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HomeMy WebLinkAbout04-5409 RHEA BROSIUS and HAROLD BROSIUS, husband and wife, 474 Old Stage Road Lewisberry, PA 17339, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW NO. (JII- 5lf09 v. JOSEPH L. HITCHINGS 203 West Caracas Avenue, Suite 201 Hershey, PA 17033, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against the defendant in the action. Said Writ of Summons shall be issued and forwarded to S upon the above-named defendant. Stephen M. Greecher, Esquire TUCKER ARENSBERG, PC 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Supreme Court 1.0. #36803 Date: 10 p <Icv WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ~'l.f:)1 ~y t'lCJLdn .):/~ Proth otary By vtJ.~..4'~~ O€!puty ( ) Check here if reverse is used for additional infonnation 72588.1 @ 0 ,..., <= 0 "b\- e (.,;) ;~ . .r:- "'r\ ~ ~ ~. -oi: .; c:> '"~ '.~2 ~ :..~ c.-> -I ' ., ;;:1.. 1') -.' 'w"-" ....~ ~ ,~~~~ -' ,') ""- , V) ~ ~ -:I .,' :.H ... ( -.' .j- ~ ~ :";:.~ .(') 1'.) ~~rn "'<"\ ~ t ?:; ~.:.t ~ Ul ,~ --..' ~ l." 0:> -< ~. . RHEA BROSIUS and HAROLD BROSIUS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAI\ID COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO.: 04-540~1 JOSEPH L. HITCHINGS, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, Joseph L. Hitchings, in the above- captioned. Respectfully submitted, McKissock & Hoffman, P.C. BY:~~r-fZl Edwin A.D. Schwal ,Es I.D. No.: 75902 S 2040 Linglestown Hoad Suite 302 Harrisburg,PA 17110 (717) 540-3400 Dated: ~ ~/O c;- F Attorneys for Defendant CERTIFICATE OF SERVICI; I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen Greecher, Esquire Tucker Arensburg, PC 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (Counsel for Plaintiffs) McKissock & Hoffman, P.C. By: /~?: Edwin A.D. c wart quire Identification No.: 902 2040 LinglE~stown Road Suite 302 Harrisburg, PA 17110 (717) 540<1400 Dated: ""'-/6/-S- / Attorneys for Defendant C) "'1;" (, : - r<> <::> (.~--) c.n <..- .,:1''' :;:.e: \ --1 - c ...," c_, :.:\ --:, (;--? c o '.. Ci .-n -~ -t' ....,.., "{'l~ -neW ':J C( 't \\J: RHEA BROSIUS and HAROLD BROSIUS, Plaintiffs IN THE COU~~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO.: 04-5409 JOSEPH L. HITCHINGS, Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT Please issue a Rule directed to Plaintiffs to file a Complclint in the above-captioned matter within twenty (20) days of service or suffer judgment Non Pros. Respectfully submitted, AND NOW, this RULE 7+~daYOf~~ , 2005, upon consideration of Defendant's Praecipe For Rule To File A Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ~ay of .J;u 'J ,2005. 17 I~ ' ~ - Curt Long, Prothonotary C'.~' (] I~ _;: ";:'- ...." c::::..:> -:::::> cJ"I <- ~~ I _J ~...... '-.- (;'''? o -n -4 --r.:-n fne -n L:-i -;) '-,' :_:~~ (--- ~ ~ :.:, \~'l -I '-.:\ c::> ~".;;! ,-- Tucker Arensberg, P.C. By: Stephen M. Greecher, Jr. (1.0. No. PA-36803) ATTORNEYS FOR PLAINTIFFS 111 North Front Street P. O. Box 889 Harrisbur~l, PA 17108-0889 (717) 234--4121 RHEA BROSIUS and HAROLD BROSIUS, Plaintiffs V. JOSEPH L. HITCHINGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5409 CIVIL TERM ,IURY TRIAL DEMANDED CIVIL ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pag~, 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 buy the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property of 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELiGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 "AVISO" "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las pflginas siguientes, usted debe tamar la acci6n en el plaza de veinte (20) dfas despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente 0 y 3rchivando en escribir con la corte sus defensas u objeciones alas demandas dispuestas contra usted el abogado Ie advierte que que si usted no puede hacer asf que el caso puede proceder sin usted y unjuicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en 1a qIJeja 0 para cualquier otea demanda 0 relevaci6n pedida poc el demandante. Usted puede perder el dinero 0 la caracterlstica de otra endereza importante a usted. USTED DEBE LLEV AR ESTE PAPEL SU ABOGADO INMEDIA T AMENTE. SI USTED NO HACE QUE UN ABOGADO VA Y A A 0 LLAME POR TELEFONO La OFICfNA DISPUEST A ABAJO. EST A OF1CINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SIUSTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, EST A OFlCINA PUEDE PODER PROVEER DE USTED LA fNFORMACfON SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO o NfNGUN HONClRAR10 SIlRVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 3:l: South Bedford Curlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9'08 Plaintiffs IN THI" COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS and HAROLD BROSIUS, v. NO. 04-5409 CIVIL TERM CIVIL ACTION - LAW JOSEPH L. HITCHINGS, Defendant ,JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Rhea Brosius and her husband, Harold Brosius, adult individuals residing at 474 Old Stage Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant is Joseph L. Hitchings, an adult individual, a licensed professional, an attorney licensed to practice law in the Commonwealth of Pennsylvania, with offices in Dauphin County, Pennsylvania, at 4807 Jonestown Road, Office 242, Harrisburg, Pennsylvania 17109. Defendant, Joseph L. Hitchings, at all times relevant hereto, also regularly practiced law and continues to practice law in Cumberland County, Pennsylvania. Plaintiffs are asserting a professional liability claim against Defendant, Joseph L. Hitchings. 3. A Certificate of Merit pursuant to Pa.R.C.P. 1042.3 is filed contemporaneously with this Complaint and attached hereto as Exhibit "A". 4. Rhea Brosius has been involved in motor vehicle accidents that occurred on November 3, 2000 and January 22, 2001. 5. Defendant, Joseph L. Hitchings, represented Plaintiffs, Rhea Brosius and Harold Brosius, with respect to the injuries and damages they sustain(~d as a result of the aforesaid motor vehicle accidents. 6. With respect to the motor vehicle accident that occurred on November 3, 2000, Defendant, Joseph L. Hitchings, instituted suit by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County, Pennsylvania, naming Rhea E. Brosius as the Plaintiff and naming as Defendants, Kirkland's, Inc., U-Haul Company of North Carolina, and Angela Renolds. The aforesaid case was docketed to No. 0~!-5398 Civil Term. A true and correct copy of the clocked-in Praecipe for Writ of Summons and the Writ of Summons as issued by the Prothonotary are attached hereto as Exhibit "B". 7. The Praecipe for Writ of Summons was receiv,ed at the Prothonotary's Office of Cumberland County on November 6, 2002 and docketed on November 6, 2002. A true and correct copy of the docket entries is attached hereto as Exhibit "C". 8. With respect to the accident that occurred on ,Ianuary 22, 2001, Defendant, Joseph L. Hitchings, instituted suit in the Court of Common P,leas of Cumberland County, Pennsylvania, by filing a Praecipe for Writ of Summons naming Rhea E. Brosius as Plaintiff and William M. Dillman, Jr. as Defendant, with said action docketeld to No. 03-333 Civil Term. The aforesaid Praecipe for Writ of Summons was received by the Prothonotary of Cumberland County and docketed on January 22, 2003. A true and correct copy of the clocked-in Praecipe for Writ of Summons and the Writ of Summons issued by the Prothonotary are attached hereto as Exhibit "D". 9. With respect to the motor vehicle accidents that occurred on November 3, 2000 and January 22, 2001, Ms. Brosius was insured by an automobile insurance policy issued by Farm Family Insurance Company, pursuant to which Ms. Brosius had elected the full tort option. Motor Vehicle Accident of November 3, 2000 10. Paragraphs 1 through 9 are incorporated herein by reference. -2- 11. On November 3, 2000, at approximately 11:43 a.m., Plaintiff, Rhea Brosius, was operating a 1997 Toyota Tacoma pickup truck traveling west on Hartzdale Drive in Lower Allen Township, Cumberland County, Pennsylvania. 12. Rhea Brosius was stopped on Hartzdale Drive to wait for oncoming traffic to clear so she could turn left into what was then the "Rib-It" restaurant parking lot. 13. At that same time, Angela Renolds was traveling west on Hartzdale Drive in Lower Allen Township, Cumberland County, Pennsylvania, operating a 2000 GMC truck owned by U-Haul Company of North Carolina. 14. Angela Renolds failed to observe that Plaintiff, Rhea Brosius, was stopped and waiting to turn, and the vehicle operated by Angela Renolds struck the rear of Plaintiff, Rhea Brosius's, vehicle before Rhea Brosius could complete her turn. 15. Angela Renolds was cited for careless driving by the Lower Allen Township Police Department. 16. Angela Renolds operated her vehicle in a negli!~ent, careless and reckless manner in that she: a. failed to have her vehicle under proper and adequate control at all times; b. failed to keep a reasonable lookout for other vehicles lawfully on the roadway; c. failed to take any or proper evasive action in order to avoid the collision; d. failed to operate her vehicle at a safe speed and/or within the posted speed limit; e. failed to operate her vehicle in a manner that allowed her to stop within a safe time and distance from traffic ahead of her and within the assured clear distance ahead; -3- f. operated her vehicle such that it struck Plaintiffs' vehicle from behind; and g. failed to operate her vehicle within a safe following distance from Plaintiff as she was obligated to do. 17. Ms. Renolds operated her vehicle in violation <of the Motor Vehicle Code and, as a result, Ms. Renolds was negligent per se. 18. It is believed and therefore averred that at the time of the November 3, 2000 motor vehicle accident, Ms. Renolds was acting within the scope of her employment with Kirkland's, Inc. and/or on behalf of Defendant, U-Haul Company of North Carolina. 19. As a result of the aforesaid motor vehicle accident, Plaintiff, Rhea Brosius, sustained serious injuries that include, but are not limited to, injuries to her neck, thoracic and lumbar spine, forehead, right hand, elbows, hips, right foot, and may further include aggravation of preexisting conditions, and which injuries result in Plaintiff, Rhea Brosius, being in a weakened condition and more susceptible to injury or at risk for suffering greater injury as a result of any subsequent trauma or event. 20. As a result of the aforesaid motor vehicle accident and the negligence, carelessness and recklessness of Angela Renolds, Plaintiff, Rhea Brosius, suffered damages as follows: a. She endured and may continue to endure pain and suffering, loss of life's pleasures, embarrassment, humiliation, mental anguish and emotional distress. b. She has suffered and may continue to suffer from her injuries and physical impairment which have hindered and may continue to hinder her ability to carry out her usual and customary daily activities; c. She has received and may continue to receive and undergo medical attention and care and has incurred and may incur various expenses for this treatment -4- for which she had a claim arising out of the motor vehicle accident of November 3, 2000, to the extent permitted by applicable law, d. She has suffered a loss of earnings or earning capacity for which she had a claim arising out of the motor vehicle accident of November 3, 2000, to the extent permitted by applicable law. 21. As a result of the negligence, carelessness, and recklessness of Angela Renolds, and as a result of the injuries suffered by Plaintiff, Rhea Brosius, Plaintiff, Harold Brosius, has been and will be deprived of the society, companionship, contributions and consortium of his wife, Rhea Brosius, to his great detriment and financial loss. 22. Defendant, Joseph L. Hitchings, owed a duty of care to Plaintiffs, Rhea Brosius and Harold Brosius. The legal services provided to Rhea Brosius and Harold Brosius by Defendant, Joseph L. Hitchings, with respect to the motor vehicle accident of November 3, 2000, fell below the applicable standard of care for an attorney. 23. Defendant, Joseph L. Hitchings, was negligent with respect to the legal services provided to Plaintiffs, Rhea Brosius and Harold Brosius, with respect to the November 3, 2000 motor vehicle accident in that he failed to timely file suit on the,ir behalf and failed to name Harold Brosius in the suit that he did file. 24. The action filed by Joseph L. Hitchings naming Rhea Brosius as Plaintiff and Kirkland's, Inc., U-Haul Company of North Carolina, and Angela Renolds as Defendants was filed after the applicable statute of limitations had expired. 25. Because the suit filed by Joseph L. Hitchings naming Rhea Brosius as Plaintiff and Kirkland's, Inc., U-Haul Company of North Carolina, and A.ngela Renolds as Defendants was filed after the applicable statute of limitations had expired, the suit was dismissed by Order -5- of Judge Edward E. Guido of the Court of Common Pleas of Cumberland County, Pennsylvania. A true and correct copy of the Order of Judge Guido is attached hereto as Exhibit "E". 26. Defendant, Joseph L. Hitchings, was provided with copies of the pleadings and given the opportunity to participate in argument with respect to the Defendants' request to dismiss the Brosius v. Kirkland's et al. matter on the grounds of the statute of limitations, and he did not participate. Defendant, Joseph L. Hitchings, had not withdrawn his appearance in the Brosius v. Kirkland's et al. matter. 27. As a result of the negligence of Defendant, Joseph L. Hitchings, Plaintiffs, Rhea Brosius and Harold Brosius, were deprived of their causes of action and claims for damages arising out of the motor vehicle accident of November 3, 2000. 28. Under their Farm Family Insurance Company policy, Rhea Brosius and Harold Brosius had underinsured motorist coverage applicable to the November 3, 2000 motor vehicle accident, and to the extent that Rhea Brosius and Harold Brosius have an underinsured motorist claim arising out of the November 3, 2000 motor vehicle accident, the aforesaid negligence of Joseph L. Hitchings has potentially prejudiced the underinsun3d motorist claim of Plaintiffs; therefore, Rhea Brosius and Harold Brosius claim herein against Defendant, Joseph L. Hitchings, for any damages or losses that they sustained or that they will suffer as a result thereof. COUNT I Rhea Brosius v. Joseph L. Hitchinlls (Motor Vehicle Accident of November 3, 2000) 29. Paragraphs 1 through 9 and Paragraphs 10 through 28 are incorporated herein by reference. -6- 30. Defendant, Joseph L. Hitchings, is liable to Plaintiff, Rhea Brosius, based on the allegations made in the foregoing paragraphs for the injuries, losses and damages Rhea Brosius has sustained and that she will sustain as a result of the negligence of Joseph L. Hitchings. WHEREFORE, Plaintiff, Rhea Brosius, demands judgment in her favor in an amount in excess of the amount requiring referral of this case to compulsory arbitration, plus interest, costs and delay damages. COUNT II Harold Brosius v. Joseoh L. Hitchinas (Motor Vehicle Accident of November 3, 2000) 31. Paragraphs 1 through 9 and Paragraphs 10 through 28 are incorporated herein by reference. 32. Defendant, Joseph L. Hitchings, is liable to Plalintiff, Harold Brosius, based on the allegations made in the foregoing paragraphs for the injuries, losses and damages Harold Brosius has sustained and that he will sustain as a result of the negligence of Joseph L. Hitchings. WHEREFORE, Plaintiff, Harold Brosius, demands judgment in his favor in an amount in excess of the amount requiring referral of this case to compulsory arbitration, plus interest, costs and delay damages. Motor Vehicle Accident of January 22, 2001 33. Paragraphs 1 through 9 are incorporated herein by reference. -7- 34. On January 22,2001, at approximately 3:18 p.m., Plaintiff, Rhea Brosius, was operating a 1997 Toyota Tacoma pickup truck northbound on SR-0011 in Silver Spring Township, Cumberland County, Pennsylvania. 35. Plaintiff, Rhea Brosius, turned left onto BernhElisel Bridge Road and stopped to wait for oncoming traffic to clear so that she could turn into the Hess Gas Station at the corner of SR-0011 and Bernheisel Bridge Road. 36. At that same time, William Dillman, Jr. was operating a 1993 Chevrolet C-20 van and was also traveling northbound on SR-0011 in Silver Spring Township, Cumberland County, Pennsylvania, behind Plaintiff. 37. Mr. Dillman also turned left onto Bernheisel Bndge Road and drove his vehicle such that he ran into the rear of Rhea Brosius's vehicle. 38. Mr. Dillman was cited for following too closely by Silver Spring Township Police Department. 39. At the time of the aforesaid motor vehicle accident, Mr. Dillman was acting in the course of his employment with UGI. 40. At the time of the aforesaid motor vehicle accident, Mr. Dillman operated his vehicle in a negligent, careless, and reckless manner in that Mr. Dillman: a. failed to have his vehicle under proper and adequate control at all times; b. failed to keep a reasonable lookout for other vehicles lawfully on the roadway; c. failed to take any or proper evasive action in order to avoid the collision; d. failed to operate his vehicle at a safe speed and/or within the posted speed limit; -8- e. failed to operate his vehicle in a mann'3r that allowed him to stop within a safe time and distance from traffic ahead of him and within the assured clear distance ahead; f. operated his vehicle such that it struck Plaintiffs vehicle from behind; and g. failed to operate his vehicle within a safe following distance from Plaintiff, Rhea Brosius, as he was obligated to do. 41. Mr. Dillman operated his vehicle in violation of the Motor Vehicle Code of Pennsylvania and was negligent per se. 42. As a direct and proximate result of the negligence, carelessness and recklessness of Mr. Dillman, Mrs. Brosius sustained serious injuries that include but are not limited to injuries to her cervical spine, thoracic spine, lumbar spine, right ankle sprain, nerve damage, contusions to the right and middle finger and may further include aggravation of preexisting conditions, and which injuries result in Plaintiff, Rhea Brosius, being in a weakened condition and more susceptible to injury or at risk for suffering greater injury as a result of any subsequent trauma or event. 43. As a direct and proximate result of the negligence, carelessness and recklessness of Mr. Dillman, Rhea Brosius has incurred dama!~es as follows: a. She has endured and may continue to endure pain, suffering, loss of life's pleasures, embarrassment, humiliation, mental anguish, and emotional distress; b. She has suffered and may continue to suffer from her injuries and physical impairments which have impaired her ability to carry out her usual and customary daily activities. -9- c. She has received and may continue to receive and undergo medical attention and care and has incurred and may incur various expenses for this treatment for which she has a claim to the extent permitted by applicable law. d. She has suffered a loss of earnings and earning capacity for which she has a claim to the extent permitted by applicable law. 44. As a result of the negligence, carelessness, and recklessness of William Dillman, Jr., and as a result of the injuries suffered by Plaintiff, Rhea Brosius, Plaintiff, Harold Brosius, has been and will be deprived of the society, companionship, contributions and consortium of his wife, Rhea Brosius, to his great detriment and financial loss, 45. Defendant, Joseph L. Hitchings, owed a duty of care to Plaintiffs, Rhea Brosius and Harold Brosius, with respect to representing them for their claims arising from the January 22, 2001 motor vehicle accident. 46. The representation of Rhea Brosius and Harold Brosius by Joseph L. Hitchings with respect to the January 22, 2001 motor vehicle accident fl311 below the applicable standard of care and was negligent. 47. Joseph L. Hitchings was negligent in that: a. He failed to name Harold Brosius as a Plaintiff in the case that he brought for Rhea Brosius as a result of the motor vehicle accident of January 22, 2001, as required by the Pennsylvania Rules of Civil Procedure. b. Prior to the running of the applicable statute of limitations, Mr. Hitchings failed to add Harold Brosius to the action that he had brought on behalf of Rhea Brosius arising out of the January 22, 2001 motor vehicle accident or institute suit on behalf of Harold Brosius for the damages that Harold Brosius sustained as a result of the January 22, 2001 motor vehicle accident. -10- c. Prior to the running of the applicable statute of limitations, Mr. Hitchings failed to institute suit against Mr. Dillman's employer or include UGI as a defendant in the suit that he filed on behalf of Plaintiff, Rhea Brosius, for the January 22, 2001 motor vehicle accident. 48. Because the statute of limitations with respect to the January 22, 2001 motor vehicle accident has now expired, Harold Brosius cannot be added to the present action proceeding against Mr. Dillman and cannot otherwise bring an action for his damages arising out of the January 22, 2001 motor vehicle accident, and his claim is barred by the statute of limitations. 49. Because the statute of limitations with respect to the January 22, 2001 motor vehicle accident has now expired, Rhea Brosius cannot add lIGI to the action pending against Mr. Dillman and Rhea Brosius and Harold Brosius cannot otherwise institute an action against UGI because the claims against UGI are barred by the statute of limitations. 50. As a direct and proximate result of the negligence of Defendant, Joseph L Hitchings, Plaintiff, Harold Brosius, has been deprived of his cause of action and loss of consortium damages arising out of the motor vehicle accident of January 22, 2001. 51. As a direct and proximate result of the negligence of Defendant, Joseph L. Hitchings, Plaintiff, Rhea Brosius, has been deprived of her cause of action and claim against Defendant, UGI, and as a result cannot recover damages against Defendant, UGI, with respect to the injuries she suffered arising from the motor vehicle accident of January 22, 2001. 52. Under their Farm Family Insurance Company policy, Rhea Brosius and Harold Brosius had underinsured motorist coverage applicable to the ,January 22, 2001 motor vehicle accident, and to the extent that Rhea Brosius and Harold Brosius have an underinsured motorist claim arising out of the January 22, 2001 motor vehicle accident, the failure of Defendant, -11- Joseph L. Hitchings, to institute suit against UGI has potentiallly prejudiced the underinsured motorist claim and therefore Plaintiffs and Rhea Brosius and Harold Brosius claim herein against Defendant, Joseph L. Hitchings, for any damages or losses that they sustained or that they will suffer as a result thereof. 53. Plaintiff, Harold Brosius, claims damages against Defendant, Joseph Hitchings, for his loss of consortium damages arising out of the motor vllhicle accident of January 22, 2001, for the damages he has sustained and will sustain as a result of Defendant, Joseph L. Hitchings, failing to institute suit against UGI on his behalf and on behalf of Rhea Brosius, for which Joseph L. Hitchings is liable to Plaintiff, Harold Brosius. 54. Plaintiff, Rhea Brosius, claims damages against Joseph L. Hitchings for the damages that she sustained and will sustain as a result of Defendant Hitchings failing to institute suit against UGI on her behalf and on behalf of Harold Brosius for which damages Defendant, Joseph L. Hitchings, is liable to Plaintiff, Rhea Brosius. COUNT III Rhea Brosius v. Joseph L. Hitchinas (Motor Vehicle Accident of January 22, 2001) 55. Paragraphs 1 through 9 and Paragraphs 33 through 54 are incorporated herein by reference. 56. Defendant, Joseph L. Hitchings, is liable to Plaintiff, Rhea Brosius, based on the allegations made in the foregoing paragraphs for the injuries, losses and damages she has sustained and that she will sustain as a result of the negligence of Joseph L. Hitchings. WHEREFORE, Plaintiff, Rhea Brosius, demands judgment in her favor in an amount in excess of the amount requiring referral of this case to compulsory arbitration, plus interest, costs and delay damages. -12- COUNT IV Harold Brosius v. JoseDh L. Hitchinas (Motor Vehicle Accident of January 22, 2001) 57. Paragraphs 1 through 9 and Paragraphs 33 through 56 are incorporated herein by reference. 58. Defendant, Joseph L. Hitchings, is liable to Plaintiff, Harold Brosius, based on the allegations made in the foregoing paragraphs for the injuries, losses and damages he has sustained and that he will sustain as a result of the negligencl~ of Joseph L. Hitchings. WHEREFORE, Plaintiff, Harold Brosius, demands jUd'gment in his favor in an amount in excess of the amount requiring referral of this case to compulsory arbitration, plus interest, costs and delay damages. By: M. e r / Attorney's 1.0. No. PA-36803 111 North Front Street P. O. Box 889 Harrisbur~1. PA 17108-0889 (717) 234--4121 ATTORNEYS FOR PLAINTIFFS DATE: January 31,2005 74896.1 -13- RHEA BROSIUS and HAROLD BROSIUS, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5409 CIVIL TERM v. CIVIL ACTION - LAW JOSEPH L. HITCHINGS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO JOSEP~I L HITCHINGS I, STEPHEN M. GREECHER, JR., certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this Defendant in the representation that is the B' te en M. r c Attorney's I.D. No. -36803 Tucker Arensberg, P.C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS subject of the Complaint, fell outside acceptable professional standards and was a cause in bringing about the harm. DATE: ;ft~ S 75293.1 EXHIBIT "A" RHEA E. BROSIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANlA Plaintiff, NO. OJ. - SJtP vs. KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA, ANGELA RENOLDS, CIVIL ACTION-LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sh,:rifffor service upon: Ciu~L'-r~ (") C ?" -D 6~: [prT' ~:x' ~~ !;= '-' ~C'.~ );;0 C ~ ~ Kirkland's, Inc., 3514 Capital Mall Drive, Capital City Mall, Camp Hill, Pennsylvania 17011; Angela Renolds, 8 Mountain Road, Lewisberry, Pennsylvania ,17339. It ' Date: Ib-l~'o>" WPJT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: /lk, /"1 .;t~ (!bA-itd Prothonotary r-...;:; Z ~'::J ,< } C", _~4~ '~" v --,:"\.: !"-.) ~.:;::;C) :.:Sll -., > J.; -< ~) In ~ ~f7A. Q -{:? 71;Cflh~ Deputy EXHIBIT "B" 09473601182005 PYS51"0 Cumberland County Prothonotary's Office Civil Case Print Page 1 2002-05398 BROSIUS RHEA E (vs) KIRKLAND'S INC ET AL Reference No. . : Case Type.. ...: WRIT OF SUMMONS Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time. . . ......: Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 11/06/2002 2:36 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info KIRKLAND'S INC 3514 CAPITAL MALL DRIVE CAPITAL CITY MALL CAMP HILL PA 17011 U-HAUL COMPANY OF NORTH CAROLINA NO ADDRESS PROVIDED RENOLDS ANGELA 8 MOUNTAIN ROAD LEWISBERRY PA 17339 BROSIUS RHEA E PLAINTIFF HITCHINGS JOSEPH LANCE GREECHER STEPHEN M JR POLLOCK JEFFREY M DEFENDANT DEFENDANT DEFENDANT CLOSE THOMAS M ******************************************************************************** * Date Entries * ******************************************************************************** 11/06/2002 12/10/2002 12/10/2002 12/09/2003 1/25/2004 1/26/2004 3/10/2004 3/10/2004 7/16/2004 7/27/2004 8/03/2004 - - - - - - - - - - - - - FIRST ENT~Y - - - - - - - - - - - - - - PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED ------------------------------------------------------------------- SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OF SUMMONS Ret Type.: Regular Litigant.: KIRKLAND'S INC Address..: 3514 CAPITAL MALL DRIVE CAPITAL CITY MALL Cty/St/zp: CAMP HILL, PA 17011 Hna To: JESSICA GREENE, ASST MANAGER Shf/Dpty.: CPL. TIMOTHY REITZ Date/Time: 11/07/2002 1848:00 Costs....: $37.66 Pd By: JOSEPH HITCHINGS 12/10/2002 ------------------------------------.------------------------------- SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OF SUMMONS Ret Type.: Out of County Litigant.: RENOLDS ANGELA Address. .: 8 MOUNTAIN ROAD SERVED 11/19/02 Cty/St/Zp: LEWISBERRY, PA 17339 County Nm: YORK Ret Date.: 12/10/2002 Costs....: $85.52 Pd By: JOSEPH HITCHINGS 12/10/2002 -------------------------------------.------------------------------ ENTRY OF APPEARANCE FOR DEFT KIRKLAND'S INC ONLY - BY JEFFREY M POLLOCK ESQ -------------------------------------.------------------------------ PRAECIPE FOR RULE TO FILE COMPLAINT - BY JEFFREY M POLLOCK ESQ FOR DEFT ------------------------------------------------------------------~ RULE TO FILE COMPLAINT - BY CURTIS R LONG PROTHONOTARY ------------------------------------------------------------------- AFFIDAVIT OF SERVICE OF THE RULE TO F'ILE COMPLAINT ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF APPEARANCE FOR PLFF - BY STEPHEN M GREECHER JR ESQ FOR PLFF ------------------------------------------------------------------- COMPLAINT - BY STEPHEN M GREECHER JR ESQ FOR PLFF ------------------------------------------------------------------- AFFIDAVIT OF' SERVICE FOR COMLAINT - BY JENNIFER M SMITH ------------------------------------------------------------------- DEFENDANT KIRKLAND INC'S PRELIMINARY OBJECTIONS TO PLFF'S COMPLAINT - BY JEFFREY M POLLOCK ESQ FOR DEFT EXHIBIT "e" 09473601182005 PYS51"0 Cumberland County Prothonotary's Office Civil Case Print Page 2 2002-05398 BROSIUS RHEA E (vs) KIRKLAND'S INC ET AL Reference No. . : Case Type.....: WRIT OF SUMMONS Judgment. " . . . . Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- 8/30/2004 9/02/2004 9/20/2004 9/20/2004 9/24/2004 Filed. . . . . . . . : Time.. . . . . . . . : 11/06/2002 2:36 0/00/0000 0/00/0000 .00 Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: PRELIMINARY OBJECTIONS - BY STEPHEN PLAINTIFF'S RESPONSE TO DEFT'S M GREECHER JR ESQ FOR PLFF ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY DEFT KIRKLAND INC'S PRELIMINARY OBJECTIONS TO PLFF'S COMPLAINT - BY JEFFREY M POLLOCK ESQ ------------------------------------------------------------------- ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL - BY THOMAS M CLOSE ESQ ------------------------------------------------------------------- DEFENDANT ANGELA RENOLDS' PRELIMINARY OBJECTIONS TO PLFF'S COMPLAINT - BY THOMAS M CLOSE ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 9/22/04 - IT APPEARING TO THE COURT THA THAT THE ACTION WAS COMMENCED MORE THAT TWO YEARS AFTER THE INCIDENT GIVING RISE TO THE CAUSE OF ACTION DEFT'S PRELIMINARY OBJECTIONS ARE SUSTAINED - THE COMPLAINT IS DISMISSED WITH PREJUDICE - BY THE COURT EDWARD E GUIDO J COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adi End Bal * *****************************************~******:~******************************* WRIT OF SUMMONS TAX ON WRIT SETTLEMENT AUTOMATION FEE JCP FEE 35.00 .50 5.00 5.00 10.00 35.00 .50 5.00 5.00 10.00 .00 .00 .00 .00 .00 55.50 55.50 .00 ************************************************,,******************************* * End of Case Information * ************************************************1r******************************* ~:i~;-~::t,f7~:,~~<':':"~,":;~' r":ARE. HEREBYN9TIFIED ", TOEN%L~~E~ '.'t'l'EN'" ,RESPONSE _ 1'0 ,"_''I'HF. -,.".. 'r"" ,- :- ' ' ,'~-~';' SERVICE HIN. TWENTY (20) DAYS FROB~ ENTERED lEOF OR A .JUDGMEN1' MAY lINSi' YOU. RHEA E. BROSIUS, JOSEPH L. HITCHINGS A'ITORNEY AT LAw 203 WEST CARACAS AVENUE ~,.oo_-"S.~!~E 201 HERSHEY, PENNSYLVANIA 1 7033 TELEPHONE: 717-534.2600 FAX: 717.534-1344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA I DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILE~_ ~:':'';iii.:;ri.CTION. ATTORNEY ORNEY Plaintiff, NO. 0 ~r - 3 3.3 e.;(J~ l '-r~1v) CIVIL ACTION-LAW vs. WILLIAM M. DILLMAN, Jr. Defendant JURY TRIAL DEMANDED C) 0 0 C w ., :s:: <- "'Om :Do ~i z " F" N '.''',:"71 N _~50 i-"\L ~O :> g~ ~O ::JI:: :>8 - ~ .. ~ N 51 ....J -< PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned acton. Writ of Summons shall be issued and forwarded to Sheriff for service upon: William M. Dllman, Jr., 79 Greenwood Drive, New Cumberland. Pennsylvania 17070. Date: I / A C /: . , ) "'1 '.. . I I I A '. !. (L!C~":'.. loseph L. Hitchings: Esquire Attorney I.D.# 65551 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvarria 17033 Telephone: (717) 534.2600 Fax: (717) 534-1344 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ,J'dA.:J ~ ~f ~06 0 ~-Vl-k} Prothonotary TRUE COpy FAOM RECORD /1 In Teslimooy Wtl&rool, I r,t'rfJ unto set my han:' ~ ~A 0..... t? , 300 tile seal saId Coo at Call1sla. Pa. Deputy Tn y ~ ~J.)~XHIBIT "D" ~hom)13rv v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pi::NNSYLVANIA CIVIL ACTION - LAW RHEA E. BROSIUS, Plaintiff KIRKLAND'S, INC., U-HAUL COMPANY OF NORTH CAROLINA,: ANGELA REYNOLDS, Defendants NO. 02-5398 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of September, 2004, it appearing to the Court that the action 'das commenced more than two years after the incident giving rise to the cause of action, Defendant's preliminary objections are sustained. The complaint is dismissed with prejudice. Edward E. Guido"J. iphen For the M. Greecher, Jr., Esquire Plaintiff Jeffrey M. Pollock, Esquire For the Defendant Kirkland's, Inc. Thomas M. Close, Esquire For the Defendant U-Haul Company of North Carolina Angela Reynolds srs TRUE COPY FROM RECORlJ In r~<:tlmony Yolhenlof. I here umo set my hall<! '.:13 sql 011 said ~ at Carlisle, Pa. 'I; ~ ~;~ :~y tf;~~:' ~ 'I . ~~-'J ~ J # l Prothonot!Jv EXHIBIT "E" VERIFICATION I, the undersigned Plaintiff, HAROLD BROSIUS, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. 0[-rf/&U4~ ~OSi 73935.1 VERIFICATION I, the undersigned Plaintiff, RHEA BROSIUS, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. !/4904 relating to unsworn falsification to authorities. 73935.1 CERTIFICATE OF SERVICE AND NOW, this 3JP-k day of JANUARY, 2005, I, .Iacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Edwin AD. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 ATTORNEYS FOR DEFENDANT Jac~~/:phr~ 75342.1 j," ;:- l"",,' CJ -'It ,- (,,) ~.., C) f",,', RHEA BROSIUS and HAROLD BROSIUS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO.: 04-5409 JOSEPH L. HITCHINGS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Rhea and Harold Brosius c/o Stephen Greecher, Jr., Esquire Tucker Arensburg, PC 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 You are hereby notified to file a written response tlO the enclosed Answer and New Matter pursuant to Pa.R.C.P. 1030 within 20 days from se,rvice hereof or a judgment may be entered against you. ANSWER AND NEW MATTER OF DEFENDANT. JOSEPH L. HITCHINGS. TO PLANTIFFS' COMPLAINT AND NOW, comes Defendant, Joseph L. Hitchings, by and through his counsel, McKissack & Hoffman, P. C., and respectfully provides the for<egoing Answer and New Matter to Plaintiffs' Complaint: 1. Defendant is without sufficient information to admit or deny the averments contained in 'll1 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 2. Admitted in part, denied in part. It is admitted that Defendant, Joseph L. Hitchings, is an adult individual licensed to practice law in the Commonwealth of Pennsylvania with offices located at 4807 Jonestown Road, Harrisburg, PA, 17109. The remaining averments, and all inferences to be garnered therefrom, are denied as stated and as such, strict proof thereof is demanded at the time of trial. 3. Admitted in part, denied in part. It is admitted that a document purported to be a Certificate of Merit was attached as Exhibit "A" to Plaintiffs' Complaint. It is specifically denied that there is any merit to the underlying claim and as such, strict proof thereof is demanded at the time oftrial. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Defendant is without sufficient information to admit or deny the averments contained in 1)9 of Plaintiffs' Complaint and strict proof thereof is demanded at the time of trial. 10. Paragraphs 1 through 9 are incorporated herein by reference as if more fully set forth at length. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16(a-g). The averments contained in ~16, and all subparagraphs contained thereunder, represent conclusions of law to which no responsive is required. If it is later judicially determined that a response is so required, the averments contained in ~16, and all subparagraphs contained thereunder, are specifically denied and strict proof thereof is demanded at the time of triaL 17. The averments contained in ~17 of Plaintiffs' Complaint represent a conclusion of law to which no response is required, If it is later judicially determined that a response is so required, the averments contained in ~17 are specifically denied and strict proof thereof is demanded at the time of triaL 18. The averments contained in ~18 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~18 are specifically denied and strict proof thereof is demanded at the time of triaL 19. The averments contained in ~19 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~19 are specifically denied and strict proof thereof is demanded at the time of triaL 20(a-d). The averments contained in ~20, and all subparagraphs contained thereunder, represent conclusions of law to which no responsive is required. If it is later judicially determined that a response is so required, the averments contained in ~20, and all subparagraphs contained thereunder, are specifically denied and strict proof thereof is demanded at the time of triaL 21. The averments contained in ~21 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~21 are specifically demied and strict proof thereof is demanded at the time of triaL 22. The averments contained in ~22 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~22 are specifically denied and strict proof thereof is demanded at the time of trial. 23. The averments contained in 1[23 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~23 are specifically denied and strict proof thereof is demanded at the time of trial. 24. The averments contained in 1[24 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~24 are specifically denied and strict proof thereof is demanded at the time of trial. 25. Admitted in part, denied in part. It is admitted that the civil action captioned Rhea Brocius v. Kirkland's. Inc., U-Haul Companv of North Carolina and Anqela Revnolds as Docketed 025398 in the Court of Common Pleas of Cumberland County was ultimately dismissed by an Order of Court authored by Judge Edward E. Guido on September 22, 2004. The remaining averments, and all inferences to be garnered therefrom, as set forth in 1[25 of Plaintiffs' Complaint represent conclusions of law to which no n~sponse is required. 26. The averments contained in ~26 are specifically denied and strict proof thereof is demanded at the time of trial. 27. The averments contained in 1[27 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~27 are specifically denied and strict proof thereof is demanded at the time of trial. 28. The averments contained in ~28 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in ~28 are specifically denied and strict proof thereof is demanded at the time of trial. COUNT I Rhea Brosius v. Joseph L. Hitchinas 29. Paragraphs 1 through 28 are incorporated hemin by reference as if more fully set forth at length. 30. The averments contained in 1130 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1130 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joseph L. Hitchings, respectfully requests this Honorable Court enter judgment in his favor and dismiss Plaintiffs' Complaint with prejudice and further grant Defendant all such further relief as is proper and just. COUNT II Harold Brosius v. Joseph L. HitchinQs 31. Paragraphs 1 through 30 are incorporated herein by reference as if more fully set forth at length. 32. The averments contained in 1132 of Plaintiffs' CClmplaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1132 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joseph L. Hitchings, respectfully requests this Honorable Court enter judgment in his favor and dismiss Plaintiffs' Complaint with prejudice and further grant Defendant all such further relief as is proper and just. 33. Paragraphs 1 through 32 are incorporated herein by reference as if more fully set forth at length. 34. Admitted. 35. Admitted. 36. Admitted. 37. Admitted. 38. Admitted. 39. The averments contained in '1139 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in '1139 are specifically denied and strict proof thereof is demanded at the time of trial. 40(a-g). The averments contained in '1140, and all subparagraphs contained thereunder, represent conclusions of law to which no responsive is required. If it is later judicially determined that a response is so required, the aVl3rments contained in '1140, and all subparagraphs contained thereunder, are specifically denied and strict proof thereof is demanded at the time of trial. 41. The averments contained in '1141 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in '1141 are specifically denied and strict proof thereof is demanded at the time of trial. 42. The averments contained in '1142 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in '1142 are specifically denied and strict proof thereof is demanded at the time of trial. 43(a-d). The averments contained in 1143, and all subparagraphs contained thereunder, represent conclusions of law to which no responsive is required. If it is later judicially determined that a response is so required, the averments contained in 1143, and all subparagraphs contained thereunder, are specifically denied and strict proof thereof is demanded at the time of trial. 44. The averments contained in 1144 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1144 are specifically denied and strict proof thereof is demanded at the time of trial. 45. The averments contained in 1145 of Piaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1145 are specifically denied and strict proof thereof is demanded at the time of trial. 46. The averments contained in 1146 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1146 are specifically denied and strict proof thereof is demanded at the time of trial. 47(a-c). The averments contained in 1147, and all subparagraphs contained thereunder, represent conclusions of law to which no responsive is required. If it is later judicially determined that a response is so required, the aVElrments contained in 1147, and all subparagraphs contained thereunder, are specifically denied and strict proof thereof is demanded at the time of trial. 48. The averments contained in 1148 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1148 are specifically denied and strict proof thereof is demanded at the time of trial. 49. The averments contained in 1149 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1149 are specifically denied and strict proof thereof is demanded at the time of trial. 50. The averments contained in 1150 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1150 are specifically denied and strict proof thereof is demanded at the time of trial. 51. The averments contained in 1151 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1151 are specifically denied and strict proof thereof is demanded at the time of trial. 52. The averments contained in 1152 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1152 are specifically denied and strict proof thereof is demanded at the time of trial. 54. The averments contained in 1154 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1154 are specifically denied and strict proof thereof is demanded at the time of trial. COUNT III Rhea Brosius v. Joseph L. HitchinQs 55. Paragraphs 1 through 54 are incorporated here,in by reference as if more fully set forth at length. 56. The averments contained in 1]56 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1]56 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joseph L. Hitchings, respectfully requests this Honorable Court enter judgment in his favor and dismiss Plaintiffs' Complaint with prejudice and further grant Defendant all such further relief as is proper and just. COUNT IV Harold Brosius v. Joseph L. Hitc:hinQs 57. Paragraphs 1 through 56 are incorporated heredn by reference as if more fully set forth at length. 58. The averments contained in 1]58 of Plaintiffs' Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 1]58 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joseph L. Hitchings, respectfully requests this Honorable Court enter judgment in his favor and dismiss Plaintiffs' Complaint with prejudice and further grant Defendant all such further relief as is proper and just. NEW MATTER 59. Defendant respectfully incorporates the responses set forth in Paragraphs 1 through 58, inclusive, hereinabove as if more fully set forth herein at length. 60. Any and all claims asserted by the Plaintiffs against Defendant in this matter are barred by the statute of limitations to the extent that facts as developed in future discovery may implicate. 61. Plaintiffs' alleged damages, if any, were not proximately caused by the actions or inactions of Defendant, to the extent facts as developed in future discovery may implicate. 62. The negligent acts and/or omissions of other individuals or entities constitutes an intervening and/or superseding cause of the damages alleged, if any, to have been sustained by the Plaintiffs in this matter to the extent facts as developed in future discovery may implicate. 63. Plaintiffs' alleged damages, if any, were caused by the acts and/or omissions of a person or persons other than Defendant to the extent that facts as developed in future discovery may implicate. 64. Plaintiffs' alleged damages, if any, were caused by acts, omissions or factors beyond Defendant's control or legal right to control to the Elxtent that facts as developed in future discovery may implicate. 65. Plaintiffs may have already entered into a release and/or voluntary discharge with other individuals, entities or judicial bodies which may have the effect of discharging any liability of Defendant to the extent that facts as developed in future discovery may implicate. 66. Plaintiffs' claims are barred and/or limited under the doctrine of consent to the extent that facts as developed in future discovery may implicate,. 67. Plaintiffs' claims are barred and/or limited under the doctrine of estoppel to the extent that facts as developed in future discovery may implicate. 68. Plaintiffs' claims are barred and/or limited under the doctrine of failure of consideration to the extent that facts as developed in future discovery may implicate. 69. Plaintiffs' claims are barred and/or limited UndE!r the doctrine of waiver to the extent that facts as developed in future discovery may implicate. 70. Plaintiffs' Complaint fails to set forth any claim for which relief may be granted. 71. Plaintiffs' Complaint fails to allege cognizable damages. 72. Plaintiffs have not sustained any damage. 73. Inasmuch as the Pennsylvania Rules of Civil Procedure, specifically Rule 1032, provides that a party waivers all defenses not presented by way of answer, Defendant, upon advise of counsel, hereby asserts all affirmative defenses as set forth in the Pennsylvania Rules of Civil Procedure 1030 those defenses to include in addition to the defenses already enumerated above, assumption of the risk, consent, contributory negligence, discharge in bankruptcy, estoppel, failure of consideration, illegality, immunity from suit, impossibility of performance, justification, latches, license, payment, privilege, release, statute of frauds, statute of limitations, truth and waiver, with these said affirmative defenses being subject to demonstration during the discovery process and proof, as relevant, at the time of trial. Respectfull'y submitted, By: McKissock & Hoffman, P.C. ~,?; Edwin A.D. Schw ire Attorney 1.[1. No.: 02 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: /"1'" ~z":: ....s- Attorneys for Defendant, Joseph L. Hitchings VERIFICATION I, Joseph Hitchings, hereby verify that the statements in Defendant's Answer and New Matter are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. ) )JI?J/l1 i ,.1 ,I . l .1 "JL ~PhL.- Hit hings \" '~, Dated: J.. III 1.,5 , CERTIFICATE OF SERVICI5 hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-088H (Counsel for Plaintiffs) McKissock & Hoffman, P.C. By: Edwin A.D. Schwa , squire Attorney I.D. No.: 75902 2040 Lingllestown Road Suite 302 Harrisbuq~, PA 17110 (717) 540-3400 Date: /~ ",&:;,.6 or Attorneys for Defendant, Joseph L. Hitchings ~ -Y D '" T r-., ':l; '''"1'""-- :.,-, >S. s., ~ ~ tP "" """Q, :;L ""'1' -S' --~ Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS and HAROLD BROSIUS, v. NO. 04-5409 CIVIL TERM CIVIL ACTION - LAW JOSEPH L. HITCHINGS, Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER 59. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 58 of the Complaint in response to Paragraph 59. 60. The averments contained in Paragraph 60 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations are denied in that suit was filed in this matter prior to the running of the applicable statute of limitations. 61. The averments contained in Paragraph 61 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 61 are denied pursuant to the Rules of Civil Procedure. 62. The averments contained in Paragraph 62 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 62 are denied pursuant to the Rules of Civil Procedure. 63. The averments contained in Paragraph 63 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, Plaintiffs allege, as set forth in the Complaint, that the acts or omissions of .. Defendant were the cause of the harm claimed by Plaintiffs. Any acts or omissions by any other person or persons do not relieve Defendant of liability or reduce or diminish the damages for which Defendant is liable to Plaintiffs. 64. The averments contained in Paragraph 64 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 64 are denied pursuant to the Rules of Civil Procedure. 65. Denied. Plaintiffs have not entered into any release or voluntary discharge with any other individuals, entities or judicial bodies. 66. The averments contained in Paragraph 66 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 66 are denied pursuant to the Rules of Civil Procedure. 67. The averments contained in Paragraph 67 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 67 are denied pursuant to the Rules of Civil Procedure. 68. The averments contained in Paragraph 68 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 68 are denied pursuant to the Rules of Civil Procedure. 69. The averments contained in Paragraph 69 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed -2- ... to be factual, the allegations of Paragraph 69 are denied pursuant to the Rules of Civil Procedure. 70. The averments contained in Paragraph 70 of Defendant's New Matter represent a conclusion of law to which no response is required. 71. The averments contained in Paragraph 71 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations are deemed to be factual, the allegations of Paragraph 71 are denied pursuant to the Rules of Civil Procedure. 72. Denied. The allegations of Paragraph 72 are denied in accordance with the Rules of Civil of Procedure. Plaintiffs have in fact sustained damages as set forth in the Complaint for which damages Defendant is liable to Plaintiffs as set forth in the Complaint. 73. The averments contained in Paragraph 73 of Defendant's New Matter represent a conclusion of law to which no response is required. To the extent the allegations of Paragraph 73 are deemed to be factual, the allegations are denied in accordance with the Rules of Civil Procedure. Respectfully submitted, DATE: March 3, 2005 75823.1 -3- VERIFICATION I, the undersigned Plaintiff, RHEA BROSIUS, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. ~~ ,00. 1 v... Rhe Brosius 73935.1 ~ " VERIFICATION I, the undersigned Plaintiff, HAROLD BROSIUS, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.SA S 4904 relating to unsworn falsification to authorities. 1~tt~, 73935.1 " " CERTIFICATE OF SERVICE AND NOW, this "3 f<f) day of MARCH, 2005, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiffs, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 LingJestown Road, Suite 302 Harrisburg, PA 17110 ATTORNEYS FOR DEFENDANT 75342.1 ~~ ~~v Jacquelyn eltJemoyer .',..l ,'-) -..,;,,.. :::1 : .,,~ ,,"-' 1- ~l ->"'~' c') u;:o - .. '. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROSIUS RHEA ET AL VS HITCHINGS JOSEPH L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HITCHINGS JOSEPH L but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On November 22nd, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 31.25 .00 68.25 11/22/2004 TUCKER ARENSBERG Sworn and subscribed to before day OfC)AJu-t'Lly A.D. this ~e -:J1J7J ,~ ~ 0 flI1~;Rl,-J 1~ Prothonotary' mas Kline ff of Cumberland County me . in The Court of Common Pleas of Cumberland County, Pennsylvania Rhea Brosius et al . vs. Joseph L. Hitchings 04-5409 civil No. Now, OctoQer 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made atthe request and risk of the Plaintiff. ~r-J/ 0:' r~~~~~~.R Sheriff of Cum berland County, P A Affidavit of Service Now, M. served the 0' clock ,20_, at within upon o 0 at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ,. .. @Hice llf t4r ~4rriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BROSIUS RHEA vs County of Dauphin HITCHINGS JOSEPH L Sheriff's Return No. 6869-T - -2004 OTHER COUNTY NO. 04 5409 AND NOW:November 12, 2004 at 2:30PM served the within PRAECIPE FOR WRIT OF SUMMONS upon HITCHINGS JOSEPH L by personally handing to JUSTIN MCSHANE-LAW PARTNER 1 true attested copy(ies) of the original PRAECIPE FOR WRIT OF SUMMONS and making known to him/her the contents thereof at 4807 JONESTOWN ROAD OFFICE 242 HARRISBURG, PA 17109-0000 Sworn and subscribed to So Answers, JK~ before me this 15TH day of NOVEMBER, 2004 Sheriff of Dauphin County, Pa. ~ By Deputy Costs: $3l. RCPT NO PD 11/02/2004 201068 NOT ARlAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Sheriff's WS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: OS/23/2005 MCS on behalf .pf ~ . A f. z; (,; (d..u'{/>v U. V. ~A1-~'?'A-i-j,. EDWIN A.D. SCHWARTZ, ESQ. CJ Attorney for DEFENDANT /r DEll-56298490396-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579-433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396-COl LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSlUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTlTUTE OF PA. (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHED RIDER .... at The MCS Group Inc 1601 Market Street Suite ROO Philadelphia PA 19]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 FOLLOWING PERSON: NAME: ADDRESS: EDWIN A.D. SCHWARTZ. ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG. PA 17110 TELEPHONE: (2]5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ~\ (_ ;;) II J t"Y>S Seal of the Court BY THE COURT: ;;t!, (JVl.~' .R- tfY Prothonotary/Clerk, Civil Divie;- <:::15/~ (h ~ 97fl7A4/ eputy 90396-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 90396 RHEA E. BROSIUS 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SUI0-561864 90396 -LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4003.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: O~ -5~09 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule ~009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562985 90396 - L 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579-433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396-COl LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: I ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTH SOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396-COl COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04- 5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KFYSTONE SPINE 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 TheMeS Graun Inc 1601 Market Street Suite 800 Phi1adelpbia FA 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: EDWIN A.D. SCHWARTZ. ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG FA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Ll--,uL .J I ~{0S' ---I2f I Prothonotary/Clerk, Civil Di C-~<I e.P7f,/7At~ Deputy Seal of the Court 90396-02 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER 1521 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 RE: 90396 RHEA E. BROSIUS 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 8U10-561866 90396-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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, OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562986 90396-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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 I TO, STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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, 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ; ESQ. Attorney for DEFENDANT CC, EDWIN A.D. SCHWARTZ, ESQ. - 579 -433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396 -CO]' LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY IS) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S} MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396 -CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPAEDIC SURGEONS OF (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 1601 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: EDWIN A.D. SCHWARTZ. ESO. 2040 LING! ,FSTOWN ROAD SUITE 302 HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil D' ~(J~eP.771~ Deputy c Date: {)ptU-{ . ;{ I ;:> {>A <;' , Seal of the Court 90396-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC SURGEONS OF CENTRAL PENNSYLVANIA, L TD 4518 UNION DEPOSIT HARRISBURG, PA 17111 RE: 90396 RHEA E. BROSIUS 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 eXanlination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561868 90396 -LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO, 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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, OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562987 90396 - L 04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -vs- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579-433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-29991990396-COJ.. --- LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. - MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY IS) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396-COJ.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DUBOIS REGIONAl MED CTR. (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 TTACHED RIDER .... at TheMCSGrmJp Inc 1601 Market Street Suite 800 Philadelphia PA ]9]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 FOLLOWING PERSON: NAME: ADDRESS: EDWIN A.D. SCHWARTZ. ESO. 2040 I.INGLESTOWN ROAD SUITE 302 HARRISBURG.PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: --'1p1L~ L :J', :J ,.""s Seal of the Court ~ ~-f? ?r&-~ Deputy 90396-04 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUBOIS REGIONAL MED. CTR. 100 HOSPITAL A VB. DUBOIS, PA 15801 RE: 90396 RHEA E. BROSIUS 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 billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any eXanlination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561870 90396 -LO 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO, 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562988 90396 - LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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 I TO: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579-433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-29991990396-COJ.. LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396-COJ.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DUBOIS REGIONAL MED CTR. (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 RlDER **** at TheMCSGroup lnc 1601 Market Street Suite ROO Philadelnhia FA ]9]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 FOLLOWING PERSON: NAME: ADDRESS: EDWIN A.D. SCHW ARIZ. ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant c. a 17_ . -t! .7tzt"/l~ Deputy Date: (). prt-ll. ,,2/, ;).{)6S Seal of the Court 90396-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUBOIS REGIONAL MED. CTR. I 00 HOSPITAL AVE. DUBOIS, PA 15801 RE: 90396 RHEA E. BROSIUS 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561872 90396-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO, 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562989 90396 - L 06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -vs- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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, 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579 -433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396-COJ.. - LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL HILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-29991990396-COJ.. COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEAL THSOUTH-DlAGNOSTIC CTRS. (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 TheMeS Group lnc 1601 Market Street Suite ROO Philadelnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: EDWIN A.D. SCHWARTZ. ESO. 2040 LINGJ.F.STOWN ROAD SUITE 302 HARRISBURG. P A 17110 TELEPHONE: (215\ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: Date: /.}pt'l..ll .J', 2/'Y>S '--Th~O"7 e. P.I?zC/7~ eputy Seal of the Court 90396-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH-DIAGNOSTIC CTRS. 4349 CARLISLE PIKE CAMP HILL" PA 17011 RE: 90396 RHEA E. BROSIUS 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, correspondenGe 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561874 90396 -LO 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO, 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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, OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562990 90396-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -vs- CASE NO, 04-5409 JOSEPH L. HITCHINGS 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 I TO: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC, EDWIN A.D. SCHWARTZ, ESQ. - 579 -433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396-COJ.. LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396-COJ.. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHED RIDER .... at TheMCSGroup Inc 1601 Market Street Suite 800 Philadelphia PA 19]01 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 TIlE FOLLOWING PERSON: NAME: ADDRESS: EDWIN A.D. SCHWARTZ. ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: _BP(Ll L Prothonotary/Clerk, Civil D' n arhJ J?71z0U4~ Deputy c J. I. ;:> Ct'~r Seal of the Court 90396-07 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 90396 RHEA E. BROSIUS 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 billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SUlO-56187690396-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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, OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562991 90396-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -vs- CASE NO, 04-5409 JOSEPH L. HITCHINGS 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: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579-433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396-COJ.. LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. . MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396-COJ.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSlUS File No. 04- 5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHED RIDER .... at The MCS Grmlj) Ine 1601 Market Street Suite ROO Philadelnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: EDWIN A.D. SCHWARTZ. ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ()p.ajI ;; J I 21X>S Prothonotary/Clerk, Civil (C ~~ ,2.7izo,/2/~ Deputy Seal of the Court 90396-08 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 90396 RHEA E. BROSIUS 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561878 90396 -LO 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-562992 90396 - L 09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF, COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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, STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. intends to serve a subpoena identical to tbe 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579-433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396 -CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY(S) MEDICAL, 8ILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396-COJ.. COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04- 5 409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAMP HILL FIRF CO. AMBULANCE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite ROO Philadelphia FA ]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: EDWIN A.D. SCHWARTZ. ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG.PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: Date: {JpuL ::l' -:J.rJbS I c Seal of the Court 90396-09 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAMP HILL FIRE CO. DEPT OF EMS 2198 WALNUT STREET CAMP HILL, PA 17011 RE: 90396 RHEA E. BROSIUS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS Subject: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561880 90396-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -vs- CASE NO, 04 -5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: OS/23/2005 EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT DEll-56299390396-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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: STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/03/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ.. Attorney for DEFENDANT CC, EDWIN A.D. SCHWARTZ, ESQ. - 579 -433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-299919 90396-COJ.. LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ORTHOPEDIC INSTITUTE OF PA. KEYSTONE SPINE CENTER ORTHOPAEDIC SURGEONS OF DUBOIS REGIONAL MED. CTR. DUBOIS REGIONAL MED. CTR. HEALTHSOUTH-DIAGNOSTIC CTRS. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CAMP HILL FIRE CO. STEPHEN J. SNOKE, D.O. MEDICAL, BILLING, AND X-RAY IS) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) DE02-299919 90396 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS FileNo. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for STEPHEN J. SNOKE 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 TheMCSGrolln Ine ]601 Market Street Suite ROO Philadelphia 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: EDWIN A.D. SCHWARTZ. ESO. 2040 I .INGLESTOWN ROAD SUITE 302 HARRISBURG PAl 7110 TELEPHONE: 1215\ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant {J P" L ( Date: .:{ ( 2( JA.. (" , Deputy Seal of the Court 90396-10 EXPLANA TION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STEPHEN J. SNOKE, D.O. 1800 CARLISLE ROAD CAMP HILL, PA 17011 RE: 90396 RHEA E. BROSIUS 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-561882 90396-Ll0 -1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS - CASE NO: 04-5409 JOSEPH L. HITCHINGS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 06/06/2005 MCS on behalf of~ i _ J (7/ Cdac.UJ.. Q. LJ. sV~UII~, ~ . EDWIN A.D. SCHWARTZ, ESQ. d vr Attorney for DEFENDANT DEll-565512 90396 -Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS RHEA BROSIUS AND HAROLD BROSIUS TERM, -VS- CASE NO: 04-5409 JOSEPH L. HITCHINGS 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:. STEPHEN M. GREECHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of EDWIN A.D. SCHWARTZ, 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: 05/16/2005 MCS on behalf of EDWIN A.D. SCHWARTZ, ESQ. Attorney for DEFENDANT CC: EDWIN A.D. SCHWARTZ, ESQ. - 579 -433 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-301111 903 96 - C 01 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 ALEXANDER KALENAK, M.D. MEDICAL, BILLING, AND X-RAY(S) DE02-301111 90396-COl -----, COMMONWEALTH OF PENNSYLVANIA COUNTY Of CUMBERLAND RHEA BROSIUS AND HAROLD BROSIUS File No. 04-5409 vs. JOSEPH L. HITCHINGS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALEXANDER KALENAK. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. IDe 1601 Market Street. Suite 800 Philadelphia. P A 19103 Yau 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: EDWIN A.D. sciIw ARTZ, ESO. 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: (Y2 'el.'i L ~o6S I Seal of the Court 90396-11 EXPLANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER KALENAK, M.D. 755 NORMAN DRIVE LEBANON INTERNAL MED LEBANON, PA 17042 RE: 90396 RHEA E. BROSIUS 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: RHEA E. BROSIUS 474 OLD STAGE ROAD, LEWISBERRY, PA 17339 Social Security #: 191-46-1603 Date of Birth: 03-06-1956 SU10-564696 90396-Lll 0 ,....." 0 <= c = "'Tl ~~ c:.n L :::! c:: rt,:n -.".- r- ~ -om f -r)? \D r-". '2,0 ~1-'~ -0 ~? ~rS =~ ;'";m w ,,,..,,J -I '1> f'..) :-;0 W ><< ...--- Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5409 CIVIL TERM RHEA BROSIUS and HAROLD BROSIUS, v. CIVIL ACTION. LAW JOSEPH L. HITCHINGS, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE. TO PROTHONOTARY, CUMBERLAND COUNTY: Please mark the above captioned action settled and discontinued with prejudice. ep en M. G er, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-41:21 ATTORNEYS FOR PLAINTIFFS ~~~~: (p61o)~ r-> '.::-:=> c.:;:':) c.n L') r'~ -- i o. _~=; () -n -l .. f:I1~,": ~.;; t~.} ~,,:::~ (~) ,g??' s! :D .< _l ~ 0) co (.n