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HomeMy WebLinkAbout04-6244 KIMBRA KURTZ 404 Scotland Drive Greenfield Manor Newark, DE 19702, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO. 0 If-(; J-lf'T ~ L ANN M. PIERCE 271 Carol Street New Cumberland, PA 17070, Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against the defendant in the above-captioned action. Said Writ of Summons shall be issued and forwarded to th Sh iff for servi upon the above-named defendant. ~ Stephen M. Greecher, Esquire TUCKER ARENSBERG, PC 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Supreme Court 1.0. #36803 Date:/.:..<' - /~-Or WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: By Deputy ( ) Check here if reverse is used for additional information 74071.1 f p ~ C) l"--.~ ~ ~: . = 0 C::1 W -J-"- -n 0\. ~ '. I C" for i ~ ...p \,,-..') w VJ ~ . / ) C "" :~ .,~ l C.,,) ~ V- -\'} \ .' .' (r r- -,- -.c"<< ~ '"' J::- ;.~j :';:! N :XJ -.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION NO. 04-6244 Civil Term v. PRAECIPE FOR APPEARANCE ANN M. PIERCE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Hecord for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L,L.P, Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVil DIVISION v. NO. 04-6244 Civil Term ANN M, PIERCE, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, l.l.P., on behalf of the Defendant, Ann M, Pierce, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNEL.L, HUDOCK, GUTHRIE & SKEEL, L.LP. /" evin D. Rauch, I::squire Counsel for Defendant By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S, Mail to c:ounsel of record via first class mail, postage pre-paid, this ;;<b day of January, 2005. Stephen M, Greecher, Esquire Tucker Arensberg, PC 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-088B SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L..P. 7 -- evin ,Rauen, Esquire Counsel for Defendant By: i-..' (N_ " " - r<) ....,_..\ ,. '> :I::~ < L-', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION NO, 04-6244 Civil Term v. ANN M. PIERCE, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Ftecord for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVil DIVISION v, NO. 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Kimbra Kurtz, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNEL.L, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evin D, Rauch, I=squire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S, Mail to counsel of record via first class mail, postage pre-paid, this --fJ:n- day of January, 2005. Stephen M, Greecher, Esquire Tucker Arensberg, PC 111 North Front Street P,O, Box 889 Harrisburg, PA 17108-088H SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.l..P. By: ./ K vin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) RULE AND NOW, this :2/5'+, day of January, :2005, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of selvice, or suffer judgment Non Pros. Rule issued this d/ ['i- day of January, 2005, (!117JL, _k ~ ProthonotalY 4 c_~ r,~ r,,' C" - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) RULE AND NOW, this ,2/ j}- , day of January, 2005, upon consideration of Defendant's Praecipe for Rule to Fife a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of smvice, or suffer judgment Non Pros. Rule issued this d. / Jt-" day of January, 2005. ~'/1~'~ /J.; Prothonota :;:Pj ',> (_.. ,l". \",) -' I:: ,1:- c, - Tucker Arensberg, p.e. By: Stephen M. Greecher, Jr. (J.D. No, PA-36803) ATTORNEYS FOR PLAINTIFFS 111 North Front Street P. 0, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 KIMBRA KURTZ, Plaintiff V. ANN M. PIERCE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6244 CIVIL TERM CIVIL ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you buy the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 "AVISO" "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las ipaginas siguientes, usted debe tamar la acci6n en el pla~o de veinte (20) dias despues de esta queja y se sirve el aviso, incorpora.ndo un aspecto escrito personalmente 0 y archivando en escribir con la corte sus defensas u objeciones a tas demandas dispuestas contra usted el abogado Ie advierte que que si usted no puede halcer as! que el caso puede proceder sin usted y unjuicio se puede incorporar contra usled compra la corte sin aviso adicional para cualquier dinero demandado en la queja 0 para cualquier otra demanda 0 relevaci6n pedida por el demandante. Usted puede perder el dinero 0 la caracterlstica de otra endereza importante a usted. USTED DEBE LLEV AR ESTE P APEL SU ABOGADO INMEDlAT AMENTE. SI USTED NO HACE QUE UN ABOGADO V A Y A A 0 LLAME paR TELEFONO La OFICINA DlSPUEST A ABAJO. EST A OFICINA PUEDE PROVEER DE USTED LA INFORMACION SaBRE EMPLEAR A UN ABOGADO. SI LSTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGAOO, EST A OFICINA PUEDE PODER PRO VEER DE USTED LA INFORMACION SaBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDlCOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGlBLES EN UN HONORARIa REDUCIDO o NINGlIN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBRA KURTZ, v. ANN M, PIERCE NO. 04-6244 CIVIL TERM Defendant COMPLAINT 1. Plaintiff is KIMBRA KURTZ, an adult individual residing at 404 Scotland Drive, Greenfield Manor, Newark, Delaware 19702. 2, Defendant is ANN M. PIERCE, an adult individual residing at 271 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On or about December 23, 2002, at approximately 2:30 p,m., Plaintiff, Kimbra Kurtz, was a passenger in a 2000 Chrysler Sebring operated by Roxann Maxwell, proceeding southbound on Central Boulevard in Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, approaching the intersection with Chestnut Street. 4. On or about December 23, 2002, at approximately 2:30 p,m., Defendant, Ann M. Pierce, was operating a 2001 Volvo on Chestnut Street at the intersection of Chestnut Street and Central Boulevard in Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 5. Traffic traveling on Chestnut Street, as was Defendant, Ann M, Pierce, is subject to a stop sign at the intersection of Chestnut Street and Central Boulevard and must yield the right-of-way to traffic on Central Boulevard. 6. Southbound traffic on Central Boulevard at the aforesaid intersection with Chestnut Street has the right of way and is not subject to any traffic control device such as a stop sign or light. 7. Defendant, Ann M. Pierce, either failed to stop at the stop sign at Chestnut Street and Central Boulevard or pulled from the stop sign into the path of the vehicle operated by Ms, Maxwell on Central Boulevard, causing a collision between the vehicle operated by Ms. Maxwell in which Kimbra Kurtz was a passenger and the vehicle oper,ated by Defendant, Ann M. Pierce, 8, As a result of the aforesaid collision and motor vehicle accident, which was the result of the negligence and carelessness of Defendant Pierc,e, Plaintiff, Kimbra Kurtz, suffered various serious personal injuries, some of which may be permanent, including but not limited to: a. Injuries to her knees; b. Injuries to her left abdominal region; c. Injuries to her back; d, An aggravation of pre-existing conditions; 9. Plaintiff, Kimbra Kurtz, has undergone evaluations and medical care, including care with her family physician, chiropractic care, physical modalities and massage therapy, 10, As a result of the aforesaid collision and motor vehicle accident, and the negligence and carelessness of Ann M. Pierce, Plaintiff, Kimbr~1 Kurtz, has suffered damages which include, but are not limited to: a. Past, present and future physical pain and suffering, mental anguish, emotional distress, and a loss of life's pleasures; b. Past, present and future, expenses for medical care, health care and related care that she has undergone for injuries she suffered as a result of the aforesaid collision and motor vehicle accident, for which she claims to the extent permitted by applicable law; c, Loss of earnings or earning capacity for which she claims to the extent permitted by applicable law, -2- 11. The aforesaid collision and motor vehicle acClident and the resulting damages were the direct and proximate result of the negligence and carelessness of Defendant, Ann M, Pierce, in that she: a. failed to keep a proper lookout; b. proceeded into the intersection when it was not safe to do so; c, failed to obey a traffic control device; d. failed to yield the right-of-way to the vehicle being operated by Roxann Maxwell; e. failed to stop at and/or obey the stop sign. 12. Defendant, Ann M. Pierce, operated her vehicle in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, and is guilty of negligence per se. WHEREFORE, Plaintiff, Kimbra Kurtz, requests that judgment be entered in her favor in an amount not in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, plus interest, damages for delay, and costs of suit. TUCKER A p , r. Attorn y's I.D. No. PA-36803 111 North Front Street P. 0, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF ~;~ I !pq)>, -3- VERIFICATION I, KIMBRA KURTZ, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are made, subject to the penalties of 18 Pa.C,S.A. 94904, relating to unsworn falsification to authorities. y~ \;~ Kimbra Kurtz 74962.1 CERTIFICATE OF SERVIGE AND NOW, this ;J. ~ fA day of JANUARY, 2005, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin D, Rauch, Esquire Summers, McDonnell, Hudock Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 ATTORNEYS FOR DEFENDANT Jacq~~r~ 75132.1 r-' () ~,,''::' c'...." 'I I <'.:.f~ t- .-. ,.,. 71: -n :z: n' \';"; -rJ \'n 1') ::':~(,? 01 i::~S:?, -n (:') :\1 , ::~ ..:."C; ( ~:,,,,;. r('\ ( r:-? ,...) '~ " CJ rf 0::: -< - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM BRA KURTZ, Plaintiff, CIVIL DIVISION NO. 04-6244 Civil Term v. ANSWER AND NEW MATTER ANN M. PIERCE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiff Kevin D, Rauch, Esquire Pa,I.D,#83058 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereo r a 'udgment may be e ed ga. s you. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 ock, (717) 901-5916 #13411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Ann M. Pierce, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P" and Kevin D, Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3, Admitted. 4, Admitted, 5. Admitted, 6. Admitted. 7, Admitted in part, denied in part. It is admitted that the accident occurred as a result of the Defendant's negligent operation of her motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 7 are denied generally pursuant to Pa,R.C.P. 1029(d) and (e), Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C,P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9, After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10, Paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11, Paragraph 11 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa,R.C,P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Ann M. Pierce, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute, 14. Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15, To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action, WHEREFORE, Defendant, Ann M. Pierce, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, By: VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MA TIER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MA TIER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities, ~'l ~l, RelU Date: 2 /1 - oC; Ann M. Pierce #13411 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this !1~ day of February, 2005. Stephen M, Greecher, Esquire Tucker Arensberg, PC 111 North Front Street P,O, Box 889 Harrisburg, PA 17108-0889 SUMMERS, McDONNELL, HUDOCK, GUTHRIE KEEL, L.L.P. By: KIMBRA KURTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-6244 v. ANN M. PIERCE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER 13. The allegations of Paragraph 13 state legal conclusions to which no response is required. 14. The allegations of Paragraph 14 state legal conclusions to which no response is required. 15. The allegations of Paragraph 15 state legal conclusions to which no response is required. To the extent the allegations are deemed to be factual, it is denied that Plaintiff is subject to any limited tort option, 16. The allegations of Paragraph 16 state legal conclusions to which no response is required. To the extent the allegations are deemed to be factual, it is denied that this case is barred in whole or in part by the statute of limitations in that the action was filed prior to the running of the applicable statute of limitations, , Attorney's I.D. No. PA-36803 111 North Front Street p, 0, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: March 3, 2005 75985.1 VERIFICATION I, KIMBRA KURTZ, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C,S.A. ~ 4904, relating to unsworn falsification to authorities. v...~ V~ d,\d.~\O.0 Kimbra Kurtz 74962.1 CERTIFICATE OF SERVICE ") '":>0 AND NOW, this .:::> ' day of MARCH, 2005, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 ATTORNEYS FOR DEFENDANT 75132.1 ~~r I)w~~ Jacquely Zettlemoyer ,-\ 'r :1-i " (,;,;'1 ...J) -:". - CASE NO: 2004-06244 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KURTZ KIMBRA VS PIERCE ANN M HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS PIERCE ANN M DEFENDANT was served upon the , at 1640:00 HOURS, on the 4th day of January ,2005 at 271 CAROL STREET NEW CUMBERLAND, PA 17070 BEN HENSON, SON by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.58 .00 10.00 .00 40.58 Sworn and Subscribed to before me this ..lY~ day of L ~ 2<Jl?S A.D. / . , (J..~Q.~~ I l1rothonotary I So Answers: .'?-;~t:'};;fS~'z<;~ ~ , f~ R. Thomas Kline 01/05/2005 TUCKER ARENS BERG By: 7h1~ . Deputy ~riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P NNSYLVANIA KIMBRA KURTZ, Plaintiff, Civil Division No, 04-6244 v, ANN M. PIERCE, Defendant. CERTIFICATE PREREQUISIT TO SERVICE OF A SUBPOENA P RSUANT TO RULE 4009.22 Filed on behalf of the Defendan Counsel of Record for this Part Kevin D. Rauch, Esquire I.D.#83058 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P, Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v, NO. 04-6244 ANN M. PIERCE, Defendant. (Jury Trial Demanded) I As a prerequisite to service of a subpoena for documents and things pursuant to CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Rule 4009.22, this Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoe a attached thereto was mailed or delivered to each party at least twenty (20) days prio to date on which the subpoena sought to be served. 2. A copy of the Notices of Intent, including the proposed sub oenas, are attached to this Certificate, I ! Plaintiff's counsel waived the twenty (20) day waiting requireme t in a letter 3. dated March 22, 2005, (A true and correct copy of the correspondence date March 22, 2005, is attached hereto as Exhibit "A",) I I ! The subpoenas which will be served are identical to the subp enas which 4. are attached to the Notices of Intent to Serve the Subpoena, Respectfully submitted, Date: 3-~5'{)5 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P, BY:~! /) ~fj'J( Kevin D. Rauch, Esquire Attorneys for Defendant TUCKERIARENfI~~?n~~ Stephen . Greecher, Jr. sgreecher tuckerlaw.com March 22, 2005 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyns, PA 17043 RE: Kimbra Kurtz v. Ann M. Pierce Our Client/Matter #022002-121350 Dear Kevin: I received the Notices of Intent to serve subpoenas in the above case on the ollowing providers: 1. Delaware Orthopaedic Center/Limestone Medical Center 2. Papastavros Associates 3. Delaware Therapeutics 4, First State Physicians 5. Diagnostic Imaging Associates 6, Maria Lazar, M.D. Please be advised that I have no objection to the service of these subpoenas and I am waiving the 20-day requirement on behalf of my client. Sincerely, SMGjr:jz 76695.1 ~.. ,,":C.,;.:":.' ' -:.:..........;:< ,,' ., . , '. .:....; ,',',.-.:,':', ",-,.,', .:'.:..:.......':..... , U;J I~' \S ;.. ~....; Tucker Arensberg, P,C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 www.tuckerJa.com p.800.257.4121 p.717.234.4121 f.717.232.6802 \ I, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO, 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 009.21 Delaware Orthopaedic Center/Limestone Medical Center M dical To: Stephen M, Greecher, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed bel w in which to file of record and serve upon the undersigned an objection to the subpo na. If the twenty (20) day notice period is waived or if no objection is made, the subpo na may be served. Date: 3~ It -0<<:;"" Attorney for Defendant, Ann M. Pierce COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, File No, 04-6244 v. ANN M. PIERCE, Defendant. SUBPOENATOPRODUCEDOCUMENTSORTBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Delaware oRthopaedic ctr:, Limestone Med. Ctr., : ..") TO: 1941 :Limestone Road, Suite 101, Wilmington, DE 19,08 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to oducethe following documents or things: See attached Explanation of Required Records. at 1017 Mumma , Road Suite 300, Lemoyne PA 17043 (Address) You may deliver or maillegib~ <;opies of the documents or produce things requeste by this subpoena, togeilier with ilie certificate of <;ompliance, to ilie party making tms request at ilie add! 8S listed above. You have the right to seek in advance ilie reasonable cost ofprepiuing the copies or prod cing ilie Q :tlrings sought., , rfyou fail~ pmduce tl1, <!qCl101en~9r tlrings require'! hythissubpoena witliin tWeIity ( 0) days after its 8ernce, ilie party serving this subpoena may seek a court order compelling you to, comply v 'ili it '_ I, ": '.. TIllS SUBPOENA wAS ISSUED AT THE REQUEST OF THE FOLLOWlNG PERSON' NA>>$: Kevin D. Rauch, Esquire ADDRESS:' Summers, McDonnell, IIgdock Guthrie & Skeel, L.L.P. ' \', " 1017 Mlimma Rd." Suite ':300, Lemoyne, PA 17043 1E:~~RONE:(71 7) 9 b 1-5 91 6 SlJPRE\I1E GOPR'f ID # 83058 ATIORNEYFOR,' Defendant BY Date: fYl";iM 1.., II, j rx:;.Y , Seal ofilie C,,~ . ;,.- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Delaware Orthopaedic Center/Limestone Medical Center 1941 Limestone Road, Suite 101 Wilmington, DE 19808 RE: Kimbra Kurtz - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 009.21 Maria Lazar, M.D. Medical To: Stephen M. Greecher, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed bel w in which to file of record and serve upon the undersigned an objection to the subpo na. If the twenty (20) day notice period is waived or if no objection is made, the subpo na may be served, Date: 3 -Ii -0..,- By: Ke n . Rauch, Esquire Attorney 1.0. No. 83058 1017 Mumma Road, Suite 30 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M. Pierce CO:MMONWEALTIl OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, FileNo, 04-6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Maria Lazar, M.D., 1400 Peoples Plaza, TO: Suite 305, Newark, DE 19702 (Name ofPerson or Entity) Within twenty (20) days after service of this subpoena, you are ordeted by the court to' roduce the following documents or things: . , See attached Explanation of Required Records. ~ 1017 Mumma Road Suite 300 Lemo ne PA 17043 (Address) You may deliver or mail legtble copies of the documents or produce things reqiIeste by this subpoena, together with the certifIcate of compliance, to the party making 'this request at the addr ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies ot prod cing 1he CLt)rings sought. Ii yoil fail to Produce tl:!<: c\ocmp.ents or things required by this, subpoena within tWenty ( 0) days after its service, 1he party servillg this subpoena may seek a court order compelling you to Comply' 'th it. ' "'. "" TiiIs SUBFOENA wAs ISSUED AT TIIE REQUEST OF TIIE FOLLOWJNG PERSO NAME: Kevin D. Rauch, Esqutre ADDRESS: Sllmmers, McDonnell, Hudock Guthrie & Skeel, L.L.P. ,. \' , . 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043 TE:~PHONE: .(717) 901 591 6 Sl)PRE~COURTID# 83058 ATI6RN:EYFOR:' Defendant Dite: fIl~.17 r: f '! / J..C\0...r- , , Seal oftbe Court I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Maria Lazar, M,D. 1400 Peoples Plaza, Suite 305 Newark, DE 19702 RE: Kimbra Kurtz - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ANN M, PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 009.21 First State Physicians M dical To: Stephen M. Greecher, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed bel w in which to file of record and serve upon the undersigned an objection to the subpo na. If the twenty (20) day notice period is waived or if no objection is made, the subpo na may be served. Date: }-t6 -0<: By: K vln D. Rauch, Esquire Attorney 1.0. No, 83058 1017 Mumma Road, Suite 30 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M. Pierce l COMMo.NWEALTH o.F PENNSYLVANIA Co.UNTY o.F CUMBERLAND KIMBRA KURTZ, Plaintiff, FileNo. 04-6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 First State Physicians (Kevin McDermott, D.C.), TO.: 12 Fox Run Shopping CEnter, Bear, DE 19701 (Name pfPerson or Entity) Within twenty (20) days after service of this subpoena, you are ordeted by the court to p duce the following d.ocuments or things: ' See attached Explanation of Required Records. ~ 1017 Mumma.Road Suite 300 Lemo ne PA 17043 (Address) Y.ou may deliver or mail legIble copies .of the documents or produce things requested by this subpoena, together with the certificate of con:ipliance, to the party making this request at the addre s listed above. You have the right to seek in advance the reas.onab1e cost of preparing the copies at produ ing the Qtbings sought. If yoil fail to produce the d()cuIDel!~ or things :re~ed by this subpoena within tWenty (2 ) daY. after its service, ilie party sening this subpoena may seek a court order c~rupelling you to. comply' it.' .,\ TIt1s SUBPOENA WAS ISSVEDAT 'tHE REQUEST OF TIIE FOLLOWlNG PE~SON: N~: Kevin D. Rauch, Esqui're ADDRESS: Summers , McDonnell , H~dock, Guthrie & Skeel, L.L.P.' ,. '.' 101.7 Mumma Rd.., Suite 300, Lemoyne, PA 17043 1ELEPHONE:(717) 9()1-5916 . Si'iJ?REMECOlJRTJD# 83058 A1'rORNEtFOR:' Defendant Date: (1!::i"'-cl-:/1 )''VS Seal of the C~-qrt e EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: First State Physicians 12 Fox Run Shopping Center Bear, DE 19701 RE: Kimbra Kurtz - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records . - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN YLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v, NO, 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 009.21 Diagnostic Imaging Associates M dical To: Stephen M. Greecher, Esquire Kevin D, Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed bel w in which to file of record and serve upon the undersigned an objection to the subpo na, If the twenty (20) day notice period is waived or if no objection is made, the subpo na may be served, Date: 3--/~ ~ Attorney for Defendant, Ann M. Pierce COMMONWEALTIf OF PENNSYL VANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, FileNo, 04-6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FORDISCOVERY PURSUANT TO RULE 4009.22 Diagnostic Imaging Associates, Omega Professional tr., TO: L-6 Omega Dr., Newark, DE 19713 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordeted by the court to oduce the follQwing documents Qr things: . . See attached Explanation of Required Records. ~ 1017 Mumma.Road Suite 300 Lemo he PA 17043 (Address) . You may deliver or mail legible copies of the documents Qr produce things reqileste subpoena, tQgether with the cert1flcate of conipliance, tQ. the party making this request at the addr s listed above. You have the right to seek in advance the reasonable cost of preparing the copies ot produ.' g the 0_ .thing' sought If you fail.f\> pt()dnctl tI:1e 4qcuments \>r things requited by this. subPoena within tWellty ( ) days after its service, the party serving tins subpo;'k may seek a court order compelling YQU to comply th it. . .(; TItrs SUBPOENA wAs tSSUEDAT THE REQUEST OF THE FOLLOWJNG PERSON. N~: Kevin D. Rauch, Esquire ADDRESS: Summers, McDonnell, E:]-ldock Guthrie I Skeel, L.t.P. " . .1017 Mumma Rd.., Suite 300, Lemoyne, PA 17043 TE.L,El'HONE:(717) 901-5916 SlJii~COURTlD# 83058 AmRNEYFbi:C Defendant Date: ;rz:':Ji? ("' -l.: / I d-.~ . . Seal of.the Court ( EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Diagnostic Imaging Associates Omega Professional Center L-6 Omega Drive Newark, DE 19713 RE: Kimbra Kurtz - All hospital records (including nurses records and progress notes) - Tra'nscribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v, NO. 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 009.21 Delaware Therapeutics M dical To: Stephen M, Greecher, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed bel w in which to file of record and serve upon the undersigned an objection to the subpo na, If the twenty (20) day notice period is waived or if no objection is made, the subpo na may be served. Date: "7 (~ -o-C-- By: Ke in D. Rauch, Esquire Attorney I.D. No. 83058 1017 Mumma Road, Suite 30 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M. Pierce COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, FileNo. 04 6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Delaware Therapeutics, 12 Fox Run Drive, TO: r DE 19701 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to p oduce the following documents or things: ' See attached Explanation of Required Records. ~ 1017 Mumma Road Suite 300 Lema ne PA 17043 (Address) You may deliver or mail legible copi"s of the documents or produce things reqileste subpoena, togethlir with the certificate. of conip1iance, to the party making this request at the a above. You have the right to seek in advance the reasonable cost of pr~paring the copies or pI' ''l tbings sought If You fail.to produce $: dqcwllim,ts or things r6quired by this subpoena Within tWe~ty ( 0), days after its service, the party serv:fug tins subpoena may seek a court order c~mpelling you to. comply' th it . "i -.; ',. THIS SUBI'OENAWAS ISSUED AT 'THE REQUEST OF THE F6LLOWINGPE~ON NAMl>:. Kevinp. Rauch, Esqui're ADDRESS: Summers , McDonnell , HHdock Guthrie &. Skeel, L.L.P. . '. ' 1017 Mumma Rd. ".. Sui te . '300 , Lemoyne, PA 17043 'IJirliJ"HONE.:{.7J 7) 9 0 1- 5 9 1 6 SQP~C;:OlJRTID# 83058 ATIOOOYFOR:' Defendant BY COURT: Date: fYl;Jfir i . Il 'J. i-y.;r , Seal of the Court I ,,--" I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Delaware Therapeutics 12 Fox Run Drive Bear, DE 19701 RE: Kimbra Kurtz - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v, NO, 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) . I NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 009.21 Papastavros Associates M dical To: Stephen M. Greecher, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to th one that is attached to this notice. You have twenty (20) days from the date listed bel w in which to file of record and serve upon the undersigned an objection to the subp na. If the twenty (20) day notice period is waived or if no objection is made, the subpo na may be served. Date:y(~~O< By: Kev n . Ra ch, Esquire Attorney I.D, No. 83058 1017 Mumma Road, Suite 3 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M. Pierce COMMONWEALTII OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, FileNo. 04 6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Papastavros' Associates., 2600 Glassgow Avenue, TO: (Name of Person or Entity) Within twenty (10) days atter service of this subpoena, you are ordeted by the court to p oduce the following documents or things:' . See attached Explanation of Required Records. ~ 1017 Mumma Road Suite 300 Lemo ne PA 17043 (Address) Yon may deliver or mail legible copies of the documents or produce things reCJ!leste by this subpoena, together with the certificate of conipliance, to the party making this request at the addt ss listed above. You have the right to seek in advanc~ there:tsonable costofprq,arlng the copies ot pro .. g the Q .thing. sought. . . Ii y"u f;rilto p~oduce tlle documents or things required by this. subpoena within twenty ( 0) days after its service, the party serving this subpoena may seek a court order compelling you to cOll1ply .th it. . ." . . Titrs SUBPOENA WAS ISSUED AT THE REQUEST OF mE FOLLOWING PERSO NAME:. Kevin D. Rauch, Esqui're ADDRES~:" Summers, McDonnell, ffpdock, Guthr~e & Skeel,' L.L.P. \. 1017 Mumma Rd.., Suite 300, Lemoyne, PA 17043 1]':IPP.HONE:(.717) 9b1-5916 SuPREM"ECOURTID# 83058 AfiOWYFoR::- Defendant BY TIIE COURT: "-,. . Dite: fYI';:jJj r i. . il :J.~ . . Seal of the C",m I ..; EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Papastavros Associates 2600 Glassgow Avenue Glassgow, DE 19702 RE: Kimbra Kurtz - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports CERTIFICATE OF SERVICE .1 I HEREBY CERTIFY that a true and correct copy of each of th foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAN TO RULE 4009.22 has been mailed by U.S. Mail to counsel of record via first class m ii, postage ! pre-paid, this};A day of 1f!!I (( ~ , 2005. Stephen M. Greecher, Esquire Tucker Arensberg, PC 111 North Front Street P.O, Box 889 Harrisburg, PA 17108-0889 SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. BY: ;J ~urc Kevin D. Rauch, Esquire Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA klMBRA KURTZ, , Plaintiff, Civil Division No. 04-6244 v. ANN M, PIERCE, Defendant. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Filed on behalf of the Defendant Counsel of Record for this Party Kevin D, Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P, Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO, 04-6244 ANN M. PIERCE, Defendant. (Jury Trial Demanded) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to IRule 4009.22, this Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached ~hereto was mailed or delivered to each party at least twenty (20) days prior to date on ~hiCh the subpoena sought to be served. i , 2. A copy of the Notices of Intent, including the proposed subpoenas, are i ~ttached to this Certificate. I 3. Plaintiff's counsel waived the twenty (20) day waiting requirement in a letter fated April 15, 2005. (A true and correct copy of the correspondence dated April 15, 2005, ,S attached hereto as Exhibit "A".) 4. The subpoenas which will be served are identical to the subpoenas which we attached to the Notices of Intent to Serve the Subpoena. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. pate: f)-W-05 BY: ~u D fJd Kevin D. Rauch, Esquire Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ANN M, PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Sporting Hill Family Health Center , Medical To: Stephen M. Greecher, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is f,' ttached to this notice, You have twenty (20) days from the date listed below in which o file of record and serve upon the undersigned an objection to the subpoena, If the enty (20) day notice period is waived or if no objection is made, the subpoena may be erved. bate: 4-11-05 By: ~ (j ~(]O~ Kevin D. Rauch, Esquire Attorney 1.0. No. 83058 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M, Pierce COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, FileNo. 04-6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Sporting Hill Family Health Center TO: 350 South Sporting Hill Road, Mechanics~urg. PA 17055 (Name of Person or Entity) Within twenty (20) days after service ofthiB subpoena, you are ordered by the court to produce the following documents or things: ' See attached Explanation of Required Records. ~ 1017 Mumma Road, Suite 300, Lemoyne, PA 17043 (Address) ~ You may deliver or mail jegible copies of the documents or produce things reqiIested by this subpoena, together with the certificate ofconipliance, to the party making this request at the address listed a~6ve. You have the n,'glit to seek in advance the reasonab,Ie c,ost ofprOparing the cop,' ies otp,r6ducing the ,things sought.' , . Ity~iI iJrilto Produce tlte docun;t"n4 or things required by thiBsubPoena witjiin tWe1l,ty (20) days \ after its service, the party serving tbis subpoena may seek a court order compelling you to. comply with it I TIiIs SUBP~~A wAS rss~ AT ~ REQUEST OF THE ;OLLOWING PERSbN: NAMA: Kevin D. Rauch, EsqUIre ADDRESS: Summers, McDonnell, HHdock, Guthrie & Skeel, L.L.P. \ 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043 T.EL.EPHONE:(.717) 9 () 1 - 5 91 6 Suf~C()~1'ID# 83058 ATTORNEY FOR: Defendant late: r' 4 ~ILLl. ~\, ~ DOS , ISe.I of the Court COURT: ','. EXPLANATION OF REQUIRED RECORDS , I 110: CUSTODIAN OF RECORDS FOR: I ! - All hospital records (including nurses records and progress notes) Transcribed hospital records Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports porting Hill Family Health Center 50 South Sporting Hill Road echanicsburg, PA 17055 Kimbra Kurtz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v. NO. 04-6244 Civil Term ~NN M. PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ,Family Medicine Center of Camp Hill ! To: Stephen M. Greecher, Esquire Medical Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is ~ttached to this notice. You have twenty (20) days from the date listed below in which o file of record and serve upon the undersigned an objection to the subpoena. If the enty (20) day notice period is waived or if no objection is made, the subpoena may be erved. 4-11-05 By:l!JW1 D~6r Kevin D. Rauch, Esquire Attorney I.D. No. 83058 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M, Pierce COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KIMBRA KURTZ, Plaintiff, File No, 04-6244 v. ANN M. PIERCE, Defendant. SUBPOENA TO PRODUCE DOCUMENTS ORTBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Family Medicine Center of Camp Hill TO: 4076 Market street, Camp Hill, PA 17011 O'roneofPemonorEntiry) Within twenry (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . See attached Explanation of Required Records. ~ 1017 Mumma Road, Suite 300, Lemoyne, Ph 17043 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of conipliance, 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. IfyoiI fail to prod,!ce 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. . TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMP: K~vin D. Rauch, Esquire ADDRESS: Summers, McDonnell, Hj.ldock, Guthrie & Skeel, L.L.P. ' 1017 Mumma Rd., Suite 300, Lemoyne, PA 17043 TEIEPHONE:(717) 9()1-5916 SuPREME COURT ID # 83058 AtiORN:EYFOR.;- Defendant BY Date:JlprL\ I ~~;J f\A5' . . eal of the Co. EXPLANATION OF REQUIRED RECORDS , [TO: CUSTODIAN OF RECORDS FOR: Family Medicine Center of Camp Hill 4076 Market Street ,Camp Hill, PA 17011 RE: Kimbra Kurtz _ All hospital records (including nurses records and progress notes) - Transcribed hospital records 1- Clinician office chart notes _ Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports _ Emergency & urgency care notes - Pathology reports Billing statements - X-rays, MRls CT Scans Diagnostic imaging reports All reports IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBRA KURTZ, Plaintiff, CIVIL DIVISION v, NO, 04-6244 Civil Term ANN M. PIERCE, Defendant. (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 IHarrisburg Hospital ! Medical To: Stephen M, Greecher, Esquire i Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is F1ttached to this notice. You have twenty (20) days from the date listed below in which fo file of record and serve upon the undersigned an objection to the subpoena. If the wenty (20) day notice period is waived or if no objection is made, the subpoena may be erved. 'D'te ~-II-05 By ~ /iJ~~Jor Kevin D. Rauch, Esquire Attorney I.D, No, 83058 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 Attorney for Defendant, Ann M, Pierce COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM:BERLAND KIMBRA KURTZ, Plaintiff, FileNo, 04-6244 v. ANN M. PIERCE, TO: Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Harrisburg Hosplta~ 111 South Front Street, Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordeted by the court to produce the following documents or things: . See attached Explanation of Required Records. I at I (Address) i 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 :~;:'s~~~t,~ve th,e right to see, k, in adva1l, c, e, the reasonable cost, of preparing the coP,' ies, otPtO,'dUC,in,gthe , If you fail to i?r:oduce the dQcuri1ent~ 9r things required by this, subpoena within tWenty (20) days I after its servi,,:,: the party serving ~ subpoena may seek a court order c~mpe11ing you to. comply with it. . TIllS SUBPOENA W AB ISSUED. AT THE REQUEST OF TIffi FOLLOWING PERSON: 1017 Mumma,Road, Suite 300, Lemoyne, PA 17043 NAME:, Kevin D. Rauch, EsquIre ADDRESS:' SUmmers, McDonnell, EHdock, Guthrie & Skeel, L.L.P. ' \ 1017 Mumma Rd.., Suite 300, Lemoyne, PA 17043 Wl:;EPHONE:.(717) 901-5916 Sl!l'~CO{)RTID# 83058 ATtORNEY FOR: , Defendant . COURT: ) D~fe:-4J~ll ~ '~:J /)t% S aI of the Co EXPLANATION OF REQUIRED RECORDS !TO: CUSTODIAN OF RECORDS FOR: !Harrisburg Hospital !111 South Front Street iHarrisburg, PA 17101 IRE: Kimbra Kurtz I - All hospital records (including nurses records and progress notes) - Transcribed hospital records - Clinician office chart notes - Medical records needed for continuity - Dental records - Most recent five-year history - Physical therapy records - Laboratory reports - Emergency & urgency care notes - Pathology reports - Billing statements - X-rays, MRls CT Scans - Diagnostic imaging reports - All reports TuctKERIARE~~~fl}~ Stephen M. Greecher, Jr. sgreecher@tuckerlaw.com April 15, 2005 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 RE: Kimbra Kurtz v. Ann M. Pierce Our Client/Matter #022002-121350 Dear Kevin: I received the Notices of Intent to serve subpoenas in the above case on the following providers: 1. Sporting Hill Family Health Center 2. Family Medicine Center of Camp Hill 3. Harrisburg Hospital Please be advised that I have no objection to the service of these subpoenas and I am waiving the 20-day requirement on behalf of my client. Sincerely, TUCKER ARENSBERG, P.C. ~JtzpIuA M. ~<<Jrkw- Stephen M. Greecher, Jr. SMGjr:jz 77383.1 ~"~"'4 \0\. 0\ _"~/ \SUO - Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p.717.234.4121 f.717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of each of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ day of 11 a ~ ' 2005. Stephen M. Greecher, Esquire Tucker Arensberg, PC 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. BY: ~ lJ 9JL Kevin D. Rauch, Esquire Attorneys for Defendant n ....' c: c:.:> c,n CJ '1'1 :;1 ," ::\: :::-: ,ll \ (.n - r:: rCl to)" KIMBRA KURTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6244 CIVIL TERM ANN M. PIERCE CIVIL ACTION - LAW Defendant PRAECIPE TO DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY: Please mark the above captioned action settled and discontinued with prejudice. DATE: January 11, 2006 83935.1 '-.," c:. -n N I''') c.:)