HomeMy WebLinkAbout02-1636ARIEL E. O'BRIEN, Plaintiff
VS.
HODA B. SHABAN and SEDIG S. AGILI,:
Defendants :
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
TO:
Hoda B. Shaban
4113J Beechwood Lane
Harrisburg, PA 17112
-and-
Sedig S. Agili
6570 West English Meadows Drive, No. 305
Greenfield, Wisconsin 53220
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within Twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
Document #: 228785.1
ARIEL E. O'BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG S. AGILI,:
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CIVIL COMPLAINT
1. Plaintiff Ariel E. O'Brien is an adult individual residing at 50 Pine Street,
Dillsburg, York County, Pennsylvania 17019.
2. Defendant Hoda B. Shaban is an adult individual residing at 4113J Beechwood
Lane, Harrisburg, Dauphin Ci)unty, Pennsylvania 17112.
3. Defendant Sedig S. Agili, is an adult individual residing at 6570 West English
Meadows Drive, No. 305, Greenfield, Wisconsin 53220.
4. On December 10, 2001, Plaintiff Ariel O'Brien was driving a 1993 Jeep Cherokee
owned by Kimbedy Glines, and with her consent and permission, with Pennsylvania Registration
Plate No. PZZ093A.
5. On the aforesaid date, Defendant Sedig Agili was on information and belief, the
owner of a 1998 Toyota automobile with Wisconsin Registration Plate No. TRT517.
6. On the aforesaid date at approximately 3:45 p.m., Plaintiff Ariel O'Brien was
operating the aforesaid Jeep northbound on State Rotae No. 15 in the right hand lane in Lower
Allen Township, Cumberland County, Pennsylvania.
7. At the aforesaid date and time, Defendant Hoda Shaban was operating the
aforesaid Toyota with the consent and permission of the owner Defendant Sedig Agili.
Document #: 228785.1
$. At the aforesaid date and time, Defendant Hoda Shaban was on the northbound
ramp to State Route No. 15 and was attempting to merge onto the highway.
9. At the aforesaid date and time, Defendant Hoda Shaban failed to yield to traffic
on the highway and attempted to merge causing the vehicle operated by Plaintiff Ariel O'Brien
to collide with it and another vehicle.
forth.
10.
COUNT I - NEGLIGENCE
Plaintiff Ariel O'Brien v. Defendant Hoda Shaban
Paragraphs 1 through 9 hereof are incorporated herein by reference as if fully set
11. Defendant Hoda Shaban owed a duty to other lawful users of the roadways in the
Commonwealth of Pennsylvania to operaie the vehicle she was operating in such a way as to not'
cause hmm or damage to said other persons and to Plaintiff in particular.
carelessness and recklessness of Defendant Hoda Shaban
12. The negligence,
consisted of the following:
(a)
(b)
(c)
(d)
(e)
Failing to apply the brakes to the vehicle she was operating or take
other evasive action to avoid the collision with Plaintiff's vehicle;
Failing to maintain adequate control of the vehicle she was
operating in order to avoid a collision;
Failing to give warning to Plaintiff Ariel O'Brien of her impending
collision with Plaintiff's vehicle;
Operating her vehicle in careless disregard for the safety of
persons and/or property in violation of 75 Pa.C.S.A. {}3714 and
applicable law;
Operating her vehicle in reckless disregard for the safety of
persons and/or property in violation of 75 Pa.C.S.A. §3736 and
applicable law;
Document #: 228785.1
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(0
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Overtaking or passing Plaintiff Ariel O'Brien's vehicle when it
was not safe to do so;
Failing to obey traffic control devices, including a yield sign, in
violation of 75 Pa.C.S.A. §3111 and applicable law;
Failing to yield in violation of 75 Pa.C.S.A. §3323 and applicable
law;
Failing to slow down to a speed reasonable for existing conditions
and stop when approaching the yield sign in violation of 75
Pa.C.S.A. §3323 and applicable law;
Failing to keep her vehicle under proper and adequate control so as
not to expose other users of the roadways to unreasonable risk of
harm;
Operating her vehicle too fast for the conditions existing at the
aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and
applicable law;
Failing to keep alert and maintain a proper lookout for the presence
of other motor vehicles on the streets and highways;
Failing to pay attention to the roadway and conditions existing;
Merging into traffic when it was not safe to do so; and
Improperly entering onto the highway.
13. As a direct and proximate result of the collision and the negligence, carelessness
and recklessness of Defendant Hoda Shaban, Plaintiff Ariel O'Brien sustained and in the future
may sustain, serious and debilitating injuries, some of which are or may be permanent, an
aggravation of a pre-existing condition, which include, but not to limited to, the following:
(a)
(b)
(c)
(d)
Document #: 228785.1
Trauma and injury to her neck and cervical spine;
Trauma and injury to her back and lumbar/thoracic spine;
Trauma and injury to her right hip and pelvis;
Trauma and injury to her right knee;
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(e)
(f)
(g)
(h)
Trauma and injury to her legs;
Trauma and injury to her face;
Trauma and injury to shoulders; and
Trauma and injury to head.
14. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant Hoda Shaban, Plaintiff Ariel O'Brien was forced to
incur medical bills and expenses for the injuries she has suffered and will continue to incur
medical expenses in the future.
15. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant Hoda Shaban, Plaintiff Ariel O'Brien has suffered
and may suffer a loss of earnings, permanent disability, impaim~ent, loss of productivity, loss of
household services and/or loss of earning capacity.
16. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and recklessness of Defendant Hoda Shaban, Plaintiff Ariel O'Brien has undergone,
and in the future will undergo great physical pain, mental pain, discomfort, inconvenience,
distress, embarrassment and humiliation, past and future loss of her ability to enjoy the pleasures
of life and limitations in pursuit of daily activities all to her great loss and detriment.
17. As a direct and proximate result of the aforesaid collision, negligence,
carelessness and reckless of Defendant Hoda Shaban, Plaintiff Ariel O'Brien sustained property
damage, incidental costs and other losses to include, but not be limited to, past and future
medication costs and medical appliances.
Document #: 228785.1
-4-
WHEREFORE, Plaintiff Ariel O'Brien demands judgment in her favor and against the
Defendant Hoda Shaban, either individually and/or jointly and severally, for the aforesaid
damages in amount which exceeds the limits of compulsory arbitration in Cumberland County,
Pennsylvania plus interest and/or damages for delay and costs of prosecution.
COUNT II - NEGLIGENT ENTRUSTMENT
Plaintiff Ariel O'Brien v. Defendant Sedig Agili
18. Paragraphs 1 through 17 hereof are incorporated herein by reference as if fully set
19. At the aforesaid time and place, Defendant Sedig Agili entrusted his automobile
to co-Defendant Hoda Shaban, when he knew or should have known that co-Defendant Hoda
Shaban was incompetent to operate said vehicle and should not operate said vehicle because of
her propensity for careless driving.
20. The negligent acts of co-Defendant Hoda Shaban are imputable to Defendant
Sedig Agili because of his negligent entrustment of the vehicle to co-Defendant Hoda Shaban.
21. As a result of the aforesaid negligence of both Defendants, Plaintiff Ariel O'Brien
sustained the aforesaid damages.
WHEREFORE, Plaintiff Ariel O'Brien demands judgment in her favor and against
Defendant Sedig Agili, either individually and/or jointly and severally, for the aforesaid damages
Document #: 228785. I
-5-
in an amount which exceeds the limits of compulsory arbitration in Cumberland County,
Pennsylvania, plus interest and/or damages for delay and costs of prosecution.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Clark DeVere, Esquire
Attorney I.D. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Dated:
Document #: 228785.1
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VERIFICATION
Dated: 4/2/02
I, Ariel O'Brien, hereby certify that the following is correct:
The facts set forth in the foregoing Civil Complaint are based upon information which I
have furnished to counsel, as well as upon information which has been gathered by counsel and/or
others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel
and not my own. I have read the Civil Complaint, and to the extent that it is based upon information
which I have given to counsel, it is tree and correct to the best of my knowledge, information, and
belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon
such counsel in making this Verification. I hereby acknowledge that the facts set forth in the
aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unswom falsification to authorities.
Ariel (5'Brien
Document #: 228785.1
ARIEL E. O~RIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 02-1636
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly emer my appearance for Defendants, HODA B. SHABAN and SEDIG S. AGILI, in
the above case and designate 540 Court Street, P.O. Box 542, Reading Pennsylvania 19603 as the
place where papers, process and notices may be served.
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
By:
· WIMMER, ESQUIRE
Attorney I.D. No. 45294
Dated: May 17, 2002
ARIEL E. O~BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, THOMAS A. WlMMER, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Praecipe for Entry of Appearnace was mailed via U.S. first class mail, postage prepaid,
upon the following party(ies) addressed as follows:
Clark DeVere, Esquire
METZGER WICKERSBAM KNAUSS & ERB, P.C.
321 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A.
§4904 relating to falsification to authorities.
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
By:
THOMAS A. WIMMER, ESQUIRE
Date: May 17, 2002
ARIEL E. O'BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG S. AGILI,:
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
22. Conclusion of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Plaintiff's Complaint states causes of action upon which relief can be granted and no preliminary
objections have been filed to the Complaint.
23. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of
further reply, Defendants were negligent, careless and/or reckless as alleged by Plaintiff in the
Complaint filed in this action which is incorporated herein by reference.
24. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Defendants' acts and/or omissions, either individually and/or jointly and severally, were
substantial causes and resulted in injuries and losses alleged by Plaintiff in the Complaint filed in
this action which is incorporated herein by reference.
25. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Plaintiff's injuries and damages were proximately caused by the acts and/or omissions of
Document #: 235013.1
Defendants, either individually and/or jointly and severally, as alleged in the Complaint filed in
this action which is incorporated herein by reference.
26. Conclusions of law, no reply required. If a reply is required, the ave,ments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Defendants have not identified the "other individuals or entities" and therefore Plaintiff cannot
properly respond. By way of further reply, Defendants' acts and/or omissions constitute
negligent, reckless and/or careless conduct which resulted in the Plaintiff's injuries and damages
as set forth in the Complaint which is incorporated herein by reference.
27. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of
further reply, the Defendants do not have any affirmative defenses to Plaintiff's claims and the
matter averred is irrelevant and inapplicable to this action.
28. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the
Pennsylvania Motor Vehicle Financial Responsibility Law does not bar, limit or otherwise act as
a defense to Plaintiff's civil action. Furthermore, Defendants have failed to specify how the
MVFRL would act as a "complete and/or partial defense" to Plaintiff's civil action.
29. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P No. 1029(e). By way of further reply, there
is no statutory and/or case law to support the assertions raised in paragraph 29. Furthermore,
Plaintiff has a right to request and recover for damages for delay in accordance with the
pennsylvania Rules of Civil Procedure and interpreting case law.
Document #: 235013.1
-2-
WHEREFORE, Plaintiff Ariel O'Brien demands that Defendants Hoba Shaban and Sedig
Agili's New Matter be dismissed and that judgment be entered in Plaintiff's favor and against
Defendants as requested in the Complaim filed in this action which is incorporated herein by
reference.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
~ ~ .-
Clark DeVere, Esquire
Attorney I.D. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Dated: May ;302002
Document #: 235013.1
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VERIFICATION
.I, Ariel O'Brien, hereby certify that the following is correct:
The facts set forth in the foregoing Plaintiff's Reply to Defendants' New Matter are based
upon information which I have furnished to counsel, as well as upon information which has been
gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiff's
Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiff's
Reply to Defendants' New Matter, and to the extent that it is based upon information which I have
given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the
extent that the content of the Plaintiff's Reply to Defendants' New Matter is that of counsel, I have
relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth
in the aforesaid Plaintiff's Reply to Defendants' New Matter are made subject to the penalties of
18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
Dated: 5/30/02
Document 14,: 235013.1
CERTIFICATE OF SERVICE
I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a tree and correct copy of Plaintiff's Reply to Defendants' New Matter
with reference to the foregoing action by first class mail, postage prepaid, this J0~day of May,
2002 on the following:
Hoda B. Shaban and Sedig S. Agili, Defendants
c/o Thomas A. Wimmer, Esquire
Forry, Ullman, Ullman & Forry, P.C.
540 Court Street
P.O. Box 542
Reading, PA 19603
Clar[, DeVere, Esquir~"~
Document #: 235013.1
ARIEL E. O~BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
PRAECIPE TO SUBSTITUTE VERIlelCATIONS
TO THE PROTHONOTARY:
Kindly substitute the attached Verifications of Hoda B. Shaban and Sedig S. A~li for the
attorney's Verification to the Answer with New Matter to Plaintiffs Complaint, which was fried on
or about May 21, 2002 in the above-captioned action.
By:
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
THOMAS A. WIMMER, ESQUIRE
Attorney I.D. No. 45294
540 Court Street
P.O. Box 542
Reading, PA 19603
(610) 777-5700
Attorneys for Defendants
VERIFICATION
I, HODA B. SHABAN, do hereby x~rify that the foregoing Answer with New Matter was
prepared with the assistance and advice of counsel, upon whose advice I have relied; that the
Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore
limited by the records and information still in existence, presently recollected and thus far
discovered in the preparation of this Answer with New Matter and the defense of this case; that the
language of the Answer with New Matter is that of counsel; that subject to the limitations set forth
herein, the averments of the Answer with New Matter are true and correct to the best of my
knowledge, information and belief I understand that false statements made in the foregoing
document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unswom
falsification to authorities.
Date: $'_~& _ O~L ~
HODA B. SHABAN
VERIFICATION
I, SEDIG S. AGILI, do hereby verify that the foregoing Answer with New Matter was
prepared with the assistance and advice of counsel, upon whose advice I have relied; that the
Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore
limited by the records and information still in existence, presently recollected and thus far
discovered in the preparation of this Answer with New Matter and the defense of this case; that the
language of the Answer with New Matter is that of counsel; that subject to the limitations set forth
herein, the averments of the Answer with New Matter are true and correct to the best of my
knowledge, information and belief. I understand that false statements made in the foregoing
document are subject to the penalties of Title 18 Pa. CS.A. Section 4904 relating to unswom
falsification to authorities.
Date: ~'_
SEDIG S.~GIL1~
ARIEL E. O~BRIF, N,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 02-1636
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, THOMAS A. WIMMER, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Praecipe to Substitute Verifications was mailed via U.S. first class mail, postage
prepaid, upon the following party(ies) addressed as follows:
Clark DeVere, Esquire
METZGER WICKERSHAM KNAUSS & ERB, P.C.
321 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
I understand that the statements herein are made subject to the penalties of 18 Pa.C.SA
§4904 relating to falsification to authorities.
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
OMAS A. WIMMER, ESQUIRE
Date: May 30, 2002
ARIEL E. O~BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
OBJECTION TO SUBPOENA PURSUANT TO Pa. ILC.P. 4009.21
Defendant, Hoda Shaban, objects to the proposed subpoena of records from Pinnacle Health
at CGOH, attached to these objections, for the following reasons.
FACTS
Defendant, Hoda Shaban, is a Defendant in a personal injury action filed by Ariel O~Brien
following an automobile accident. Defendant, Hoda Shaban, has not raised her own medical
condition (pre-accident or post-accident) as a defense to this action, nor has she made a claim for
injuries to herself. Hoda Shaban has not given written consent for release of the information sought
in the proposed subpoena.
The proposed subpoena seeks all medical records, notes, memos, correspondence, x-rays,
CT scan, radiology reports, trip sheets, emergency room records, etc. pertaining to Hoda Shaban
fi.om December 10, 2001 through the present, despite the lack of a relevant claim or defense being
raised by Hoda Shaban.
DISCOVERY RULES
Pa.R.C.P. 4003.1 does not allow discovery of privileged matters. Hoda Shaban has not
waived her privilege concerning the confidentiality of her medical treatment following this accident.
The information sought is not relevant to her defense of the Plaintiffs claim, or to any claims
Plaintiff may have against Defendants. Further, it is not reasonably calculated to lead to the
discovery of admissible evidence.
Pa.R.C.P. 4003.6 requires written consent of a party before information may be obtained
from a treating physician of a party. Defendant, Hoda Shaban, has not provided written consent to
the release of this information.
CONCLUSION
Although some non-privileged discoverable material could possibly be contained in the
items sought by the proposed subpoena, most items sought are privileged documents whose
disclosure serves no legitimate purpose. To the extent that the proposed subpoena is overbroad, is
in violation of the Pennsylvania Rules of Civil Procedure and provides no protection for Defendant,
Hoda Shaban's, privacy rights under the law, Defendant objects.
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
By:
Attorney I.D. No. 45294
540 Court Street
P.O. Box 542
Reading, PA 19603
(610) 777-5700
Attorneys for Defendant, Hoda Shaban
Date: February 24, 2003
ARIEL E. O]3RIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CLrMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 02-1636
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, THOMAS A. WlMMER, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Objection to Subpoena Pursuant to Pa.R.C.P. 4009.21 was mailed via U.S. first class
mail, postage prepaid, upon the following party(ies) addressed as follows:
Clark I)eVere, Esquire
METZGER WICKERSHAM KNAUSS
& ERB, P.C.
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17110
I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A.
§4904 relating to falsification to authorities.
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
Date: February 24, 2003
ARIEL E. O'BRIEN, ·
Plaintiff ·
HODA B. SHABAN and SEDIG S. AGILI, ·
Defendants ·
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636- CIVIL TERM
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA ON PINNACLE HEALTH AT CGOH
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff intends to serve a subpoena on Pinnacle Health at CGOH 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 no objection is
made, the subpoena may be served.
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
Clark DeVere, Esquire
Attorney I.D. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Document it: 261292.1
ARIEL E. O'BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG S. AGILI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLYANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Pinnacle Health ~. CGOH, 4300 Londonderry Road, Harrisburg, Pa 17110
(Name of Person or Entity)
VVithin twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things: all medical records, notes, memos, correspondence, x-rays, ct
scan, radiology reports, trip sheets, emergency room records, etc., pertaining to Shaban Hoba;
Date of Birth: 09/07/69 from 12/10/01 to the present.
at Metzger, Wickersham, Attention: Angle, 3211 North Front Street, Harrisburg, Pa 17112
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 of produce 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:
Clark DeVere, Esquire
Address: 3211 North Front Street
Harrisburg, Pa 17112
Telephone Number: 717-238-8187
Supreme Court ID # 68768
Attorney for: Plaintiff
BY THE COURT:
Date:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
Document #: 261290.1
CERTIFICATE OF SERVICE
I, Angela M. Flynn, an employee of Metzger, Wickersham, do hereby certify that on the
date set forth below, I did serve a tree and correct copy of the foregoing document upon the
following person(s) at the following address(es) indicated below by sending same in the
United States mail, postage prepaid, as follows:
HODA B. SHABAN and SEDIG S. AGILI, Defendants
c/o Lee E. Ullman, Esquire
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
540 Court Street
P.O. Box 542
Reading, Pa 19603
Dated:
Document #: 261292.1
ARIEL E. O~BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
OBJECTION TO SUBPOENA PURSUANT TO Pa.R.C.P. 4009.21
Defendant, Hoda Shaban, objects to the proposed subpoena of records from South Central
Emergency Medical Services, Inc., attached to these objections, for the following reasons.
FACTS
Defendant, Hoda Shaban, is a Defendant in a personal injury action filed by Ariel O~Brien
following an automobile accident. Defendant, Hoda Shaban, has not raised her own medical
condition (pre-accident or post-accident) as a defense to this action, nor has she made a claim for
injuries to herself. Hoda Shaban has not given written consent for release of the information sought
in the proposed subpoena.
The proposed subpoena seeks all records, notes, trip sheets, EMT reports, etc. pertaining to
Shaban Hoda (sic), despite the lack of a relevant claim or defense being raised by Hoda Shaban with
regard to her medial condition.
DISCOVERY RULES
Pa.R.C.P. 4003.1 does not allow discovery of privileged matters. Hoda Shaban has not
waived her privilege concerning the confidentiality of her medical treatment following this accident.
The information sought is not relevant to her defense of the Plaintiffs claim, or to any claims
Plaintiff may have against Defendants. Further, it is not reasonably calculated to lead to the
discovery of admissible evidence.
Pa.R.C.P. 4003.6 requires written consent of a party before information may be obtained
from a treating physician of a party. Defendant, Hoda Shaban, has not provided written consent to
the release of this information.
CONCLUSION
Although some non-privileged discoverable material could possibly be contained in the
items sought by the proposed subpoena, most items sought are privileged documents whose
disclosure serves no legitimate purpose. To the extent that the proposed subpoena is overbroad, is
in violation of the Pennsylvania Rules of Civil Procedure and provides no protection for Defendant,
Hoda Shaban's, privacy rights under the law, Defendant objects.
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
By:
7/HOMAS A. WIMMER, ESQUIRE
Attorney I.D. No. 45294
540 Court Street
P.O. Box 542
Reading, PA 19603
(610) 777-5700
Attorneys for Defendant, Hoda Shaban
Date: February 24, 2003
ARIEL E. O~RIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG
S. AGILI,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 02-1636
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, THOMAS A. WIMMER, ESQUIRE, hereby certify that a true and correct copy of the
foregoing Objection to Subpoena Pursuant to Pa.R.C.P. 4009.21 was mailed via U.S. first class
mail, postage prepaid, upon the following party(ies) addressed as follows:
Clark DeVere, Esquire
METZGER WICKERSHAM KNAUSS
& ERB, P.C.
3211 North Front Street
P. O. Box 5300
Harrisburg, PA 17110
I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A.
§4904 relating to falsification to authorities.
By:
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
Date: February 24, 2003
ARIEL E. O'BRIEN,
Plaintiff
.-
:
VS. :
.-
HODA B. SHABAN and SEDIG S. AGILI, ·
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA ON SOUTH CENTRAL
EMERGENCY SERVICES TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff intends to serve a subpoena on South Central Emergency Services 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 no
objection is made, the subpoena may be served.
Dated:
METZGER, WlCKERSHAM, KNAUSS & ERB, P.C.
Clark DeVere, Esq~
Attorney I.D. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Document #: 261292.1
ARIEL E. O'BRIEN,
Plaintiff
VS.
HODA B. SHABAN and SEDIG S. AGILI,
Defendants
IN THE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: South Central Emergency Medical Services, Inc., 8065 Allentown Boulevard, Harrisburg,
PA 17112
(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: all records, notes, trip sheets, EMT reports, etc., pertaining to
Shaban Hoba; Date of Birth: 09~07/69 for a motor vehicle accident on 12/10/01.
at Metzger, Wickersham, Attention: Angle, 3211 North Front Street, Harr sbur.q, Pa 17112
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together witli 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 of produce 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:
Clark DeVere, Esquire
Address: 3211 North Front Street
Harrisburg, Pa 17112
Telephone Number:
Supreme Court ID #
Attorney for:
717-238-8187
68768
Plaintiff
BY THE COURT:
Date:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
Document #: 261291.1
CERTIFICATE OF SERVICE
I, Angela M. Flynn, an employee of Metzger, Wickersham, do hereby certify that on the
date set forth below, I did serve a true and correct copy of the foregoing document upon the
following person(s) at the following address(es) indicated below by sending same in-the
United States mail, postage prepaid, as follows:
HODA B. SHABAN and SEDIG S. AGILI, Defendants
c/o Lee E. Ullman, Esquire
FORRY, ULLMAN, ULLMAN & FORRY, P.C.
540 Court Street
P.O. Box 542
Reading, Pa 19603
Dated:
Document #: 261292.1
ARIEL E. O'BRIEN,
Plaimiff
VS.
HODA B. SHABAN and SEDIG S. AGILI, ·
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1636 Civil Term
JURY TRIAL DEMANDED
ended.
PLAINTIFF'S PRAECIPE TO SETTLE, DISCONTINUE AND END
Kindly mark thc above action by Plaintiff Ariel O'Brien settled, discontinued and
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
( .
Clark DeVere, Esquire
Attorney I.D. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Dated:
Document #: 265930.1
CERTIFICATE OF SERVICE
I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a tree and correct copy of Plaintiff's Praecipe to Discontinue with
reference to the foregoing action by first class mail, postage prepaid this lO,ay of April, 2003
on the following:
Hoda B. Shaban and Sedig S. Agili
c/o Thomas A. Wimmer, Esquire
Forry, Ullman, Ullman & Forry, P.C.
540 Court Street
P.O. Box 542
Reading, PA 19603
Document #: 265930.1