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HomeMy WebLinkAbout06-4069IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. yUL7 Ct u????dLY?1 Civil Action - (XX) Law ( ) Equity Samantha Baker Harry Dyblie 392 Sandy Hollow Road 824 Lisburn Road Shermansdale, PA 17090, Camp Hill, PA 17011, Plaintiff Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ()Attorney (XX)Sheriff Jason C. Imler. Esquire 1300 Linalestown Road 4 ? Harrisbura. PA 17110 -Signature o Attorney (717) 238-2000 Supreme Court ID No. 87911 Name/Address/Telephone No. of Attorney Date: July 14. 2006 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF H COMMENCED ACTION AGAINST YOU. Pro no ary Date: J,,,L l i P a.oe?it. by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 0?0 .ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, Plaintiff, V. HARRY DYBLIE, Defendant. TO THE PROTHNOTARY: CIVIL DIVISION NO:06-4069 JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter our appearance on behalf of Defendant, Harry Dyblie, in connection with the above-captioned action. Respectfully submitted, E, MCC Y & CHILCOTE, P.C. Date:Au¢ust 28, 2006 arles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 I CERTIFICATE OF SERVICE AND NOW, this 28th day of August' 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited.same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Jason C. hnler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 CCres IEH dickJr., Esquire mr ? nor= '20" -G U"?1 it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, Plaintiff, V. HARRY DYBLIE, CIVIL DIVISION NO:06-4069 JURY TRIAL DEMANDED Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue a rule on Plaintiffs to file a Complaint in the above case within twenty days after service of the rule or suffer a judgment of non pros. Respectfully submitted, DICKIE, M C F Y & CHILCOTE, P.C. Date:August 28, 2006 es E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 r*****r**rx?s•wrer*****?*?+xr?x*r?r*r*sr?s*??*?*?x+??xssr**s*sr*?*sr**s?**sr?s:*.*• RULE NOW, NLcsl 2gtJ.RULE ISSUED AS ABOVE Pro By: Deputy CERTIFICATE OF SERVICE AND NOW, this _ day of , 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 rfl," ?;d s E. addick, Jr., Esquire P a j:--, ' Dgi S-ry U 4 C 1? r ?:: w u CT SHERIFF'S RETURN - REGULAR CASE NO: 2006-04069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAKER SAMANTHA VS DYBLIE HARRY DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DYBLIE HARRY the DEFENDANT at 1629:00 HOURS, on the 21st day of July , 2006 at 1700 MARKET STREET CAMP HILL, PA 17011 by handing to HARRY DYBLIE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Postage .39 Surcharge 10.00 R. Thomas Kline .00 41.59,/ 07/24/2006 ??as?bG HANDLER HENNING ROSENBERG Sworn and Subscibed to By: before me this day Deput Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAKER Vs. NO. 064069 DYBLIE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JASON P MCNICHOLL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/02/06 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M334588 By: Colleen Laird IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAKER Vs. DYBLIE I No. 064069 TO: JASON IMLER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 09/11/06 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Colleen Laird Enc (s) : Copy of subpoena(s) Counsel return card File #: M334588 C0MWNWFALLTH OF PENNSYLVANIA COUNTY OF BAKER Vs. File No. DYBLIE 064069 SUBPOENA TO PRODUCE DOCUMENTS ORDHH I N? BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 DR WILLIAM POLACHECK, C/O ORTHO ASSOCS, 875 POPLAR CHURCH RD TO: CAMP HILL PA 17011 (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 AT at _ MEDICAL LEGAL REPRODUCTIONS ,(AR%bsj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b} this subpoena, together with the certificate of canpliance, to the party making thi= 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 thin subpoena may seek a court order cxxr pe l ling you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _ JASON P MCNICHOLL, ESQ ADDRESS: - 19-0-0- --CAMP HILT BYPASS TELEPHONE: - CAMP L, PA 17011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: M334588-01 DEFENDANT DATE: /5--.-qzan6' Sea of the Court BY THE COURT: Prot tary/Cler ,vil ivision Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BAKER Vs. DYBLIE No. 064069 CUSTODIAN OF RECORDS FOR: DR WILLIAM POLACHECK ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for DR WILLIAM POLACHECK CUMBERLAND M334588-01 * * * SIGN AND RETURN THIS PAGE * * * rnmmr NWFALTH OF PENNSYLVANIA COUNTY OF -CLIMBEEdAND BAKER Vs. File No. 064069 DYBLIE SUBPOENA TO PRODUCE DOCUMENTS Vllffi S BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHO SURG OF CENTRAL PA, 99 NOVEMBER DR, CAMP HILL PA 17011 (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 ng SEEA at MEDICAL LEGAL REPRODUCTIONS(AJ*%tst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccnpliance, to the party making thi: 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 orde- cxxtpe l l i ng you to cart p l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: - 1200 CAMP HZ-LL BYPASS TELEPHONE: CAMP HILL, I-A 17011, SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M334588-02 DATE: - 1., -2 ?, Sea of the Court BY THE COURT: Prot tary/Cler ivil? ivision Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR : ORTHO SURG OF CENTRAL PA ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced.. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or ORTHO SURG OF CENTRAL PA CUMBERLAND M334588-02 * * * SIGN AND RETURN THIS PAGE * * * rrawrmwEALTK of PENNSYLVANIA COUNTY OF CLiM13ERIAND BAKER Vs. Fi le No. 064069 DYBLIE MEDICAL TH1NGSBILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR FOR DISCOVERY PURSUANT TO RULE 4009.22 WEST SHORE EMS, 205 GRANDVIEW AVE #211, CAMP HILL PA 17011 TO: ATTN: CUSTODIAN OF RECORDS (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 ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of cc pliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea•:onabl(- 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 orde,- ocxmpe l 1 i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS : 3:290 CAMP 911-1 BYPASS TELEPHONE : 17 011 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M334588-03 DEFENDANT GATE : f5" '20910 Sea of the Court BY THE COURT: Prot tary/C1 Civi Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BAKER Vs. DYBLIE No. 064069 CUSTODIAN OF RECORDS FOR: WEST SHORE EMS ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or WEST SHORE EMS CUMBERLAND M334588-03 * * * SIGN AND RETURN THIS PAGE rMMINWEALTH OF PENNSYLVANIA COUNTY OF C D93ERLAIND BAKER Vs. . DYBLIE Fi le No. 064069 THINGS BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS VnICAL FOR DISCOVERY PURSUANT TO RULE 4009.22 CUMBERLAND ORTHO & SPINE, 6375 MERCURY DR STE 100, MECHANICSBURG PA 170 TO: (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 ADDENDUM -- at MEDICAL LEGAL REPRODUCTIONS(A tsl940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thin request at the address listed above. You have the right to seek in advance the rea,onable 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 thin subpoena may seek a court order coupe l l i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS:_ 1200rnD4a HILL BYPASS TELEPHONE: HILL, CAMP PFD 17011 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M334588-04 DEFENDANT DATE : . Ig. 'W6 Sea of the Court BY TIE COURT Prot tary/C1 Civ 1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BAKER Vs. No. 064069 DYBLIE CUSTODIAN OF RECORDS FOR: CUMBERLAND ORTHO & SPINE ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CUMBERLAND ORTHO & SPINE CUMBERLAND M334588-04 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNTY OF C124BEPIAND BAKER Vs. File No. DYBLIE 064069 SUBPOENA TO PRODUCE DOCUMENTS OR TH I BILLING R$QIISST$D NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CAPIAL BLUE CROSS, PO BOX 779503, HARRISBURG PA 17177 TO: ATTN: LEGAL DEPT (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 orS n9 __ it: at MEDICAL LEGAL REPRODUCTIONStAWetst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ty this subpoena, together with the certificate of ccmpliance, to the party making thi_ 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 thi, subpoena may seek a court order cxxtpe l l i ng you to cortp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: _ 1200 CAMP HILL BYPASS CAMP HILL, A 17011 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M334588-05 DATE : Sea of the Court BY THE COURT: Prot terry/Clerk Division Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR: CAPIAL BLUE CROSS ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. GROUP #005051850000 PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CAPIAL BLUE CROSS CUMBERLAND M334588-05 * * * SIGN AND RETURN THIS PAGE * * * r(WOMWEALTH OF PENNSYLVANIA COUNTY OF CUMBERIAND BAKER Vs. File No. 064069 DYBLIE MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR MARGARET GROFF, C/O SILVER CREEK FAM HEALTH, 310 N SALEM CHURCH RD TO: MECHANICSBURG PA 17050 (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 thin s 'U _ at MEDICAL LEGAL REPRODUCTIONS tAgrebsj940 DISSTON ST., PHILA., PA You may. deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi_ 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 •thi, subpoena may seek a court order rxxrpe l l i ng you to cartp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: _ -1200 CAMP uTT T BYPASS CAMP HILb, PA 17011 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M334588-06 215-335-3212 DEFENDANT DATE: _ Ig"= Se of the Court BY THE COURT: Prothono ary/Clerk, ivision Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR: DR MARGARET GROFF ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR MARGARET GROFF CUMBERLAND M334588-06 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAKER Vs. File No. 064069 DYBLIE MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUlENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ALLSTATE INS CO, 6345 FLANK DR STE 1000, HARRISBURG PA 17112 TO: ATTN: TERESA SALLINGER (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 thin s g fi at MEDICAL LEGAL REPRODUCTIONS tAMrebs1940 DISSTON ST., PHILA., PA ' You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of carpliante, to the party making thi 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 thin subpoena may seek a court orde-- cxxrpe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: 12 0 Q_CAMP HILL BYPASS CAMP t PA 17011 TELEPHONE: SUPREME OOURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT M334588-07 DATE : Ca?=jg7. o??(o Sea of the Court BY THE COURT: Pt, ?741 A Protho tary/Clerk tivision Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR: ALLSTATE INS CO ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. CLAIM #1569293192; POLICY #102168862 PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XYXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ALLSTATE INS CO CUMBERLAND M334588-07 * * * SIGN AND RETURN THIS PAGE * * * CU*UNWEALTH OF PENNSYLVANIA COUNTY OF CXD93ERIAND BAKER Vs. Fi le No. 064069 DYBLIE MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HEALTHSOUTH REHAB/ACUTE, 175 LANCASTER BLVD, MECHANICSBURG PA 17055 TO: ATTN: MEDICAL RECORDS DEPT (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 orsng$ ftTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS TAUre§st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi_ 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 thi, subpoena may seek a court orde, cxxmpe 1 ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REOMST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: _ 3200 CAMP HILL BYPASS CYTIP SPA 17011 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M334588-08 DATE ::al - l?. o7?lr Seal of the Court BY THE COURT Prothono ary/Clerk, '_-evil Pvision Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB/ACUTE ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for HEALTHSOUTH REHAB/ACUTE CUMBERLAND M334588-08 * * * SIGN AND RETURN THIS PAGE * * * COK43NWEALTH OF PENNSYLVANIA COUNTY OF-CUMBERLAND TO: BAKER Vs. DYBLIE File No. 064069 SUBPOENA TO PRODUCE DOCUMENTS MWfa BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 CENTRAL PA MRI CTR, 2527 CRANBERRY HWY, WAREHAM MA 02571 (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 ATTACBED --- ADDENDUM at MEDICAL LEGAL REPRODUCTIONS (AN sj940 DISSTON ST., PHILA., PA 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 thi: request .at the address listed above. You have the right to seek in advance the rea•,onabIE 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 thi, subpoena may seek a court orde;- cxxrpe l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REM EST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: 1200 CAMP 1411-11 BYPASS TELEPHONE : CAMP kiiiiiii PA 17 011 SUPREME OOURT ID 215-335-3212 ATTORNEY FOR: M334588-09 DEFENDANT DATE : _?X - -72T& Se :61 of the Court BY THE COURT: Prot ary/clerk, ivision Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR : CENTRAL PA MRI CTR ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CENTRAL PA MRI CTR CUMBERLAND M334588-09 * * * SIGN AND RETURN THIS PAGE * * * COItDNWEALTH OF PENNSYLVANIA COUNTY OF BAKER Vs. File No. _ 064069 DYBLIE % ffi BILLING REQUESTED SUBPOENA TO PRODUCE DocuiENTS OFD FOR DISCOVERY PURSUANT TO RULE 4009.22 BUREAU OF WORKERS COMP, 1171 S CAMERON ST RM 103, HARRISBURG PA 17104- TO: ATTN: NATHANIEL HOLMES (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 SEEngs : A? ATTACHED DENDUM at MEDICAL LEGAL REPRODUCTIONS(AJ&reSst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onable 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 thin, subpoena may seek a court orde;- cxxnpe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS: 3-2200 G AMP uTT T BYPASS TELEPHONE : CAMP HILL, PA 17 011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M334588-10 DATE : - a, o:?OPzj Sea of the Court BY TFIE COURT : Prothonotary/Clerk vil ivision Deputy (Eff. 7/97) BAKER Vs. DYBLIE ADDENDUM TO SUBPOENA No. 064069 CUSTODIAN OF RECORDS FOR: BUREAU OF WORKERS COMP ANY AND ALL WORKERS COMPENSATION RECORDS. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BUREAU OF WORKERS COMP CUMBERLAND M334588-10 * * * SIGN AND RETURN THIS PAGE * * * COK43NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAKER Vs. File No. 064069 DYBLIE SUBPOENA TO PRODUCE DOCUMENTS OR TH BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 HEALTHSOUTH REHAB/ACUTE, 175 LANCASTER BLVD, MECHANICSBURG PA 17055 TO: ATTN: MEDICAL RECORDS DEPT (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 AT at MEDICAL LEGAL REPRODUCTIONS (AM%tst 940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrrpliance, to the party making thi-T request at the address listed above. You have the right to seek in advance the rea.onable 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 thin, subpoena may seek a court orde;- crxrpe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS :- 2 nn C 4P ILA BYPASS TELEPHONE : CAMP FULL-,= 17 011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: M334588-11 DEFENDANT DATE: ? 0 Seal of the Court BY THE COURT: Prot tary/Cler vil lbd vision Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BAKER Vs. No. 064069 DYBLIE CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB/ACUTE ALL MEDICAL RECORDS FROM BEFORE THE DATE OF LOSS, 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HEALTHSOUTH REHAB/ACUTE CUMBERLAND M334588-11 * * * SIGN AND RETURN THIS PAGE * * * CD t ?? S:\HARRISBURG\FILES\F173\P1eadings\F173 Ten Day Ntoice.doc 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, CIVIL DIVISION Plaintiff, NO:06-4069 V. HARRY DYBLIE, JURY TRIAL DEMANDED Defendant. TO: Samantha Baker 392 Sandy Hollow Road Shermansdale, PA 17090 c/o Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 DATE OF NOTICE: October 11, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE 17013 (717) 249-3166 SAHARRISBURG\FILES\F173\P1eadings\F173 Ten Day Ntoice.doc SAMANTHA BAKER, Plaintiff, V. HARRY DYBLIE, Defendant. TO: Samantha Baker 392 Sandy Hollow Road Shermansdale, PA 17090 c/o Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 DATE OF NOTICE: October 11, 2006 CIVIL DIVISION NO:06-4069 JURY TRIAL DEMANDED USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA LISTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE 17013 (717) 249-3166 2005 S:\HARRISBURG\FILES\F173\P1eadings\F173 Ten Day Ntoice.doc 2005 CERTIFICATE OF SERVICE AND NOW, this 11th day of October, 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited,, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Via Certified Mail / First-Class Mail: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff ales Haddick, Jr., Esquire SAMANTHA BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4069 HARRY DYBLIE, . Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP By Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 SAMANTHA BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4069 HARRY DYBLIE, Defendant CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LASIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP By -?_. - 71 Ja on C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 SAMANTHA BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4069 HARRY DYBLIE, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Samantha Baker, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and makes the within Complaint against the Defendant, Harry Dyblie, and avers as follows: 1. Plaintiff, Samantha Baker, is an adult individual currently residing at 392 Sandy Hollow Road, Shermans Dale, Perry County, Pennsylvania. 2 Defendant, Harry Dyblie, is an adult individual currently residing at 824 Lisburn Road, Camp Hill, Pennsylvania. 3. At all times material hereto, Plaintiff, Samantha Baker, was the owner and operator of a 2000 Honda Accord, bearing Pennsylvania registration number FDD2491 (hereinafter, "Plaintiff's vehicle.") 4. At all times material hereto, Defendant, Harry Dyblie, was the owner and operator of a 1996 Ford Crown Victoria, bearing Pennsylvania registration number DCJ8174 (hereinafter, "Defendant's vehicle.") 5. At all times material hereto, Plaintiff, Samantha Baker, was insured by Geico General Insurance Company and covered by the full tort option. Plaintiff was also covered under an automobile insurance policy issued by Allstate Insurance Company in the state of Indiana and therefore was not required to select a tort option on that policy. 6. At all times material to this action, there were no adverse weather or road conditions. 7. On or about September 1, 2004, at approximately 8:35 a. m., Plaintiff's vehicle was lawfully stopped in a line of traffic in the 1800 block of eastbound Hummel Avenue in Lemoyne, Cumberland County, Pennsylvania. 8. At approximately that same time and place, Defendant, Harry Dyblie, was also traveling eastbound on Hummel Avenue, and he was following a vehicle directly behind Plaintiff's vehicle. 9. At approximately that same time and place, suddenly and without any warning, Defendant, Harry Dyblie, failed to observe the traffic stopped in front of him and violently struck the rear of the vehicle directly behind Plaintiff's stopped vehicle, then glanced off the first vehicle he struck and violently struck the left rear of the Plaintiff's vehicle, pushing Plaintiff's vehicle into the vehicle directly in front of Plaintiff. 10. As a direct and proximate result of the negligence of Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, sustained serious and extensive injuries. COUNT I - NEGLIGENCE Samantha Baker v. Harry Dyblie 11. Plaintiff, Samantha Baker, incorporates and makes part of this Count paragraphs 1 through 10 above, as if the same were set forth fully below. 12. The occurrence of the aforementioned collision and all the resultant injuries 2 to Plaintiff, Samantha Baker, are the direct and proximate result of the negligence of the Defendant, Harry Dyblie, generally and more specifically, as set forth below: (a) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; (b) In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway, in violation of 75 Pa. C.S.A. § 3310(a); (c) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the rear of Plaintiff's stopped vehicle; (d) In failing to operate his vehicle under proper and adequate control so that he could have avoided striking Plaintiff's stopped vehicle; (e) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (f) In failing to operate his vehicle at a speed and under such control so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate his vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In following another vehicle more closely than is reasonable and prudent; 3 (i) In failing to keep a proper lookout for vehicles lawfully stopped for traffic on eastbound Hummel Avenue in Lemoyne, Cumberland County, Pennsylvania; (j) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. § 3714; (k) In operating his vehicle with a careless disregard for the safety of others, in violation of 75 Pa. C.S.A. § 3714; (1) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; and (m) In driving his vehicle upon eastbound Hummel Avenue in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. As a direct and proximate result of the negligence of the Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, has suffered serious injuries, including, but not limited to, numbness and tingling in her right hand, shoulder pain, neck pain, and back pain requiring surgery. 14. As a direct and proximate result of the negligence of Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, has suffered lost wages and will in the future continue to 4 suffer a loss of income and/or loss of earning capacity. 15. As a direct and proximate result of the negligence of Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the negligence of Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 17. Asa direct and proximate result of the negligence of Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 18. As a direct and proximate result of negligence of Defendant, Harry Dyblie, the Plaintiff, Samantha Baker, has been, and will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 19. Plaintiff, Samantha Baker, believes and, therefore, avers that her injuries are permanent in nature. 5 WHEREFORE, Plaintiff, Samantha Baker, seeks damages from Defendant, Harry Dyblie, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: r fn / 3- 4? By: ' Jason C. Imler, Esquire Attorney I.D. # 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 6 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) JASON C. IMLER, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: 06^ JASON . IMLER, ESQUIRE Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER ,ftrlaw.com Attorney for Plaintiff SAMANTHA BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4069 HARRY DYBLIE, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 13th day of October, 2006, 1 hereby certify that I have served the within document upon counsel for Defendant, by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail. Charles E. Haddick, Jr., Esq. Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 HANDLER, HENNING & ROSENBERG, LLP Maria Wells, Legal Secretary to Jason C. Imler, Esquire n co ' 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, Plaintiff, CIVIL DIVISION NO:06-4069 V. HARRY DYBLIE, JURY TRIAL DEMANDED Defendant. PETITION TO SUBSTITUTE PARTY AND NOW, comes Defendant, Harry Dyblie, by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within Petition to Substitute Party as follows: 1. Harry Dyblie was originally named the Defendant in this case. 2. On August 29, 2006, Harry Dyblie died. 3. A copy of the Certificate of Death is attached hereto as Exhibit "A". 4. Defendant respectfully requests that the caption be amended to substitute the "Estate of Harry Dyblie" as the Defendant in this case. WHEREFORE, Defendant, Harry Dyblie, respectfully requests that the Court enter an order amending the caption as set forth above. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 27, 2006 Charles E. Haddick, Jr., Esquire Attorney T.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 120,0 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 EXHIBIT 105.805 REV 1/05 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me a Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Local Registrar Fee for this certificate, $6.00 P 12627930 No. 02rm IT IN NT SEP 012006 Date COMMONWEALTH OF PENNSYLVANIA a DEPARTMENT OF HEALTH a VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER 1. Name of Daadwd (Rat middm, Isd, wAN 2 3" 3. Sold Sw^ Nudur 4. Dm of D M Q4od14 day, year) Harry G. Dyblie male 195 . - 07 - August 29, 2006 s. ApeP-W Id") tirdw1 L%XWI fty 0. Dewdam ?. anddswa e0. FlaoadD" P" OrAy aro oar Now i MwM HosIft - - 011W. 88 Yrs. 71 I I May 1918 Harrisburg, PA ?k*wwd ?ERIW Wkd ?t>a, 1 151%-*vw,a ?„?ow-ep-w 8b. Cow* of DeA la. Cly, Dom, Twp. d Do& . Fedly Name (If cot Ys1Ydm pNe d ed aid ember) & Wn osmdrt dNiryarto OdBb? No ? Ym 10. Recd Amw1cm Mm, Owl; Wlda, eb mr.,+o?rc?. t Cumberland Camp Hill Manor; Care klydcm,FUrbWe%-4 white 11. Deoedmts Uad dwork dme matt d io. Do nd sae mW t2 Wet Dswdrtaer In tw 13. osoedrdb F,brdm (Sparly «iy how Owe mWW" 14. Marld Smbe Marhd, Nwer Manled, 18. SuvMlrg Spmu (I wk. pw maiden ses e) Ift Of Wwk Kind of &WmwI lMdby vddos?d, obarc°d ISPk?19 U. S. Meld Facss? Eymrartryl5Nmdry (aI2) Cobpa (14o5+) Administrative State Government 5 O?? 12 4 widowed 18. DeadWs Maine Addmr (SkoK dry / bm. MO. rip coda) DeoWoft Did DeasW ? Rudow 17a9eb Pennsylvania Unma iTc. ? Yss.D°wd°dlb°db 1700 Market Street TO-*? Camp Hill, PA 17011 ild 0 Nc,DrrlrtUvadwllit imc wty Cumberland AtlwILYNwd Camp Hill aty/Swo 18. FMara Name (Fkd, naddb, wt adM 18. Mo1rh Nama (Rd, middb, ewiden comma) Harr G. blie Jean M. Mullen 2oa W month Name (Type I Pdd) tab. td, r ; Mdrq Addax MW4 dhr I ban, 8W ZIP owe) Patricia D. Arcuri 950 Gleneagles Drive, York, PA 17404 21s. Meend of DiepoAm ? a -m- D 210. Dew dDbp=Nm (kbnlh, dry, yar) 210. Pbw d Dlspo III (Nma d awairy. eamd«y «dwpmm) 21d. Loc0m (M /but, dam, *coda) ?&dd ?wmmalkmSI& ;" b'CmufmorDemilmA"OwI"d ®01W.ep.dyenta?rlbmr..nt bylbdbrl3.rtrewlc"m' ?Yw 13 No Se tember 1,2006 P Rollin Green Memorial Park 8 Lower Allen Grp., PA 17011 22e. MrAn dF (« Pom adbt N vxh) 22b. U== Nmtw 22c Mm mI kIdm o Fawy FD 012 848 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070 23ae 23a e d cry drlr coasted d the We, deb and plem feed. P WAN rd 9110) 2b. Lbrw Number 23a Dam 977 RA M, day. ymr) phy Vm is nd md" d be d do* b cm* mm of dmh. hams 24-28 awl be omoMW by parson 24. Tim of Dean 2S IMw Dead Pvft dry, year) 2L Was Can Rdrmd b Madill Emniwr Cwewtor a Neaem Olw ban Cmmsbm orDmdm? who pmnmvn daM. • 6 5-- M. 1 2; '+- ? Yr I@ No CAUSE OF DEATH (&m ImInndom and uompik) ; ApM*ub bdrval: Put II: RAW 01M 21L Did Tdnoco Use CottbEtae to Drlh? Nn 21. PART k EnW 81a 90 d aartb -dbattr k* t, «almpimfws-ihd d mily raved Iha dedL D0 rtr bamhd aeriw rrdr r cs I rrrt Oral b Ds* IPA rd maft in to udaybq mm item in Part I. 13 Yr ? FdaNy amptmrymeKorvmIft&@AdmwWad to Lid Comm ?fb novm r?fArE Clu16E 1Fnr d mm or ' 28. IfFe candim naMbrp h ) ?? s. ' Dwn(«asa afK Nil pwprat wain pad let _17. b. ? domed w? ' a Due b (« as a amMumm dl: YWCAUSE ' ? Not wk* 42 days ddoO ?ry IMIktiWdlM a ? (dbsar«, i i ewnb d rymdAl ip n dsM) LAST. Due to (« n a cwraawnm dr ; ? Nd praMrrd 43 deya 101 year d d' ? Ip1vwt fu pad yaw 30a. Was m Awpy 30b. Wwa Adopt'Fbrdrp 31. MK W o(OW11 321L OWN of mysy pw*,. dry. ysar) 3m. Dasab flow inyry Dcwand: 32n d ayuy Nana, Frra, asset Fa?tary, Parbnrud7 ?d 13 dC.(3psa? dCmedDedh? Yet No ? ? Ysa ;aolle ? Aodded ? fam3tl tiuedpoin Tbm d In q 32L lr(uyr dwow 3z ITrrapeldm bray (Spdyl ?P ?1'dswm 32s. Locdm of k0y (? dy I awn, atom) ?Udde ?UMNdbaOarwmkrd M ?Yss ?No LJLJ *.*. 33L Cwd0w (dwd oi* ma) ' caw*4 t>lryakwn (Phyekin orlfyfrq move ddaM aM atdurphyaidm hr powmad daM rid wmplMd ism 23) J3 33b 9pnokn and Tlb d CwW Too* bedof ybaowlrlpa,d°dbeamnddwtoftcm (a)mdwatnaraMemp--------------------------------- • Fmwawokrp cad m fylrp phyakIn (PhyslNm boF pmeawip cl M eW areyml b mar d d@W To thebrtdmykwwledmdaMomandddwdma,dsm,rdOwe. an cmindwawa(a)andmaanraaawL __--__- J ------ 33c. Um Wnbw 33d. 9pnad per, day, ywr) 4 sr 2c6 ?9 0 ••• rAaakytE7a.tnw/cwarw on the Eris co aramUaem ardl at bw om4dio%b my oph9m daM w wred d 69 &m, dam, ad pmea, and dw b it caw*) cad awaw n sap, _ ..? + d Pspm dp?(Ira 27) Type 34. Nam { / and 35. U Wi d Numbr i ai i 'i 3& Dab Fid nb?L day. Ten) e ^ J ' loot ?fi Q A/? (Sea instructions and el(amples on reverse) v CERTIFICATE OF SERVICE AND NOW, this 27th day of October, 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Charles E. Haddick, Jr., Esquire C7 rna CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, Plaintiff, CIVIL DIVISION NO:06-4069 V. HARRY DYBLIE, JURY TRIAL DEMANDED Defendant. NOTICE TO PLEAD TO: Samantha Baker c/o Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed within twenty (20) days from the date of service hereof or a judgment may be entered against you. Respectfully submitted, DICHIE, MCCAMEY & CHILCOTE, P.C. Date:November 7, 2006 Charles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, CIVIL DIVISION Plaintiff, NO:06-4069 V. HARRY DYBLIE, Defendant. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER IN RESPONSE TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Harry Dyblie, by and through his attorneys, Dickie, McCamey & Chilcote, P.C. and responds to Plaintiff s Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 2. Denied. To the contrary, Defendant, Harry Dyblie, is deceased. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 4. Admitted. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demand's strict proof thereof at time of trial if deemed material. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial if deemed material. 8. Denied as stated. Defendant, Harry Dyblie, was traveling eastbound on Hummel Avenue. 9. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. The averments' contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments contained in theses paragraphs are denied in accordance with Pa.R.C.P. 1029(e). COUNT I NEGLIGENCE 11. Answering Defendant, hereby incorporates by reference paragraphs 1 through 10 above as if fully set forth herein. 12.(a-m) Denied. The averments contained in this paragraph and its subparts are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 13. Denied. The averments contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 14. Denied. The averments contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 15. Denied. The averments.contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 16. Denied. The averments contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 17. Denied. The averments contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 18. Denied. The averments contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). 19. Denied. The averments" contained in this paragraph are conclusions of law to which no response no response is required. To the extent a response is required, the averments contained in these paragraphs are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment irr, favor of Answering Defendant, together with all allowable costs and attorneys fees. NEW MATTER 20. Answering Defendants specifically deny any allegation of Plaintiff's Complaint not admitted above. 21. The Plaintiffs have failed to state a claim against Answering Defendants upon which relief can be granted. 22. Plaintiff s claims are barred by the applicable statute of limitations. 23. At all times material hereto, Answering Defendants acted reasonably, properly, and prudently. 24. The alleged negligence of Answering Defendants, such negligence being specifically denied, was not the proximate cause of the damages alleged by the Plaintiffs, if any. 25. The alleged damages sustained by the Plaintiffs, if any, were proximately caused by parties other than Answering Defendants, of whom Answering Defendants had no control or right of control. 26. The Plaintiffs, at all times material hereto, were guilty of contributory negligence, said negligence being the proximate cause of Plaintiff's damages, if any, and such negligence constitutes a complete bar to Plaintiffs claims. 27. In the alternative, at all tunes"imtterial hereto, the Plaintiffs were guilty of comparative negligence, and such negligence was comparatively higher than the alleged negligence of the answering Defendant, which is specifically denied; accordingly, the Plaintiffs claims are barred or, in the alternative, limited in accordance with the Pennsylvania Comparative Negligence Act. 28. Plaintiffs have failed to mitigate damages. 29. All defenses are raise&&id preserved under the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. C.S.A. § 1701 et sec. WHEREFORE, Answering Defendant'respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAM Y & CHILCOTE, P.C. Date: November 7, 2006 arles E. Haddick, Jr., Esquire Attorney Y.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200. Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 S:\HARRISBURG\FILES\F173\P1eadings\F173 ANM.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA BAKER, CIVIL DIVISION Plaintiff, 06-4069 v. HARRY DYBLIE, Defendant. VERIFICATION I, Patricia Arcuri, Administrator of the Estate of Harry Dyblie, have read the foregoing Answer with New Matter to Plaintiffs Complaint. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ?T Pa nc a Arcuri 06-40 DATED '%' Glitz 7, °24'e CERTIFICATE OF SERVICE AND NOW, this 7th day of November, 2005, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Charles E. Haddick, Jr., Esquire C`) ^+.? .. '_? ?-( ?"'; _ 7 "?? ?' ?'i '' ,? -'1 l.? Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLERO-HHRLAW.COM Attorney for Plaintiff SAMANTHA BAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4069 HARRY DYBLIE Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Samantha Baker, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and answers Defendant's New Matter as follows: 20. This allegation does not require a response. If a response is deemed necessary, Plaintiff denies the allegation with strict proof thereof demanded at trial, if deemed material. 21. Denied. It is specifically denied that Plaintiff has failed to state a claim against Answering Defendants upon which relief can be granted. 22. Denied. It is specifically denied that Plaintiffs claims are barred by the applicable statute of limitations. 23. Denied. It is specifically denied that Answering Defendant acted reasonably, proper, and prudently at all times material hereto. 24. Denied. It is specifically denied that the negligence of Answering Defendant was not the proximate cause of the damages alleged by the Plaintiff. 25. Denied. It is specifically denied that the damages sustained by Plaintiff were caused by parties other than Answering Defendant, of whom Answering Defendant had no control or right of control. 26. Denied. It is specifically denied that the Plaintiff was guilty of contributory negligence. 27. Denied. It is specifically denied that Plaintiff was guilty of comparative negligence and that Plaintiff's claims are barred or limited by the Pennsylvania Comparative Negligence Act. 28. Denied. It is specifically denied that Plaintiff failed to mitigate damages. 29. Denied. It is specifically denied that Defendant is entitled to all defenses under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701 et sec. WHEREFORE, Plaintiff, Samantha Baker, respectfully requests that this Honorable Court dismiss Defendants' New Matter and enter judgment in her favor. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 1 c)- 1-6 By: ason . Imler, Esq. I.D. # 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) JASON C. IMLER, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: AS C. IMLER, ESQUIRE Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLERO-hhrlaw.com Attorney for Plaintiff SAMANTHA BAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4069 HARRY DYBLIE Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 1ST day of December, 2006, 1 hereby certify that I have served the within document upon Counsel for Defendant, by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail. Charles E. Haddick, Jr., Esq. Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 HANDLER, HENNING & ROSENBERG, LLP "A nJa" 0- -l1),2 Q 2 L Maria Wells, Legal Secretaryto Jason C. Imler, Esquire Q C-S C7 ^} r_ rim _ m -10 -11 r?. Z" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAKER Vs. NO. 064069 DYBLIE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JASON P MCNICHOLL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/19/07 File #: M338321 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Nancy Sellers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Y BAKER Vs. DYBLIE No. 064069 TO: JASON IMLER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 01/29/07 JASON P MCNICHOLL, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Nancy Sellers Enc(s): Copy of subpoena(s) Counsel return card File #: M338321 rYpMrNWFALTH OF PEN bISYLVANIA COUNTY OF CUKBER AM BAKER Vs. File No. 064069 DYBLIE TO: SUBPOENA TO PRODUCE DOCUMENTS V%% BILLING REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 DR MARIETTA BANAGON, 4700 UNION DEPOSIT RD #140, HARRISBURG PA 17111 (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 SEE ATTACHED ADDENDUM at ----- MEDICAL LEGAL REPRODUCTIONS(A ssf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? 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 rea.onable 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 thi, subpoena may seek a court orde;- oompelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JASON P MCNICHOLL, ESQ ADDRESS : - 1200 GMP HILL BYPASS TELEPHONE: CAMP HILL, PA 17011 SUPREME COURT I D# 215 - 3 3 5- 3 212 ATTORNEY FOR: M338321-01 DEFENDANT DATE : 6", /. a)C9 Seal of the Court BY THE A IA ?? ?JA 709 Pr tar er Civil Division Deputy (Eff. 7/97) ' ADDENDUM TO SUBPOENA BAKER Vs. No. 064069 DYBLIE CUSTODIAN OF RECORDS FOR: DR MARIETTA BANAGON ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BAKER FROM BEFORE 9/1/04 TO THE PRESENT, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge; information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR MARIETTA BANAGON CUMBERLAND M338321-01 * * * SIGN AND RETURN THIS PAGE * * * co i • ?-d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY i BAYER Vs. NO. 064069 DYBLIE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHARLES E HADDICK JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/26/07 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M340231 By: Jennifer Shprintz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY • BAKER Vs. DYBLIE No. 064069 TO: JASON IMLER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 04/05/07 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Jennifer Shprintz Enc (s) : Copy of subpoena(s) Counsel return card File #: M340231 ryvAa-NWEALTH OF PEZRiSYLVANIA OOUNTY OF CUMBERLAND BAKER, , Vs. File No. _ 064069 DYBLIE , SUBPOENA TO PRODUCE DOCUMENTS BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 CENTRAL PENNA REHAB SPINE, 3916 TRINDLE RD, CAMP HILL PA 17011 TO: (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 ADDENDUM -- at MEDICAL LEGAL REPRODIICTIONS(AJO%ss#940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b, this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable 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 thi, subpoena may seek a court orde;- compelling you to car ply with-it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES F_. HAnr?ICK JR, ESQ ADDRESS: BYPASS TELEPHONE: CAMP HILL, PA 17011 SUPREME OOURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT M340231-01 DATE j4dj 1. q, v7Q0'>. S 1 of the Court BY THE T: /Trr-othonot?WCtk, Civil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA BAKER ' , , Vs. No. 064069 DYBLIE CUSTODIAN OF RECORDS FOR : CENTRAL PENNA REHAB SPINE **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: SAMANATHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CENTRAL PENNA REHAB SPINE CUMBERLAND M340231-01 * * * SIGN AND RETURN THIS PAGE * * * M ? ? R MEDICAL LEGAL REPRODUCTIONS. INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: kgai@nedleg.com Philadelphia, Pa 19107 ADDENDUM CENTRAL PENNSYLVANIA REHAB & SPINS CENTER ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BAKER FROM BEFORE THE DATE OF LOSS, 9/1/04, TO THE PRESENT, FROM CENTRAL PENNSYLVANIA REHABILITATION AND SPINE CENTER AND FROM KEYSTONE SPINE CENTER, INCLUDING BUT NOT LIMITED TO, ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. v?- ' '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAKER Vs. - NO. 064069 DYBLIE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GRANT W SCHONOUR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/24/07 GRANT W SCHONOUR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M340964 By: Jennifer Shprintz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAKER Vs. DYBLIE I No. 064069 TO: JASON IMLER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 05/03/07 GRANT W SCHONOUR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Jennifer Shprintz Enc (s) : Copy of subpoena(s) Counsel return card File #: M340964 COMH3NkMLTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAKER Vs. Fi Ie No. DYBLIE , 064069 SUBPOENA TO PRODUCE DOajMNTS BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Withir* twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATFACEIED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AgASsf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? 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 thin, subpoena may seek a court orde:- c ompe l l i ng you to ccrtp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME : GRANT W S CHONOUR , ESQ ADDRESS: - 3:200 eMP HILL BYPASS TELEPHONE : CAMP HILL-,-IW 17011 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR: F01* M340964-01 DATE: /,V, aw'7 Seal o e Court BY THE COURT: Prot tary/C1 Ci i1 Division Deputy (Eff. 7/97) ADDENDUM BAKER Vs. DYBLIE No. 064069 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: SAMANTHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M340964-01 TO SUBPOENA * * * SIGN AND RETURN THIS PAGE * * * M ? L ? R MEDICAL LEGAL REPRODUCTIONS, INC. Main Owke Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: kgai@medfeg.com Philadelphia, Pa 19107 ADDENDUM HOLY SPIRIT HOSP ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BARER FROM BEFORE THE DATE OF LOSS, 9/1/04, TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. rYVAMMMEALTH OF PENNSYLVANIA COUNTY OF CIIl93EEMAND BAKER . Vs. DYBLIE , Fi le No. 064069 SUBPOENA TO PRODUCE DOCUMENTS BILLIIG REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: QUANTUM IMAGING & ASSOCS, 2527 CRANBERRY HWY, WAREHAM MA 02571 (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 at MEDICAL LEGAL REPRODUCTIONS(A3§reSsf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of. the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable 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 thin subpoena may seek a court orde;- ampeIling you to cam ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME : GRANT W S CHONOUR , E S Q ADDRESS : BYPASS TELEPHONE: CAMP HILL" PA-17 011 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT M340964-02 DATE : _ In ! o?? 7 --1114 Seal of he Court BY THE OOURT: Prot tart'/C C dfril Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA BAKER Vs. No. 064069 DYBLIE CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING & ASSOCS **SEE ATTACHED ADDENDUM** **TO INCLUDE ANY AND ALL RECORDS FROM ALL QUANTUM IMAGING FACILITIES IN PENNSYLVANIA PERTAINING TO: NAME: SAMANTHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or QUANTUM IMAGING & ASSOCS CUMBERLAND M340964-02 * * * SIGN AND RETURN THIS PAGE * * * ? M L ? R MEDICAL LEGAL REPRODUCTIONS. INC. . Main O/Fice Phone: (2M 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: kgai@medkg.com Philadelphia, Pa 19107 ADDENDUM QUANTUM IMAGING & ASSOCS ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BARER FROM BEFORE THE DATE OF LOSS, 9/1/04, TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING, *TO INCLUDE ANY AND ALL RECORDS FROM ALL QUANTUM IMAGING FACILITIES IN PENNSYLVANIA* COMMONWEALTH OF PENNSYLVANIA OOUNrY OF CUMBERLAND BAKER . Vs. DYBLIE Fi le No. 094o6g SUBPOENA TO PROOl1CE DOCUMENTS M%% BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SPIRIT PHYSICIAN SVCS, 205 GRANDVIEW AVE STE 210, CAMP HILL PA 17011 (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 ADDENDUM at MEDICAL LEGAL REPRODUCTIONS<Asj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of cc p1iance, to the party making thi_ 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 thi3 subpoena may seek a court orde;- campelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GRANT W Sr-HONOUR, ESQ ADDRESS: - BYPASS TELEPHONE: CAMP HILL, 17011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M340964-03 DATE: MtN X107 Seal (it the Court BY THE OOURT: Prot tart'/ vil Division Deputy (Eff. 7/9T) ADDENDUM TO SUBPOENA BAKER Vs. No. 064069 DYBLIE CUSTODIAN OF RECORDS FOR: SPIRIT PHYSICIAN SVCS **SEE ATTACHED ADDENDUM** PERTAINING TO: .NAME: SAMANTHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SPIRIT PHYSICIAN SVCS CUMBERLAND M340964-03 * * * SIGN AND RETURN THIS PAGE * * * M T L ? R MEDICAL LEGAL REPRODUCTIONS. INC. . Main Ofi'ice Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: kga4medleg can Philadelphia, Pa 19107 ADDENDUM SPIRIT PHYSICIAN SERVICES ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BAKER FROM BEFORE THE DATE OF LOSS, 9/1/04, TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. COMMX WEALTH OF PENNSYLVANIA ODi]NTY OF CL193EEUANID BAKER Vs. DYBLIE Fi le No. 09406 SUBPOENA TO PRODUCE D=11ENTS M%% BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND ORTHO & SPINE, 4640 TRINDLE RD STE 200, CAMP HILL PA 17011 (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 ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AJNCessf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi; request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin, subpoena may seek a court orde:- coape l l i ng you to omp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GRANT W SCHONOUR, ESQ ADDRESS : BYPASS TELEPHONE: CAMP HILL, PA 17011 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M340964-04 DATE: /11, 07-00-) Seal f the Court BY THE COURT: Prot tary/C1 Ci r I Division Deputy (Eff. 7/97) ADDENDUM BAKER Vs. DYBLIE No. 064069 CUSTODIAN OF RECORDS FOR : CUMBERLAND ORTHO & SPINE **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: SAMANTHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CUMBERLAND ORTHO & SPINE CUMBERLAND M340964-04 TO SUBPOENA * * * SIGN AND RETURN THIS PAGE * * * M T L ? R MEDICAL LEGAL REPROD UCTIONS, INC. Main Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: 1ega1@medfeg.com Philadelphia, Pa 19107 ADDENDUM CUMBERLAND ORTHO & SPINE PT ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BARER FROM BEFORE THE DATE OF LOSS, 9/1/04, TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. COMu WWFALTH OF PENNSYLVANIA OOUNPY OF C(IKBEEUAND BAKER Vs. File No. 064069 DYBLIE SUBPOENA TO PRODUCE DOCUMENTS BILLINQ REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 SUSQUEHANNA VAL PAIN MGMT, 2025 TECHNOLOGY DR STE 2, MECHANICSBURG PA 1 TO: (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 ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AJ&Wess'f940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onabie 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 thin subpoena may seek a court orde:- commpe l ling you to army l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME : GRANT W S CHONOUR , E S Q ADDRESS : t260 eMP HILL BYPASS TELEPHONE: CAMP HILL, 17011 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M340964-05 DATE : Mau I q - aco7 Seal c(I the Court BY THE COURT : Prot tary/cl i it Division Deputy (Eff. 7/97) .ADDENDUM BAKER Vs. DYBLIE No. 064069 CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VAL PAIN MGMT **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: SAMANTHA L BAKER ADDRESS: DATE OF BIRTH: 02/29/76 SSAN: XXXXX3301 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SUSQUEHANNA VAL PAIN MGMT CUMBERLAND M340964-05 TO SUBPOENA * * * SIGN AND RETURN THIS PAGE * * * M ? L 4D R MEDICAL LEGAL REPRODUCTIONS, INC. Maine Office Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: legai@medleg.eoee Philadelphia, Pa 19107 ADDENDUM SUSQUEHANNA VALLEY PAIN MGMT ANY AND ALL MEDICAL RECORDS REGARDING SAMANTHA L BARER FROM BEFORE THE DATE OF LOSS, 9/1/04, TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, PROGRESS REPORTS, RADIOLOGY REPORTS, CONSULTATIONS AND BILLING. kJ-) •I Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com SAMANTHA BAKER, Plaintiff V. HARRY DYBLIE, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4069 : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 0 By: rf?'_ Andrew C. Spears I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff V Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com SAMANTHA BAKER, Plaintiff V. HARRY DYBLIE, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4069 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On 7/29/09, 1 hereby certify that a true and correct copy of a Praecipe to Settle, Discontinue and End was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Grant W. Schonour, Esq. Dickie, McCamey & Chilcote P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Dated: 7/29/09 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP ate: Q By: _ Gr Andrew C. Spears . D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff Fl CC TFr- 2 0 0 9 x .:' 30 i ? ? Z: 5