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Home My WebLink About06-4525ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey IDN : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EILEEN BOULDEN, Plaintiff V. SARAH HILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Ot. -ISIS'ZS (2t CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or 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 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. 329039 ORIGINAL 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 St., Carlisle, 17013, (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes piginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED 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 32 S. Bedford St., Carlisle, 17013, (717) 249-3166 329039 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238.6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EILEEN BOULDEN, Plaintiff V. SARAH HILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P/A? NO. 01. - CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Eileen Boulden is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides in Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Sarah Hiller is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1724 Indian Run Road, Malvern, Chester County, Pennsylvania, 19355. 3. The facts and occurrences hereinafter related took place on or about November 5, 2004, on Route 34, Cumberland County, Pennsylvania. 4. Ms. Eileen Boulden was operating her motor vehicle, a 1995 Chevy Corsica, on Route 34. 5. At the same time, Defendant Sarah Hiller was operating a 1997 Ford Escort. 6. Plaintiff Eileen Boulden stopped on Route 34 to make a left turn onto State Road. While she was waiting to turn, the front of Defendant Sarah Hiller's vehicle collided into the rear of Ms. Boulden's vehicle. 329039 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Eileen Boulden are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Sarah Hiller operated her motor vehicle as follows: a) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c) failure to apply her brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; d) failure to travel at a safe speed; e) failure to keep a proper watch for traffic on the highway; f) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8. Plaintiff Eileen Boulden sustained painful and severe injuries, which include but are not limited to, right hip ligament tear, chronic back pain, and pain in her right hip and right leg. 9. By reason of the aforesaid injuries sustained by Plaintiff Eileen Boulden, she was forced to incur liability for chiropractic treatment and will continue to incur chiropractic expenses in an effort to restore herself to health, and claim is made therefor. 10. Because of the nature of her injuries, Plaintiff Eileen Boulden has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Eileen Boulden has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 329039 2 12. As a result of the aforesaid injuries, Plaintiff Eileen Boulden has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 13. Plaintiff Eileen Boulden continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Eileen Boulden demands judgment against Defendant Sarah Hiller in an amount in excess of Thirty-five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: C6r?-ob ANGINO & ROVNER, P.C. a ' L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 329039 VERIFICATION I, Eileen Boulden, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: gileen Boulden Dated: (° /ate 329039 -;ti- p l4 c Lee) 11 EILEEN BOULDEN Plaintiff VS. SARAH HILLER , Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4525 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER TO COMPLAINT 1-5. Admitted based upon information and belief. 6-13. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiff, Eileen Boulden. NEW MATTER 14. Paragraphs 1-13 are incorporated herein as if reference were made thereto. 15. The plaintiff's claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, the Defendant respectfully requests the Complaint be dismissed with costs to be paid by the Plaintiff Eileen Boulden. Respectfully submitted, NEALON GOVER & PERRY By: Date: Jenni ftTey Allen, Esquire I. D. #: 4 11 2411 North Front Street Harrisburg, PA 17110 717-232-9900 CERTIFICATE OF SERVICE ?h AND NOW, this day of September, 2006, 1 hereby certify that I have served the foregoing Answer to Complaint With New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David Lutz, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 Jenni H,6n`ky Allen, Esquire (? ; r. ? `_ „} 'il j ? ,r?i - -; f ?s ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EILEEN BOULDEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. SARAH HILLER, Defendant NO. 06-4525 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 To: Defendant Sarah Hiller, by and through her attorney Jenni Henley Allen Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on November 5, 2004, you were involved in a motor vehicle accident on Route 34 in Cumberland County, Pennsylvania? Admit Deny 335842 .. 2. Do you admit that before the subject motor vehicle accident, you were operating a 1997 Ford Escort traveling on Route 34? Admit Deny 3. Do you admit that as you were operating your 1997 Ford Escort on Route 34, the front of your vehicle collided into a 1995 Chevy Corsica that was stopped on Route 34 waiting to turn left onto State Road? Admit Deny ANGINO & ROVNER, P.C. 4k av L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date:_' b 335842 + w CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant M - raets Dated: A It u 335942 ?-, r_, -. ?" C`..? _... i_..I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOULDEN EILEEN VS HILLER SARAH R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HILLER SARAH but was unable to locate Her deputized the sheriff of CHESTER in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 24th , 2006 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answers: _ ?'- - Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Chester Co 30.29 Sheriff of Cumberland County Postage 1.02 68.31 L -0 46 08/24/2006 ANGINO & ROVNER Sworn and subscribe to before me this day of A. D. .. 1 , 1,6- i c In The Court of Common Fleas of Cumberland County, Pennsylvania Eileen Boulden S, vs. Dat.-?`?-e G Sarah Hiller paid, No. _,--------., tteceipt NO. Last day 1',) 06-4525 civil Now, August 9, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of _ _Chest County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, - gt% 16 11", , 20 u 6, at 7.5.5 o'clock ,P M. served the withir. A/b - Fri upon DCr r4p,yt.r'r C/5 j4-1 r 3 -n by handing to 5;LCig# r?(?e a CE-07-112- copy of the original aMPL4rA)T and made known to L>Cr& v ?)/+ry?- the contents thereof. So answers, .5 Sworn and-subscribed before me this 1: " .day of 0 e ?. _ N SE. Z S Public X12' ? `w Sheriff of County, PA COSTS SERVICE _ MILEAGE My cowossian expires September 30, 2008 AFFIDAVIT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER i dm-'.ear COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-4525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 MCS on behalf f JE I? ALLEN , J U At orney for DEFENDANT R1.18 133-H DE11-0649646 33601- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN BOULDEN vs. SARAH HILLER File No. 06-452if SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AL LSTATE INSURANCE COMPANY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESQ. ADDRESS: 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY T COURT: Pr onotary/C Ci 1 Division Deputy 33601-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLSTATE INSURANCE COMPANY 2600 COROPORATE DRIVE SUITE 230 BIRMINGHAM, AL 35242 RE: 33601 EILEEN BOULDEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. CLAIM #:1555009115 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : EILEEN BOULDEN 191 KONHAUS ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-0987 Date of Birth: 02-08-1952 Date of Loss: 11/05/2004 R1.15S 133-H SU10-0642950 33601-LO1 IN THE MATTER OF: EILEEN BOULDEN SARAH HILLER CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA F PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -vs- CASE NO: 06-4525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 ,IMCS on behalf of J ?I% ALLEN ; ????- ? At orney for DEFENDANT R1.18 133-H DE11-0649647 33601-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CASE NO: 06-4525 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS PINNACLE HEALTH MEDICAL RECORDS PINNACLE HEALTH X-RAY ONLY QUANTAM IMAGING & THERAPEUTIC MEDICAL RECORDS & XRAYS PA OPEN MRI MEDICAL RECORDS & XRAYS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: JENNI ALLEN, ESQ. - 06660 PATRICIA CANNING - 1555009115 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.18 133-H DE02-0341872 33601-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN BOULDEN vs. SARAH HILLER File No. 06-452k SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NICASTRO CHIROPRACTIC CLINIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun Inc 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESQ. ADDRESS: 2411 N FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (25) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY T COURT: Pr thonotary/ ivi ivision Deputy 33601-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NICASTRO CHIROPRACTIC CLINIC 63RD WEST SOUTH STREET NEWUILLE, PA 17016 RE: 33601 EILEEN BOULDEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : EILEEN BOULDEN 191 KONHAUS ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-0987 Date of Birth: 02-08-1952 R1.15S 133-H SU10-0642952 33601-LO2 CERTIFICATE IN THE MATTER OF: EILEEN BOULDEN SARAH HILLER PREREQUISITE TO SERVICE OF A SUBPOENA b + PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 06-4525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 M on behalf, of (I -77tt J JEN, Attorney for DEFENDANT R1.18 133-H DE11-0649648 33601-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CASE NO: 06-4525 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS PINNACLE HEALTH MEDICAL RECORDS PINNACLE HEALTH X-RAY ONLY QUANTAM IMAGING & THERAPEUTIC MEDICAL RECORDS & XRAYS PA OPEN MRI MEDICAL RECORDS & XRAYS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: JENNI ALLEN, ESQ. - 06660 PATRICIA CANNING - 1555009115 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.18 133-H DE02-0341872 33601-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN BOULDEN File No. 06-4531 vs. SARAH HILLER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GrojM. Inc 1601 Market Street Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESO. ADDRESS: 2411 N. FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH COURT: Prot onotary/Cler evil ision Deputy Date: 'P -411 _ , Of. Seal of the Court 33601-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH P.O. BOX 8700 HARRISBURG, PA 17105 RE: 33601 EILEEN BOULDEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : EILEEN BOULDEN 191 KONHAUS ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-0987 Date of Birth: 02-08-1952 R1.15S 133-H SU10-0642954 33601-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-4525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 ?tM on behal? Of J I ALLEN, ESQ. A torney for DEFENDANT R1.18 133-H DE11-0649649 33601-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CASE NO: 06-4525 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS PINNACLE HEALTH MEDICAL RECORDS PINNACLE HEALTH X-RAY ONLY QUANTAM IMAGING & THERAPEUTIC MEDICAL RECORDS & XRAYS PA OPEN MRI MEDICAL RECORDS & XRAYS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: JENNI ALLEN, ESQ. - 06660 PATRICIA CANNING - 1555009115 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.18 133-H DE02-0341872 33601-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN BOULDEN vs. SARAH HILLER File No. 06-452-C SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GrojW. Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN, ESO. ADDRESS: 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: ry/ Civil ivision Pro 4h' Deputy Date: Seal of the Court 33601-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR PINNACLE HEALTH RADIOLOGY DEPT. P.O. BOX 8700 HARRISBURG, PA 17105 RE: 33601 EILEEN BOULDEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : EILEEN BOULDEN 191 RONHAUS ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-0987 Date of Birth: 02-08-1952 R1.15S 133-H SU10-0642956 33601-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-4525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 fMC Ibehalf Vi: i " J N A orney for DEFENDANT R1.18 133-H DE11-0649650 33601-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CASE NO: 06-4525 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS PINNACLE HEALTH MEDICAL RECORDS PINNACLE HEALTH X-RAY ONLY QUANTAM IMAGING & THERAPEUTIC MEDICAL RECORDS & XRAYS PA OPEN MRI MEDICAL RECORDS & XRAYS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: JENNI ALLEN, ESQ. - 06660 PATRICIA CANNING - 1555009115 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.18 133-H DE02-0341872 33601-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN BOULDEN vs. SARAH HILLER File No. 06-4571C SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for QUANTAM IMAGING AND THERAPE TTI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street, Suite 800 Philadelphia, PA 19103 - You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESO. ADDRESS: 2411 N. FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: sp, -?- / Seal of the Court BY TIJU CO T: Prot notary/Clerk, evil Tsion Deputy 33601-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTAM IMAGING & THERAPEUTIC 629-D LOWTHER RD. LEWISBERY, PA 17339 RE: 33601 EILEEN BOULDEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : EILEEN BOULDEN 191 KONHAUS ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-0987 Date of Birth: 02-08-1952 R1.15S 133-H SU10-0643278 33601-LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER TERM, CUMBERLAND CASE NO: 06-4525 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNI ALLEN, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/04/2006 COURT OF COMMON PLEAS f MC J??ZNalf , ?/ J A orney for DEFENDANT R1.18 133-H DE11-0649651 33601-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EILEEN BOULDEN -VS- SARAH HILLER COURT OF COMMON PLEAS TERM, CASE NO: 06-4525 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLSTATE INSURANCE COMPANY INSURANCE NICASTRO CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS PINNACLE HEALTH MEDICAL RECORDS PINNACLE HEALTH X-RAY ONLY QUANTAM IMAGING & THERAPEUTIC MEDICAL RECORDS & XRAYS PA OPEN MRI MEDICAL RECORDS & XRAYS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of JENNI ALLEN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/14/2006 CC: JENNI ALLEN, ESQ. - 06660 PATRICIA CANNING - 1555009115 Any questions regarding this matter, contact MCS on behalf of JENNI ALLEN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.18 133-H DE02-0341872 33601-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EILEEN BOULDEN vs. SARAH HILLER File No. 06-452-C SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA OPEN MR I (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JENNI ALLEN. ESQ. ADDRESS: 2411 N. FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: A Z OD G Seal of the Court BY T CO T Division C' it Prot nota7?? Deputy 33601-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA OPEN MRI 5400 CHAMBERS HILL ROAD HARRISBURG, PA 17111 RE: 33601 EILEEN BOULDEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : EILEEN BOULDEN 191 KONHAUS ROAD, MECHANICSBURG, PA 17050 Social security #: XXX-XX-0987 Date of Birth: 02-08-1952 R1.15S 133-H SU10-0642960 33601-LO6 r?i f'^. ?--{ ._ ? ;1 -T? --? -? i _ f '_ ?1 ?l I- ?- _. r.w '5 j__i •• --? ? ?i? ?? M EILEEN BOULDEN, Plaintiff VS. SARAH HILLER, Defendant N THE COURT OF COMMON PLEAS OUMBERLAND COUNTY, PENNSYLVANIA 40. 06-4525 CIVIL TERM IVIL ACTION - LAW 1. Admitted. 2. Admitted. 3. Admitted. EST iR ADMISSION - Respectfully submitted, NEALON GOVER & PERRY Date: By Jan i Henley Allen, Esquire A ney I.D. No. 84311 241 Nort h Front Street Ha burg, PA 17110 (717 232-9900 ... TIO I, SARAH P. HILLER, ve that the statements made in the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS -- SET NO. 1 are true and correct. I to the penalties of 18 Pa.C.S.A. §49C Date: , i A .3 -'-C, 0 & d that false statements herein are made subject relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this day of , 2006, 1 hereby certify that I have served the foregoing Defendant's Answers to Plaintiff's Request for Admissions - Set No. 1 on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, add 450 Hai to: tid Lutz, Esquire LINO & ROVNER North Front Street sburg, PA 17110 ra LD A -It -G co ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com T T 1 C EILEEN BOULDEN, Plaintiff V. SARAH HILLER, Defendant IN THE COURT Or UUMMuly ri,L-- CUMBERLAND COUNTY, PA NO. 06-4525 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Defendant Sarah Hiller, by and through her attorney Jenni Henley Allen Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on November 28, 2006, you testified in deposition that you were traveling approximately 35 miles per hour when the front of your vehicle collided into the rear of the Plaintiff's vehicle? Admit Deny ORIGINAL 342762 2. Do you admit that on November 28, 2006, you testified in deposition that the 1997 Ford Escort you were driving at the time of the subject accident was totaled? Admit Deny ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 342762 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant Dated: J \ ` oj 342762 r i ;? -Ij f f ?$ ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North. Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EILEEN BOULDEN, Plaintiff v.. SARAH HILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4525 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE :HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $35,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Jenni Henley Allen, Esquire. 343957 WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. r Date: ANGINO & ROVNER, P.C. l David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 343957 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE FOR ARBITRATION upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant Dated: ' ,i Mary 1) Geraets 4 343957 ?-? ? r ? Q G ? ? °?, 6` ?" ?- ? ? ? ? f- ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney IM : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EILEEN BOULDEN, Plaintiff V. SARAH HILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4525 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of av? , 200 1 , in consideration of the foregoing petition, Esq. Esq. and Esq. are appointed arbitrators in the above- captioned action as prayed for. BY T Co T __- . y `I` 1 LI J. , 343957 CI: ?. ti ;? 4p EILEEN BOULDEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH HILLER, DEFENDANT 06-4525 CIVIL TERM ORDER OF COURT AND NOW, this 2-z4 day of February, 2007, the appointment of E. Ralph Godfrey, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Upon agreement of counsel, the arbitration hearing may proceed with the two remaining arbitrators. John M. Eakin, Esquii Chairman Court Administrator :sal Edgar B. Bayley, J. C N ._ n om ? f . Q ... cn .. µ t i L+- S ? . LA- U p ? ca ?y Plaintiff S9rAg Hiou, Defendant ?b. P,?ax 385' Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wi delity. ?i 'Q ignature S jc7yk/ M . A/ Name (Chairman Law Firm k1 ?? 1',r- r c: o c Address ?r r L -? Signature LIjA r1. CtP£gson/ Name Law Firm M [ (f4 4ltl rC'S",rq)P 4 17o v- city, zip Address Cam/1?? X70/3 city, zip In The Court of Common Pleas of Cumberland County, Pennsylvania No. Civil Action - Law. Award Signature Name Law Firm Address city, zip Date of Hearing: 21114 & 7 Date of Award: a7 (Chairman) Notice df Entry cf kward -try,--,., ...°`;'L:..,::•ti>,. Now, the _ day of f arr-h , 20_0?, at 1/:,31o , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbillators' commensation to be paid upon appeal: $ 019D. DD By: Prothonotary Deputy . Arbitrator, dissents. (Insert name if applicable.) We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 05, a Eileen Boulden, Plaintiff IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PENNSYLVANIA Sarah Hiller, Defendant NO. 06-4525 Civil Term NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: of Notice is given that Plaintiff appeals from the award of the board arbitrators entered in this --ase on 3 - 8 - 0 7 A jury trial is demanded [E (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. cc Jenni Henley Allen, Esquire Date: March 12, 2007 8 Cz? 44 D G N w .-c _?C?i PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) () Assumpsit () Trespass (X) Trespass (Motor Vehicle) () Other EILEEN BOULDEN, The trial list will be called on 5 - 2 2 7 and Plaintiff xxxxxxxx v. Trials commence on 6-18-.07 SARAH HILLER, Defendant Pre-trials will beheld on5 - 3 0 - 0 7 (Bi fs are due 5 days before pre-trials.) II (The party listing this case for tri 1 shall provide forthwith a copy of the praeci to all counsel, pursuant to local Rule 314-1. No. 06-4525 Civil Term Indicate the attorney who will try case for the party who files this praecipe: vid L. Lutz, Esquire, 4503 N. Front Street, Harrisburg, PA 17110. Indicate trial counsel for other parties if known: Jenni Henley Allen, Esquire, 2 11 North Front Street, Harrisburg, PA 17110 This case is ready for trial. 01 Signed: I Print Name: David L. Lutz, E?sdui Attorney for Plaintiff(s) Date: 3-20-07 a ` Q ' N / ?j W C"! N cn n Y EILEEN BOULDEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-4625 CIVIL TERM SARAH HILLER, Defendant CIVIL ACTION - LAW DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, comes the Defendant, Sarah Hiller, by and through her attorneys, Nealon Gover and Perry, who respectfully requests a continuance in the above-captioned matter and in support thereof avers the following: 1. On March 20, 2007, a Praecipe for Listing Case for Trial was filed by Attorney David L. Lutz on behalf of the Plaintiff, Eileen Boulden. 2. The case was set to be called on May 22, 2007 with the Pre-Trial Conference to be held on May 30, 2007. 3. The undersigned counsel has a conflict with the aforementioned schedule and respectfully requests a continuance in this matter to the September 2007 trial term. 4. The undersigned counsel has conferred with Attorney David L. Lutz and Attorney Lutz has indicated that he is unopposed to the continuance request. Ab WHEREFORE, based upon the foregoing, the Defendant respectfully requests a Continuance in the above captioned matter until the September 2007 trial term. Respectfully submitted, Date: -7 NEALON & GOVER By: l LZk '.14 W'10'A.'n O,-> Nicole Werner Attorney I.D. 203057 101 S. Duke Street York, PA 17401 (717) 852-7888 EILEEN BOULDEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-4525 CIVIL TERM SARAH HILLER, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this A day of May, 2007, 1 hereby certify that I have served the foregoing Motion for Continuance on the following by mail delivery: David Lutz, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 (?Lt)A Nicole Werner, Esquire 9 C'? j w '?17 EILEEN BOULDEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-4525 CIVIL TERM SARAH HILLER, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of 1 0 , 2007, it is hereby ordered and decreed that the above-captioned matter has been continued to J. Distribution: Nicole Werner, Esquire ,,.,Dgvid L. Lutz, Esquire xe_o? o f) gGoVe? $.w? V " ?.1 i.r Ml It 0 a' a3 L PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) EILEEN BOULDEN, Plaintiff V. SARAH HILLER, Defendant (check one) () Assumpsit () Trespass (X) Trespass (Motor Vehicle) 0 Other The trial list will be called on 8-21-07 and None. Trials commence on 9-17-07. Pre-trials will beheld on 8-29-07 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 06-4525 Civil Tenn Indicate the attorney who will try case for the party who files this praecipe: David L. Lutz, Esq., 4503 N. Front Street, Harrisburg, PA 17110. Indicate trial counsel for other parties if known: Nicole Werner, Esq., 101 S. Duke Street, York, PA 17403. This case is ready for trial. z2L 'r Signed: Print Name: David L. Lutz, Esquire Date: 5-24-07 Attorney for Plaintiff(s) ORIGINAL F> IAIA'! 1 a EILEEN BOULDEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SARAH HILLER, Defendant 06-4525 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of May, 2007, pursuant to an agreement of counsel the above!-captioned case is stricken from the trial list and counsel are directed to relist the matter for trial at such time as they deem appropriate. vid L. Lutz, Esquire For the Plaintiff ,,4nni Henley Allen, Esquire For the Defendant pcb By the Court, 'ld?" , '/ J. Wesley er, J . , J. ffri 'SJ A'l 11, J? -tI t 7t cft,EE BOULI)&1V Plaintiff 591Mg N1)_t u- Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 ? -_ ? L s: Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wi delity. Signature Name (Chairman) Law Firm 114 r9? i\IE r c o Address rr? r? Signature L,IIA M, ? FAsev Name M CIS 4IC(CS j,6 Up4 17ov' city, zip * IOStolo Law Firm D.13ax ;555 Address city,# ? 1139 zip Award Signature Name Law Firm Address city, zip . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing:_ 2 -7 Il!4 6,7 Date of Award: ?-7 -cL 61- (Chairman) Notice of Entry cf Am?ard sA ? s 1% •,, Now, the h day of March , 20_D?, at 11:31,o , A•M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. 4-1-i2tQ-3' Cc r?nPrcatinrt to be raid upon appeal: $ a9b. 00 By: Prothonotary Deputy We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Ao& D -4 APO Q pA P ?? t4a CO f v #7 EILEEN BOULDEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4525 CIVIL TERM SARAH HILLER, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, August 29, 2007, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was David L. Lutz, Esquire, and present for the Defendant was Nicole M. Werner, Esquire. Mr. Lutz has a professional witness coming in live and would like this to be the lead off case on Monday. It will take approximately one half day to try. Both counsel are also involved in the Scherer v. Epaliere case, which is No. 4 on the list. It would make sense to assign both cases to the same judge and schedule Scherer to pick first on Tuesday morning. This is a straightforward automobile accident case in which negligence is not in issue. The only issues are factual cause and damages. Settlement negotiations have broken down, and this is a definite trial. the Cour Edward E. Guido, J. David L. Lutz, Esquire Attorney for Plaintiff Nicole M. Werner, Esquire Attorney for Defendant Court Administrator n r'' o ni srs EILEEN BOULDEN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. SARAH HILLER, DEFENDANT NO. 06-4525 CIVIL TERM VERDICT QUESTION 1: Do you find that the negligence of the Defendant, Sarah Hiller, was a factual cause in bringing about the Plaintiff's harm? YES NO If you answer Question 1 "No," plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 2: State the amount of damages, if any, sustained by the Plaintiff as a result of the accident. TOTAL $ ` ,D00 DATE: ldeigV7 FO u d3S tool •Nr?lµ y. }q{?? fit _ Ujs S Id C- -I Df l?''?L`'?S z All' niolillilli CASE NO.: _ COURTROOM NO.: L& ld te!? VS o? AliA DOCKET NO.: fOlo - S "! o.ls- DATE: q / 7- D 7 Juror # Name Random No. 1 122 KARPER, MARGARET E. -2123824984 2 160 BRICKER, PATRICIA L. -2090033604 4 126 SINGER, SUSAN G. -1957842209 5 159 NOEL, JAMES G 1945207033 r 108 PROTZMAN, PAULINE A -1838912149 ALD, ALEXANDER M. 0-7-7472- A3 1} 136 MALCOLM, SUZANNE -1653009279 -15-M8816? . '6 10 11 it ', W. E?-" RR - 45044 55 } vZ. 1 v n 4S56R ??? At 12 42 L7 14 116 CASNER, BRIAN L. -1238725924 15 143 BURR, THOMAS A. -1178841460 17 113 ROBINSON, JUDY K. -1154851439 18 144 DUTTON, CALVIN P.,JR. -1146382691 19 157 COLDSMI TH, EDWIN E -800544911 20 137 HENNINGER, TERRY L -772505426 2 ( 138 MEKHAIL, MARY A. -652807529 22 156 NACE, ROBERT L -634791120 2.3 125 PREBLE, GEORGE -477661418 24 146 DUNN, LORETA -417451501 25 128 SCHEIB, CONSTANCE L. -400766156 26 123 ZENGERLE, MEGAN B. -133427831 27 154 THOMAS, DORIS J. 17921458 28 149 ENGLAND, SUSAN J. 133838150 Lc} 147 MUMPER, MARITZA 655089496 0 134 CORR, KATHLEEN M. 774551168 31 118 FOLTZ, MICHAEL W. 1087003754 32 114 ZOOK, ZACHARY 1170389118 33 105 JESELNICK, GREGORY 1190041653 4 152 FARLEY, JOSEPH R. 1212769301 35 158 CROWNOVER, CATHY 1249178846 1 155 WIBLE, JEFFREY S. 1380949067 Monday, September 17, 2007 Page 1 of 2 A,,4a Ac ole- d 37 38 39 40 Juror # Name 115 HAIR, NICOLE L 129 MC CORMICK, EDWARD J. SR. 110 ALEXANDER, MARTHA J 145 DORKO, JOAN Random No. 1585160743 1956671525 2041929168 2092599194 Monday, September 17, 2007 Page 2 of 2