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HomeMy WebLinkAbout04-5424 ANGINO & ROVNER, p.e. Michael E. Kosik, Esquire Attorney 10#: 36513 4503 North Front Street Harrisburg, PA 17110.1708 (717) 238.6791 FAX (717) 238.5610 Attorneys for Plaintifl(s) E-mail: mkosik@angino~rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Defendant CIVIL ACTION - LAW/) (--r- NO. CLI -Stl~y L:IUlL. /82...w) JURY TRIAL DEMANDED v. JOHN DENSHAM, NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 285486 II KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW NO. JOHN DENS HAM, Defendant JURY TRIAL DEMANDED NOTlCIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo aI partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cuaIquier queja 0 aIivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIeIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DIREeeION SE ENCUENTRA ESeRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENeIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 285486 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Defendant CIVIL AenON-LAW /)_ CC- NO. 04 - S'-I J.. Cf L l '-' L I f.n...( JURY TRIAL DEMANDED v. JOHN DENSHAM, COMPLAINT 1. Plaintiffs Kevin and Janett Bailey are adult individuals, citizens of the Commonwealth of Pennsylvania, who reside at 38 Wooded Run Drive, Dillsburg, York County, Pennsylvania. 2. Defendant John Densham is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 1270 Sandy Lane, Boiling Springs, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on Friday, December 13, 2002 at approximately 5: 19 p.m. on the on-ramp from Route 114 where it intersects with US Route 15 South in Upper Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Janett Bailey was a front seat passenger in the 1999 Ford F150 operated by her husband, Plaintiff Kevin Bailey. 5. At the time and place, Plaintiffs Kevin and Janett Bailey's pick-up truck was at a complete stop at a stop sign at the end of the on-ramp to US Route 15 South. 6. At the time and place, Defendant John Densham was operating his 2002 Chevrolet 1500 Silverado pick-up truck traveling south on the on-ramp from Route 114 at US Route 15 South. 1 7. At that time and place, Defendant John Densham operated his pick-up truck at a high rate of speed without paying attention to traffic and, suddenly and without warning, violently slanuned into the rear of the Plaintiffs Kevin and Janett Bailey's vehicle. 8. Defendant John Densham was extremely intoxicated when he allowed his vehicle to strike Plaintiffs Kevin and Janett Bailey's vehicle. 9. Defendant John Densham knew or should have known that operating a motor vehicle while extremely intoxicated would endanger other persons on the roadway. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Kevin and Janett Bailey are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant John Densham operated his vehicle as follows: (a) (b) (c) (d) (e) (f) (g) (h) (i) 285486 failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; failure to travel at a safe speed; failure to apply his brakes in sufficient time to avoid striking the rear of the Bailey vehicle; failure to take reasonable evasive action to avoid the accident; failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; failure to keep proper and adequate control over his vehicle; driving the vehicle while intoxicated or otherwise impaired; and driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and 2 safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I KEVIN BAILEY V. JOHN DENSHAM 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference. 12. Plaintiff Kevin Bailey sustained painful and severe injuries which include but are not limited to low back sprain/strain, mid-back sprain/strain, herniated disc in lumbar spine which required surgery and contusions as well as general shock to his nervous system. 13. By reason of the aforesaid injuries sustained by Plaintiff Kevin Bailey, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 14. Because of the nature of his injuries, Plaintiff Kevin Bailey has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Kevin Bailey has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss ofIife's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Kevin Bailey has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Kevin Bailey demands judgment against Defendant John Densham in an amount in excess of Twenty-Five Thousand $25,000 Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 285486 3 CLAIM II JANETT BAILEY V. JOHN DENSHAM 17. Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by reference. 18. Plaintiff Janet! Bailey sustained painful and severe injuries which include but are not limited to upper back sprain/strain, mid-thoracic sprain/strain, lower neck sprain/strain, shoulder pain and contusions as well as general shock to her nervous system. 19. By reason of the aforesaid injuries sustained by Plaintiff Janett Bailey, she was forced to incur liability for rnedical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 20. Because of the nature of her injuries, Plaintiff Janet! Bailey has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 21. As a result of the aforementioned injuries, Plaintiff Janett Bailey has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 22. As a result of the aforementioned injuries, Plaintiff Janett Bailey has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Janet! Bailey demands judgment against Defendant John Densham in an amount in excess of Twenty-Five Thousand $25,000 Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 285486 4 CLAIM III KEVIN BAILEY V. JOHN DENSHAM 23. Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein by reference. 24. As a result of the aforementioned injuries sustained by his wife, Plaintiff Janett Bailey, Plaintiff Kevin Bailey has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to him great detriment, and claim is made therefor. WHEREFORE, Plaintiff Kevin Bailey demands judgment against Defendant John Densham in an amount in excess of Twenty-Five Thousand $25,000 Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM IV JANETT BAILEY V. JOHN DENSHAM 25. Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein by reference. 26. As a result of the aforementioned injuries sustained by her husband, Plaintiff Kevin Bailey, Plaintiff Janett Bailey has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiff Janett Bailey demands judgment against Defendant John Densham in an amount in excess of Twenty-Five Thousand $25,000 Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 285486 5 CLAIM V KEVIN BAILEY AND JANETT BAILEY V. JOHN DENSHAM 27. Paragraphs 1 through 26 of Plaintiffs' Complaint are incorporated herein by reference. 28. Before the subject motor vehicle accident, Defendant John Densham consumed alcoholic beverages, or other drugs, which caused him to become intoxicated. 29. Defendant John Densham while impaired and under the influence of drugs and/or alcohol drove his truck at an excessive rate of speed, well in excess of the posted speed limit. 30. After consuming alcoholic beverages, or other drugs, Defendant John Densham knew or should have known that he was severely intoxicated and unable to safely operate a motor vehicle. 31. Defendant John Densham knew or should have known that his operation of a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights of others on the highway. 32. Defendant's direct collision with the rear-end of the motor vehicle in which Plaintiffs Kevin and Janet Bailey occupied displayed willful, negligent and reckless indifference towards the rights of others on the highway. 33. Defendant's conduct constitutes wanton and willful negligence, is outrageous and entities Plaintiffs Kevin and Janet Bailey to an award of punitive damages. WHEREFORE, Plaintiffs Kevin and Janet! Bailey demand judgment against Defendant John Densham in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive 285486 6 of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 10/26/04 285486 Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel for Plaintiffs 7 VERIFICATION I, KEVIN BAILEY, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of tlJ.e Rules of Civil Procedure relating to unsworn falsification to authorities. /Zc U 6~BAILEY /7 Dated: 10 - J f - 0 '-( I VERIFICATION I, JANETT BAILEY, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. c~ Pn;;1I11/ .ti'\NETT BAiLEY~1 Dated: ID.lg.D~ f::J ~ i9. 1J:. 'i cr, (") ....., ,:-_~. <::> 0 !I't C::.:;l ;;;:~: ..,.- -, ") ~ 0 :f! "'- .... l/1 ('''") G --I hi:D r'. p 10 ~ l'-) -om ~ OJ 156 ""<r:I .., ( -U :~;: =ii cg, - fA- 3:. \)('5 l);' DrrJ ~ ....1 1- Ul 55 .E:"' .< -....", ...." DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg., PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly enter the appearance of Howard D. Kauffinan, Esquire, as counsel for Defendant, John Densham in the above-captioned matter. Respectfully submitted, DEVLIN ASSOCIATES, P.C. ~ ~ By: , How aD. Kauffinan, Esquire Supreme Court LD. No. 38963 100 Pine Street, Suite 260 Harrisburg, P A 17101 (717) 720-0700 Attorneys for Defendant, John Densham DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717)72~7oo John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : WRY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this i Dt'lA.. day of November, 2004, I, Howard D. KaufIinan, Esquire of the Law Offices of Devlin Associates, P. c., co-counsel for Defendant, John Densham, affirm that I served the foregoing Praecipe by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: M~haeIE.Kos~,Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. BY:~.. H04~uffman, Esquire CI ~-,.-' r ::::' ~~.' ("') C"" --, : ~l l ' ~ ,I z :) " ". ,- f-....;) ~:" c..:....l ../.- o -j I ::;1 f ii ::n r- ...r'r~ :dt~";' :-" r ~~:, C) ~,,~ 7:1 ';. ('; ~'''1 rrl ;OJ} ;:1:1 0.<: -~ ~..,.. t.:') tIiIt;.:: 0"\ ~-"" -.". ..(,::- c.n DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 1710] Phone: (7]7) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /2. fA day of November, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the foregoing Defendant's Request for Production of Documents Directed to Plaintiff, Janett Bailey by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. By: /~ ~ Howar~:ffinan, Esquire (:) "-) 0 c.::~,) C:~';;I .1 -,. .;;:- ~ -.. --4 1" ..,.~..... ::1:: -'1 '[ ., C) i -t;.;.: III ('"_ .~- ~[)p~ I , m ?1~;: ,-" .- 11 C) ~-,. -.,.~"" ':::.'"'(""":\ -'- I~~i In ""'1"'" N ~~~~ -J DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, P A 1710] Phone: (7]7) 720-0700 John Gerard Devlin. Esquire 1.0. #32858 Howard O. Kauffinan, Esquire 1.0. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J iX.'iP, day of November, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the foregoing Defendant, John Densham's Interrogatories Directed to PlaintifT, Janett Bailey - Set 1 by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 By: t<',:. )~: (fl (") ~:"'~ ,....,., c:':.> ~ (- ...J ,1 --I ...,- r;lpJ ..,..,1"1"1 "'::':;'1 f-.: :'~1.J ;~~ }j~ :~') IT! ,..-~ -... ",t!"... C) ..m.:; c.... -r.;! -',," -",:'" 1") _J DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717)72~700 John Gerard Devlin, Esquir~ I.D. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this (~-JA day of November, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the foregoing Defendant's Request for Production of Documents Directed to Plaintiff, Kevin Bailey by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. By: Q c -.- r-~ c"" c::=.:> .;;;:- ~~ ' _.# C5 ....:.: i. C' s:;~ :.:~ 0.... C) -rl .-\ ;~~~. I "r'l -rl ~-, ".1 -"' ;,>b ~~~\\~ , l '::;;.':\. -0 -~ -- - "'",.. ';::~ \"..) _1 DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire I.D. #38%3 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this IJ.~ day of November, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the foregoing Defendant, John Densham's Interrogatories Directed to Plaintiff, Kevin Bailey - Set 1 by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. By: C) S~ ':-:-' l..~ ,,) C-::'i .J:- o '\1 c::. ..<.:;: --, :T~ .."". 11'11"'< ::; p:j () -, , ~p () rn C'" , , -u r'.....') _I d DEVLIN ASSOCIATES, P.C. lOO Pine Street, Suite 260 Harrisburg, PA l7101 Phone: (717) 720-0700 John Gerard Devlin. Esquire I.D. #32858 Howard D. Kauffman, Esquire 1.0. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant v. KEVIN BAILEY, Additional Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kevin Bailey and Janett Bailey, his wife c/o Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER, NEW MATTER AND NEW MATTER PRUSUANT TO PA. R.C.P. 2252(d) WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DEVLIN ASSOCIATES, P.C. By.b~ y ~. Kauffinan, Esquire Supreme Court I.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, PAl 71 0 1 (717) 720..0700 Attorneys for Defendant, John Dens:ham DEVLIN ASSOCIATES, P.C. 100 Pine Street. Suite 260 Harrisburg.. PA 17101 Phone: (717)720-0700 John Gerard Devlin, Esquire J.D. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant v. KEVIN BAILEY, Additional Defendant JURY TRIAL DEMANDED DEFENDANT. JOHN DENSHAM'S ANSWER. NEW MAITER AND NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) 1. Denied. After reasonable investigation, Answering Defendant is without sufficient infonnation or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without sufficient infonnation or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 5. Denied. On the contrary, Plaintiffs' pick-up truck was stopped a significant distance before the stop sign at the end of the on-ramp on U.S. Route 15 South. 6. Admitted. 7. Denied. It is denied that Answering Defendant was operating his truck at a high rate of speed or that he was not paying attention to traffic or that he suddenly without warning finally slammed into the rear of Plaintiffs' vehicle. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. 8. Denied. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. 9. Denied. On the contrary, Answering Defendan.t acted reasonably and prudently under the circumstances. 10. Denied. It is denied that Answering Defendant was negligent, careless or wantonly and recklessly careless in any manner whatsoever. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. (a)-(i) Denied. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. CLAIM I Kevin Bailev v. John Densham 11. Defendant's responses to paragraphs 1 through 10 are incorporated herein as if more fully set forth herein at length. 12. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 2 13. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 14. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments ofthis paragraph and they are accordingly denied. 15. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 16. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. WHEREFORE, Answering Defendant denies that Plaintiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court deems appropriate. CLAIM II Janett Bailev v. John Densham 17. Defendant's responses to paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein as if more fully set forth herein at length. 18. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 3 19. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 20. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 21. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments ofthis paragraph and they are accordingly denied. 22. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments ofthis paragraph and they are accordingly denied. WHEREFORE, Answering Defendant denies that Plaintiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court deems appropriate. CLAIM III Kevin Bailev v. John Densham 23. Answering Defendant's responses to paragraphs 1 tlu'ough 22 are incorporated herein as if more fully set forth herein at length. 24. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. 4 WHEREfQRE, Answering Defendant denies that Plaintiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court deems appropriate. CLAIM IV Janett Bailey v. John Densham 25. Answering Defendant's responses to paragraphs 1 through 24 are incorporated herein as if more fully set forth herein at length. 26. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge with which to form a belief as to the truth of the averments of this paragraph and they are accordingly denied. WHEREFORE, Answering Defendant denies that Plaintiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court' deems appropriate. CLAIM V Kevin Bailey and Janett Bailey v. John Densham 27. Answering Defendant's responses to paragraphs 1 through 26 of Plaintiffs' Complaint are incorporated herein as if more fully set forth herein at length. 28. Admitted in part and denied in part. It is admitted that Answering Defendant consumed alcohol at some time before the accident. It is denied that Answering Defendant consumed any other drugs or that he became intoxicated. 5 29. Denied. It is denied that Answering Defendant was impaired or under the influence or drove his truck at an excessive rate of speed or in excess of the posted speed limit. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. 30. Denied. It is denied that Answering Defendant was unable to safely operate a motor vehicle or that he was severely intoxicated or that he never should have known if he was severely intoxicated or unable to safely operate his motor vehicle. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. 31. Denied. It is denied that Answering Defendant never should have known that the operation of his motor vehicle while intoxicated, constituted outrageous conduct or reckless indifference to the rights of others on the highway. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. 32. Denied. The averments of this paragraph contain conclusions of law to which no response is required. To the extent that a response is required, it is denied that Answering Defendant was negligent, recklessly indifferent or willful in any manner whatsoever. To the contrary, Answering Defendant acted reasonably and prudently under 'the circumstances. 33. Denied. The averments of this paragraph contain conclusions oflaw to which no response is required. WHEREFORE, Answering Defendant denies that Pla.intiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court deems appropriate. NEW MATIER 34. Defendant reserves the right to challenge any award of delay damages in this case. 6 35. Defendant demands that appropriate hearings be conducted in this case prior to any award of delay damages. 36. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as applied is violative of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution of the United States, ~ 1983 of Title 42 of the United States Code and Article I, ~~ 1, 6, 11 and 26 and Article V, ~ 10(c) of the Pennsylvania Constitution and imposes a chilling effect on the exercise by Defendant of its constitutional rights. 37. If there be a judicial determination that Pa. R.C.P. 238 is Constitutional, said Constitutionality being expressly challenged as in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. ~ 1983; Article I, ~~ 1, 5, 11, 26; and Article V. ~ 10(c) of the Pennsylvania Constitution, then liability for any interest imposed by the Rule should be suspended during the period of time that Plaintiffs: (a) fails to convey to the Defendant a settlement demand figure; (b) delays in responding to Interrogatories; (c) delays in responding to Request to Produce; (d) delays in producing Plaintiffs for a deposition; (e) delays in producing Plaintiffs for a physical examination; and, (f) delays in any other discovery request made by the Defendant, and, as a result of any delay, the Plaintiffs should be estopped from obtaining interest because of any violation of the Discovery Rules. 38. Answering Defendant asserts all the defenses, limitations and exclusions available under The Motor Vehicle Financial Responsibility Law, 75 Pa. S.C. ~ 1701 et seq. and avers that 7 Plaintiffs may not plead, prove, or introduce into evidence or recover any benefits paid or payable under The Motor Vehicle Financial Responsibility Law. 39. Some or all of the Plaintiffs' claims are or may be limited by Plaintiffs' election of limited tort option or of their insurance coverage pursuant to The Motor Vehicle Financial Responsibility Law, 75 Pa. S.c. ~ 1701 et seq. 40. If it is determined that the Answering Defendant is liable under the Plaintiffs' cause of action then Answering Defendant avers that the Plaintiffs' recovery should be eliminated or reduced in accordance with The Pennsylvania Comparative Negligence Act. 41. It is further averred that if the Plaintiffs suffered any injuries/damages as alleged, they were caused solely and primarily by the Plaintiffs' own carelessness, recklessness or negligence. 42. It is further averred that by the Answering Defendant that if Plaintiffs suffered any injuries/damages that Plaintiffs assumed the risk of those injuries. 43. Any damages or injuries which may have been sustained by the Plaintiffs were the result of an unavoidable accident insofar as the Answering Defendant is concerned. 44. There was no willfulness involved in any of the events involving the factual basis upon which this suite has been instituted. 45. Negligence, if any, on the part of the Answering Defendant, was not the proximate cause of any damages or injuries which may have been sustained by the Plaintiffs. 46. The Answering Defendant was free of any and all negligence. 47. Plaintiffs' claims are barred by the applicable statute of limitations. WHEREFORE, Answering Defendant denies that Plaintiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to 8 interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court deems appropriate. NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) DIRECTED TO ADDITIONAL DEFENDANT. KEVIN BAILEY 48. Pursuant to the provisions of Pa. R.C.P. 2252(d), Answering Defendant asserts that Additional Defendant, Kevin Bailey is alone liable or is jointly and severally liable or is liable over to Answering Defendant on the cause of action declared upon in the Complaint by Plaintiff, Janett Bailey. It is further averred that if it is determined that the Answering Defendant is liable on Plaintiff, Janett Bailey's cause of action said Answering Defendant avers that Additional Defendant is liable to the Answering Defendant for indemnity, contribution. WHEREFORE, Answering Defendant denies that Plaintiffs are entitled to judgment against Answering Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Answering Defendant's favor and against Plaintiffs and for costs and fees and for such other relief as the Court deems appropriate. Respectfully submitted, DEVLIN A~CIATES, P. BY:~ ~ Kauffinan, Esquire Supreme Court J.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, P A 17101 (717) 720-0700 Attorneys for Defendant, John Densham 9 VERIFICATION I, John Densham, verifY that the facts set forth in the foregoing Defendant, John Densham's Answer, New Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) are true and correct to the best of my knowledge, information and belief and understands that statements made herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. J;1;-q(. B M~J~'L/h-~ Densham DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717)72~700 John Gerard Devlin, Esquire J.D. #32858 Howard D. Kauffinan, Esquire LD. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of December, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the foregoing Defendant, John Densham's Answer, New Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. By: ~ ----- ~Kauffinan, Esquire 0 ,...,.,...." c- t;.,',:') ,.-, (,. , -i-j J'"7 C.." r-c: C"J (. ::-~"~) 0 ! f' I t, ~' ...,..., , :~: " ",; I, C.) i n r.,,) 'J \0;:) -< DEVLIN ASSOCIATES. P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717)72~700 lohn Gerard Devlin. Esquire I.D. #32858 Howard D. Kauffinan, Esquire J.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENS HAM, Defendant : WRY TRIAL DEMANDED CERTIFICATE OF SERVIC:E~ AND NOW, this II'(t-Lay of December, 2004, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the foregoing Defendant, John Densham's Rl~ply to Plaintiffs' Request for Production of Documents by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.e. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. BY:~~ HowartrD. Kauffinan, Esquire ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney 10#: 365 I3 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION -LAW NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPL Y TO NEW MATTER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 34. Denied. Plaintiffs maintain that Defendant's attempt to reserve his right to challenge an award of delay damages is meaningless since said challenge would not be an affirmative defense recognized by Pennsylvania Rules of Civil Procedure 1030. No further responsive pleading is required by Plaintiffs. 35. Denied. Defendant again attempts to seek to asS{:rt a request for a hearing on an award of delay damages where this issue is not relevant at this stage of the pleadings. Pennsylvania Rules of Civil Procedure 238 sets forth the procedure for the award of delay damages which the Ii I Defendant may utilize at the appropriate time. Defendant's demand for a hearing if there is an award of delay damages is not new matter as recognized by the Pennsylvania Rules of Civil Procedure 1030 and, therefore, Defendant's demand is irrelevant. 36. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Pennsylvania Rules of Civil Procedure 238 is unconstitutional and to the contrary, has already been determined to be Constitutional by the Pennsylvania Supreme Court. Additionally, Defendant has failed to notify the Attorney General pursuant to Pennsylvania Rules of Civil Procedure 235 of his anticipated challenge of the constitutionality of this provision of 1he law and therefore Defendant has waived his right to challenge the constitutionality of this statutory provision. 37. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Pennsylvania Rules of Civil Procedure 238 is unconstitutional and, to the contrary, has already been determined to be constitutional by the Pennsylvania Supreme Court. Additionally, Defendant has failed to notify the Attorney general pursuant to Pennsylvania Rules of Civil Procedure 235 of his anticipated challenge of the constitutionality of this provision of the law and therefore Defendant has waived his right to challenge the constitutionality ofthis statutory provision. Additionally, Plaintiffs have already supplied to the Defendants or their represt~ntatives sufficient information in order to evaluate the file and make a reasonable offer of settlement. No actions by the Plaintiff in submitting a demand, responding to Interrogatories or Request for Production of Documents or providing a deposition or any other discovery request will providle the Defendant with any additional information necessary to evaluate the Plaintiff's claim and, therefore, no delay as a result of responding to discovery can be used as a basis for failing to pay delay damages. 2 38. Denied. This averment is a conclusion oflaw to which no responsive pleading is required. To the extent that a response may be deemed proper, Defendant's attempt to assert any and all defenses, limitations, or exclusions contained in the Pennsylvania Motor Vehicle Financial Responsibility Law is overly broad and ineffective. Pennsylvania Rules of Civil Procedure 1019 provides that the material facts upon which a cause of action or defense is based shall be stated in concise and summary form. Defendant's incorporation of the whole of the Pennsylvania Motor Vehicle Financial Responsibility Law does not place Plaintiffs' c:ounsel on notice of which, if any, defenses may exist in the Pennsylvania Motor Vehicle Financial Responsibility Law and, therefore, Defendant's attempted incorporation of the whole law without making reference to specific provisions is improper and meaningless. By way of further response, Plaintiffs' Complaint does not seek to recover for any medical or work loss benefits which wen: paid under the Pennsylvania Motor Vehicle Financial Responsibility Law. 39. Denied. This averment is a conclusion oflaw to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs' claims are barred or limited by the limited tort election contained in the Pennsylvania Motor Vehicle Financial Responsibility Law. At the time of the accident, the Plaintiffs were occupants of a commercial vehicle and therefore are deemed to be covered by the full tort election. Additionally, the Defendant was charged and convicted of driving under the influence and therefore Plaintiffs would have a right to seek a full tort recovery against the Defendant under 75 Pa.C.S.A. ~ 1705( d)(l )(i). Additionally, Plaintiff's injuries are such that the:y sustained serious impairment of bodily functions and therefore their injuries would qualify them for full tort recoveries. 40. Denied. This averment is a conclusion oflaw to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the 3 VERIFICATION I, KEVIN BAILEY, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: JlMdbt 711Itj~~~_/// ~v"c /' KEVIN Bl 276719-1 CERTIFICATE OF SERVICE AND NOW, this 22nd day of December, 2004 I, Michdle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a tme and correct copy of the PLAINTIFFS ' REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Howard Kauffman, Esquire Harrington, Kauffman & Shilling 100 Pine Street, Suite 300 Harrisburg, P A 17101 (717) 720-0700 ID: 38963 Attorney for Defendant Densham -rrkJuilt ?no /lid)----- Miehelle M. Milojevich (") s; '-. -oL~ f"l"[,; '-:,~ ~~~-~ ?:> :" ~"< ~;":2 ;poco 7= ~ po...) = c-'") ..r:- o 1"1'1 ("") l" CO o .,., -l :t:-r; ft1p m ~J9 (,;0 ~j::~ '}-- t...,~~ c5 5~ -.:< -r) J~ - .. CJ (J"'l CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 ~J .on beh1lt:) xan~1 Do ~~KAUFFMAN, is-di'-- . Attorney for PLAINTIFF DE12--234444 75562 - L 0 1 --J,.ll:.......c.c..c.~~'-I -LC.'L~I'I HI"",Lnv 6< KVVlll:..K MJ::l"'" rHo 1601 MlU'kct Sa~et. Suite. 800. Phi1adelphia .PamsylVlDlia 19103 (215) 246 . 0900 Fax NlmIber (215) 246 - 0959 I1Il(;~!!!!! URGENT!!!!! IJF.OJIBElR. 22. 2DOoi _ - JAm!.EAnBr Brl.1IE{ 'Os IlINlBAM ,'V. LOJ. I. .1/ Co........ .....~w_ URGENf!!!!! ~~i~ ~ D. K1IDFFMllN, ESQ. - ('717) 236-'080 We llave teen ~~d. !:If tlz iil:Dve-mmtiam. c:omsel to c:i:lWn IlBtI!r'.ial a:1 m expeCitad l:&si.s :fmD the h!lCJilll2ed ~ant. In l%'d!r' to eeupJ.y with this ~~~ Ill! 1IIJSt have ~ ~ iDCir:at:ing tbit jIOI1 waive tb! tto.'eI1ty-dlf notice p!%ic:d provided :l.n M.e3 4:005.21 ami ~DD'.,2. Please fiX I:bi5 fl%lll to Uli :iJmedl.awyat (215) 24'-0355 with )'OJI' si~ ;0 t1la~ tIlE! l1aY catpJ.y lii~ Ch'is ~. Ywr ~ Qlrj l:z! greatly appraQated. Sincerely. ~ PRIOS i i ; i I I ., , , i 0JstaJ:ians: [ R3t:e; see enclea:! list of J.cxmia.1s 1 .' CC11IlSel = MmiAEL B. J<OSIJC. SSQ. (717) 238~ I ~ 1;0 wai'V! waiti13g P!rla1 V ;Rlte= ,uu..Lo'- Ccpies; Yeil_R) /I ~ to p!y the invoice prcv1d!d with ~ ~ !eview tD~s: Yes lib' AdI:i.se of COst -- I d:1 net agree to wi'lle rule: ~e: ~ Info: ! i i i I ..d. L.rdl ~{..~"'- r ~ v-,o.j- ~ pp... R..c P 4CCi"~) '. QW1-1U4Bl 7SSS2-CO~ 12/O:DEC. 22. 2004.1:12: 10PM ANGINO & ROVNER HBG,PA. NO. 151 P.2/2 ~~~ LOCATION LIST ccc PAGE: 1 LOCATION }JAMB RBCORDS REQUESTED MEJaCp:,-MEPCO D~LTA DsmAL OEl PE1l1NS'!LVANIA Oi. GARY SCHWARTZ REALTHSOUTB ~HAB. HOLY SPIRIT HOSPITAL HOLY SPIRlr HOSPITAL CENTRAL PA_ REHAB. 5~RVICES ERIE INSURANCE GROUP E:MPLOnm~ 2UPLOYMBN'l' MEDICAL. BILLING, AND X-~Y(S) MEDICAL RiCOJDS . BILL~ MEDICAL RECORDS , HOSPITAL BILL X-RAY ONLY MEDICAL &iCORD~ & BILtING !NSURANC:S . . i 1 I I 1 I I ! i 1 1\.RWl-14'HIll 75 S (5:Z - C 0 :J. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL,AND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02..287713 7556:2 - CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTH SOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING INSURANCE DE02--287713 75562 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MERCK-MEDCO (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. 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff BY THE COURT: DEe 2 8 2004 Date: ,( 1'>; L!~ d '1 d &'tJ i ruLL.:.. Prothonotary/Clerk, Ci S1'~ C) ~"-' Dep ty Seal of the Court 75562-01 EXPLANATION OF REQUIRED lU:CORDS TO: CUSTODIAN OF RECORDS FOR: MERCK-MEDCO 5073 RITTER ROAD MECHANICSBURG, PA 17055 RE: 75562 JANEIT BAILEY 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 employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, 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: JANETT BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Seauity #: 179-52-1058 Date of Birth: 12-16-1911 8U10-540006 75562 - L 0 1. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234445 75562 - L 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ~SQ_ Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ftBOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02.-287713 7 5 56:2 - C 0 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTHSOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING INSURANCE DE02-287713 75562 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DELTA DENTAL OF PENNSYLVANIA (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 GraUl' me.. 1601 Market Street. Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: DEe 2 8 2004 BY THE COURT: CLW'~ fl. ~~ ~ Prothonotary/Clerk, Civi D ISlon oGt.~ .. "A1 Q~ Depu l Date: /J.UJ;~~ -L~ JDV Y' Seal of the Court 75562-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DELTA DENTAL OF PENNSYLVANIA ONE DELTA DRIVE MECHANICSBURG, PA 17055 RE: 75562 JANETT BAILEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please caIl for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation; time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, 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: JANETI BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 Date of Birth: 12-16-1971 8U10-540008 75562 -L 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the s~bpoena. MCS on behalf of DATE: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234446 75562 - L 0 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. H 0 1 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) '246-0900 DE02.-287713 75562 - C 0 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTH SOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, Am) X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BII.LING INSURANCE DE02-287713 7SS62-COl COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAN]~ BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. GARY SCHWARTZ (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 Gro1.lP Inc. 1601 Market Street. Suite 800. Philadelphia. P A 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff OFf 2 8 ?004 Date: --.iJp t~ ~ 1 ;; ov 'f BY THE COURT: ('u h 7<:' R.- ~""1 -r-: Prothonotary/Clerk, Ci i1 IV1Slon r;}r" Q In,p~ Deput Seal of the Court 75562-03 EXPLANATION OF REQUIRED RE:CORDS TO: CUSTODIAN OF RECORDS FOR: DR. GARY SCHWARTZ 2140 FISHER ROAD MECHANICSBURG, PA 17055 RE: 75562 JANETT BAILEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING, BUT NOT LIMITED TO, ANY AND ALL C/SCANS AND MRI'S. 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, diaf?1OSis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: JANETf BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 DareorBb1h:~I~I~1 SU10--540010 75562 - L 03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF' DE12-234447 75562 - L 0 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 11iOl MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287713 75562 - C 0 ~ LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDeo DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTHSOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, Am) X-RAY(Sl MEDICAL RECORDS & BI]~LING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BI]~LING INSURANCE DE02-287713 75562 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEAL THSOUTH REHAB. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc. 1601 Market Street Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SillTE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff DEe 2 8 2004 jt/~ ,27. JJJvt/ BY THE COURT: Cl1~-;; 12 R.:~. ~' Prothonotary/Clerk, Civlldivision ~. Q fn.dl:... Date: Seal of the Court 75562-04 EXPLANATION OF REQUIRED RE:CORDS TO: CUSTODIAN OF RECORDS FOR: HEAL THSOUTH REHAB. 920 CENTURY BOULEVARD MECHANICSBURG, PA 17055 RE: 75562 JANE'IT BAILEY 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 medical and billing file including but not limited to any and aU records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any' e]{amination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JANETI BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 Date of Birth: 12-16-1971 8UHI-540012 75562 - L 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234448 75562 - LOS ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287713 75562 - C 0:1. LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTH SOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, Am) X-RAYIS) MEDICAL RECORDS & BILLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING INSURANCE DE02-287713 7SS62-COl COMMONWEALTH OF PENNSYLVANIA COUNTY QF CUMBERLAND BAILEY File No., 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER *"''''''' at The MCS Group. Inc. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: HOWARD D. KAUFFMAN. ESQ. 100 PINE STREET SUITE 260 . HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: DEe 2 8 200~ ~~ J 1 .J.(Jv'f BY THE COURT: CLu.:~ 12 J2 . . , Prothonotary/Clerk, ~ ~on oGk",,- () /ldP,:'- Date: Seal of the Court 75562-05 EXPLANATION OF REQUIRED RE:CORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL. PA 17011 RE: 75562 JANEIT BAILEY 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 diaenostic test results. including any and all such items as may be stored in a computer database or otherwise in electronic fiJrm. relating to any examination. consultation. diagnosis. care. treabnent, admi~on. discharge. or emergency care pertainine to: Dates Requested: up to and including the present. Subject: JANETf BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 Date of Birth: 12-16-1971 SUUI-540014 7556:2 -L OS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234449 75562 - L 0 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.~ND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULI~ 4009.21 [ Note: see enclosed list of locations] TO: MICHAEL E. KOSIK, ESQ. MCS on'behalf of HOWARD D. KAUFFMAN, 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 JOy contacting our local MCS office. DATE: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. . Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287713 75562 - C 0 :l.. LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTHSOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, Am) X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING INSURANCE DE02:-287713 75562 - C 0 1 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOL Y SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. IDe.. 1601 Market Street. Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: HOWARD D. KAUFFMAN. ESQ. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: BY THE COURT: Date: DEe 2 8 2004 I.JkM,' fu f ,2? rltnJ r C. Prothonotary/Clerk, Civil ision ~2'i" Q fk1f:_ Seal of the Court 75562-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREEf CAMP HILL, PA 17011 RE: 75562 JANEIT BAILEY 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: JANETI BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 Date of Birth: 12-16-1971 8U10-540016 75562 - L 06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -vs- CASE NO: 04-5424 CIVIL DENSHAM AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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 behiilf of DATE: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12..234450 75562 - L 0 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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 hy contacting our local MCS office. DATE: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. H01 MARKET STREET UOO PHILADELPHIA, PA 19103 enS) 246-0900 DE02-287713 7556:2 - C 0 ~ LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTH SOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, Am> X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING INSURANCE DE02-287713 75562 - co].. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLANQ BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL P A. REHAB. SERVICES (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 Gro\W. Ine 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: HOWARD D. KAUFFMAN. ESQ. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: Date: DEe 2 8 2004 iln "'.ok f..,.,.. .2 '1 ..) OV 'f , BY THE COURT: ~~RE;) ~ Prothonotary/Clerk, ~l ~on ,1.7U-- r1 Yh1~ ~ Seal of the Court 75562-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA. REHAB. SERVICES 2120 FISCHER ROAD MECHANICSBURG, PA 17055 RE: 75562 JANEfT BAILEY 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 medical and billing file including but not limited to any and aU . records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical rejX>rts, medication! prescription records, including any and all such items as may be stOlOO in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment perotining to: Dates Requested: up to and including the present. Subject: JANETI' BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 Date of Birth: 12-16-1971 SUlCi-540018 75562 - L 0 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234451 75562 - L 0 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULU 4009.21 [ Note: see enclosed list of locations] TO: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-287713 75562 - C 0 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MERCK-MEDCO DELTA DENTAL OF PENNSYLVANIA DR. GARY SCHWARTZ HEALTH SOUTH REHAB. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL CENTRAL PA. REHAB. SERVICES ERIE INSURANCE GROUP EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, Am) X-RAY(S) MEDICAL RECORDS & BHLING MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BHLING INSURANCE DE02-287713 75562 - C 0 1.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Gro~p. Inc,. 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 'HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff BY THE COURT: Date: DEe 2 8 2004 AY.u LVUjJ~ ~ 1, ;) (.nJ '( ~;. i! f trn..4 I~~ Prothono~on ( l'AL 0- ~ ~ Seal of the Court 75562-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP 4901 LOUISE DRIVE P. O. BOX 2013 MECHANICSBURG, PA 17055 RE: 75562 JANETT BAILEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. CLAIM NO. 010170652587; INCLUDING, BUT NOT LIMITED TO, PAYMENT LOG. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports andlor records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pert:.ining to: Dates Requested: up to and including the present. Subject: JANETI' BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 179-52-1058 DareofBb1h:~I~I~1 8U10'-540020 75562 - L 0 8 0 ~ c.' c::. ~ -~.; '.:::::; -. -..-' c.",., <- :;:! :J:'i'b> ;;e h'i:::t1 r- -. , -cJ r T1 r W ::;;;? ( " .:,-! ':-::j(J ~'I~ -I'. , c5D -~ (~.5 j\i .' ("V ":'-/ "- _.~ ::v '-J ~.< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 ~r!on behalf ~ ~ G., rt CL<</ru./ 4J. J - () ~ WARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234434 75546 - L 0 1 J.~EC. 22. 2004 .1.'12: 08PM ANGINO & ROVNER HBG,PA. 1601 Markr:c Street, SUite BOD, Philadelphia le:nnsylcruia 19103 (2lS) 246 .. 0900 Pa: ~ (2l5) 246.. 0959 URGENT!!!!! o URGENT'''''' ..... CB:EM3ER 22. 2004 1C2I1IN amm' BA1LRY Vi IDSmlM JOBN IlEI/IJN'" JS9XIATSS 13!:IfMD:D. KlWmW(, ESQ. - (711) n6-~D80 NO. 160 P. 1 "101:1 l>'1:I1:I.I. URGENT!!!!! We mve been requested by tlJ! ~~ CXlIn!al to lttam me:1al en ;n ~ basi.5 !ran tb! bllor listac1 custai1an5. :Ill CIt2r to caDply with,thi.s rlg.test we lllU5t have )'CI:lt' liip1:l1re indi.~ tlBt ~ wai-ue tm ~ J:Iotice p!I1D:1 ~r1 in PJ.Iles 400!.21 ilId IOD~.22. ile1Slii: fa:lt this far:m to as i.1mediatel:yat (215) 646-0'5' w1th)'O.lI" 5igratu..-re BO. thrt: ,WE: nay ci:mply wi~ thir :reguest. yO%!: axpm.d.0tI. waaQ:tIe greatly aaoda1:1!!d. ~y, SAlJ::NAH PRICB 01st0CI1anS ; [ N;tte: see enc:leeed list of lrxatia1S 1 CClUZlRl; MICHAEL E. 10m. ~. (717) 23a-SGlD I a.gree to wai"t lIIaittag pe%io1 l/ Date~ I LIz. I:.. / r; ~ . ~ , T-V c:cpj.es: Yl!r;_R.\~ I agree to P'V the muoiC!e ~d with the 15:cmmts Review Jlx:\.JrEnts: Yes NO Mlrise of COst. -- I d::I :not agree 1:0 lQaj,w IW.e: I:8te: B1J.Jjn!; Into: .., I'll u ~i 0..\ '" r; """'.I: """^' j"' . ~. P.....~ C.-tLl- '-tOOl. 7..) RRW1"14U7~ 75546-CO~ J..It:........e:.c:..e:.t:.!t:.!'-I .I.e:.. t:.!on' I LOCATION NAME BAILEY PRE~OWN!D AUTO SALSa HOLY SPIRIT HOSPITAt HOLY SPIRIT BOS~ITAL mALTHSO't1l'J11 REHAB. DR. GARY SCHWAaTZ HARRISBURG HOSPITAL HAR~!SBURG HOSPITAL RORALD N. LIPPi, M.D. iRIS IN50RANCi GROUP CKNTRAL PA. REHAB_ SiRVICi5 Hno.:..l.nV .:. I"'vvnt:..1"' nJ:1o.:.,r-H. >>~ LOCATION LIST <<~ RECORDS RB~UBST~D EMPLOY~:tJ'l' M!lnCAL UCORDS &: KOSlIITAt. BILL X-RAY a.m.y MEDICAL R.ECOlDS & BILI.ING ME:DlCAL, BILLING, AND X-RAYCS') Mm;lICAt RECORPS Ii HOSP'ITAL BILL X-RAY CNt,y MEDICAL, BILX,J:NG, ANP X-RAY[S) INSORANCE MEDICAL lUICOIUlB & !ILLING 11V. .l.ot:.! PASE. r- . C. ......:,,:.. "'1::..11;)' 1 "IS..,., ,.... II "n ... r- r- _",... __ .. _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Rm.E 4009.21 [ Note: see enclosed list of locations] TO: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, ESQ. intenrn; 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 twent)f 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: 12/22/2004 ,~CS on behalf of HOWARD D. KAUFFMAN, ESQ. l~ttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET t!800 PHILADELPHIA, PA 19103 (215) 246-0900 DEO~!-28771l 75546 - C 01 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTHSOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY{S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DEO~!-287711 75546 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BAILEY PRE-OWNED AUTO SALES (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 Gro~. Inc.. 1601 Market Street Suite 800. Philadelphia. PA 19103 You may d.eliver 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff BY THE COURT: ('~ f. R"^1'~ Prothonotary/Clerk, Civil IVlSlon Date: DEe 2 82004 Itt~u~ r1 ~ ;Umy ClL>U.- (2 ~ ~ Seal of the Court 75546-01 EXPLANATION OF REQUIRED IU:CORDS TO: CUSTODIAN OF RECORDS FOR: BAILEY PRE-OWNED AUTO SALES 3537-A HARTZDALE CAMP HILL, PA 17019 RE:75546 KEVIN BAILEY 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 employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, 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: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of Birth: 01-09-1968 SUlO-539962 75546 -LO 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234435 75546 - L 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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 wai ved or if no obj ection is made, then the subpoena millY 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: 12/22/2004 ~'CS on behalf of HOWARD D. KAUFFMAN, ESQ. llttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact 1~HE MCS GROUP INe. 1601 MARKET STREET tl800 PHILADELPHIA, PA 19103 1:215) 246-0900 DE02-287711 75546 -CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTH SOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, ~ID X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, ~ID X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DEO~!-28771l 75546 - CO 1.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. InCH 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the:: address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or produ<:ing 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: DEe 282004 Date: I. fn.n'A~ J. ~ J-fJV Y BY THE COURT: Ca...:;t.,;. o( f~,t.io;.. Prothonotary/Clerk, Civil i ISlon /~~-L-O ~ ~ Seal of the Court 75546-02 EXPLANATION OF REQUIRED D:CORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE:75546 KEVIN BAILEY 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 em all records, correspondence to and from the consulting andlor 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 Jorm, relating to any examination, consultation, diagnosis, care, treatment, admi~ion, discharge, or emergency care pert;lining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DaLSBURG, PA 17019 Social Security #: 062-70-2343 Date ofBD1h: 01-09-1968 SUlll-539964 75546 -LO 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENS HAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identica:~ to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234436 7554 6 - L 0 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 [ Note: see enclosed list of locations] TO: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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 wai ved or if no obj ection is made, then the subpoena millY 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: 12/22/2004 fllCS on behalf of HOWARD D. KAUFFMAN, ESQ. Jllttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET t:800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287711 75546 - CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTHSOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, A}rn X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, A~rn X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DE02:-287711 75546 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GroQp. InCH 1601 Market Street. Suite 800. PhiladelPhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at tht: 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: Date: DEe 2 8 2004 /.l~.Lf~J.o..; J 7, ;l 0tJ Y BY THE COURT: ~.-rA~ I; ~4 h-? Prothonotary/Clerk, CivIl f)ivision IJ"ju Q ~ ~, Seal of the Court 75546-03 EXPLANATION OF REQUIRED RE:CORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 75546 KEVIN BAILEY 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, pert:.ining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of Bb1h: 01-09-1968 SU10-539966 75546 - L 03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, gSQ. 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-2344377S546-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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 wai ved or if no obj ection is made, then the subpoena malY 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: 12/22/2004 ~'CS on behalf of HOWARD D. KAUFFMAN, ESQ. llttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. Hi 0 1 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DEO~!-287711 75546 - CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTHSOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, ~rn X-RAY IS) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, A~rn X-RAY IS) INSURANCE MEDICAL RECORDS & BILLING DEO;~-28771l 75546 - CO 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DEN SHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTH SOUTH REHAB. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. InCH 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at th<: 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: Date: DEe 2 8 2004 ~At<. cJ 1, UJoj BY THE COURT: ~"'.A [) f~. A_ IA '. Protho:~on L\:r_L 0 'rru I;~ ~, Seal of the Court 75546-04 EXPLANATION OF REQUIRED lU:CORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB. ~OCENTURYBOULEVARD MECHANICSBURG, PA 17055 RE: 75546 KEVIN BAILEY 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 medical and billing file including but not limited to any and ,ill records; correspondence to and from the consulting and/or treating ]~hysicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pert:.inine: to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Seanity #: 062-70-2343 Date of Bb1h: 01-09-1968 SUIO - 53996 8 7 5 5 4 6 - L 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENS HAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, BSQ. 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE1L:-234438 75546 -LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 [ Note: see enclosed list of locations] TO: MICHAEL R. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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 wai ved or if no obj ection is made, then the subpoena ma.y 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. llttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact 1LHE MCS GROUP INe. 1601 MARKET STREET ll800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287711 7S546-COl LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTHSOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & B1LLING MEDICAL, BILLING, ~rn X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, A~rn X-RAY(S) INSURANCE MEDICAL RECORDS & B1LLING DEO~!-28771l 75546 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. GARY SCHWARTZ (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 GrollP. Inc 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff Date: f"\Cl" 2 8 2004 ~ .27,JDoY BY THE COURT: CwctM ((. ,e~ ~ Prothonotary/Clerk, i~i1 Division (t.4~ (l ~ ~ Seal of the Court 75546-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. GARY SCHWARTZ 2140 FISHER ROAD MECHANICSBURG, PA 17055 RE: 75546 KEVIN BAILEY 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 andlor 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 fonn, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of Bkth: 01-09-1968 SU10-539970 75546 - LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE1:!-234439 75546 - L 0 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ISOO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287711 75546 -CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTH SOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DE02-287711 75546 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (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 ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. PhiladelPhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff Date: DET 1 R '004 ~ d11ou'-( , BY THE COURT: Cuxt.u I?;(; f~' prothonotary/Clerk~iJ Division (l"'1~Q.~ ~ Seal of the Court 75546-06 EXPLANATION OF REQUIRED IU:CORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 SOUTH FRONT STREET HARRISBURG, PA 17101 RE: 75546 KEVIN BAILEY 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 .md 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 restdctions, and all patient consent or refusal of treannent, procedures, tests, and/or medication, lab and diagnostic test results, including any and all suc:h items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admkc;ion, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Seemity #: 062-70-2343 Date of Bkth: 01-09-1968 SUI (I - 539 9 72 7 5 5 4 6 - L 0 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12-234440 75546 - L 07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM NOTICB 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 ~ICS on behalf of HOWARD D. KAUFFMAN, ESQ. l\.ttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287711 75546 - CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTHSOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DEO:!-287711 75546 - C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groqp. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff DEe 2 8 2004 BY THE COURT: ~~ R ~~ ~ Prothonotary/Clerk, C vi IV1Slon (I'r~ (2 ~ ~ Date: (ltu~ ~'7. e2 OD'-( Seal of the Court 75546-07 EXPLANATION OF REQUIRED IU:CORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 SOUTH FRONT STREET HARRISBURG, PA 17101 RE: 75546 KEVIN BAILEY 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, pert:.ining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of BD1h: 01-09-1968 SUIO-539974 75546 -LO 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12 -234441 7554 6 - L 0 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact 'I'HE MCS GROUP INC. 1601 MARKET STREET ~1800 PHILADELPHIA, PA 19103 (215) 246-0900 DEO:;!-287711 75546 - C 0 1- LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTH SOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AJID X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, A~ID X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DEO;!-287711 75546 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RONALD W. LIPPE. 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 Grou,p. Inc 1601 Market Street. Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: HOWARD D. KAUFFMAN. ESO. ADDRESS: 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff Date: DEe 2 8 2001t ,.(.Q~A_~ ~ J '. .J tn) i BY THE COURT: ~iMf{e I' Prothonotary/Clerk, C~n rB: ~ -,114./ ~ 0- Depu y / Seal of the Court 75546-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RONALD W. LIPPE, M.D. 875 POPLAR CHURCH ROAD CAMPHILL, P A 17011 RE: 75546 KEVIN BAILEY 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 Conn, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of Birth: 01-09-1968 SUlCl-539916 75546 - L 0 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENS HAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, 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 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE1.i -234442 7554 6 - L 0 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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 J TO: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. J!.ttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 16 01 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DEO~!-28771l 75546 - CO 1 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTHSOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DEO:!-287711 75546 - C 0 :I.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAILEY File No. 04-5424 CIVIL vs. DEN SHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Group. Inc. 1601 Market Street. Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Plaintiff Date: DEe 2 8 2004 jJ) ( u.v..-k :2-'7 .1,(J-o Lf BY THE COURT: Cw.-r.. tJ p~, - .-- Prothon~on l) t.L-- Q lh{/.e~ ~ Seal of the Court 75546-09 EXPLANATION OF REQUIRED RE:CORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP 4901 WUISE DRIVE P. O. BOX 2013 MECHANICSBURG, PA 17055 RE: 75546 KEVIN BAILEY Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. CLAIM # 010170652587; INCLUDING, BUT NOT LIMITED TO, PAYMENT LOG. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limite:d to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: uX:R.and including the present. Subject: KEVIN B Y 38 WOODED RUN DRIVE,. DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of Bb1h: 01-09-1968 SUll)-539978 75546 - L 0 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HOWARD D. KAUFFMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or deliv~red to each party 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 12/22/2004 HOWARD D. KAUFFMAN, ESQ. Attorney for PLAINTIFF DE12 -234443 7 5 54 6 - L 1 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS BAILEY TERM, -VS- CASE NO: 04-5424 CIVIL DENSHAM 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: MICHAEL E. KOSIK, ESQ. MCS on behalf of HOWARD D. KAUFFMAN, 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: 12/22/2004 IVICS on behalf of HOWARD D. KAUFFMAN, ESQ. )!,ttorney for PLAINTIFF CC: HOWARD D. KAUFFMAN, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET Ml800 PHILADELPHIA, PA 19103 (215) 246-0900 DEO~!-287711 75546 - C 01 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 BAILEY PRE-OWNED AUTO SALES HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HEALTH SOUTH REHAB. DR. GARY SCHWARTZ HARRISBURG HOSPITAL HARRISBURG HOSPITAL RONALD W. LIPPE, M.D. ERIE INSURANCE GROUP CENTRAL PA. REHAB. SERVICES EMPLOYMENT MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL RECORDS & BILLING DEO;!-287711 75546 - CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANQ BAILEY File No, 04-5424 CIVIL vs. DENSHAM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL PA. REHAB. SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or produc ing 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: HOWARD D. KAUFFMAN. ESO. 100 PINE STREET SUITE 260 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff NAME: ADDRESS: Date: OEe 2 R 2004 JJ.Ll~ .2? .2<>V'-( BY THE COURT: lu.,otM () f~ d . - ' Prothonl~n Ltl () ~11J.-L<-l Dep y Seal of the Court 75546-10 EXPLANATION OF REQUIRED RE~CORDS TO: CUSTODIAN OF RECORDS FOR: CENTRALPA. REHAB. SERVICES 2120 FISCHER ROAD MECHANICSBURG, PA 17055 RE: 75546 KEVIN BAILEY 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 hosp,itals, $50.00 for all other providers. Entire medical and billing file including but not limited to any and aU records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any exmnination, consultation, diagnosis or treatment perrnining to: Dates Requested: up to and including the present. Subject: KEVIN BAILEY 38 WOODED RUN DRIVE, DILLSBURG, PA 17019 Social Security #: 062-70-2343 Date of Bkth: 01-09-1968 SU10-539980 75546 - L 10 0 ,....., c = 0 ;-;.; <= ;J? :;~~! cJt 'Tl c:..... ~ ::r:- :z: m:!J r- , ?-8~ w ~-' , ,...... =.-:, I -0 -1'::,' , , _. ;s::i:l '-" -,,,,, .....C) t.;:~ N Om .... .. ~ ._~~ -< .... U') .~ -< II I Ii ANGINO & ROVNER, P.c. Michael E. Kosik, Esquire Attorney ID#: 36513 4503 Noah Front Street Harrisburg, P A 17 II 0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintifl(s) ERmail: mkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff 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, Ifno Objectio~~~e~poena may be served. ~'PC Michael E. Kosik, Esquire I.D, No, 36513 4503 N. Front Street Harrisburg, PA 17lIO (717) 238-6791 Counsel for Plaintiff 292484 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defeudant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Upper Allen Township Police Department ATTN: ChiefJames Adams 100 Gettysburg Pike Mecharlicsburg,Pi\.17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the criminal investigative reports associated with this accident which document the Bi\C listed for Mr, Densham for accident report #2002-12-154 at 1\ngino & Rovner, 4503 N, Front St., Hbg., Pi\ 17110, 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 service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA W i\S ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Michael E, Kosik 4503 North Front Street Harrisburg, P i\ 1711 0 (717) 238-6791 36513 Plaintiff Telephone: Supreme Court ID #: Attorney for: BY THE COURT: Date: Seal of the Court ProthonotarylClerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2005 I, Michelle M, Milojevich, an employee of Angino & Rovner, P.C" do hereby certify that I have served a true and correct copy of the NOTICE OF INTENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Howard Kauffinan, Esquire Harrington, Kauffman & Shilling 100 Pine Street, Suite 300 Harrisburg,PA 17101 JJ/JjJ.tit 17J./Iah Michelle M, Milojevich - 292484 ? ", c.:;) c.:'.) y.' c;.'~ " '- ""," :",.r:.: .-1 7~-n I ni:C~' -nf:!.'! ~^~~ ~~~ "l-"ri ,:-'J ;:~f:~ ., :~~'j -< /'.) _J f',) -.l \: ANGINO & ROVNER, P.C, Micha.el E. Kosik, Esquire Attorney ID#: 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffls) E-mail: mkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v, CIVIL ACTION - LAW NO, 04-5424 CIVIL TERM JOHN DENSHAM, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,,21 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (I) a notice of intent to serve a 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 was sought to be served, (2) a copy of the notice of intent, including the proposed subpoena is attached to this certificate, 292484 1\ " (3) no objection was filed with the court; (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve a subpoena, Dated: 292484 Michael E. Kosik, Esquire Attorney for Plaintiff ANGINa & ROVNER, p,c. Michael E. Kosik, Esquire Attorney 10#: 36513 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com ~:~~ ~~ '- ..-,.. .,().- C) " .--1 ~(D -,~,rn Z:-~6: ~i~i ~~ ~ ---J .....~ N -J .,.. -' N KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA, v. CIVIL ACTION - LAW NO, 04-5424 CIVIL TERM JOHN DENSHAM, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVl~RY PURSUANT TO RULE 4009.21 Plaintiff 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 no objection ~alje / bpoena may be served, R,P,C. Michael E. Kosik, Esquire LD, No. 36513 4503 N, Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 292484 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Upper Allen Township Police Department ATTN: Chief James Adams 100 Gettysburg Pike ~echaIUcsburg,PA, 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the criminal investigative reports associated with this accident which document the BAC listed for Mr, Densham for accident report #2002-12-154 at Angino & Rovner, 4503 N, Front St., Hbg., PA 17110, 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 service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: ~ichael E, Kosik 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiff BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this 24th day of January, 2005 I, Michelle M. Milojevich, an employee of Angino & Rovner, P,C" do hereby certify that I have served a true and correct copy of the NOTICE OF INTENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Howard Kauffman, Esquire Harrington, Kauffman & Shilling 1 00 Pine Street, Suite 300 Harrisburg,PA 17101 JJ1;iJdt J;J,/IaA Michelle M. Milojevich - 292484 II II CERTIFICATE OF SERVllCE AND NOW, this 16th day of February, 2005 I, Michelle M, Mi1ojevich, an employee of Angino & Rovner, P.C" do hereby certify that I have served a true and correct copy of the CERTIFICATE PREREQUISITE in the United States m<ril, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Howard Kauffman, Esquire Devlin Associates, P,C. 100 Pine Street, Suite 260 Harrisburg, P A 17101 fJiii.J.l& In. /7Z/{r Michelle M. Miloj ch 292484 <- (; ~ r~ . ,-- , - -.---- DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffi : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVIC~ AND NOW, this f ~'HJ, day of February, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densharn, affirm that I served the foregoing Defendant, John Denshllm's Answers to Plaintiffs' IntelTUgatories by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA I7IIO-I708 DEVLIN ASSOCIATES, P. C, ~~. By: H d D, Kauffinan, Esquire " ~-.. ,.....--' ~> \-:-. 1:.\\ \"-~ ~ --- DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire J.D, #32858 Howard D. Kauffinan, Esquire I,D, #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO, 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ,QmcL.day of March, 2005, I, Howard D, Kauffinan, Esquire ofthe Law Offices of Devlin Associates, p, C., co-counsel for Defendant, John Densham. affirm that I served the foregoing Notice of Deposition of Kevin Bailey by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P,C. 4503 North Front Street Harrisburg, PA 17110-1708 DEVLIN ASSOCIATES, P. C. By: c') c~."; (:';') L,) --------------- DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin. Esquire 1.D, #32858 Howard D. Kauffinan, Esquire 1.D, #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, : NO, 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE c-> 0 c::-;::> (.:"J .~n C....l ~- -..'''' Xl I W I (;:;? 0 w AND NOW, this ,~,r'IlJ day of March, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, p, C" co-counsel for Defendant, John Densham, affirm that I served the foregoing Notice of Deposition of Janett Bailey by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P,C, 4503 North Front Street Harrisburg, P A 1711 0-1708 DEVLIN ASSOCIATES, P. C. BY:~ Ho ard D, Kauffinan, Esqurre SHERIFF'S RETURN - REGULAR CASE NO: 2004-05424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAILEY KEVIN ET AL VS DENSHAM JOHN BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DENSHAM JOHN the DEFENDANT , at 1426:00 HOURS, on the 3rd day of November, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JOHN DENSHAM a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 r:/ ~~ ~.d> ,.-P) /'" b _?::/" J:.j;;;:':;:-:-~;."; ./<~~ R. Thomas Kline Sworn and Subscribed to before 11/03/2004 ANGINO & ROVNER ~.. /. , By: - me this ..1' - day of ~ I . 2005 A.D. eJ,-<-Q In,iJh~ ~~ rothonotary , De~bty s~e~~f~ II I, i ANGINa & ROVNER, P.c. Michael E. Kosik, Esquire Attorney lD# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino~rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PE A. v. CIVIL ACTION - LAW NO. 04-5424 CIVIL TERM JOHN DENS HAM, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PlaintitT intends to serve subpoenas identical to the one that is attached to this otice. You undersigned an objection to the subpoena, have twenly (20) days from the date listed below in which to file of record and se 'e upon the ic ael E, osik, Esquire J.D. No. 365 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for PIa inti ff 292484 served. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police Crime Lab Records Dept. 1800 Elmerton Avenue Harrisburg,PA 17110-9758 Within twenty (20) days after service of this subpoena, you are ordered b the court to produce the following documents or things: results and/or medical records for bl d drawn or blood alcohol content of John Densham, date of birth 3-10-1950, SSN: 206' 8-9947 on December 13, 2002 at Angino & Rovner, 4503 N. Front St., Hbg., PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this sub ena, together with the certificate of compliance, to the party making this request at the address listed above. You h ve the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte 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 PE SON: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiff Name: Address: BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Divisio Deputy . . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Dept. Harrisburg Hospital III South Front Street Harrisburg,PA 17101-2099 Within twenty (20) days after service of this subpoena, you are ordered b the court to produce the following documents or things: medical records for blood drawn or ood alcohol content of John Densham, date of birth 3-10-1950, SSN: 206-38-9947 on Decembe 13, 2002 at Angina & Rovner, 4503 N. Front St., Hbg" PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this sub ena, together with the certificate of compliance, to the party making this request at the address listed above. You h ve the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte 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 PE SON: Name: Address: Michael E. Kosik 4503 North Front Street Harrisburg, PA 17110 (717) 238-679] 36513 Plaintiff Telephone: Supreme Court ID #: Attorney for: BY THE COURT: Date: Seal of the Court ProthonotaryiClerk, Civil Divisio Deputy 1\ . . CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2005 I, Michelle M. Milojevich, employee of Angino & Rovner, P .C., do hereby certify that I have served a true and correct copy the NOTICE OF INTENT in the United States mail, postage prepaid at Harrisburg, Pennsylvani addressed as follows: Howard Kauffman, Esquire Devlin Associates, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 /!JtddJ 1'11. Michelle M. Milojevich 292484 ----- (') f .......::i. f''I''\ ;:~, -.:.,,' ,(': c (ji.2 ., ~-': ~('" 5~::' ""7 =< .-' "'" <= <-~ ::;:. S;; N W """" s.: - - a -n ..... :3:-n rnr:;. ......,.,fr. ..'~ (~.~ ;-:.:;):, :2:1 ~~; i,,;.(t~ '.-..::\ " ..~j ,," N 0;> .---..---~--""' .,- - ANGINa & ROVNER, P.c. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North front Street Harrisburg, PA 17110-1708 (717) 238-6791 fAX (717)238-5610 Attorneys for Plaintiffl:s) E-mail: rnkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF C MMON PLEAS OF CUMBERLAND COUN Y, PENNA. V. CIVIL ACTION - LAW NO, 04-5424 CIVIL TE M JOHN DENSHAM, Defendant JURY TRIAL DEMAN ED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEN PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for documents and th ngs pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party, and plaintiff received a letter from dense counsel waiving the 20 days, letter attached; (2) a copy of the notice of intent, including the proposed subpo na is attached to this certificate, 292484 II " I (3) no objection was filed with the court; (4) the subpoena which will be served is identical to the subpo~na which is attached to the notice of intent to serve a subpoena. Dated: 3131/05 chael E. Kosik, Es Ire Attorney for Plaintitf 2924g4 ANGINa & RaYNER, P.c. Michael E. Kosik, Esquire Attorney ID# : 36513 4-503 North Front Street Harrisburg, P A 17l10-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E.mail: rnkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs (") ....., = 0 c = .,., ~~.. <on ..< -Off :::: ::;j 0"'['" ;t.'" Ri :!J i:- .,T" ;;:.0 r- 71.;: N -om ~! ~~~ ~.nO W C) 1~ :..-...."" :'=1~? i>C' ;r;.... ' . Z_i ::r: ;-'"'52) ""t.: ~;..C) ;,'c:: Orn Z b! -~ N :1,) -< 0> .<: IN THE COURT OF C MMON PLEAS OF CUMBERLAND CO TY, PENNA. v. CIVIL ACTION - LA NO. 04-5424 CIVIL TE JOHN DENSHAM, Defendant JURY TRIAL DEMAN NOTICE OF INTENT TO SERVE A SUBPOENAS TO P ODUCE DOCUMENTS AND TIllNGS FOR DISCOVERY PURSU RULE 4009.21 Plaintiff intends to serve subpoenas identical to the one that is attac ed to this notice. You have twenty (20) days from the date listed below in which to file of reco d and serve upon the undersigned an objection to the subpoena. ic el E. osik, Esqu re I.D. No. 365 4503 N, Front Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel for Plaintiff I I II II 292484 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TH NGS FOR DISCOVERY PURSUANT TO RULE 4009. 2 TO: Pennsylvania State Police Crime Lab Records Dept. 1800 Elmerton Avenue Harrisburg, PA 17110-9758 Within twenty (20) days after service of this subpoena, you are rdered by the court to produce the following documents or things: results and/or medical reco ds for blood drawn or blood alcohol content of John Densham, date of birth 3-10-1950, S N: 206-38-9947 on December 13,2002 at Angino & Rovner, 4503 N. Front St., Hbg., PA 17110. You may deliver or mail legible copies of the documents or produce things requested y this subpoena, together with the certificate of compliance, to the party making this request at the address listed ab ve. 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 (2 ) days after 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 FOLLO ING PERSON: Name: Address: Michael E, Kosik 4503 North Front Street Harrisburg, P A 17 I 10 (717) 238-6791 36513 Plaintiff Telephone: Supreme Court ID #: Attorney for: BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civ'l Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No, 04-5424 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TH NGS FOR DISCOVERY PURSUANT TO RULE 4009. 2 TO: Medical Records Dept. Harrisburg Hospital III South Front Street Harrisburg, PAl 71 0 1-2099 Within twenty (20) days after service of this subpoena, you are rdered by the court to produce the following documents or things: medical records for blood d awn or blood alcohol content of John Densham, date of birth 3-10-1950, SSN: 206-38-9947 on December 13,2002 at Angino & Rovner, 4503 N, Front St., Hbg., PA 17110, You may deliver or mail legible copies of the documents or produce things requested y this subpoena, together with the certificate of compliance, to the party making this request at the address listed ab ve. 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 (2 ) days after 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 FOLLO INO PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: Michael E, Kosik 4503 North Front Street Harrisburg, P A 1711 0 (717) 238-6791 36513 Plaintiff BY THE COURT: Date: Seal ofthe Court Prothonotary/Clerk, Civ 1 Division Deputy 11 CERTIFICATE OF SERVICE AND NOW, this nnd day of March, 2005 I, Michelle M. MiloJevich, an employee of Angino & Rovner, P.c., do hereby certify that I have served a tme and corr~ct copy of the NOTICE i OF INTENT in the United States mail, postage prepaid at Harrisburg, Perlnsylvania, addressed as I ~_: < Howard Kauffman, Esquire Devlin Associates, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 292484 1J2t,"/J) -111. Michelle M. M lojevich 11 , . CERTIFICATE OF SERVICE i ST AND NOW, this 31 day of March, 2005 I, Michelle M. MiIojlevich, an employee of I Angino & Rovner, P,C., do hereby certify that I have served a true aid correct copy of the , CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA in t~e United States mail, , postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Howard Kauffman, Esquire Devlin Associates, P,C, 100 Pine Street, Suite 260 Harrisburg,PA 17101 Michelle M. M lojevich 292484 ;j\ C) c, cc4 ^-;~ '1], "':c. ("" ,--' ('.-.: ,--\ ::; ~O ~"---- - ~ I ANGINO & ROVNER, p,c. Michael E. Kosik, Esquire Attorney 10#: 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 fAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs IN THE COURT OF C MON PLEAS OF CUMBERLAND COUN Y, PENNA. v. CIVIL ACTION - LAW NO. 04-5424 CIVIL TE Defendant JURY TRIAL DEMAN JOHN DENSHAM, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEN PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for docLUnents and th ngs pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the sub oena attached thereto was mailed or delivered to each party, and plaintiff received a letter from dense counsel waiving (2) I a copy of the notice of intent, including the proposed SUbpotna is attached to this the 20 days, letter attached; certificate, 292484 (3) no objection was filed with the court; (4) the subpoena which will be served is identical to the subpoena which is attached to Dated: 3/31/05 ichael E, Kosik, Esq He Attorney for Plaintiff the notice of intent to serve a subpoena. 292484 ANGINa & ROVNER, P,C, Michael E. Kosik, Esquire AttorneyID#: 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs (') ,..., <=> 0 c =- .,., -.""" en -uiD ::J:: :::;j n-',-.- > -'-.,., z::i.; ;;;0 n1p 7,- N -an; O:~~. . :So -<-...~ (..oj t~.. ! r'r" ~-,() ----) -r'-':'r. ~c! ;:::'" 7'):0 ~(:j :r.: .::,.;.("') _.~~ ofT) -" ~ ~ N ~D -" 0:> .< IN THE COURT OF C MMON PLEAS OF CUMBERLAND CO TY, PENNA V, CIVIL ACTION - LA NO, 04-5424 CIVIL TE JOHN DENSHAM, Defendant JURY TRIAL DEMAN NOTICE OF INTENT TO SERVE A SUBPOENAS TO P ODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURS ANT TO RULE 4009.21 Plaintiff intends to serve subpoenas identical to the one that is attac ed to this notice. You have twenty (20) days from the date listed below in which to file of rec rd and serve upon the undersigned an objection to the subpoena. ena may be served, ic ael E, osik, Esq Ire I.D, No, 365 J 4503 N, Front Street Harrisburg, PAl 711 0 (717) 238-6791 Counsel for Plaintiff 292484 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TH NGS FOR DISCOVERY PURSUANT TO RULE 4009. 2 TO: Pennsylvania State Police Crime Lab Records Dept. 1800 Elmerton Avenue Harrisburg, PA 17110-9758 Within twenty (20) days after service of this subpoena, you are rdered by the court to produce the following documents or things: results and/or medical reco ds for blood drawn or blood alcohol content of John Densham, date of birth 3-10-1950, S N: 206-38-9947 on December 13,2002 at Angino & Rovner, 4503 N. Front St., Hbg., P A 17110. You may deliver or mail legible copies of the documents or produce things requested y this subpoena, together with the certificate of compliance, to the party making this request at the address listed a ove. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sough . If you fail to produce the documents or things required by this subpoena within twenty (2 ) days after 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 FOLLO ING PERSON: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik 4503 North Front Street Harrisburg, P A 17110 (717) 238-6791 36513 Plaintiff Name: Address: BY THE COURT: Prothonotary/Clerk, Ci il Division \ \ , Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN BAILEY AND JANETT BAILEY his wife Plaintiffs versus JOHN DENSHAM : No. 04-5424 Defendant I SUBPOENA TO PRODUCE DOCUMENTS OR TH1NGS FOR DISCOVERY PURSUANT TO RULE 4009.12 I I I TO: Medical Records Dept. Harrisburg Hospital III South Front Street Harrisburg,PA 17101-2099 Within twenty (20) days after service of this subpoena, you are rdered by the court to produce the following documents or things: medical records for blood awn or IDlood alcohol content of Jolm Densham, date of birth 3-10-1950, SSN: 206-38-9947 on December 13, 2002 at Angino & Rovner, 4503 N. Front St., Hbg., PA 17110. You may deliver or mail legible copies of the documents or produce things requested y this subpoena, together with the certificate of compliance, to the party making this request at the address listed a ove. You bave the right to seek in advance the reasonable cost of preparing the copies or producing the things sough _ If you fail to produce the documents or things required by this subpoena within twenty (2 ) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. I I THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Michael E. Kosik 4503 North Front Street Harrisburg, P A 1711 0 (717) 238-6791 36513 Plaintiff Telephone: Supreme Court ID #: Attorney for: BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Ci il Division Deputy CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2005 I, Michelle M. Milo~evich, an employee of i Angino & Rovner, P.c., do hereby certify that I have served a tme and corr~ct copy of the NOTICE , I OF INTENT in the United States mail, postage prepaid at Harrisburg, petSy!Vania, addressed as I follows: ' Howard Kauffinan, Esquire Devlin Associates, P.C. 100 Pine Street, Suite 260 Harrisburg, PA l7101 Jl2tLIdt 111. Michelle M. M.lojevich 292484 CERTIFICATE OF SERVICE AND NOW, this 3l5T day of March, 2005 I, Michelle M. Milo evich, an employee of Angina & Rovner, P.C., do hereby certify that I have served a true a d correct copy of the CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA In e United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Howard Kauffman, Esquire Devlin Associates, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 292484 .-'" ., "-2.;, -:~ ,... .<-) ~"i'\ .1 ~1 '"". ~ .;;> DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, P A 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire 1.0. #32858 Howard D. Kauffman, Esquire J.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMlY ON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v, Defendant : NO, 04-5424 CIVIL TERM : JURY TRIAL DEMANDEr JOHN DENSHAM, DEFENDANT'S ANSWERS TO PLAINTIFFS' REOUEST FOR ADMISSIONS - SET I I, Admitted. 2, Admitted, 3. Admitted in part and denied in part. It is admitted that th collision occurred at the rear of Plaintiff, Janett Bailey's Ford F-150 and Defendant's 2002 C evrolet 1500 pick-up truck while Defendant was travelling south on the ramp from 114 to U,S. ~oute 15 South. It is denied that Defendant's vehicle was stopped at the stop sign at the rar p. On the contrary, Plaintiff's pick-up truck was stopped a significant distance before the stop sign at the end of the ramp on 15 South, See Defendant's Answer to Plaintiffs' Complaint. 4. Admitted. 5. Denied, 6. It is admitted that Answering Defendant was so charged, 7. Denied, Answering Defendant has no personal knowledl k: of the test results. 8. Denied. Answering Defendant has no personal knowledl kl of the test results, 9. Denied. 10. Denied. II. Denied, 12. Denied. Respectfully submitted, By: DEVLIN AS>fCIAT' S, P,C. j~ /~ff Howa'r'd D, Kauffinan, ":squire Supreme Court I.D, N . 38963 100 Pine Street, Suite 60 Harrisburg, P A 1710 1 (717) 720-0700 Attorneys for Defendm t, John Densham VERIFICATION I, John Densham, verifY that the facts set forth in the foregoing De endant's Answers to Plaintiffs' Request for Admission - Set I are true and correct to the st of my knowledge, information and belief and understands that statements made herein are sub ect to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. [} .- .--" " ,,", DEVLIN ASSOCIATES, P.c. 100 Pine Street. Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire !.D. #32858 Howard D. Kauffinan, Esquire !.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COM ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDE CERTIFICATE OF SERVICE ^ AND NOW, this b-''/-A day of April, 2005, I, Howard D. Kau , Esquire of the same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John ensham, affirm that I served the Defendant's Answers to Plaintiffs' Request for Admissions Set I by depositing Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 DEVLIN ASSOCIATE, P. C. By: squire ~. ....> ".,0 ~ ~ ?O , CJ' -'0(.0 r'f':(\'; -"~ .".'~ .... ../ ~~ 3 ~;:~ Cc: 1,:;" ..-- ~b'(~) yC ~:S, ..<:. o -n ~-n fl' r:: :jSi(S ~('1'> .....'" ~ (-\~~ 2:'~'" ~?t '.i:! .--. ""'" ,:: - ." cJ' u' DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, P A 1710 1 Phone: (717) 72~7()() John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire J.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V IA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 25th day of April, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm t at I served the Defendant, John Densham's Answers to Plaintiffs' Interrogatories - Set I by harrd delivery: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 DEVLIN ASSOCIATES, P. C. BY:~ How D. Kauffman, Esquire DEVLIN ASSOCIATES, P.c. 100 Pine Street. Suite 260 Harrisburg. PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire !.D. #32858 Howard D. Kauffinan, Esquire !.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENS HAM, Defendant : JURY TRIAL DEMANDED DEFENDANT. JOHN DENSHAM'S ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS - SET II I. Denied. A copy of the test results are not attached. There is no Exhibit "A" attached to Plaintiffs' Request for Admissions - Set n. Additionally, I cannot confirm a .21 % blood alcohol level. I was not privy to any information relating to the testing procedures. I do not believe I was intoxicated. I did not feel intoxicated. I drove from home in White Rock Acres to Ashcombe's, bought a Christmas tree, put it in my truck, drove to Weis, bought ten bags of dog food and headed home with no difficulty. I could see clearly. I only had one or two beers with pizza before I left home. I cannot indicate that the test was performed correctly, that the blood was not contaminated. I cannot admit that I had a blood alcohol level of .21 %. 2. Denied. A copy of the test results are not attached. There is no Exhibit "A" attached to Plaintiffs' Request for Admissions - Set II. Additionally, I cannot confirm a .21% blood alcohol level. I was not privy to any information relating to the testing procedures. I do not believe I was intoxicated. I did not feel intoxicated. I drove from home in White Rock Acres to Ashcombe's, bought a Christmas tree, put it in my truck, drove to Weis, bought ten bags of dog food and headed home with no difficulty. I could see clearly. I only had one or two beers with pizza before I left home. I cannot indicate that the test was performed correctly, that the blood was not contaminated. I cannot admit that I had a blood alcohol level of.2 I %. 3. Denied. A copy of the test results are not attached. There is no Exhibit "A" attached to Plaintiffs' Request for Admissions - Set II. Additionally, I cannot confirm a .21% blood alcohol level. I was not privy to any information relating to the testing procedures. I do not believe I was intoxicated. I did not feel intoxicated. I drove from home in White Rock Acres to Ashcombe's, bought a Christmas tree, put it in my truck, drove to Weis, bought ten bags of dog food and headed home with no difficulty. I could see clearly. I only had one or two beers with pizza before I left home. I cannot indicate that the test was performed correctly, that the blood was not contaminated. I cannot admit that I had a blood alcohol level of .21 %. 4. Denied. A copy of the test results are not attached. There is no Exhibit "A" attached to Plaintiffs' Request for Admissions - Set II. Additionally, I cannot confirm a .21% blood alcohol level. I was not privy to any information relating to the testing procedures. I do not believe I was intoxicated. I did not feel intoxicated. I drove from home in White Rock Acres to Ashcombe's, bought a Christmas tree, put it in my truck, drove to Weis, bought ten bags of dog food and headed home with no difficulty. I could see clearly. I only had one or two beers with pizza before I left home. I cannot indicate that the test was performed correctly, that the blood was not contaminated. I cannot admit that I had a blood alcohol level of .21% or that my consumption of alcohol contributed to the accident. 5. Denied. A copy of the test results are not attached. There is no Exhibit "A" attached to Plaintiffs' Request for Admissions - Set II. Additionally, I cannot confirm a .21 % blood alcohol level. I was not privy to any information relating to the testing procedures. I do not believe I was intoxicated. I did not feel intoxicated. I drove from home in White Rock Acres to Ashcombe's, bought a Christmas tree, put it in my truck, drove to Weis, bought ten bags of dog food and headed home with no difficulty. I could see clearly. I only had one or two beers with pizza before I left home. I cannot indicate that the test was performed correctly, that the blood was not contaminated. I cannot admit that I had a blood alcohol level of .2 I %. I believe I was driving reasonably under the circumstances. 6 (misnumbered 12) Denied. A copy of the test results are not attached. There is no Exhibit "A" attached to Plaintiffs' Request for Admissions - Set II. Additionally, I cannot confirm a .21% blood alcohol level. I was not privy to any information relating to the testing procedures. I do not believe I was intoxicated. I did not feel intoxicated. I drove from home in White Rock Acres to Ashcombe's, bought a Christmas tree, put it in my truck, drove to Weis, bought ten bags of dog food and headed home with no difficulty. I could see clearly. I only had one or two beers with pizza before I left home. I cannot indicate that the test was performed correctly, that the blood was not contaminated. I cannot admit that I had a blood a\cohollevel of .21 %. I believe I was driving reasonably under the circumstances. Respectfully submitted, DEVLIN ASSOCIATES, P.c. By: ow . Kauffinan, Esquire Supreme Court LD. No. 38963 100 Pine Street, Suite 260 Harrisburg, PA 17]01 (7 I 7) 720-0700 Attorneys for Defendant, John Densham VERIFICATION I, John Densham, verifY that the facts set forth in the foregoing Defendant, John Densham's Answers to Plaintiffs' Request for Admission - Set II are true and correct to the best of my knowledge, information and belief and understands that statements made herein are subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. #i{ fl~~ Jo ensham DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire !.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the Defendant, John Densham's Answers to Plaintiffs' Request for Admissions - Set II by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 DEVLIN ASSOCIATES, P. C. BY~ How . Kauffinan, EsqUire .....'1',1 Cl C ,....> ('~ c..;..-) <;::,.n C/O rn -U "', 0) o -n .-\ ::t:..,., fnp -rJl11 :n? f,::" ( J -\.;-1' 'C-'f1 ;:_,~("'S -,,,)rn ~~ "';J :< -u ::r:; '!? w DEVLIN ASSOCIATES, P.c. 100 Pine Street. Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin. Esquire !.D. #32858 Howard D. Kauffinan. Esquire !.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the Notice of Deposition of Officer Pete Beauduy by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PAl 7 II 0-1708 DEVLIN ASSOCIATES, P. C. ,..., = ~ = c.n U, ~~ ... -u I'F N -om :uo ro (-:) 1. -0 :-)~'fli .;~::D -, -'.",:;.') '-? (:5rn --\ -~ 55 w '< DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire !.D. #32858 Howard D. Kauffinan, Esquire J.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 30 'fJ--day of September, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the Amended Notice of Deposition of Officer Pete Beauduy by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Officer Pete Beauduy Upper Allen Township Police 100 Gettysburg Pike Mechanicsburg, PA 17055 By: "" = c:;) C,.J'1 o C) -I 1 .;;- o -n ..... :r: ~''1 nlp =ge9 i'3~: ~,~~ ~!~ :~~ c:>- "'"D '-< .-",. '-;':' N DEVLIN ASSOCIATES, P.c. 100 Pine Street, Suite 260 Harrisburg, P A 1710 I Phone: (717) 720-0700 John Gerard Devlin, Esquire \.D. #32858 Howard D. Kauffman, Esquire \.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -II.. {] day of October, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the Defendant, John Densham's Answers to Plaintiffs' Request for Admissions - Set III by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.c. 4503 North Front Street Harrisburg, P A 17 II 0-1708 DEVLIN ASSOCIATES, P. C. a~~ By: r-> ,::? C} c'). -<1 r~' 0 -1 CO) .x. -n -; ,n f':;:' ~-:-l (::1 :' ',) >'r'. - : 1;_,.] ~ -"-\ ) C') ;,:;0- C) rn r -\ CD- "n 0 '-< DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, P A 171 0 I Phone: (717) 720-0700 John Gerard Devlin, Esquire !.D. #32858 Howard D. Kauffinan, Esquire I.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly marked the above-captioned matter as settled, discontinued and ended with prejudice. AN9IN~&JWVNER, P.C. / i ~ / / / By:. {j0. . L-Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs, Kevin Bailey and Janett Bailey . DEVLIN ASSOCIATES, P.c. 100 Pine Street. Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire J.D. #32858 Howard D. Kauffinan, Esquire J.D. #38963 KEVIN BAILEY and JANETT BAILEY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-5424 CIVIL TERM JOHN DENSHAM, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of November, 2005, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., co-counsel for Defendant, John Densham, affirm that I served the Praecipe to Settle, Discontinue and End by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 DEVLIN ASSOCIATES, P. C. By: ....> ~+:~:':; .::...f' -- ~l - .....J '""7' <f! - ,'..