HomeMy WebLinkAbout02-1183SCOTT R. MARTIN
635 Gap Road
LEWISBERRY, PA 17339
Plaintiffs
v
DENISE S. CUTHBERTSON
95 SAM SNEED CIRCLE
ETTERS, PA 17319
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - LAW
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
KINDLY ISSUE A WRIT OF SUMMONS IN THE
ON BEHALF OF PLAINTIFF AND AGAINST ABOVE-
Richard C. Rupp, Esduire
Supreme Court ID NO. 348;
RUPP & MEIKLE
355 N. 215} Street, Suite 205
Camp Hill, PA 17011
(717)761-3459
ACTION
Date: March 8, 2002
c
Z rr-;
0
N
t
CA
N
T,
Commonwealth of Pennsylvania
County of Cumberland
WRIT OF SUMMONS
SCOTT R. MARTIN,
Plaintiff
Vs.
DENISE S. CUTHBERTSON
95 SAM SNEED CIRCLE
ETTERS, PA 17319,
Defendant
Court of Common Pleas
No. 02-1183 CIVIL TERM
In CivilAction-Law
To DENISE S. CUTHBERTSON
You are hereby notified that SCOTT R. MARTIN, the Plaintiff has / have
commenced an action in Civil Action-Law against you which you are required to defend
or a default judgment may be entered against you.
(SEAL)
CURTIS R. LONG
Prothonotary
Date MARCH 8, 2002 ?ax -,
Deputy
ATTORNEY
Name: RICHARD C. RUPP, ESQUIRE
Address: RUPP & MEIKLE
355 N. 21ST STREET, SUITE 205
CAMP HILL, PA 17011
Attorney for: Plaintiff
Telephone: 717-761-3459
Supreme Court ID No. 34832
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01183 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MARTIN SCOTT R
VS
CUTHBERTSON DENISE S
R. Thomas Kli
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
CUTHBERTSON DENISE S
but was unable to locate Her
deputized the sheriff of YORK
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On April 11th , 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 31.68
.00
68.68
04/11/2002
RUPP & MEIKLE
So answer
R. (Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this A," day of
apao2. A. D.
Prothonota y
to wit:
in his bailiwick. He therefore
COUNTY OF YORK
_ OFFICE OF THE SHERIFF S( 1717 1 9 01L
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY UNE 1 TIRU 12
DO NOT WrMM ANY COMS
1. PLAINTIFF/S/
3.
R. Martin
Denise S. Cuthbertson
2.
COURT NUMBER
02-1183 civil
TYPE OF WRIT OR COMPLAINT
Writ of Summons
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SULU.
Denise S. Cuthbertson
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
AT 95 Sam Sneed Circle tters, PA 17319
7 INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE DEPUTIZE M ? I'lind O 1ST CLASS MAIL 17 POSTED ? OTHER
NOW March 28 20 02 I, SHERIFF OF41111111M COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute t?6Fite?}d?ke return th? cording
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF OUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: r an
Please serve by April 7, 2002.
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 1/011 10. TELEPHONE NUMBER Ill. DATE FILED
RICHARD C. RUPP, ESQ., 355 N. 21ST ST., STE. 205, CAMP HILL, PA 1(717) 761-3459 3/8/02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND COUNTY SHERIFF
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. J. LUDWIG 3/28/02 4/7/42
16 HOW SERVED: PERSONAL (A RESIDENCE ?) POSTED( ) POE( ) SHERIFF'S OFFICE( ) OTHER( ) SEE REMARKS BELOW
17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.)
18. N AND TITLE OF INDI\ DU ERV D / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. to Serv ice ice
20. Time of SS
X r 9 ) y / j
1,530 U30
21. ATTEMPTSI , to 4A
Jme Miles Int. W
Date Tme Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int.
4)
/`r33. Advance Costs 24. Service Costs 25. WF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Du r Refund
32
43 Check No.
?
75.00 18.00 11.68 29.68 2.00 31.68 . .
'X. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund
90
! SWERS
ubsc'
41. AFFIRMED M
YY KK
1
41
44. Signature of
q5.
y of
42. da De Sheriff
P
TARY
of York or,
t'it Signature of Y 47. DATE
' -
y
='O" Coun Sheriff
WILLIAM M. HOSE ,7 -
4-8-02
48. Signature of Foreign 49. DATE
County Sheriff
,50.i KNOWLEDGE RECEIPT OF THE SHERIFFS RE SIGNATURE 51. DATE RECEIVED
AUTHORIZED ISSUING AUTHORITY AND TITL
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office
s
Z Wd SZ VW?•°
COUNTY'Of YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717)771.9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1.
Scott R. Martin
VL-110J 41y 1i
'PE OF WRIT OR COMPLAINT
Writ of summons
OR St,
3. DEFENDANT/S/
Denise S. Cuthbertson
SERVE
AT
' 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED,
Denise S. Cuthbertson
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
95 Sam.S eed Circle tters, PA 17319
? 1ST CLASS MAIL ? POSTED ?OTHER
7. INDICATE SERVICE: ? PERSONAL ? PER ON IN CHARGE DEPUTIZE
NOW March 28 20 02 I, SHERIFF OF4%M COUNTY, PA, hereby deputi e e sheriff of
York COUNTY to execute-_- I ak r rn rding
to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY
r
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
Please serve by April 7, 2002.
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
1PE a w f hfnd in possessionafter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
or aNAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 1701 Z. 10. TELEPHONE NUMBER 11. DATE FILED
RICHARD C. RUPP, ESQ., 355 N. 21ST ST., STE. 205,, 0 `I1ILL, PA (717) 761-3459 3/8/02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND COUNTY SHERIFF
_ .?.?W'w?• Tu.G. I I?IG
*rAilor D1....9 ram .vim v. .....+..?...._.. - - ---- -
14. DATE RECEIVED
15. Expiration/Hearing Date
13. 1 acknowledge receipt of the writ
/28/02
4/7/02
or complaint as indicated above J LUDWIG
HOW SERVED: PERSONAL
16
POSTED ( ) POE{ ) SHERIFFS OFFICE ( )
) RESIDENCE a)
OTHER ( )
SEE REMARKS BELOW
.
,
and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.)
certif
eb
? I h
17
f S i
y
er
y
. ERVED /LS T ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. to Servi ce
ce 20. Time o
18. N AND TITLE OF INDI IDU y G ? G a r
Date Time Miles Int. Date Time Miles Int. Date T
e Miles Int
T
Dat me Miles Int. Date. Time Miles Int.
21. ATT M to ime ile .
im
e
,(nt.
22. REMARKS:
C7 62,
v
Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound
3
30. Notary 31. Surchg: 32. Tot. Costs
33. Costs Due or Refund Check No. '
5
.
00 18.00 11.68
75 29.68 2.00 31.68 43.32
,
. Foreign County Costs 35. Advance . Costs 36. Service Costs
? 37. Notary Cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund
°
...'
$
I SWERS
AT
5
m
a
this F
41. AFFIRMED and subscribed to before 44, Signature of ._, 4
.
7
/
{t APRIL;.
3.
y of 20?S 4
42 Dep. Sheriff
- ?" 47: ATE
-
.
PRO Y / N ARY Signature of Y
County Sheriff -
/ 48. Signature of Foreign 49. DATE
? - 4- / ?.i County Sheriff
51. DATE RECEIVED
NOWLEDGE RECEIPT OF THE SHERIFF's RE SIGNAT
50. I URE
AUTHORIZED ISSUING AUTHORITY AND TITL
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheri ffs Office 4. BLUE - Sheriffs Office -
INSTRUCTIONS
PLEASE TYPE ONLY LINE 1 THRU 12
DO NOT DETACH ANY COPIES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff
NO. 02-1183 CIVIL TERM
V.
DENISE S. CUTHBERTSON,
Defendant
TO THE PROTHONOTARY:
CIVIL ACTION - LAW
Please enter my appearance on behalf of the Defendant, Denise S. Cuthbertson, in the
above-captioned matter.
BY:
MARSHALL, gepMHEY, WARNER,
COLEMAN G GGW
MATTREIN L?CkjzNS,-rj?M_
I.D. No. 76080
4200 Crum Mills Road, Suite B
Harrisburg, PA 17112
(717) 651-3501
Attorneys for the Defendant
DATE: 4'I l Y I OZ
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V.
CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
I, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this JUT" day of April, 2002, I served a copy of the foregoing documents
via First Class United States mail, postage prepaid as follows:
Richard C. Rupp, Esquire
RUPP & MEIKLE
355 N. 21st Street, Suite 205
Camp Hill, PA 17011
,X ,
Angela anger
C no
-Dull
zr
co L --I C.,j
z ra
m ?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
AND NOW, this day of V' 2002, upon consideration of the
foregoing Praecipe, Plaintiff is hereby ordered to file his Complaint within twenty (20) days
hereof or suffer judgment of non 12145.
BY THE PROTHONOTARY:
$y9
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff
NO. 02-1183 CIVIL TERM
V.
DENISE S. CUTHBERTSON,
Defendant
CIVIL ACTION - LAW
PRAECIPE FOR A RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Kindly issue a Rule directing Plaintiff to file a Complaint in the above-referenced matter
within twenty (20) days of service thereof or risk a judgment of non pio.
BY:
DATE: 41161 oz.
MARSHALL, DENNEHEY, WARNER,
COLEMAN B aGGIN
I.D. No. 76080
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3501
Attorneys for the Defendant
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
I, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this _V?day of April, 2002, I served a copy of the foregoing documents
via First Class United States mail, postage prepaid as follows:
Richard C. Rupp, Esquire
RUPP & MEIKLE
355 N. 21st Street, Suite 205
Camp Hill, PA 17011
get
Angela s
o
rv
u'
m
_
70
?
t_ ,,
•-
U?=
Co .
?
v
T
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
TYPE OF PLEADING:
PRAECIPE FOR WITHDRAWAL OF
APPEARANCE
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I. D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.:
SCOTT R. MARTIN : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
:PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
DENISE S. CUTHBERTSON
Defendant : NO. .02-1183 CIVIL TERM
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
KINDLY WITHDRAW APPEARANCE OF RICHARD C. RUPP, ESQUIRE, AND
RUPP AND MEIKLE FOR THE ABOVE-NAMED PLAINTIFF, SCOTT R. MARTIN, IN THE
ABOVE-CAPTIONED MATTER.
RUPP_AKD MEIKLE
Date: April 18, 2002
By: l / "
Richard C.. Rupp, EsquiAe rSupreme Court ID No. 34832
355 North 21 st Street, Suite 205
Camp Hill, PA 17011
(717) 761-3459
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Jerome W. Kiger, Esquire, do hereby certify that a true and correct copy of the
within PRAECIPE FOR WITHDRAWAL OF APPEARANCE has been mailed by U.S. Mail,
first class, postage prepaid this 30th day of April 2002 to the following:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner, Coleman & Goggin
4200 Crums Mills Road, Suite B
Harrisburg, PA 17112
J
JEROME W. KIGERQUIRE
KIGER & ALPERN
1404 GRANT BUIL G
PITTSBURGH, PA 15219
(412) 765-1811
C) r-7 n
c? rv -n
-
?? ! ` ?
? j
--
?...:
I'??
?
, :'
rn.-
c.? ?;
r- c.: ?,
1?'L
? 1J ?.)'n
. _.?
-? `"? ":7
-•, • J -G
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
TYPE OF PLEADING:
PRAECIPE FOR APPEARANCE
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
TO: PROTHONOTARY
No. 02-1183 CIVIL TERM
PRAECIPE FOR APPEARANCE
Kindly enter my appearance on behalf of the Plaintiff.
J
JEROME W. KIGER, ESC IRE
PA I.D.# 15951 U
KIGER & ALPERN
1404 GRANT BUILDING
PITTSBURGH, PA 15219
(412) 765-1811
CERTIFICATE OF SERVICE
I, Jerome W. Kiger, Esquire, do hereby certify that a true and correct copy of the
within PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail, first class, postage
prepaid this 30th day of April 2002 to the following:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner, Coleman & Goggin
4200 Crums Mills Road, Suite B
Harrisburg, PA 17112
?3
JEROME W. KIGER,OQUIRE
KIGER & ALPERN
1404 GRANT BUILDING
PITTSBURGH, PA 15219
(412) 765-1811
C-? i
C. ?> -?w
": ,. _{
~
% f ? _l
C??
- ??? 4
)?
,_?
? i =_
? ,?
`
7
-? J {
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
No. 02-1183 CIVIL TERM
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
NOTICE OF SERVICE OF PLAINTIFF'S
FIRST SET OF INTERROGATORIES AND
REQUEST FOR PRODUCTION
DIRECTED TO DEFENDANT
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
NOTICE OF SERVICE OF PLAINTIFF'S FIRST SET OF INTERROGATORIES AND
FIRST REQUEST FOR PRODUCTION OF
DOCUMENTS DIRECTED TO DEFENDANT
To: Prothonotary
I hereby certify that on G1 , 2002 Plaintiffs First Set of Interrogatories and First
Request for Production of Documents were served on the Defendant Denise Cuthbertson by U.S.
First Class Mail, postage prepaid, to the following:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
KIGER & ALPERN
--??
JEROME W. KIGER, ESQUIRE
AMY B. KUBISIAK, ESQUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the within
Plaintiff's Notice of Service was served to the following via U.S. First Class Mail, Postage Prepaid
thi day of I D 4 , 2002:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEY FOR PLAINTIFF
0
c. CD
f -)
-)'1
s
ryZ? t7;
co
-<.-'
(
3
(.J -G
i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I. D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
NOTICE TO DEFEND
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 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 claim or property or other rights
important.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
COMPLAINT IN CIVIL ACTION
Plaintiff, Scott R. Martin, by his attorneys, Jerome W. Kiger, Esquire, Amy B.
Kubisiak, Esquire and Kiger & Alpern, Esquires makes the following Complaint against
the Defendant:
1. Plaintiff, Scott R. Martin, is an adult individual residing at 635 Gap Road
Lewisbeny, PA 17339-9336.
2. Defendant, Denise Cuthbertson, is an adult individual residing at 95 Sam
Sneed Circle, Etters, PA 17319.
3. At all times material hereto, Plaintiff, Scott R. Martin, was a pedestrian that
was struck by a vehicle owned and operated by Defendant.
4. At all times material hereto, Defendant was the owner of a 1997 Honda
Accord, Pennsylvania registration plate number AGC 7640, VIN number 51282980101,
(hereinafter referred to as "Defendant" vehicle). The Defendant vehicle was then and
there being operated by the Defendant with the knowledge, consent and permission of
the owners of the vehicle.
5. Bridge Street, also known as State Route 2035, is a public roadway running
generally in a north-south direction running through the town of New Cumberland,
Pennsylvania. 3`d Avenue is a public roadway running generally in an east-west direction,
which intersects with Bridge Street.
6. On or about March 11, 2000, at approximately 6:30 p.m., Defendant was
traveling south on Bridge Street in the left lane closer to the double yellow line, when she
struck the Plaintiff, Scott R. Martin, a pedestrian, as he was proceeding in a westerly
direction across Bridge Street in a marked crosswalk at its intersection with 3rd Avenue.
7. The injuries and damages set forth herein were the direct and proximate
result of the negligence of the Defendant, generally, and in the following respects:
a. In operating said vehicle at a high, dangerous and reckless speed under the
circumstances;
b. In failing to keep said vehicle under proper control under the circumstances;
C. In operating said vehicle in an erratic manner;
d. In failing to operate said vehicle with proper caution;
e. In failing to maintain a proper lookout for plaintiff upon the roadway
attempting to cross the street in the marked crosswalk;
f. In failing to approach an intersection with due regard for the safety
of others, including plaintiff,
g. In continuing to operate said vehicle in a direction toward the Plaintiff when
Defendant saw or in the exercise of reasonable care should have seen that
further operation of the vehicle in that direction would cause the vehicle to
strike Plaintiff;
h. In failing to operate the brakes in such a manner that said vehicle could be
stopped before striking the Plaintiff;
In failing to observe with reasonable care the location of Plaintiff;
j. In being inattentive and failing to maintain a proper lookout of the road and
surrounding area;
k. In failing to sound a horn or give other warning to Plaintiff as Defendant was
operating said vehicle;
1. In failing to keep and maintain said vehicle in proper mechanical condition;
M. In failing to properly inspect said vehicle to determine any mechanical
defects;
n. In the alternative, in continuing to operate said vehicle on a public roadway
in disregard of the safety of other persons, such as the Plaintiff, when
Defendant knew or in the exercise of reasonable care should have known,
that said vehicle had a mechanical problem or problems which could result
in an accident and of not ceasing the use of said vehicle until a person or
persons qualified to do so inspected said vehicle for mechanical defects
and remedied same, if any;
o. In failing to observe the care and caution required under the circumstances;
P. In violating the ordinances of New Cumberland, the County of Cumberland
and the Motor Vehicle Code of the Commonwealth of Pennsylvania,
including but not limited to:
(1) 75 Pa. C.S.A. Section 3321 by failing to approach an intersection
with due regard for the safety of others;
(2) 75 Pa. C.S.A. Section 3542 by failing to yield the right of way to a
pedestrian within a marked crosswalk;
(3) 75 Pa. C.S.A. Section 3361 by driving a vehicle at a speed greater
than was reasonable and prudent under the circumstances;
(4) 75 Pa. C.S.A. Section 3361 by failing to have due regard for the
actual and potential hazards then and there existing;
(5) 75 Pa. C.S.A. Section 3361 by operating said vehicle at a speed
greater than would permit Defendant to bring said vehicle to a stop
within the assured clear distance;
(6) 75 Pa. C.S.A. Section 3714 by recklessly driving a vehicle in
careless disregard for the safety of persons including the Plaintiff.
q. In otherwise failing to accord Plaintiff the care owed to him under all the
attendant circumstances;
r. In otherwise being negligent and careless, in otherwise acting or failing to
act in connection with the operation, maintenance and use of said vehicle in
such a manner as would cause injury, under the facts and circumstances as
set forth in this Complaint, and as shall appear from the facts of this case,
such facts presently within the knowledge or under the control of the
Defendants or others, and which will be revealed during the course of
discovery and trial in this case, including testimony from Defendant, or
others, and from records, documents, or other writings in Defendant's
possession or produced during discovery or trial.
8. As the result of the negligence of the Defendant as aforesaid, Plaintiff, Scott
R. Martin, sustained the following injuries all of which are, or may be, of a permanent
nature and which are more fully set forth in his medical records and reports:
a. Injuries to the bones, muscles tissues and ligaments of his right knee,
right leg, head, neck, back, kidney, liver, fingers, jaw, spine and other
parts of his body;
b. Injury to right knee;
c. Injury to neck and lower back,
d. Cervical strain/sprain
e. Lumbar strain/sprain;
f. Right knee medial collateral ligament sprain;
g. Internal derangement right knee;
h. Tear of posterior horn of right medial meniscus;
i. Grade IV chondromalacia patellofemoral joint, right knee;
j. Grade II, Grade III degenerative joint disease medial femoral condyle,
right knee;
k. Intrasubstance anterior cruciate ligament tear, right knee;
1. Hiatle hernia;
m. Injured jaw;
n. Injured right ring finger requiring three stitches;
o. Neck and back strain, sprain, limited range of motion;
p. Spondylosis and malalignment at C5-C6 vertebrae;
q. Neural foramina[ narrowing on the left at C4-C5 and C5-C6 vertebrae;
r. Neural foraminal narrowing bilaterally at C3-C4 vertebrae;
s. Frequent headaches, often severe and long-lasting;
t. Abrasions of right kidney and liver;
u. Various contusions, lacerations and/or abrasions;
v. Restricted daily activities;
w. Internal injuries and shock to the nervous system;
x. Permanent injuries, disfigurement and disability;
y. Serious impairment of bodily functions;
z. Other severe and serious injuries as set forth more fully in Plaintiffs
medical records and reports;
aa.In the alternative, if any injury or medical condition is proven to be
preexisting, aggravation of such preexisting injuries or medical
conditions.
9. As the result of these injuries Plaintiff, Scott R. Martin, has sustained the
following damages:
a. He has suffered serious, severe and permanent injuries to his body;
b. He has suffered and will suffer great pain, suffering, inconvenience,
humiliation, embarrassment and mental anguish and loss of the ordinary
pleasures of life and family life;
c. He has been and will be required to expend sums of money for medical
attention, surgeries, hospitalization, braces, crutches, medical supplies,
surgical appliances, medicines and attendant services;
d. His general health, strength and vitality have been impaired and will be
impaired in the future;
e. Loss of income, overtime pay, fringe benefits, including health
insurance, etc., and impairment of future earning capacity;
f. Inability to earn a living in his chosen field for which he attended twelve
years of college incurring substantial student loans which remain
outstanding;
g. Permanent injuries, disfigurement and disability;
h. Other damages to be determined.
WHEREFORE, in consideration of the foregoing, Plaintiff demands judgment
against Defendant in excess of the arbitration limits of this court, at the proper costs and
charges thereto.
JURY TRIAL DEMANDED
60
JEROME W. KIGE SQUIRE
AMY B. KUBISIAK QUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
VERIFICATION
The undersigned, having read the attached Complaint in Civil Action, verifies that
the within Complaint is based on information furnished to counsel, as well as information
gathered by counsel in the course of this lawsuit. The language of the Complaint is that
of counsel and not of the signer. Signer verifies that he has read the within Complaint
and that it is true and correct to the best of the signer's knowledge, information and belief.
To the extent that the contents of the Complaint are that of counsel, I have relied upon
counsel in making this Verification. This Verification is made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsifications to authorities.
Date: MAY 16, 2002 -L: rMRTIN
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the
within Complaint in Civil Action was served to the following via U.S. First Class, postage
prepaid this Cm of 2002:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
ATTORNEYS FOR DEFNENDANT
AM . KUBISIAK, ESQUIRE
KI R & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
r,
?,.. y f
,: ;
< ? - _-, -?
,' - j_
-
?
. i...
' C`.. _1 . _
i.:
`-
°?::; _
}
?- "-.l
•-? w.J U
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
V.
Plaintiff
DENISE S. CUTHBERTSON,
Defendant
NO. 02-1183 CIVIL TERM
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Plaintiff, Scott R. Martin
c/o Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff s
Complaint within twenty (20) days from service hereof or a default judgment may be filed
against you.
DATE:
BY.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
MATTHEW L. OWENS, ESQUIRE
I.D. No. 76080
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3501
Attorneys for the Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
ANSWER OF DEFENDANT DENISE S. CUTHBERTSON.
TO PLAINTIFF'S COMPLAINT
AND NOW, comes Defendant, Denise S. Cuthbertson, by and through the undersigned
counsel, who responds to Plaintiffs Complaint, as follows:
1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to
the truth of the allegations contained in this paragraph and therefore the same are denied with
strict proof thereof required at trial.
2. Admitted in part and denied in part. It is denied that the Plaintiff resides on Sneed
Road, but rather, lives on Sam Snead Circle. The remaining allegations are admitted.
3. Admitted in part and denied in part. It is admitted that Plaintiff, Scott Martin, was
a pedestrian on the night in question. It is further admitted that Defendant, Denise Cuthbertson,
struck Plaintiff Martin as a pedestrian. To the extent that this allegation seeks to plead liability
as against Defendant Cuthbertson, the same allegations are denied with strict proof thereof
required at trial. It is admitted that Denise Cuthbertson owned the vehicle, however, it is denied
18. Plaintiff's claims are barred and/or limited by the applicable provisions of the
Pennsylvania Worker's Compensation Act.
19. all times material hereto, Defendant acted in a safe, legal and non-negligent
manner.
20. Plaintiff's negligent actions were the sole and proximate cause of all alleged
injuries and damages.
21. Plaintiff's Complaint and or claims are barred by his selection of limited tort as
set forth by 75 Pa.C.S.A. §1705.
22. Plaintiffs claims are barred by the doctrine of comparative negligence in that
Plaintiff Scott Martin acted in a negligent manner and inappropriately maneuvered, walked or
ran into an unsafe section of the subject roadway where the accident occurred.
DATE: G JZ6 o 'L
BY:
MARSHALL, D HEY, WARNER,
COLEMAN & 9CVi IN
MATTH$W V. WEKS, ESQUIRE
I.D. No. 76080
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3501
Attorneys for Defendant
\05 A\LIAB\MLO\LLPG\97434\RKN\12180\01695
NO.801 P.2
JUN.26.2002 11:51AM DCED/OFFICE COMM DEV 717/2145416
VERII+'ICATION
The undersigned hereby verifies that the statements in the foregoing Answer with New
Matter are based upon information which has been fiimished to counsel by me and information
which has been gathered by counsel in the preparation of the defense of this lawsuit. The
language of the Answer with New Matter is that of counsel and not my own. I have read the
Answer with New Matter, 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 Answer with New Matter are that of counsel, I have relied upon
my counsel in making this verification, The undersigned also understands that the statements
therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn
falsification to authorities.
DATE.-L. Denise Cuthbamon
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff
NO. 02-1183 CIVIL TERM
V.
DENISE S. CUTHBERTSON,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this Z J'J Iday of June, 2002, I served a copy of the foregoing documents
via First Class United States mail, postage prepaid as follows:
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
a A?
Angela S ger
? F
:
;- c^.
?_ :.-,
ii_
?.., 1 : _
_--
' ?,'?
i _?•
. - J
tit _ _)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN, No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
REPLY TO NEW MATTER
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I. D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
REPLY TO NEW MATTER
Plaintiff, Scott Martin, by his attorneys, Jerome W. Kiger, Esquire, Amy B.
Kubisiak, Esquire and Kiger & Alpern, Esquires files the following Reply to New Matter of
Defendant Denise Cuthbertson:
10. Plaintiff has been advised and therefore avers that the allegations of
paragraph 10 set forth conclusions of law to which no answer is required. If further
answer is required, Plaintiff denies that he violated any statute of limitations. On the
contrary, this action was timely filed and served so as to comply with all applicable
statutes of limitations pertaining to personal injury actions. Proof is demanded.
11. Plaintiff has been advised and therefore avers that the allegations of
paragraph 11 set forth conclusions of law to which no response is required. If further
response is required, Plaintiff avers that the facts and circumstances set forth in Plaintiffs
Complaint, which is incorporated herein by reference, state a cause of action to which
relief may be granted. Proof is demanded.
12. Plaintiff has been advised and therefore avers that the allegations of
Paragraph 12 set forth conclusions of law to which no answer is required. If further
answer is required, Plaintiff avers that his cause of action, rights, and remedies are not
precluded or limited in any way by the terms and provisions of the Pennsylvania Motor
Vehicle Responsibility Act. Proof is demanded.
13. Plaintiff has been advised and therefore avers that the allegations of
paragraph 16 set forth conclusions of law to which no response is required. If further
response is required, the allegations are denied. Proof is demanded. Plaintiff sustained
injuries and damages in the subject accident that were caused by the acts and/or
omissions of the Defendant as set forth in Plaintiffs Complaint, which is incorporated
herein by reference. The Defendant's acts and/or omissions were a substantial and
contributing factor in bringing about the Plaintiffs injuries and damages.
14. Plaintiff has been advised and therefore avers that the allegations of
paragraph 14 set forth conclusions of law to which no answer is required. If further
answer is required, the subject accident was caused by the negligence of Defendant as
set forth in Plaintiffs Complaint, which is incorporated herein by reference. It is denied
that Plaintiffs claims are barred by the actions of himself and/or others over whom
Defendant had no control nor right or control. Proof is demanded.
15. Plaintiff has been advised and therefore avers that the allegations of
paragraph 15 set forth conclusions of law to which no answer is required. If further
answer is required, the allegations are denied. Plaintiffs claims are in no way barred
and/or limited by the doctrine of res judicata and/or collateral estoppel. These doctrines
are not applicable to this case. Proof is demanded.
16. Plaintiff has been advised and therefore avers that the allegations of
paragraph 16 set forth conclusions of law to which no response is required. If further
response is required, the allegations are denied. Plaintiff avers that the Defendant
breached various duties to him as set forth in Plaintiff's Complaint, which is incorporated
herein by reference. Proof is demanded.
17. Plaintiff has been advised and therefore avers, that the allegations of
Paragraph 17 set forth conclusions of law to which no response is required. If further
answer is required, Plaintiff is not barred in whole or in part from recovery in the accident
by reason of contributory and/or comparative negligence and he did not commit any acts
or omissions or other negligence of any type whatsoever so as to cause the subject
accident. Proof is demdanded. On the contrary, the subject accident was caused by the
negligence of Defendant as set forth in Plaintiffs' Complaint, which is incorporated herein
by reference.
18. Plaintiff has been advised and therefore avers that the allegations of
paragraph 18 set forth conclusions of law to which no answer is required. If further
answer is required, the allegations are denied. Plaintiffs claims are in no way barred
and/or limited by the provisions of the Worker's Compensation Act. These provisions are
not applicable to this case. Proof is demanded.
19. Plaintiff has been advised and therefore avers that the allegations of
paragraph 19 set forth conclusions of law to which no answer is required. If further
answer is required, the allegations are denied. Proof is demanded. On the contrary, the
subject accident was caused by the negligence of Defendant as set forth in Plaintiffs'
Complaint, which is incorporated herein by reference.
20. Plaintiff has been advised and therefore avers, that the allegations of
Paragraph 20 set forth conclusions of law to which no response is required. If further
answer is required, Plaintiff did not commit any acts or omissions or other negligence of
any type whatsoever so as to cause the subject accident and his injuries. Proof is
demanded. On the contrary, the subject accident and the Plaintiffs injuries and damages
were caused by the negligence of Defendant as set forth in Plaintiffs' Complaint, which is
incorporated herein by reference.
21. Plaintiff has been advised and therefore avers, that the allegations of
Paragraph 21 set forth conclusions of law to which no response is required. If further
answer is required, Plaintiff is not barred in whole or in part from recovery in the accident
by reason of limited tort as set forth by 75 Pa. C.S.A. §1705. Proof is demanded. To the
contrary, Plaintiff selected the Full Tort option.
22. Plaintiff has been advised and therefore avers, that the allegations of
Paragraph 22 set forth conclusions of law to which no response is required. If further
answer is required, Plaintiff is not barred in whole or in part from recovery in the accident
by reason of contributory and/or comparative negligence. Proof is demanded. He did not
commit any acts or omissions or other negligence of any type whatsoever so as to cause
the subject accident, including that he allegedly negligently and inappropriately
maneuvered, walked or ran into an unsafe section of the subject roadway where the
accident occurred. On the contrary, the subject accident was caused by the negligence
of Defendant as set forth in Plaintiffs Complaint, which is incorporated herein by
reference.
WHEREFORE, in consideration of the foregoing, Plaintiff demands judgment
against Defendant as set forth in the Plaintiffs Complaint at the proper costs and charges
thereto.
JURY TRIAL DEMANDED
KIGER & ALPERN
JEROME W. KIG , ESQUIRE
AMY B. KUBISIA SQUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 756-1811
ATTORNEYS FOR PLAINTIFF
VERIFICATION
The undersigned, having read the attached Reply to New Matter, verifies that the
within Reply to New Matter is based on information furnished to counsel, as well as
information gathered by counsel in the course of this lawsuit. The language of the Reply
to New Matter is that of counsel and not of the signer. Signer verifies that he has read the
within Reply to New Matter and that it is true and correct to the best of the signer's
knowledge, information and belief. To the extent that the contents of the Reply to New
Matter are that of counsel, I have relied upon counsel in making this Verification. This
Verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsifications to authorities.
July 23, 2002
DATE
r
R AR N
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the
within Reply to New Matter was served to the following via U.S. First Class, postage
prepaid this day of 2002:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
JEROME KIGER, ESQUIRE
AMY B. KUBISIAK, ESQUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
C,7 ^ ?7
L
:• r,,, =:i
-t; i i
?''- i r
-- :.J
?
_?_1 f;
.f 9 .
.I
.
c.L _?.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
TYPE OF PLEADING:
NOTICE OF SERVICE OF
PLAINTIFF'S ANSWERS TO
INTERROGATORIES AND
RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS AND
THINGS
Filed on behalf of.
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
KIGER & A.LPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
NOTICE OF SERVICE OF PLAINTIFF'S ANSWERS TO DEFENDANT'S
INTERROGATORIES AND RESPONSES TO
REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
To: Prothonotary
I hereby certify that on November, 15th, 2002, Plaintiff's' Answers to Defendants'
Interrogatories and Responses to Request for Production of Documents and Things were served on
Defendant by fax and first class United States Mail, postage prepaid to the following:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crams Mill Road, Suite B
Harrisburg, PA 17112
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEY'S FOR PLAINTIFF
AMY VBUBISIAK, ESQUIRE
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the within
Notice of Service of Plaintiff's Answers to Defendant's Interrogatories and Responses to Request
for Production of Documents and Things were served to the following via fax and U.S. First Class,
postage prepaid this 15th day of _ November , 2002:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
pva?
AMY B. Iy B
ISIAK, ES DIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
c? ,-_ .
<,- ?: ,,
z, `=; _
n;; ?
?:?' ??"
_.; ,.
?- c, _
. -.
s
-? Q ? =?;
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
TYPE OF PLEADING:
NOTICE OF SERVICE OF
PLAINTIFF'S SUPPLEMENTAL
ANSWERS TO INTERROGATORIES
Filed on behalf of.
Plaintiff
JEROME `1V. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA, 5219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
NOTICE OF SERVICE OF PLAINTIFF'S SUPPLEMENTAL ANSWERS TO
DEFENDANT'S INTERROGATORIES
To: Prothonotary
I hereby certify that on January 2, 2003, Plaintiff's Supplemental Answers to Defendants'
Interrogatories were served on Defendant by first class United States Mail, postage prepaid to the
following:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
4 BB 6fjjvlt??_, C
IJBISIAK, ESQUIRE
KIGER. & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the within
Notice of Service of Plaintiff's Supplemental Answers to Defendant's Interrogatories were served
to the following via U.S. First Class, postage prepaid on January 2, 2003:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Ala?
AMY B. ; UBISIAK, ESQUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
a
J? y
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408610 2 8 3 5 8- L 2 5
COMMON LtTE AL T H o E, P E NN S Y L VAN I A
COUNT Y Op CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this.notice. You have twenty (20)
days from the date listed below in, which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOK MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS 02-1183
File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: MONTGOMERY REGIONAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoe So ATTACHEred D by the court to produce the following documents or
things:
at
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD . , STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY T E COURT:
DATE' Qq, a.001 Prothonotary/Clerk, Civil ision
CP 12^1-0 -W
Depu
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MONTGOMERY REGIONAL HOSPITAL
3700 S. MAIN STREET
BLACKSBURG, VA 240607017
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433942 28358-1,25
0 Ca
d
'c'3
_
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
COURT OF COMMON PLEAS
TERM,
-VS-
DENISE CUTHBERTSON
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408609 2 8 3 5 8- L 2 4
C O M M O N W E AL T H 01P P E NN S Y L VAN I A
COUNTY OP CUMBER LAN ID
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
C OF INTENT TO SERVE A SUI
RM TO PRODUCE
DISCOVERY
TO RULE 4009.2
[Note: see enclosed list of locations I
TO: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in_which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 28358-C:03-
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOK MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
File No.
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: PULASKI COMMUNITY HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoenSaoATTACHEDd by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD . , STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE: , A2 MC, oZ?a
Seal of the Court
BY ?YE CO RT:
Prothonotanry/Clerk, Civi vision
..rte" ???
Depu
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
PULASKI COMMUNITY HOSPITAL
2400 LEE HIGHWAY NORTH
PULASKI, VA 243012326
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433940 2 8 3 5 8- L 2 4
c CZ o
--)
---i ?
' CERTIFICATE OF A StBpOENA
PRSRSQ?ISITS TO SERVICE
RD'S 4009.22
PURSIIANT TO
COURT OF COMMON PLEAS
TERM,
IN THE MATTER OF:
RTIN CASE N0: 02-1183
SCOTT VA
-VS-
DENISE CUTHBERTSON for documents and things pursuant
prerequisite to service of a subpoena
As a to Rule 4009.22
WENS, ESQ•
MCS on behalf of MATTHEW L•that
certifies
with a copy at least the subpoena
?o be
intent to serve the
A notice of mailed or delivered to each party is sought
thereto was the date on which the Subpoena
attache nays prior to
twenty
served, he proposed subpoena, is
notice of intent, including ?
(2) A copy of the note
to this certificate,
attached
the subpoena has been received, and
(3) No objection to subpoena which
identical to the
be served is to serve the subpoena
The subpoena which will of intent
(4) .
is attached to the notice
MCS on behalf of
OWENS, ESQ.
MATTHEW L
Attorney for DEFENDANT
04/23/2003
DATE
DE11-408608 2 8 3 5 8 "-
C O M M O N W E AL T H O F P E NN S Y LVAN = A
OF CUMBERLAND
COUNT Y
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
OF
1GS FOR DISC-vvEJLj - ---
[ Not see enclosed list of locations l
A SUBPO N To
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
4009.
AND
T0: AMY RUBISIAK, ESQ- intends to serve a subpoena
MCS on behalf of MATTHEW L. OWENS, ESQ-
on the
yup2
identical to the one that is attached tolfile toferecord and serve
the twenty day notice period is
days from the date listed below in_ be served. Complete
undersigned an objection to the subphenathe fsubpoena may be
waived or if no objection is made, be ordered oe your expense by coo PTeeing
copies of any reproduced records may same to MCS or by contacting our local
the attached counsel card and returning
MCS office.
DATE- 04/03/2003
- 12180-01695
CC: MATTHEW L. OWENS, ESQ.
pny questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#BOO
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8_- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL .RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS File No.
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: CARILLON NEW RIVER VALLEY MEDICAL CENTER
(Name of Person or Entity)
ATTACHED by the court to produce the following documents or
Within twenty (20) days after service of this subpoenaru are ordered
things:
at
MCS GROUP INC., 1601 MARKET ST., 0800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY E COURT:
DATE' IYL3 a y ?? Prothonotary/Clerk, ivision
Dep ty
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARILION NEW RIVER VALLEY
MEDICAL CENTER
2900 LAM CIRCLE
CHRISTIANSBURG, VA 24073
RE: 28358
SCOTT ROBERT MARTIN
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and 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,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433938 28358-L 23
C7
77D
cr ?c
"?
fJp .
?
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408607 2 8 3 5 8- L 2 2
COMMONWEAL T H OH P E NN SW L VAN 2 A
COUNTY 0 FP CUMBER LAN I:)
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in.which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ES,Q.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 :28358-4C01
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEN. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL.RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN ,
VS File No.
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: MISSION ST. JOSEPH HEALTH CARE SYSTEM
(Name of Person or Entity)
Within twenty (20) days after service of this subpoe SayoAu are TTACHEordered by the court to produce the following documents or
things: EE
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD . , STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY T)JE COVRT:
DATE: I'n /LCD ?yg2/-)ca3
Seal of the Court
Prothonotary/Clerk, Ci?ision
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MISSION ST JOSEPH HOSPITAL
509 BILTMORE AVENUE
ASHEVILLE, NC 288014601
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 pert aining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433936 2 8 3 5 8-I-j2 2
n ?
-77
--4
rr i
00
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408606 2 8 3 5 8- L 2 1
C O M M O N W E A L T H OP P E NN S Y L VAN 2 A
COUNTY OP C UMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in.which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE:
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
• 02-1183
VS File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO' CUSTODIAN OF RECORDS FOR: REX HEALTH CARE
(Name of Person or Entity)
Within twenty (20) days after service of this subpoe a o are ordEDd by the court to produce the following documents or
ATTACH
things:
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD . , STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE:
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
REX HOSPITAL
4420 LAKE BOONE TRAIL
RALEIGH, NC 27607
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433934 2 8 3 5 8- L 2 1
C) ?-
£ i
t1
u, r
m
? ^a3 T
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408605 2 8 3 5 8- L 2 O
C O M M O N W E AL T H Or P E NN S Y L VAN T A
IN THE MATTER OF:
SCOTT MARTIN
DENISE CUTHBERTSON
COUNTY Or CUMBER LAN D
-VS -
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP_ MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
File No.
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: WAKEMED
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena,-'
Aare ordered TTACHED by the court to produce the following documents or
things: K
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
BY nE COURT:
DATE: r A .2 Q69:13 Prothonotary/Clerk, Ci 1571"ision
L De uty
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
WAKE MEDICAL CENTER
3000 NEW BERN AVENUE
RALEIGH, NC 27610
RE: 28358
SCOTT ROBERT MARTIN
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and 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,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433932 2 8 3 5 8- L 2 O
't3F ?_x
-4i
(Xs ?
IN T, MATTER OF .
MARTIN
SCOTT
TIFICATS
CSR SSRVICB OF A gUBPOSUA
PRSRSQUISITS TO
DgSUANT TO RULE 4009.22
P COURT OF COMMON PLEAS
TERM,
CASE NOt 02-1183
-VS-
nts and things Pursuant
CUTKBERTSON d.OCUme
DENISE ervice of a subppena for
rerequisite to s
As a p 4009.22
to Rule
L OAS' ES4
MATTHEW that
the subPpena
MCS on behalf ° certifies
a with a COarty athleastt0 be to each ent to serve
d ore del °e h ahe subppe a is s°ught
ce Of (11 A t
jjOtI o h d t er toto the date On whlc pena, is
at
s prior roposed subP
twenty day the P
served, Of intent, includlnq
cop'y of the not cp care,
(21 A tta ,ached to this certifi
received, and
a which
a on to the subpoena has een al to the subppea n
1
C31 No object i11 be serv ent to serve the subppe hich k4) The su attached ell to the wnotice of In
of
is MCS on behalf
L• OWENS, ESQ•
MATTHEW DEFENDANT
Attorney for
2003
DATE 04 23
DE11-408604 2 8 3 5!
C O M M O N W E A lT H Or P E NN S Y L VAN I A
COUNTY Or C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNMUS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations I
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA,' PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
.MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
02-1183
VS
File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: COLUMBIA RALEIGH COMMUNITY HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoenao ATTACHED by the court to produce the following documents or
things:
at
MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 191.03
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD . , STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DATE: ?'t,_-eZL3
Seal of the Court
DEFENDANT
BY T)JE COY T: ?'
Prothonotary)/.CClerk, Civil ision
De ty
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
COLUMBIA RALEIGH COMM. HOSP.
3400 WAKE FOREST ROAD
RALEIGH, NC 276097317
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security ##: 367-66-1308
Date of Birth: 11-15-1954
SU10-433930 2 8 3 5 8- L 1 9
c
t2l rT-
cn
,
?d `_ y Y (i
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408603 2 8 3 5 8- L 1 8
C O M M O N W E A L T H O y P E NN S Y L VAN I A
COUNTY OP CUM 13E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICES OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNEENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOK MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEN. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 28358-CO-1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS 02-1183
File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: ANNIE PENN HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, y arAeT?td by the court to produce the following documents or
things: SS A ED
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ .
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
,/)/)L BY EE COURT:
DATE: / ' 4'2 Prothonotary/Cle , Civil lion
ee Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ANNIE PENN HOSPITAL
618 S. MAIN STREET
REIDSVILLE, NC 273205020
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433928 28358-T-.,3-8
o
Z ?
? ? rr
j
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS -
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408602 2 8 3 5 8- L 1 7
C O M M O N W E A L T H Or P E MM S Y L VAN 2 A
COUNTY Or C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If, the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA,' PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
File No.
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: MOREHEAD MEMORIAL HOSPITAL
(Name of Person or Entity) ' u are ordered Within twenty (20) days after service of this subpoenE ATTACHED by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 191.03
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
BY E CO RT:
DATE _ nlS? Prothonotary/Clerk, Civil ion
?r?? U 3
Depu
Seal of the Court
(Ef f . 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MOREHEAD MEMORIAL HOSPITAL
117 E. KINGS HIGHWAY
EDEN, NC 272885201
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433926 2 8 3 5 8- L 1 7
C7
r
CID
O
_r7
fi
L,
r
L7
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408601 2 8 3 5 8- L 1 6
C O M M O N W E A L T H OP P E NN S Y L VAN 2 A
C OUNT Y OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE:
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
.MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS File No. 02-1183
.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: CAPE FEAR VALLEY MEDICAL CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoen `ou are rd red by the court to produce the following documents or
things: 9 ATT,CI ED
at MUS GROUP INC., 1601 MARKET ST., 0800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE: Qg 10OLI
Seal of the Court
(Eff. 7/ 97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CAPE FEAR VALLEY HOSPITAL
1638 OWEN DRIVE
FAYETTEVILLE, NC 28301
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433924 2 8 3 5 8- L 1 6
C)
;iZ
-ti LL;
rrt m ?
Mc? -t
?s
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
COURT OF COMMON PLEAS
IN THE MATTER OF:
TERM,
SCOTT MARTIN
CASE NO: 02-1183
-VS-
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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,
Of the notice of intent, including the proposed subpoena, is
(2) A copy
attached to this certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which wieofeintentsto identicathel which
is attached to the notice
MCS on behalf of
MATTHEW L. OWENS, ESQ.
DATE: 04/23/2003 Attorney for DEFENDANT
DE11-408600 2 8 3 5 8- L 1 5
P E NN S Y L VAN S A
C O M M O N W E A L T H O EP
C OUNT Y OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
TFf XV--q FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations )
TO: ANY KUBISIAR, ESQ.
MCS on behalf of MATTHEW L. OWENS. ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If,the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact HE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOK MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WAKE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS 02-1183
File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: HIGHSMITH - RAINEY MEMORIAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena ? ou are ordered by the court to produce the following documents or
things: S ATTACHED
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE:
215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
BY E COURT:
2. '54aw==
DATE: l=r ,? l6.3 Prothonotary/Clerk, i Division
Deplity
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HIGHSMITH-RAINEY MEM. HOSPITAL
150 ROBISON STREET
FAYETTEVILLE, NC 28301
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433922 28358-L 1_5
C7
t= ?,
?,..,
rrt ?, ;
_ -
_.
?
?._ ,? :.
,
u3 a-• ,A?
m-
-;
.?
L> <_.? w?.
? _ +
? ? ?
L
?-
rxs
-?
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408599 2 8 3 5 8- L 1 4
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOK MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WAKE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS '
File No.
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: RUTHERFORD HOSPITAL , INC.
(Name of Person or Entity) - u are ordered Within twenty (20) days after service of this subpoenbrla E ATTACHED by the court to produce the following documents or
things: ?
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE: .2Y, Mal
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
RUTHERFORD HOSPITAL, INC.
288 S. RIDGECREST AVENUE
RUTHERFORDTON, NC 281392838
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433920 2 8 3 5 8- L 1 4
70
10
G
S
C
?i i C?
4
i
CERTIFICATE
PREREQUISITE TO SERVICE OF A. SUBPOENA
PURSUANT TO RULE 4009.22
COURT OF COMMON PLEAS
IN THE MATTER OF:
SCOTT MARTIN
TERM,
CASE NO: 02-1183
-VS-
DENISE CUTHBERTSON
rvice of a subpoena for documents and things pursuant
As a prerequisite to se
to Rule 4009.22
MATTHEW L. OWENS, ESQ.
MCS on behalf of certifies that
subpoena
party
?1) A notice of intent to serve the subpoena with a COoenaar is of s s at the least
ought to be
twenty attached thereto was thel dater onewhichedthe subpoena
days prior t
served,
(2) p, 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
a which will be served is identical to the subpoena which
subpoena.
(4) The subpoen
is attached to the notice of intent to serve the p
MCS on behalf of
DATE: 04/23/2003
MATTHEW Lfo WDEFENDANT
Attorney
DE11-408598 2 83 5 8 -I-'1
C O M M O N W E A L T H OP P E NN S Y L VAN I A
COUNTY OP CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS -
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNOEKNTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
02-1183
File No.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: ELIZA COFFEE MEMORIAL HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena--- are Aordered CHED by the court to produce the following documents or
things: E
at
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
TELEPHONE:
HARRISBURG, PA 17112
215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
m BY =T:
DATE: / -iii U aaaa Prothonotary/Clerk,Ci ivision
Depu
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ELIZA COFFEE MEMORIAL HOSPITAL
205 S. MARENGO STREET
P.O. BOX 818
FLORENCE, AL 35631
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433918 2 8 3 5 8- L 1 3
s
n ?..;
'
` y
?C -?
?.' ?y3
'.....1
'?'-Fi
? a.. .+
? ? -..
?.....
r'^tT?. ? _._ v. ?
?[„
- fµt
`? +?,
C7
Dom` _w :?#'r-r
.?_'
c __i
-?
z?
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
COURT OF COMMON PLEAS
TERM,
-VS-
DENISE CUTHBERTSON
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408597 2 8 3 5 8- L, 1 2
C O M M O N W E A L T H OP P E XW S Y L VAN 2 A
COUNTY OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
3 OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AMID
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 :28358-C03-
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEN. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS 02-1183
File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: COLUMBIA FLORENCE HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena ``ou are ordered by the court to produce the following documents or
things: S>;}? ATTACHED
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY T CO RT: '2- .1,
DATE: s_ / .299 sa Prothonotary/Clerk, Civil v' ion
Dep
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
COLUMBIA FLORENCE HOSPITAL
2111 CLOYD BLVD.
#2010
FLORENCE, AL 353600010
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433916 2 8 3 5 8- L I L2
w o
C
O
I
c? :-
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
COURT OF COMMON PLEAS
TERM,
-VS -
DENISE CUTHBERTSON
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408596 2 8 3 5 8- L 1 1
C O M M O N W E A L T H OP P E NN S Y L VANS A
C OUNT Y OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from_the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA,' PA 19103
(215) 246-0900
DE02-221674. 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE:
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOK MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEN. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WAKE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 283-98-COI-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
File No.
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: ROGER WILLIAMS MEDICAL CENTER
((Name of Person or Entity)
Within twenty (20) days after service of this subpoena," are ordered by the court to produce the following documents or
things: SrE ATTACHED
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:
ADDRESS:
MATTHEW L. OWENS, ESQ.
4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
BY E COURT.
DATE:??/ _.21` .2 063 Prothonotary/Clerk,Civ ivision
Dep
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ROGER WILLIAMS HOSPITAL
825 CHALKSTONE AVENUE
PROVIDENCE, RI 02908
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433914 2 8 3 5 8- L 1 1
n C--)
.7?rr: ?`3
OD
? f1"r
_J4
-??C
I r
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, :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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408595 2 8 3 5 8- L 1 0
COMMONWEALTH 01P
P E NN S Y L VAN 2 A
COUNTY OP C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCINENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009_21
[ Note: see enclosed list of locations ]
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 28358-CO-1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOK MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 28358-Col
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS 02-1183
• File No.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: THE MIRIAM HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena ``o
S$Au are ordered by the court to produce the following documents or
things: TTACHED
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY iE C UR .
DATE: , a t>? Prothonotary/Cler vi Division
Dep
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MIRIAM HOSPITAL
164 SUMMIT STREET
PROVIDENCE, RI 02906
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433912 2 8 3 5 8- L 1 0
o
z
r
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
SCOTT MARTIN
TERM,
-VS -
DENISE CUTHBERTSON
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408587 283-58-1,02
C O M M O N W E A L T H OP P E NN S Y L VAN 2 A
C OUNT Y OP C UM B B R LAN D
IN THE MATTER OF:
COURT OF COMMON PLEAS
SCOTT MARTIN
TERM,
-VS-
CASE NO: 02-1183
DENISE CUTHBERTSON
NOTICE OF INTENT TO
A
TO PRODUC$
[ Note: see enclosed list of locations
4UU9.21
AND
TO: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ.
identical to the one that is attached to this notice. Youohavevtwenty (20) subpoena
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OwENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 283513-CO-1
>>> LOCATION LIST « <
LOCATION
RECD
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOK MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM[. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WAKE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
PAGE:
DE02-221674 213358-CO-1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
File No. 02-1183
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, yYo are ordered by the court to produce the following documents or
things: hl ATTACHED
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
rye BY HE OUR
DATE:
~ f • Prothonotary/C er it Division
D uty
Sea] of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG HOSPITAL
PINNACLE HEALTH SYSTEM
111 SOUTH FRONT ST.
HARRISBURG, PA 17101
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433896 2 8 3 5 8- L 0 2
n
cCs
'tl ?
co - 'I M}e
C
z?
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408588 2 8 3 5 8- L 0 3
C O M M O N W E A L T H OP P E NN S Y L VAN 2 A
COUNTY OP CUMBER LAND
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS -
TERM,
CASE NO: 02-1183
DENISE CUTHBERTSON
NOTICE OF INTENT TO SERVE A
UBPOENA TO PRODUCE DOCUMENTS AND
PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 28358-COI
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOR MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS '
• File No.
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, ou are ordered by the court to produce the followin documents or
things: SyEE ATTACHED g
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD. , STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
BY HE COURT-.
Z4? i ?-'z
DATE: .2 L 2, Prothonotary/Clerk, C' ivision
Dep
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SEIDLE MEMORIAL HOSPITAL
PINNACLE HEALTH SYSTEM
120 S. FILBERT ST.
MECHANICSBURG, PA 17055
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433898 28358-1,03
ive? ?J
fit; t 1
. 7
0
-r-
r
ti..l Cil
?7
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
COURT OF COMMON PLEAS
TERM,
-VS -
DENISE CUTHBERTSON
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408589 2 8 3 5 8-1[-,0 4
COMMONWEALTH OP P E NN S Y L VAN 2 A
COUNT-5r OP CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS -
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBR00R MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY. MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN ,
VS File No. 02-1183
DENISE CUTHBERTSON '
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: PINNACEL HEALTH AT POLYCLINIC
(Name of Person or Entity)
Within twenty (20) days after service of this subpoeS);E A
ou are TTACHED d by the court to produce the following documents or
things:
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
DATE: M?A 241 3
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
POLYCLINIC HOSPITAL
PINNACLE HEALTH SYSTEM
2601 N. 3RD ST. STE2
HARRISBURG, PA 17105
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SUIO-433900 2 83 5 8- L 0 4
C` _ =;
?.
-a t?-, _,? _+
.?' :.i? _
?. 1: .
''J ? !?
.G.
?;.C
-" l?
ce
-i
.?'- .,d
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-vs-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408590 2 8 3 5 8- L 0 5
C O M M O N W E A L T H or P E NN S Y L VAN T A
C OUNT Y or C UM B E R L AN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS -
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
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: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If.the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 28358-COIL
>>> LOCATION LIST <<<
PAGE:
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOK MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
.MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS File No,
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: TWIN MEDICAL CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena ou are ordered by the court to produce the following documents or
S ATTACHED
things:
at
MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ES
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
DATE: 2 ins-3
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
TWINBROOK MEDICAL CENTER
3805 FIELD STREET
ERIE, PA 165112825
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433902 2 8 3 5 8- L O 5
c ?
?. ?-;
-< 4
c..+-;
? : ?;
?? _ 'rn
c -_- :-?
r ?
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS -
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408591 28358-T-.06
COMMONWEALTH OP P E NN S Y L VAN 2 A
C OUNT Y OP C UM B E R LANID
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS -
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMEWS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 28358-Col
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOK MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 28358-COI
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
. File No.
DENISE CUTHBERTSON
02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: HAMOT MEDICAL CENTER
(Name of Person or Entity),
Within twenty (20) days after service of this subpoena,?g ajerrQrfjWd by the court to produce the following documents or
things: 11AACt;
at
MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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! MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR:
DEFENDANT
DATE: fl g& a 2y. 2,0&1-
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HAMOT MEDICAL CENTER
201 STATE STREET
ERIE, PA 16550
RE: 28358
SCOTT ROBERT MARTIN
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and 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,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433904 2 8 3 5 8- L O 6
C7
r=
?
(3 ( ;
I TI
j
r • t}__.
!
?r? ?
VJ
t? r
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN COURT OF COMMON PLEAS
TERM,
-VS-
DENISE CUTHBERTSON
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408592 2 8 3 5 8- L 0 7
COMMONWEALTH Or P E NN S Y L VAN 2 A
COUNTY Op C UM B E R L AN D
IN THE MATTER OF:
COURT OF COMMON PLEAS
SCOTT MARTIN
TERM,
-vs-
DENISE CUTHBERTSON
CASE NO: 02-1183
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: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ.
y (20) subpoena
identical to the one that is attached to this notice. Youohavevtwent
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office-
DATE: 04/03/2003
MCS on behalf of
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 28358-CO-1
>>> LOCATION LIST <<<
PAGE:
NAME
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOK MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
.MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 28:3_58-Col
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
File No. 02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: SAINT VINCENT HEALTH CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena ?`ou are ordered by the court to produce the following documents or
things: SE?EY ATTACHED
at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BBY T ?E COURT:
DATE:
a3 Prothonotary/Clerk, Civ' ivision
uep%ty
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
SAINT VINCENT HEALTH CENTER
232 W. 25TH STREET
P.O. BOX #740
ERIE, PA 16544
RE: 28358
SCOTT ROBERT MARTIN
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and 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,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433906 2 8 3 5 8-T.,0 7
n.E
?.? :.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
WS on behalf of
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408593 2 8 3 5 8- L 0 8
COMMONWEALTH O EP P E NN S Y L VAN I A
COUNTY or CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOEIA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE:
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOR MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
File No. 02-1183
•
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: METRO HEALTH CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena `ou are ordered by the court to produce the following documents or
things: S$ ATTACHED
at MCS GROUP INC., 1601 MARKET ST., 0800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY E C URT:
DATE: rMR9 1??3 Prothonotary/Clerk, ivision
Depu
Sea] of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
METRO HEALTH CARE
252 W. 11TH STREET
ERIE, PA 16544
RE: 28358
SCOTT ROBERT MARTIN
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and 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,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433908 283S8-1-i08
"
L7 LT?
M,
3 t
-r
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 04/23/2003
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408594 2 8 3 5 8- L 0 9
C O M M O N W E A L T H OP P E NN S Y L VAN T A
COUNTY OP C UMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMMS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
[ Note: see enclosed list of locations ]
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O I-
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL MEDICAL RECORDS
HARRISBURG HOSPITAL MEDICAL RECORDS
SEIDLE MEMORIAL HOSPITAL MEDICAL RECORDS
POLYCLINIC HOSPITAL MEDICAL RECORDS
TWINBROOR MEDICAL CENTER MEDICAL RECORDS
HAMOT MEDICAL CENTER MEDICAL RECORDS
SAINT VINCENT HEALTH CENTER MEDICAL RECORDS
METRO HEALTH CARE MEDICAL RECORDS
RHODE ISLAND HOSPITAL MEDICAL RECORDS
MIRIAM HOSPITAL MEDICAL RECORDS
ROGER WILLIAMS HOSPITAL MEDICAL RECORDS
COLUMBIA FLORENCE HOSPITAL MEDICAL RECORDS
ELIZA COFFEE MEMORIAL HOSPITAL MEDICAL RECORDS
RUTHERFORD HOSPITAL, INC. MEDICAL RECORDS
HIGHSMITH-RAINEY MEM. HOSPITAL MEDICAL RECORDS
CAPE FEAR VALLEY HOSPITAL MEDICAL RECORDS
MOREHEAD MEMORIAL HOSPITAL MEDICAL RECORDS
ANNIE PENN HOSPITAL MEDICAL RECORDS
COLUMBIA RALEIGH COMM. HOSP. MEDICAL RECORDS
WARE MEDICAL CENTER MEDICAL RECORDS
REX HOSPITAL MEDICAL RECORDS
MISSION ST JOSEPH HOSPITAL MEDICAL RECORDS
CARILION NEW RIVER VALLEY MEDICAL RECORDS
PULASKI COMMUNITY HOSPITAL MEDICAL RECORDS
MONTGOMERY REGIONAL HOSPITAL MEDICAL RECORDS
DE02-221674 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS File No. 02-1183
.
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
CUSTODIAN OF RECORDS FOR: RHODE ISLAND HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoen? E uAT orders by the court to produce the following documents or
things:
at
MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS, ESQ.
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE:
215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY OURT.
DATE: 2q( -3 Prothonotary/ erk, v Division
De ty
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
RHODE ISLAND HOSPITAL
593 EDDY STREET
PROVIDENCE, RI 02903
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433910 2 8 3 5 8- L 0 9
?..5
'
a.
?
'a
Z'4? T)
L• r ('
j
fT?
? "•.
? "9
!
-
i,.... ? `
/
?
-.
V? - -
''? .
?-'-t
?', y'
+- L, i
??` ?J
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS -
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on be
DATE: 04/23/2003 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-408586 2 8 3 5 8- L O 1
C O M M O N W E A L T H OP P E XM S Y L VAN 2 A
COUNTY OP CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009_21
[ Note: see enclosed list of locations ]
TO: AMY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If the twenty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to MCS or by contacting our local
MCS office.
DATE: 04/03/2003
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-221674 2 8 3 5 8- C O 1
>>> LOCATION LIST <<<
PAGE: 1
LOCATION NAME RECORDS REQUESTED
HOLY SPIRIT HOSPITAL
HARRISBURG HOSPITAL
SEIDLE MEMORIAL HOSPITAL
POLYCLINIC HOSPITAL
TWINBROOR MEDICAL CENTER
HAMOT MEDICAL CENTER
SAINT VINCENT HEALTH CENTER
METRO HEALTH CARE
RHODE ISLAND HOSPITAL
MIRIAM HOSPITAL
ROGER WILLIAMS HOSPITAL
COLUMBIA FLORENCE HOSPITAL
ELIZA COFFEE MEMORIAL HOSPITAL
RUTHERFORD HOSPITAL, INC.
HIGHSMITH-RAINEY MEM. HOSPITAL
CAPE FEAR VALLEY HOSPITAL
MOREHEAD MEMORIAL HOSPITAL
ANNIE PENN HOSPITAL
COLUMBIA RALEIGH COMM. HOSP.
WARE MEDICAL CENTER
REX HOSPITAL
MISSION ST JOSEPH HOSPITAL
CARILION NEW RIVER VALLEY
PULASKI COMMUNITY HOSPITAL
MONTGOMERY REGIONAL HOSPITAL
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-221674 28358-COI
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS
DENISE CUTHBERTSON
File No. 02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF'-RECORDS FOR: HOLY SPIRIT HOSPITAL
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, 'r'- u are ordered by the court to produce the following documents or
things: SEATTACHED
at MCS GROUP INC., 1601 MARKET ST., 4800, PHILA.PA 19103
(Address)
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: MATTHEW L. OWENS. ES
ADDRESS: 4200 CRUMS MILL RD., STE B
HARRISBURG, PA 17112
TELEPHONE: 215-246-0900
SUPREME COURT ID #:
ATTORNEY FOR: DEFENDANT
BY T COURT:
DATE: Prothonotary/Cler , Civil ision
Deputy
Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRIT HOSPITAL
503 NORTH 21ST STREET
CAMP HILL, PA 17011
RE: 28358
SCOTT ROBERT MARTIN
Entire hospital medical file, including but not limited to any and all records,
correspondence to and from the consulting and/or treating physician, files,
memoranda, handwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and all 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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-433894 2 8 3 5 8-T-.0 i
?
?" ?:?
r.A:>
4t .?? 7,:
•
?
?
?..,.
'1? ?
?
? , r ; i
'? ?a
?
'-*D
i ??,1
'?' __..
L ? rrt
t
fV ?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN, No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
NOTICE OF SERVICE OF
PLAINTIFF'S REQUEST TO
DEFENDANT TO SUPPLEMENT
PRIOR RESPONSES TO ALL
DISCOVERY
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
NOTICE OF SERVICE OF PLAINTIFFS' REQUEST TO
DFFF.NDANTS TO SUPPLEMENT PRIOR RESPONSES TO ALL DISCOVERY
To: Prothonotary
I hereby certify that on February 9, 2004, a true and correct copy of PLAINTIFF'S
REQUEST TO DEFENDANT TO SUPPLEMENT PRIOR RESPONSES TO ALL DISCOVERY
was served by U.S. First Class Mail, postage prepaid, to the following:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
AMY B. KUBISIAK, ESQ RE
'tV
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the within
Notice of Service of Plaintiffs Request to Defendant to Supplement Prior Responses to All
Discovery was served to the following via U.S. First Class Mail, Postage Prepaid this day
of! F?&, 2004:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
??C/
AMY B. KVISIAK, ESQUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
?, ro
c_o>
c . 4.? - n
-rj --i
r
_ ?_ '
-r; l'l
?;
`
t
',_,
?
J o
N
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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: 03/09/2004
on behalf o Gp
&W40e-
Attorney
for DEFENDANT
DE11-477892 28358-L 26
C O M M O N W E A L T H OF P E NN S Y L VAN 2 A
COUNT Y OF CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHHERTSON
TO SERVE A SUBPOENA TO
HARRISBURG AREA COMM. COLLEGE EMPLOYMENT
MERCYHURST COLLEGE EMPLOYMENT
TO: ANY KUBISIAK, ESQ.
TERM,
CASE NO: 02-1183
MCS on behalf of MATTHEW L. OWENS, 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: 02/18/2004
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-256198 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
vs.
File No. 02-1183
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 400922
TO: Custodian of Records for HARRISBURG-AREA OMM CC_1T T FCF
(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: ****SEEATTA H DRIDER ****
at - 111C, MC-S GrOUP-Ine- 16QI Market St=j. Silite goo Philadelphia PA I 9jo-3
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: MATTHEW L OWENS ES
ADDRESS: 4200 CRTTM.R MTT T Anon
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Divisii
MAR 0 9 2004
Date:
,?j
Sea] of the Court
Deputy
28358-26
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HARRISBURG AREA COMM. COLLEGE
ONE HACC DRIVE
HARRISBURG, PA 17110
RE: 28358
SCOTT ROBERT MARTIN
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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-488642 2 8 3 5 8- 1,2 6
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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.
MCS on behalf of
DATE: 03/09/2004 MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
DE11-477893 2 8 3 5 8- L 2 7
C O M M O N W E AL T H OP P E NN,S Y L VANS A
COUNTY OP CUMBER LAN D
IN THE MATTER OF:
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
HARRISBURG AREA COMM. COLLEGE EMPLOYMENT
MERCYHURST COLLEGE EMPLOYMENT
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-1183
TO: ANY KUBISIAK, ESQ.
MCS on behalf of MATTHEW L. OWENS, 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: 02/18/2004
MCS on behalf of
CC: MATTHEW L. OWENS, ESQ. - 12180-01695
Any questions regarding this matter, contact
MATTHEW L. OWENS, ESQ.
Attorney for DEPENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-256198 2 8 3 5 8- C O 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
vs.
File No. 02-1183
DENISE CUTHBERTSON
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for MERCYH RST O C
(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: **** SFF ATTACHED RIDR ****
at The M R roan. Inc.. 1601 Market Str t S it goo Phladahia 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: MATTHEW L OWENS FSO
ADDRESS: 4200 CRAMS MILL ROAD
Si1IT -t B
HARRISBURG PA 17110
TELEPHONE: (215) 46-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk,
MAR 0 9 2004
Deputy
Date:
Seal of the Court
28358-27
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MERCYHURST COLLEGE
501 E. 38TH STREET
ERIE, PA 16546
RE: 28358
SCOTT ROBERT MARTIN
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 : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-488644 2 8 3 5 8- L 27
i7 ?? p
c. r' -n
n
? Y .
f?? T
. 't? ?=?
w., 7
._ ?._ C.,
:Fa
._..- ? T
is
.. --?
L'
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN TERM,
-VS- CASE NO: 02-1183
DENISE CUTHBERTSON
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MATTHEW L. OWENS, 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: 11/03/2004
MCS on behalf o
ES ES!?i
M ?VW
•
, •
Attorney for DEFENDANT
DE11-525838 2 8 3 5 8- L 2 9
C O M M O N W E A L T H op P E NN S Y L VAN 2 A
COUNT Y O EP C U M B E R.L 2%N ID
IN THE MATTER OF: COURT OF COMMON PLEAS
SCOTT MARTIN
-VS-
DENISE CUTHBERTSON
TERM,
CASE NO: 02-1183
NOTICE OF INTENT TO SERVE A SUBPOENA TO PROI)UCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
ARLINGTON ORTHOPEDICS MEDICAL RECORDS
TO: AMY KUBISIAK, ESQ., PLAINTIFF COUNSEL
MCS on behalf of MATTHEW L. OWENS, 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: 10/14/2004
CC: MATTHEW L. OWENS, ESQ. - 12180
MCS on behalf of
MATTHEW L. OWENS, ESQ.
Attorney for DEFENDANT
Any questions regarding this matter, contact THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-281293 2 8 3 5 8- C O 1
COMMONWI~ALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SCOTT MARTIN
VS.
DENISE CUTHBERTSON
File No. 02-1183
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for ARLINGTON ORTHOPEDICS
(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 Groin, 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: MATTHEW L. OWENS. ESO.
ADDRESS: 4200 CRUMS MILL ROAD
SUITE B
HARRISBURG- PA 17110
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
Date: 6') a ` //..2 `'
Seal of the Court
BY E COURT:
Prothonotary/Clerk, ivil D' Sion
C
Deputy
28358-29
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
ARLINGTON ORTHOPEDICS
805 SIR THOMAS COURT
HARRISBURG, PA 17109
RE: 28358
SCOTT ROBERT MARTIN
INCLUDING RECORDS FROM DR. JOHN THOMPSON
Entire medical file, including but not limited to any and all records,
correspondence to and from the consulting and 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,
diagnosis or treatment pertaining to:
Dates Requested: up to and including the present.
Subject : SCOTT ROBERT MARTIN
635 GAP ROAD, GAP, PA
Social Security #: 367-66-1308
Date of Birth: 11-15-1954
SU10-528384 28358-T-&29
c
c:, -
a??r CD
'
t
ll
-
Fn
o
co
' 1
n
v`i,
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( X ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
-----------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
SCOTT R. MARTIN,
Plaintiff
V.
DENISE S. CUTHBERTSON,
Defendant
(check one)
( X) Civil Action -Law
( ) Appeal from Arbitration
(other)
The trial list will be called on
and February 14, 2006
Trials commence on March 13. 2006
Pretrial will be held on February 22, 2005
(Briefs are due 5 days before pretrials)
(The party listing this case for trial shall provide
forthwith a copy of the Praecipe to all counsel, pursuant
No.: 02-1183 Civil Term
Indicate the attorney who will try the case for the party
Indicate trial counsel for other parties if known:
This case is ready for trial.
Date:
Print Name:
this Prvecipe: Matthew L. Owens, Esq.
Attorney for: Defendant
SCOTT R. MARTIN,
V.
DENISE S. CUTHBERTSON,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
A
an employee of Marshall, Dennehey, Warner, Coleman &
Goggin, do hereby certify that on this ji-kday of January, 2006, I served a copy of the
foregoing document via First Class United States mail, postage prepaid as follows:
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA.
Plaintiff NO. 02-1183 CIVIL TERM
J
r ' C
.
^t
f.?
`
I
?.n
_.. Cy.
SCOTT R. MARTIN,
Plaintiff
V.
DENISE S. CUTHBERTSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-1183 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of February, 2006, upon
consideration of the call of the Civil Trial List, and pursuant to
an agreement of counsel at the call, this matter is stricken from
the trial list, and counsel are directed to relist it for trial at
their convenience.
Amy B. Kubisiak, Esquire
1404 Grant Bldg.
Pittsburgh, PA 15219-2301
For the Plaintiff
Matthew L. Owens, Esquire
4200 Crums Mill Rd., Ste. B.
Harrisburg, PA 17112-2899
For the Defendant
pcb
By the Court,
JAS
SCOTT R. MARTIN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
MOTION TO COMPEL PLAINTIFF, SCOTT MARTIN,
TO ATTEND AN INDEPENDENT MEDICAL EXAMINATION
AND NOW comes Defendant, Denise Cuthbertson, by and through the undersigned
counsel who file this Motion to Compel Plaintiff to Attend an Independent Medical Examination
and in support thereof avers as follows:
1. This civil action arises out of an automobile accident that occurred on March 11,
2000, on Bridge Street in New Cumberland, Cumberland County, Pennsylvania. (See Plaintiffs
Complaint attached hereto and marked as Exhibit "A").
2. Plaintiff, Scott Martin (hereinafter referred to as "Plaintiff") alleges that as a result
of the accident, he suffered injuries to his lower extremities.
3. In an effort to move this case forward toward disposition, counsel for the
Defendant listed this matter for trial on the March 13, 2006 trial list.
4. Despite continued efforts by defense counsel to get a report from Plaintiffs
vocational expert, Plaintiffs counsel did not provide the report until the eve of the call of the list.
Plaintiffs counsel and defense counsel attended the call of the list on February 14,
2006.
6. The day before the call of the list was to occur, Plaintiff s counsel was informed
that the Defendant would be seeking a continuance to obtain a defense vocational report.
7. During the meeting on February 14, 2006 (as acknowledged in correspondence
from Plaintiff dated February 14, 2006 and attached hereto and marked as Exhibit "B"), the
continuance was sought by the undersigned so a defense vocational report could be obtained.
8. During the February 14, 2006 meeting, it was contemplated that a medical
examination of Plaintiff would be a possibility. (See Exhibit "B").
9. On March 15, 2006, the undersigned counsel expressed an intention to retain a
vocation expert and again notified Plaintiffs counsel of the potential need to have the Plaintiff
examined. (March 15, 2006 letter to Plaintiffs counsel attached hereto and marked as Exhibit
VVII)
10. On April 6, 2006, the undersigned again informed Plaintiffs counsel that an
examination in an IME setting was a real possibility. (April 6, 2006 letter to Plaintiffs counsel
attached hereto and marked as Exhibit "D")
11. On June 26, 2006, defense counsel sent a letter to the undersigned conditioning
any agreement to allow her client (Scott Martin, Plaintiff) to be examined on Defendant's insurer
agreeing to mediate and such mediation is scheduled promptly. (June 26, 2006 letter from
Plaintiffs counsel attached hereto and marked as Exhibit "E")
12. The June 26, 2006 letter from Plaintiffs counsel recounts events from the call of
the list meeting that are absent from the undersigned's recollection, and absent from Plaintiffs
2
own recollection of that conversation as she recanted the conversation in the letter dated
February 14, 2006 (Exhibit "B")
13. In an effort to placate Plaintiffs counsel, the undersigned sent a letter to her on
July 12, 2006 outlining a reasonable scenario in which an IME could be conducted on the
Plaintiff and the undersigned would recommend mediation. (July 12, 2006 letter to Plaintiffs
counsel attached hereto and marked as Exhibit "F").
14. By letter dated July 21, 2006, Plaintiffs counsel demanded the undersigned to
agree to mediation before she agreed to present her client for an Independent Medical
Examination (IME). (Letter of July 21, 2006 by Plaintiffs counsel attached hereto and marked
as Exhibit "G")
15. Plaintiffs mental and/or physical condition is in controversy. (See Exhibit "A").
16. There is good cause for an Independent Medical Examination in this matter and
good cause for the Court to intervene and order the Plaintiff to submit to a physical examination
by an examiner.
17. The Pennsylvania Rules of Civil Procedure, Rule 4010(a)(2) and (3) provide that
a physical examination of a party may be ordered on good cause where the parties' physical
condition is in controversy.
18. There is no rule of civil procedure tying an Independent Medical Examination to
mediation.
19. There is no and there never was an agreement for an IME if and only if the
insured of the Defendant agreed to mediate.
20. Plaintiffs counsel is making an unreasonable demand that is unsupported by the
Rules of Civil Procedure or any agreement.
3
21. Defendant respectfully asserts that good cause exists for this Honorable Court to
enter an order compelling Plaintiff to undergo a physical examination.
WHEREFORE, Moving Defendant, Denise Cuthbertson, respectfully requests that this
Honorable Court grant this Motion and enter an order compelling Plaintiff to submit to an
Independent Medical Examination to be conducted by a medical doctor of Defendant's choosing
to be completed before the end of November, 2006.
BY:
DATE: ff iz?
\05_A\LIAB\GSMCINR0Y\LLPG\2301 I O\ACZILLA\12180\01695
I.D. No. 76080
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3501
Attorneys for the Defendant
4
MATTHEW L. OWENS, ESQUIRE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
V.
DENISE S. CUTHBERTSON,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this day of August, 2006, I served a copy of the foregoing document
via First Class United States mail, postage prepaid as follows:
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
Plaintiff NO. 02-1183 CIVIL TERM
w,- ?? ??
Ex hi bi 1-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON,
TYPE OF PLEADING:
Defendant.
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I. D. #70441
KIGER & ALPERN
Firm #795
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
NOTICE TO DEFEND
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 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 claim or property or other rights
important.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
COMPLAINT IN CIVIL ACTION
Plaintiff, Scott R. Martin, by his attorneys, Jerome W. Kiger, Esquire, Amy B.
Kubisiak, Esquire and Kiger & Alpern, Esquires makes the following Complaint against
the Defendant:
1. Plaintiff, Scott R. Martin, is an adult individual residing at 635 Gap Road
Lewisberry, PA 17339-9336.
2. Defendant, Denise Cuthbertson, is an adult individual residing at 95 Sam
Sneed Circle, Etters, PA 17319.
3. At all times material hereto, Plaintiff, Scott R. Martin, was a pedestrian that
was struck by a vehicle owned and operated by Defendant.
4. At all times material hereto, Defendant was the owner of a 1997 Honda
Accord, Pennsylvania registration plate number AGC 7640, VIN number 51282980101,
(hereinafter referred to as "Defendant" vehicle). The Defendant vehicle was then and
c
there being operated by the Defendant with the knowledge, consent and permission of
the owners of the vehicle.
5. Bridge Street, also known as State Route 2035, is a public roadway running
generally in a north-south direction running through the town of New Cumberland,
Pennsylvania. 3`d Avenue is a public roadway running generally in an east-west direction,
which intersects with Bridge Street.
6. On or about March 11, 2000, at approximately 6:30 p.m., Defendant was
traveling south on Bridge Street in the left lane closer to the double yellow line, when she
struck the Plaintiff, Scott R. Martin, a pedestrian, as he was proceeding in a westerly
direction across Bridge Street in a marked crosswalk at its intersection with 3`d Avenue.
7. The injuries and damages set forth herein were the direct and proximate
result of the negligence of the Defendant, generally, and in the following respects:
a. In operating said vehicle at a high, dangerous and reckless speed under the
circumstances;
b. In failing to keep said vehicle under proper control under the circumstances;
C. In operating said vehicle in an erratic manner;
d. In failing to operate said vehicle with proper caution;
e. In failing to maintain a proper lookout for plaintiff upon the roadway
attempting to cross the street in the marked crosswalk;
f. In failing to approach an intersection with due regard for the safety
of others, including plaintiff;
g. In continuing to operate said vehicle in a direction toward the Plaintiff when
Defendant saw or in the exercise of reasonable care should have seen that
further operation of the vehicle in that direction would cause the vehicle to
strike Plaintiff;
h. In failing to operate the brakes in such a manner that said vehicle could be
stopped before striking the Plaintiff;
In failing to observe with reasonable care the location of Plaintiff;
In being inattentive and failing to maintain a proper lookout of the road and
surrounding area;
k. In failing to sound a horn or give other warning to Plaintiff as Defendant was
operating said vehicle;
In failing to keep and maintain said vehicle in proper mechanical condition;
M. In failing to properly inspect said vehicle to determine any mechanical
defects;
n. In the alternative, in continuing to operate said vehicle on a public roadway
in disregard of the safety of other persons, such as the Plaintiff, when
Defendant knew or in the exercise of reasonable care should have known,
that said vehicle had a mechanical problem or problems which could result
in an accident and of not ceasing the use of said vehicle until a person or
persons qualified to do so inspected said vehicle for mechanical defects
and remedied same, if any;
o. In failing to observe the care and caution required under the circumstances;
p. In violating the ordinances of New Cumberland, the County of Cumberland
and the Motor Vehicle Code of the Commonwealth of Pennsylvania,
including but not limited to:
(1) 75 Pa. C.S.A. Section 3321 by failing to approach an intersection
with due regard for the safety of others;
(2) 75 Pa. C.S.A. Section 3542 by failing to yield the right of way to a
pedestrian within a marked crosswalk;
(3) 75 Pa. C.S.A. Section 3361 by driving a vehicle at a speed greater
than was reasonable and prudent under the circumstances;
(4) 75 Pa. C.S.A. Section 3361 by failing to have due regard for the
actual and potential hazards then and there existing;
(5) 75 Pa. C.S.A. Section 3361 by operating said vehicle at a speed
greater than would permit Defendant to bring said vehicle to a stop
within the assured clear distance;
(6) 75 Pa. C.S.A. Section 3714 by recklessly driving a vehicle in
careless disregard for the safety of persons including the Plaintiff.
q. In otherwise failing to accord Plaintiff the care owed to him under all the
attendant circumstances;
r. In otherwise being negligent and careless, in otherwise acting or failing to
act in connection with the operation, maintenance and use of said vehicle in
such a manner as would cause injury, under the facts and circumstances as
set forth in this Complaint, and as shall appear from the facts of this case,
such facts presently within the knowledge or under the control of the
Defendants or others, and which will be revealed during the course of
discovery and trial in this case, including testimony from Defendant, or
others, and from records, documents, or other writings in Defendant's
possession or produced during discovery or trial.
8. As the result of the negligence of the Defendant as aforesaid, Plaintiff, Scott
R. Martin, sustained the following injuries all of which are, or may be, of a permanent
nature and which are more fully set forth in his medical records and reports:
a. Injuries to the bones, muscles tissues and ligaments of his right knee,
right leg, head, neck, back, kidney, liver, fingers, jaw, spine and other
parts of his body;
b. Injury to right knee;
c. Injury to neck and lower back,
d. Cervical strain/sprain
e. Lumbar strain/sprain;
f. Right knee medial collateral ligament sprain;
g. Internal derangement right knee;
h. Tear of posterior horn of right medial meniscus;
i. Grade IV chondromalacia patellofemoral joint, right knee;
j. Grade II, Grade III degenerative joint disease medial femoral condyle,
right knee;
k. Intrasubstance anterior cruciate ligament tear, right knee;
1. Hiatle hernia;
m. Injured jaw;
n. Injured right ring finger requiring three stitches;
o. Neck and back strain, sprain, limited range of motion;
p. Spondylosis and malalignment at C5-C6 vertebrae;
q. Neural foraminal narrowing on the left at C4-C5 and C5-C6 vertebrae;
r. Neural foramina) narrowing bilaterally at C3-C4 vertebrae;
s. Frequent headaches, often severe and long-lasting;
t. Abrasions of right kidney and liver;
u. Various contusions, lacerations and/or abrasions;
v. Restricted daily activities;
w. Internal injuries and shock to the nervous system;
x. Permanent injuries, disfigurement and disability;
y. Serious impairment of bodily functions;
z. Other severe and serious injuries as set forth more fully in Plaintiffs
medical records and reports;
aa.In the alternative, if any injury or medical condition is proven to be
preexisting, aggravation of such preexisting injuries or medical
conditions.
9. As the result of these injuries Plaintiff, Scott R. Martin, has sustained the
following damages:
a. He has suffered serious, severe and permanent injuries to his body;
b. He has suffered and will suffer great pain, suffering, inconvenience,
humiliation, embarrassment and mental anguish and loss of the ordinary
pleasures of life and family life;
c. He has been and will be required to expend sums of money for medical
attention, surgeries, hospitalization, braces, crutches, medical supplies,
surgical appliances, medicines and attendant services;
d. His general health, strength and vitality have been impaired and will be
impaired in the future;
e. Loss of income, overtime pay, fringe benefits, including health
insurance, etc., and impairment of future earning capacity;
f. Inability to earn a living in his chosen field for which he attended twelve
years of college incurring substantial student loans which remain
outstanding;
g. Permanent injuries, disfigurement and disability;
h. Other damages to be determined.
WHEREFORE, in consideration of the foregoing, Plaintiff demands judgment
against Defendant in excess of the arbitration limits of this court, at the proper costs and
charges thereto.
JURY TRIAL DEMANDED
J
JEROME W. KIGE SQUIRE
AMY B. KUBISIAK, E QUIRE
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
VERIFICATION
The undersigned, having read the attached Complaint in Civil Action, verifies that
the within Complaint is based on information furnished to counsel, as well as information
gathered by counsel in the course of this lawsuit. The language of the Complaint is that
of counsel and not of the signer. Signer verifies that he has read the within Complaint
and that it is true and correct to the best of the signer's knowledge, information and belief.
To the extent that the contents of the Complaint are that of counsel, I have relied upon
counsel in making this Verification. This Verification is made subject to the penalties of
18 Pa. C.S. 4904 relating to unsworn falsifications to authorities.
Date: MAY 16, 2002
M RTIN
CERTIFICATE OF SERVICE
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the
within Complaint in Civil Action was served to the following via U.S. First Class, postage
'VI
prepaid this ?? of 2002:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
ATTORNEYS FOR DEFNENDANT
AMY. KUBISIAk<, ESQUIRE
KIG _. R & ALPERN
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEYS FOR PLAINTIFF
Bch i bi + B
(412) 765-1811
JEROME W. KIGER
AMY B. KLTBISIAK
February 14, 2006
Jerome W. Kiger
ATTORNEYS AT LAW
1404 GRANT BUILDING
1
PITTSBURGH, PENNSYLVANIA 15219-2301
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
RE: Our Client:
Date of Accident:
Our File No.:
Dear Matt:
Scott R. Martin
March 11, 2000
53700
This will confirm our conversation today at the Call of the List.
2 I ?o - t) ?9s
F E r i 6 2005
FAX (412) 765-0440
As you will recall, on January 10, 2006, you filed a Praecipe for Trial asserting that the case was
ready for trial. The case was listed on the March 13, 2006 trial list.
Late yesterday afternoon, I was advised by your associate Amanda Stombaugh, Esquire that you
would be requesting a continuance of the case from the March 13, 2006 trial list because you
anticipated getting an economics report.
Today, you further advised that you have two cases scheduled for trial in March in the E.D.Pa.--
Federal Court.
During the call, I requested that the court limit Defendant to only obtaining an economic report
during the time the case is continued from the March Trial List.
Judge Oler advised that if this issue arose during the time the case is continued, the parties should
file a Motion and ask the Court Administrator to direct the Motion(s) to his attention for disposition.
You advised you would advise if you would be requesting an examination of Plaintiff.
You also advised that you would recommend this case be mediated. I advised today that the
Plaintiff agrees to mediation. Please provide names of acceptable mediators.
Matthew L. Owens, Esquire
February 14, 2006
Page 2
If you have any questions, please advise.
Nry truly yours,
U&djjl/?
AMY B. KUBISIAK
ABK\bhs
M:WGER\Mar in.SUno-33.LTR.doc
Exhi b+ C
A REGI DEFENSE LITIGATION LAW FIRM
'MARSHALL, DENN MY, WARNER, COLEMAN cB g299IN PRNN
e
wu
Bethl
eem
h
A P R O F E S S I O N A L C O R P O R A T 1 O N www.manhaff&nnehey.com st
m
m
Doyles
town
r
Ha
urisburg
King of Prussia
Philadelphia
Pitmburgh
4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Scranton
Williamsport
(717) 651-3500 • Fax (717) 651-9630 NRWJ?'
ll
Cherry Hill
Roseland
DRLAWARR
Direct Dial: 717-651-3501 Wilmington
OIUO
Email: mlowens@mdwc
co Akron
g.
m IDA
Ft. Lauderdale
JaclLtonVille
Orlando
Tampa
March 15, 2006
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
RE: Scott Martin v. Denise Cuthbertson
Cumberland County CCP, No. 02-1183 Civil Term
Our File No. 12180-01695
Dear Ms. Kubisiak:
As you know, the above-captioned matter has been continued from the March term of court. I believe
the next term is May, 2006.
I reviewed my file and it appears that we were planning to schedule an IME but then decided to simply
use our records review as evidence in the case. I was later informed that you would be presenting a vocational
expert. Of course, our initial discovery requests asked for identification of any experts and the same was never
supplemented until your contact with my associate, Amanda Stombaugh, Esquire (who no longer is employed
by our firm). I will, of course, retain a vocational expert, however, I may now need to have your client
examined for this purpose and in order to adequately defend the interests of my client. I can hardly imagine a
judge denying that request and my purpose is not to inconvenience your client, however, I believe I am entitled
to have your client examined now that you are producing a vocational expert.
Please contact me so we can discuss this matter and conclude discovery so that this matter is ripe for
trial during the next term of court in Cumberland County.
Your attention and response is appreciated.
Very trul
MA'
MLO/acz
\05_A\LIAB\M LO W ENS \CORR\215622\ACZI LLA\ 12180\01695
.
A REGION DEFENSE LITIGATION LAW FIRM
UwHA.LL, DENNEHEY, WARNER, COLEMAN GOGGIN?
P a o P E s s 1 o N A L C O R P O R A T t o N www.marshalldennehey.com
4200 Crums Mill Road, Suite B - Harrisburg, PA 17112
(717) 651-3500 • Fax (717) 651-9630
Direct Dial: 717-651-3501
Email: mlowens@mdwcg.com
April 6, 2006
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
RE: Scott Martin v. Denise Cuthbertson
Cumberland County CCP, No. 02-1183 Civil Term
Our File No. 12180-01695
Dear Ms. Kubisiak:
ft"NWI LAMA
BetNehern
Doylestown
Erie
Harrisburg
King of Prussia
Philadelphia
Pittsburgh
Scranton
Williamsport
N8W JRUEY
Cherry Hill
Roseland
Das.AvARB
Wilmington
OM0
Akron
FwzuDA
Ft. Lauderdale
Jacksonville
Orlando
Tampa
MEATTORNEYSATLAW
Thank you for forwarding me the economic expert report on behalf of your client. I have no authority
for mediation at this time but will further discuss the concept with my client. Of course, I will be retaining an
economic expert as well as a vocational expert to respond to Donal Kirwan's report. In light of the conclusions
of that report and based upon the fact that Mr. Kirwan bases his findings on Dr. Goodman's examination and
medical records concerning the Plaintiff, I very well may need to have your client examined in an IME setting.
I will contact you with respect to these issues in the
. Your attention is appreciated.
Very truly
MA
MLO/acz
\05_A\LIAB\MLO WENS\CORR\217709\ACZILLA\12180\01695
2006/JUN/26/M0N 10-09 CHARLES H ALPERN FAX No.4127650440 P. 001
r
(412) 765-1811
MROME W. MGER
ANY 8. KU]az5>,a K
FAX TO:
FAX NO:
RE:
FAX SENT BY:
DATE:
TRANSMITTED BY:
NO. OF PAGES:
Jerome W. Kiger
ATTORiV, YS A.x it.A,W
1404 GRANT BUMPING
PrrTS> mmi, PENNsnvANu 18219-2301
'z ?U- of(0g5--
FAX (412) 765-0440
MAMIEW L. OWENS, ESQUIRE
(717) 651-9630
SCOTT MARTIN VS. DENISE CUTHDERTSON
AMY B. KUBISIAK, ESQUIRE
6/26/06
bhs
2 (including cover sheet)
The Information contained in this facsimile message Is ATTORNEY PRIVILEGED AND CONFIDENTIAL, intended oNy for the use of the Individual or
entity named above. If the reader of Ihls message is not the intended recipient or the employee or agent responsble to deliver it to the intended
recipient, you are hereby notified that any dissemination, distribution, or copying of this communicatlon Is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U. S, postal
service.
2006/?UN/26/MON 10.10
(412)765-10x1
mobs W.IQVWRR
ANY B. KUBISIAK
June 26, 2006
CHARLES H ALPERN FAX No.4127650440
Jerome W. Kiger
ArmRmys AT LAw
1404 GRANT Bunmwe
Purrs Rolf, PWg4 IVAM& 15214-230'1
VIA FAX ONLY
(717) 651-9630
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Cruets Mill Road, Suite B
Harrisburg, PA 17112
RE: Our Client:
Date of Accident:
Our File Wo.:
Door Matt:-
Scott R. MIU-tin
March 11, 2000
53700
P. 002
FAX (112) 7""0
I received your recent telephone message concerning scheduling Mr. Martins defense medical
examination with Dr. Litton.
In February when you requested that this case be continued from the Match trial list, you advised
you would not need au examination as Dr. Litton prepared a records review report.
We agreed to the continuance in order for you to obtain an economics report.
You also advised that mediation would occur if we agreed to your requested continuance.
You now are requesting an exam and only after one is done, will Laberty Mutual consider
mediation, which you advised you would highly recommend.
We will agree to allow Mr. Martin to be examined by Dr. Litton only if Liberty Mutual agrees to a
mediation and one is scheduled promptly.
Please advise,
If you have any questions, please advise.
Y Yo
4I5
ABKtbhs
I?:Wf)rRrMn?t?o.Sloao-35.1-'?-doc
Exhibit ?'
f . 11 A REclol
IMARSHALL? DENNEHEY, WARNER, COLEMAN 5 GOGGIN
A P R O F E S S I O N A L C O R P O R A T I O N www.marshafldennehey.com
4200 Crums Mill Road, Suite B - Harrisburg, PA 17112
(717) 651-3500 - Fax (717) 651-9630
Direct Dial: 717-651-3501
Email: mlowens@mdwcg.com
July 12, 2006
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
RE: Scott Martin v. Denise Cuthbertson
Cumberland County CCP, No. 02-1183 Civil Term
Our File No. 12180-01695
Dear Ms. Kubisiak:
2 11f D - /IP9Sr
'IFENSF LITICATION LAW FIRM
rsNNSYLVANIA
Bethlehem
Doylestown
Eric
Harrisburg
Newtown Square
Norristown
Phuadelphia
Pittsburgh
Scnnton
Williamsport
NewJMutiry
Cherry Hill
Roseland
DwAwAaus
Wilmington
OHIO
Akron
FWRWA
Ft. Lauderdale
Orlando
Tampa
M
ATr'0RNEYS-ATLAW
Please contact me as soon as possible regarding this matter. Apparently this case is being delayed in
that you will not cooperate in terms of producing your client for an IME. The reasons for the IME request have
been outlined in prior correspondence as well as to the Court when we argued trial readiness of this case at the
call of the list in the Cumberland County Court of Common Pleas.
I believe we agreed to continue the matter, however, you now seem to have an objection to the IME. I
can assure you that I will recommend that my principal participate in mediation, however, we must have the
IME completed in advance of pursuing mediation.
I trust this will be sufficient to permit cooperation. Please telephone me or send me an e-mail and let me
know that we can proceed with the IME as soon as possible.
Your attention is appreciated.
Very truly yours,
A1641 0"'n ? 6
MATTHEW L. OWENS
MLO/acz
\05_A\LIAB\ML0WENS\STAT\226206\ACZILLA\12180\01695
-,h
Jerome W. Ki r
ATTORNEYS AT LAW ` i JU L 7 2006
1404 GRANT BUILDING
(412) 765-1811 PITTSBURGH, PENNSYLVANIA 15219 2301 FAX (412) 7 -0440
JEROME W. KIGER
AMY B.KUBISIAK
July 21, 2006 VIA FAX & FIRST CLASS MAIL
(717) 651-9630
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
RE: Our Client:
Date of Accident:
Our File No.:
Dear Matt:
Scott R. Martin
March 11, 2000
53700
I received your July 12, 2006 letter. I have attempted contacting you by telephone and left
messages on this issue but you did not return my calls.
My June 26, 2006 letter provides you with our position on this matter. As you will recall, at the
continuance, I did not agree to a defense medical examination. I agreed to the continuance to allow
your office to obtain an economics report. You advised you did not need an exam because Dr.
Litton had performed a records review.
Please schedule the mediation and the medical exam by Dr. Litton can be scheduled before it
occurs.
If you have any questions, please advise.
V truly yours,
AMY B. KUBISIAK
ABK\bhs
M:\K1GER\Martin. S\mo-36. LTR.doc
I .. r
t.
^ N
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in futn
SCOTT R. MARTIN
VS.
DENISE S. CUTHBERTSON,
(Plaintiff)
(Defendant)
No. 02-1183, Civil Term
State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Motion to Compel Plaintiff to Attend and Independent Medical Examination
2. Identify counsel who will argue cases:
(a) for plaintiff:
Amy B. Kubisiak. Esquire
(Name and Address)
1404 Grant Building. Pittsburgh. PA 15219
(b) for defendant:
Matthew L. Owens. Esquire
(Name and Address)
4200 Crums Mill Road. Harrisburg. PA 17112
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
mm your name
Date: O "Z-4; K Attorney for Defendant, Denise Cuthbertson
?' p
rf` T
'
"
-vis?'• 9
? n'
!?-r.
s
y' C: •'
N
.-L
l
SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
DENISE S. CUTHBERSTON .
Defendant : NO. 02-1183 CIVIL TERM
ORDER OF COURT
AND NOW, this 31" day of August, 2006, upon consideration of Defendant's
Motion To Compel Plaintiff Scott Martin To Attend an Independent Medical
Examination, a Rule is hereby issued upon Plaintiff to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 10 days of service.
/MY B. Kubisiak, Esq.
Kiger & Alpern
1404 Grant Building
Pittsburgh, PA 15219-2301
Attorney for Plaintiff
J
Matthew L. Owens, Esq.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Attorney for Defendant
`t W
:rc
BY THE COURT,
r.
?lli`! V%i VS!`INJ'd
s? =z ?a t F 9t1? 9002
AUVi O-H-LU'1c1 3Hi ?Q
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN, No. 02-1183 CIVIL TERM
Plaintiff,
V.
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
ANSWER TO DEFENDANT'S MOTION
TO COMPEL PLAINTIFF TO ATTEND A
MEDICAL EXAMINATION
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
1404 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1811
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
ANSWER TO DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO ATTEND A
MEDICAL EXAMINIATION
Plaintiff, Scott Martin, by his attorneys, Jerome W. Kiger, Esquire and Amy B.
Kubisiak, Esquire files the following Answer to Defendant's Motion to Compel Plaintiff to
Attend a Medical Examination:
1. Admitted.
2. Admitted in part and denied in part. Plaintiff admits that he alleges that he
suffered injuries to his lower extremities as the result of the March 11, 2000 automobile
collision. It is denied that these are the only injuries he sustained in the accident. The
alleged injuries are set forth in Plaintiffs Complaint, which is incorporated herein by
reference.
3. Denied. After reasonable investigation, Plaintiff does not know the reasons
why defense counsel listed the matter for trial in January 2006. At that time, the case was
not yet ready for trial. Defense counsel did not consult with counsel for Plaintiff
concerning the retention of experts, etc., as is usual in a case like this, before certifying to
the court that the case was ready for trial.
4. Denied. In late 2005, after Plaintiff filed tax returns (to which extensions
were filed) for the applicable years of Plaintiff's alleged wage loss, etc., counsel for
Plaintiff requested that their economics expert prepare a report concerning Plaintiff's
wage loss and loss of future earning capacity. Once Plaintiff's economic report was
completed, it was provided to counsel for Defendant. Counsel for Defendant did not
consult with counsel for Plaintiff to learn that an economic report was forthcoming before
certifying that the case was ready for trial on January 5, 2006 and the case being placed
on the March 13, 2006 jury trial list.
5. Admitted.
6. Admitted. By further answer, at approximately 4:00 p.m. on February 13,
2006, the day before the call of the list, associate defense counsel, Amanda Stombaugh,
called counsel for Plaintiff, Amy B. Kubisiak, located in Pittsburgh, and advised that
Defendant would be requesting a continuance at the call of the list at 9:00 a.m. the next
morning because Defendant desired to obtain a defense economics expert report.
Counsel for Plaintiff requested that Ms. Stombaugh ask Attorney Matthew Owens to call
her to further discuss his reasons for the continuance. Attorney Owens did not contact
counsel for Plaintiff thereby requiring counsel for Plaintiff to travel to Cumberland County
to attend the call of the list.
7. Admitted in part and denied in part. When Attorney Owens arrived at the
call of the list on the morning of February 14, 2006, he advised counsel for Plaintiff that
he was requesting the continuance because he anticipated obtaining a defense
economics report. Attorney Owens also advised at this time that he was requesting the
continuance because he had two trials scheduled for March 2006 in federal court for the
Eastern District of Pennsylvania.
Counsel for Plaintiff also requested whether counsel for Defendant would be
requesting any additional discovery and stated that she would not agree to continue the
case for anything other than allowing the Defendant to obtain an economics report.
When the case was called by the Court, Attorney Owens requested the
continuance. Attorney Kubisiak then specifically requested that the Court limit the
Defendant to obtaining only an economics report during the time that the case was
continued from the March 13, 2006 trial list. Counsel for Plaintiff did not agree to open
ended discovery during the time of the continuance as counsel for Defendant states in his
July 12, 2006 letter (attached as Exhibit F to Defendant's Motion to Compel).
The Honorable J. Wesley Oler, Jr. granted the Defendant's request for a
continuance and advised counsel from the bench that if the issue of additional discovery
arose during the continuance, the parties should file a motion and ask the Court
Administrator's office to direct the motion to his attention for disposition.
8. Denied as stated. At the meeting before the call of the list, Attorney Owens
advised that he did not believe he would need Plaintiff to undergo a medical examination
because he already had a records review performed by Dr. Litton. Attorney Owens also
advised that mediation could occur after the continuance was granted and that he would
highly recommend it to Liberty Mutual, the insurer of Plaintiff. Counsel for Plaintiff
advised that day, as she had in the past, that Plaintiff agreed to participate in mediation.
9. Admitted.
10. Admitted.
11-12. Denied as stated. In June and July 2006, counsel for Plaintiff was
contacted by a representative of a company out of Philadelphia that was retained by
counsel for Defendant to coordinate the scheduling of the medical examination. Counsel
for Plaintiff advised this representative on several occasions that counsel had unresolved
issues concerning this examination. On June 22, 2006, Attorney Owens left a voice mail
message for Attorney Kubisiak advising that he would strongly recommend mediation to
Liberty Mutual but if counsel for Plaintiff did not agree to make the Plaintiff available for a
medical examination by Dr. Litton it would create a stalemate in the case. On June 26,
2006, Attorney Kubisiak sent Attorney Owens a fax advising that based on Attorney
Owens' representations on February 14, 2006 at the call of the list, that mediation should
occur and that once authorized by Liberty Mutual or scheduled, we would then make
Plaintiff available for a medical examination before the mediation occurred.
By way of further answer, Plaintiff's counsel attaches her letter to Attorney Owens
dated August 25, 2006 as Exhibit 1.
13. Denied as stated. Over six months have passed since the case was
continued at Defendant's request after he prematurely certified the case as ready for trial
in January 2006. Apparently, counsel for Defendant has still not "highly recommended"
mediation to Liberty Mutual and has not provided Defendant's economic expert's report. A
medical examination is not required for such a report to be completed. Defendant's
expert can consult Dr. Litton's records review report and/or amend his report after the
medical examination occurs once Liberty Mutual authorizes the mediation or it is
scheduled.
14. Denied as stated. Normally, counsel for Plaintiff agrees to a Defendant's
request for a medical examination. However, all that has occurred surrounding the
continuance and mediation, and the fact that counsel for Defendant certified that the case
was ready for trial in January 2006 when it was not, the Plaintiff's requested resolution is
a reasonable compromise of this dispute between counsel.
15. Admitted.
16. Denied as stated. See Paragraph 14 above.
17. Admitted.
18. Admitted. However, Plaintiff's proposal that the mediation be authorized by
Liberty Mutual or scheduled before the medical examination occurs is a reasonable
compromise of this dispute.
19. Denied as stated.
20. Denied.
21. Denied as stated.
WHEREFORE, in consideration of the foregoing, Plaintiff requests that this
Honorable Court enter an order that mediation in this case be scheduled before Plaintiff
undergoes a medical examination.
JEROME WIGER, ESQUIRE
AMY B. KU ISIAK, ESQUIRE
1404 Grant Building
Pittsburgh, PA 15219
(412) 756-1811
ATTORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
NOW, this
day of
2006 it is ORDERED that
mediation be scheduled in the above-captioned case. After Liberty Mutual authorizes
mediation, but before mediation occurs, Plaintiff will submit to a Medical Examination by
No. 02-1183 CIVIL TERM
a medical doctor of defense counsel's choosing.
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the
within Answer to Motion to Compel Plaintiff to Attend a Medical Examination "s served
to the following via U.S. First Class, postage prepaid this day
of , 2006:
Matthew L. Owens, Esquire
Marshall, Dennehy, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
4 A,* 11,
A WY B. KUBISIAK, ESQUIRE
1404 Grant Building
Pittsburgh, PA 15219
(412) 765-1811
ATTORNEY FOR PLAINTIFF
? cam
to
r -0 970
'' 17i s iJ
. . `
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
MOTION TO MAKE RULE ABSOLUTE
AND NOW comes the Defendant through her attorneys, Marshall, Dennehey, Warner,
Coleman & Goggin and files the within Motion to Make Rule Absolute and states in support
thereof the following:
1. On May 20, 2002, Plaintiff instituted this action by filing a Complaint in the
Cumberland County Court of Common Pleas at No. 02-183 Civil Term.
2. On August 28, 2006, Defendant filed a Motion to Compel Plaintiff to submit to an
Independent Medical Examination to be conducted by a medical doctor of defense counsel's
choosing and to be completed before the end of November 2006.
3. On August 31, 2006, the Court issued a Rule to Show Cause why the relief
requested should not be ordered.
4. The Rule issued by the Court expired on September 25, 2006.
5. Plaintiffs counsel has not responded to the Rule to Show Cause in the time
provided, and therefore, the moving party now requests appropriate relief.
.} •4v?
6. Defendant now respectfully requests that this Honorable Court make the Rule
absolute and grant Defendant's Motion to Compel Plaintiff (Scott Martin) to Attend an
Independent Medical Examination pursuant to Pa.R.C.P. 4010(a)(2) and (3).
WHEREFORE, Moving Defendant (Denise Cuthbertson) respectfully requests that this
Honorable Court grant this Motion by making the Rule absolute and entering an order
compelling Plaintiff to submit to an Independent Medical Examination to be conducted by a
medical doctor of Defendant's choosing to be completed before the end of November, 2006.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
M 04)?vxs GsPI)
BY:
MATTHEW L. OWENS, ESQUIRE
I.D. No. 76080
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3501
DATE: r0 Z Attorneys for the Defendant
\05 A\LIAB\GSMCINROY\LLPG\233332\ACZILLA\12180\01695
2
. , A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
CERTIFICATE OF SERVICE
an employee of Marshall, Dennehey, Warner, Coleman &
Goggin, do hereby certify that on this oZnxday of October, 2006, I served a copy of the
foregoing document via First Class United States mail, postage prepaid as follows:
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
__ ,
~ I
i,? P 1
_
.-^?
r":=F
,??_
?-
_..
?, ?z
:, ; ,
r y.
?.. ?,
y
? M
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
ORDER
OCT 0 5 200
AND NOW, this day of 12 Lt • , 2006, upon review of the
Motion of Defendant to Make the Rule Absolute, and the lack of response of Plaintiffs, it is
hereby ORDERED and DECREED that the Rule is made absolute, and Plaintiff (Scott Martin)
is hereby ORDERED to submit to an Independent Medical Examination to be conducted by a
medical doctor of Defendant's choosing to be completed before the end of November, 2006.
O?
i
b?
r.
BY THE COURT:
-I A
J.
Co
w ?
.:.
1w
_
LL-
0 %XMi J
A
SCOTT R. MARTIN,
Plaintiff
V.
DENISE CUTHBERTSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1183 CIVIL TERM
IN RE: DEFENDANT'S MOTION TO
MAKE RULE ABSOLUTE
ORDER OF COURT
AND NOW, this 11th day of October, 2006, upon consideration of the attached
letter from Geoffrey S. McInroy, Esq., attorney for Defendant, the order of court dated
October 6, 2006, is hereby vacated. Defendant's Motion To Compel Plaintiff To Attend
a Medical Examination will be ruled on on the basis of the motion and answer submitted.
BY THE COURT,
Xmy B. Kubisiak, Esq.
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
Attorney for Plaintiff
Matthew L. Owens, Esq.
Geoffrey S. McInroy, Esq.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17102
Attorneys for Defendant
:rc
J.
:?A J-0
10-n-2006 15:40 From-MARSHALL DENNEHEY +7172321849 T-576 P.002/002 F-681
H IN r.k.IvrvAL vr.rt1*43r L 14wi,. v "... .. .,..
PW MSYLVAMA
COLEMAN j NOGGIN
SARI R
D»1VNII?EX
I AII
NURs ykh?
owa
?
,
.,
Erie
Elie
A P R O P E S$ 1 0 N A 1 G 0 A P 0 A A T 1 O N www.NwS1 caud2Cy.C0M FlArri7b=g
I,-QQ of Psussu
ftubnrgh
sconm
Wini msporc
4200 Crums Mill Road, Suite B - Harrisbarg, PA 17112 NhWjomY
CIL in
(717) 651-3500 - Fax (717) 651-9630 11os°laad
I.n WARB
Wihaington
Direct Dial: 717-651-3510 0M0
Akron
FIMMA
Email: gsmcinroy@mdwcg.com Ft. LAgdenhk
Jacksonville
Odmdo
m mpa
October 9, 2006
VIA FAX AND REGULAR MAIL
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
RE: Motion to Make Rule Absolute
Scott Martin v. Denise Cuthbertson
Cumberland County CCP, No. 02-1183 Civil Term
Our File No. 12180-01695
Dear Judge:
Please be advised that I am assisting Attorney Matt Owens with the above-captioned matter. It has
come to ray attention that the Plaintiffs counsel apparently filed a Response to the Rule to Show Cause.
Although I did not receive a copy of the Response, Attorney Kubisiak assures that she did respond. Although it
does not change the substance of my request to make the rule absolute, it may impact upon your decision on
that motion.
Perhaps it would be best to schedule a date for argument on the Motion to make the rule absolute so that
we may perfect a record. If you have any comments or questions, please do not hesitate to contact Attorney
Owens or myself.
GSM/acz
cc: Amy B. Kubisiak, Esquire
SCOTT R. MARTIN,
Plaintiff
V.
DENISE CUTHBERTSON,:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1183 CIVIL TERM
IN RE: MOTION TO MAKE RULE ABSOLUTE
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 24th day of October, 2006, upon consideration of (a) Defendant's
Motion To Compel Plaintiff To Attend a Medical Examination, (b) Plaintiffs Answer to
Defendant's Motion To Compel Plaintiff To Attend a Medical Examination, (3)
Defendant's Motion To Make Rule Absolute, and (4) Defendant's praecipe listing this
issue for argument court, the Rule issued on August 31, 2006, is made absolute, and
Plaintiff (Scott Martin) is hereby ordered to submit to an Independent Medical
Examination to be conducted by a medical doctor of Defendant's choosing to be
completed before the end of November, 2006, and this matter is stricken from the
argument court list.
Amy B. Kubisiak, Esq.
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
Attorney for Plaintiff
,/Matthew L. Owens, Esq.
Geoffrey S. McInroy, Esq.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17102
Attorneys for Defendant
BY THE COURT, I
r r ? /
Jj Wesley Oler, Jr., J.
rc
VIN'?'r'^?? i},SNN3d
nC :, W8 ?z 100 9001
SCOTT R. MARTIN,
Plaintiff
V.
DENISE CUTHBERTSON,:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1183 CIVIL TERM
ORDER OF COURT
AND NOW, this 17`h day of November, 2006, upon consideration of the attached
letter from Geoffrey S. McInroy, Esq., attorney for Defendant, and with the concurrence
of Amy B. Kubisiak, Esq., attorney for Plaintiff, the deadline for Plaintiff (Scott Martin)
to submit to an Independent Medical Examination previously set to be completed before
the end of November, 2006, is hereby extended to December 13, 2006.
BY THE COURT,
Amy B. Kubisiak, Esq.
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
Attorney for Plaintiff
Matthew L. Owens, Esq.
Geoffrey S. McInroy, Esq.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17102
Attorneys for Defendant
:rc
0 ? H' d , iN SOisZ,
r?
A REGIONAL DEFENSE LITIGATION LAW FfRM
/ PENNSYLYAMA
Behem
eoylestto-
MARSHALL DENNEHEY WARNER COLEMAN 8 GOGGIN D
Erie
A P R O F E S S I O N A L C O R P O R A T 1 O N www.marshaUdennehey.com Harrisburg
King of Prussia
Philadelphia
Pittsburgh
Scranton
4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Williamsport
(717) 651-3500 - Fax (717) 651-9630 Cherry Hill
Roseland
Direct Dial: 717-651-3510
Email: gsmcinroy@mdwcg.com
November 7, 2006
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Compelled IME of Plaintiff
Scott Martin v. Denise Cuthbertson
Cumberland County CCP, No. 02-1183 Civil Term
Our File No. 12180-01695
Dear Judge Oler:
DELAWARE
Wilmington
0M0
Akron
PLORMA
Ft. Lauderdale
Jacksonville
Orlando
Tampa
Please continue to be advised that I am assisting attorney Matt Owens with the above-captioned matter.
I have been in contact with the scheduling department of Dr. Litton for the purpose of scheduling the plaintiffs
IME. Dr. Litton's earliest opening for an IME is December 13, 2006, at 8:30 a.m.
I have spoken with plaintiffs counsel about a December 13, 2006 IME with her client at 8:30 a.m.. She
concurred with an extension of time in which the IME may be conducted. I told her of the December 13, 2006,
8:30 a.m. time slot, and she confirmed with her client that he indeed plans to present for that examination. As
such, please extend the deadline to December 13, 2006 with plaintiffs concurrence.
If you have any comments or questions, please do not hesitate to contact myself or attorney Owens.
Very trul s,
Geoffrey S. McInroy
GSM:mgw
cc: Amy B. Kubisiak, Esquire
\05 A\LIAB\GSMCINROY\CORR\236994\MGWHITE\12180\01695
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff NO. 02-1183 CIVIL TERM
V. CIVIL ACTION - LAW
DENISE S. CUTHBERTSON,
Defendant
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Matthew L. Owens, Esquire on behalf of Defendant,
Denise S. Cuthbertson, with respect to the above-referenced matter.
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
DATE: BY: //?
Matthew L. Owens, Esquire
Cy rv
?
'
_
(I =-•
(-_?
? ??
pp
W
.. .? ?ti?
- ... ?r-
""'
? ?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
V.
DENISE S. CUTHBERTSON,
Defendant
TO THE PROTHONOTARY:
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
Kindly enter the appearance of Christopher M. Reeser, Esquire on behalf of Defendant,
Denise S. Cuthbertson, with respect to the above-referenced matter.
DATE: I,21,1o_?_
Plaintiff NO. 02-1183 CIVIL TERM
MARSHALL, DENNEHEY, WARNER,
COLEMAN GOGGIN
BY:
Christopher M. Reeser, Esquire
I.D. # 73632
4200 Crums Mill Rd.
Harrisburg, PA 17112
(717) 651-3509
x?
z=
i
°T3
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
V.
DENISE S. CUTHBERTSON,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on thi? L day of January, 2009, I served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Amy B. Kubisiak, Esquire
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
Plaintiff NO. 02-1183 CIVIL TERM
t.°'s
?
?; x
?-=++ ia.
?,
' w" ? i
CTti "i ???
.,.? }`?i
';f
•
Y
1?
..
.w... ^G.
RELEASE OF PERSONAL PROPERTY FROM ESCROW
Whereas SCOTT ROBERT MARTIN , of 112-54-109540 by a bond
(Name) (Place of Residence)
for the performance of U.S. Government Contract Number 367-66-1308
became a surety for the complete and successful performance of said contract, and Whereas
said surety has placed certain personal property in escrow
in Account Number DOCKET NUMBER: 2002-01183 on deposit
CUMBERLAND COUNTY COURT OF COMMON
at PLEAS, PENNSYLVANIA
(Name of Financial Institution)
located at 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 and
(Address of Financial Institution)
Whereas I, scott robert [for the family martin] , being a duly authorized
representative of the United States government as a warranted contracting officer, have
determined that retention in escrow of the following property is no longer required to ensure
further performance of the said Government contract or satisfaction of claims arising
therefrom:
BRDERTSEfTCE RND L'LO1-TE SASE, WITH PREJUDICE, F?eurn ALt?ro?ertyched)
Release
ALL Titles and Orders of the court to the living man, and process all tax documents timely.
and
Whereas the surety remains liable to the United States Government for the continued
performance of the said Government contract and satisfaction of claims pertaining thereto.
Now, therefore, this agreement witnesseth that the Government hereby releases from escrow
the property listed above, and directs the custodian of the aforementioned escrow account to
deliver the listed property to the surety. If the listed property comprises the whole of the
property placed in escrow in the aforementioned escrow account, the Government further
directs the custodian to close the account and to return all property therein to the surety, along
with any interest accruing which remains after the deduction of any fees lawfully owed to
CUMBERLAND COUNTY COURT OF COMMON PLEAS, PEN NSYLVAN
(Name of Financial Institution)
[Date]
June 26, 2009
AUTHORIZED FOR LOCAL REPRODUCTION
[Signatu
Seal
OPTIONAL FORM 91 (1-9o)
Prescribed by GSA-FAR (48 CFR) 53.228(0)
??
I"?
,. _... ?'
j .. i; ,
AFFIDAVIT OF INDMDUAL SURETY
(See insftcdbns on revorse)
Number: 9000-0001
ts: 6/30/2011
Public reporting burden for this collection of infompdion a eethra?ed to average 0.4 hours per response, Including the time for reviewing instructions, searching existing data sources,
gathering of and information, maintaining incthe luding including data needed, and
collection for mreducptsdnq and reviewodrp the collection of iM,om?tiOn. Send comments regarding this burden estimate or any other aspect of this
p suggestions for irtp this burden, to the Regulatory Secretariat (VPR), Office of Acquisition Policy, GSA, Washington, DC 20405.
STATE OF
PENNSYLVANIA
?xEA1k1
SS.
', L, M u' wcraignea, 00ln9 duly sworn, repose and say that I am: (1) the surety to the attached bond(s); (2) a citizen of the United States; and of full age and
legally competent. I also depose and say that, concerning any stocks or bonds Included In the assets listed below, that there are no restrictions on the resale of
these securities pursuant to the registration provisions of Section 5 of the Securities Act of 1933. 1 recognize that statements contained herein concern a matter
within the jurisdiction of an agency of the United States and the making of a false, fictitious or fraudulent statement may render the maker subject to prosecution
under Title 18, United States Code Sections 1001 and 494. This affidavit is made to induce the United States of America to accept me as surety on the attached
bond.
1. NA (First, e, a vas or Pifnt)
?.,..? _. ---
SCOTT ROBERT MARTIN
SURETY/ LIFETIME
C/O 298 PORTVILLE CERES ROAD, ROUTE 417, 2No FLOOR
PORTVILLE, NEW YORK 14770
1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013
- -- - ---- r_ NumlStK
(Number, Street City, State, zlPCode) i -Qrn%J11 HOME -
DEPOSITORY TRUST COMPANY N/A
55 WATER STREET, NEW YORK, NY 10041 BUSINESS - N/A
7. THE FOLLOWING IS A TRUE REPRESENTATION OF THE ASSETS I HAVE PLEDGED TO THE UNITED STATES IN SUPPORT OF THE ATTACHED BOND:
(a) Real estate (Include a legal description, street address and oftridsnWng do- ipdon; the market value, attach supponYng certified documents including recorded
lien; evidence of dt/e and the current tax assessment of the property. For market value approach, also provide a current appraisal.)
DOCKET NUMBER: 2002-01183
see OPTIONAL FORM 91- RELEASE OF PERSONAL PROPERTY FROM ESCROW (attached)
(b) Assets other than real estate (describe the assets, the details of the escrow account, and attach certified evidence thereofj.
8. IDENTIFY ALL MOT GES, LIENS, JUDGEMENTS, OR ANY OTHER ENCUMBRANCES INVOLVING SUBJECTASSETS INCLUDIN R ESTAT TAXES DUE AND
PAYABLE.
E
DOCKET NUMBER: 2002-01183 OPTIONAL FORM 91
9. IDENTIFY ALL BONDS, INCLUDING BID GUARANTEES, FOR WHICH THE SUBJECT ASSETS HAVE BEEN PLEDGED WITHIN 3 YEARS PRIOR TO THE DATE OF
EXECUTION OF THIS AFFIDAVIT.
112-54-109540 /seethe following attachment: OPTIONAL FORM 91
a.
1
z .2 oo
c. NAMPrAND TrrLE OF OFFICIAL ADMINISTERINC
(Type or print)
i 7. 9UND AND CONTWZT M
OPTIONAL FORM 91
D AND W N TO EFORE ME AS FOLLOWS:
b. CiYjAn?NDDSTATE I (Orrotyeriotion) f/
AUTHORIZED FOR LOCAL REPRODUCTION CAROL A. EAR": r_?. Notary Public
Previous edition is not usable Eldred Borougl?, '''aunty of McKean
My Commis c'oi: C?;;:; s November 14,2C
Official "- -
Seal
EXPIRES
STANDARD FORM 28 (REV. 6/2003)
Prescribed by GSA-FAR (48 CFR) 53.228(e)
INSTRUCTIONS
•
1. Individual sureties on bonds executed in connection with Government contracts must complete and submit
this form with the bond. (See 48 CFR 28.203, 53.228(e).) The surety must have the completed form notarized.
2. No corporation, partnership, or other unincorporated association or firm, as such, is acceptable as an
individual surety. Likewise, members of a partnership are not acceptable as sureties on bonds that a
partnership or an association, or any co-partner or member thereof, is the principal obligor. However,
stockholders of corporate principals are acceptable provided (a) their qualifications are independent of their
stockholdings or financial interest therein, and (b) that the fact is expressed in the affidavit of justification. An
individual surety will not include any financial interest in assets connected with the principal on the bond that
this affidavit supports.
3. United States citizenship is a requirement for individual sureties for contracts and bonds when the contract is
awarded in the United States. However, when the Contracting Officer is located in an outlying area or a foreign
country, the individual surety is only required to be a permanent resident of the area or country in which the
contracting officer is located.
4. All signatures of the affidavit submitted must be originals. Affidavits bearing reproduced signatures are not
acceptable. An authorized person must sign the bond. Any person signing in a representative capacity (e.g.,
an attomey-in-fact) must furnish evidence of authority if that representative is not a member of a firm,
partnership, or joint venture, or an officer of the corporation involved.
STANDARD FORM 28 (REV. 612003) BACK
IRS FORM 56 - NOTICE CONCERNING FIDUCIARY RELATIONSHIP
and FIDUCIARY RELATIONSHIP CONTRACTS
HAVE BEEN ESTABLISHED BETWEEN THOSE LISTED BELOW
AND
Scott Robert Martin and Jo Ann Martin, separately, as
Trustee, Authorized Representative/Agent,
Third Party Intervenor and Secured Party Creditor
.FOR EACH CORPORATION KNOWN AS:
SCOTT ROBERT MARTIN and
JO ANN MARTIN f/k/a JO ANN MCCALL f/k/a JO ANN MALBERG
A copy of the contract with the CFO for the DTCC
has been included as a sample of these fiduciary relationship contracts.
Donald F. Donahue, CHIEF EXECUTIVE OFFICER
DEPOSITORY TRUST AND CLEARING CORPORATION
55 WATER STREET
NEW YORK, NEW YORK 10041
Ellen Fine Levine, CHIEF FINANCIAL OFFICER
DEPOSITORY TRUST AND CLEARING CORPORATION
55 WATER STREET
NEW YORK, NEW YORK 10041
Timothy F. Geithner, SECRETARY OF THE TREASURY
1500 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20220
Eric M. Thorson, INSPECTOR GENERAL OF THE UNITED STATES TREASURY
1500 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20220
Douglas Shulman, COMMISSIONER OF THE IRS
500 NORTH CAPITOL STREET, NW
WASHINGTON, DC 20221
John C. Dugan, COMPTROLLER OF THE CURRENCY
OFFICE OF THE COMPTROLLER OF THE CURRENCY
COMMUNICATIONS DIVISION
WASHINGTON, D.C. 20219
Gene Dodaro, COMPTROLLER GENERAL OF THE UNITED STATES (interim)
441 G STREET, NW
WASHINGTON, D.C. 20548
UNITED STATES POST REGISTERED MAIL
TRACKING # /" G7 ,JS/ /,-Ir'4 41S
June 26, 2009
From: SCOTT R. MARTIN, Principle
J.A. Martin, designated receiver
c/o 298 Portville Ceres Road, Route 417,
2nd Floor
Portville, New York 14770
SRM-06262009-FD/CFO
To: Dana Best, d.b.a. FINANCE DIRECTOR,
including successors and assigns,
jointly and severally; fiduciary.
CUMBERLAND COUNTY COURTS
1 COURTHOUSE SQUARE, ROOM 203
CARLISLE, PENNSYLVANIA 17013
Regarding: Full settlement and closure of account: 2002-01183 CIVIL TERM;
and all associated accounts, including any created ex-parte et al.
ORDER
WITHIN THE ADMIRALTY
You are hereby charged to settle and close this account with prejudice, process
all tax documents timely, release all liens, release all property from escrow and,
return all property to the Principle named hereon, c/o the designated receiver
referenced above and expunge the record.
In accordance with International Law UNCITRAL 1988.
WITHOUT RECOURSE
uthorized Representative
ORDER
WITHIN THE ADMIRALTY
page two
cc: File
cc: Gary Eichelberger, d.b.a. CHAIRMAN,
CUMBERLAND COUNTY BOARD OF COMMISSIONERS
cc: Mick Burkett, d.b.a. CUMBERLAND COUNTY RISK MANAGER
cc: Ellen Fine Levine, d.b.a. CHIEF FINANCIAL OFFICER,
DEPOSITORY TRUST AND CLEARING CORPORATION
cc: Timothy F. Geithner, d.b.a. SECRETARY OF THE TREASURY DEPARTMENT
OF THE UNITED STATES OF AMERICA
cc: John C. Dugan, d.b.a. COMPTROLLER OF THE CURRENCY
OF THE UNITED STATES OF AMERICA
cc: Gene Dodaro, d.b.a. COMPTROLLER GENERAL OF THE UNITED STATES
cc: Eric M. Thorson, d.b.a. INSPECTOR GENERAL OF THE UNITED STATES
TREASURY
Encl: Standard Form 2E, Optional Form 91
x
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
No. 02-1183 CIVIL TERM
V.
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
MOTION FOR LEAVE OF COURT FOR
COUNSEL TO WITHDRAW
APPEARANCE
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
1420 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1818
File No.: 53700
{
w x
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
Jerome W. Kiger, Esquire and Amy B. Kubisiak, Esquire, counsel of record for Plaintiffs,
file the within Motion for Leave of Court for Counsel to Withdraw Appearance, and in support
thereof avers as follows:
1. This is a negligence action for personal injuries arising out of a
pedestrian/automobile accident. The case was timely filed and served.
2. The case is not scheduled for trial
3. After having discussed this matter at length with Plaintiff, counsel is not willing to
continue representing the Plaintiff in this action because irreconcilable differences have arisen as to
the value, merit and conduct of the case.
4. The Motion to Withdraw was served on the client on December 8, 2009 by regular
mail and email.
5. There is no prejudice to any party if this Motion is granted.
2
WHEREFORE, counsel for Plaintiff respectfully requests this Court grant them leave to
withdraw their appearance on behalf of the Plaintiff at 02-1183 Civil Term.
J4.?'
JEROME W. KIGER, ESQUUE
AMY B. KUBISIAK, ESQUIRE
1420 GRANT BUILDING
PITTSBURGH, PA 15219
(412) 765-1818
3
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the within
Motion for Leave of Court for Counsel to withdraw Appearance served upon the following via
U.S. First Class Mail, Postage Prepaid, on this 6Av day of wJV '?009
Matthew L. Owens, Esquire
Owens Barcavage and McInroy, LLC
2000 Linglestown Road, Suite 303
Harrisburg, PA 17110
Scott R. Martin
c/o 11434 Bunker Highway
Eaton Rapids, MI 48827
VIA EMAIL ALSO
AMY B. KUBISIAK, ESQUIRE
1420 Grant Building
Pittsburgh, PA 15219
(412) 765-1818
5
"FILED-t FRCE
f,' THE P,,,',)P-unNr)TAFY
2D09 DEC 10 PM 2: %5 4
SCOTT R. MARTIN,
Plaintiff
V.
DENISE CUTHBERTSON,:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1183 CIVIL TERM
IN RE: PETITION FOR LEAVE OF COURT FOR
COUNSEL TO WITHDRAW APPEARANCE
ORDER OF COURT
AND NOW, this 14th day of December, 2009, upon consideration of the Petition
for Leave of Court for Counsel To Withdraw Appearance, a Rule is hereby issued upon
Plaintiff and Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of the date of this order.
BY THE COURT,
f 1
J Wesley Ole , Jr.,
Ole
Jme W. Kiger, Esq.
Amy B. Kubisiak, Esq.
KIGER & ALPERN
1404 Grant Building
Pittsburgh, PA 15219-2301
Attorney for Plaintiff
? Matthew L. Owens, Esq.
Geoffrey S. McInroy, Esq.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17102
Attorneys for Defendant
Scott R. Martin, Esq.
c/o 11434 Bunker Highway
Eaton Rapids, MI 48827
1? t ES Alai
I ;LI/? Sl ?4
FILE HJFFICE
QE THE PROTH !'N'OTARY
2009 DEC 14 PI'l 2: 29
cum,
IN THE COURT OF COMMON PLEAS OF FILD- r- l;;E
CUMBERLAND COUNTY, PENNSYLVANIX THE MO i HA?i? TARY
2010 JAN 1 I PM 4*- 12
SCOTT R. MARTIN,
No. 02-1183 CNII? p ?rr'`.JALiV1 1
i1?4 ?;1 LJf'?16h`
Plaintiff,
V.
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
MOTION TO MAKE RULE ABSOLUTE
FOR LEAVE OF COURT FOR
COUNSEL TO WITHDRAW
APPEARANCE
Filed on behalf of:
Plaintiff
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I.D. #70441
1420 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1818
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
Jerome W. Kiger, Esquire and Amy B. Kubisiak, Esquire, counsel of record for Plaintiffs,
file the within Motion to Make Rule Absolute for Leave of Court for Counsel to Withdraw
Appearance, and in support thereof avers as follows:
1. This is a negligence action for personal injuries arising out of a
pedestrian/automobile accident. The case was timely filed and served.
2. The case is not scheduled for trial
3. On December 10, 2009, Jerome W. Kiger, Esquire and Amy B. Kubisiak, Esquire
filed a Motion for Leave of Court for Counsel to Withdraw Appearance on behalf of Plaintiff.
4. On December 14, 2009, the Honorable J. Wesley Oler, Jr. signed an Order of Court,
attached hereto as Exhibit 1, issuing a rule upon Plaintiff and Defendant to show cause why the
relief requested should not be granted. The rule was returnable 20 days after the date of the Order,
or on or before January 4, 2010.
5. Plaintiff nor Defendant has filed a response to counsel's Motion for Leave of Court.
2
' • 1
WHEREFORE, counsel for Plaintiff respectfully requests this Court make the Rule issued
on December 14, 2009 Absolute and grant them leave to withdraw their appearance on behalf of the
Plaintiff at 02-1183 Civil Term.
JEROME W. KIGE SQUIRE
AMY B. KUBISIAK, ESQUIRE
1420 GRANT BUILDING
PITTSBURGH, PA 15219
(412) 765-1818
3
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the within
Motion to Make Rule Absolute for Leave of Court for Counsel to Withdraw Appearan a served
fl"A
upon the following via Email and U.S. First Class Mail, Postage Prepaid, on this day of
52010
Matthew L. Owens, Esquire
Owens Barcavage and McInroy, LLC
2000 Linglestown Road, Suite 303
Harrisburg, PA 17110
Scott R. Martin
c/o 11434 Bunker Highway
Eaton Rapids, MI 48827
AMY B. KUBI
1420 Grant Bui
Pittsburgh, PA
(412) 765-1818
15219
5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN, No. 02-1183 CIVIL TERM
Plaintiff,
V.
JAN 12 2010
DENISE CUTHBERTSON, N
:
Defendant. '
-?, - :12
ORDER OF C01 TRT
c ? ?S rn
AND NOW, this day of 7 n Q y rl
2010, upon C:D
,,;
consideration of the Motion to Withdraw Appearance as counsel for the Plaintiff, it is hereby
ORDERED that:
1. Jerome W. Kiger, Esquire, Amy B. Kubisiak, Esquire and their former law firm, Kiger &
Alpern, are granted leave to withdraw as counsel by filing a Praecipe for Withdrawal of Appearance
with the Prothonotary at the case filed at 02-1183 Civil Term.
2. A copy of this Order and the Praecipe for Withdrawal of Appearance shall be served on
the Plaintiff by sending a copy to Scott Martin by regular mail and email.
3. A copy of this Order and the Praecipe for Withdrawal of Appearance shall be served on
defense counsel by regular mail
e s aye or 90 days to perms am i to o tam new o Z L-
9
4
c= o i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN, No. 02-1183 CIVIL TERM
-c
Plaintiff,
v.
DENISE CUTHBERTSON, TYPE OF PLEADING:
Defendant.
PRAECIPE TO WITHDRAW
APPEARANCE
Filed on behalf of:
JEROME W. KIGER, ESQUIRE
PA. ID. NO. 15951
AMY B. KUBISIAK, ESQUIRE
PA I. D. #70441
1420 Grant Building
Pittsburgh, PA 15219-2301
(412) 765-1818
File No.: 53700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
To: PROTHONOTARY
Kindly withdraw the appearance as counsel of Jerome W. Kiger, Esquire and Amy
B. Kubisiak, Esquire and their former law firm Kiger & Alpem, on behalf of Plaintiff Scott
R. Martin in above-referenced case, per the Order of Court date January 14, 2010
attached hereto as Exhibit 1.
(11&io?MY B UBISIAK, ESQUIRE
1420 Grant Building
Pittsburgh, PA 15219
(412) 765-1818
JEROME W. KIGER, EGVUIRE
1420 Grant Building
Pittsburgh, PA 15219
(412) 765-1818
KIGER & ALPERN
.> t
By: JEROME W. KIeyR, ESQUIRE
1420 Grant Building
Pittsburgh, PA 15219
(412) 756-1818
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT R. MARTIN,
Plaintiff,
V.
DENISE CUTHBERTSON,
Defendant.
No. 02-1183 CIVIL TERM
JAN 12 2010
AND NOW, this -Ljd?s,_ day of 2010, upon
consideration of the Motion to Withdraw Appearance as counsel for the Plaintiff, it is hereby
ORDERED that:
1. Jerome W. Kiger, Esquire, Amy B. Kubisiak, Esquire and their former law firm, Kiger &
Alpem, are granted leave to withdraw as counsel by filing a Praecipe for Withdrawal of Appearance
with the Prothonotary at the case filed at 02-1183 Civil Term:
2. A copy of this Order and the Praecipe for Withdrawal of Appearance shall be served on
the Plaintiff by sending a copy to Scott Martin by regular mail and email.
3. A copy of this Order and the Praecipe for Withdrawal of Appearance shall be served on
defense counsel by regular mail
EXHIBIT
I --L-
4
I, Amy B. Kubisiak, Esquire, do hereby certify that a true and correct copy of the
within Praecipe to Withdraw AppeZ;71 o the following via U.S. First Class,
postage prepaid this (7 day 2010:
Matthew L. Owens, Esquire
Owens Barcavage and Mclnroy, LLC
2000 Linglestown Road, Suite 303
Harrisburg, PA 17110
Scott R. Martin
cto 11434 Bunker Highway
Eaton Rapids, MI 48827
Y . KUBISIAK, ESQUIRE
1420 Grant Building
Pittsburgh, PA 15219
(412) 765-1818