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Home My WebLink About13-0137IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ (3 ~ ~ V L No. 2013 Civil Action (XX) Law ( ) Equity ~ c ~~-; ANDREW SPROW CALVIN WALKER -4~ ~ -~-' ~ 3949 LINCOLN STREET 614 GOVERNOR'S COURT ~ ~,. r^^~ _- ' P.O. BOX 502 ~ CHAMBERSBURG, PA 17201 ~ SCOTLAND, PA 17254 ~ ~.~. ~ ~~ v. and rx s - : ORBIT TECHNOLOGIES, INC, s ~ ~ ~= 4 209 LOCUST STREET ~~ '~ -~-r, r EAST BERLIN, PA 17316 --~ '~ ~ ~, ' -~ - Plaintiff Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ ofi Summons Shall be issued and forwarded to ( )Attorney (XX )Sheriff Andrew C. Spears Handler, Henning & Rosenberg. LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 X717) 238-2000 Name/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 87737 Date: January 2, 2013 WRIT OF SUMMONS s -,s ~ a~ ~.~ ~s 303 ~~ags~aa TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COM ENCED AN ACTION AGAINST YOU. Prothon ry Dater Deputy ( )Check here if reverse is used for additional information PROTHON. - 55 FILED-OFFICE I HE PROTHONOTARY 2013 ea -9 AM 11. 13 CUMBERLAND COUNTY FLANAGAN and DIBERNARDO,LLP PENNSYLVANIA BY: JASON P. MCNICHOLL,ESQUIRE Attorney for Defendants Attorney I.D.No. 89062 Calvin Walker and 150 East Chestnut Street Orbit Technologies, Inc. Lancaster, PA 17602 (717) 397-9444 Phone IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Andrew Sprow c/o Andrew C. Spears, Esquire Handler, Henning&Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 '8101AfAl YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. AN d DV#ERNARDO,LLP By: P 4ason P. c oll, Esquire P� Date: Attorn LD No.: 89062 A ttom nom y fo Defendants No. 2013-137 FLANAGAN and DIBERNARDO,LLP BY: JASON P. MCNICHOLL,ESQUIRE Attorney for Defendants Attorney I.D.No. 89062 Calvin Walker and 150 East Chestnut Street Orbit Technologies, Inc. Lancaster, PA 17602 (717) 397-9444 Phone IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term V, CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS COMPLAINT AND NOW, come Defendants, Calvin Walker and Orbit Technologies, Inc., by and through their attorneys, Jason P. McNicholl, Esquire and Flanagan and DiBernardo, UP and reply to Plaintiffs on Complaint as follows: 1. The averments set forth in the corresponding paragraph of Plaintiffs Com nftue denied pursuant to Pa. R.C.P. 1029(e) with strict proof thereof demanded at time of trial if deemed material. 2. Admitted. 3. Admitted. 4. The averments within the corresponding paragraph of Plaintiffs Complaint contain conclusions of law to which no response is deemed necessary. By way of further response, without waiving the aforementioned, Defendant Walker was on his way home at the time of the accident and was not acting within the course and scope of his employment for Orbit Technologies, Inc. at the time of the accident. 2 No. 201 3-137 5. The averments set forth in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029(e) with strict proof thereof demanded at time of trial if deemed material. 6. Admitted. 7. The averments set forth in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029(e)with strict proof thereof demanded at time of trial if deemed material. 8. The averments within the corresponding paragraph of Plaintiff's Complaint contain conclusions of law to which no response is deemed necessary. In the alternative, and to the extent that a response is deemed necessary, the corresponding paragraph is denied pursuant to Pa. R.C.P. 1029(e) with strict proof thereof demanded at time of trial. 9. The averments set forth in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa. R.C.OP. 1029(e) with strict proof thereof demanded at time of trial if deemed material. 10. The averments set forth in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029(e)with strict proof thereof demanded at time of trial if deemed material. 11. The averments set forth in the corresponding paragraph of Plaintiffs Complaint are denied pursuant to Pa. R.C.P. 1029(e)with strict proof thereof demanded at time of trial if deemed material. 12. - 16. The averments within the corresponding paragraphs of Plaintiffs Complaint contain conclusions of law to which no response is deemed necessary. In the alternative, and to the extent that a response is deemed necessary, the corresponding paragraphs are denied pursuant to Pa. R.C.P. 1029(e)with strict proof thereof demanded at time of trial. COUNT I—NEGLIGENCE Andrew Snrow v. Calvin Walker 17. Answering Defendants incorporate paragraphs 1 through 16 of their Answer by reference as though fully set forth at length herein. 3 No. 2013-137 18. -20. The averments within the corresponding paragraphs of Plaintiffs Complaint, including subparts, contain conclusions of law to which no response is deemed necessary. In the alternative, and to the extent that a response is deemed necessary, the corresponding paragraphs are denied pursuant to Pa. R.C.P. 1029(e)with strict proof thereof demanded at time of trial. WHEREFORE, Answering Defendants request that judgment be entered in their favor and against all other parties to this action. COUNT 11—VICARIOUS LIABILTY Andrew Sprow v. Orbit Technologies,Inc. 21. Answering Defendants incorporate paragraphs I through 20 of their Answer by reference as though fully set forth at length herein. 22.-27. The averments within the corresponding paragraphs of Plaintiffs Complaint, including subparts, contain conclusions of law to which no response are deemed necessary. In the alternative, and to the extent that a response is deemed necessary, the corresponding paragraphs are denied pursuant to Pa. R.C.P. 1029(e) with strict proof thereof demanded at time of trial. By way of further response, without waiving the aforementioned, Defendant Calvin Walker was not acting within the course and scope of any employment for Orbit Technologies, Inc. as Calvin Walker was on his way home at the time of the accident. WHEREFORE, Answering Defendants request that judgment be entered in their favor and against all other parties to this action. NEW MATTER 28. Answering Defendants incorporate by reference Paragraphs 1 through 27 as though set forth at length herein. 29. Plaintiff has failed to state a cause of action upon which relief can be granted. 30. Any acts or omissions of Answering Defendants alleged to constitute negligence were not substantial factor(s)and/or factual cause(s)of the injuries or losses alleged by Plaintiff. 4 No. 2013-137 31. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff may not have been proximately caused by Answering Defendants. 32. Plaintiff may not have properly mitigated its damages. 33. The negligent acts or omissions of other individuals or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. 34. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of risk; 0) payment; and (k) comparative negligence. 35. Plaintiff's injuries, if any, were proximately caused by his own negligent and careless operation of his motor vehicle in attempting to improperly pass the vehicle operated by Calvin Walker on the left berm of the roadway and in causing his vehicle to contact the Walker vehicle. 36. This action is barred or otherwise limited by the Motor Vehicle Financial Responsibility Law, Title 75 Pa. C. S. Section 1701 et M., either as originally promulgated or as amended by Act No. 1990-6. Defendants plead this law and the amendments thereto as a complete or, in the alternative, partial defense to Plaintiff s civil action. 37. Plaintiff may have selected or may be otherwise bound by the limited tort option pursuant to 75 Pa.C.S.A. §1705 and is therefore, barred from recovery of non-economic damages because Plaintiff s injuries, if any,do not constitute a serious injury as that term is defined in 75 Pa.C.S.A. §1702. 38. Answering Defendants hereby aver that the injuries sustained by the Plaintiff, if any, were not "serious" under the statute,thereby negating any non-economic claim by the Plaintiff. 39. Some or all of Plaintiff's damages or recovery in this case, if any, may be either limited or barred by the provisions of 75 Pa.C.S.A. §1720, 1722 or 1797. 5 No. 2013-137 40. Any claim or request in this action for damages for delay pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure is in contravention to and barred by the United States and Pennsylvania 1 Constitutions because: (a) the rule exceeds the rule-making authority granted to the judiciary by the Pennsylvania Constitution; (b) the rule violates the equal protection clauses of the United States and Pennsylvania Constitutions; (c) the rule violates the standards of due process guaranteed by the United States and Pennsylvania Constitutions; and (d) the rule violates the excessive fines clause of the United States Constitution. WHEREFORE, Answering Defendants request that judgment be entered in their favor and against all other parties to this action. Respectfully submitted, FLAN N an DIBERNARDO,LLP By: n P. rAl ll, Esquire Attorney 89062 150 East C Street Lancaster, 602 Date: / (717) 397-9444 Phone (717)397-2397 Fax Attorney for Defendants Calvin Walker and Orbit Technologies, Inc. 6 No. 2013-137 VERIFICATION 1, Calvin Walker , verify that I am a Defendant in the foregoing action and that the attached Defendants' Answer With New Matter To Plaintiff's Complaint is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the document is that of counsel and is not mine. 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 contents of document are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I further state that I am signing this verification on the recommendation of my attorney who has advised that the language in the foregoing document is required legally to raise issues for resolution by the court at trial. Further, I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorney on her advice. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Date: CALVIN WALKER 7 No. 2413-137 VERIFICATION 1, Roy Byers verify that I am the authorized representative of -Orbit Technologies, Inc. in the foregoing action and that the attached Defendants' Answer With,New Matter To Plaintiff's Complaint is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the document is that of counsel and is not mine. 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 contents of document are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I further state that I am signing this verification on the recommendation of my attorney who has advised that the language in the foregoing document is required legally to raise issues for resolution by the court at trial. Further, I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorney on her advice. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. Date: _i �! 1 ;�'✓..� R Y BYE , re esentative of ORBIT T OLOGIES, INC. 8 No. 2013-137 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE On this � day of April ., 2013, 1, Jason P. McNicholl, Esquire do hereby certify that I served a true and correct copy of the Defendants' Answer with New Matter to Plaintiff's Complaint by regular mail,postage prepaid,upon the following: Andrew C. Spears, Esquire Handler, Henning& Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiff) FLANAGAN and DIBERNARDO, LLP By: Jason PX4cNlctkoll, Esquire Attorney I.D.�. 89062 150 East Clies ut Street Lancaster, PA 17602 (717) 397-9444 Phone (717) 397-2397 Fax Attorney for Defendants Calvin Walker and Orbit Technologies, Inc. 9 FILED-OFFICE No. 2013-137 Civil Term OF THE PROTHONOTARY 2013 APR 12 AM 11: 14 CUMBERLAND COUNTY FLANAGAN and DiBERNARDO, IMRNSYLVANIA BY:JASON P.MCNICHOLL,Esquire. I.D.No.89062 =, films a 2 150 East Chestnut Street Attorneys for Defendants, Wf"WML Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Tech!!!1n,Inc_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. : CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants,Calvin Walker and Orbit Technologies,Inc,certifies that: (1) a Notice of Intent to Serve Subpoena with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) is sought to be served (a copy of the Notice of Intent to Serve Subpoena served on March 21, 2013, is attached as Exhibit"A"). (2) no objection to the subpoena(s)has been received;and (3) the subpoena(s)which will be served is identical to the subpoena(s)which is attached to the Notice of Intent to Serve Subpoena. FLANAG and Di$E RllO,LLP Date: 04/10/2013 By: Jason P. icholl,Esquire Attorney .No. 89062 uthe Attorney Defendants No. 2013-137 Civil Term FLANAGAN and DiBERNARDO,LLP BY:JASON P.MCNICHOLL,Esquire I.D.No. 89062 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technologies,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: Andrew C. Spears, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff YOU ARE HEREBY notified that Defendants, Calvin Walker and Orbit Technologies, intend 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 counsel for serving party an objection to the subpoena. If no objection is made, the subpoena may be served. FLANAGAN an DiBERNARDO, LLP DATE: 03/21/2013 By: ...... J P. M NOE—oll, Esquire I.D. N- 89062 Att®rney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V, CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Family Care Attention: Custodian of Records 757 Norlanco Avenue, Suite 101 Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires,intake forms,progress notes,nurses'notes,office notes,evaluations,assessments,medicalfconsultation reports, statements of diagnosislprognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:0611011991)for aff dates of treatment and services rendered. At: Flanagan and DiBernardo,LLP, 150 East Chestnut Street,Lancaster,PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBemardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge,at Carlisle,the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants NOTICE TO: Cumberland Valley Family Care Attention: Custodian of Records 757 Norlanco'Avenue, Suite 101 Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena, CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature --OR--- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena)due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession o Other(please specify): Date: Signature No. 2013-137 Civil Term FLANAGAN and DiBERNARDO, LLP BY:JASON P.MCMCHOLL,Esquire LD.No.89062 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technology,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Tema V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: c Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff FLANA d Di RNARDO, LLP DATE: 04/10/2013 Jason/P. cNicholl, Esquire Atto ey .D. No. 89062 Att 7,for the Defendants No. 2013-137 Civil Term FLANAGAN and DiBERNARDO,LLP BY: JASON P.MCNICHOLL,Esquire I.D.No.89062 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technologies,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION -LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term vi. CALVIN WALKER and ORBIT TECHNOLOGIES, INC, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff FLANAGAN.an MBER ARDO, LLP DATE:03/21/2013 By: 1-5 or . McNicholl, Esquire I.D. N 89062 Actor reyf6r Defendants , = • No. 2013-137 Civil Term FILED-OFFICE OF Ti}_ PROTHONOTARY an n OCT "` PH 37 FLANAGAN and DiBERNARDO, LLP CUMBERLAND COUNTY PENNSYLVANIA BY: JASON P.MCNICHOLL,Esquire I.D.No.89062 Oftgagg 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technologies,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW ANDREW SPROW • Plaintiff • No. 2013-137 Civil Term v. • CALVIN WALKER and • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, Calvin Walker and Orbit Technologies, Inc, certifies that: (1) a Notice of Intent to Serve Subpoena with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) is sought to be served (a copy of the Notice of Intent to Serve Subpoena served on September 12, 2013, is attached as Exhibit"A"). (2) no objection to the subpoena(s)has been received; and (3) the subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve Subpoena. FLANAGAN and DiBERNARDO,LLP Date: 10/02/2013 By: 41101L<, Jason P. rcNicholl, Esquire Attome, .D.No. 89062 Atto for the Defendants M No. 2013-137 Civil Term FLANAGAN and DiBERNARDO,LLP BY: JASON P.MCNICHOLL,Esquire I.D.No. 89062 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technologies,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW • ANDREW SPROW Plaintiff • No. 2013-137 Civil Term v. • • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff YOU ARE HEREBY notified that Defendants, Calvin Walker and Orbit Technologies, intend 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 counsel for serving party an objection to the subpoena. If no objection is made, the subpoena may be served. FLANAGAN DiBER ARDO, LLP DATE: 09/12/2013 By: Jaso P. McNichol', Esquire I.D. o. 89062 At rr ei for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff • No. 2013-137 Civil Term v. • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Charles K. Hill MS Attention: Custodian of Records 550 Cleveland Avenue Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file maintained by Keystone Behavioral Health.Y y y ealth. The documents to be r shall include oduced sha include abut not be limited to, reports, office notes, nurses' notes, correspondence,test P , results, reports of diagnostic studies or evaluations and billing information concerning physical or psychological conditions and treatment rendered therefore. Psychological records should include raw testing data, computerized scoring reports or any other documents, including, but not limited to, MMPI-2, BDI, CEQ, PBAPI (including all narrative or interpretive reports pertaining to Andrew Sprow diagnosis (diagnoses)and treatment. This authorization is for all medical and psychological/psychiatric records in your possession all dates of treatment and services rendered from 06/10/1991 for Andrew Sprow DOB: 06/10/1991 At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • ANDREW SPROW Plaintiff : No. 2013-137 Civil Term V : • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Charles K. Hill MS Attention: Custodian of Records 550 Cleveland Avenue Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature ---OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): Date: Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff No. 2013-137 Civil Term v. • • CALVIN WALKER and .. , ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Keystone Behavioral Health Dr. Mania Irakli Attention: Custodian of Records 820 51h Avenue Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file maintained by Keystone Behavioral Health. The documents to be produced shall include abut not be limited to, reports, office notes, nurses' notes, correspondence,test results, reports of diagnostic studies or evaluations and billing information concerning physical or psychological conditions and treatment rendered therefore. Psychological records should include raw testing data, computerized scoring reports or any other documents, including, but not limited to, MMPI-2, BDI, CEQ, PBAPI (including all narrative or interpretive reports pertaining to Andrew Sprow diagnosis (diagnoses) and treatment. This authorization is for all medical and psychological/psychiatric records in your possession all dates of treatment and services rendered from 06/10/1991 for Andrew Sprow DOB: 06/10/1991 At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717)397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the • (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - ANDREW SPROW Plaintiff No. 2013-137 Civil Term V • • • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Keystone Behavioral Health Dr. Mania Irakli Attention: Custodian of Records 820 5`"Avenue Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 , certify to the best of my knowledge, information and belief that: (1) All documents andior things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature -- OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation,this facility is not in possession of documents regarding the individual. After thorough investigation,this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): • Date: - Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff • No. 2013-137 Civil Term v. • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Auto Insurance Companies Bell Insurance Company Attention: Custodian of Records 1116 Kennebec Drive Chambersburg PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: All records referencing claims for damages of any kind whatsoever (including first party,third party, UM or UIM), made by or on behalf of, Andrew Sprow(D.O.B.:06/10/1991) as a result of an accident that occurred on January 25, 2011, Policy No. APA 0044153 Insured: Lori McClanahan, at any time. This request is for all correspondence, claims investigation file, medical records, notes, wage and salary verification, peer review or IME reports or correspondence, a copy of the declaration page that was in effect on January 25, 2011, any photographs showing property damage to any vehicles involved in the accident, any recorded statements or other accident investigation, any records relevant to claims made under any collision or liability coverage on the policy. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717)397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the (SEAL) "day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V • • • • CALVIN WALKER and • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: State Auto Insurance Companies Bell Insurance Company Attention: Custodian of Records 1116 Kennebec Drive Chambersburg PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR • THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that: (1) All documents and/ui things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature -- OR--- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other (please specify): Date: Signature • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term • v. • • • .CALVIN WALKER and • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Summit Physician Services Attention: Custodian of Records • 785 5th Avenue Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes,nurses' notes, office notes,evaluations,assessments,medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical-therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06/10/1991)for all dates of treatment and services rendered from 06/10/1991 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA.17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge,at Carlisle, the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff : No. 2013-137 Civil Term V • • CALVIN WALKER and : ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Summit Physician Services Attention: Custodian of Records 785 5th Avenue Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature -- OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): Date: Signature • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff No. 2013-137 Civil Term v. • • CALVIN WALKER and • • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Summit Physical Medicine Attention: Custodian of Records 1600 Orchard Drive Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes,nurses' notes, office notes,evaluations,assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06/10/1991)for all dates of treatment and services rendered from 06/10/1991 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, .150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge,at Carlisle, the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff • No. 2013-137 Civil Term V •• • • -- CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Summit Physical Medicine Attention: Custodian of Records 1600 Orchard Drive Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature ---OR--- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): Date: Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff • No. 2013-137 Civil Term v. • CALVIN WALKER and • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Orthopaedic Associates Attention: Custodian of Records 120 North 7th Street Suite 101 Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes,nurses' notes, office notes,evaluations,assessments,medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06/10/1991)for all dates of treatment and services rendered from 06/10/1991 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle,the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff • No. 2013-137 Civil Term V : • • CALVIN WALKER and • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Cumberland Valley Orthopaedic Associates Attention: Custodian of Records 120 North 7th Street Suite 101 Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR • THINGS PURSUANT TO RULE 4009.23 • I , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature ---OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena)due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): Date: Signature • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • ANDREW SPROW Plaintiff : No. 2013-137 Civil Term V. : • CALVIN WALKER and. • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital Attention: Custodian of Records 112 North 7th Street Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms,progress notes,nurses' notes,office notes,evaluations,assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:0611011991)for all dates of treatment and services rendered from 06/10/1991 to the present. At: Flanagan and DiBernardo,LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge,at Carlisle, the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff No. 2013-137 Civil Term V • • • CALVIN WALKER and .. : ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Chambersburg Hospital ital Attention: Custodian of Records 112 North 7 th Street Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature - - OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): Date: Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff • No. 2013-137 Civil Term v. • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Buratti Chiropractic Attention: Custodian of Records 1882 Wayne Road Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires,intake forms, progress notes, nurses' notes, office notes,evaluations,assessments,medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06110/1991)for all dates of treatment and services rendered from 06/10/1991 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street;.Lancaster, PA 17602 Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess President Judge,at Carlisle, the (SEAL) day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • ANDREW SPROW Plaintiff : No. 2013-137 Civil Term V •• • • CALVIN WALKER and • ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE TO: Buratti Chiropractic Attention: Custodian of Records 1882 Wayne Road Chambersburg, PA 17201 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other(please specify): Date: 'Signature • COMMONWEALTH OF PENNSYLVANIA _.-COUNTY OF CUMBERLAND ANDREW SPROW • Plaintiff • No. 2013-137 Civil Term v. • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Hershey Medical Center Attention: Custodian of Records 500 University Drive Hershey, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents Or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes,office notes,evaluations,assessments,medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06/10/1991)for all dates of treatment and services rendered from 06/10/1991 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 • 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: Jason P. McNicholl, Esquire Address: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 - Telephone: (717) 397-9444 Supreme Court ID#: 89062 Attorney for: Defendant WITNESS the Honorable Kevin A. Hess • President Judge,at Carlisle, the (SEAL) day of A.D., CLERK OF COURTS • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff • No. 2013-137 Civil Term • V • • CALVIN WALKER and . ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants. NOTICE TO: Penn State Hershey Medical Center Attention: Custodian of Records 500 University Drive Hershey, PA 17011 You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 • , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: Signature -- OR -- (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of:_ Other(please specify): Date: • Signature No. 2013-137 Civil Term FLANAGAN and DiBERNARDO,LLP BY: JASON P.MCNICHOLL,Esquire I.D.No.89062 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technologies,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff • No. 2013-137 Civil Term • vi. • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff FLANAGANy,and DiBERNARDO, LLP 11� DATE:09/12/2013 Y,,. — - By: ~_ t son p. McNicholl, Esquire I.D. Nor 89062 Attorneyjor Defendants 1 No. 2013-137 Civil Term FLANAGAN and DiBERNARDO, LLP BY: JASON P.MCNICHOLL,Esquire I.D.No.89062 150 East Chestnut Street Attorneys for Defendants, Lancaster,PA 17602 Calvin Walker and (717)397-9444 Orbit Technologies,Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW • ANDREW SPROW Plaintiff • No. 2013-137 Civil Term • v. • • CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff FLANAGA • DiB -NARDO, LLP DATE: 10/02/2013 /� By: Jason P. M. icholl, Esquire A •rney .D. No. 89062 A orn- for the Defendants FLANAGAN and DiBERNARDO, LL BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 ,1 E,., No. i01 JUL - tills: 6 CUMBERLAND PENT' y �Gl��'T'� AM) (Defendants, Calvin Walker and Orbit Technologies, Inc 2013-137 Civil Term ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff v. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants No. 2013-137 Civil Term JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, Calvin Walker and Orbit Technologies, Inc, certifies that: (1) a Notice of Intent to Serve Subpoena with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) is sought to be served (a copy of the Notice of Intent to Serve Subpoena served on June 23, 2014, is attached as Exhibit "A"). A letter signed and dated on June 27, 2014, by Plaintiff counsel is considered a waiver of 20 days and no objection to the service of the Subpoenas, (a copy is attached as Exhibit B). (2) no objection to the subpoena(s) has been received; and (3) the subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve Subpoena. Date: 06/30/2014 By: FLANAGAN and DiBERNARDO, LLP Jason HCA C Ao l/ Jason P. McNicholl, Esquire L1 Attorney I.D. No. 89062 Attorney for the Defendants No. 2013-137 Civil Term FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Attorneys for Defendants, Lancaster, PA 17602 Calvin Walker and (717) 397-9444 Orbit Technologies, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term v. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff YOU ARE HEREBY notified that Defendants, Calvin Walker and Orbit Technologies, intend 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 counsel for serving party an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: 06/23/2014 FLANAGAN and DiBERNARDO, LLP By: \Ct5D4r, Iv IG[loi? Jason P. McNicholl, Esquire \L.\ I.D. No. 89062 Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Summit Physician Services Attention: Custodian of Records 785 5th Avenue Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06/10/1991) for all dates of treatment and services rendered from 07/21/2013 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Telephone: Supreme Court ID #: Attorney for: (SEAL) Jason P. McNichol!, Esquire Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 (717) 397-9444 89062 Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants TO: Summit Physician Services Attention: Custodian of Records 785 5th Avenue Chambersburg, PA 17201 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: -- OR --- Signature (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other (please specify): Date: Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital Attention: Custodian of Records 112 North 7th Street Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, correspondence, and itemized billing statements concerning Andrew Sprow (D.O.B.:06/10/1991) for all dates of treatment and services rendered from 08/25/2013 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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 youfail 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: Telephone: Supreme Court ID #: Attorney for: (SEAL) Jason P. McNicholl, Esquire Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 (717) 397-9444 89062 Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No, 2013-137 Civil Term V CALVIN WALKER and ORBIT TECHNOLOGIES, INC. Defendants TO: Chambersburg Hospital Attention: Custodian of Records 112 North 7th Street Chambersburg, PA 17201 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: -- OR --- Signature (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other (please specify): Date: Signature FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 No. 2013-137 Civil Term Attorneys for Defendants, Calvin Walker and Orbit Technologies, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term vi. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff DATE:06/23/2014 FLANAGAN and DiBERNARDO, LLP By: HCNI1c'V.ot Jason P. McNicholl, Esquire I.D. No. 89062 Attorney for Defendants FLANAGAN AND DIBERNARDO, LLP F•D ATTORNEYS AT LAW J. MICHAEL FLANAGAN LISA M. DIBERNARDO JASON P. MCNICHOLL Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 www.flanagananddibernardo.com Email: calitwin.flanlaw@verizon.net June 23, 2014 RE: Andrew Sprow v. Calvin Walker and Orbit Technologies, Inc. Cumberland County Docket No.: 2013-137 Civil Term Our File No.: 10-1471JPM Dear Attorney Spears: Enclosed please find a Notice of Intent to serve a Subpoena to obtain above captioned matter. If you are willing to waive the twenty -day (20) waiting period and have the subpoena please sign this letter and return it to me either by facsimile or 150 EAST CHESTNUT STREET LANCASTER, PA 17602-2741 PHONE: (717) 397-9444 FAX: (717) 397-2397 records regarding the no objections to serve regular mail service. Thank you in advance for your prompt attention to this matter. Very sincerely, FLARAGAN AN ! DiBERNARDO, LLP Enclosure itwin, Pa. C. P. I, Andrew C. Spears, Esquire, counsel for Plaintiff, have no objection to the serving of the subpoena identified in the enclosed Notice of Intent and hereby waive the twenty (20) days. Date:2.! I `i 1 Signature FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 No. 2013-137 Civil Term Attorneys for Defendants, Calvin Walker and Orbit Technologies, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term v. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff DATE: 06/30/2014 FLANAGAN and DiBERNARDO, LLP By: U� 7 HSI icJ Jason P. McNicholl, Esquire Attorney I.D. No. 89062 Attorney for the Defendants FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 No. 2013-137 Civil Term Attorneys for Defendants, Calvin Walker and Orbit Technologies, Inc ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term C) r.• v.-0 a rs rn CALVIN WALKER and 7 ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED -<> c7 Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA >5:: .7 PURSUANT TO RULE 4009.22 --� 4=" --C co As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, Calvin Walker and Orbit Technologies, Inc, certifies that: (1) a Notice of Intent to Serve Subpoena with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoena(s) is sought to be served (a copy of the Notice of Intent to Serve Subpoena served on September 4, 2014, is attached as Exhibit "A"). A letter signed and dated on September 8, 2014, by Plaintiff counsel is considered a waiver of 20 days and no objection to the service of the Subpoenas, (a copy is attached as Exhibit B). (2) no objection to the subpoena(s) has been received; and (3) the subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve Subpoena. Date: 09/09/2014 By: FLANAGAN and DiBERNARDO, LLP \Ja r,R. 111ci0c,La (/ Jason P. McNicholl, Esquire ru--‘ Attorney I.D. No. 89062 Attorney for the Defendants No. 2013-137 Civil Term FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Attorneys for Defendants, Lancaster, PA 17602 Calvin Walker and (717) 397-9444 Orbit Technologies, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term v. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff YOU ARE HEREBY notified that Defendants, Calvin Walker and Orbit Technologies, intend 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 counsel for serving party an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: 09/04/2014 FLANAGAN and DiBERNARDO, LLP By: .p fid- . �"1 c Jason P. McNicholl, Esquire \-\ I.D. No. 89062 Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Orthopaedic Associates Attention: Custodian of Records 12DNorth 7th Street Suite 1O1 Chambersburg, PA 17201 Within twenty (20) days after service of this nubpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic teuUnQ, reports of diagnostic fi|mn, physical therapy nnoords, chiropractic oecondo, memmoronde, and correspondence, concerning Andrew 5prnw(D.O.B.:VG/1(V1W81}for all dates of treatment and services rendered from 05/22/2007 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Telephone: Supreme Court ID #: Attorney for: (SEAL) Jason P. McNicholl, Esquire Flanagan and UiBernordo. LLP, 150 East Chestnut Street, Lancaster, PA 17603 (717) 397-9444 89062 Defendant WITNESS the Honorable Kevin A. Hess President Judge, at CarIisIe, the day of A.D., CLERK OF COLtRTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants TO: Cumberland Valley Orthopaedic Associates Attention: Custodian of Records 120 North 7th Street Suite 101 Chambersburg, PA 17201 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: --- OR --- Signature (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files, This facility purges documents after years. The documents are in possession of: Other (please specify): Date: Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Buratti Chiropractic Attention: Custodian of Records 1882 Wayne Road Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, and correspondence, concerning Andrew Sprow (D.O.B.:06/10/1991) for all dates of treatment and services rendered from 07/19/2011 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Telephone: Supreme Court ID #: Attorney for: (SEAL) Jason P. McNicholl, Esquire Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 (717) 397-9444 89062 Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants TO: Buratti Chiropractic Attention: Custodian of Records 1882 Wayne Road Chambersburg, PA 17201 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: -- OR --- Signature (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other (please specify): Date: Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Family Care Attention: Custodian of Records 757 Norlanco Avenue, Suite 101 Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: A copy of the entire medical records file, including but not limited to, patient histories, questionnaires, intake forms, progress notes, nurses' notes, office notes, evaluations, assessments, medical/consultation reports, statements of diagnosis/prognosis, reports of diagnostic testing, reports of diagnostic films, physical therapy records, chiropractic records, memoranda, and correspondence, concerning Andrew Sprow (D.O.B.:06/10/1991) for all dates of treatment and services rendered from 12/31/2011 to the present. At: Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 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: Telephone: Supreme Court ID #: Attorney for: (SEAL) Jason P. McNicholl, Esquire Flanagan and DiBernardo, LLP, 150 East Chestnut Street, Lancaster, PA 17602 (717) 397-9444 89062 Defendant WITNESS the Honorable Kevin A. Hess President Judge, at Carlisle, the day of A.D., CLERK OF COURTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREW SPROW Plaintiff No. 2013-137 Civil Term V CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants TO: Cumberland Valley Family Care Attention: Custodian of Records 757 Norlanco Avenue, Suite 101 Chambersburg, PA 17201 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents and/or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 , certify to the best of my knowledge, information and belief that: (1) All documents and/or things required to be produced pursuant to the subpoena issued on (Date of Subpoena) have been produced. Date: --- OR --- Signature (2) Documents and/or things have not been produced pursuant to the subpoena issued on (Date of Subpoena) due to: (check one) After thorough investigation, this facility is not in possession of documents regarding the individual. After thorough investigation, this facility does not have the specific documents/dates in the files. This facility purges documents after years. The documents are in possession of: Other (please specify): Date: Signature No. 2013-137 Civil Term FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire No. 89062 150 East Chestnut Street Attorneys for Defendants, Lancaster, PA 17602 Calvin Walker and (717) 397-9444 Orbit Technologies, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 CM! Term vi. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff DATE:09/04/2014 FLANAGAN and DiBERNARDO, LLP By: -1.61ov-N-. NCO tc.11 Jason P. McNichol!, Esquire 17----k I.D. No. 89062 Attorney for Defendants IIS .09/08/2014 16:33 Hand I er, Henning, Rosenberg FLANAG AND. DIBERNARWO (F4X)7172333029 P 002/002 ATTORNEYS AT J. MICHAEL FLANAGAN LISA M. DIBeRNARDO JASON P. McNtcHou. www.flanagananddibernardo,com ' Email: calitwin.fanlawDverizon.net 150 EAST CHEsrNvr STREET LANCASTER, PA 176o2.2741 , PHONE: (717) 397-9444 FAX:, (717) 397-2397 • ' Andrew C. Spears, Esquire : Handler, Henning & Rosenberg, LLP 1.300. Linglestown, Road, .Suite .2_ Harrisburg, PA 17110 RE: Andrew Sprow v, Calvin Walker and Orbit Technologies,: Inc. Cumberland County Docket. No.: 2013-137 Civil Term . Our File No. 10-1471,113M Dear Attorney Spears: Enclosed please find allotice,of Intent to serve a .Subpoena to obtain records regardng the above captioned matter, If you are willing to waive the twenty -day (20) waiting period and'have no'objections to serve the subpoena please sign this Tetter and return it tome either by facsimile or regular mail service: Thank you in advance for your prompt. attention to this matter. Very sincerely, 1111!1.11111111111114-901 1111 111 1111001 • Enclosure. I; Andrew C. Spears, Esquire, counsel far Plaintiff, have no objection to the.serving of the subpoena Identified din the enclosed Notice' of Intent and hereby waive the twenty (20) days. Date:__/' ( _. \ • t No. 2013-137 Civil Term FLANAGAN and DiBERNARDO, LLP BY: JASON P. MCNICHOLL, Esquire I.D. No. 89062 150 East Chestnut Street Attorneys for Defendants, Lancaster, PA 17602 Calvin Walker and (717) 397-9444 Orbit Technologies, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ANDREW SPROW Plaintiff No. 2013-137 Civil Term v. CALVIN WALKER and ORBIT TECHNOLOGIES, INC. : Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE hereby certify that I served a true and correct copy of the foregoing upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiff DATE: 09/09/2014 FLANAGAN and DiBERNARDO, LLP By: Tr -60v1 )"(I_C"CiGke./ 1 Jason P. McNicholl, Esquire Attorney I.D. No. 89062 Attorney for the Defendants