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Home My WebLink About04-5235 F,\FILESIDATAFILEIGeneral\Currentl I] 097.lcom]/ajt Created: 9/20/04 006PM Revised: ]0/14104 405PM ]\0971 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, 20 King Drive Carlisle, P A 17013, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs NO. 0/- SC).3~ tavJ CIVIL ACTION - LAW v. ROGER RICHWINE, 41 King Drive Carlisle, PA 17013, Defendant JURY TRIAL DEMANDED 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCE FEE OR NO FEE: Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone (717) 249-3166 Date: 10/14/04 MARTSOlEA~ORFF. ~rzLL MS & OTTO By \0<- k.~ Daniel . Deardorff, Esquir Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, 20 King Drive Carlisle, PA 17013, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 0'-/- 52.35 ~ /"".u.- CNIL ACTION - LAW v. ROGER RICHWINE, 41 King Drive Carlisle, PA 17013, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Dora Vogelsong, parent and natural guardian of Lucas Glinski, a minor, with a date of birth of March 25, 1997. 2. Plaintiffs reside at 20 King Drive, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Roger Richwine is an adult individual who resides at 41 King Drive, Carlisle, Cumberland County, Pennsylvania. 4. On September 24, 2003, at approximately 4:20 p.m., Defendant Richwine was operating his motor vehicle in a northerly direction on King Drive in the vicinity of Plaintiffs' residence. 5. At said time and place, Plaintiff, Lucas Glinkski, was riding his bike on King Drive. 6. At said time and place, Defendant's motor vehicle collided with Plaintiff, Lucas Glinski, causing him serious and permanent injuries. 7. Said collision was a result of the negligence and carelessness of Defendant in that he: a) did not drive at a reasonable rate of speed at the time; b) failed to drive at a speed at which he could stop in the assured clear distance ahead; c) failed to be attentive to road conditions near the point of collision; d) operated his vehicle so that he was unable to stop before he collided with Plaintiffs son; e) failed to keep a look out ahead as he was driving north on King Drive; and f) failed to be observant for children on said road when Defendant knew or should have known that there were children in the neighborhood who may be playing on said road. 8. As a result ofthe negligence and carelessness of Defendant, Plaintiff, Lucas Glinski suffered serious and permanent injuries in the nature of a fractured left leg, injury to his head and teeth, irijury to his chest and ribs, and injury to his back. 9. As a result of said injuries which were caused by the negligence and carelessness of Defendant, Plaintiff, Lucas Glinski, has undergone two surgeries on his left leg, received substantial medical care, taken numerous medications, was confined to a wheel chair, missed school, and he has and will suffer from future disability and impairment to potential earning capacity as well as experience pain and suffering and loss oflife's pleasures. 10. As a result of the negligence and carelessness of Defendant, medical bills have exceeded $35,000.00. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000.00, which amount exceeds the requirement for compulsory arbitration, plus costs and other relief as this Honorable Court deems just and reasonable. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By '!.m~ Kl-~~ 1. D. Number 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 10/14/04 Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penaltiw ~ lh ~ Mf V OgelSOn;r~are~atural Guardian of Lucas Glinski ~ 1 J if 1< ~ ~ .~ ~ G- 2.0 \ \./ ~ ~ '!\ \;\ ~ \". '", l\ '''' 1'.' l"\ ! \ '0 ~ ~ V\ '\ ~ ~ ~ ~ ~ ;... ~ ~ ~ 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, Roger Richwine File# LUCAS GLINSKI, a Minor, by DORA VOGELSONG, his parent and natural guardian COURT OF COMMON PLEAS CillvfBERLAND COUNTY Plaintiff NO. 04-5235 CIVIL ACTION-LAW vs. ROGER RICHWINE mR Y TRIAL DEMANDED Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Roger Richwine, with regard to the above-captioned matter. I am authorized to accept service on behalf of said entity. DATE: 1"/21#(0<( By: - CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~a day of Odv J"Xt 2004, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service hv First Class Mail, Postage Prepaid, Addressed as Follows: Dnaiel Deardorff, Esquire 10 East High Street Carlisle, P A 17013 MARGOLIS EDELSTEIN By: ~) /(': Q //'r---- - Carol Moose M :lmdir\! Kemper\34025.4-000! O\Pleadings\Entry of Appearance.! 0-25-04. wpd () ,...., (") c::> C <;:".:;:J -n ~~:- ..:::" 0 -:::5 ~~.'(t\ C'"") :L -p P1-'" ~ -0 fn .~-,,'" .' .c"'-~. ! ", :1)0 ('-' ,;>~ --",. \.D ,~:);. it: .-\ ..-> -Q ...--; ~?f 1 _.....,;- '"*11 f" J -' :1~: =.".(? ~;;1, 11 ~ .j .-1 , )=- ~ (1' .")J IJ.) . ",~...:. 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, Roger Richwine File# 34025.4-00010 LUCAS GLINSKI, a Minor, by DORA VOGELSONG, his parent and natural guardian COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff NO. 04-5235 CIVIL ACTION-LAW Ys. ROGER RICHWINE JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD To: Lucas Glinski, a Minor, by Dora V ogelson, his parent and natural guardian c/o Daniel Deardorff, Esquire 10 East High Street Carlisle, P A 17013 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, ROGER RICHWINE, within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: ~/(O lor IN By: Barry, :r ill No. 551) P.O. Box 932 Harrisburg, PA 17108-0932 717-975-8114 Attorney for Defendant BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court LD. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telepbone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkrontbal@margolisedelstein.com Attorneys for Defendant, Roger Ricbwine File#34025.4-00010 LUCAS GLINSKI, a Minor, by DORA VOGELSONG, his parent and natural guardian COURT OF COMMON PLEAS CCMBERLAND COUNTY Plaintiff NO. 04-5235 CIVIL ACTION-LAW vs. ROGER RICHWINE JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER OF DEFENDANT, ROGER RICHWINE. TO THE COMPLAINT OF PLAINTIFF, LUCAS GLINSKI, A MINOR. BY DORA VOGELSON. HIS PARENT AND NATURAL GUARDIAN AND NOW, comes Defendant, Roger Richwine ("Defendant"), by and through his counsel, Margolis Edelstein, and hereby files this Answer with New Matter to the Complaint of Plaintiff, Lucas Glinski, a Minor ("Minor"), by Dora V ogelson, his parent and natural guardian (collectively referred to as "Plaintiffs"), averring the following in support thereof: ANSWER I. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Minor was riding his bike. The remaining averments of this Paragraph are generally denied, pursuant to Pa. RC.P. No. l029(e). 6. Denied. The averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. Also, the averments of this Paragraph are generally denied, pursuant to Pa. R.C.P. No. l029(e). 7. Denied. The averments of this Paragraph state a conclusion oflaw to which no response is required and they are, therefore, denied. Also, the averments of this Paragraph are generally denied, pursuant to Pa. RC.P. No. 1029(e). 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the avennents of this Paragraph and they are, therefore, denied. Also, the averments of this Paragraph are generally denied, pursuant to Pa. RC.P. No. l029(e). 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the avennents of this Paragraph and they are, therefore, denied. Also, the averments of this Paragraph are generally denied, pursuant to Pa. RC.P. No. I029(e). 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. Also, the averments of this Paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). WHEREFORE, Defendant, Roger Richwine, respectfully requests that a Judgment be entered in his favor and against Plaintiff, Lucas Glinski, a Minor, by Dora V ogelson, his parent and natural guardian, with costs assessed to Plaintiff. NEW MATTER 11. The answers contained in Paragraphs 1 through 10 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 12. Plaintiffs claims, if any, are barred by the applicable statute of limitations. 13. The subject collision and Plaintiff's alleged damages and/or injuries, if any, were solely, directly and proximately caused by Plaintiffs' own negligent, reckless, and/or careless conduct. 14. Plaintiffs' claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 15. Plaintiffs have failed to state a claim upon which relief can be granted. 16. Plaintiffs' claims, if any, are barred by his failure to mitigate his damages. 17. At all times relevant hereto, Defendant was responding appropriately under the circumstances then existing to a sudden emergency. 18. Plaintiffs are precluded from pleading, introducing into evidence, or recovering any and all monies payable as "required benefits" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984,75 Pa. Cons. Stat. 1)1701 et~. 19. Plaintiffs' claims, if any, are governed by the tort sele,~tion. 20. Plaintiffs' alleged damages, if any, were caused by the negligent, reckless, careless, and willful conduct of others over whom Defendant had no control, for whom he is not legally or otherwise responsible. WHEREFORE, Defendant, Roger Richwine, respectfully requests that a Judgment be entered in his favor and against Plaintiff, Lucas Glinski, a Minor, by Dora V ogelson, his parent and natural guardian, with costs assessed to Plaintiff. MARGOLIS LSTEIN DATE: ~/ 10/0 S; - - By: <3l Ba nthal, EsqUire Atto e o. 55672 3510 Trindle Road Camp Hill, P A 17011 717-975-8114 VERIFICATION I, Roger Richwine, state that I have read the foregoing Answer with New Matter, and that 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.A. ij 4904, relating to unsworn falsification to authorities. Date: II J/~~V I ...... ~.... '~~_.. ..> ///"/' ~ . Ie:::. ... :.--=--- Og~ine Glinski v, Richwil\e CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this J!J.~ day of 07 /1A.aJ ~of served a true and correct copy of the foregoing Answer with New Matter upon the person(s) and in the manner indicated below: Service bv First Class Mail. Postafle Prepaid. Addressed as Follows: Daniel Deardorff, Esquire 10 East High Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: C-/C(C1J-__ Carol Moose M:\mdirll Kemper\34025.4-00010\PJeadingsIAnswer with New Matter, 11-3-04.wpd -"I ~ '" ~0 ~0 -'r"' ::.-, ~ <f' .... ~ - V"\ ~ --- .- "". r .,. - F\FILES\DA T AFltE\Gencral\Currcnt\! 1097, lansl/ajt Created: 2!25i05 8l'lAM Rev;.,ed, 2/25/05 832AM 11097.1 Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5235 CIVIL ACTION - LAW v. ROGER RICHWINE, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT TO: ROGER RICHWINE, Defendant, and his attorney, BARRY A. KRONTHAL, ESQUIRE 11. In reply to this averment, Plaintiff incorporates by reference paragraphs] through 10 of his Complaint. 12. It is denied that saidc1aims are barred by the applicable statue oflimitations. Plaintiff is only 7 years old at the present time. 13-14. It is denied that Plaintiffwas negligent. At the time ofthe accident, Plaintiffwas only 6 years old ,md incapable of negligent, reckless or careless conduct. 15-20. Conclusions oflaw are averred to which no reply is necessary. If a reply is necessary, said averments are denied and proof thereof is demanded. WHEREFORE, Plaintiffs demands judgment in their favor against Defendant. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO Date: iY\~n ~ wr:r~ By Daniel K. Deardorff, Esquire J. D. Number 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs VERIFICATION The foregoing Reply to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penaltie Dora Vogelsong, Pare of Lucas Glinski I Guardian CERTIFICATE OF SERVICE I, Ami 1. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Bany A. Kronthal, Esquire MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, P A 17108-0932 MARTS ON DEARDORFF WILLIAMS & OTTO ~d~'IV~~IJt()J ~iJ.T mav Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated:-- rnct~ ~ 2iJV<:" , ,~~ \;, C,) - SHERIFF'S RETURN - REGULAR CASE NO: 2004-05235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLINSKI LUCAS BY DORA VOGELSON VS RICHWINE ROGER TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICHWINE ROGER the DEFENDANT , at 1335:00 HOURS, on the 22nd day of October ,2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ROGER RICHWINE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 r~~4!.~~ R. Thomas Kline Sworn and Subscribed to before 10/22/2004 MDW&O By, ~~ I{;r Deputy S eriff me this 5"t:- day of C~DV6 A.D. , C} 'rndo~ I rothonotary ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-52J5 RICHWINE AS a prerequisite to service of a subpoena for documents and thi gs pursuant 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 attached thereto was mailed or delivered to each party twenty days prior to the date on which the subpoena is served, the subpoena t least ought to be (2) A copy of the notice of intent, including the proposed ubpoena, is attached to this certificate, (J) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the s bpoena which is attached to the notice of intent to serve the subpoe a. DATE: 03/30/2005 10 DEll-55l595 84372-LOl , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF !COMMON PLEAS , LUCAS GLINSKI TERM, i -VS- CASE NO: !04 -523 5 i RICHWINE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DO THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2 HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER MEDICAL RECORDS X-RAY ONLY TO: DANIEL K. DEARDORFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve identical to the one that is attached to this notice. You have t days from the date listed below in which to file of record and s undersigned an objection to the subpoena. If the twenty day noti waived or if no objection is made, then the subpoena may be serv copies of any reproduced records may be ordered at your expense the attached counsel card and returning same to MCS or by contac MCS office. DATE: 03/10/2005 S AND a subpoena enty (20) rve upon the e period is d. Complete y completing ing our local MCS on beh If of BARRY A. K ONTHAL, ESQ. Attorney f r DEFENDANT CC: BARRY A. KRONTHAL, ESQ. THE MCS GR UP INC. 1601 MARKE STREET #800 PHILADELPH A, PA 19103 (215) 246- 900 Any questions regarding this matter, contact DE02-294520 I I b4372-COl , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 045235 Ys. RICHWINE 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 prod ce the following documents or things: .... EE A H RIDE .... at You may deliver or mail legible copies of the documents or produce things requested by is subpoena, together with the certificate of compliance, to the party making this request at the address listed abo e. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sou ht. If you fail to produce the documents or things required by this subpoena within twenty (20 days after its service, the p~rty 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 HILI. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: _J'YlCJ/1 ;L "f,' i;'x) 5 Seal of the Court 84372-01 , EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 84372 LUCAS GLINSKI (A MINOR) Prior approval is required for fees in excess of $100.00 for hospitals. $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: LUCAS GLINSKI (A MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SU10-552188 84372-LOl , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF iCOMMON PLEAS I ! LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE As a prerequisite to service of a subpoena for documents and thi gs pursuant 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 attached thereto was mailed or delivered to each party twenty days prior to the date on which the subpoena is served, the subpoena t least ought to be (2) A copy of the notice of intent, including the proposed ubpoena, 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 s bpoena which is attached to the notice of intent to serve the subpoe a. MCS on behalf of DATE: 03/30/2005 BARRY A. KRONTHAL, SQ. Attorney for DEFEND NT DEll-551596 64372-L02 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF OMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 4-5235 RICHWINE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DO THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2 SAND HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER MEDICAL RECORDS X-RAY ONLY TO: DANIEL K. DEARDORFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. intends to serve subpoena identical to the one that is attached to this notice. You have tw nty (20) days from the date listed below in which to file of record and se ve upon the undersigned an objection to the subpoena. If the twenty day notic period is waived or if no objection is made, then the subpoena may be serve~. Complete 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'ng our local MCS office. DATE: 03/10/2005 MCS on beha f of BARRY A. KRJNTHAL, ESQ. Attorney fo' DEFENDANT CC: BARRY A. KRONTHAL, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKE" STREET #800 PHILADELPH~A, PA 19103 (215) 246-01900 DE02-294520 $4372-COl , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-52f5 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THI GS FOR DISCOVERY PURSUANT TO RULE 4009. 2 TO: Custodian of Records for Within twenty (20) days after service of this subpoena, you are ordered by the court t produce the following documents or things: .... EAT H DE.... at The MCS Group Inc 160] Market Street Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things request d by this subpoena, together with the certificate of compliance, to the party making this request at the address list d above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the thin s sought. If you fail to produce the documents or things required by this subpoena within twe ty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply wi it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PE SON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMPHILL.PA 1701] TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THE COURT: Date: Prothonotary/Clerk Civil Division , i I I Deputy I Seal of the Court 84372-02 , EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 84372 LUCAS GLINSKI (A MINOR) Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDE DIAGNOSTIC FILM 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: LUCAS GLINSKI (A MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SU10-552190 '84372 - L 02 <, ~, ~--' ....;..~ () .-,' ..A ---.~ --,- ,'~-\ ' . .' ~~~, c.,') ;:) (.:) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2:2 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE As a prerequisite to service of a subpoena for documents and things pursuant 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 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: 06/21/2005 (~(Z BARRY Attorn behalf of ~ ~/ .J'. ez.. ~~ KRONTHAL, ESQ. for DEFENDANT (~ DEll-568157 84372 - L 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04 -523 5 RICHWINE 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: DANIEL K. DEARDORFF, 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 upon the undersigned an obj ection to the subpoena. If the tw'enty 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: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-302571 84372-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULiE 4009.22 TO: Custodian of Records for WEST SHORE EMERGENCY MED SERVo (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 A TT ACHED RIDER **** at The MCS Group 10e 1601 Market Street Suite 800 Phi]ade]ohia PA 191m . . 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDI.E ROAD CAMP HILI. PA ]701] TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: PrOth~dCler . il ivision JUN S 1 2005 Date: ...JLc.O€. .? JNh.<i r Deputy Seal of the Court 84372-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE EMERGENCY MED SERVo 205 GRAND VIEW AVE. CAMP HILL, PA I70Il RE: 84372 LUCAS M. GLINSKI (MINOR) Prior approval is required for fees in excess of $ roO. 00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS Subject: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SUlO-567348 84372-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE AS a prerequisite to service of a subpoena for documents and things pursuant 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 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: 06/2 1/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-568158 84372-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS - CASE NO: 04-5235 RICHWINE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOC1JMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: DANIEL K. DEARDORFF, 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 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 )'our expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET H800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-302571 84372 -CO 1. >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED WEST SHORE EMERGENCY MED SERVo PINNACLE HEALTH HOSPITALS PINNACLE HEALTH HOSPITALS THOMAS KUNKLE, D.O. KREAMER MEDICAL CARISLE REG. MEDICAL CENTER WILLIAM J. PHELAN, M.D. OTHER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-302571 B4372-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULlI': 4009.22 TO: Custodian of Records for PINNACLE HEALTH HOSPITALS (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 A TT ACHED RIDER **** at The MCS Groun 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMP HILL PA 17011 TELEPHONE: (2] 5) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: JUN 2 1 2005 \. J,.. \~ .7 :2~<:; . Deputy Seal of the Court 84372-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH HOSPITALS 2601 NORTH 3RD STREET HARRISBURG" PA 17110 RE: 84372 LUCAS M. GLINSKI (MINOR) 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, ml~dicationl 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: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SUIO-567350 84372-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAI" 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: 06/21/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-568159 84372-LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE 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: DANIEL K. DEARDORFF, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. int,~nds to serve a subpoena identical to the one that is attached to this notic'~. 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 wai ved or if no obj ection 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: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 m:02-302571 843 72 - C 0 ~ LOCATION NAME >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED WEST SHORE EMERGENCY MED SERVo PINNACLE HEALTH HOSPITALS PINNACLE HEALTH HOSPITALS THOMAS KUNKLE, D.O. KREAMER MEDICAL CARISLE REG. MEDICAL CENTER WILLIAM J. PHELAN, M.D. OTHER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-302571 84372-COJ.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULlI': 4009.22 TO: Custodian of Records for PINNACLE HEALTH HOSPITALS (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 A TT ACHED RIDER **** at The MCS Groun Inc 1601 Market Street Suite 800 Philadelnhia P A ] 91 03 . . 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 FOLLOW1NG PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMPHII.I..PA ]70]1 TELEPHONE: (2] 5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Division Date: JUN 2 1 2005 -J/~. '1" .? .J^^-" I Deputy Seal of the Court 84372-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH HOSPITALS 2601 NORTH 3RD STREET HARRISBURG" PA 17110 RE: 84372 LUCAS M. GLINSKI (MINOR) 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: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SUIo-567352 84372-LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04 -523 5 RICHWINE As a prerequisite to service of a subpoena for documents and things pursuant 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 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: 06/21/2005 BARRY A.. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-56816o 84372 - L 06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -vs - CASE NO: 04-5235 RICHWINE 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: DANIEL K. DEARDORFF, 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 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: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (2lS) 246-0900 DE0.2-302571 84372-COl DE02-302571 84372-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for THOMAS KUNKI ,F, DO (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 A TT ACHED RIDER *..* at The MCS Groun Inc 1601 Markel 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 FOLLOWTI'lG PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMPHILL.PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ProQ~1. ivision Date: ___L . ~~N ~1 Z~~S- . Deputy Seal of the Court 84372-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THOMAS KUNKLE, D.O. 500 BRANDT A VENUE NEW CUMBERLAND, PA 17070 RE: 84372 LUCAS M. GLINSKI (MINOR) 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 ,md/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: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SUlo-56735484372-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE AS a prerequisite to service of a subpoena for documents and things pursuant 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 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: 06/21/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT D1l11-568161 84372 - L 07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE 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: DANIEL K. DEARDORFF, 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 upon the undersigned an objection to the subpoena. If the tWE,nty 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: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-302571 84372-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED WEST SHORE EMERGENCY MED SERVo PINNACLE HEALTH HOSPITALS PINNACLE HEALTH HOSPITALS THOMAS KUNKLE, D.O. KREAMER MEDICAL CARISLE REG. MEDICAL CENTER WILLIAM J. PHELAN, M.D. OTHER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS " XRAYS MEDICAL RECORDS .. XRAYS MEDICAL RECORDS I, XRAYS MEDICAL RECORDS I, XRAYS DE02-302571 84372-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUL.1i: 4009.22 TO: Custodian of Records for KREAMER MEDICAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by th(: court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group In" 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 !he 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 tile things sought. If you fail to produce !he 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 FOLLOWll-<G PERSON: NAME: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDLE ROAD CAMP HILL PA 170ll TELEPHONE: (2]5) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THE COURT: /l ~ICI Date: _)u ^;~N ~ 110~..~ I Deputy Seal of !he Court 84372-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KREAMER MEDICAL 19 SOUTH MARKET STREET ELIZABETHTOWN, PA 170222303 RE: 84372 LUCAS M. GLINSKI (MINOR) 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: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SU10-56735684372-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE As a prerequisite to service of a subpoena for documents and things pursuant 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 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: 06/21/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-568162 84372 -LO 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS - CASE NO: 04-5235 RICHWINE 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: DANIEL K. DEARDORFF, 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 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: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DB02-302571 84372-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED WEST SHORE EMERGENCY MED SERVo PINNACLE HEALTH HOSPITALS PINNACLE HEALTH HOSPITALS THOMAS KUNKLE, D.O. KREAMER MEDICAL CARISLE REG. MEDICAL CENTER WILLIAM J. PHELAN, M.D. OTHER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS <, XRAYS MEDICAL RECORDS <, XRAYS MEDICAL RECORDS <, XRAYS MEDICAL RECORDS <, XRAYS DE02-302571 84372-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.22 TO: Custodian of Records for CARISI.E REG MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Group Inc 160] 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: ADDRESS: BARRY A. KRONTHAL. ESO. 3510 TRINDI.E ROAD CAMPHII.L PA ]70]] TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY :?Z~)UR Pro notary/C , Ivil D' ision Date: .J11 AJ~~ 2 .12~(;}~ , Deputy Seal of the Court 84372-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARISLE REG. MEDICAL CENTER 246 PARKER STREET CARISLE, PA RE: 84372 LUCAS M. GLINSKI (MINOR) 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 p<ertaining to: Dates Requested: up to and including the present. Subject: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SUlO-56735884372-L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS- CASE NO: 04-5235 RICHWINE AS a prerequisite to service of a subpoena for documents and things pursuant 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 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: 06/21/2005 BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT DEll-568163 84372-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LUCAS GLINSKI TERM, -VS - CASE NO: 04 -523 5 RICHWINE 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: DANIEL K. DEARDORFF, 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 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: 06/01/2005 MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT CC: BARRY A. KRONTHAL, ESQ. - 34025.4-00010 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D1W2-302571 84372-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED WEST SHORE EMERGENCY MED SERVo PINNACLE HEALTH HOSPITALS PINNACLE HEALTH HOSPITALS THOMAS KUNKLE, D.O. KREAMER MEDICAL CARISLE REG. MEDICAL CENTER WILLIAM J. PHELAN, M.D. OTHER MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS " XRAYS MEDICAL RECORDS !~ XRAYS MEDICAL RECORDS !~ XRAYS MEDICAL RECORDS !~ XRAYS DE02-302571 84372-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCAS GLINSKI FileNo. 04-5235 vs. RICHWINE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULli: 4009.22 TO: Custodian of Records for WILLIAM J PHELAN 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 A TT ACHED RIDER **** at The MCS Group Inc 160] Market Street Suite ROO Philadelphia PA ]9103 . . 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: ADDRESS: BARRY A. KRONTHAL. ESO. 35]0 TRlNDLE ROAD CAMP HIT.r. P A ] 70]] TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: '- Ju :~~ 2 liO~ . Deputy Seal of the Court 84372-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. PHELAN, M.D. TWO TYLER COURT CARLISLE, PA 17013 RE: 84372 LUCAS M. GLINSKI (MINOR) 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 su,ch 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 incllldl!tg the present. Subject: LUCAS M. GLINSKI (MINOR) 20 KING DRIVE, CARLISLE, PA 17013 Date of Birth: 03-25-1997 SUlO-567360 84372-L09 n ...., c - c.;, 0 C;;:J ......' -'1 ~- ::;1 ,-' n~ c ('.' .;;;.-- - -.: :--") f':; ".~ =< -I t- ., ~ hJ .< Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5235 CIVIL ACTION - LAW v. ROGER RICHWINE, Defendant JURY TRIAL DEMANDED PETITION TO APPROVE MINOR'S COMPROMISE AND NOW, comes the Petitioner, Dora Vogelsong on behalf of Lucas Glinski and files this Petition to Approve Minor's Compromise and in support thereof, avers as follows: 1. Petitioner Dora Vogelsong is the mother and legal guardian of Minor Plaintiff Lucas Glinski born on March 25, 1997. Petitioner resides at 20 King Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent Kemper Insurance Company is an insurance company licensed to do business in Pennsylvania which has liability insurance for Defendant in the amount of$50,000.00. 3. Respondent Allstate Insurance Company is the UIM carrier for Dora Vogelsong with limits of $30,000.00. 4. On or about September 24,2003, and up to the present, Minor Plaintiff Lucas Glinski has resided with Dora Vogelsong. 5. Minor Plaintiff Lucas Glinski suffered injuries as a result of an accident that occurred on September 24,2003, when he was hit by Defendant Richwine's automobile. 6. At the time ofthe accident, Defendant Richwine was insured by Kemper with a policy limit of$50,000.00 per accident, and Dora Vogelsong had UIM benefits of$30,000.00 with Allstate. 7. At the time of the accident, Minor Plaintiff sustained various injuries to his left leg and other parts of his body. 8. Minor Plaintiff was transported to Hershey Medical Center for treatment. 9. Minor Plaintiff had first party medical coverage, which has paid all the medical bills and no request for subrogation has been made or is authorized. 10. Minor Plaintiffhas made a good recovery and was actively participating in sports and other school activities within six months of the accident. 11. The parties have agreed to settle Minor Plaintiffs claim for $35,000.00; $20,000.00 from Kemper and $15,000.00 from Allstate based on this being a close question ofliability in that Minor Plaintiff rode his bicycle into the path of Defendant Richwine's motor vehicle, and there being no evidence of speeding. 12. Pursuantto Pa. R.C.P. No. 2039 (b)(3), Petitioner Dora Vogelsong feels it is in Minor Plaintiffs best interest to place said $15,000.00 from Allstate in a. structured settlement, with an A+ rated life insurance company, which will generate lump sum payments to Minor Plaintiff of: Guaranteed Lump Swns: $5,000.00 at age 18 (3/25/15) $7,500.00 at age 21 (3/25/18) $15,925.00 at age 25 (3/25/22) Total Cost $15,000.00 Total Payout: $28,425.00 13. Petitioner respectfully requests that the remaining $20,000.00 from Kemper be used to pay attorney's fees of $7,000.00 plus costs of$472.05, with the: balance of$12,527.95 to be paid for the benefit of minor Plaintiff to his natural, guardian Dora Vogelsong, pursuant to Pa. R.C.P. 2039 (b)(l). 14. In the alternative, the remaining $12,527.95 shall be deposited into a savings account or Certificate of Deposit in a bank which is insured by a federal governmental agency with a provision that no withdrawal can be made from any such account until the minor attains majority, except as authorized by a prior Order of Court. Proof of the deposit shall be promptly filed of record. 15. The attorney itemization of costs and of time spent on the case will be presented at the time of the hearing. WHEREFORE, Petitioners respectfully request this Court to approve the foregoing compromise on behalf of Minor Plaintiff Lucas Glinski. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO ByG)Jf. (~ Daniel K. Deardorff, Esquire 10 East High Stre:et Carlisle, P A 17013 (717) 243-3341 Date: September 2, 2005 Attorneys for Petitioner and Plaintiff Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5235 CNIL ACTION - LAW v. ROGER RICHWINE, Defendant JURY TRIAL DEMANDED CONSENT OF PETITIONER AND LEGAL GUARDIAN The undersigned, Dora Vogelsong, Petitioner in the above-captioned action and parent of Lucas Glinski, a minor, has read the foregoing Petition to Approve Minor's Compromise and have reviewed the terms of said Petition and settlement and hereby consent to the Petition and agree to said settlement. VERIFICATION The foregoing Petition to Approve Minor's Settlement is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FlLESIDAT AFILE\General\CunentlI1097. Lpet\ CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Approve Minor's Settlement was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: ShaUll J. Mumford, Esquire MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, P A 17108-0932 Mr. Timothy Shaffer ALLSTATE INSURANCE COMPANY Market Claim Office 6345 Flank Drive, Suite 1000 Harrisburg, P A 17112-2765 MARTS ON DEARDORFF WILLIAMS & OTTO ,~(l By Ami J. Thurn a Legal Assistant to Daniel K. Deardorff, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 2, 2005 o I.. ...., .= =, en V) ~':J o " -< -,- riifQ f'n Ci '~I . :t~ ~'"~ . 'jt \1 :<,.~ ~b -< ~ ::r SO w = Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs NO. 04-5235 CIVIL ACTION - LAW v. ROGER RICHWINE, Defendant JURY TRIAL DEMANDED ORDER (ALTERNATE) ANDNOW,this r dayof 7;e.4,..../ ,2005, upon consideration ofthe attached Petition to Approve Minor's Compromise, said Petition is granted and Respondents are ordered: (a) to place $15,000.00 from Allstate in a structured settlement with an A+ rated life insurance company, which will generate lump sum payments to Minor Plaintiff of: Guaranteed Lump Sums: $5,000.00 at age 18 (3/25/15) $7,500.00 at age 21 (3/25/18) $15,925.00 at age 25 (3/25/22) Total Cost $15,000.00 Total Payout: $28,425.00 (b) to pay the remaining $20,000.00 from Kemper for attorney's fees of$7,000.00 plus costs of$472.05, with the balance of$12,527.95 to be deposited into a savings account or Certificate of Deposit in a bank which is insured by a federal govemmental agency with a provision that no withdrawal can be made from any such account until the minor attains majority, except as authorized by a prior Order of Court. Proof of deposit shall be promptly filed of record. Petitioner Dora Vogelsong is further ordered to sign a General Release in favor of Respondents on behalf of Minor Plaintiff Lucas Glinski. BY THE COURT -A-4. J. o I-.LU)CiTiCE: OF THE 2DG5 SU -8 PJ-l 3: 2li CI" Ui-'i:' ~.,t'[,JrY Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs NO. 04-5235 CNIL ACTION - LAW v. ROGER RICHWINE, Defendant PETITION TO MODIFY ORDER APPROVING SETTLEMENT 1. Petitioner is Dora Vogelsong, who is the mother of Plaintiff Lucas Glinski. 2. There are no Respondents because this matter has been settled with Court Approval by Judge Hess being granted on September 8, 2005. (See Attachment "A"). 3. In said Court Approval, the Court has allowed a withdrawal of funds from the settlement amount provided the Court has approved the withdrawal. 4. Petitioner would like to withdraw $2,000.00 from said settlement amount to purchase a farm tractor, which is desired by her son, Plaintiff Lucas Glinski. WHEREFORE, Petitioner requests a hearing to consider this request. Respectfully Submitted, MART ON DEARDO F WILLIAMS & OTTO By Daniel . Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 27,2005 Attorneys for Petitioner and Plaintiff Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILUAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5235 CIVIL ACTION - LAW v. ROGER RlCHWINE, Defendant JURY TRIAL DEMANDED ORDER (ALTERNATE) AND NOW, this Q1b. day of r;;;1iphmJW, 2005, upon consideration of the attached Petition to Approve Minor's Compromise, said Petition is granted and Respondents are ordered: (a) to place $15,000.00 from Allstate in a structured settlement with an A+ rated life insurance company, which will generate lump sum payments to Minor Plaintiff of: Guaranteed Lump Sums: $5,000.00 at age 18 (3/25/15) $7,500.00 at age 21 (3/25/18) $15,925.00 at age 25 (3/25/22) Total Cost $15,000,00 Total Payout: $28,425.00 (b) to pay the remaining $20,000.00 from Kemper for attorney's fees of$7,000.00 plus costs of$472.05, with the balance of$12,527.95 to be deposited into a savings account or Certificate of Deposit in a bank which is insured by a federal governmental agency with a provision that no withdrawal can be made from any such account until the minor attains majority, except as authorized by a prior Order of Court. Proof of deposit shall be promptly filed of record. Petitioner Dora V ogelsong is further ordered to sign a General Release in favor of Respondents on behalf of Minor Plaintiff Lucas Glinski. '~,~ t::.:. ", d,,/'r~' , ~..,;, ".,.,<-" ~u2t~L_ Prott> J. ATTACHMENT "A" VERIFICATION Daniel K. Deardorff, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Petitioner and Plaintiff in the within action, certifies that the statements made in the foregoing Petition to Modify Order Approving Settlement are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. k. Daniel K. DeardorfI, Esquire Date: September 27,2005 S~~': ="l -< ....., = = "'" V> rrl -0 1'.' -' ~ '1.." {11.F":' -ocq ~f)~r '-=~ ~,} T~l '."2;:") '::--rr'1 U -.-\ ~,::>" <J:) '-< "'" =a: "-.9 N (.11 T.";\FILES\DA TAFILE\General\Currem\II0971_pet2lajt Created 9126/054:13PM Revised 9126/054:47PM 110971 to r.- ., ~t n :'1' , n . / ~ t :,,:1< ptf"" Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5235 CIVIL ACTION - LAW v. ROGER RICHWINE, Defendant ORDER AND NOW, this /~ day of (JJ~ AJ , 2005, a hearing is hereby set to consider the Petition to Modify Order Approving Settlement. The hearing will be held before The Honorable Kevin Hess on 'I L~ J'( ,2005, at I: 30 ..-./p.m. BY THE COURT, 4d J. S I :8 H1 ~! tJO SuOZ AI:IV10.F.ii ,..)].1 3'-11 :10 3JL:\-:~f)-.G:nH LUCAS GLINSKI, A Minor By DORA VOGELSONG, His Parent and Natural Guardian, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BO. 04-5235 CIVIL vs. ROGER RICHWINE, Defendant IN RE: PETITION TO MODIFY ORDER APPROVING SETTLEMENT ORDER AND NOW, this I ~. day of November, 2005, the guardian's petition to modify order approving settlement is DENIED. BY THE COURT, A-J- :rlm '_.:;':8 6'~ .r..l 1..1'1 0 I '1'\ "0/ . I "'i ,"'., :'.1. ','" ~ili\ ~. .I '.,) .{) ; -i ti _ '~_"'~'" f,t.vL" ':~I ( JHl ;10 :,:\:'}-(]_~Jl!::! \ F\F1LES\DA T AF1LE\GeneraJICun'ent\II097 I prallajt Created 9/26/058:45AM Revised W261058:50AM 110971 Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLA]\,'I) COUNTY, PENNSYLVANIA Plaintiffs NO. 04-5235 CIVIL ACTION - LAW v. ROGER RICHWINE, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended, now that the Petition to Approve Minor's Compromise has been granted by the Court. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO ~ 1 By Danie . Deardorff, Esquir J. D. Number 17837 10 East High Street Carlisle, P A 17OJ3 (717) 243-3341 Date: September 26, 2005 Attorneys for Plaintiffs .- \ CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this J2L day of NiJ\{~, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Daniel Deardorff, Esq uire 10 East High Street Carlisle, P A ] 70 13 Service hv First Class Mail. Postaf!e Prepaid. Addressed as Follows: MARGOLIS EDELSTEIN By: CifitL- Carol Moose M:\llldir\.l Kcmpcr\34025.4-00010\Pleadings\Elllry of Appcanmce.lO-25-04.wpd ~. '. , (,:\ \-") -'1-' .-, T ,n 1",,) (.) c :'~," (:':-.J L-=~ C-I . F \FILES\DATAFlLEIGencral\Curremll 1097 l.pra2/ajl Created 12/13105 }02PM Revised: 12/]4/05 903AM ]1097] Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs LUCAS GLINSKI, a Minor, by DORA VOGELSONG, His Parent and Natural Guardian, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5235 CIVIL ACTION - LAW v. ROGER RICHWINE, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file the attached Certificate of Deposit consistent with Judge Hess's Order of September 8, 2005, showing that $12,527.95 has been deposited into Certificates of Deposit in Manufacturers and Traders Trust Company with the restriction that no withdrawals shall be made until March 25, 2015, when minor Plaintiffbecomes 18 years of ag<:. Said proof of deposit with the above restriction for each Certificate of Deposit is attached hereto. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By CP~jV. ~ Daniel K. Deardorff, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 13, 2005 Attorneys for Plainti ffs > ~M&TBank ~,\lrufa\::L...recs ar,j ~'c:0U:, '"fl.::::: ,::'\:r'"'C,](~~, PC e.:x :::2C, '::::.Jr:,s,e, PA, 17'C13 ~ I I I )0 MANUFACTURERS AND TRADERS TRUST COMPANY ~ ~ I ... CERTIFICATE OF DEPOSIT ... DATE: OFFICE: 12/12/2005 High Street Carlisle Office LUCAS GLINSKI, MINOR DORA G VOGELSONG, GUARDIAN SURROGATE COURT CLERK 20 KING DR CARLISLE PA 17013 ACCOUNT NUMBER: OPENING DEPOSIT: ACCOUNT TERM: INTEREST RATE: ANNUAL PERCENTAGE YIELD: MATURITY DATE: 31003913025663 $4.527.95 12 Months 4.16% 4.25% 12/12/2006 Thank you for choosing M&T Bank. .- NOT TRANSFERABLE (AS DEFINED IN 12 CFR .204) - - NON-NEGOTIABLE - ~lember FDIC ,<0 eX r ,---v' " .~.:r-J "-./L:<.:. !,~ .~ i~ . DEe-Il-l005 04:13PM FROM-M , T BANK RSMU ACTION INQ PROD CODE CDA CLASS: 1 (1, 2 , 3 ) co _ RSH0 3 FSS 96 OP EBRN COlD ACCT 31003913025663 TYPE: 13 sea +7171404m T-831 P 003/003 F-947 RST HARD HOLD INQ/MAINT 05112/12 15.18.41 MS 46677 DNLY ONE ITEM FOUND FOR SEARCH 1 SHORT NAME CURRENCY GLINSKI LUCAS TYPE CODE... . . . . . . . . REASON CODE... ...... DATE PLACED............ DATE EXPIRES...... ..... STATUS CODE..... .... ... 105/12/12 999/99/99 1 SPECIAL COMMENTS LINE 1 LINE 2 RESTRAINT REASON LINE 1 LINE 2 NO W/DRAWALS UNTIL 3/,25/2015 PER COURT ORDER #04-5235 YSHUGHART #4319 240-4536 STATUS CODe VALUES : 1 ~ ACTIVE A ~ ACTIVE PAID 2 ~ DELETE B ~ DELETE PAID PF: 2-CONT 4-CHG 5-FAD 6-INa 9-NXT -DEL -ADD ~M&rBank r\b,flcture's d."C ~r,'.iCfr:2 -rV-1 <::..::r--C.1n1, ,cC E.:x 2:?C Car;se, PA ;:-'C~3 '~~---c ! (U "" ~ 0\ MANUFACTURERS AND TRADERS TRUST COMPANY ... CERTIFICATE OF DEPOSIT ... DATE: OFFICE: 12/12/2005 High Street Carlisle Office LUCAS GLINSKI. MINOR DORA G VOGELSONG, GUARDIAN SURROGATE COURT CLERK 20 KING OR CARLISLE PA 17013 ACCOUNT NUMBER: OPENING DEPOSIT: ACCOUNT TERM: INTEREST RATE: ANNUAL PERCENTAGE YIELD: MATURITY DATE: 31003913463285 $8.000.00 60 Manltls 4.88% 5.00% 12/12/2010 - Thank you for choosing M&T Bank. NOT TRANSFERABLE (AS DEFINED IN 12 CFR 204) - - NON-NEGOTIABLE Ii I I Member FDIC ,00 "' I "--- ;~~" (---,~---5 Co' ~i Q ~~ DEe-12-200S 04:23PM FROM-M & T SANK +7172404518 T-832 P 002/003 F-847 RSMU CO ACTION INQ PROD CODE CDA CLASS: 1 (1, 2 , 3 ) ____ RSH0 3 FSS RST HARD HOLD INQ/MAINT 05/12/12 15.20.05 96 OP EsRN MS 46677 ONLY ONE ITEM FOUND FOR SEARCH COID ACCT 31003913463285 SHORT ~~ME GLINSKI LUCAS TYPE: 13 SEa 1 CURRE!'JCY TYPE CODE........... REASON CODE.. ..... " DATE PLACED... .... ..... DATE EXPIHES........... STATUS CODE............ 105/12/12 999/9g/99 1 SPECIAL COMMENTS LINE 1 LINE 2 RESTRAINT REASON LINE 1 LI NE 2 NO W/DRAIrlALS UNTIL. 3/25/2015 PER COURT ORDER #04 - !5235 YSHUGHART #4319 240-4536 STATUS CODE VALUES : 1 ~ ACTIVE A ~ ACTIVE PAID 2 ~ DELETE B ; DELHE PAID PF: 2-CONT 4-CHG 5-FAO e-INQ 9-NXT -DEL .ADD CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: ShaUll J. Mumford MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 MARTS ON DEARDORFF WILLIAMS & OTTO J1 ,,/', By Urvu~ ,/JuJ;t~ AmiJ. T a Ten East High Stn:et Carlisle, P A 17013 (717) 243-3341 Dated: December 13, 2005