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14-3463
Supreme Co ennsylvania COu JkCo m mo Pleas For Prothonotary Use Only: ,tivi C,oS -et Docket No: f 'STI 'r Cuerd ` County y The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lacy or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons J Petition U Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Susie D. Elliott David M. Elmgreen tT Dollar Amount Requested: 0within arbitration limits I Are money damages requested? 0 Yes U No (check one) outside arbitration limits O } N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes MF!-j No A Name of Plaintiff'/Appellant's Attorney: Robert J. Gillespie,Jr., Esquire 0 Check here if you have no attorney(are a Self-Represented JPro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. i TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS f EJ Intentional E Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection:Other Board of Elections D Nuisance Ci Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S 0 Product Liability(does not include Employment Dispute: E mass tort) 0 Slander/Libel/Defamation Discrimination C ® Other: CJ Employment Dispute:Other 0 Zoning Board i T 0 Other: i I ❑ Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES j ] Toxic Tort-Implant 0 Toxic Waste REAL PROPERTY MISCELLANEOUS Ejectment Common Law/Statutory Arbitration B n Other: i © Eminent Domain/Condemnation O.Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations FFIJ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY L_1 Mortgage Foreclosure:Commercial El Quo Warranto 0 Dental L Partition F-1 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: F Updated 1/112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SUSIE D . ELLIOTT IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs CIVIL ACTION --LAW DAVID M. ELMGREEN and DOWNS TRANSPORTATION JURY TRIAL BY 12 DEM NDE Defendant NO. ��( NOTICE TO DEFEND ." c7 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAD SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWEN � : (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A-4 c WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 03.'7, 717-249-3166 ®l 3000 S Rober illespie , Jr. , Esquire 67 North Church Street Hazleton, PA 18201 570-454-5575 Attorney I .D. No. 16009 GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC 67 North Church Street Hazleton, PA 18201 Phone-(570)454-5575 Robert J. Gillespie,Jr., Esquire Fax-(570)454-3485 Atty. I.D. #16009 SUSIE D. ELLIOTT, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. CIVIL ACTION -- LAW DAVID M. ELMGREEN and JURY TRIAL BY 12 DEMANDED DOWNS TRANSPORTATION, Defendants : NO. COMPLAINT NOW COMES Plaintiff, Susie D. Elliott, by and through her counsel, Gillespie, Miscavige, Ferdinand & Baranko, LLC and respectfully represents the following: 1. Plaintiff, Susie D. Elliott, is an adult individual who resides at 130 South Earl Street, Shippensburg, Pennsylvania. 2. Defendant, David M. Elmgreen, is an adult individual, and upon information and belief, resides at 130 Acorn Gap Road, Sweetwater, Tennessee. 3. Defendant, Downs Transportation, upon information and belief, is a Georgia corporation with an office and principal place of business at 400 West Lake Avenue, Rossville, Georgia. 4. On or about September 4, 2012, at approximately 9:00 A.M., Plaintiff, Susie D. Elliott, was operating her 2011 Dodge Journey in the left northbound lane of Interstate 81 in Southampton Township, Cumberland County, Pennsylvania. 1 5. At the same time and place, Defendant, David M. Elmgreen, the agent, workman and/or employee of Defendant, Downs Transportation, was operating a 2005 Freightliner Tractor Trailer owned by Defendant, Downs Transportation, northbound in the left lane of Interstate 81 immediately behind the vehicle owned and operated by Plaintiff, Susie D. Elliott. 6. As the Plaintiff, Susie D. Elliott, slowed down her vehicle in response to traffic ahead, the Defendant, David M. Elmgreen, continued at his speed violently striking the rear of Plaintiff's vehicle causing her to be thrown about the inside of her vehicle. 7. At all times, Plaintiff, Susie D. Elliott, acted in a careful and prudent manner and was in no manner negligent. COUNT 1 Susie D. Elliott vs. David M. Elmgreen 8. Paragraphs 1 through 7 are incorporated herein by reference as though the same were fully set forth at length. 9. At the time of the accident the negligence and/or recklessness of the Defendant, David M. Elmgreen, consisted of, among other things, the following: a. Failing to keep his vehicle under proper and adequate control. b. Failing to keep a careful and diligent watch on the road. C. Failing to slow or bring his vehicle to a stop so that he would avoid impact with Plaintiff's vehicle. 2 d. Operating a vehicle in careless disregard for the safety of the Plaintiff in violation of the Pennsylvania Motor Vehicle Act 75 Pa. C.S.A. 3714. e. Failing to keep a proper lookout for vehicles traveling northbound on Interstate 81. f. Failing to have his vehicle under control such as to be able to stop prior to causing the collision with Plaintiff. g. Failing to apply his brakes in sufficient time to avoid striking the Plaintiff's vehicle. h. Failing to travel at a safe speed. i. Failing to keep a proper watch for traffic. j. Failing to drive his vehicle with due regard for the highway and traffic conditions then existing. k. Failing to keep proper and adequate control of his vehicle. I. Driving his vehicle upon a roadway in a manner endangering persons and property in disregard of the rights and safety of others. M. Failing to operate his vehicle in a manner consistent with the road and weather conditions prevailing at the time. n. Failing to stop in the assured clear distance ahead. 10. As a result of the aforesaid conduct of Defendant, David M. Elmgreen, Plaintiff, Susie D. Elliott, suffered injuries that included among other things: a. Muscle stiffness b. Shoulder stiffness C. Bruising of the right lower extremity 3 d. Angiolipoma on the left renal area e. Hypersensitivity f. Swelling of the right lower extremity g. Post-traumatic chest pain h. Abdominal pain i. Hematoma of the right calf j. Right calf contusion k. Acute blood loss — anemia I. Ecchymosis M. Evulsion of the right leg n. Urinary frequency o. Open wound that required debridement p. Shoulder and upper left arm pain q. Right shoulder pain r. Torn and retracted supraspinatus and infraspinatus tendons S. Complete rotator cuff tear t. Right reverse total shoulder replacement U. Severe shock to her nervous system 11. All of the above injuries have caused Plaintiff, Susie D. Elliott, substantial pain and suffering and will cause her substantial pain and suffering for an undetermined time in the future. 4 12. As a result of the accident, Plaintiff, Susie D. Elliott, has been and in the future will be, required to spend large sums of money for hospital care, doctors, nurses, medicines and other medical care and, in addition, has been and in the future will be required to spend large sums of money for transportation to and from hospitals and doctor's offices. 13. As a result of the accident, Plaintiff, Susie D. Elliott, has been unable to perform her usual occupation and duties and shall be, in the future, prevented from performing her usual occupation and duties much to her financial detriment. WHEREFORE, Plaintiff, Susie D. Elliott, demands judgment against the Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus interest and costs, which sum is in excess of the amount requiring compulsory arbitration under the applicable statutes of the Commonwealth of Pennsylvania and/or local rules of court. COUNT 11 Susie D. Elliott vs. Downs Transportation 14. Paragraphs 1 through 13 are incorporated herein by reference as though the same were fully set forth at length. 15. At the time of the accident the negligence and/o recklessness of the Defendant, Downs Transportation, either individually or by and through its agent, workman and/or employee, David M. Elmgreen, consisted of, among other things, the following: a. Failing to keep his vehicle under proper and adequate control. 5 b. Failing to keep a careful and diligent watch on the road. C. Failing to slow or bring his vehicle to a stop so that he would avoid impact with Plaintiff's vehicle. d. Operating a vehicle in careless disregard for the safety of the Plaintiff in violation of the Pennsylvania Motor Vehicle Act 75 Pa. C.S.A. 3714. e. Failing to keep a proper lookout for vehicles traveling northbound on Interstate 81. f. Failing to have his vehicle under control such as to be able to stop prior to causing the collision with Plaintiff. g. Failing to apply his brakes in sufficient time to avoid striking the Plaintiff's vehicle. h. Failing to travel at a safe speed. i. Failing to keep a proper watch for traffic. j. Failing to drive his vehicle with due regard for the highway and traffic conditions then existing. k. Failing to keep proper and adequate control of his vehicle. I. Driving his vehicle upon a roadway in a manner endangering persons and property in disregard of the rights and safety of others. M. Failing to operate his vehicle in a manner consistent with the road and weather conditions prevailing at the time. n. Failing to stop in the assured clear distance ahead. 6 o. Allowing Defendant, David M. Elmgreen, to operate its vehicle when it knew or should have known of his inability to appropriately and properly the said vehicle. P. Failing to properly train Defendant, David M. Elmgreen, in the operation of his vehicle; q. Failing to properly maintain the vehicle operated by Defendant, David M. Elmgreen. 16. As a result of the aforesaid conduct of Defendant, Downs Transportation, Plaintiff, Susie D. Elliott, suffered injuries that included among other things: a. Muscle stiffness b. Shoulder stiffness C. Bruising of the right lower extremity d. Angiolipoma on the left renal area e. Hypersensitivity f. Swelling of the right lower extremity g. Post-traumatic chest pain h. Abdominal pain i. Hematoma of the right calf j. Right calf contusion k. Acute blood loss — anemia I. Ecchymosis M. Evulsion of the right leg 7 n. Urinary frequency o. Open wound that required debridement P. Shoulder and upper left arm pain q. Right shoulder pain r. Torn and retracted supraspinatus and infraspinatus tendons S. Complete rotator cuff tear t. Right reverse total shoulder replacement U. Severe shock to her nervous system 17. All of the above injuries have caused Plaintiff, Susie D. Elliott, substantial pain and suffering and will cause her substantial pain and suffering for an undetermined time in the future. 18. As a result of the accident, Plaintiff, Susie D. Elliott, has been and in the future will be, required to spend large sums of money for hospital care, doctors, nurses, medicines and other medical care and, in addition, has been and in the future will be required to spend large sums of money for transportation to and from hospitals and doctor's offices. 19. As a result of the accident, Plaintiff, Susie D. Elliott, has been unable to perform her usual occupation and duties and shall be, in the future, prevented from performing her usual occupation and duties much to her financial detriment. WHEREFORE, Plaintiff, Susie D. Elliott, demands judgment against the Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus interest 8 and costs, which sum is in excess of the amount requiring compulsory arbitration under the applicable statutes of the Commonwealth of Pennsylvania and/or local rules of court. Respectfully submitted, GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC Ro erti espie, Jr., Esquire 67 North Church Street Hazleton, PA 18201 570-454-5575 Attorney I.D. No. 16009 9 VERIFICATION I, Susie D. Elliott, verify that the statements contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date:2�1�-I/ Susie D. Elliott 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSIE D. ELLIOTT, Plaintiff, vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. NO. 14 -3463 -Civil riLED-O EiCt: CIF THE PR07HONO TACO 2014 JUN 27 P1 1 3:17 CUMBERLAND COUNTY PENNSYLVANIA JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants David M. Elmgreen and Downs Transportation in the above -captioned matter. Date: 6,-,X)- /9 By: Respectfully Submitted, MARCELLO & KIVISTO, LLC onya ivisto, Esq. (I.D. No. 92919) Jennifer Mulligan, Esq. (I.D. No. 31178) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. CERTIFICATE OF SERVICE I certify that the foregoing Entry of Appearance in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 26th day of June, 2014. Robert J. Gilespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 ennifer Mulligaisq. SUSIE D. ELLIOTT, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF j y JU; 30 CUMBERLAND COUNTY Pif I: 02 CUMBERLAND BB PENNSYLVANIA ry NO. 14 -3463 -Civil 3F THE PROTHONGTAIA' JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT PURSUANT TO PA.R.CIV.P. 1028 NOW COME, Defendants, Downs Transportation and David M. Elmgreen, by and through their attorneys, MARCELLO & KIVISTO, LLC, and file these Preliminary Objections to Plaintiff's Complaint and in support thereof aver as follows: 1. Plaintiff initiated this action by filing a Complaint on or about June 9, 2014. (See Plaintiff's Complaint attached hereto as Exh A). 2. Plaintiff's claims arise from an accident that occurred on or about September 4, 2012 on Interstate 81 in Southampton Township, Cumberland County, Pennsylvania. I. MOTION TO DISMISS CLAIMS OF RECKLESSNESS AND STRIKE THE WORD "RECKLESSNESS" FROM PLAINTIFF'S COMPLAINT PURSUANT TO PA.R.CIV.P. 1028(a)(2) 3. Paragraphs 9 and 15 of Plaintiff's Complaint include allegations that Defendants acted with recklessness. (Para. 9 & 15 of Exhibit A). 4. The facts alleged in Plaintiff's Complaint do not support Plaintiff's allegations that the Defendants acted with recklessness. 5. Plaintiff's factual allegations, if true, would only support a finding of negligence. 6. Where a plaintiff's complaint does not support a claim for punitive damages, language of "recklessness" should be stricken from the complaint. Henry v. Summit Lakes, 6 Pa.D.&C. 5th 254, 256 (Monroe Cnty. 2008). 7. In order to support a claim for punitive damages, the facts plead must be sufficient to justify "the label of outrageous conduct." Id. at 256. 8. Reckless conduct is intentional acting or failing to act in conscious disregard of the likelihood of harm to others that is known or should be known. Pa. SSJI (Civ) 13.60. 9. Plaintiff alleges that the Defendant David M. Elmgreen operated a tractor trailer, which rear-ended Plaintiff's vehicle. (See Exh. "A"). 10. The factual allegations against Defendant David M. Elmgreen set forth in Plaintiff's Complaint, even if proven true, merely amount to negligence. 11. The facutal allegations against Defendant Down Transportation set forth in Plaintiff's Complaint, even if proven true, merely amount to negligence. 12. None of Plaintiff's allegations establish a conscious disregard of a known risk on the part of the Defendants and/or outrageous conduct on the part of Defendants. 13. Further, Plaintiff's Complaint does not set forth a claim for punitive damages. 14. Plaintiff's Complaint does not make a demand for punitive damages. (See Exhibit "A"). 15. As Plaintiff's Complaint does not seek and/or support a claim for punitive damages the allegations of recklessness should be stricken from Plaintiff's Complaint. 16. The allegations in Plaintiff's Complaint do not support a claim for punitive damages and/or recklessness on the part of Defendants. They should be dismissed, and the word "recklessness" should be stricken from Plaintiff's Complaint. ti WHEREFORE, Defendants respectfully request this Honorable Court sustain their Preliminary Objections, dismiss Plaintiff's claims of recklessness and strike the word "recklessness" from Paragraph 9 and 15 of Plaintiff's Complaint. Date: 6s -017-154r By: Respectfully Submitted, ELLO & KIVISTO, LLC ony, visto, Esq. (I.D. No. 92919) Jennife _ ulligan, Esq. (I.D. No. 311178) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. CERTIFICATE OF SERVICE I certify that the foregoing Defendants' Preliminary Objections to Plaintiff's Complaint Pursuant to Pa.R.Civ.P. 1028 in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 27th day of June, 2014. Robert J. Gilespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 &IIrgan, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. ORDER AND NOW, this day of , 2014, in consideration of Defendants' Preliminary Objections to Plaintiff's Complaint and any response thereto, it is hereby ORDERED and DECREED that said Preliminary Objections are SUSTAINED. IT IS FURTHER ORDERED that: 1. Plaintiff's claims and/or allegations of recklessness against Defendants are DISMISSED; and 2. The word "recklessness" is stricken from Paragraph 9 and 15 of Plaintiff's Complaint. BY THE COURT: J. GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC 67 North Church Street Hazleton, PA 18201 Phone - (570) 454-5575 Fax - (570) 454-3485 SUSIE D. ELLIOTT, Plaintiff vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants OF I EU - ' zd61,JUL _ 7 PII 35 CLI1SERL ANO Robert J. GiIIespi ' squire Atty. I.D. #16009 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW : JURY TRIAL BY 12 DEMANDED : NO. 14 -3463 -Civil CERTIFICATE OF SERVICE I, ROBERT J. GILLESPIE, JR., ESQUIRE, of the law firm of Gillespie, Miscavige, Ferdinand & Baranko, LLC, hereby certify that on the 13th day of June, 2014, I served a true and correct copy of Plaintiff's Complaint in regard to the above -captioned matter by depositing the same in the United States Mail, First Class, postage prepaid, and by Certified Mail, Return Receipt Requested, addressed to the following, which was received by the said David M. Elmgreen on June 24, 2014 as evidenced by the return receipt card attached hereto. David M. Elmgreen 130 Acorn Gap Road Sweetwater, TN 37874 Robert J. G le.pie, ., Attorney for Plaintiff uire SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse ' so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature x. 0 Agent 0 Addressee C. Date of Delivery Yes 1, Article Addressed to: VavQ. 0, Et Yee.Y. 130 AcorY\ GokE_eocA wRe_ktuoAct IN 3ig14 D. Is delivery address di If YES, enter delivery address below: 0 No 3. Sepfice Type Certified Mall® 0 Priority Mail Express— o Registered 0 Return Receipt for Merchandise o Insured Mall 0 Collect on Delivery . Restricted Delivery? (Extra Fee) Yes g, Article Number !Transfer from service label) ?013 1090 0002 3918 9494 • , PS Form 3811, July 2013 r Domestic Return Receipt SUSIE D. ELLIOTT, Plaintiff v. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW JURY TRIAL BY 12 DEMANDED NO. 14 — 3463 - CIVIL NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. North Penn Legal Services, Inc. 33 N. Main Street, Suite 200 Pittston, PA 18640 (570) 299-4100 (877) 953-4250 Toll Free (570) 824-0001 Fax 101 West Broad Street, Suite 513 Hazleton, PA 18201 (570) 455-9512 (877) 953-4250 Toll Free (570) 455-3625 Fax AVISO A USTED SE LE HA DEMANDADO EN LA CORTE. Si usted quiere defenderse contra Ia demanda expuesta en las siguientes paginas, tiene que tomar accion en un plazo de veinte (20) dfas despues que reciba esta demanda y aviso, por presentar una notificacion de comparecencia escrita personalmente o por un abogado y radicar por escrito en Ia Corte sus defensas u objeciones a las demandas presentadas en su contra. Se le advierte que si falla en hacerlo, el caso podrfa seguir adelante sin usted y un fallo podrfa ser dictado en su contra por Ia Corte sin previo aviso por cualquier dinero reclamado en Ia demanda o por cualquier otro reclamo o desagravio pedido por el/la demandante. Puede que usted pierda dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO, DIRIJASE 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ABAJO. ESTA OFICINA PUEDE PROVEERLE CON INFORMACION SOBRE COMO CONTRATAR UN ABOGADO. SI NO TIENE LOS FONDOS SUFICIENTES PARA CONTRATAR UN ABOGADO, ESTA OFICINA PODRIA PROPORCIONARLE INFORMACION ACERCA DE AGENCIAS QUE PUEDAN OFRECERLES SERVICIOS LEGALES A PERSONAS QUE REUNAN LOS REQEQUISITOS A UN HONORARIO REDUCIDO 0 GRATIS. Servicios Legales de Inc. North Penn, Inc. 33 Ia Calle Main del Norte Oficina 200 Pittston, PA 18640 (570) 299-4100 (877) 953-4250 Llamada gratuita (570) 824-0001 Fax 101 Ia Calle Broad del Oeste Oficina 513 Hazleton, PA 18201 (570) 455-9512 (877) 953-4250 Llamada gratuita (570) 455-3625 Fax (57 GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC 67 North Church Street Hazleton, PA 18201 Phone - (570) 454-5575 Fax - (570) 454-3485 SUSIE D. ELLIOTT, Plaintiff vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Robert J. Gillespie, Jr., Esquire Atty. I.D. #16009 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL BY 12 DEMANDED Defendants NO. 14 — 3463 - CIVIL AMENDED COMPLAINT NOW COMES Plaintiff, Susie D. Elliott, by and through her counsel, Gillespie, Miscavige, Ferdinand & Baranko, LLC and respectfully represents the following: 1. Plaintiff, Susie D. Elliott, is an adult individual who resides at 130 South Earl Street, Shippensburg, Pennsylvania. 2. Defendant, David M. Elmgreen, is an adult individual, and upon information and belief, resides at 130 Acorn Gap Road, Sweetwater, Tennessee. 3. Defendant, Downs Transportation, upon information and belief, is a Georgia corporation with an office and principal place of business at 400 West Lake Avenue, Rossville, Georgia. 4. On or about September 4, 2012, at approximately 9:00 A.M., Plaintiff, Susie D. Elliott, was operating her 2011 Dodge Journey in the left northbound lane of Interstate 81 in Southampton Township, Cumberland County, Pennsylvania. 1 5. At the same time and place, Defendant, David M. Elmgreen, the agent, workman and/or employee of Defendant, Downs Transportation, was operating a 2005 Freightliner Tractor Trailer owned by Defendant, Downs Transportation, northbound in the left lane of Interstate 81 immediately behind the vehicle owned and operated by Plaintiff, Susie D. Elliott. 6. As the Plaintiff, Susie D. Elliott, slowed down her vehicle in response to traffic ahead, the Defendant, David M. Elmgreen, continued at his speed violently striking the rear of Plaintiff's vehicle causing her to be thrown about the inside of her vehicle. 7. At all times, Plaintiff, Susie D. Elliott, acted in a careful and prudent manner and was in no manner negligent. COUNT 1 Susie D. Elliott vs. David M. Elmgreen 8. Paragraphs 1 through 7 are incorporated herein by reference as though the same were fully set forth at length. 9. At the time of the accident the negligence and/or recklessness of the Defendant, David M. Elmgreen, consisted of, among other things, the following: a. Failing to keep his vehicle under proper and adequate control. b. Failing to keep a careful and diligent watch on the road. c. Failing to slow or bring his vehicle to a stop so that he would avoid impact with Plaintiff's vehicle. 2 d. Operating a vehicle in careless disregard for the safety of the Plaintiff in violation of the Pennsylvania Motor Vehicle Act 75 Pa. C.S.A. 3714. e. Failing to keep a proper lookout for vehicles traveling northbound on Interstate 81. f. Failing to have his vehicle under control such as to be able to stop prior to causing the collision with Plaintiff. g. Failing to apply his brakes in sufficient time to avoid striking the Plaintiff's vehicle. h. Failing to travel at a safe speed. i. Failing to keep a proper watch for traffic. j. Failing to drive his vehicle with due regard for the highway and traffic conditions then existing. k. Failing to keep proper and adequate control of his vehicle. I. Driving his vehicle upon a roadway in a manner endangering persons and property in disregard of the rights and safety of others. m. Failing to operate his vehicle in a manner consistent with the road and weather conditions prevailing at the time. n. Failing to stop in the assured clear distance ahead. 10. As a result of the aforesaid conduct of Defendant, David M. Elmgreen, Plaintiff, Susie D. Elliott, suffered injuries that included among other things: a. Muscle stiffness b. Shoulder stiffness c. Bruising of the right lower extremity 3 d. Angiolipoma on the left renal area e. Hypersensitivity f. Swelling of the right lower extremity g. Post-traumatic chest pain h. Abdominal pain Hematoma of the right calf j. Right calf contusion k. Acute blood Toss — anemia Ecchymosis m. Evulsion of the right leg n. Urinary frequency o. Open wound that required debridement P. Shoulder and upper left arm pain q. Right shoulder pain r. Torn and retracted supraspinatus and infraspinatus tendons s. Complete rotator cuff tear t. Right reverse total shoulder replacement u. Severe shock to her nervous system 11. All of the above injuries have caused Plaintiff, Susie D. Elliott, substantial pain and suffering and will cause her substantial pain and suffering for an undetermined time in the future. 12. As a result of the accident, Plaintiff, Susie D. Elliott, has been and in the future will be, required to spend large sums of money for hospital care, doctors, nurses, 4 medicines and other medical care and, in addition, has been and in the future will be required to spend large sums of money for transportation to and from hospitals and doctor's offices. 13. As a result of the accident, Plaintiff, Susie D. Elliott, has been unable to perform her usual occupation and duties and shall be, in the future, prevented from performing her usual occupation and duties much to her financial detriment. WHEREFORE, Plaintiff, Susie D. Elliott, demands judgment against the Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus interest and costs, which sum is in excess of the amount requiring compulsory arbitration under the applicable statutes of the Commonwealth of Pennsylvania and/or local rules of court. Susie D. Elliott COUNT 11 vs. Downs Transportation 14. Paragraphs 1 through 13 are incorporated herein by reference as though the same were fully set forth at length. 15. At the time of the accident the negligence and/o recklessness of the Defendant, Downs Transportation, either individually or by and through its agent, workman and/or employee, David M. Elmgreen, consisted of, among other things, the following: control. a. Failing to keep his vehicle under proper and adequate b. Failing to keep a careful and diligent watch on the road. 5 c. Failing to slow or bring his vehicle to a stop so that he would avoid impact with Plaintiff's vehicle. d. Operating a vehicle in careless disregard for the safety of the Plaintiff in violation of the Pennsylvania Motor Vehicle Act 75 Pa. C.S.A. 3714. e. Failing to keep a proper lookout for vehicles traveling northbound on Interstate 81. f. Failing to have his vehicle under control such as to be able to stop prior to causing the collision with Plaintiff. g. Failing to apply his brakes in sufficient time to avoid striking the Plaintiff's vehicle. h. Failing to travel at a safe speed. Failing to keep a proper watch for traffic. j. Failing to drive his vehicle with due regard for the highway and traffic conditions then existing. k. Failing to keep proper and adequate control of his vehicle. I. Driving his vehicle upon a roadway in a manner endangering persons and property in disregard of the rights and safety of others. m. Failing to operate his vehicle in a manner consistent with the road and weather conditions prevailing at the time. n. Failing to stop in the assured clear distance ahead. o. Allowing Defendant, David M. Elmgreen, to operate its vehicle when it knew or should have known of his inability to appropriately and properly the said vehicle. 6 p. Failing to properly train Defendant, David M. Elmgreen, in the operation of his vehicle; q. Failing to properly maintain the vehicle operated by Defendant, David M. Elmgreen. 16. As a result of the aforesaid conduct of Defendant, Downs Transportation, Plaintiff, Susie D. Elliott, suffered injuries that included among other things: a. Muscle stiffness b. Shoulder stiffness c. Bruising of the right lower extremity d. Angiolipoma on the left renal area e. Hypersensitivity f. Swelling of the right lower extremity g. Post-traumatic chest pain h. Abdominal pain i. Hematoma of the right calf j. Right calf contusion k. Acute blood loss — anemia I. Ecchymosis m. Evulsion of the right leg n. Urinary frequency o. Open wound that required debridement p. Shoulder and upper left arm pain q. Right shoulder pain 7 r. Torn and retracted supraspinatus and infraspinatus tendons s. Complete rotator cuff tear t. Right reverse total shoulder replacement u. Severe shock to her nervous system 17. All of the above injuries have caused Plaintiff, Susie D. Elliott, substantial pain and suffering and will cause her substantial pain and suffering for an undetermined time in the future. 18. As a result of the accident, Plaintiff, Susie D. Elliott, has been and in the future will be, required to spend large sums of money for hospital care, doctors, nurses, medicines and other medical care and, in addition, has been and in the future will be required to spend large sums of money for transportation to and from hospitals and doctor's offices. 19. As a result of the accident, Plaintiff, Susie D. Elliott, has been unable to perform her usual occupation and duties and shall be, in the future, prevented from performing her usual occupation and duties much to her financial detriment. WHEREFORE, Plaintiff, Susie D. Elliott, demands judgment against the Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus interest and costs, which sum is in excess of the amount requiring compulsory arbitration under the applicable statutes of the Commonwealth of Pennsylvania and/or local rules of court. Susie D. Elliot COUNT III v. David M. Elmgreen and Downs Transportation 8 Punitive Damages 20. Paragraphs 1 through 19 are incorporated herein by reference as though the same were fully set forth at length. 21. The conduct of Defendants, David M. Elmgreen and Downs Transportation, by and through its agent, servant and/or employee, David M. Elmgreen, was outrageous and done with reckless indifference to the interest of others in driving a tractor trailer at an unsafe speed, failing to observe traffic in front of him, and being unable to stop his vehicle within the assured clear distance. Justify the Imposition of Punitive Damages 22. The conduct of Defendant, Downs Transportation, in failing to properly train and supervise Defendant, David M. Elmgreen, and failure to properly maintain the vehicle operated by the said Defendant were outrageous and done with reckless indifference and therefore justify the imposition of punitive damages. WHEREFORE, Plaintiff, Susie D. Elliott, demands judgment against the Defendants in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus interest and costs, which sum is in excess of the amount requiring compulsory arbitration under the applicable statutes of the Commonwealth of Pennsylvania and/or local rules of court. Respectfully submitted, GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC Rj ` illespie, Jr., Esquire Attorney I.D. No. 16009 Attorney for Plaintiff 9 VERIFICATION I, Susie D. Elliott, verify that the statements contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 7/// / f 10 Susie D. Elliott GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC 67 North Church Street Hazleton, PA 18201 Phone - (570) 454-5575 Robert J. Gillespie, Jr., Esquire Fax - (570) 454-3485 Atty. I.D. #16009 SUSIE D. ELLIOTT, Plaintiff v. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW 2 w JURY TRIAL BY 12 DEMANDED ca NO. 14 — 3463 - CIVIL CERTIFICATE OF SERVICE -- I, ROBERT J. GILLESPIE, JR., ESQUIRE, of the law firm of Gillespie, Miscavige, Ferdinand & Baranko, LLC, hereby certify that on July 14 , 2014, I served a true and correct copy of Plaintiff's Amended Complaint in regard to the above -captioned matter by depositing the same in the United States Mail, First Class, postage prepaid, addressed to the following: C -10 r --i -4rrt cp C cp Jennifer Mulligan, Esquire Marcello & Kivisto, LLC 120 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (Attorney for Defendants) \ '11..' Robert Je.il spie, J Esqre Attorney for Plaintiff SUSIE D. ELLIOTT, Plaintiff v. yu�; f }. OF 1 !7L PRO HONQ- TA f t 201" JUL 22 till t 1 rtJHBERL AND COUi PLNNS YLVAtJi,41 THE COURT OF COMMON PLEAS DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants OF CUMBERLAND COUNTY NO. 14 -3463 -CIVIL JOINT STIPULATION BY THE PARTIES It is hereby STIPULATED and AGREED by and between the parties that the word "recklessness" in paragraph 9 and paragraph 15 of Plaintiff's Complaint are stricken and removed therefrom; and Count III requesting punitive damages is also stricken and removed therefrom; without prejudice to Plaintiff's right to reinstate the claim of recklessness and to seek punitive damages if discovery, in fact, reveals reckless conduct. ON BEHALF OF PLAINTIFF: O► BEHALF OF DEFENDANTS: Robe 'i7 Ilespi-, Jr.- squire Sony Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. CERTIFICATE OF SERVICE I certify that the foregoing Joint Stipulation by the Parties in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 21st day of July, 2014. Robert J. Gilespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 enni er Mulligan, sq. IN THE COURT OF COMMON PLEASr.,;, CUMBERLAND COUNTY, PENNSYLVANI= r? SUSIE D. ELLIOTT, Plaintiff, vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. NO. 14 -3463 -Civil JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT NOW COME, Defendants, David M. Elmgreen and Downs Transportation, by and through their attorneys, MARCELLO & KIVISTO, LLC, and file this Answer to Plaintiff's Amended Complaint and in support thereof aver as follows: 1. Denied. Answering Defendants are without information or belief as to the truth the averments of this paragraph. Hence, they are denied, and proof is demanded at the time of trial. 2. Denied. After reasonable investigation, Answering Defendants are without information or belief as to the truth of the averments of this paragraph. Hence, they are denied, and proof is demanded at the time of trial. 3. Denied. After reasonable investigation, Answering Defendants are without information or belief as to the truth of the averments of this paragraph. Hence, they are denied, and proof is demanded at the time of trial. 4. Denied. Answering Defendants are without information or belief as to the truth the averments of this paragraph; hence, they are denied. The averments are further denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 5. Denied. Answering Defendants are without information or belief as to the truth the averments of this paragraph; hence, they are denied. The averments are further denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 6. Denied. The averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 7. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. COUNT 1 Susie D. Elliott v. David M. Elmgreen 8. Defendants incorporate paragraphs 1 through 7 above herein as if set forth in full. 9. Denied. The averments of this paragraph and its subparts (a) through (n) are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. By way of further response, pursuant to the Joint Stipulation of the Parties filed on July 21, 2014 and attached hereto as Exhibit A, the word "recklessness" is stricken from Paragraph 9 of Plaintiff's Amended Complaint. 10. Denied. The averments of this paragraph and its subparts (a) through (u) are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 11. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 12. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 13. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. WHEREFORE, Answering Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiff. COUNT II Susie D. Elliott v. Downs Transportation 14. Answering Defendants incorporate paragraphs 1 through 13 above herein as if set forth in full. 15. Denied. The averments of this paragraph and its subparts (a) through (q) are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. By way of further response, pursuant to the Joint Stipulation of the Parties filed on July 21, 2014 and attached hereto as Exhibit A, the word "recklessness" is stricken from Paragraph 15 of Plaintiff's Amended Complaint. 16. Denied. The averments of this paragraph and its subparts (a) through (u) are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 17. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 18. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 19. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. WHEREFORE, Answering Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiff. COUNT III Susie D. Elliot v. David M. Elmgreen and Downs Transportation 20. Answering Defendants incorporate paragraphs 1 through 19 above herein as if set forth in full. Pursuant to the Joint Stipulation of the Parties filed on July 21, 2014 and attached hereto as Exhibit A, Count III of Plaintiff's Amended Complaint and the request for punitive damages is stricken and requires no answer. 21. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. By way of further response, pursuant to the Joint Stipulation of the Parties filed on July 21, 2014 and attached hereto as Exhibit A, Paragraph 21 of Plaintiff's Amended Complaint and Plaintiff's claim for punitive damages are stricken from the Amended Complaint. 22. Denied. The averments of this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, the averments of this paragraph are denied as stated, specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. By way of further response, pursuant to the Joint Stipulation of the Parties filed on July 21, 2014 and attached hereto as Exhibit A, Paragraph 22 of Plaintiff's Amended Complaint and Plaintiff's claim for punitive damages are stricken from the Amended Complaint. NEW MATTER 23. Some or all of Plaintiff's claims may be barred or reduced by the provisions of the Pennsylvania Financial Responsibility Law. 24. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff's election of the limited tort option. 25. Some or all of Plaintiff's claims may be barred by the applicable Statute of Limitations. 26. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff's contributory and/or comparative negligence. 27. Answering Defendants are not responsible for any harm allegedly caused by acts or omissions of third parties for whom they are not responsible and over whom they have no control. 28. Answering Defendants are not responsible for any harm allegedly caused due to the sudden emergency doctrine. 29. Some of all of Plaintiff's claims may be barred due to accord and satisfaction. 30. Some or all of Plaintiff's claims may be barred due to release. 31. Some or all of Plaintiff's claims may be barred by res judicata and/or collateral estoppel. 32. Plaintiff's injuries were caused solely by her own acts, omissions, negligence and/or carelessness. 18. Answering Defendants are not responsible for any harm allegedly caused due to Plaintiff's assumption of the risk. WHEREFORE, Answering Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiff. Date: By: Respectfully submitted, MARCELLO & KIVISTO, LLC S •.r. ' 'vis squire (92919) MARCELL I & KIVISTO, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorney for Defendants SUSIE D. ELLIOTT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY V. DAVID P4. ELMGREEN and DOWNS TRANSPORTATION, Defendants NO. 14 -3463 -CIVIL JOINT STIPULATION BY THE PARTIES It is hereby STIPULATED and AGREED by and between the parties that the word "recklessness" in paragraph 9 and paragraph 15 of Plaintiff's Complaint are stricken and removed therefrom; and Count III requesting punitive damages is also stricken and removed therefrom; without prejudice to Plaintiff's right to reinstate the claim of recklessness and to seek punitive damages if discovery, in fact, reveals reckless conduct. ON BEHALF OF PLAINTIFF: obe Ilespi Jr., q'uire 0 ;EHALF OF DEFENDANTS: quire E-Ok_ce fr A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. CERTIFICATE OF SERVICE I certify that the foregoing Answer with New Matter in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 5th day of November, 2014. Robert J. Gilespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 sto, Esquire GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC 67 North Church Street Hazleton, PA 18201 Phone - (570) 454-5575 Fax - (570) 454-3485 SUSIE D. ELLIOTT, Plaintiff vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants f Robert J. Gillespie, Jr., Esgi1Ye Atty. I.D. #16009 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL BY 12 DEMANDED : NO. 14 -3463 -Civil PLAINTIFF'S ANSWER TO DEFENDANTS NEW MATTER NOW COMES, Plaintiff, Susie D. Elliott, by and through her counsel, Gillespie, Miscavige, Ferdinand & Baranko, LLC, and files this Answer to Defendants New Matter as follows: 1.-22. No answer is required or given. 23. This paragraph calls for a conclusion of law to which no answer is required or given. 24. Denied. It is denied that Plaintiff selected the limited tort option, and it is further averred that she has selected the full tort option. 25. This paragraph calls for a conclusion of law to which no answer is required or given. 26. Denied. It is denied that Plaintiff was contributory or comparatively negligent, and it is further averred that all of Plaintiff's claims were as a result of the negligence of the Defendants as pled in Plaintiff's Complaint, which is incorporated herein by reference. 27. This paragraph calls for a conclusion of law to which no answer is required or given. 28. This paragraph calls for a conclusion of law to which no answer is required or given. 29. This paragraph calls for a conclusion of law to which no answer is required or given. 30. This paragraph calls for a conclusion of law to which no answer is required or given. 31. This paragraph calls for a conclusion of law to which no answer is required or given. 32. Denied. It is denied that Plaintiff's injuries were caused solely by her own acts, omissions, negligence and/or carelessness, and it is further averred that all of Plaintiff's injuries were as a direct result of the acts, omissions, negligence and carelessness of the Defendants as pled in the allegations of negligence contained in Plaintiff's Complaint, which is incorporated herein by reference. 18. (sic) This paragraph calls for a conclusion of law to which no answer is required or given. WHEREFORE, Plaintiff, Susie D. Elliott, respects that Defendants New Matter be dismissed. Respectfully submitted, GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC R ••4 J. Gillespie, Jr., Esquire Attorney for Plaintiff 67 North Church Street Hazleton, PA 18201 570-454-5575 Attorney I.D. No. 16009 VERIFICATION I, Susie D. Elliott, verify that the statements contained in the foregoing Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Susie D. Elliott GILLESPIE, MISCAVIGE, FERDINAND & BARANKO, LLC 67 North Church Street Hazleton, PA 18201 Phone - (570) 454-5575 Fax - (570) 454-3485 SUSIE D. ELLIOTT, Plaintiff v. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants Robert J. Gillespie, Jr., Esquire Atty. I.D. #16009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW JURY TRIAL BY 12 DEMANDED NO. 14 — 3463 - CIVIL CERTIFICATE OF SERVICE I, ROBERT J. GILLESPIE, JR., ESQUIRE, of the law firm of Gillespie, Miscavige, Ferdinand & Baranko, LLC, hereby certify that on the 25th day of November, 2014, I served a true and correct copy of Plaintiff's Answer to New Matter in regard to the above -captioned matter by depositing the same in the United States Mail, First Class, postage prepaid, addressed to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 120 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Robert". L illespie, Jr., Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. NO. 14 -3463 -Civil JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURUSANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to counsel for Plaintiff at least twenty days prior to the day on which the subpoenas were sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Counsel for Plaintiff has waived the twenty (20) day objection period pursuant to the attached letter; and, 4. The subpoenas which will be served are identical to the subpoenas that are attached to the Notice of Intent to Serve Subpoenas. Date: December 3, 2014 MARCELLO & A Bv: ISTO, LLC visto, Esquire ID #: 92919 1200 Walnut Bottom Rd. Third Floor, Suite 331 Carlisle, PA 17015 (717) 240-4686 Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel and Parties of Record Defendants intend to serve subpoenas identical to the ones 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 subpoenas. If no objection is made, the subpoenas may be served. CELLO & KIVISTO, LLC Date: November 7, 2014 Kivi o, Esquire ID #: 92919 1200 Walnut Bottom Rd. Third Floor, Suite 331 Carlisle, PA 17015. (717) 240-4686 Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff; NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Advanced Wound Healing Center of Shippensburg, 97 Progress Blvd., Suite 5A, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OIB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015_ 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Belvedere Medical Corporation, 850 Walnut Bottom Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944 SSN: 164-36-5259 at: Marcello & Kivisto, LLC; 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Big Spring Physical Therapy & Sports Medicine, 91 South High Street, Newville, PA 17241 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records., films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcella & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Capital B1ueCross/BlueShield, P.O. Box 779503, Harrisburg, PA 17177 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: The complete insurance file, including any and all records, reports, waiver forms, verifications, policies, correspondence, summary sheets, applications for insurance, notes, insurance forms, videos, DVDs, medical records, billing and/or payment records, and any and all other documents in your possession pertaining to Susie Elliott, D/O/B: 12/21/1944 SSN: 164-36-5259 Polk Number: YWM80118186600 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Imaging Services, 2 Jennifer Court, Suite A, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle NeuroCare, Inc., 220 Wilson Street, Suite 210, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 361 Alexander Springs Road, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, Palms, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. You may deliver or mail Iegible 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT 1D#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, Department of Radiology, 361 Alexander Springs Road, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions and an and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital, Department of Radiology, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, fnims, X -Rays, notes, medical records, diagnosis, testing, prescriptions and an and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Graham Medical Clinic, P.C., 100 South High Street, Newville, PA 17241 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. You may deliver or mail legible copies of the documents or produce things requested by thin 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medicare A/Medicare B, P.O. Box 34818, Mechanicsburg, PA 17055-1854 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: The complete insurance file, including any and all records, reports, waiver forms, verifications, policies, correspondence, summary sheets, applications for insurance, notes, insurance forms, videos, DVDs, medical records, billing and/or payment records, and any and all other documents in your possession pertaining to Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259, Policy Number: 1613403891) at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Musculo -Skeletal Institute of Pennsylvania, 366 Alexander Spring Road, Suite 2, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records,including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division 1 Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance Company, P.O. Box 26005, Daphne, AL 36526 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: The complete insurance file, including any and all records, reports, waiver forms, verifications, underwriting file, policies, correspondence, declaration pages, summary sheets, applications for insurance, notes, insurance forms, videos, DVDs, medical records and any and all other documents in your possession pertaining to Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259. Policy Number: 5837E082481090420; as well as any claim file, and/or investigation file, adjuster notes., diary, correspondence, mails and any and all other documents in your possession relating to an accident occurring on or about September 4, 2012 with Case Identification Number: 20131 28090 01062 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania, 3399 Trindle Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, CardioVascular Institute, 1000 North Front Street, Wormleysburg, PA 17043 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, includin but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, Harrisburg Hospital, 111 South Front Street, Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, Harrisburg Hospital, Department of Radiology, 111 South Front Street, Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331. Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, Internists of Central PA, 108 Lowther Street, Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records. films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944 SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensburg Area Emergency Medical Services, 71 East Orange Street, P.O. Box 69, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. You may deliver or mail Iegible 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensburg Physical Therapy & Sports Medicine 200 South Fayette Street, Suite 101, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC,1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 2404686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vigilent Hose Company #1, 20 Walnut Bottom Road, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944 SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology, Belvedere Professional Center, 850 Walnut Bottom Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, alms, X -Rays, notes, medical records, diagnosis, testing, prescriptions and an and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore ALS, Inc., 205 Grandview Avenue, Suite 211, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, vs. DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. NO. 14 -3463 -Civil JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WSHO Shipp, 97 Progress Blvd., Suite B, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944 SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331 Carlisle PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. CERTIFICATE OF SERVICE I certify that the foregoing Notice of Intent in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 7th day of November, 2014. Robert J. Gillespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 Lori Arnspargerr, Paralegal Marcello & Kivisto, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle NeuroCare, Inc., 220 Wilson Street, Suite 210, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY piNO T: Pr o /Clerk, ivil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Imaging Services, 2 Jennifer Court, Suite A, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: ARM AMIE � ° or /Clerk, ivil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, Department of Radiology, 361 Alexander Springs Road, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: Seal o the o BY T OURT: ProlMolfir Clerk, Ci 1 Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 361 Alexander Springs Road, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the C urt onotary/Clerk, ivil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital, Department of Radiology, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR:. Defendants DATE: Seal o the Curt BY THE COURT: Pro • • • /Clerk, C. 1 Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital, 112 North Seventh Street, Chambersburg, PA 17201 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: 1/ /JO // Li Seal of the Court Pro lerk, Ci .1 Division BY THE COUR Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medicare A/Medicare B, P.O. Box 34818, Mechanicsburg, PA 17055-1854 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: The complete insurance file, including any and all records, reports, waiver forms, verifications, policies, correspondence, summary sheets, applications for insurance, notes, insurance forms, videos, DVDs, medical records, billing and/or payment records, and any and all other documents in your possession pertaining to Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259, Policy Number: 161340389D at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: P ary/Cler , Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Graham Medical Clinic, P.C., 100 South High Street, Newville, PA 17241 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: Seal of the ourt BY THE COU Pro irr.tar� '' , Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania, 3399 Trindle Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal df the Court ,ro tary/Cl: k, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Nationwide Insurance Company, P.O. Box 26005, Daphne, AL 36526 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: The complete insurance file, including any and all records, reports, waiver forms, verifications, underwriting file, policies, correspondence, declaration pages, summary sheets, applications for insurance, notes, insurance forms, videos, DVDs, medical records and any and all other documents in your possession pertaining to Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259, Policy Number: 5837E082481090420; as well as any claim file, and/or investigation file, adjuster notes, diary, correspondence, emails and any and all other documents in your possession relating to an accident occurring on or about September 4, 2012 with Case Identification Number: 20131 28090 01062 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: Oki)II Seal of the Jourt BY T OURT: Pro o ry/Clerk, ' ivil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Musculo -Skeletal Institute of Pennsylvania, 366 Alexander Spring Road, Suite 2, Carlisle, PA 17015 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: I t'� D ' Seal of the Court BY THE COURT: Pro Deputy Civi ivision IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, Harrisburg Hospital, 111 South Front Street, Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: (l [aof( 1 Seal of the Court Proth: .. ry/ 1 BY THE CO_ •T• ivision Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, CardioVascular Institute, 1000 North Front Street, Wormleysburg, PA 17043 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: ly Seal . f the Court HE COURT: thonotary/C1 ; k, Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, Internists of Central PA, 108 Lowther Street, Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: 1/ Seal o the ourt BYT-EC• I•T: Proms ► /C er, ivil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth, Harrisburg Hospital, Department of Radiology, 111 South Front Street, Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: II la-bify Seal of theurt Pro BY COURT: fAll .► ot/Clerk, i '1 Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensburg Physical Therapy & Sports Medicine, 200 South Fayette Street, Suite 101, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films., X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: Seal bf the Court BY THE COURT: Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensburg Area Emergency Medical Services, 71'East Orange Street, P.O. Box 69, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: Seal . f the ourt BY TH COU.' T: Prothhtary/ erk, I vil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology, Belvedere Professional Center, 850 Walnut Bottom Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants BY TH Ci It 1?-Difif Seal of the Court Protho . " erk, Civil Division DATE: Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vigilent Hose Company #1, 20 Walnut Bottom Road, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: I f fdf/1 Seal of the Court IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore ALS, Inc., 205 Grandview Avenue, Suite 211, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/OB: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants BY THE COURT: DATE: /1./a0/1Y lk•► A Seal of the Court Protho>•erk, Cil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WSHO Shipp, 97 Progress Blvd., Suite B, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: it +)4 h t/ f Seal of the Court Proth BY THE COURT: Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Capital BlueCross/BlueShield, P.O. Box 779503, Harrisburg, PA 17177 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: The complete insurance file, including any and all records, reports, waiver forms, verifications,. policies, correspondence, summary sheets, applications for insurance, notes, insurance forms, videos, DVDs, medical records, billing and/or payment records, and any and all other documents in your possession pertaining to Susie Elliott, D/OB: 12/21/1944 SSN: 164-36-5259 Polic Number: YWM80118186600 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: ( 1 Seal of e Court BY THE C • .'' T: Proth.• tary/Clerk, Ciil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Big Spring Physical Therapy & Sports Medicine, 91 South High Street, Newville, PA 17241 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants i / /a BY THE Cry URT: DATE: (+ 1 V I lk3► Seal of the Court Prot 'otary/Cler , Civil Division Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT', Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Belvedere Medical Corporation, 850 Walnut Bottom Road, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: Seal of the Court Pro Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Advanced Wound Healing Center of Shippensburg, 97 Progress Blvd., Suite 5A, Shippensburg, PA 17257 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete copy of the medical and rehabilitation records, including but not limited to all records, films, X -Rays, notes, medical records, diagnosis, testing, prescriptions, and any and all other records in your possession regarding Susie Elliott, D/O/B: 12/21/1944, SSN: 164-36-5259 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015. 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: Sonya Kivisto, Esq. ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015 TELEPHONE: (717) 240-4686 SUPREME COURT ID#: 92919 ATTORNEY FOR: Defendants DATE: BY THE COURT: Al ..� Seal o the C 4 urt Prothono . /Clerk, Civil I ivision Deputy (Th Cm Gillespie, Miscavige, Ferdinand & Baranko n Attorneys at Law Email: rign.gmlawoffices.com Direct Dial: 570-235-2769 November 11, 2014 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Attention: Lori Arnsparger, Paralegal ROBERT J. GILLESPIE, JR. JOSEPH R. FERDINAND DANIEL A. MISCAVIGE JOSEPH R. BARANKO, JR. Please Reply to Hazleton Re: Susie D. Elliott vs. David M. Elmgreen and Downs Transportation No. 14-3463 — Civil — Cumberland County, PA Dear Ms. Arnsparger: Enclosed herewith please find the consent to allow you to serve subpoenas prior to the twenty (20) day objection period. Please forward copies of any documents that you receive in response to those subpoenas to us as a supplement to our Request for Production of Documents. I thank you in advance for your courtesy and cooperation. RJGjr:isw Enclosure Very truly yours, slegbett (7. Sillespie, Gqt. ROBERT J. GILLESPIE, JR. www.GMLawOffices.com 67 NORTH CHURCH STREET, HAZLETON, PENNSYLVANIA 18201 (570) 454-5575 Fax (570) 454-3485 McADOO - ALBRIGHTSVILLE MARCELL° & KIYISTo, LLC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240-4686 F: (717)258-4686 November 7, 2014 Robert J. Gillespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 M&K www.CDL-LAW.COM Lori Arnsparger (717)240-4686 larnsparger@cdl-law.com RE: Susie D. Elliott v. David M. Elmgreen and Downs Transportation No: 14 -3463 -Civil Dear Attorney Gillespie, Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009.21 and copies of the said subpoenas regarding your client and the above referenced matter. If you are agreeable to waiving the twenty (20) day objection period, please sign and return the enclosed duplicate copy of this letter. Thank you for your anticipated courtesy and cooperation. Best Regards, Lori Arnspargef, Par€tlegal Marcello & Kivisto, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSIE D. ELLIOTT, Plaintiff, NO. 14 -3463 -Civil vs. JURY TRIAL DEMANDED DAVID M. ELMGREEN and DOWNS TRANSPORTATION, Defendants. CERTIFICATE OF SERVICE I certify that the foregoing Certificate Prerequisite in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 3rd day of December, 2014. Robert J. Gillespie, Jr. Esq. Gillespie, Miscavige, Ferdinand & Baranko 67 North Church Street Hazelton, PA 18201 Lori Arnspargr, Paralegal Marcello & Kivisto, LLC