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Home My WebLink About05-3044 MICHELLE COTTON and MICHAEL COTTON, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. OS; -.sOI.JI{ C;uJ't-E.iI-YY) v. CIVIL ACTION - LAW CAROLE E. ANDERSON, JURY TRIAL DEMANDED Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe pres en tar una apariencia escrita 0 en persona 0 por abogado y archhivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara rnmedidas y purde entrar una orden contra usted sin previa aviso 0 notoficacion y pro cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 MICHELLE COTTON and MICHAEL COTTON, her husband, : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, :NO OS' - 30LlY cz;u~L' 1~ : CIVIL ACTION - LAW v, CAROLE E. ANDERSON, : JURY TRIAL DEMANDED Defendant COMPLAINT COUNT I MICHELLE COTTON v. CAROLE E. ANDERSON AND NOW, come the Plaintiffs, Michelle Cotton and Michael Cotton, her husband, by and through their attorneys, Mancke, Wagner & Spreha, and file the following Complaint: 1. The Plaintiffs, Michelle Cotton and Michael Cotton, her husband, are adult individuals, husband and wife, residing at 33 Forrest Drive, Mechanicsburg, Cumberland County, Pennsylvania, 2, The Defendant, Carole E, Anderson, is an adult individual residing at 620 Walton Street, Lemoyne, Cumberland County, Pennsylvania. 3. The facts and occurrences set forth herein occurred May 16, 2004, at or about South Market Street, Mechanicsburg, Upper Allen Township, Pennsylvania, 4, At the aforementioned time and place, Plaintiff, Michelle Cotton, was operating a 2003 green Pontiac Grand Am in a southbound direction on South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 5, At the aforementioned time and place, the Defendant, Carole E. Anderson, was operating a 2001 Ford Taurus northbound on South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 6, At the aforementioned time and place, the Defendant did turn her vehicle, making a left-hand turn from the northbound lane of South Market Street into the path of the southbound vehicle operated by the Plaintiff. 7, As a result of the aforementioned conduct of the Defendant, Defendant's vehicle did violently collide with the vehicle of the Plaintiff causing significant damage to the vehicle and significant, serious injuries to the Plaintiff. 8, The aforementioned accident was a direct and proximate result of the Defendant's negligent, careless conduct for the following reasons: A. Defendant made a left-hand turn into the path of the vehicle of the Plaintiff; B. Defendant failed to observe the vehicle of the Plaintiff; C. Defendant failed to yield the right-of-way to the Plaintiff's vehicle; -2- D, Defendant failed to have her vehicle under such control so as to stop her vehicle before violently colliding with the vehicle of the Plaintiff; E, Defendant failed to observe the Plaintiff in such a fashion so as to avoid the collision; and F, Other violating provisions of the Motor Vehicle Code, 9, As a result of the aforementioned collision, Plaintiff, Michelle Cotton, did suffer serious bodily injuries as more fully set forth hereinafter. 10, As a result of the aforementioned collision, the Plaintiff, Michelle Cotton, has undergone in the past, and will in the future suffer great pain and suffering, 11, As a result of the aforementioned injuries, Plaintiff has suffered a loss of life's pleasures and inconvenience to her. 12, As a result of the aforementioned collision, Plaintiff. Michelle Cotton, has sustained a loss in excess of $2,200,00 property damage to the vehicle operated by the Plaintiff, 13. As a result of the aforementioned injuries, the Plaintiff, Michelle Cotton, did suffer a diminution in earning capacity and permanent injuries, 14, The injuries sustained by the Plaintiff, Michelle Cotton, were as follows: A Severe shock to the nervous system; -3- B. A fracture of the patella; C. Arthritis; and D. Displaced fracture of the inferior pole of the patella, 15, As a result of the aforementioned injuries, Plaintiff, Michelle Cotton, at the time of the accident, was approximately six (6) months pregnant, and as a result of the accident, was hospitalized, was bedridden for a period of time, and was unable to engage in her normal work 16, As a result of the aforementioned injuries, the Plaintiff, Michelle Cotton, underwent chemical treatment to stop the labor which was induced as a result of the accident WHEREFORE, Plaintiff, Michelle Cotton, requests the Court to grant judgment in an amount in excess of $20,000,00, COUNT IT MICHAEL COrrON V. CAROLE E. ANDERSON 17, Paragraphs I through 16 above are incorporated herein by reference and made a part hereof 18, As a result of the aforementioned collision, the Plaintiff, Michael Cotton, has been deprived of the companionship, affection, assistance, services and consortium of his -4- wife, Michelle Cotton, all of which have been to him great emotional and financial damage and detriment WHEREFORE, Plaintiff, Michael Cotton, requests this Court to grant judgment in an amount in excess of $20,000,00, Respectfully submitted, Mancke, Wagner & Spreha ~J-,E,.WR I.D, #23103 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 Attorneys for Plaintiffs Date: (.,,/,:;,It?~ / / -5- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ^~~~ ~{h-~ DATE: c:s -~\-OS f) "lq. G p 7'- lrt r-> ~ (') c.:::> \t- l1"l. C_"J. \t. C cJ' ~-o t- if\ C~ ,1'1- c-: ::::': -ot(3 - - D ~:D '"" C> (..oJ 0,1:, U\ }J ~ -:, j:~} ,j 1"") ~ l>-' :::~.~ -'::-('-n " (:~3 ....::t .r:- J- 0 ;;:; ::< -. OSBORNE & RETTIG, p,c. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey R Rettig, Esquire Attorney for Defendant Supreme Ct # 19616 i rettil!(a)hos1awna.com MICHELLE COTTON and MICHAEL COTTON, her husband Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. jOY'( NO, 05-~1tl4 -Civil Term CAROLE E. ANDERSON Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire:, and Osborne & Rettig, P.c., on behalf of Defendant, Carole E. Anderson, in regard to the above-captioned action. Respectfully submitted, OSBORNE & RETTIG, P,C. B Attorneys for Defendant CERTIFICATE OF SERVICE I, Jeffrey R Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: P. Richard Wagner, Esq. Mancke, Wagner & Smith 2233 North Front Street Harrisburg, P A 17110 (Plaintiffs' Attorney) OSBORNE & RETTIG, P,C. B J ftrey R Rettig, Esqui upreme Ct, LD, #196 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: Le J 1/t! / tJ5 ~ 1 { Attorneys for Defendant r-' c~:::J <.;;:,:1 .:;.;1 <- c; :C'... 1" -' -::J ::::: C) 11 .-< -;::~ ine, -n1.l..! ~UC/ ~?}(;), - .,. -1" ;~',,:~ t~'?1 ::-::'~ !..:: /[) ''-<; o w I OSBORNE & RETTIG, P,C. 126-128 Walnut Street Harrisburg, PAl 71 0 1 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey B. Rettig, Esquire Attorney for Defendant Supreme Ct. #19616 irettiQ:uv.hoslawna.com MICHELLE COTTON and MICHAEL COTTON, her husband Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, W~~ NO, 05-3Jf1-Civil Term CIVIL ACTION - LAW CAROLEE,ANDERSON Defendant JURY TRIAL DEMANDED STIPULATION AND NOW come the Plaintiffs, by their attorneys, p, Richard Wagner, Esquire and Mancke, Wagner & Smith, and the Defendant, by her attorneys, Jeffrey B. Rettig, Esquire and Osborne & Rettig and stipulate and agree that subparagraph 8 (t) of Plaintiffs' Complaint is hereby withdrawn. /~~ 1>, Richard Wagner, Esquire Date: '7 It )0 S I { ~ Dat:~F " 'd .. o c: ~:- 92.}~'~; t;~I;.:: -<....: ~:C'. ~~~ -z :2 d . .' , ,0' ',\~:~ :> ,_?:;:;~,_ """"~,'~"'C~:."",.,-,,", , _....""..., ";,,<,t,:;:',,,":.";",', r--> = = oJ' <- c: r- o -n :r rnp1 -err) :00 .':-) 1 -I.:::::t() :I:=f.j ;,~o elm ...-t 55 .< "'" ::J,;: N o c::> OSBORNE & RETTIG, p,c. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey R Rettig, Esquire Attorney for Defendant Supreme Ct #19616 ;rettiara2hoslawoa.com MICHELLE CaTION and MICHAEL CaTION, her husband Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-3044 -Civil Term CAROLEE,ANDERSON Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michelle Cotton and Michael Cotton c/o p, Richard Wagner, Esq. Mancke, Wagner & Smith 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiffs) You are hereby notified to file a written response to the enclosed answering Defendant's Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you, O~~E & RETTIG, i.~ " . . //, I ~- i J ey R Rettig, Esq 'e \./S,upreme Ct. 1.D. #19 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant OSBORNE & RETIIG, p,c. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 By: Jeffrey B. Rettig, Esquire Attorney for Defendant Supreme Ct #19616 irettiQ'Ui>.hoslawna.com MICHELLE COTION and MICHAEL COTION, her husband Plaintiffs , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3044 -Civil Term CAROLE E. ANDERSON Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTlFl1S' COMPLAINT WITH NEW MATTER AND NOW comes the Defendant, by her attorneys, Osborne & Rettig, and Answers Plaintiffs' Complaint as follows: I, It is admitted that the Plaintiffs are who they say they are. 2. Admitted, 3. Admitted. 4, Admitted. 5. Admitted, 6. Denied as stated. It is admitted that the Defendant did commence making a left- hand turn from the northbound lane of South Market Street It is admitted that an accident ensued thereafter, -1- 7. Denied as stated, To the contrary, Plaintiff's vehicle ran into the side of Defendant's vehicle. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 8, Denied pursuant to Pa. R.C.P, 1029, 9. Denied. On information and belief, it is denied that the Plaintiff suffered serious injury as alleged. 10-11, Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 14, Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 15. Denied as stated. Based on information and belief, it is admitted that the Plaintiff was pregnant at the time of the accident As to the balance of the allegations ofthis paragraph, after reasonable investigation, Defendant is without knowledgl~ or information sufficient to form a belief as to the truth thereof and proof is demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof mnd proof is demanded. WHEREFORE, Defendant requests that Count I of Plaintiffs' Complaint be dismissed without cost to her, -2- COUNT II 17. The answers to paragraphs 1 through 16 above arc: incorporated herein by reference thereto. 18, Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant requests that Count 11 of Plaintiffs' Complaint be dismissed without cost to her. NEW MATTER 19. Based on information and belief, it is alleged that Plaintiff is subject to the limited tort option. 20. Unless Plaintiff qualifies under an exception to the limited tort option, her claims for non-economic determent are barred. 21. Plaintiff's claims are subject to the Pennsylvania Financial Responsibility Act, the limitations of which are incorporated herein by reference there:to. WHEREFORE, Defendant requests that Plaintiff' Complaint be dismissed without cost to her. Respectfully submitted, OSBORNE & RETIIG, P.C. "') ] . . ~ . , ' , " , .' , ,- f // ~>;;?'" ..' ~-1t! / ,/ ! Jeffrey B. Rettig, Eire L/ Supreme Ct. LD, # 16 126-128 Walnut Street Harrisburg,PA 17101 (717) 232-3046 Attorneys for Defendant -3- VERIFICATION I, CAROLE ANDERSON, hereby verify and state that the facts set forth in the foregoing ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLA][NT WITH NEW MAl'TER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated: 3' Ct~{h~ Carole Anderson CERTIFICATE OF SERVICE, I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated bellow, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: P. Richard Wagner, Esq. Mancke, Wagner & Smith 2233 North Front Street Harrisburg, PA 17110 (Plaintiffi' Attorney) Date: 8~~j- /~RNE & RETTI~, P , i / \ ~/ /' "" .y, e :frey , ettig, Es I Supreme Ct. LD. #19616 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Attorneys for Defendant ,....<) ., c::,:.. Ci'l :1,T.~ ~ I ,,~ -,-, '" G~) () -n :Ti 61 :7:1 1'- rr; [ ,~:' :. J, '_J ':,;! r-I :< MICHELLE COTTON and MICHAEL COTTON, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO: OfJ~ 50<ltf ~ ; CIVIL ACTION - LAW v, CAROLE E. ANDERSON, : JURY TRIAL DEMANDED Defendant, PLAINTIFFS' ANSWER TO NEW MA'ITER AND NOW, come the Plaintiffs, by and through their attorneys, Mancke, Wagner & Spreha, and file the following Answer to New Matter: 19, Admitted. 20. Denied. It is denied that the Plaintiff does not qualify as an exception under the limited tort option in that her claim for non-economic detriment is not barred in that her injuries are permanent and serious. 21. Admitted in part, denied in part It is admitted that Plaintiff's claims are subject to the Pennsylvania Financial Responsibility Act, however, it is denied that any limitations set forth therein are applicable, WHEREFORE, Plaintiff requests this Court to dismiss the Defendant's New Matter, Respectfully submitted, Mancke, Wagner & Spreha chard Wagner, Esquire LD. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Plaintiffs Date: &'//7/P~ ( I -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~\LQ. ~~~ DATE: g/l7!c:r f f CERTIFICATE OF SERVICE I, Debra K Spinner, Secretary in the law finn of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Jeffrey B. Rettig, Esquire Osborne & Rettig, p,c. 126-128 Walnut Street Harrisburg, PA 17101 By ~ ~4~ Debra K Spinner, Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 p, Richard Wagner, Esquire Attorneys for Plaintiffs DATE: gJ/~;cr / ~\,.{': ~ o s; ,.., ~ Cf' ~ ,n l'-' l'-' ,'-' r:;:. 5~(::. -, ~.~ :.z <;?, -' :1:""-' rn r'- _1',1'"'1""\ -'39 l?\~~) '_'-:-' -~1 ~)(-) .'t-rn (.) ::~ ';;..J :< --0 ::> C{? ~, <.1\ 'T CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COTTON TERM, CUMBERLAND -VS - CASE NO: 05-3044-CV ANDERSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2005 -7 MC b If o~ .', . ~'G.5 Attorney for DEFENDANT DEll-590186 99202-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COTTON TERM, -VS- CASE NO: 05-3044-CV ANDERSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH SYSTEM COVENTRY MANAGEMENT OTHER OTHER TO: RICHARD P. WAGNER, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting "our local MCS office. DATE: 09/30/2005 MCS on behalf of JEFFREY B. RETTIG, ESQUIRE Attorney for DEFENDANT CC: JEFFREY B. RETTIG, ESQUIRE TINA BROWN - 2005/1925 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-313672 99202-C02 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND COTTON File No. 05-3044-CV vs. ANDERSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH SYSTEM (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia. P A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JEFFREY B. RETTIG, ESQUIRE 126-128 WALNUT STREET HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TTORNEY FOR: Defendant ISlOn Date: .& .t.2ki , pieYw . 13 ~s Deputy Seal of the Court 99202-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH SYSTEM 111 SOUTH FRONT STREET HARRISBURG, PA 17101 RE: 99202 MICHELLE COTTON Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL MEDICAL RECORDS FROM 5/16/2004 TO 5/17/2004 INCLUDING, BUT NOT LIMITED TO CORRESPONDENCE, OFFICE NOTES, CHART NOTES, COMPUTER DOCUMENTS, TESTING, BILLING AND OTHER DOCUMENTS WHATSOEVER CONTAINED IN THE FILE OF MICHELLE COTTON. Subject: MICHELLE COTTON 33 FORREST DR., MECHANICSBURG, PA 17055 Social Security #: 199-56-1056 Date of Birth: 04-08-1973 8010-585180 99202-LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COTTON TERM, CUMBERLAND -VS- CASE NO: 05-3044-CV ANDERSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY B. RETTIG, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/20/2005 JEFFREY B. RETTIG, ESQUIRE Attorney for DEFENDANT DEll-590187 99202-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS COTTON TERM, -VS- CASE NO: 05-3044-CV ANDERSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH SYSTEM COVENTRY MANAGEMENT OTHER OTHER TO: RICHARD P. WAGNER, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JEFFREY B. RETTIG, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived o~ if no objection is made, then the subpoena may be served" ~omplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting.our local MCS office. DATE: 09/30/2005 MCS on behalf of JEFFREY B. RETTIG, ESQUIRE Attorney for DEFENDANT CC: JEFFREY B. RETTIG, ESQUIRE TINA BROWN - 2005/1925 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-313672 99202-C02 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COTTON File No. 05-3044-CV vs. ANDERSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COVENTRY MANAGEMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JEFFREY B. RETTIG, ESQUIRE 126-128 WALNUT STREET HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TTORNEY FOR: Defendant Division Date: J-R~Il~ ~n~j [2t1lJS Deputy Seal of the Court 99202-02 EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COVENTRY MANAGEMENT 3721 TECPORT DR. P. O. BVOX 67013 HARRISBURG, PA 17106 RE: 99202 MICHELLE COTTON Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL EMPLOYMENT RECORDS FROM 1/1/2003 TO PRESENT, INCLUDING ANY AND ALL PRE-EMPLOYMENT PHYSICALS, EVALUATIONS, WORKERS COMPENSA nON DOCUMENTS, AND ANY OTHER DOCUMENTS WHATSOEVER CONTAINED IN THE FILE OF MICHELLE COTTON. . Subject: MICHELLE COTTON 33 FORREST DR., MECHANICSBURG, PA 17055 Social Security #: 199-56-1056 Date of Birth: 04-08-1973 SU10-585182 99202-L02 (' '"'; :-~\ f"~~) "'..,) 1',) MICHELLE COTTON and MICHAEL COTTON, her husband, Plaintiffs, v. CAROLE E. ANDERSON, Defendant. TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-3044 : CNIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter as settled and discontinued. Date: /1.-1:5/0; / / Respectfully submitted, Mancke, Wagner, Spreha & McQuillan ~./.-... ,/' P. Richard Wagner, Esquire J.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Plaintiffs , j -1'1 c.r; (j,