F. CLEARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-4570 GERALDINE D. MCELWEE, Defendants JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT, GERALDINE D. MCELWEE'S PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, William F. Cleary, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.c., and submits the foHowing Response in opposition to Defendant's Preliminary Objections to the Complaint of Plaintiff, William F. Cleary: 1. Without admission, no response is required as the legal pleadings in this case speak for themselves. 2. Without admission, no response is required as the legal pleadings in this case speak for themselves. 318517 3. Without admission, no response is required as the legal pleadings in this case speak for themselves. 4. Conclusion oflaw, no response required. If a response is required, Pa. RC.P. No. 1028(a) speaks for itself. I. PRELIMINARY OBJECTION, PURSUANT TO PA. R.C.P. NO.I028(a)(3), INSUFFICIENT SPECIFICITY IN A PLEADING. 5. No response required. 6. Without admission, no response is required as the legal pleadings in this case speak for themselves. 7. Without admission, no response is required as the legal pleadings in this case speak for themselves. 8. Conclusion of law, no response required. If a response is required, physical injuries and medical expenses are not special damages and may be pleaded generally. Kubushefski v. Kleinot, 8 Pa. D. & C. 3d 599 (C.P. Philadelphia, 1978). 9. Conclusion oflaw, no response is required. If a response is required, Pa. RC.P. No. 1019(a) speaks for itself. Further, on the contrary, Pa. RC.P. No. 1019(a) requires that the material facts upon which a cause of action is based be set forth. However, there is no requirement that physical injuries be pled with particularity. Kubushefski v. Kleinot, 8 Pa. D. & C.3d 599, Court of Common Pleas of Philadelphia County, 1978. 10. Conclusion of law, no response is required. If a response is required, the case of Baker v. Rangos, 229 Pa.Super. 333, 324 A.2d 498 (1974), speaks for itself. 11. Conclusion oflaw, no response is required. 12. Conclusion of law, no response is required. If a response is required, the case of Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), speaks for itself. - 2 - 318517 WHEREFORE, Plaintiff, William F. Cleary, respectfully requests that this Honorable Court enter an Order dismissing moving Defendant's Preliminary Objections. II. PRELIMINARY OBJECTION, PURSUANT TO PA. R.C.P. NO. 1028 (a)(2), FAILURE OF A PLEADING TO CONFORM TO I..A W OR RULE OF COURT. 13. No response required. 14. Without admission, no response is required as the legal pleadings in this case speak for themselves. 15. Conclusion of law, no response is required. If a response is required, the case of Berger v. City of Williams port, 12 Pa. D. & C. 4th 397 (C.P. Lycoming, 1990), speaks for itself. 16. Conclusion of law, no response is required. If a response is required, the case of Warren v. Williams, 88 A.2d 406 (pa. 1952), speaks for itself. 17. Conclusion oflaw, no response is required. If a response is required, Pa. R.C.P. No. 1024 speaks for itself. 18. Conclusion oflaw, no response is required. If a response is required, Pa. RC.P. No. 1024 speaks for itself. 19. Conclusion of law, no response required. If a response is required, Plaintiff just underwent heart surgery and was unable to sign the Verification. Plaintiff intends to file a Praecipe to substitute Plaintiffs Verification for the Verification of the undersigned. 20. Conclusion oflaw, no response is required. If a rl~sponse is required, Pa. RC.P. No. 1024 speaks for itself. 21. Denied. On the contrary, Defendant sent a letter on November 22, 2004, to the Prothonotary enclosing a Praecipe for Rule to File Complaint, a c:opy of which is attached hereto as Exhibit "A". Therefore, due to Plaintiffs heart surgery and the Praecipe for Rule to File Complaint - 3 - 318517 received by the undersigned, the undersigned signed the Verification for the Complaint in order to comply with Defendant's Praecipe for Rule to File Complaint within the time prescribed by it. 22. Conclusion oflaw, no response is required. WHEREFORE, Plaintiff, William F. Cleary, respectfully requests this Honorable Court enter an Order dismissing Defendant's Preliminary Objections. METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By ~(Le ~__ An ew e. Spears" Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: \- ~-()~ - 4 - 318517 Exhibit A MARGOLIS EDELSTEIN PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA. PA 19106-3304 215-922-1100 FAX 215-922-1772 ATTORNEYS AT lAW DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 61 0-565-8311 FAX 610-565-8318 POST OFFICE BOX 932 HARRISBURG. PA 17108-0932 PITTSBURGH OFFICE 310 GRANT STREET THE GRANT BUilDING. SUITE 1500 PITTSBURGH, PA 15219 412-281-4256 FAX 412-642-2380 STREET ADDRESS: 3510 TRINDlE ROAD CAMP Hill, PA 17011 717-975-6114 FAX 717-975-8124 NEW JERSEY OFFICE P.O, BOX 2222 216 HADDON AVENUE WESTMONT. NJ 08108-2886 856-858-7200 FAX 856-858-1017 BERKELEY HEIGHTS OFFICE CONNEll CORPORATE CENTER III THREE OAK WAY BERKELEY HEIGHTS. NJ 07922 908-790-1401 FAX 908-790-1486 SCRANTON OFFICE THE OPPENHEIM BUilDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON. PA 18503 570-342-4231 FAX 570-342-4841 DELAWARE OFFICE 1509 GilPIN AVENUE WilMINGTON. DE 19806 WRITER: BARRY A. KRONTHAl DIRECT E-MAil: bkronthal@margolisedelstein.com DIRECT DIAL: 717-760-7503 November 22, 2004 Mr. Curt Long Cumberland County Prothonotary One Courthouse Square Carlisle, P A 17013-3387 Re: William Cleary v. Geraldine McElwee No. 04-4570 Our File No. 34025.4-00009 Dear Mr. Long: Enclosed please find the original and three (3) copies ofthe Praecipe for Rule to File Complaint to be signed, with regard to the above-referenced matter. Please return said copies in the enclosed envelope. After reviewing this letter and its enclosure, if you have any questions, please do not hesitate to contact me. BAK/cm Enclosure cc: Andrew Spears, Esquire M:lmdir\! Kemper\34025.4-00009\Corres\Prothollotary.1tr.11-22-04, wpd BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, P A 171 08-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant File#34025.4-00009 WILLIAM F. CLEARY Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. GERALDINE D. MCELWEE Defendant CNIL ACTION-LAW NO. 04-4570 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COr~PLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. DATE: 1130/CY ELSTEIN ONTRAL Attorney . . #55672 P,O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant TO THE PLAINTIFF: You are hereby ordered and directed to file your Compla.int against Defendants in the above-captioned matter within twenty (20) days of service ofthis Rule against you or suffer judgment non pros. DATE: Prothonotary, Cumberland County CERTIFICATE OF SERVIC:~ I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Plaintiff s Response to Defendant, Geraldine D. McElwee's Preliminary Objections with reference to the foregoing action by first class mail, postage prepaid, this :s- J.~ay of January, 2005, on the following: Barry A. Kronthal, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, P A 17108-0932 Q~~ Andrew C. Spears, sqUIre 318517 ,., ,-,-: s::" ~~~ o C~,. '::-:-..:. t--.' ("? ~~ o -n .~ X-n rl1~ ~b "" I ()o ;~ =li ';-M :~) ~,~~ ~~ <- :;:;;.lI' ;2':: I 0'1 -0 r:-.' w r" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE AS a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 is attached to the notice of intent to serve the subpoena. hich DATE: 03(28(2005 /~ DEll-551078 8379 - L 0 l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS A 'II) THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAXTER WELLMaN, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M.D. CHAMBERS BURG HOSPITAL CHAMBERSBURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpo,na identical to the one that is attached to this notice, You have twenty (2 ) days from the date listed below in which to file of record and serve UpOI the undersigned an objection to the subpoena. If the twenty day notice perio( is waived or if no objection is made, then the subpoena may be served. Comp ete copies of any reproduced records may be ordered at your expense by compl'ting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENIANT CC: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 9103 (215) 246-0900 DE02-294229 a 3 7 9 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY FileNo. vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Within twenly (20) days after service of this subpoena, you are ordered by the court to produce the fol owing documents or things: .... ATTA D RIDER .... at You may deliver or mail legible copies of the documents or produce things requested by this subpo na, together with the certificate of compliance, to the party making this request at the address listed above. You h ve 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 afte 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, ADDRESS: BARRY A, KRONTHAL. ESO. 3510 TRINDI,E ROAD CAMP HILL. PAl 7011 TELEPHONE: (215) 246-0900 SUPREME COURT 1D #: A TTORNEY FOR: Defendant Date: 'L'P " 870nS /.,'''0'' ~ 'cc. J!J';:l/2t:: :::{ ~ ~ I Deputy Seal of the Court 83793-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE. PA nOB RE: 83793 WILLIAM CLEARY Prior approval is required for fees in excess of $ I 00,00 for hospitals, $50,00 for all other providers. ALL RECORDS FROM 1/1/99 TO THE PRESENT Please call for prior approval for fees in excess of $ I 00.00 for hospitals, $50.00 for all other providers, Entire hospital medical billing 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, nurse's notes, doctor's comments. dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, 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: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 5U10-551678 8379 -LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE As a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009,22 MCS on behalf of BARRY A. KRONTHAL, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 hich is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 03/28/2005 BARRY A, KRONTHAL, ESQ. Attorney for DEFENDANT DEll-551079 8379 -L02 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS Al! D THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAXTER WELLMON, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M,D. CHAMBERS BURG HOSPITAL CHAMBERS BURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoe a 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. Compl te copies of any reproduced records may be ordered at your expense by comple ing the attached counsel card and returning same to MCS or by contacting our ocal MCS office. DATE: 03/08/2005 MCS on behalf of BARRY A. KRONTHAL, SQ. Attorney for DEFEND \NT CC: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET # 800 PHILADELPHIA, PA 1 103 (215) 246-0900 DE02-294229 a 3 7 9 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY FileNo. vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol owing documents or things: .... A TT ED DE .... at You may deliver or mail legible copies of the documents or produce things requested by this subpo na, together with the certificate of compliance, to the party making this request at the address listed ahove. You h ve 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 aft 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMP HII L PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant M.AR 2 8 2005 Date: (lb./) r L .;( I d...C>sS Seal of the Court 83793-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE, PA 170I3 RE: 83793 WILLIAM CLEARY 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: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 SU10-551680 83793-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE As a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 hich is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 03/28/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-551080 83793 -LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAXTER WELLMON, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M.D. CHAMBERS BURG HOSPITAL CHAMBERS BURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDI<:AL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoe a 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 upo the undersigned an objection to the subpoena. If the twenty day notice perio waived or if no objection is made, then the subpoena may be served. Comp copies of any reproduced records may be ordered at your expense by compl the attached counsel card and returning same to MCS or by contacting our MCS office. is ete ting local DATE: 03/08/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney far DE FE ANT CC: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 9103 (215) 246-0900 DE02-294229 8379 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY FileNo. vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Within twenty (20) days after service ofthis suhpoena, you are ordered by the court to produce the fo owmg documents or things: .... TTACHE DR.... at You may deliver or mail legihle copies of the documents or produce things requested by this subpo na, together with the certificate of compliance, to the party making this request at the address listed ahove. You h ve 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 aft r its service, the party serving this suhpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMP HILI. PA ]7011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: '''" 2 8 ono- ft ""t' LJ 'J ~ J. ~/Yi.\ I Seal of the Court 83793-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BAXTER WELLMON, D.O. 127 WALNUT BOTTON ROAD SHIPPENSBURG, PA 17257 RE: 83793 WILLIAM CLEARY 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: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 SU10-551682 83793 -LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE As a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 hich is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 03/28/2005 BARRY A. KRONTHAL, ~SQ. Attorney for DEFENDANT DEll-551081 83793-L04 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DO THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SAID CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAXTER WELLMON, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M.D. CHAMBERSBURG HOSPITAL CHAMBERS BURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, 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 UpOI the undersigned an objection to the subpoena. If the twenty day notice perioc is waived or if no objection is made, then the subpoena may be served. Comp ete copies of any reproduced records may be ordered at your expense b~ complEting the attached counsel card and returning same to MCS or by contact'ing our local MCS office. DATE: 03/08/2005 MCS on behalf of BARRY A. K~ONTHAL, ESQ. Attorney far DEFEmANT CC: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 9103 (215) 246-0900 DE02-294229 a 3 7 9 3 - C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY FileNo. 04-4 7 vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LE IN CI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol owing documents or things: .... E TA D RID .... at You may deliver or mail legible copies of the documents or produce things requested by this subpo na, together with the certificate of compliance, to the party making this request at the address listed above. You h ve 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 suhpoena within twenty (20) days aft r 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMP HILL PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TTORNEY FOR: Defendant Date: II"S 2 Il 7CO;; (1';i/J c.[, "d.. , 'MbS . Deputy Seal of the Court 83793-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE IMAGING ASSOCIATES P.O. BOX 382 HUNTINGDON, PA 16652 RE: 83793 WILLIAM CLEARY 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 treattnent pertaining to: Dates Requested: up to and including the present. Subject: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 SU10-551684 83793 - L 04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -vs- CASE NO: 04-4570 GERALDINE MCELWEE As a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 hich is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 03/28/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-551082 8379 -LO 5 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ANn THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAKTER WELLMON, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M.D. CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoe a 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. Compl te copies of any reproduced records may be ordered at your expense by comple ing the attached counsel card and returning same to MCS or by contacting our ocal MCS office. DATE: 03/08/2005 MCS on behalf of BARRY A. KRONTHAL, SQ. Attorney for DEFEND \NT CC: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 1 103 (215) 246-0900 DE02-294229 8379 -COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY FileNo. vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol wmg documents or things: .... E .... at You may deliver or mail legible copies of the documents or produce things requested hy this subpoe a, together with the certificate of compliance, to the party making this request at the address listed above. You h ve the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sougiht. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte 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: ADDRESS: BARRY A. KRONTHAL. ESO. 35] 0 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (2]5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: f'rZ JM1ri 2 8 2D05 ';lor ~ J.~)" I Seal of the Court 83793-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN P. BOEHMER, M.D. HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 83793 WILLIAM CLEARY Prior approval is required for fees in excess of $ I 00.00 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 penaining to: Dates Requested: up to and including the present. Subject: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 SU10-551686 83793-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -vs- CASE NO: 04-4570 GERALDINE MCELWEE As a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 hich is.attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 03/28/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-551083 83793-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PEAS WILLIAM CLEARY TERM, -vs- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAXTER WELLMON, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M.D. CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve a subpoe a 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 upo the undersigned an objection to the subpoena. If the twenty day notice perio is waived or if no objection is made, then the subpoena may be served. Compl te copies of any reproduced records may be ordered at your expense by compl ting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2005 MCS on behalf of BARRY A. K~ONTHAL, ESQ. Attorney for DE FE ANT CC: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 9103 (215) 246-0900 DE02-294229 a 3 7 9 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY File No. 4-4 vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol owing documents or things: .... EE HE DER .... at You may deliver or mail legible copies of the documents or produce things requested by this suhpo a, together with the certificate of compliance, to the party making this request at the address listed above. You h ve the right to seek, in advance, the reasonahle 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 afte 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINm ,E ROAD CAMP HILL PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ((l;J./l r /... -:J d~\ / i .",f,' ~.: 8 ~ ..~ Seal of the Court 83793-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL 112 NORTH SEVENTH ST. CHAMBERSBURG, PA 17201 RE: 83793 WILLIAM CLEARY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ALL RECORDS FROM 1/1/99 TO THE PRESENT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical billing 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, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, 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: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 SU10-551688 83793-L06 CERTI FICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON LEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE AS a prerequisite to service of a subpoena for documents and things purs ant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought t 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 hich is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 03/28/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-551084 83793-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PEAS WILLIAM CLEARY TERM, -VS- CASE NO: 04-4570 GERALDINE MCELWEE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMlBNTS THINGS FOR DISCOVERY PURSUANT TO RULE 4009_21 CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CNTR BAXTER WELLMON, D.O. CARLISLE IMAGING ASSOCIATES JOHN P. BOEHMER, M.D. CHAMBERS BURG HOSPITAL CHAMBERSBURG HOSPITAL MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: ANDREW SPEARS, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve ~ subpoe a 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 perio is waived or if no objection is made, then the subpoena may be served. Compl te copies of any reproduced records may be ordered at your expense hy comple ing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2005 MCS on beha'lf of BARRY A. K~ONTHAL, ESQ. Attorney for DE FE ANT ce: BARRY A. KRONTHAL, ESQ. - 340254-00009 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 9103 (215) 246-0900 DE02-294229 8379 -COJ.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM CLEARY FileNo. vs. GERALDINE MCELWEE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Within twenty (20) days after service ofthis suhpoena, you are ordered by the court to produce the fol owing documents or things: .... T HE ER .... at You may deliver Or mail legihle copies of the documents or produce things requested by this suhpo a, together with the certificate of compliance, to the party making this request at the address listed above. You h ve 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 afte its service, the party serving this suhpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMPHILI PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TTORNEY FOR: Defendant Date: i",- " S '70')'- f'1A~ ~ \; t ::l~5 Seal of the Court 83793-07 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL 1]2 NORTH SEVENTH ST. CHAMBERSBVRG, PA 17201 RE: 83793 WILLIAM CLEARY 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: WILLIAM CLEARY 49 FOX HILL ROAD, SHIPPENSBURG, PA 17257 Social Security #: 159-28-6610 Date of Birth: 09-20-1934 SU10-551690 837 3 -LO 7 --> , , , () -on ::;-J ~.l c:::.> \,) t."l ---------- Metzger, Wickersham, Knauss & Erb, P.c. By: Francis.l. LatTerty, IV, Esquire Attorney l.D. No. 87737 P.O. Box 5300 3211 North Front Street HalTisburg, P A 17110-0300 (717) 238-8187 ill({i)mwke.com Attomeys for Plaintiff WILLIAM F. CLEARY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION LA W NO. 04-4570 GERALDINE D. MCELWEE, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. RSHAM, KNAUSS & ERB, P.c. By Date: ;;J - 0 lo~ 0 L. F ncis J. Laf rty, I J.D. No. 840 9 32] I North Front Street P.O. Box 5300 HalTisburg, P A 17110-0300 (717) 238-8]87 Attomeys for Plaintiff _~47()47-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that 1 scrved a true and correct copy of a Praecipe to Settle. Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this 6111 day of February, 2006, on the following: BARRY A. KRONTHAL MARGOLIS EDELSTEIN 3510 TRINDLE ROAD CAMP HILL, PA 17011 ,;fIf fl 347047-1 e--" .~~ -;"1 f':"i 'CO ~?i .--\ ~t':.......(! :;"f:.:. ~n"I,;-::) - ,n .J..,