HomeMy WebLinkAbout05-4740IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
Civil Action - (XX) Law
( ) Equity
JURY TRIAL DEMANDED
TRICIA L. CURRY OXFORD MANOR APARTMENT ASSOCIATES, L.P.
635 Mallard Drive a Pennsylvania Limited Partnership
Etters, PA 17319 770 Township Line Road, Suite 150
vs. Yardley, PA 19064
and
BERGEN MULTIFAMILY II, INC., General Partner of
RICHARD CURRY Oxford Manor Apartment Associates, L.P.
635 Mallard Drive 770 Township Line Road, Suite 150
Etters, PA 17319 Yardley, PA 19064
Plaintiff(s) & Defendant(s) &
Address(es) Address(es)
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue A Writ of Summons in the above-captioned action.
X Writ of Summons Shall be issued and forwarded to ( )Attorney
W. Scott Henning, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Name/Address/Telephone No.
of Attorney
Signature of Attorney
Supreme Court ID No.
Date:
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) H S/HAVE COMM CED AN
ACTION AGAINST YOU.
I Proth notary
Date: I by
Deputy
( ) Check here if reverse is used for additional information
PROTHON. - 55
C t?
7(k ' _ i-l
1'7 ? J
W. Scott Henning, Esquire
I.D.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238.2000 Attorney for Plaintiff
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.com
TRICIA L. CURRY, and
RICHARD CURRY,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTIFAMILY II, INC., General
Partner of Oxford Manor Apartment
Associates, L.P.,
Defendants
No: 05-4740
: CIVIL ACTION -LAW
JURY TRIAL 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 Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan
mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues
de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui an contra suya. Se le advierte de qua si usted falla de tomar acci6n como se describe
anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada an la
demanda o cualquier otra reclamaci6n o remedio solicitado por at demandante puede ser d ictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA
LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
HANDLER, HENNING & ROSENBERG, LLP
By:
W. Scott Henning, Esquire
W. Scott Henning, Esquire
I.D.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Plaintiffs
Fax : (717) 233-3029
E-mail: Henning@HHRLaw.com
TRICIA L. CURRY, and
RICHARD CURRY,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTIFAMILY Il, INC., General
Partner of Oxford Manor Apartment
Associates, L.P.,
Defendants
No: 05-4740
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Tricia L. Curry and Richard Curry, by and through
their attorneys, HANDLER, HENNING & ROSENBERG. LLP, by W. Scott Henning,
Esquire, and bring forth this Complaint against Defendants, Oxford Manor Apartment
Associates, L.P., Pennsylvania Limited Partnership, and Bergen Multifamily II, Inc.,
General Partner of Oxford Manor Apartment Associates, L.P., and aver as follows:
1. Plaintiff, Tricia L. Curry, is a competent adult individual currently residing at 635
Mallard Drive, Etters, York County, Pennsylvania 17319.
2. Plaintiff, Richard Curry, is a competent adult individual currently residing at 635
Mallard Drive, Etters, York County, Pennsylvania 17319.
3. Defendants, Oxford Manor Apartment Associates, L.P., Pennsylvania Limited
Partnership and Bergen Multifamily II, Inc., General Partner of Oxford Manor
Apartment Associates, L.P., are currently doing business at 770 Township Line
Road, Suite 150, Yardley, Bucks County, Pennsylvania 19064.
4. Defendants, Oxford Manor Apartment Associates, L.P., Pennsylvania Limited
Partnership and/or Bergen Multifamily II, Inc., General Partner of Oxford Manor
Apartment Associates, L.P., was in ownership, possession, management and/or
control of the Premises located at and known as, Oxford Manor Apartments, 1441
Apple Circle, Mechanicsburg, Cumberland County 17055.
5. At all times material hereto, Plaintiff, Tricia L. Curry, was lawfully upon said
Premises.
6. At all times material hereto, Defendants, Oxford Manor Apartment Associates, L.P.,
Pennsylvania Limited Partnership and/or Bergen Multifamily II, Inc., General Partner
of Oxford Manor Apartment Associates, L.P., who had exclusive control of said
Premises, had allowed snow and ice to accumulate and remain on the parking lot
of the premises located at 1441 Apple Circle, Mechanicsburg, Cumberland County
17055.
7. At all times material hereto, there were no warning signs posted on the Premises
warning of the snow and ice that existed on the parking lot.
8. On or about February 12, 2004, Plaintiff, Tricia L. Curry, was on the Premises.
While exiting her vehicle and stepping onto the parking lot, Plaintiff was caused to
slip and fall harshly upon the ground due to an accumulation of snow and/or ice that
-2-
was allowed to remain on the parking lot, causing personal injuries to the Plaintiff,
as more particularly set forth herein.
9. On or about February 17, 2004, Plaintiff, Tricia L. Curry, was on the Premises.
While en route to the garbage corral, Plaintiff was caused to slip and fall harshly
upon the ground due to an accumulation of snow and/or ice that was allowed to
remain on the parking lot, causing personal injuries to the Plaintiff, as more
particularly set forth herein.
COUNTI - NEGLIGENCE
TRICIA L. CURRY v. OXFORD MANOR
APARTMENT ASSOCIATES, a Pennsylvania Limited Partnership
10. Paragraphs 1 through 9 are incorporated herein as if fully set forth.
11. At all times material to hereto, Plaintiff, Tricia L. Curry, believes and therefore avers,
that Defendant, Oxford Manor Apartment Associates, L.P., Pennsylvania Limited
Partnership, was in ownership, possession, management and control of the
Premises and was responsible for maintaining the safe condition of the property
known as Oxford Manor Apartments, 1441 Apple Circle, Mechanicsburg,
Cumberland County 17055.
12. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff,
Tricia L. Curry, were caused directly and proximately by the negligence of
Defendant, Oxford Manor Apartment Associates, L.P., Pennsylvania Limited
Partnership, and/or by its agents, servants, workmen or employees, acting in the
scope of their authority and employment, generally and more specificallyas setforth
below:
-3-
a. In causing or permitting the parking lot at the Premises to become covered
with snow and/or ice thereby posing an unreasonable risk of injury to the
Plaintiff and to other persons lawfully upon the premises;
b. In failing to make a reasonable inspection of said Premises which would
have revealed the existence of the dangerous condition posed by the snow
and/or ice, and thereby allowing the same to be and remain a dangerous
condition when the Defendant knew or should have known of it;
C. In failing to ensure the parking lot at said Premises was maintained in a safe
condition to prevent injury to the Plaintiff and other persons lawfully upon the
Premises;
d. In having an improper design of the premises so as to create a hazard by
allowing ice and/or snow to accumulate;
e. In failing to post a warning sign or device in the area to notify of the
dangerous icy or slippery condition on the parking lot of said Premises;
f. In failing to properly remove the snow and/or ice from the parking lot of said
Premises so as to avoid the situation in which the Plaintiff slipped and fell;
g. In failing to keep the aforementioned parking lot free from hazardous
conditions in violation of § 302.3 of the Property Maintenance Code of Lower
Allen Township.
h. In failing to properly remove the snow and/or ice from the parking lot of said
Premises in violation of the Lower Allen Township Snow, Ice and Bad
Weather Ordinance § 187.48 et seq.;
-4-
i. In failing to place or adequately place salt, cinders or any other non-skid
material upon the snow and ice covered parking lot;
j. In failing to adequately illuminate the parking lot;
k. In failing to maintain the parking lot in a reasonably safe condition that would
prevent an entrant upon the land from slipping and falling.
13. Defendant, Oxford Manor Apartment Associates, L.P., Pennsylvania Limited
Partnership, had actual knowledge or should have known through the exercise of
ordinarycare and diligence that there was snow and ice accumulated on the parking
lot in the area where Plaintiff, Tricia L. Curry, fell.
14. As a direct and proximate result of the negligence of Defendant, Oxford Manor
Apartment Associates, L.P., Pennsylvania Limited Partnership, Plaintiff, Tricia L.
Curry, sustained serious injuries including, but not limited to, a lumbar strain/sprain,
herniated discs, low back pain and right leg pain.
15. As a direct and proximate result of the negligence of Defendant, Oxford Manor
Apartment Associates, L.P., Pennsylvania Limited Partnership, Plaintiff, Tricia L.
Curry, has undergone great physical pain, discomfort and mental anguish and she
will continue to endure the same for an indefinite period of time in the future, to her
great detriment and loss, physically, emotionally and financially.
16. As a direct and proximate result of the negligence of Defendant, Oxford Manor
Apartment Associates, L.P., Pennsylvania Limited Partnership, Plaintiff, Tricia L.
Curry, has been, and will in the future be, hindered from attending to herdaily duties
and activities to her great detriment, loss, humiliation and embarrassment.
-5-
17. As a direct and proximate result of the negligence of Defendant, Oxford Manor
Apartment Associates, L.P., Pennsylvania Limited Partnership, Plaintiff, Tricia L.
Curry, has and will in the future, suffer a loss of life's pleasures.
18. As a direct and proximate result of the negligence of Defendant, Oxford Manor
Apartment Associates, L.P., Pennsylvania Limited Partnership, Plaintiff, Tricia L.
Curry, has been compelled, in order to effect a cure for the aforesaid injuries, to
expend large sums of money for medicine and medical attention, and will be
required to expend large sums of money for the same purposes in the future, to her
great detriment and loss.
19. As a result of the negligence of Defendant, Oxford Manor Apartment Associates,
L.P., Pennsylvania Limited Partnership, Plaintiff, Tricia L. Curry, has suffered lost
wages/income and will in the future continue to suffer a loss of income and/or loss
of earning capacity.
20. Plaintiff, Tricia L. Curry, believes, and therefore avers, that her injuries are
permanent in nature.
WHEREFORE, Plaintiff, Tricia L. Curry, seeks damages from Defendant, Oxford
Manor Apartment Associates, L.P., Pennsylvania Limited Partnership, in an amount in
excess of the compulsory arbitration limits of Cumberland County.
-6-
COUNT II - NEGLIGENCE
TRICIA L. CURRY v. BERGEN MULTIFAMILY II. INC.. General Partner of Oxford
Manor Apartment Associates. L.P.
21. Paragraphs 1 through 20 are incorporated herein as if fully set forth.
22. At all times material to hereto, Plaintiff, Tricia L. Curry, believes and therefore avers,
that Defendant, Bergen Multifamily Il, Inc., General Partner of Oxford Manor
Apartment Associates, L.P., was in ownership, possession, management and
control of the Premises and was responsible for maintaining the safe condition of
the property known as Oxford Manor Apartments, 1441 Apple Circle,
Mechanicsburg, Cumberland County 17055.
23. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff,
Tricia L. Curry, were caused directly and proximately by the negligence of
Defendant, Bergen Multifamily II, Inc., General Partnerof Oxford Manor Apartment
Associates, L.P., and/or by its agents, servants, workmen or employees, acting in
the scope of their authority and employment, generally and more specifically as set
forth below:
a. In causing or permitting the parking lot at the Premises to become covered
with snow and/or ice thereby posing an unreasonable risk of injury to the
Plaintiff and to other persons lawfully upon the premises;
b. In failing to make a reasonable inspection of said Premises which would
have revealed the existence of the dangerous condition posed by the snow
and/or ice, and thereby allowing the same to be and remain a dangerous
condition when the Defendant knew or should have known of it;
-7-
C. In failing to ensure the parking lot at said Premises was maintained in a safe
condition to prevent injury to the Plaintiff and other persons lawfully upon the
Premises;
d. In having an improper design of the premises so as to create a hazard by
allowing ice and/or snow to accumulate;
e. In failing to post a warning sign or device in the area to notify of the
dangerous icy or slippery condition on the parking lot of said Premises;
f. In failing to properly remove the snow and/or ice from the parking lot of said
Premises so as to avoid the situation in which the Plaintiff slipped and fell;
g. In failing to keep the aforementioned parking lot free from hazardous
conditions in violation of § 302.3 of the Property Maintenance Code of Lower
Allen Township.
h. In failing to properly remove the snow and/or ice from the parking lot of said
Premises in violation of the Lower Allen Township Snow, Ice and Bad
Weather Ordinance § 187.48 et seq.;
In failing to place or adequately place salt, cinders or any other non-skid
material upon the snow and ice covered parking lot;
In failing to adequately illuminate the parking lot;
k. In failing to maintain the parking lot in a reasonably safe condition that would
prevent an entrant upon the land from slipping and falling.
24. Defendant, Bergen Multifamily II, Inc., General Partnerof Oxford Manor Apartment
Associates, L.P., had actual knowledge or should have known through the exercise
-8-
of ordinary care and diligence that there was snow and ice accumulated on the
parking lot in the area where Plaintiff, Tricia L. Curry, fell.
25. As a direct and proximate result of the negligence of Defendant, Bergen Multifamily
II, Inc., General Partnerof Oxford Manor Apartment Associates, L.P., Plaintiff, Tricia
L. Curry, sustained serious injuries including, but not limited to, a lumbar
strain/sprain, herniated discs, low back pain and right leg pain.
26. As a direct and proximate result of the negligence of Defendant, Bergen Multifamily
II, Inc., General Partnerof Oxford Manor Apartment Associates, L.P., Pennsylvania
Limited Partnership, Plaintiff, Tricia L. Curry, has undergone great physical pain,
discomfort and mental anguish and she will continue to endure the same for an
indefinite period of time in the future, to her great detriment and loss, physically,
emotionally and financially.
27. As a direct and proximate result of the negligence of Defendant, Bergen Multifamily
II, Inc., General Partnerof Oxford Manor Apartment Associates, L.P., Plaintiff, Tricia
L. Curry, has been, and will in the future be, hindered from attending to her daily
duties and activities to her great detriment, loss, humiliation and embarrassment.
28. As a direct and proximate result of the negligence of Defendant, Bergen Multifamily
Il, Inc., General Partnerof Oxford Manor Apartment Associates, L.P., Plaintiff, Tricia
L. Curry, has and will in the future, suffer a loss of life's pleasures.
29. As a direct and proximate result of the negligence of Defendant, Bergen Multifamily
II, Inc., General Partnerof Oxford ManorApartment Associates, L.P., Plaintiff, Tricia
L. Curry, has been compelled, in order to effect a cure for the aforesaid injuries, to
expend large sums of money for medicine and medical attention, and will be
-9-
required to expend large sums of money for the same purposes in the future, to her
great detriment and loss.
30. As a result of the negligence of Defendant, Bergen Multifamily II, Inc., General
Partner of Oxford Manor Apartment Associates, L.P., Plaintiff, Tricia L. Curry, has
suffered lost wages/income and will in the future continue to suffer a loss of income
and/or loss of earning capacity.
31. Plaintiff, Tricia L. Curry, believes, and therefore avers, that her injuries are
permanent in nature.
WHEREFORE, Plaintiff, Tricia L. Curry, seeks damages from Defendant, Bergen
Multifamily II, Inc., General Partner of Oxford Manor Apartment Associates, L.P., in an
amount in excess of the compulsory arbitration limits of Cumberland County.
COUNT III - LOSS OF CONSORTIUM
RICHARD CURRY v. OXFORD MANOR
APARTMENT ASSOCIATES, a Pennsylvania Limited Partnership
32. Paragraphs 1 through 31 are incorporated herein as if fully set forth at length.
33. At all times material to this action, Plaintiffs, Tricia L. Curry and Richard Curry,
were married as husband and wife.
34. As a direct and proximate result of Defendant, Oxford Manor Apartment
Associates, L.P., Pennsylvania Limited Partnership, negligence, the Plaintiff,
Richard Curry, has suffered a loss of consortium, society, and comfort from his
wife, Tricia L. Curry, and he will continue to suffer a similar loss in the future.
-10-
35. As a direct and proximate result of Defendant, Oxford Manor Apartment
Associates, L.P., Pennsylvania Limited Partnership, negligence, the Plaintiff,
Richard Curry, has been compelled, in order to effect a cure for his wife's
injuries, to expend money for medicine and medical attention and will be required
to expend money for the same purposes in the future, to his great detriment and
loss.
WHEREFORE, Plaintiff, Richard Curry, seeks damages from the Defendant,
Oxford Manor Apartment Associates, L.P., Pennsylvania Limited Partnership, in an
amount in excess of the compulsory arbitration limits of Cumberland County and
demands a trial by jury.
COUNT IV - LOSS OF CONSORTIUM
RICHARD CURRY v. BERGEN MULTIFAMILY II. INC.. General Partner of Oxford
Manor Apartment Associates. L.P.
36. Paragraphs 1 through 35 are incorporated herein as if fully set forth at length.
37. At all times material to this action, Plaintiffs, Tricia L. Curry and Richard Curry,
were married as husband and wife.
38. As a direct and proximate result of Defendant, Bergen Multifamily II, Inc.,
General Partner of Oxford Manor Apartment Associates, L.P., negligence, the
Plaintiff, Richard Curry, has suffered a loss of consortium, society, and comfort
from his wife, Tricia L. Curry, and he will continue to suffer a similar loss in the
future.
39. As a direct and proximate result of Defendant, Bergen Multifamily II, Inc.,
General Partner of Oxford Manor Apartment Associates, L.P., negligence, the
-11-
Plaintiff, Richard Curry, has been compelled, in order to effect a cure for his
wife's injuries, to expend money for medicine and medical attention and will be
required to expend money for the same purposes in the future, to his great
detriment and loss.
WHEREFORE, Plaintiff, Richard Curry, seeks damages from the Defendant,
Bergen Multifamily II, Inc., General Partner of Oxford Manor Apartment Associates,
L.P., in an amount in excess of the compulsory arbitration limits of Cumberland County
and demands a trial by jury.
Respectfully Submitted
HANDLER, HEI'*NIN>A & ROSENBERG, LLP
Dated: q-c ( ?
W. Scott Henning
Attorney for Plaintiffs
-12-
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document
are based upon information which has been furnished to counsel by me and
information which has been gathered by counsel in the preparation of this lawsuit.
The ianguage of the document is of counsel and not my own. I have read the
document and to the extent that it is based upon information which I have given to
counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the contents of the document are that of counsel, I have relied upon
my counsel in making this Verification. The undersigned also understands that the
statements made therein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
tin.
_ o
Tricia L. Furry
Richard Curry
Date: 9-(9 " CJ
W. Scott Henning, Esquire
I.D.#32998
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Plaintiffs
TRICIA L. CURRY, and
RICHARD CURRY,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTIFAMILY II, INC., General
No. 05-4740
CIVIL ACTION - LAW
Partner of Oxford Manor Apartment JURY TRIAL DEMANDED
Associates, L.P.,
CERTIFICATE OF SERVICE
On September 21, 2005, 1 hereby certify that a true and correct copy of Plaintiffs'
Complaint with Notice to Defend was served upon the following by depositing in U.S. Mail,
certified delivery:
Oxford Manor Apartment Associates, L.P.
770 Township Line Road, Suite 150
Yardley, Pennsylvania 19064
Bergen Multifamily II, Inc.
770 Township Line Road, Suite 150
Yardley, Pennsylvania 19064
Respectfully Submitted,
HANDLER EN NG & OSE BERG, LLP
Date: 9/21/05 By:
W. Scott He (!#rev/
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-04740 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CURRY TRICIA L ET AL
VS
OXFORD MANOR APARTMENT ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
OXFORD MANOR APARTMENT ASSOCIATES LP
but was unable to locate Them in his bailiwick
to wit:
He therefore
deputized the sheriff of BUCKS County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On September 30th , 2005 , this office was in receipt of the
attached return from BUCKS
Sheriff's Costs: So answers*
_?-
..
Docketing 18.00
Out of Cou nty 9.00
Surcharge 10.00 R'. Thomas Kline
Dep Bucks County 66.00 Sheriff of Cumberland County
Postage .74
103.74
09/30/2005
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this day of
A.D.
onot y
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-04740 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
Y TRICIA L ET AL
VS
OXFORD MANOR APARTMENT
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
BERGEN MULTIFAMILY II INC
but was unable to locate Them
deputized the sheriff of BUCKS
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On September 30th , 2005 , this office was in receipt of the
attached return from BUCKS
Sheriff's Costs: So answers: - `?
Docketing 6.00 _ ?.
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00
09/30/2005
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this day of
?vu5" .D. D
P notar
to wit:
in his bailiwick. He therefore
In The Court of Common Pleas of Cumberland County, Pennsylvania
Tricia L. Curry et al
vs.
Oxford Manor Apartment Associates LP et al
SERVE: Bergen Multifamily II Inc No. 05-4740 civil
Now, September 14, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Bucks
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of 20
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
$
20_, at o'clock M. served the
In The Court of Common Pleas of Cumberland County, Pennsylvania
Tricia L. Curry et al
VS.
oxford Manor Apartment Associates LP et al
SERVE: Oxford Manor Apartment Associates No. 05-4740 civil
Now, September 14, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Bucks
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of 20
20 , at o'clock M. served the
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
S"0201 A19/23/2105 SHERIFFS OFADMIAISTRATI?k,'!L`It.1%L19 SHERIFF
TIME: 17:04 OOYLESTOWNo PA 19591
3i1CKS MISC DOCKET if 2005 31862 LOCATION: CUT CF COUNTY CLASS: ASSU14PSIT
+"A? l* SIVERIFFOS RETURN OF SERVICE #k#t
SHERIFFfS OFFICE
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE PA 17013
ATTN:W SCOTT HENNING#ESQ
PLAINTIFF DEFENDANT
CURRY TRICIA L VS. CXFCRO MANOR APARTMENT ASSOCIATES
770 TOWNSHIP LINE RO STE 150
YARCLEYs PA 19067
VS. BERGEN MULTIFAMILY II• INC
779 TOWNSHIP LINE RO STE 150
YARCLEY9 PA 19067
09122005 COMPLAINT - CIVIL ACTION RECEIVED FROM CUMBERLAND CO SHERIFFS DEPT RAG
09192005 RECEIVED IN SHERIFF*S OFFICE FOR SERVICE. TRANSACTION #05-1-10714 RAG
AMOUNT PAID $66.00.
09212005 SHERIFF'S RETURNS UNDER OATH, FILED. DEPUTY FRENCH AT 1155AN RAG
SERVED DEFENDANT(S) PURSUANT TO PA.R.C.P. 0402(A)(2)(III)
SERVED DEFTS'OXFORO MANOR APT ASSOCS9 BERGEN MULTIFAMILY*II, INC BY RAG
HANDING TO SHEILA HENRYfPIC).
09232005 INVOICE MAILED TO CUMBERLAND CO SHERIFFS DEPT ATTN:W SCOTT HENNING• RAG
ESQ TRANSACTION #05-1-10714
END OF CASE
2C 5Yr;? ;
BUCKS COUNTY OC
SHERIFF'S RETURN 1 of 1
Bucks County Case # 200531862
Invoice to be mailed to
CUMBERLAND County Sheriffs Office
Filed 9 /12/2005 in CUMBERLAND COUNTY
Bucks Casc# 200531862 Reed 9/19/2005
Special Instructions
Attn:
W SCOTT HENNING ESQ
Special Instructions
Notes
Action Civil Action WRIT OF SUMMONS
Plaintiff TRICIA L CURRY
-VS-
Defenda FORD MANOR APARTMENT ASSOCIATES
RGEN MULTIFAMILY II. INC
770 TOWNSHIP LINE ROAD STE 150
YARDLEY. PA 19067
Address Served if Different
e e under Pa. R.C.P. 4402
_ (A) (i) Defendant personally served
_ (A) (2) (i) Family Member
_ (A) (2) (i) Adult in Charge of Residence
(A) (2) (ii) Manager/Clerk at Deft's Lodging
(A) (2) (iii) Person in Charge of Business
By Handling to i f
_ By Posting
Not Served
_ 30 Days Ran Out Defendant Not Home
_ Defendant Moved Address Vacant
Defendant Unknown Deputy needs better address
Checked Post Office No Forwarding
Forwarding Address
Twp. oro ' 1 ?? - C,????
By Deputy ?'rtwl`Wf k1 '?Y"
i
Witness
At 11Z o'clock ( AM-R-" ) on
The above document as serve aet- c, ed on the defendant as per
information listed above e C ticks, Commonwealth of
Pennsylvania. t^yl
So answers:
en of Bucks CgYw
before me on this day,_(95
Affirmed and subscribed before me on this day
Notary Public
My Com. Exp.
9/19/05
1146
1001 / /K /
TO ALL PARTIES:
You are hereby notified to file a written response to the
enclosed NEW MATTER within twenty (20) days from
service hereof or ajudgment may be entered against you.
SALMON, RICCHEZZA, SINGER &
By: Joseph A. Ricchezza, Esquire
Attorney ID: 66171
By: Mark J. Dianno, Esquire
Attorney ID: 68769
1700 Market Street - Suite 3110
Philadelphia, PA 19103
(215) 606-6600
TRICIA L. CURRY and
RICHARD CURRY,
Plaintiffs,
vs.
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTI-FAMILY II, INC., General
Partner of Oxford Manor Apartment
Associates, L.P.,
Defendants,
SALMON RICCH .7.A HI & SINGER LLP
By:
Dia , Esquire
11??- 1I
TURCHI, LLP
Attorneys for Defendants,
Oxford Manor Apartments Associates, LP
and Bergen Multi-Family II, Inc.
CUMBERLAND COUNTY, PA
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 05-4740
DEFENDANTS' ANSWER TO COMPLAINT WITH NEW MATTER
Defendants Oxford Manor Apartment Associates, LP and Bergen Multi Family II, Inc.
(hereinafter "Answering Defendants"), by and through their attorneys Salmon, Ricchezza, Singer
and Turchi, LLP, file this Answer and New Matter to Plaintiffs Complaint in the above
captioned matter. Answering Defendants avers as follows:
{00034996DOC)
1. Denied. Answering Defendants are without sufficient knowledge or
information to form a belief as to the truth of the matter as asserted in this paragraph and,
therefore, same are denied and strict proof is demanded.
2. Denied. Answering Defendants are without sufficient knowledge or
information to form a belief as to the truth of the matter as asserted in this paragraph and,
therefore, same are denied and strict proof is demanded.
3. Denied as stated. It is admitted that Oxford Manor Apartment Associates, LP is
a Pennsylvania limited partnership and is doing business at 5349 Oxford Drive, Mechanicsburg,
PA 17055. It is further admitted that Bergen Multi Family II, Inc., is currently doing business at
770 Township Line Road, Suite 150, Yardley, PA 19064.
4. Admitted.
5. Denied. Answering Defendants are without sufficient knowledge or
information to form a belief as to the truth of the matter as asserted in this paragraph and,
therefore, same are denied and strict proof is demanded.
6. Denied as stated. It is admitted that Answering Defendants had control of the
premises located at 1441 Apple Circle, Mechanicsburg, PA 17055. The remainder of Plaintiffs
allegations constitute conclusions of law and, therefore, no further response is required. To the
extent that a response is required, these allegations are denied in accordance with Pa. R.C.P.
1029 (e).
7-9. Denied. Answering Defendants are without sufficient knowledge or information
to form a belief as to the truth of the matter as asserted in these paragraphs and, therefore, same
are denied and strict proof is demanded. By way of further response, without waiver of the
(00034996.DOC)
foregoing, Answering Defendants deny that any alleged negligence on their part caused any
injuries to plaintiffs.
COUNT I - NEGLIGENCE
10. Answering Defendants hereby incorporate their responses to paragraphs 1-9 as
though same were fully set forth at length herein.
11. Denied as stated. It is admitted that Answering Defendants were in ownership,
possession, management and control of the premises located at 1441 Apple Circle,
Mechanicsburg, PA 17055 known as Oxford Manor Apartments. It is denied that Answering
Defendants failed to maintain said property in a safe condition.
12-19. Denied. The allegations of these paragraphs state conclusions of law to which no
further response is required, To the extent that a response is required, these allegations are denied
in accordance with Pa. R.C.P. 1029 (e).
20. Denied. Answering Defendants are without sufficient knowledge or information
to form a belief as to the truth of the matter as asserted in this paragraph and, therefore, same are
denied and strict proof is demanded.
WHEREFORE, Answering Defendants deny that they are liable to Plaintiffs and request
judgment in their favor together with costs and interests and such other relief as this Court deems
appropriate.
COUNT I1- NEGLIGENCE
21. Answering Defendants hereby incorporate their responses to paragraphs 1-20 as
though same were fully set forth at length herein.
22. Denied as stated. It is admitted that Answering Defendants were in ownership,
possession, management, and control of the premises located at 1441 Apple Circle,
{00034996.DOC}
Mechanicsburg, PA 17055 known as Oxford Manor Apartments. It is denied that Answering
Defendants failed to maintain said property in a safe condition.
23-30. Denied. The allegations of these paragraphs state conclusions of law to which no
further response is required. To the extent that a response is required, these allegations are
denied in accordance with Pa. R.C.P. 1029 (e).
31. Denied. Answering Defendants are without sufficient knowledge or information
to form a belief as to the truth of the matter as asserted in this paragraph and, therefore, same are
denied and strict proof is demanded.
WHEREFORE, Answering Defendants deny that they are liable to Plaintiffs and request
judgment in their favor together with costs and interests and such other relief as this Court deems
appropriate.
COUNT III - LOSS OF CONSORTIUM
31 Answering Defendants hereby incorporate their responses to paragraphs 1-31 as
though same were fully set forth at length herein.
33. Denied. Answering Defendants are without sufficient knowledge or information
to form a belief as to the truth of the matter as asserted in this paragraph and, therefore, same are
denied and strict proof is demanded.
34-35. Denied. The allegations of this paragraph state conclusions of law to which no
further response is required. To the extent that a response is required, these allegations are
denied in accordance with Pa. R.C.P. 1029 (e).
WHEREFORE, Answering Defendants deny that they are liable to Plaintiffs and request
judgment in their favor together with costs and interests and such other relief as this Court deems
appropriate.
(00034996.DOC)
COUNT IV - LOSS OF CONSORTIUM
36. Answering Defendants hereby incorporate their responses to paragraphs 1-36 as
though same were fully set forth at length herein.
37. Denied. Answering Defendants are without sufficient knowledge or information
to form a belief as to the truth of the matter as asserted in these paragraphs and, therefore, same
are denied and strict proof is demanded.
38-39. Denied. The allegations of this paragraph state conclusions of law to which no
further response is required. To the extent that a response is required, these allegations are
denied in accordance with Pa. R.C.P. 1029 (e).
WHEREFORE, Answering Defendants deny that they are liable to Plaintiffs and request
judgment in their favor together with costs and interests and such other relief as this Court deems
appropriate.
NEW MATTER
40. Answering Defendants hereby incorporate their responses to paragraphs 1-39 as
though same were fully set forth at length herein.
41. Answering Defendants did not owe any duty to Plaintiffs and did not breach any
duties that were due and owing to Plaintiffs.
42. Answering Defendant avers that plaintiff was guilty of contributory/comparative
negligence and accordingly, plaintiffs' recovery is barred or limited in accordance with the
applicable comparative negligence statute.
43. Plaintiffs' claims are barred by the doctrine of assumption of the risk.
44. Plaintiffs' complaint fails to state a claim upon which release can be granted.
(00034996.DOC)
45. Plaintiffs' injuries, if any, with the result of the actions or inactions of other persons
or parties over which Answering Defendants had no control or right to control.
46. Plaintiffs' claims are barred by the doctrines of waiver, ]aches and estoppel.
47. The damages are not the result of the accident which is the subject of Plaintiffs'
complaint.
48. Plaintiffs' claims are barred by the applicable statute of limitations.
49. Plaintiffs have failed to mitigate damages.
50. Plaintiffs' claims are barred or limited by the doctrines of release and accord and
satisfaction.
51. Plaintiffs' claims are barred by the doctrines of res judicata, collateral estoppel and
the entire controversy doctrine.
52. The court lacks in persona jurisdiction.
53. Plaintiff voluntarily and unreasonably encountered a known hazard, thereby barring
or limiting recovery for the injuries alleged.
54. Answering Defendants adopt and incorporate by reference, as if same were set forth
at length herein, all other affirmative defenses which have been or will be asserted by any other
party to this action, except those which may contain allegations of liability against these
Answering Defendants, to the extent that such defenses are applicable to these Answering
Defendants.
SALMON, RICCHEZZA, SINGER & DJRE I ALP
By:
i A. jcchezza, Esquire
J. ianno
Attorneys for Defendants,
Oxford Manor Apartments Associates LP
and Bergen Multi-Family II, Inc.
Dated: November 7, 2005
{00034996.DOC}
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Defendants Answer to Plaintiffs' Complaint with
New Matter was sent on this date, by first class United States mail, postage prepared to the
counsel listed below:
W. Scott Henning, Esquire
Handler Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Attorney for Plaintiffs
SALMON, RICCHE CHI LLP
By:
J. D))a&o, Esquire
A orneys for Defendants,
Oxford Manor Apartments Associates LP
and Bergen Multi-Family II, Inc.
Dated: November 7, 2005
{00034996.DOC}
NOV-03-2005 THU 03 27 PM Morgan Properties FAX NO. 16109451559 P, 02
VERIFICATION
I, Jeff Callan, hereby state that I am authorized to make this verification for Answering
Defendants, Oxford Manor Apartments Associates, LP and Bergen Multi-Family II, Inc. in this
action and verify that the statements made in the foregoing pleading are true and correct to the
best of my knowledge, information and belief. The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa, C.S.A. 4909 relating to unsworn falsification
to authorities.
4aneaor Apartments Associates, LP
And Bergen Multi-Family Il, Inc.
Dated: 005
(00034996.I)OC)
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4?
TRICIA L. CURRY, and
RICHARD CURRY,
Plaintiffs
V.
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTIFAMILY II, INC., General
Partner of Oxford Manor Apartment
Associates, L.P.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No: 05-4740
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
PLAINTIFFS' REPLY TO NEW MATTER
AND NOW, come the Plaintiffs, Tricia L. Curry and Richard Curry, by and
through their attorneys, HANDLER, HENNING & ROSENBERG. LLP, by W. Scott
Henning, Esquire, and reply to Defendants' New Matter as follows:
40. Paragraph 40 is an incorporation paragraph to which no responsive
pleading is required.
41. Denied. It is denied that the Answering Defendants did not owe a
duty of care to the Plaintiffs. It is further denied that the Answering Defendants did not
breach the duty of care that was owed to the Plaintiffs, proof to the contrary is
demanded at the trial in this matter.
42. Denied. The allegation set forth in Paragraph 42 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, it is denied that Plaintiff, Tricia L. Curry
was in any way contributorily or comparatively negligent so as to bar or limit her
recovery in accordance with the Pennsylvania Comparative Negligent Statute, and
proof to the contrary is demanded at the trial in this matter.
43. Denied. The allegation set forth in Paragraph 43 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, it is denied that the Plaintiffs are barred
by the doctrine of the assumption of the risk, and proof to the contrary is demanded at
the trial in this matter. By way of further answer, it is denied that the doctrine of the
assumption of the risk is applicable to the subject cause of action.
44. Denied. The allegation set forth in Paragraph 44 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, it is denied that the Plaintiffs' Complaint
fails to state a cause of action upon which relief can be granted, and proof to the
contrary is demanded at the trial in this matter.
45. Denied. It is denied that the Plaintiffs' injuries were a result of the
actions or inactions of other persons or parties over whom the Answering Defendants
had no control or right to control, and proof to the contrary is demanded at the trial in
this matter.
46. Denied. The allegation set forth in Paragraph 46 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims are
barred by the doctrines of waiver, ]aches and estoppel, and proof to the contrary is
demanded at the trial in this matter.
47. Denied. It is denied that the damages that the Plaintiffs are asserting
in this cause of action were not the result of the incident which is the subject of
Plaintiffs' Complaint, and proof to the contrary is demanded at the trial in this matter.
48. Denied. The allegation set forth in Paragraph 48 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims are
barred by the applicable Statute of Limitations, and proof to the contrary is demanded
at the trial in this matter.
49. Denied. The allegation set forth in Paragraph 49 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, the Plaintiffs deny that they have failed
to mitigate their damages, and proof to the contrary is demanded at the trial in this
matter.
50. Denied. The allegation set forth in Paragraph 50 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, the Plaintiffs deny that their claims are
barred or limited by the doctrines of release and accord and satisfaction.
51. Denied. The allegation set forth in Paragraph 51 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, the Plaintiffs deny that their claims are
barred by the doctrines of res judicata, collateral estoppel and the entire controversy
doctrine, and proof to the contrary is demanded at the trial in this matter.
52. Denied. The allegation set forth in Paragraph 52 is a conclusion of
law to which no responsive pleading is required, however, to the extent that the
Honorable Court deems a response necessary, the Plaintiffs deny that the Court lacks
in persona jurisdiction, and proof to the contrary is demanded at the trial in this matter.
53. Denied. It is denied that the Plaintiff, Tricia L. Curry, voluntarily,
knowingly and unreasonably encountered a known hazard, thereby barring or limiting
recovery for the injuries that she sustained as a result of the fall caused by the
Defendants' negligence, and proof to the contrary is demanded at the trial in this
matter.
54. Denied. The allegation set forth in Paragraph 54 is a conclusion of
law to which no responsive pleading is required.
WHEREFORE, Plaintiffs demand judgment against the Defendants for the relief
set forth in their Complaint.
DATE
Respectfully submitted,
HANDLER, HENNING
W. Scott Henninl,, E L
I.D. #32298
1300 Linglestown Road
Harrisburg, PA 17110
717-238-2000
Attorney for Plaintiffs
RG,LLP
TRICIA L. CURRY, and
RICHARD CURRY,
Plaintiffs
V.
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTIFAMILY II, INC., General
Partner of Oxford Manor Apartment
Associates, L.P.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No: 05-4740
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
On the 11" day of November, 2005, 1 hereby certify that a true and correct copy
of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S.
Mail;
Mark J. Dianno, Esq.
Salmon Ricchezza Singer & Turchi
1700 Market Street, Suite 3110
Philadelphia, PA 19103
Respectfully submitted,
a
HANDLER„HENNI)WG & I2OSENBERG, LLP
DATE
W. Scott Henning, E
I.D. #32298
1300 Linglestown R(
Harrisburg, PA 1711
717-238-2000
re
Attorney for Plaintiffs
VERIFICATION
PURSUANT TO PA R.C.P. NO. 1024 (c)
W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing
the foregoing document; that he makes this affidavit as an attorney, because the party he
represents lacks sufficient knowledge or information upon which to make a verification
and/or because he has greater personal knowledge of the information and belief than that
of the party for whom he makes this affidavit; and that he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S.
§4904 relating to unsworn falsification to author
/-)/- JJo
Date:
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
Al MC on be iri!ZAA?, f
RICCH ES
At orney for DEFENDANT
DE11-599117 0 7 5 1 1- 1, 0 1
>>> LOCATION LIST <<<
LOCATION NI
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS E BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND :K-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-31.8061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA_
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
File No. 05-4740
vs.
OXFORD MANOR APARTMENT ASSOCIATES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for JAMES L WHARTON 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 ATTACIJEJ) RIDER ****
at The MCS Grouo Inc 1601 Market Str r 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: JOSEPH RICCHEZZA. ESO
ADDRESS: 1700 MARKET SIREET
SUITE 3110
PHILADELPHIA PA 19103
TELEPHONE: 15) 246-0900
SUPREME COURT H) #:
ATTORNEY FOR: Defendant
BY THE O?U?RRT:
Protho otaryLc'- , ivil Iivi Sion
DEC 1 2 2F05
n
Date: ? -)6os Deputy
t.L?.
Seal of the Court
07511-01
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
JAMES L. WHARTON, D.C.
5257 E. SIMPSON FERRY RD.
MECHANICSBURG, PA 17055
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
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,
rnedication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-511-3912
Date of Birth: 07-09-1975
SUID-592360 0 7 5 1 1- 1, 0 1
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-vs-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12112/2005
MC on 7RC fOS F??At ornDEFENDANT
DE11-599118 0 7 S 1 1- 1, 0 2
C O M M O N W E A L T H OF P E N N S Y L -\TAN T l!&
COUNTY OF CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
TERM,
CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
09T TO SERVE
FOR
TO PRODUCE
TO
[ Note: see enclosed list of locations ]
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1-C70 1
>>> LOCATION LIST <<<
RECORDS
PAGE: 1
JAMES L. WHARTON, D.C. MEDICAL, BILLING, AND X-RAY(S)
SHEPHERDSTOWN FAMILY PRACTICE MEDICAL RECORDS & XRAYS
HERSHEY MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL
HERSHEY MEDICAL CENTER X-RAY ONLY
ORTHOPAEDIC INSTITUTE OF PA MEDICAL, BILLING, AND X-RAY(S)
PINNACLE HEALTH PHYSICAL THER. MEDICAL RECORDS & BILLING
TRISTIAN ASSOCIATES MEDICAL, BILLING, AND X-RAY(S)
APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S)
MESSIAH VILLAGE EMPLOYMENT
DRAYER PHYSICAL THERAPY MEDICAL RECORDS & BILLING
WEST SHORT ANESTHESIA ASSOC. MEDICAL RECORDS & BILLING
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS & HOSPITAL BILL
SEIDLE MEMORIAL HOSPITAL X-RAY ONLY
BLUE MOUNTAIN ANESTHESIA MEDICAL RECORDS & BILLING
WILLIAM J. ALBRIGHT, IV, M.D. MEDICAL, BILLING, AND X-RAY(S)
GIANT PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS
RITE-AID CORPORATION PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-313061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for SHEPHERDSTOWN FAMILY PRACTICE
(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: JOSEPH RICCHEZZA. ESQ.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA. PA 19103
TELEPHONE: (,15) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
qq 1 DEC 1 2 2005
Date: /C )rx) I .q Q n6s
Seal of the Court
BY THE OUR"I:
s?
Prothonotary/CI . i'vil Divi on
Deputy
07511-02
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SHEPHERDSTOWN FAMILY PRACTICE
2140 FISHER ROAD
MECHANICSBURG, PA 17055
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
Entire medical, billing, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or treating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored m a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02409-1975
SU10-542362 0751-3--T,02
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
Aon bb eof
i H RI C ,,, A,
I !
Attorney for DEFENDANT
DE11-599119 0 7 5 1 1- L 0 3
C O M M O N W E A L T H OF P E NN S Y L STAN T -A,
COUNTY OF CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF
A SUBPOENA
[ Note: see enclosed list of locations ]
TERM,
CASE NO: 05-4740
TO: W. SCOTT HENNING, ESQ_, PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-31EI061 0 7 5 1 1- C O 1
>>> LOCATION LIST <<<
NAME RECORDS
PAGE: 1
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X.-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS 6 BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 S 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. _ 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HERSHEY MEDIA CENTER
(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 Crory} 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: JOSEPH RICCHEZZA. ESQ.
ADDRESS: 1700 MARKET STREET
SUIT 3110
PHILADELPHIA PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
DEC t 2 2005
Date: A06. I S'I -)-n rl'C
Seal of the Court
BYBY TH?T:
Protho otar ICIe v4on
Deputy
07511-03
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HERSHEY MEDICAL CENTER
500 UNIVERSITY DRIVE
HERSHEY, PA 17033
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, tests, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form.,
relating to any examination, consultation, diagnosis, care, treatment,
admissdischarge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-592364 0 7 5 1 1- 1, 0 3
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
M on b 4al of
J S H RZZA,
A orney for DEFENDANT
DE11-599120 0 7 5 1 1- 1, 0 4
C O M M O N W E A L T H OP P E N N S Y L VAN T A
COUNTY OP CUMBERLAI<ID
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE
A SUBPOENA
[ Note: see enclosed list of locations ]
'PERM,
CASE NO: 05-4740
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 3-1-CO 1
>>> LOCATION LIST <<<
NAME
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS 6 HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS k BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-313061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA_
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
File No. - 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HERSHEY MEDICAL CENTER
(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 Grouo Inc 1601 Market tre t S it 800 Philad luhia 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: JOSEPH RICCHEZZA. ESO
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHIL PHIA PA 1910
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY TH COURTT:
Proth notary/ . ivil vision
DEC
tG5
Date: Deputy
gnu ! S' c,L[-??
Seal of the Court
07511-04
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HERSHEY MEDICAL CENTER
500 UNIVERSITY DRIVE
HERSHEY, PA 17033
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
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: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SLAO-592366 0 7 5 1 1- L 0 4
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
/MC on be l '7of
0 H RI?HHEZZA, /
01
Attorney for DEFENDANT
DE11-599121 0 7 S I- 1- L 0 5
C O M M O N W E A L T H OF P E NN S Y L STAN T A
COUNTY OF' CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF D
B A SUBPOENA TO PR(
PURSUANT
[ Note: see enclosed list of locations )
TERM,
CASE NO: 05-4740
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE 14CS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215;1 246-0900
DE02-318061 0 7 5 1 1- C O 1
>>> LOCATION LIST <<<
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS E XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS 6 HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLI19G
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 3- 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA_
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for ORTHOPAEDIC 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 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: JOSEPH RICCHEZZA ES
ADDRESS: 1700 MARKET STREET
PHILADELPHIA- PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
n 1 DEC t 2 2(?Q5
Date: ALy -/ ?S
Seal of the Court
BY THE COURT:
Prothonotary(Cle , t it Div' on
Deputy
07511-05
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ORTHOPAEDIC INSTITUTE OF PA
875 POPLAR CHURCH ROAD
CAMP HILL, PA 17011
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
Entire medical, trilling, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or treating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x.-ray
films and tests with subsequent reports, including any and all such items as
may be stored m a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security A 209-58-3912
Date of Birth: 02-09-1975
SU10-592368 0753-3--l-05
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
MC on be 1' of
S CHEZZA, E
A orney for DEFENDANT
DE11-599122 0 7 5 1 1- L 0 6
C O M M O N W E A L T H OF P E NN S Y L VAN TA
COUNTY OF CUMBERLAIPID
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL 'PERM,
-vs- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
TO SERVE A
[ Note: see enclosed list of locations )
TO: N. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 75 1 1-CO 1
>>> LOCATION LIST <<<
RECORDS
PAGE: 1
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS R HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-3114061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. _Q,5-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for PINNACLE HEALTH PHYSICAL THEE'.
(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: JOSEPH RICCHEZZA ES
ADDRESS: 1700 MARKET STREET
PHILADELPHIA PA 19103
TELEPHONE: (2.15) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
Date:
Seal of the Court
BY THE COUR41Cli Prothonolaryl Did on
Deputy
07511-06
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PINNACLE HEALTH PHYSICAL THER.
2015 TECHNOLOGY PARKWAY
MECHANICSBURG, PA 17050
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical and billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
consultation, diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-511-3912
Date of Birth: 02-WI975
SUIG-592379 0 7 5 1 1- 1, 0 6
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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.
/?yQ on be l; f
//\ IVJ `/xk`v
DATE: 12/12/2005 OS H RICCHEZZA,
Attorney for DEFENDANT
DE11-599123 0 7 5 1 1- L 07
C O M M O N W E A L T H OF P E NN S Y L ZTAN T A
COUNTY OF CUMBERLAP7D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
INTENT TO SERVE A
FOR
PERM,
CASE NO: 05-4740
PRODUCE DOCU14=S AND
RULE 4009.21
[ Note: see enclosed list of locations ]
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSE13H RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0751-1--COIL
>>> LOCATION LIST <<<
LOCATION NAME
RECORDS
PAGE: 1
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLIING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1-CO 1
COMMONWEALTH OF PENNSYLVANIA_
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
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 ATTACHED RIDER ****
at The MCS Group. ipc . 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: JOSEPH RICCHEZZA. ESO
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA, PA 1910
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
LEi S G LUUj-
Date: _?J . / .
Seal of the Court
BY THE COUR"C:
ProthProth not , roil vision
Deputy
07511-07
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
TRISTIAN ASSOCIATES
4349 CARLISLE PIKE
CAMP HILL, PA 17011
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
Entire medical, billing, and diagnostic file, including but not limited to
any and all rewrds, correspondence to and from the consulting and/or i,eating
physicians, files, memoranda, handwritten notes, history and physical reports,
medication/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, rf:lating
to any examination, consultation, diagnosis, care or treatment pertaining, to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security ff: 209-58-3912
Date of Birth: 02-09-1975
SU10-592372 0 7 5 1 1- L 0 7
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
MCS beha 1
/ 4*Attne-y CCHEZZA , ESQ
for DEFENDANT
DE11-599124 0 7 5 1 1- L 0 8
C O M M O N W E A L T H OP P E N N S Y L NTAN TA
COUNTY OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF I
A SUBPOENA
[ Note: see enclosed list of locations ]
TO: N. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1- C O J-
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA_
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for APPALACHIAN ORTHOPEDIC CENTER
(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: _ **** SFE 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: JOSEPH RICCHEZZA. ESO
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA, PA 1910
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
C'? Z Z K)
Date: /.S can%E
Seal of the Court
BY THE COURT:
Pro onotarX/Ck. ivil I) vision
Deputy
07511-08
EXPLANATION OF REQUIRED
TO: CUSTODIAN OF RECORDS FOR:
APPALACHIAN ORTHOPEDIC CENTER
1 DUNWOODY DRIVE
CARLISLE, PA 17013
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
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,
medncauon/prescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-55-3912
Date of Birth: 02409-1975
SU10-592374 0 75 1 1- L 08
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
?v
korney be aloof
RICCH]iZZA, E
for DEFENDANT
DE11-599125 0 7 5 1 1- L 0 9
C O M M O N W E A L T H OF P E NN S Y L -\TAN T -A,
COUNTY OF CUMBERLAND
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NT TO SERVE A SUBPOENA
FOR DISCOVERY
[ Note: see enclosed list of locations )
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE I4CS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1- C O 1
>>> LOCATION LIST <<<
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1-C!0 1
COMMONWEALTH OF PENNSYLVANIA.
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. ,0 -4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2222
TO: Custodian of Records for MESSIAH VILLAGE
(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 Croup 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: JOSEPH RICCHEZZA, ESO.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
Proth8k,, C it Di ` ion
r1-C ` I Deputy
Date:
Seal of the Court
07511-09
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MESSIAH VILLAGE
100 MT. ALLEN DRIVE
MECHANICSBURG, PA 17050
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all employment records, applications, files, memoranda, compensation,
time and attendance records, personnel records, payroll and salary reports and
all medical records as an employee, including any and all such items as may be
stored in a computer database or otherwise in electronic form, pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU30-552376 0 7 5 1 1- T,0 9
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
CJMBERLAND
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
WCsn p CE,ZZAE S
y DEFENDA T
DE11-599126 0 7 S 1 1- L 1 0
C O M M O N W E A L ']PH OF P E NN S Y L VANS A
C O UN T Y OF C UM B E R L ANr)
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
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: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE 14CS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1- C O 1
>>> LOCATION LIST <<<
LOCATION
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. _ 0 i-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for DRAYER PHYSICAL THERAPY
(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 Groun. 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: JOSEPH RICCHEZZA. ESO.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA. PA 19103
TELEPHONE: 12151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE CO R1P:
Cle
r ' t Divi ' n
Prothon
ry
f ; '_005
n
Date: /111 )(x> - ?- ?p nn Deputy
Seal of the Court
07511-10
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DRAYER PHYSICAL THERAPY
5275 E. TRINDLE ROAD
MECHANICSBURG, PA 17050
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical and billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
consultation, diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security I/: 209-51-3912
Date of Birth: 02409-1975
SU10-592378 0751-3--T,1-0
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
jMCS n beh f
?1/SEP RICC f;ZZA, ES
Atto ney for DEFENDAN
DE11-59`.1127 0 7 S 1 1- L 1. 1
C O M M O N W E A L T H OF P E N N S Y L VAN 2 A
COUNTY OF CUMBERLAIPTD
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
COURT OF COMMON PLEAS
TERM,
CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
ICE OF INTENT TI
TO PRODUCE DOCUMENTS AND
TO RULE 4009.21
( Note: see enclosed list of locations ]
T0: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1-CO 1
>>> LOCATION LIST <<<
NAME
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS 6 HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS 6 BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
File No. 05-4740
vs.
OXFORD MANOR APARTMENT ASSOCIATES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for WEST SHORT ANESTHESIA AO
(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: JOSEPH RICCHEZZA. ESO.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA. PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY TH?T:
Prothon tary/Clerk, 1 Divi n
GEC t ?11
Date: p ?J , /CD. [ a. D9$ Deputy
Seal of the Court
07511-11
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
WEST SHORT ANESTHESIA ASSOC.
P. O. BOX 1050
CAMP HILL, PA 170011050
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical and billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
consultation, diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-59,2380 0 7 5 1 1- 1, 1 1
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
S on be lf. f %
` Gli?
E RICCA, ES
At orney for DEFEND J
DE11-599128 0 7 5 1 1- L 1 2
C O M M O N W E A L T H OF P E NN S Y L V'AN T A
COUNTY OF CUMBERLANrD
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
[ Note: see enclosed list of locations ]
41009.21
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
TERM,
CASE NO: 05-4740
) PRODUCE DOCUMENTS
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE IKCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1- C 0 1
>>> LOCATION LIST <<<
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J_ ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS 6 BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. may'-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for SEIDLE MEMORIAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.- 1601 Market Street- Suite 800 Philadelphia- PA 19103
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right
to seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JOSEPH RICCHEZZA. ESO.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA- PA 1910
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
GEC t 2 2005
Date: l LJ 11S-4 ozn?
Seal of the Court
BY THE CO r:
Prothono /Clcr ivi n
'
ryDeputy
m511_1?
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SEIDLE MEMORIAL HOSPITAL
PINNACLE HEALTH SYSTEM
120 S. FILBERT ST.
MECHANICSBURG, PA 17055
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical billing file including but not limited to any and alf
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, muse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, tests, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic forme,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested. up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security At: 209-58-3912
Date of Birth: 02-09-1975
SU10-552382 0 7 5 1 1- L 1 2
>>> LOCATION LIST <<<
RECORDS
PAGE: 1
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS 6 BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-31.8061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY. ET AL
vs.
File No. - 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for SEIDLE MEMORIAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Group. Inc.- 1601 Market 9=et, it 800, Philad lphia 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: JOSEPH RICCHEZZA. ESO.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA. PA 1910
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE qePT:
Protho otary/Cle i in
DEC Date: , A) Q[? . 15 / ae/ & Deputy
Seal of the Court
07511-13
EXPLANATION OF REQUIItED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SEIDLE MEMORIAL HOSPITAL
PINNACLE HEALTH SYSTEM
120 S. FILBERT ST.
MECHANICSBURG, PA 17055
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
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: TRICIA CURRY
1441 APPLE CIRCLE, MF,CHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-592384 0 7 5 1 1- L 1 3
>>> LOCATION LIST <<<
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS R XRAYS
MEDICAL RECORDS 6 HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-31R061 0 7 5 1 1- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. _0,?-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for BLUE MOUNTAIN ANESTHESIA
(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 Grouo 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: JOSEPH RICCHEZZA. ESO.
ADDRESS: 1700 MARKET STREET
SUITE PHILADELPHIA. PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE T CT-
r
Prothon tarylCler Divis? n
NC t 2 ?r n5
Deputy
Date: ?. De'>&S
Seal of the Court
07511-14
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
BLUE MOUNTAIN ANESTHESIA
P. O. BOX 947
CHAMBERSBURG, PA 17201
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical and billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
consultation, diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security N: 209-58-3912
Date of Birth: 02-09-1975
SU10-592386 0 7 S 1 1- L 1 4
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
A on be l' of
l
H RICCHEZZA,
At orney for DEFENDANT
DE11-599131 0 7 5 1 1- 1, 1 5
C O M M O N W E A L T H OF P E NN S Y L STAN T .A
COUNTY OF C UM B E R L AN ID
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
NT TO SERVE A
FOR
TERM,
CASE NO: 05-4740
PRODUCE DOCONI@ITS AND
RULE 4009.21
[ Note: see enclosed list of locations ]
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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 dar 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 07-51J--COI-
>>> LOCATION LIST <<<
LOCATION NAME
RECORDS
PAGE: 1
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS k BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS 6 BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-310061 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA_
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. - 0.5-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 400922
TO: Custodian of Records for WILLIAM J A BRIGHT IV M.D.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS 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: JOSEPH RICCHEZZA. ESO.
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA. PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
utL '1 2 ?115
BY THE C UR'F:
Prothon tary /Clerk; t it 4Div on
p ` Deputy
Date: _yCX 2 . / ST ?6z?S
Seal of the Court
07511-15
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
WILLIAM J. ALBRIGHT, IV, M.D.
533 2ND STREET
HIGHSPIRE, PA 17034
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
INCLUDING ANY AND ALL DIAGNOSTIC FILMS.
Entire medical, billing, and diagnostic file, including but not limited to
any and all records, correspondence to and from the consulting and/or ftatmg
physicians, files, memoranda, handwritten notes, history and physical reports,
medicationlprescription records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, caze or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security f!: 209-58-3912
Date of Birth: 02-09-1975
SUIO-592388 0 7 S 1 1- L 1 5
C O M M O N W E A L T H OF P E NN S Y L VAN 1 :-AL
COUNTY OF CUMBER LAN D
IN THE MATTER OF: COJRT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
'E OF INTMT TO
'PERM,
CASE NO: 05-4740
ENA TO PRODUCE DOCUMffi9TS AND
[ Note: see enclosed list of locations ]
4D09.21
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1- C O 1
>>> LOCATION LIST <<<
NAME
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
PAGE: 1
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILLI19G
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-318061 0 7 5 1 1-C:0 1
COMMONWEALTH OF PENNSYLVANIA..
COUNTY OF CUMBERLAND
TRICIA CURRY. ET AL
vs.
File No. 0 -4740
OXFORD MANOR APARTMENT ASSOCIATES
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for GIANT PHARMACY
(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- it 800 P 'lad Iphia 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: JOSEPH RICCHEZZA. ESO
ADDRESS: 1700 MARKET SMEET
SUITE 3110
PHILADELPHIA. PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE C URT:
Prothon tary/Cle 7 Divisi
Date: (, s Deputy
o2
Seal of the Court
07511-16
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
GIANT PHARMACY
130 OLD YORK ROAD
NEW CUMBERLAND, PA 17070
RE: 7511
TRICIA CURRY
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 prescription and/or pharmaceutical file, including but not limited to
any and all records, reports, correspondence, memoranda, complete history and
payment records, 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 : TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-592390 0 7 5 1 1- L 1 G
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 12/12/2005
MC on be If f
/OS RSCCCHHE,ZZA, E
At orney for DEFENDANT
DE11-599133 0 7 5 1 1- 1, 1 7
C O M M O N W E A L T H OF P E NN S Y L t7AN T A
C OUNT Y OF C UMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
NT TO SERVE A
FOR
'PERM,
CASE NO: 05-4740
PRODUCE DOCUMENTS AND
RULE 4D09.
[ Note: see enclosed list of locations )
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 11/21/2005
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-318061 0 7 5 1 1- C O 1
>>> LOCATION LIST <<<
NAME
RECORDS
PAGE: 1
JAMES L. WHARTON, D.C.
SHEPHERDSTOWN FAMILY PRACTICE
HERSHEY MEDICAL CENTER
HERSHEY MEDICAL CENTER
ORTHOPAEDIC INSTITUTE OF PA
PINNACLE HEALTH PHYSICAL THER
TRISTIAN ASSOCIATES
APPALACHIAN ORTHOPEDIC CENTER
MESSIAH VILLAGE
DRAYER PHYSICAL THERAPY
WEST SHORT ANESTHESIA ASSOC.
SEIDLE MEMORIAL HOSPITAL
SEIDLE MEMORIAL HOSPITAL
BLUE MOUNTAIN ANESTHESIA
WILLIAM J. ALBRIGHT, IV, M.D.
GIANT PHARMACY
RITE-AID CORPORATION
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & XRAYS
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS ?r BILLING
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL, BILLING, AND X-RAY(S)
EMPLOYMENT
MEDICAL RECORDS & BILLING
MEDICAL RECORDS 6 BILLING
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & BILL114G
MEDICAL, BILLING, AND X-RAY(S)
PRESCRIPTION/PHARMACEUTICAL RECORDS
PRESCRIPTION/PHARMACEUTICAL RECORDS
DE02-3113061 0 7 5 1 1-C70 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for RITE-AID CORPORATION
(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 Croup 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: JOSEPH RICCHEZZA ES
ADDRESS: 1700 MARKET STREET
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COUR4CN4visi
ProthoDR17 t 2 2005
n A\ Deputy
Date: ,/( Xyt?. ?Sy 26??'s
Seal of the Court
07511-17
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
RITE-AID CORPORATION
P. O. BOX 3165
HARRISBURG, PA 17105
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
FOR RITE-AID PHARMACY AT: 330 CUMBERLAND PARKWAY, MECHANICSBURG, PA,
17055.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers. _
Entire prescription and/or pharmaceutical file, including but not limited to
any and all records, reports, correspondence, memoranda, complete history and
payment records, 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: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security /{: 209-58-3912
Date of Birth: 02-09-1975
SU10-592392 0 7 5 1 1- 1, 1 7
?_
r _?
:,
?.;
?.:,
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
ORIGINAL
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
_VS_
OXFORD MANOR APARTMENT ASSOCIATES
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 03/01/2006
MC c, behalf of
WttEZ?S£
Attorney for DEFENDANT
DE11-612543 0 7 5 1 1- 1, 1 8
COMMONWEALTH OF P E MM S Y L VAN 2 A
COUNTY OF CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH R. MOOLA, M.D.
INSURANCE
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COU14SEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 7 5 1 1- C 0 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HEALTH AMERICA
(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, to ether
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: JOSEPH RICCHEZZA. ES
ADDRESS: 1700 MARKET STREET
PHILADELPHIA. PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAR 0 1 2006
Date: WLU?w
UG DD
Seal of the Court
BY TIjF COLJRT-
Prothonotary/CIerk, Civil vision
Deputy
07511-1R
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HEALTH AMERICA
PO BOX 8088
STATE COLLEGE, PA 168038088
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
GROUP NO.: 1091640001- TRICIA CURRY
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all insurance records and PIP files, including but not limited to
medical reports and/or records, claims, any and all correspondence,
documentation supporting plaintiff s claim, payments including dates of
payments, payee and reasons for payments, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
pertaining to:
Dates Requested: up to and including the present.
Subject : TRICIA CARRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
Date of Loss: 02/12/2004
SU10-604884 0 75 1 1- L 1 8
CERTIFICATE 1A1
611 t ; ; ,„, Y a ua V'+
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 03/01/2006
?/
M[Qg on behalf /of
3 EP CCHEZZA, L? Q
Attorney for DEFENDANT
DE11-61254.4 0 7 5 1 1- - 1, 1 9
COMMONWEALTH OP
P E NN S Y L VAN S A
COUNTY OF, CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUbIMTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH K. MOOLA, M.D.
INSURANCE
MEDICAL RECORDS & HOSPITAL BELL
X-RAY ONLY
MEDICAL RECORDS & HOSPITAL BELL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
TO: N. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 7-5 1 1- C70 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HARRISBURG HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Groun 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: JOSEPH RICCHEZZA. ES
ADDRESS: 1700 MARKET STRFFT
PHILADELPHIA, PA 1910
TELEPHONE: A2I5) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAR 0 1 2006
Date: 17-IaQhw? /X
Seal of the Court
BY T COURT:
Pr honotaryIC e, Civil ivision
Deputy
07511-19
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG HOSPITAL
111 S. FRONT STREET
HARRISBURG, PA 17101
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, mirse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, tests, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject : TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-55-3912
Date of Birth: 02-09-1975
SU10-604886 0 7 5 1 1- L 1 9
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
ORGNAL
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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 -he subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 03/01/2006
/M/E on behalf of
! -
Attorney for DEFENDANT
DE11-612545 0 7 5 1 1- 1, 2 0
C O M M O N W E AL T H op P E NN S Y L VAN 2 A
COUNTY OP CUMBER LAND
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH R. MOOLA, M.D.
INSURANCE
MEDICAL RECORDS & HOSPITAL BELL
X-RAY ONLY
MEDICAL RECORDS k HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 7 5 1 1- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY. ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for HARRISBURG HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS GE= 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: JOSEPH RICCHEZZA. ES
ADDRESS: 1700 MARKET STRFFT
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAR 0 1 Zoos
Date: t}41 (P . aQ?f
Seal of the Court
BY T COURT:
Pr onotary/C erk, Civil vision
Deputy
07511-20
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG HOSPITAL
111 S. FRONT STREET
HARRISBURG, PA 17101
RE: 7511
TRICIA CURRY
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: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBDR.G, PA
Social Security A 209-58-3912
Date of Bath: 02-09-1975
SU10-604888 0 7 5 1 1- L 2 0
OR GIrAAL
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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.
behalf of
/ "Pwf22if
DATE: 03/01/2006 /
ttorney for DEFENDANT
DE11-612546 0 7 5 1 1- 1, 2 1
COMMONWEALTH OF, P E NN S Y LVAN 2 A
COUNTY OF, CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TEEM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH R. MOOLA, M.D.
INSURANCE
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS 6 BILLING
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUHSBL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
Any questions regarding this matter, contact
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 75 1 1-CO 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY. ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for CARLISLE HOSPITAL PAIN CLINIC
(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: JOSEPH RICCHEZZA. ES
ADDRESS: 1700 MARKET STRFFT
PHILADELPHIA. PA 1910
TELEPHONE: (')151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
961 MAR 0 1 2006
Date: a?+l ?o. 010{)'6
Seal of the Court
BY TH ,-f OURT:
Pro onotarylCi r Civil D' ision
Deputy
07511-21
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL PAIN CLINIC
C/O CARLISLE HOSPITAL
246 PARKER STREET
CARLISLE, PA 17013
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire hospital medical billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all patient consent or refusal of treatment, procedures, tests, and/or
medication, lab and diagnostic test results, including any and all such items
as may be stored in a computer database or otherwise in electronic form,
relating to any examination, consultation, diagnosis, care, treatment,
admission, discharge, or emergency care pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-604890 07511-L21
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
_VS_
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 03(01/2006
MMjS on behalf of
Attorney for DEFENDANT
DEll-612541 0 7 5 1 1- L 2 2
C O M M O N W E AL T H OF P E MW S Y LVA.N 2 A
COUN'T'Y' OF CUMBER LAN o
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-v5- CASE N0: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH K. MOOLA, M.D.
INSURANCE
MEDICAL RECORDS fi HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS fi HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS 6 BILLING
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 7 5 1 1- C O 3-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
vs.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for CARLISLE HOSPITAL PAIN CLINIC
(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 Groun 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: JOSEPH RICCHEZZA. ESO
ADDRESS: 1700 MARKET STREET
SUITE 3110
PHILADELPHIA. PA 1910
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAR 0 1 2006
Date: ?ta11? a aC
Seal of the Court
BY TTACOURTL
Pr onotary/Cler1 rv 1 vision
Deputy
A7 ';I t_'))
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL PAIN CLINIC
C/O CARLISLE HOSPITAL
246 PARKER STREET
CARLISLE, PA 17013
RE: 7511
TRICIA CURRY
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: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SUIO-604892 0 7 5 1 1-r,2 2
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
-VS-
OXFORD MANOR APARTMENT ASSOCIATES
01GI&
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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.
S on behal?f(/ of
'I 'I
DATE: 03/01/2006 i 3 CCHEZ/A4?e ` --
Attorney for DEFENDANT
DE11412548 07511-1, 23
P E NN S Y LVAN I A
C O M M O N W E AL T H OF
COUNTY OF CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
TRICIA CURRY, ET AL TERM,
-VS- CASE NO: 05-4740
OXFORD MANOR APARTMENT ASSOCIATES
NOTICE OF INTENT TO SERVE
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH R. MOOLA, M.D.
40
INSURANCE
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS & BILLING
TO: W. SCOTT HENNING, ESQ., PLAINTIFF COONS - EL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 75 1 1- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
VS.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for DR SCOTT MUELLER
(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 Grout 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: JOSEPH RICCHEZZA. ES
ADDRESS: 1700 MARKET STRE.F.T
TELEPHONE: 01246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAR 0 1 ?006
Date: H?^q (r a06(0
Seal of the Court
BY TH?OURT:
Pro onotary/Clef Civil D ision
Deputy
n'7ctt 71
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. SCOTT MUELLER
2025 TECHNOLOGY PARKWAY
SUITE 205
MECHANICSBURG, PA 17050
RE: 7511
TRICIA CURRY
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/prescr. til records, medical billing and payment records, x-ray
films and tests with subsequent reports, including any and all such items as
may be stored in a computer database or otherwise in electronic form, relating
to any examination, consultation, diagnosis, care or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-604894 0 7 5 1 1- L 23
¢ /n x, 4
0 f? 1v
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
TRICIA CURRY, ET AL
_VS_
OXFORD MANOR APARTMENT ASSOCIATES
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 05-4740
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JOSEPH RICCHEZZA, 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: 03/01/2006
on behalf of
;&9&
Attorney for DEFENDANT
DE11-6125!19 0 7 5 1 1- 1,2 4
C O M M O NW E AL T H OH P E WW S Y LVAN 2 A
COUNT Y O EP CUMBER LAN D
IN THE MATTER OF:
TRICIA CURRY, ET AL
-v5-
OXFORD MANOR APARTMENT ASSOCIATES
HEALTH AMERICA
HARRISBURG HOSPITAL
HARRISBURG HOSPITAL
CARLISLE HOSPITAL PAIN CLINIC
CARLISLE HOSPITAL PAIN CLINIC
DR. SCOTT MUELLER
JAGADEESH R. MOOLA, M.D.
COURT OF COMMON PLEAS
TERM,
CASE NO: 05-4740
A SUBPOENA TO PRODUCE D0004ENTS AMID
RV PiIRSiIANT TO RULE 4009.21
INSURANCE
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL RECORDS & HOSPITAL BILL
X-RAY ONLY
MEDICAL, BILLING, AND X-RAY(S)
MEDICAL RECORDS 6 BILLING
TO: N. SCOTT HENNING, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JOSEPH RICCHEZZA, 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: 02/09/2006
CC: JOSEPH RICCHEZZA, ESQ. - 100608
MCS on behalf of
JOSEPH RICCHEZZA, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-324352 0 7 5 1 1- CO 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TRICIA CURRY, ET AL
VS.
OXFORD MANOR APARTMENT ASSOCIATES
File No. 05-4740
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for JA H K MOOLA M.D.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things: **** SEE ATTACHED RIDER ****
at The MCS Croup 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: JOSEPH RICCHEZZA. ES
ADDRESS: 1700 MARKET STREET
PHILADELPHIA. PA 19103
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
MAR 0 1 2006
Date: =? l C900b
Seal of the Court
BY T OURT:
Pr onota yj r , ivil Di Sion
Deputy
07511-24
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
JAGADEESH K. MOOLA, M.D.
890 POPLAR CHURCH ROAD
STE. 409
CAMP HILL, PA 17011
RE: 7511
TRICIA CURRY
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Entire medical and billing file including but not limited to any and all
records, correspondence to and from the consulting and/or treating physicians,
files, memoranda, handwritten notes, history and physical reports, medication/
prescription records, including any and all such items as may be stored in a
computer database or otherwise in electronic form, relating to any examination,
consultation, diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject: TRICIA CURRY
1441 APPLE CIRCLE, MECHANICSBURG, PA
Social Security #: 209-58-3912
Date of Birth: 02-09-1975
SU10-604896 0 7 5 1 1- L 2 4
?
;
,?
?,
Tricia L. Curry & Richard Curry
vs Case No. 05-4740
Oxford Manor Apartment Associates, LP, et al
Statement of Intention to Proceed
To the Court:
Tricia and Richard Curry intends to proceed with the a ve aptioned matter.
Print Name W. Scott Henning Sign Name
Date: 10/23/2009 Attorneyfor Plaintiff
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to' proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
MIX,
.0
W. Scott Henning, Esquire
I.D.#32298 t f f ? {?; f
HANDLER, HENNING & ROSENBERG, LLP At I/: 1300 Linglestown Road
.r r?7{yD ? ?
Harrisburg, PA 17110 ?'E?? the D GU,%,rj
Telephone: (717) 238-2000 Attorney for Plaintiffs
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.commailto:Hennina@HHRWw.com
TRICIA L. CURRY, and : IN THE COURT OF COMMON PLEAS
RICHARD CURRY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. No:
OXFORD MANOR APARTMENT
ASSOCIATES, L.P., a Pennsylvania
Limited Partnership, and BERGEN
MULTIFAMILY 11, INC., General
Partner of Oxford Manor Apartment
Associates, L.P.,
TO THE PROTHONOTARY:
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
PRAECIPE
Please mark the Docket in the above captioned matter as Settled, Discontinued and
Satisfied.
Respectfully submitted,
(717)238-2000
Dated: Attorney for Plaintiff
HANDLER, HENNING
By:
W. Scott Henn g
Supreme Cou IDt /2298
1300 Linglesto RHarrisburg, PA 1711