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HomeMy WebLinkAbout05-4089 F: \FILES\.DA T AF1LE\General\Current\7022. 5_com21drg Created: 12/29103 8:24AM Revised; 8/l0fO;; 10:25AM George B. Faller, Jr., Esquire LD. No. 49813 David R. Galloway, Esquire LD. No. 87326 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D5- ^lOP? (}t'vi.L~t;L1 CNIL ACTION-LAW DON E. BROWN, Defendant JURY OF TWELVE DEMANDED 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDONOT 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 George B. Faller, Jr., Esquire LD. No. 49813 David R. Galloway, Esquire LD. No. 87326 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - '1o?;<1 CNIL ACTION-LAW ~ JJUVIM.. DON E. BROWN, Defendant JURY OF TWELVE DEMANDED COMPLAINT I. Plaintiffs, Ronald M. Leitzel and Barbara Leitzel, are husband and wife residing at 2750 Spring Hill Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Don E. Brown is an adult individual with a last known address of212 Tranquility Drive, Ruther Glen, Caroline County, Virginia, 22546. 3. On or about June 29, 2004, Plaintiffs owned a 2004 Cadillac SRX (hereinafter "Cadillac") with Pennsylvania registration plates FMX0859. 4. On the aforementioned date, Plaintiff, Barbara Leitzel was operating the Cadillac and traveling in the right-hand southbound lane ofInterstate 81 in Cumberland County. 5. On or about June 29, 2004, Defendant owned a 2004 Toyota Camry (hereinafter "Toyota") with Virginia registration plates JJG4580. 6. On the aforementioned date, Defendant was operating the Toyota and traveling in the left-hand southbound lane of Interstate 81 in Cumberland County. 7. At approximately 12:12 p.m. on the aforementioned date, a "phantom vehicle" operated by an unknown driver was traveling behind the Cadillac and to the right of Defendant. The "phantom vehicle" allegedly changed travel lanes and Defendant lost control of the Toyota and struck the left side of Plaintiffs' vehicle. 8. Following the impact from Defendant, the Cadillac rolled several times coming to rest on its driver's side. COUNT I - Negligence Barbara Leitzel v. Don E. Brown 9. The averments of the preceding paragraphs are repeated as if fully set forth. 10. The accident was directly and proximately caused by the negligence and carelessness of Defendant which consisted, among other things, of the following: a. failing to properly operate and control his motor vehicle; b. failing to keep alert and to maintain a proper look out for the presence of other vehicles on the roadway; c. operating his vehicle in careless disregard for the safety of others and Plaintiff; d. failing to observe that the "phantom vehicle" was changing lanes; e. failing to keep a proper look out; f. failing to use due care for the circumstances; g. failing to take appropriate and effective evasive action to avoid triggering the collision with Plaintiffs' vehicle; h. failing to properly and adequately observe the existing traffic conditions; I. operating his vehicle in disregard of the rules ofthe road; J. failing to abide by the assured distance between two vehicles rule; and k. operating his vehicle in disregard of the rules of the road, the ordinances of the local municipality and the laws of the Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code 75 Pa. C.S.A. S 3112 et seq. II. As the result of Defendant's negligence, Plaintiff sustained serious bodily injury as described, in part, as follows: a. severe head laceration requiring surgery; b. severe laceration to left ear requiring reconstructive surgery; c. fractured vertebrae at C6-C7; d. fractured and dislocated left shoulder; e. soft-tissue injury to her arms; f. numerous contusions and abrasions; g. shock to the nervous system; and h. mental and physical anguish. 12. As a direct and proximate result of Defendant's carelessness and recklessness, Plaintiff suffered injuries and damages which include, but are not limited to, the following: a. past, present and future pain and suffering; b. loss of life's pleasures; c. medical expenses; and d. loss of income. 13. At all times material hereto, Plaintiff, Barbara Leitzel, acted with due care and was not contributorily negligent. WHEREFORE, Plaintiff, Barbara Leitzel, hereby demands judgment in her favor against Defendant Don E. Brown for damages in excess of the mandatory arbitration limits, plus costs, and such other relief that the Court deems just and reasonable under the circumstances. COUNT II - Loss of Consortium Ronald M. Leitzel v. Don E. Brown 14. The averments ofthe preceding paragraphs are repeated as iffully set forth. 15. As a result of Defendant' s negligence, Plaintiff, Ronald M. Leitzel, has suffered the loss of his wife's services, affection, companionship, consortium, society and pleasures ofJife. WHEREFORE, Plaintiff Ronald M. Leitzel, hereby demands judgment in his favor against Defendant Don E. Brown for damages in excess of the mandatory arbitration limits, plus costs, and such other reliefthat the Court deems just and reasonable under the circumstances. Date: August 10, 2005 MARTS 0 ORFF WILLIAMS & OTTO ~ '~!') By: ,.>/lL , ./1, / . Ge ge R Faller, Jr., I.D. No. 49813 David R. Galloway, Esquire 1.0. No. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the docwnent is that of counsel and not my own. I have read the docwnent and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the docwnent is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which averments, I may be subject to criminal penalties. /. . , .JI-.l:.Jt(.t:.-h~L.L-- Barbara LeitzeV . F:\RLES\DAT AFILE\GeneraIICurrem\7022.5.com2 - G ~ F-J 1': ~ t- :- .~ -0 P- D t- --'-- -- lr- lrt .....:) ~ w .c: -e---C:. ~ (') ~ <;;\ c; = ,;(J ~ %V\ S:;,'," ';; l~"l (~~ \ (J/ ;.:;.l~-I--:> ~". ' -0 (y~ "/r :=L Z :l.~. t'j () )0.' c': t:? ~ ~~ ~ :~ riECEIVEL AUG 0 R 2005 VlDWr RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-4089 - Civil Term VS. CIVIL ACTION - LAW DON E. BROWN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Don E. Brown, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY BY~ s G. Shore, EsqUire J.D. #: 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: -3/ti}k:Db CERTIFICATE OF SERVICE AND NOW, this tift..- day of September, 2005, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States rnails, postage prepaid, addressed to: George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 ~- <' '. r",) <.'~.~:) C) C.;',) ., C.,.J"l (/) --I -,. r"-I i'll -;'. ~ -iJ r" I i~) CJ --J ,~; ~ C) -._~ . 'c {J a ....:,:: . .' RONALD M. LEITZEL and BARBARA LEITZEL, HIW, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-4089 - Civil Term VS. CIVIL ACTION - LAW DON E. BROWN, Defendant JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1-8. Admitted based upon information and belief. COUNT I 9. No answer required. 10-12. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 13. Discovery is ongoing in this case. The Defendant is without sufficient inforrnation at this time to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. WHEREFORE, the Defendant respectfully requests that Count I of the cornplaint be dismissed with costs to be paid by Barbara Leitzel. COUNT II 14. No answer required. 15. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that Count II of the Cornplaint be disrnissed with costs to be paid by Ronald M. Leitzel. NEW MATTER 16. Paragraphs 1-15 are incorporated herein as if reference were made thereto. 17. The clairns made by the Plaintiffs made be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, the Defendant respectfully requests that the Complaint be disrnissed with costs to be paid by the Plaintiffs. Respectfully subrnitted, NEALON GOVER & PERRY By: .\.A....._ . Shore, Esquire 1.0. #: 321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: JoJ(JO )C:1 1 / VERIFICATION I, DON E. BROWN, verify that the staternents rnade in the foregoing ANSWERS TO COMPLAINT WITH NEW MATTER are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities. Date: (J//o/OS' I { ~crn e. 13/~ DON E. BROWN , -" CERTIFICATE OF SERVICE D(-fz,~~( AND NOW, this (J[)-iJ/ day of 8sfltsFF1l3sr, 2005, I hereby certify that I have served the foregoing Answer to Corn plaint With New Matter on the following by depositing a true and correct copy of sarne in the United States mails, postage prepaid, addressed to: George B_ Faller, JL, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 ) '. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ~''"'"/''fi' A VI; i.. A ...., 'n '.. /'...... i' ,,~ 1~4 IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEll-622406 15964-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 lS964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15964-C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CNTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GroQp. IDe.. 1601 Market Street. Suite 800. Phi1adel.phia 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: CASEY SHORE. ESO. 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THITURT: ~ 1~1 dd,k. ~ Prolhonotary/Clerk, Civil DivisioC ~t?4.P 9.7f~~~ Deputy Date: (Yl ':u> r 1. ;J] J../)t'J (~ I Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARliSLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE, PA 17013 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all J?81ient consent or refusal of treatment, procedures, test, and/or mediCation, lab and diaennstic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, re~ to any examination, consultation, diagnosis, care, treatment, admi~lon, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 Social Security #: XXX-XX-7475 Date of Birth: 08-27-1950 8U10-615316 15964 -LQ 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 a ('/I"~/':'i. ' II; tI~"'J'.' /' ..., , W li...., IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DE;1l-622407 15964-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE OOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 lS964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15964 - CO 2 'I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER ...* at The MCS Group. InCH 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: f'n'::::J/lC ( oL~ ~L)()6 L.!..l::S. I ~ Seal of the Court 1 ~n~A n..... EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR. RADIOLOOY DEPARTMENT 246 PARKER ST. CARLISLE, PA 17013 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL ~, ENOLA, PA 17025 Social Security #: XXX-XX-7475 Date of Birth: 08-27-1950 8U10-615318 15964 -LO:2 ~ CERTIFICATE PURSUANT TO RULE 4009.22 a :''GINAL PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEll-622408 lS964-L03 , I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-328719 15964 - C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAM ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS k XRAYS MEDICAL RECORDS k XRAYS MEDICAL RECORDS k XRAYS MEDICAL RECORDS k XRAYS MEDICAL RECORDS k XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15 964 - C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATIACHED RIDER **** at The MCS Group IDe.. 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215)'246-0900 SUPREME COURT ID #: ATIORNEY FOR: Defendant Date: fYI~ri . ~.~ d..DlJ!.. I BY THE jURT: _ ~ rei 4;~~. ~ rot onotary/Clerk, CIvIl DIu ,--R4fh ~9 .cne./J.A/'J~) Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes. history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all {>atient consent or refusal of treatment, procedures, test, and/or medicatIon, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, re~ to any examination, consultation, diagnosis, care, treatment, admi~on, discharge, or emergency care pert.aining to: Dates Requested: up to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 SodaI Security #: XXX-XX-7475 Date of Birth: 08-27-1950 L 8U10-615320 15964 - L 03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009_22 C PI) " " "~/~'", vi ./.. '.. I · \.4 Jt .,1 \'", ,,"I, IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEll-622409 15964 -L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 15 964 - C 0 :2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS , XRAYS MEDICAL RECORDS , XRAYS MEDICAL RECORDS , XRAYS MEDICAL RECORDS , XRAYS MEDICAL RECORDS , XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15 964 - C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE AITACHED RIDER **** at The MCS Group me 1601 Market Street Suite 800. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TIORNEY FOR: Defendant Date: fYZ~c-'-..;2.3.,1 !''(V- I Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL RADIOLOGY DEPT. III S. FRONT STREEf HARRISBURG, PA 17101 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for'all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested.. I:: u up to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 SoclaI Security I: XXX-XX-7475 Date of Birth: 08-27-1950 8U10-615322 15 964 - L 04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA /~ .~" PURSUANT TO RULE 4 0 0 9 . 2 2 l 'J .I ,'i;' I','. I.. ...f~, '/1." J II IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEll-622410 15 964 - LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04{06{2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET fI:8 0 0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 1S964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS l DE02-328719 15 964 - C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOSURGEONSOFCENTRALPA (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 ATIACHED 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG PAl 711 0 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: A TIORNEY FOR: Defendant Date: rrz ':::u2 e-( :2..1 d.-.b6t-, I , BYTHEC,9YRT~__ [LJ l,/ ~~-7cpf- Ptothbnotary/Clerk, Civil DivisioV '~ ~OJ-e 0.7Z1/J~ Deputy L Seal of the Court 1 <::n"::A n<:: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHO SURGEONS OF CENTRAL PA 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, incl~ any and all such items as may be stored in a computer database or OtheIWISe in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA,PA 17025 Soclal Security #: XXX-XX-7475 Date of Birth: 08-27-1950 SUI0-615324 15964 - LO 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 C}~~ /II.C ii1" 'V~ii {,~ COURT OF COMMON PLEA~ IN THE MATTER OF: LEITZEL TERM, CUMBERLAND -VS- CASE NO: 200S-4089-CV BROWN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEl1-622411 15 964 - L 0 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMRNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET *800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 15964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15964-C02 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRISTIAN ASSOCIATES (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 ATI ACHED RIDER **** at The MCS Groqp. Ine.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to ~eek, 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. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THE COURT: (' ~ If/, ~ ~ --E.a~ k 7~ pfot notary/Clerk, Civil Division (/ Date: ~ r~~ c:>c~ ;:) DDIc. , Seal of the Court I L 1 ~nEA ^, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRISTIAN ASSOCIATES 4349 CARLISLE PIKE CAMP HILL, PA 17011 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, incl~ any and all such items as may be stored in a computer database or OtbeIWISe in electronic form, relating to any e~amination, consultation, diagnosis, care or treatment pertaining to: Da~ Requested: up to and induding the present. SubJect: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 Social Security #: XXX-XX-7475 Date of Birth: 08-27-1950 8U10-615326 :1. 5964 - LO 6 CERTIFICATE PURSUANT TO RULE 4009.22 Cf"'(!/i~./ III "Vi; l, ... PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical ~o the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEll-622412 15 964 - L 07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if rio. 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: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-328719 15964 -CO 2 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS k XRAYS MEDICAL RECORDS k XRAYS MEDICAL RECORDS k XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-328719 lS964-C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOYNER SPORTS MEDICINE (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 me 1601 Market Street Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. P A 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: A TIORNEY FOR: Defendant BY TIlE COURT: ~ /~ a~~ -'~. 'f:::I:- Pro onotary/Clerk, Civil Divis& Date: fYZ :::JJ? r 1 c2..3 cJ DOb I Seal of the Court 15964-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE 3438 TRINDLE ROAD CAMP HILL, PA 17011 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diaenostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memo~ handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, incl~ any and all such items as may be stored in a computer database or otheI'WlSe in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: op to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 Social Security #: XXX-XX-7475 Date of Birth: 08-27-1950 8U10-61532815964-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 aQlr~'~.I./!.1 1'7/(1ll '~/_ IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 ~ nb~ . CAS SHORE, ESQ. At orney for DE DEll-622413 15 964 - L 0 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. . intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 15964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAM ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI. M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15 964 - C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DENNIS BANDUCCI. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATIACHED RIDER **** at The MCS Group. Inc.. ]60] Market Street. Suite 800 Philadelphia PA ]9]03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: CASEY SHORE. ESO. 2411 N. FRONT ST. HARRISBURG. P A 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant BY THE eURT: ') ;t:. J~ / J/2-i-~ -I f<. l~ I'rothonotary/Clerk, Civil DivisioV .72' Date: /"Yl;)nd ;:; .~ ~ DoL , Seal of the Court 15964-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DENNIS BANDUCCI, M.D. 2807 N. FRONT STREET HARRISBURG, PA 17110 RE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diaenostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, includinB any and all such items as may be stored in a computer database or OtheIWISe in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 Social Security #: XXX-XX-7475 Date of Birth: 08-27-1950 8U10-615330 15964 - L 0 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 "/':!:l~~/~ l.'~.~.... VII,. J /: v,-t IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 DEll-622414 15 964 - L 0 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: GEORGE FALLER, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/06/2006 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT CC: CASEY SHORE, ESQ. PATRICIA HOFFMAN - 05-645 - 05-645 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 15964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAM ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS , XRAYS MEDICAL RECORDS , XRAYS DE02-328719 15964-C02 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ASSOC. OTOLARYNGOLOGIST OF P A (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 AITACHED RIDER **** at The MCS Group Ine.. 1601 Market Street Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: AITORNEY FOR: Defendant BYTHE(!; k ;& j. / -dJ~ pfo~onotary/Clerk, Civil Division ~ Date: fIl.;; fl (" 1. ~ ~ ~ 666 J Seal of the Court 1 .c;Oh,:U)O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA cplrll~r~., Ii l1i.l ~'" ~.. PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, CUMBERLAND -VS- CASE NO: 2005-4089-CV BROWN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/26/2006 ~s At DEll-622415 15 964 - L 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LEITZEL TERM, -VS- CASE NO: 2005-4089-CV BROWN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note:- see enclosed list of locations ] TO: GEORGE FALLER, JR., ESO., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESO. 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: 04/06/2006 MCS on behalf of CASEY SHORE, ESO. Attorney for DEFENDANT CC: CASEY SHORE, ESO. PATRICIA HOFFMAN - 05-645 - 05-645 . Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328719 15964-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. HARRISBURG HOSPITAL HARRISBURG HOSPITAL ORTHO SURGEONS OF CENTRAL PA TRISTIAN ASSOCIATES JOYNER SPORTS MEDICINE DENNIS BANDUCCI, M.D. ASSOC. OTOLARYNGOLOGIST OF PA ORTHOPEDIC INSTITUTE OF PA MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS DE02-328719 15 964 - C02 '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEITZEL File No. 2005-4089-CV vs. BROWN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA (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 ATIACHED RIDER **** at The MCS Crroup IDe 1601 Market Street. Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant BYTHEzr;: 'k xe i: / ~ J . ~y ProtHonotary/Clerk, Civil Divist/ - Date: f7~ ;).3 d-.C;6(. , Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL. PA 17011 BE: 15964 BARBARA LEITZEL Prior approval is required for fees in excess of $100.00 for hospitals. $50.00 for all other providers. Entire medical. billing. and di~gnnstic file. including but not limited to any and all records. correspondence to and from the consulting and/or treating physicians. files. memoranda. handwritten notes. history and physical reports. medication/prescription .records. medical billing and payment records. x-ray films and tests with subsequent reports. inc~ any and all such items as may be stored in a computer database or OtheIWISe in electronic form. relating to any e~amin~tion. consultation. lIi~gJ1osis. care or treatment pertaining to: Dates Requested: up to and including the present. Subject: BARBARA LEITZEL 2750 SPRINGHILL LANE, ENOLA, PA 17025 Social Security #: XXX-XX-7475 Date of Birth: 08-27-1950 SU10 -6153 34 1 5 9 64 - L 1 0 .,;,." (') c:: ,....-~ ~~ ~ 0''''' r~.~) .,,",.- .,- (,.) .; F:\FILESIDA T AFILEIGeneranCurrentl 7022.8. mot Ilnlm Created: 06114/99 10:30:29 AM Revised: 06102106 01:4413 PM RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2994 CIVIL ACTION-LAW RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs DON E. BROWN and BALTIMORE () ~ 0 ORIOLES, INC., F ~; -n Defendants JURY OF TWELVE DEMANDE~F' ~ ~F1 ********************************************************************~~***~**~~ ~~,. :2 -I~~ IN THE COURT OF COMMON aEAS OF ~~ ~ CUMBERLAND COUNTY, PENN~L ~::\NI~ -< en -< v. NO. 05-4089 CIVIL ACTION-LAW DON E. BROWN Defendant JURY OF TWELVE DEMANDED PLAINTIFFS' MOTION TO CONSOLIDATE PURSUANT TO PA. R.C.P. 213 AND NOW, come PLAINTIFFS, Ronald M. Leitzel and Barbara Leitzel, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby aver as follows: 1. Plaintiffs, Ronald M. Leitzel and Barbara Leitzel, are husband and wife residing at 2750 Spring Hill Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Don E. Brown (hereinafter, "Defendant Brown") is an adult individual with a last known address of212 Tranquility Drive, Ruther Glen, Caroline County, Virginia, 22546. 3. Defendant Baltimore Orioles, Inc. (hereinafter, "Defendant Orioles"), is a major league baseball team that does business in Maryland with a principal office of 333 West Camden Street, Baltimore, Maryland 2120 1. Their Resident Agent for service of process is Peter G. Angelos, 100 North Charles Street, Baltimore, Maryland 21201. 4. On or about August 10, 2005, Plaintiffs commenced the action at 05-4089 by filing a Complaint against Defendant Don E. Brown. 5. Thereafter, on or about May 24,2006, Plaintiffs commenced the action at 06-2994 by filing a Complaint against Defendants, Don E. Brown and Baltimore Orioles, Inc. 6. Pennsylvania Rule of Civil Procedure 213 provides, in part, "[i]n actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court. . . may order a joint hearing or trial for any matter in issue in the actions." .; Pa. R.C.P. 213. 7. Both of the above-captioned cases derive from the same incident and involve the same questions of law and fact. 8. Both of the above-captioned cases were filed in the Court of Common Pleas of Cumberland County. 9. On June 1,2006, the office of counsel for Plaintiffs made contact with the attorney's office for Defendant Don Brown to request concurrence to consolidate these cases in all respects, including, but not limited to, discovery and trial; however, as ofthe date of this filing, Plaintiff did not receive a response. 10. Plaintiffs were unable to contact the attorney for Defendant Baltimore Orioles, Inc., to obtain occurrence as no such appearance has been made at this time. WHEREFORE, Plaintiffs respectfully request this Court to consolidate the above-captioned cases, Nos. 05-4089 and 06-2994, in all respects pursuant to Pa. R.C.P. 213. MARTSON DEARDORFF WILLIAMS & OTTO {2;t( /-.~ 5' t2<-J By 7'1 George B. Faller, Jr., Esquire J.D. Number 49813 Christopher E. Rice, Esquire J.D. Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: June 2, 2006 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiffs' Motion to Consolidate Pursuant to Pa. R.C.P. 213 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire 2411 North Front Street Harrisburg, PAl 711 0 Attorney for Defendant Don E. Brown in Baltimore Orioles, Inc. Attn: Peter G. Angelos 100 North Charles Street Baltimore, MD 2120 I MARTS ON DEARDORFF WILLIAMS & OTTO /It://" C ~l By L--1'""-.t..-<.~ 2 !.::.<.-<...JJ Christopher E. Rice, Esquire Dated: June 2, 2006 o \\ L ~~ ~ s ~'i 3 ~ ~ ' ~ ~ ~ ~ ~~-~ ~% ~ <e, ~m, :t ~ ~ -L.. t:7 ~ . " 1)/ JUN 0 5 200~ ... RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2994 CIVIL ACTION-LAW DON E. BROWN and BALTIMORE ORIOLES, INC., Defendants JURY OF TWELVE DEMANDED ********************************************************************************* RONALD M. LEITZEL and BARBARA LEITZEL, H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4089 / CIVIL ACTION-LAW DON E. BROWN Defendant JURY OF TWELVE DEMANDED RULE TO SHOW CAUSE AND NOW, this ~ay of T U'"'1. cL 2006, a Rule is issued upon the Defendants to show cause why the relief requested in Plaintiffs' Motion to Consolidate should not be granted. Plaintiffs' Motion shall be decided under Pa. R.C.P. 206.7. This Rule is returnable within 20 days. J ~~" l ~ <;; . J. >- cr ""< 1- 11.1 ~.) ;~[(; I -" ocr I.L./C::' iiw iE LL o "'"t Ln (ry ~- 0: N :I:: ::::) J \..t."::J c:..-;; = t'J . F:\FILESIDA T AFILE\Gcnera~Current\7022. 8mot2. wpdljfmlnlm Created: 9/20104 0:06PM Revised: 7/17/06 1 :36PM 7022.8 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD M. LEITZEL and BARBARA LEITZEL, HIW, Plaintiffs v. NO. 06-2994 CIVIL ACTION-LAW DON E. BROWN and BALTIMORE ORIOLES, INC., Defendants JURY OF TWELVE DEMANDED ****************************************************************************** RONALD M. LEITZEL and BARBARA LEITZEL, HIW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4089 CIVIL ACTION-LAW DON E. BROWN Defendant JURY OF TWELVE DEMANDED PLAINTIFFS' MOTION IN SUPPORT OF CONSOLIDATION PURSUANT TO PA. R.C.P. 213 AND NOW, come PLAINTIFFS, Ronald M. Leitzel and Barbara Leitzel, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby aver as follows: 1. Plaintiffs, Ronald M. Leitzel and Barbara Leitzel, are husband and wife residing at 2750 Spring Hill Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Don E. Brown (hereinafter, "Defendant Brown") is an adult individual with a last known address of212 Tranquility Drive, Ruther Glen, Caroline County, Virginia, 22546. 3. Defendant Baltimore Orioles, Inc. (hereinafter, "Defendant Orioles"), is a major league baseball team that does business in Maryland with a principal office of 333 West Camden Street, Baltimore, Maryland 21201. Their Resident Agent for service of process is Peter G. Angelos, 100 North Charles Street, Baltimore, Maryland 21201. . 4. On or about August 10,2005, Plaintiffs commenced the action at 05-4089 by filing a Complaint against Defendant Don E. Brown. 5. Thereafter, on or about May 24, 2006, Plaintiffs commenced the action at 06-2994 by filing a Complaint against Defendants, Don E. Brown and Baltimore Orioles, Inc. 6. Both ofthe above-captioned cases derive from the same incident. 7. Both of the above-captioned cases were filed in the Court of Common Pleas of Cumberland County. 8. Pursuant to Pa. R.C.P. 213, the Plaintiffs filed aMotion to Consolidate the two cases in this Court on or about June 2,2006. 9. On or about June 2, 2006, the Plaintiffs also served both Defendant Brown and Defendant Orioles with a Rule to Show Cause as to why the Motion to Consolidate should not be granted. 10. Defendant Brown and Defendant Orioles have consented to the consolidation of the above- captioned cases as evidenced by the attached letter from Defendant Orioles' counsel, Kane, Pugh, Knoell, Troy & Kramer LLP, dated June 26,2006. (See Def.'s Letter attached hereto as Exhibit A). WHEREFORE, Plaintiffs respectfully request this Court to consolidate the above-captioned cases, Nos. 05-4089 and 06-2994, in all respects pursuant to Pa. R.C.P. 213. By Geo ge B. Faller, Jr., Esquire LD. Number 49813 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 18, 2006 KANE. PUGH, KNOELL, TROY & KRA~fER UP ATTORNEYS AT LA\X/ William H. Pugl,. v+ George H. Kncell. III Paul C. fray Andrew J. Kramer Robert Connell Pugh Pau iyne it Gardner' Karen L. Tucci Yvette N. Blakeslee' Norman M. Sawyer, Jr, Justin p" Bayer" Kern Lin BOrlslow Atllena O. Pappas' Nicole R. McCauley 510 Swede Street 1515 Market Street, 71~ NOrrlstown. PA 19401 Philadelphia, PA 19102 610.275.2000 215.496.0515 Fax: 610.275.2018 www.kanepugh.com W!1lidill H. Pugh. ilf :>11101 CO~;:lScl Please Reply to Norristown Jeei B. Sernbauill F~i1ow, r\l1leric:~n Ar:adr.mv of 'vL;tnIT>:n,JI L::l'/....ycrs SjJ-=CI:l! CClinsel June 26, 2006 Edward F. Ka ne M. Cathlene Driscoll c.Jun~e! to n"',e Firm .,.. Member New Y'Jrk Bar .310;0 .. Mel1ibE'r New Jersey 8ar also akramer@kanepugh.com George B. Faller, Jr., Esq. MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013-3015 RE: RONALD M. LEITZEL and BARBARA LEITZEL, h/w vs. DON E. BROWN and BALTIMORE ORIOLES, INC. CUMBERLAND COUNTY CCP NO: 06-02994/CIVIL; 05-4089/CIVIL DIL: 06/29/04 YOUR FILE NO: 7022.8 Dear Mr. Faller: Please be advised that I have received your recent correspondence with the Rule to Show Cause as to the Plaintiffs' Motion to Consolidate. Please be advised that I have no objection to the consolidation. If you have any questions, please teel free to contact me. V e~.Jn1i iour~l/ // lJl ANDREW 1. KRAMER AJK:lhc cc: Casey G. Shore, Esq. ExhJhJilit "A" OJ .~\ J'r111:l..'f!I." L.I'.\' Fa11l CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of MARTS ON DEARDORFF WILLIAMS &"OTTO, hereby certify that a copy of the foregoing Plaintiffs' Motion to Consolidate Pursuantto Pa. R.c.P. 213 was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 Andrew J. Kramer, Esquire KANE, PUGH, KNOELL, TROY & KRAMER LLP 510 Swede Street Norristown, PA 19401 MARTSON DEARDORFF WILLIAMS & OTTO By , j((rJu;fJ y., p1L~ Nichole L. Myers Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Dated: July 17, 2006 -"n .-1 " 1-1 (" ,; . , JUL 2 02006f RONALD M. LEITZEL and BARBARA LEITZEL, HIW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2994 CIVIL ACTION-LAW DON E. BROWN and BALTIMORE ORIOLES, INC., Defendants JURY OF TWELVE DEMANDED ********************************************************************************* RONALD M. LEITZEL and BARBARA LEITZEL, HIW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4089 /'" CIVIL ACTION-LAW DON E. BROWN Defendant JURY OF TWELVE DEMANDED ORDER AND NOW, this .li+AYOf 2006, pursuant to Pa. R.C.P., upon careful consideration of the Plaintiffs' Motion to Consoli te and the attached Motion in Support of Consolidation, it is hereby ordered that the above-captioned civil actions shall be consolidated into Civil Action No. QJ.p- A. q 91 in all respects. J. \i~t D1' ~ /;~ ~\~ of" I 0\1 o(fle9 'a-V #'\c,p I~~ ~.#