HomeMy WebLinkAbout02-2169ELAINE NACE,
Plaintiff
Ve
DANIEL R. MILLER and RUTH
MILLER (nee RUTH REINARD),
Husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO./~lt.'~ CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
ELAINE NACE,
Plaintiff
DANIEL R. MILLER and RUTH
MILLER (nee RUTH REINARD),
Husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.O~-~I/~ CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
COUNT I
ELAINE NACE, by and through her attorney, R. Mark Thomas, Esquire,
hereby files a Complaint against the defendants, DANIEL R. MILLER and RUTH
MILLER (nee RUTH REINARD), as follows:
1. Plaintiff Elaine Nace is an adult individual who currently resides at 344
North Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043.
2. Defendants Daniel R. Miller and Ruth Miller (nee Ruth Reinard) are
husband and wife and reside at Rte. 1, Box 109, Port Treverton, Pennsylvania 17864.
3. The car accident which gives rise to this cause of action occurred on May
3, 2000, which was before Defendants Daniel R. Miller and Ruth Miller were married.
4. On or about May 3, 2000, at approximately 8:00 a.m., plaintiff Elaine
Nace was driving a 1995 Saturn Northbound on 38th Street in the area of 3800 Trindle
Road, Camp Hill, Pennsylvania when she stopped to make a left hand turn into the
strip mall at that location.
5. Plaintiff had activated her left turn signal prior to coming to a stop and
was waiting for oncoming traffic to clear prior to turning left.
6. Suddenly and without warning to plaintiff Elaine Nace, defendant Ruth
Miller (nee Reinard), who was driving a truck owned by defendant Daniel R. Miller,
collided with the rear end of plaintiffs 1995 Saturn.
7. Defendant Ruth Miller (nee Reinard) carelessly, recklessly and
negligently drove Mr. Miller's vehicle into the rear end of plaintiffs car causing plaintiff
to sustained severe and serious injuries as described more fully hereinafter.
8. The carelessness, recklessness and negligence of the defendant Ruth
Miller (nee Reinard) consisted of the following:
(a) Failing to have her vehicle under proper and
adequate control at the time of the collision;
(b) Operating her vehicle in a careless and reckless
manner without due regard for the rights and safety of those lawfully
upon the roadway, one of whom was plaintiff Elaine Nace at the point
aforesaid;
(c) Failing to see that plaintiff had stopped her car and
activated her left turn signal for the purpose of turning left;
(d) Failing to stop her vehicle prior to colliding with the
rear end of plaintiffs car;
(e) Following too closely so as to prevent her from being
able to stop her car prior to colliding with the rear end of plaintiffs car;
and
(f) Failing to avoid colliding with plaintiffs car when
there was sufficient time to either stop or avoid colliding with the rear end
of plaintiffs car.
9. By reason of the aforesaid carelessness, recklessness and negligence of
defendant Ruth Miller (nee Reinard) as herein before alleged, the plaintiff Elaine Nace,
suffered severe and permanent injuries to her neck, shoulders and back which consisted
of severe and permanent injuries to the bones, muscles, tendons, ligaments, nerves and
tissues of her neck, shoulders and back including, but not limited to, acute cervical
strain and sprain, lumbar strain and sprain as well as other injuries in the area of her
neck, shoulders and back which have yet to be diagnosed.
10. Plaintiff has in the past and will in the future undergo severe pain and
suffering which has resulted in and will in the future result in her inability to attend to
her usual duties and occupation, all to her great financial detriment and loss.
11. In addition to the aforesaid physical injuries, plaintiff Elaine Nace, as a
direct result of defendant's carelessness, recklessness and negligence as been caused to
suffer loss in the form of anxiety, humiliation, frustration, loss of the feeling of well
being, limitation of activities, and the loss of enjoyment of life.
12. As a further result of the accident herein, plaintiff Elaine Nace has been
and will be obliged to receive and undergo medical care,to expend various sums of
money and to incur various expenses for injuries which she has suffered, and she will
be obliged to continue to expend such sums or incur such expenditures for an indefinite
period of time in the future.
13. As a further result of the accident herein, plaintiff Elaine Nace has and
will suffer a loss of her earnings and/or an impairment of her earning capacity and this
loss will continue for an indefinite period of time in the future.
WHEREFORE, plaintiff demands judgment against the defendant in excess of
Twenty thousand ($20,000.00) dollars, plus interest and costs as the law may allow.
14. Paragraphs i through 13 are incorporated herein as if set forth at length.
15. Defendant Daniel R. Miller was the owner of the car being driven by
defendant Ruth Miller (nee Ruth Reinard) at the time of this accident.
16. It is believed and therefore averred that Ruth Miller (nee Ruth Reinard)
was driving the vehicle with the permission of defendant Daniel R. Miller and/or in the
alternative Ruth Miller (nee Ruth Reinard) was operating his vehicle for his benefit and
was thereby acting as his agent at the time of this accident.
WHEREFORE, plaintiff prays that judgment will be entered in her favor and
against defendant Daniel R. Miller for the injuries caused in this accident in an amount
in excess of Twenty thousand ($20,000.00) dollars, plus interest and costs as the law
may allow.
R. Mark Thomas
Attorney for Plaintiff
101 S. Market Street
Mechanicsburg, PA 17055
(717) 796-2100
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unswom falsification to authorities.
Date_ ..-C'---2.-0 ~ '_
SHERIFF'S RETURN -
CASE NO: 2002-02169 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NACE ELAINE
VS
MILLER DANIEL R ET AL
Thomas Kline
OUT OF COUNTY
duly sworn according to law,
and inquiry for the within named DEFENDANT
MILLER RUTH NEE RUTH REINARD
but was unable to locate Her
deputized the sheriff of SNYDER
serve the within COMPLAINT
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
He therefore
Pennsylvania,
in his bailiwick.
County,
& NOTICE
to
On May
14th , 2002 , this office was in receipt of the
attached return from SNYDER
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
05/14/2002
R MARK THOMAS
g. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 3,~ day of~l .... !
~2~ p~ A.D.
/ ! ProthonOtaryt ,
SHERIFF'S RETURN - OUT OF COUNTY
~ASE NO: 2002-02169 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NACE ELAINE
VS
MILLER DANIEL R ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MILLER DANIEL R
but was unable to locate Him in his bailiwick.
deputized the sheriff of SNYDER County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On May 14th , 2002 , this office was in receipt of the
attached return from SNYDER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Snyder Co
1@.00
9.00
10.00
25.00
.00
62.00
05/14/2002
R MARK THOMAS
So answers~ /
R/. Thomas Kline y
Sheriff of Cumberlan~d County
Sworn and subscribed to before me
,~ day of/~
this
A.D.
P~othonota~y'
gAVED # 02-2169 MISC. DKT. BK. # 31
PAGE # 044
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ELAINE NACE
¥S
DANIEL R. MILLER and RUTH MILLER
(nee RUTH REINARD) h/w
NO: 02-2169
NOTICE AND COMPLAINT
AFFIDAVIT OF SERVICE
AND NOW, May 10, 2002 1 Catherine Zellers, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder County,
Pennsylvania, being duly sworn according to law deposes and says that on May 9, 2002, at 10:40 A.M. served a copy &the
above described Notice and Complaint, upon Daniel R. Miller and Ruth Miller (nee Ruth Reinard), named defendant, by
personally handing to Ruth Miller, herself and as adult person in charge of the defendants residence at the time of service for
Daniel R. Miller, her husband at RR#1, Box 109, Chapman Road, Port Trevorton, Snyder County, Pennsylvania, a hue and
correct copy of the above described Notice and Complaint and made know to ~9~th Miller the contents of the same.
SO ANSWERS BY
JOSEPH REIGLE, JR., SHERIFF :
SNYDER COUNTY, PENNSYLVANIA DEPc O~ 'dC ~ ARA~ THZ~oLtpEZy~V-ANiA
COLFNTY OF SNYDER SS:
SWORN TO AND SUBSC ~RI~ED BEFORE ME
THIS ~d~2~_DAY~)F '7.//z2~. ,2002
DEPUTATION BY: SHERIFF OF CUIV~ERI.AND COUNTY PA.
PAID TO COUNTY CHECK #
SNYDER COUNTY SHERIFF'S FEES:
Docketing, Service, Etc.
Mileage
Notmy
$ lg. O0
9.00
3.00 REIMBURSED TO PETTY CASH CHECK #
TOTAL: $ 25.00
DEPOSIT :$75.00 Receipt #9215
Refund :$50.00 Check#
Return this form to Olnberland County Sheriff's office.
In' The Court of Common Pleas of Cumberland County, Pennsylvania
Elaine Nace
Daniel R. M~er et al
SERVE:
Daniel R. Miller No. 02 2169 civil
NOW, May 6, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Snyder Coun%~; 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,
,20 , at o'clock __
M. served the
upon
at
by handing to
a
and made known to
>- c~
Sworn and subscribed before
me this day of
,20__
copy of the original
So answers,
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
Return this form to Cuuberland County Sheriff's office.
In The CoUrt of Common Pleas of Cumberland County, Pennsylvania
Elaine Nace
Daniel R. M~ler et al
SERVE: Ruth Miller (nee Ruth Reina~o' 02 2169 civil
Now, ~ay 6, 2002 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Snyder 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, ,20 , at o'clock __
M. served the
within
upon
by handing to
a
=and made known to
Sworn and subscribed before
me this day of.
copy of the original
,2O
So answers,
the contents thereof.
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
ELAINE NACE,
Plaintiff,
DANIEL R. MILLER and RUTH
MILLER (nee RUTH RIENARD),
husband and wife,
Defendants.
IN THE COURT 0F COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 02-2169
CIVIL ACTION - ~AW
!
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behal of the
Daniel R. and Ruth Miller, with regard to the above-captioned ma1 er.
Date:
Defendants,
Respectfully submitted,
NEALON & GOVER,
By: ~ ....
Andrew C. Lehm;
I.D. #: 81937
2411 North Front
Harrisburg, PA 1;
717/232-9900
n, Esquire
~treet
'110
CERTIFICATE OF SERVICE
AND NOW, this / '~,/~day of June, 2002, I hereby certify that I have served the
/
foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a
/
true and correct copy of same in the United States mail, postage ~repaid, addressed to:
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
ELAINE NACE,
Plaintiff,
DANIEL R. MILLER and RUTH
MILLER (nee RUTH REINARD),
husband and wife,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO.: 02-2169
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
COUNT I
1. Admitted upon information and belief.
2.-3. Admitted.
4.-7. Denied as stated, however, it is admitted that on May3, 2000, at
approximately 8:00 a.m., in the area of the 3800 block of Trindle Road in Camp Hill,
'Pennsylvania, the front of Defendants' vehicle came into contact with the rear of
Plaintiff's vehicle. The remaining averments contained in these paragraphs are denied
pursuant to Pa.R.C.P. 1029(e).
8. Denied pursuant to Pa.R.C.P. 1029(e).
9.-13. Denied as Defendant is without sufficient information to form a belief as to
the truth of the matter asserted, and proof is demanded at trial. Any remaining
averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant Ruth Miller respectfully requests judgment in her favor
plus costs.
COUNT II
14. Paragraphs 1 through 13 are incorporated herein as if set forth at length
by reference thereto.
15. Admitted.
16. Denied as stated, however, it is admitted that the vehicle driven by
Defendant Ruth Miller was driven with permission of Defendant Daniel R. Miller;
however it is denied that Defendant Ruth Miller was acting as an agent of Daniel Miller
at the time of said accident.
WHEREFORE, Defendant Daniel Miller respectfully requests judgment in his
favor plus costs.
Respectfully submitted,
NEALON & GOVER, P.C.
C. Lehman, £squire
I.D. #: 81937
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
VERIFICATION
We, DANIEL R. MILLER and RUTH MILLER (nee RUTH REINARD), verify that
the statements made in the foregoing ANSWER TO COMPLAINT are true and correct.
We understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date:
DANIEL R. MILLER
RUTH MILLER, (nee ~ REINA~D)
CERTIFICATE OF SERVICE
AND NOW, this '/'(~ day of July, 2002, I hereby certify that I have served the
foregoing ANSWER TO COMPLAINT on the following by depositing a true and correct
copy of same in the United States mail, postage prepaid, addressed to:
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
Andrew C. Lehman, Esquire
9J!nb$::] 'UBLUqa"] '0 ,~a~puv
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:101^ 135 -I0 3/V01-11/ 133
CERTIPICATR
PRRRRQUISITE TO S~RVICE OP A SUBPORNA
PURSUANT TO RUL~ 4009.22
IN THE MATTER 0IF:
ELAINE NAC~
COURT OF COMMON PLEAS
TERM,
-VS- CASE N0: 02-2169
DANIEL R. ~ND RUTH MILLER
AS a prereguisite to service of a subpoena for documents and thin§s pursuant
to Rule 4009.22
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
certifies that
(1) Ainotice of intent to serve the subpoena with a copy of the subpoena
a~tached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
s~rved,
(2) A]copy of the notice of intent, includin9 the proposed subpoena, is
a~tached to this certificate,
(3) Nd objection to the subpoena has been received, and
(4) T~ subpoena which will be served is identical to the subpoena which
isl attached to the notice of intent to serve the subpoena.
DATE: 01/27
2003
Attorney for DEFENDANT
DEll-388686 1 824 7--LO 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER 0iF:
ELAINE NACE
-VS-
DANIEL R. AND RUTH MILLER
COURT 0F COMMON PLEAS
TERM,
CASE NO: 02-2169
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUP~NTS AND
FOR DISCO~faY Pu~tS~ ~C) Rur,R 4009.21
[ Note: see enclosed list of locations ]
TO: R. MARK TH0~AS, ESQ.
MCS on behalf of ANDREW C. LEH~%N, ESQ. intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from ~he 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: 01/04/2003
CC: ANDREW C. LEHMAN, ESQ.
- 02-252
%CS on behalf of
ANDREW C. LEHMAN, ESQ..
Attorney for DEFENDANT
Any questiohs regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STREET
#000
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-211649 18247--C01
>>> LOCATION LIST <<< PAGE: 1
LOCATION
RECORDS REQUESTED
EXPERIENCE NORMS
CO~40N SENSE ADOPTION SERVICES
FRANCIS X. BRESCIA, JR., D.0.
HOLY SPIRIT HOSPITAL
DR. EDWARD SCH~PPELL, D.C.
JOHN N. PIKULI~ U.O.
UR.STUART HART~AN
EDWARD S. VlOLAGO, M.D.
RNPLOYNENT
RNPLOYMRNT
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-211649 1824 7--C01
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERL_AND
ELAINE NACE
VS
DANIEL R. & RUTH MILLER
File No.
02-2169
TO:. CUSTqDIAN
SUBPOENA TO PRODUCE DOCU~S OR THINGC
FOR DISCOVERY PURSUANT TO RULE 40097~
OF RECORDS FOR: EXPERIENCE WORKS
Within twenty (20) days after se"vice of this subpoena, you are ordered by the court to produce the foilowtn~ documents or
thin~:
at MCS GRQUP INC., 1601 MAREKT ST., #800, PHILA.,PA 19t03
(A~--~)
You may deliver Or mail legible copies of the documents oe produce thfflSIi requested by this subpoena, to~ether with the
certificate of complia~e, to the party makin$ this request at the address :hd~,e
advance, the reasonable cost of preparin~ the co es ~r .......... You have the ri~tt to seek, in
If you fail to prodUCe the documents or thinss required by this subpoena, within twen~ (20) days a~ter its service, the party
servin$ this subpoena may seek · coufl order compelHn[ you to comply with IL
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: ANDP~ C.T~Em4AN, ESq.
ADDRES~ 2~11 NORTH FRONT ST.
H~RRISBURG' PA 17110 .-'.
TELEPHON~ i 215-246-0900
SUPREME COURT ID ~.
A'I~ORNEY FO~ DEFENDANT
Seal of the Court
(~f. 7/97]
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
EXPERIENCE WORKS
817 MARKET STREET
MECHANICSBURG, PA 17055
RE: 18247
ELAINE L. NACE
Any and all emPloyment records, applications, fries, memoranda, compensation,
time and attendance records, personnel records, payroll and salary reports
and all medical records as an employee, including any and all such items as may
tboe: stored in aicomputer database or otherwise in electronic form, pertaining
u.tes Req_u_e~ted: up to and including the present.
bject: ELAINE L. NACE
3,~4~4.~.,Nb.S~sCOND STREET, WORMLEYSBURG, Pa 17043
Social Security #: 202-36-6026
SU10-418260 1 824 7--LO 1
CERTIFICATE
PREREOUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER 0~:
ELAINE NACE
COURT OF COMMON PLEAS
TERM,
-VS-
DANIEL R. AND RUTH MILLER
CASE NO: 02-2169
AS a prerequisite to service of a subpoena for documents and things pursuant
to Rule 40~9.22
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
certifies that
(1) A ~notice of intent to serve the subpoena with a copy of the subpoena
atitached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
seirved,
(2) A !copy of the notice of intent, including the proposed subpoena, is
atltached to this certificate,
(3) Noi objection to the subpoena has been received, and
(4) ThE subpoena which will be served is identical to the subpoena which
isiattached to the notice of intent to serve the subpoena.
DATE: 01/27i2003
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
Attorney for DEFENDANT
DEll-388687 1 824 7--LO 2
COMMONWEALTH OF PE]~NSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER 0F:
ELAINE N~CE
DANIEL R.i AND RUTH MILLER
COURT OF C0~9~0N PLEAS
TERM,
CASE NO: 02-2169
NOTIC~ OF ~ TO SERVE A SUBPO~m~A TO P~DUC~ ~S AND
'lmJ~S F~k DISC~mtY Pu~tt~r~- ¶N) RUT.W 4009.21
TO: R. ~
~CS on be]
identical
days from
undersigm
waived or
copies of
[ Note: see enclosed list of locations ]
U~ THOMAS, ESQ.
lalf of ANDREW C. LEHPAN, ESQ. intends to serve a subpoena
to the one that is attached to this notice. You have twenty (20)
the date listed below in which to file of record and serve upon the
id an objection to the subpoena. If the twenty day notice period is
if no objection is made, then the sub~na may be served. Complete
any reproduced records may be ordered at your expense by completing
the attacl,ed counsel card and returnin~ same to )~S or by contacting our local
~CS office.
DATE: 01/06/2003
CC: ANDR~N C. LEHNAN, ESQ.
- 02-252
~CS on behalf of
aEw c. smo ,
Attorney for DRFRNDANT
Any questions regardin~ this matter,
contact
THE NCS GROUP INC.
1601 NARKRT STRRRT
~800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-211649 · 8 2 4 7 --CO 1
LOCATION LIST ¢¢< PAGE: 1
LOCATION NA~
RECORDS REQU}ISTED
EXPERIENCE NO~KS
COMMON SENSE 2~)OPTION SERVICES
FRANCIS X. BRESCIA, JR., D.O.
HOLY SPIRIT H~SPITA5
DR. EDWARD SC]~APPRLL, D.C.
JOHN N. PIK~]L~N D.O.
DR.STUART HAR~AN
ED#2~ S. VIO~AG0, N.D.
EMPLOYMENT
EMPLOYMENT
M~DICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-211649 i 8 2 4 7 --CO 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBFRLAND
ELAINE N~CE
VS
DANIEL R.i& RUTH MILLER
File No.
02-2169
TO:.
SUBPOI~A TO PRODUC S OR THINGS
FOR DISCOVF. RY PURSUANT ~
~OF RECORDS FOR: COMMOM SENSE ADOPTION SERVICES
1601 MAREKT ST. , #800, PHILA. ,PA 19103
THIS sUBI~A WAS ISSULrD AT TI~ RI~Q~ OF TE~ FOLLOWING P~tSON:
NAM& AND
ADDR~.S~.
TL:LEPHON~
SUPRI~ COl
ATTORNL~' FC
~ C.t.~-3~tAN~ ESq.
Z411 NORTIt FRONT ST.
tAIIXSBUR(~'. PA 17110
21~-246-0900
DAI'~
Seal of the Court
(~. 7197)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
COMMON S~NSE ADOPTION SERVICES
3820 MARKET STREET
CAMP HILLi PA 17011
RE: 18247
ELAINE L. NACE
Any and all e~ployment records, applications, files, memo~r~lda, compensation,
time and attenp, ance records, personnel records, payroll and salary reports
and all medica~ records as an employee, including any and all such items as may
tbS: stored in a computer database or otherwise in electronic from, pertaining
Dates Requested: up to and including the present.
SubjeCt: ELAINE L. NACE
344 IN. SECOND STREET, WORMI.EYSBURG., PA 17043
Social Securi y #: 202-36-6026
SU10-418262 1 824 7--LO 2
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBP0gNA
PURSUANT TO RULE 4D~,.22
IN THE MATTER OF:
ELAINE NACE
COURT OF COMMON PLEAS
TERM,
-rs -
CASE NO: 02-2169
DANIEL R. %ND RUTH MILLER
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
certifies that
(1) A{notice of intent to serve the subpoena with a copy of the subpoena
a~tached thereto was mailed or delivered to each party at least
t~enty days prior to the date on which the subpoena is sought to be
s~rved,
(2) A Icopy of the notice of intent, including the proposed subpoena, is
at!tached to this certificate,
(3) Noi objection to the subpoena has been received, and
(4) Th~ subpoena which will be served is identical to the subpoena which
isi attached to the notice of intent to serve the subpoena.
DATE: 01/27~2003
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
Attorney for DEFENDAN~
DEll-388688 1824 7--LO 3
COMMONWEALTH OF PE]~NSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
ELAINE N~CE
DANIEL R.i AND RUTH MILLER
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-2169
NOTIC~ OF INT~qT TO S~RV~ A SUBPO~ TO P~OnUf~ ~S AND
~ 'r~.L~K?~ F,O~ DISC~ Pu~tm~f~ ¶~O R_~'.~ 4009.21
[ Note: see enclosed list of locations ]
TO: R. NA
MCS on be
identical
days from
undersigm
IK THOMAS, ESQ.
lalf of ANDREW C. LEHNAN, ESQ. :intends to serve a subpoena
to the one that is attached to this notice. You have twenty (20)
the date listed below in which to file of record and serve upon the
id 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 attac]ted counsel card and returning same to I~CS or by contacting our local
NCS offict
DATE: 01/~6/2003
CC: ANDREW C. LEHNAN, ESQ.
- 02-252
NCS on behalf of
NDRSS C. LSm S, eS .
Attorney for DEFENDANT
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 MARKET STHEET
J800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-211649 i 8 2 4 7 --CO I
LOCATION LIST ¢¢< PAGE: i
LOCATION
RECORDS RHQUBSTED
EXPERIENCE NO~KS
COlOrON SENSE ~DORTION SERVICES
FRANCIS X. BRESCIA, JR., D.O.
HOLY SPIRIT HQSPITAL
DR. EDWARD SC~PPELL, D.C.
JOHN N. PIKUL~N D.O.
DE.STUART HAR~MAN
EDNARD S. VIO~GO, M.D.
ENPLOYMENT
ENPLOYM~NT
M~DICAL RECORDS
MEDICAL RECORDS
W[~DICAL RECORDS
MEDICAL R~CORDS
~DIC~ RECORDS
~DIC~ RECORDS
DE02-211649 I 8 2 4 7 --CO 1
COMMOlVWEALTH OF PENNSYLVANIA
C_OUN'i~ OF CUMBFRLAND
ELAINE NA
DANIEL R.
CE :
VS :
& RUTH MILLER :
File N~
FOR DISCOVERY PURSUANT TO RULE
TO:. ~F RECORDS FOR: FRANCIS X.BRESCIA, JR.
02-2169
at ~. , 1601 HARLOT ST. , #800, PHILA. ,PA 19103
(i
You._may de!iv* or nwil le~iMe milles of the doL*unmn~ ~ produce fldn~ --~d '-- ~ --
¢ .ertlflcate.of p, ilm,~e, to the perry this uest ,,-~_ ay' f,, ..t:~e~.. tos~her with the
THIS SUBPOENA WAS ISsuED AT TH~ R~QUT:ST OF TI~ FOLLOWING PERSON:
NAM~ A~
ADORES&
TELEPHON~
SUPRI~M~ CO~
ATrORNEY i~
PEW ¢.~.mO.N, ESQ.
2411 NORTH FRONT ST.
~R~ASBURG'. PA 17110
21~-246-0900
)P~ DEFENDAh~
the Com~
(Elf.
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
FRANCIS X. IBRESCIA, JR. D.O.
ROUTE 22-322 '
P. O. BOX 247
DAUPHIN, EA 17018
RE: 18247 ~
ELAINE L. ACE
Entire medical frie, including but not limited to any and all records,
correspondence to and from the consulting and treating physicians, fries,
memoranda, h}andwritten notes, history and physical reports, r. nedication/
prescription .r~ords, including any and all such items as may be stored in a
c, gmpute, r da.tap .ase or.otherwise in electronic form, relating to any examination,
olagnos~s or trgatment pertaining to:
Dates R.e~ues~ed: up to and including the present.
Subject. ELAINE L. NACE
344 N. SECOND STREET, WORMLEYSBURG, PA 17043
Social Security #: 202-36-6026
SU10-418264 1 824 7--L03
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009..22
IN THE MATTER 0F: COURT OF COMMON PLEAS
ELAINE NAC* TERM,
-VS -
DANIEL R. AND RUTH MILLER
CASE NO: 02-2169
AS a prerequisite to service of a subpoena for documents and things pursuant
to Rule 40D9.22
MCS on behalf of
ANDREW C. LEHMAN', ESQ.
certifies that
(1)-Ainotice of intent to serve the subpoena with a copy of the subpoena
a~tached 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 icopy of the notice of intent, including the proposed subpoena, is
atltached to this certificate,
{]) NO objection to the subpoena has been received, and
(4) Th~. subpoena which will be served is identical to the subpoena which
isl attached to the notice of intent to serve the subpoena.
DATE: 01/27!2003
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
Attorney for DEFENDANT
DEll-388689 1824 7--LO4
COMMONWEALTH OF PEI~NSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER iOF:
ELAINE N!CE
-VS -
DANIEL R. AND RUTH MILLER
COURT OF COMMON PLEAS
TERM,
CASE N0: 02-2169
TO: R. ~U
MCS on bel
[ Note: see enclosed list of locations ]
THOMAS, ESQ.
tall of ANDREW C. LEHMAN, ESQ.
intenda 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 thetwenty day notice period is
waived orlif no objection is made, then the subp¢~na may be served. Complete
copies of lany reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to ~S or by contacting our local
NCS office.
DATE: 01/~6/2003
CC: ANDREWi C. LBB~AN, NS0.
- 02-252
~CS on behalf of
ANDREW C. LEHMAN, ~SQ.
Attorney for DBFBNDANT
Any questigns regarding this uatter,
contact
THE ~CS GROUP iNC.
1601 ~R~ET STREET
~800
PHILADBLPHIA, PA 19103
(215) 246-0900
DE02-211649 i 8 2 4 7 --CO I
LOCATION LIST <¢,: PAGE: 1
LOCATION
RECORDS REQUESTED
EXPERIENCE WORKS
CO~N SENSE ~ION SERVICES
F~CIS X. BRESCIA, JR., D.O.
HOLY SPIRIT H~SPIT~
DR. EDWARD SC~PP~LL, D.C.
JOHN N. PIKUL~N D.O.
DR.STUART H~
EDWARD S. VIO~GO, M.D.
ENPLO~
ENPLO~
~DIC~ RECORDS
NEDIC~ RECORDS
~DIC~ RECORDS
~DICAL RECORDS
~DIC~ RECORDS
~DICAL RECORDS
DE02-211649 i 8 2 4 7 --CO 1
COMMONWEALTH OF PENNSYLVANI:
COUNTY OF CUMBERLAND
ELAINE NACE
VS
DANIEL Ro & RUTH MILLER
File No.
02-2169
TO:.
SUBPOENA TO PRODU S OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
F RECORDS FOR: HOLY SPIRIT HOSPITAL
thJn~: ------
· t MCS Gl
20) (hys after ~evi. M thb .-bl~.~ y~ mM
*~ by the cout to produte the followin~ dommems ~
.OUP IN~., 1601 I~,REKT ST., 1800, PHILA.. ,PA 19103
(Addmm)
You au), delive, m nmii klJble cop4es M the documents oe produm thfnp ~uemed '--- thl. --
certificate M coE ~pliince, to the JMfl? Inlkinf thil m~m It the ~Ld~ ,,~.~."?_._ _ ~ . ~u .opoe~, toslth~ with the
advance, the rea mn~b - ---~ ___ ~ ,muu aa(we. YOU nave tim d to ·
i iec°et°fPreperin~thec°pies°fPr°duclnjtMthb~muEhL 8hr mk, m
If you fail to pre
s~vin$ thio sub
duce the documen~ or thinp required by this luba(mni, wJthbl twenty ,~m
mena may seek a court ruder comlml!i__m~ you io eof~%vith iL --'.y
ENAWASlSSUEDATTHERI~QUESTOFT[~FOLLOWiNGPERSON:
24~! NORTlt FRONT ST.
[IAIKISBURG~ PA 17110 :-,
21~-246-0900
I~ DEFENDANT
Seal o[ the Court
BY TH]/COURT:
THIS SUBP~
NAM~ ANn
ADDRESS~
TELEPHONU
SUPREME COl
ATrORNEY FC
(F~. 7/~/)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
HOLY SPIRI~F HOSPITAL
503 N. 21 ST 'STREET
CAMP HILLi PA 17011
RE: 18247
ELAINE L. NACE
Entire hospit~ medical file, including but not limited to any and all records,
correspondenCe to and from the consulting and/or treating physician, files,
memoranda, liandwritten notes, history and physical reports, medication/
prescription records, nurse's notes, doctor's comments, dietary restrictions,
and. all patien~ consent or refusal of treatment, procedures, tests, and/or
meaication, lab and diagnostic test results, including ap.y and all such items
as.m?y be sto~ed in a computer database or otherwise m 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: ELAINE L. NACE
3,~4~.~.,N~.S~,COND STREET, WORMLEYSBURG, PA 17043
Social Securi!y #: 202-36-6026
SU10-418574 1824 7--L04
CERTIFICATE
PREREOUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OiF:
ELAINE NAC~
COURT OF COMMON PLEAS
TERM,
-VS-
DANIEL R. ~ND RUTH MILLER
CASE N0: 02-2169
AS a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
certifies that
(1) A!notice of intent to serve the subpoena wit'h a copy of the subpoena
a~tached thereto was mailed or delivered to each party at least
t~enty days prior to the date on which the subpoena is sought to be
served,
(2) Aicopy of the notice of intent, includingl the proposed subpoena, is
a~tached 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: 01/2Vi/2003
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
Attorney for DEFENDANT
DEll-388690 1 8 24 7--LO 5
COMMONWEALTH OF PE~NNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
ELAINE N~CE
-rS o
DANIEL Ri AND RUTH MILLER
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-2169
NOTZ~ OF ~ TO S]~RVB A SUBPOBIO~ T~) PRODU(~ ~S · ruJ_B~S ~O~ DISCO~t~-~f Putt~tt~rr TO RUTJZ 4009.21
[ Note: see enclosed list of locations ]
TO: R. ~ THO~%S, ES0.
~CS on b~alf of ANDREW C. LER~%N, ESQ. intends to serve a subpoena
idsnticali 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
undsrsign~d 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 co~leting
the attaC~ed counsel card and returning same to ]~CS or by contacting our local
~CS offic,~.
DATE: 01/06/2003
cc: ~Daaw ¢. ~.Bmm%~, Es0.
- 02-252
NCS on behalf of
ANDREW C. LEHMAN, ES9.
Attorney for DEFENDANT
Any questions regarding this matter,
contact
THE MCS GROUP INC.
1601 MARF~T STREET
1800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-211649 1 8 ~ 4 7 --CO 1
LOCATION LIST ¢<,¢ PAGE: 1
LOCATION N~e~qE
RECORDS REQUI~STED
EXPERIENCE WORKS
COMMON SENSE ~DOPTION SERVICES
FRANCIS X. BRESCIA, JR., D.O.
HOLY SPIRIT HOSPITAL
DR. EDNARD SCHAPPELL, D.C.
JOHN N. PIKUL~N D.O.
DR.STUART HAR~MAN
EDNARD S. VIOLAGO, M.D.
ENPLOYNENT
ENPLOYNENT
NItDICAL RECOI~DS
NEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECOILS
MEDICAL RECOILS
MEDICAL RECOILS
DE02-211649 I 8 2 4 7 --CO 1
COMMONWEALTH OF PENNSYLVANIA
COUN'I~ OF CUMBFRLAND
ELAINE N~CE
VS
D~IEL R. & RUTtt HILLER
File No.
02-2169
a~ ~C., 1601 MAREKT ST., ~800, PHILA.,PA 19103
tn~ this mbpoeM m~' eeek a mun mM~ co~pefli~y~ to comply with It, twenty (20) d~y~ ~'~e~ iU Mrvice, the party
THIS SUBP01~qA WAS ISSUSD AT THS REQUEST OF 3'lis FOLLOWING PERSON:
NAME:
ADDRE~.q~
TELEPHONE:
SUPR~M~ C~
ATTORNIY R
C · T-~l~n~l.-,~xlq ~ ESq.
NORTH FRONT ST.
RAItI~BOR(;'. PA 17110
21~-246-0900
DATE:
BY TI{S COURT:/Q L. D /~
the Cou~
(F~. 7/97)
EXPLANATION. OF REQUIRED RECORDS
~TO: CUSTODIAN OF RECORDS FOR:
DR. EDWARD SCHAPPELL, D.C.
3301 SCHOOLHOUSE LANE
HARRISBURG, PA 17109
RE: 18247
ELAINE L. I~ACE
Entire medica
correspondent
memoranda, t
prescription r{
computer data
L frie, including but not limited to any and all records,
e to and from the consulting and treating physk:ians, fries,
andwritten notes, history and physical reports, medication/
:cords, including any and all such items as may be stored in a
Base or otherwise in electronic form, relating to any examination,
diagnosis or t[eatment pertaining to:
Dates Requested: up to and including the present.
Subject: ELAINE L. NACE
,..3~.,N~.S~sCOND STREET, WORMLEYSBURG, Pa 17043
Social Security #. 202-36-6026
SU10-418268 1 8 24 7 --LO 5
CRRT~ICAT~
PREREOUISITE TO S~RVICE OF A SUBPOEN~
PURSUANT TO RUL~ 4009.22
IN THE MATTER 0!F:
ELAINE NACiE
DANIEL R. hND RUTH MILLER
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-2169
AS a prereguisite to service of a subpoena for documents and things pursuant
to Rule 40 9.22
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
a~tached thereto was mailed or delivered to each party at least
twenty days prior to the date on which tile subpoena is sought to be
served,
(2) Aicopy of the notice of intent, includinf~ the proposed subpoena, is
a~tached to this certificate,
(3) N~ objection to the subpoena has been received, and
(4) T~e~ subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 01/2~
'2003
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
Attorney for DEFENDANT
DEll-388691 1824 7--T.O 6
COMMONWEALTH OF PE]~NSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER 0F:
ELAINE N~CE
-VS-
DANIEL R AND RUTH MILLER
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-2169
NOTIC~
OF ]3qTI~T TO SRRVI{ A SUBPORNA ~) PRODUCR IX)CUNI~qTS
FOR DISCOVm(Y ~'U~U~UA~T TO RU~.R 4009.21
[ Note: see enclosed list of locations ]
TO: R. ~%RK THONAS, RSQ.
#CS on behalf of ANORRN C. LgHNAN, gSQ. 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 WCS or by contacting our local
NCS office.
.AT : 01/06/2003
CC:
- 02-252
NCS on behalf of
a~OagW c. L~aWAW, gS9.
Attorney for DRFRNDA~T
Any questions regarding this matter, contact
TRR MCS GROUP INC.
1601 NAR~RT STRRRT
1800
PHILADRLPHIA, PA 19103
(215) 246-0900
DR02-211649 1 8 2 4 7 --CO 1
LOCATION hIST ¢~.: PAGE: 1
LOCATION NAME
RECORDS REQUESTED
EXPERIENCE WORKS
COMMON SENSE ~DOPTION SERVICES
FRANCIS X. BRESCIA, JR., D.O.
HOLY SPIRIT HOSPITAL
DR. EDWARD SC~APPgLL, D.C.
JOHN N. PIKUL~N D.O.
DR.STUART HARTMAN
EDWARD S. VIO~AGO, M.D.
ENPLOYMENT
EMPLOYMENT
MEDICAL RECO~S
MEDICAL RECO~S
MEDICAL RECO~S
MEDICAL RECO~S
MEDICAL RECORDS
MEDICAL RECORDS
DE02-211649 1 8 2 4 7 --CO i
COMMONWEALTH OF PENNSYLVANL~
COUNTY OF CUMBERLAND
ELAINE N~CE
VS
DANIEL R. & RUTH MILLER
File N~
02-2169
r~A ut~UV~:Ry PURSUANT TO RULE
T(~, ~F RECORDS FOR: JOHN N.PIKULIN
(Nmm ~ hmm ~ ~
1601 ItAR.~T ST., #800, PHILA.,PA 19103
(Addmm)
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TltE FOLLOWING PERSON:
NAME: A~R~ C.LEm~.H, Esq.
ADDRE.q,~ 2411 NORTH FRONT ST.
HAB~SBI~G' PA 17110 :'.
TELEPHON~ 21.}-246-0900
SUPREME CO~JWr ID ~ -------
ATrORNL~' FOR: DEFElq'DANT
DAT~:
31. aOOil
Seal of the Court
BY TH~ COURT/'[ .~. D /~
Deputy/ '
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
JOHN N. PII~ULIN D.O.
221 BRIDGEISTREET
NEW CUMBERLAND, PA 17070
RE: 18247
ELAINE L. NACE
Entire medica
correspondenc
memoranda, ~
prescription re
computer dat~
diagnosis or t~
file, including but not limited to any and all records,
e to and from the consulting and treating physicians, files,
andwritten notes, history and physical reports, medication/
cords, including any and all such items as may be stored in a
~ase or otherwise in electronic form, relating to any examination,
eatment pertaining to:
Dates Requested: up to and including the present.
Subject: ELAINE L. NACE
3.~44.iI..Nb.S~sCOND STREET, WORMLEYSBURG, PA 17043
Social Securily #. 202-36-6026
SU10-418270 1 8 2 4 7--LO 6
CERTIFICATE
PRRREOUISITE TO SERVIC~ OF A SUBPOENA
PURSUANT TO RUL~ 400~.22
IN THE MATTER 0~:
ELAINE NACk
COURT OF COMMON PLEAS
TERM,
i -VS- CASE NO: 02-2169
DANIEL R. ~ND RUTH MILLER
AS a prerequisite to service of a subpoena for documents and things pursuant
to Rule 40~9.22
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
certifies that
(1).A notice of intent to serve the subpoena with a copy of the subpoena
al:~tached thereto was mailed or delivered to each party at least
t~enty days prior to the date on which the subpoena is sought to be
sE!rved,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) N0 objection to the subpoena has been received, and
DATE: 01/21/2003
(4) TBe subpoena which will be served is identical to the subpoena which
it attached to the notice of intent to serve the subpoena.
MCS on behalf of
ANDREW C. LERMAN,' ESQ.
Attorney for DEFENDANT
DEll-388692 1824 V--LO 7
COMMONWEALTH OF PEI~NSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER 0F: COURT OF COMMON PLEAS
ELAINE NiCE TERM,
-VS- CASE NO: 02-2169
DANIEL R.! AND RUTH MILLER
NOTIC~ OF ~ TO SBRV~ A SUBPORNA_ TO PRODUC~ ~S AND
i -rilings ~Ok DISC.3~¥m(¥ ~U~taq~F ¶N) RUr.m 4009.21
[ Note: see enclosed list of locations ]
TO: R. ~K THOMAS, ESQ.
MCS on behalf of ANDREW C. LEHMAN, ES9. intends to serve a subpoena
identicallto the one that is attached to this nol:ice. You have twenty (20)
days fromlthe 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 orl. if no objection is made, then the sub~)ena may be served. Complete
copies of Jany reproduced records may be ordered at your expense by completing
the attacked counsel card and returnin9 same to I~CS or by contactin9 our local
~CS office.
DATE: 01/~6/2003
CC: ANDREM C. LBHMAN, ESQ.
- 02-252
MCS on behalf of
a~DRSW c. Lsmm%N, SSQ.
Attorney for DBFBNDANT
~ny questions regaxdtng this matter, contact
THE MCS GROUP INC.
1601 PJ~RK~T STREET
J800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-211G49 1 8 2 4 7 --CO 1
LOCATION LIST <~,: PAGE: 1
LOCATION N~
RECORDS REQI~ISTED
EXPERIENCE NO~KS
COMMON SENSE ~DOPTION SERVICES
FRANCIS X. BRiSCIA, JR., D.O.
HOLY SPIRIT H~SPITAL
DR. EDWARD SCS~.PPBLL, D.C.
JOHN N. PIKUL~N D.O.
DE.STUART HAR~.AN
EDNARD S. VIO~AGO, N.D.
ENPLOYNENT
ENPLOYN~NT
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
DE02-211649 I 8 2 4 7 --CO 1
COMMONWEALTH OF PENNSYI. VANL~
COUN~-Y OF CUMBFR__I. AND
E~I~ NA
DANIEL R.
VS
& RUTH MILLER
File No.
02-2169
FOR DISCOVERY PURSUANT TO RULE
TO:. ~F RECORDS FOR: STUART A. HARTMAN
at ~., 1601 MAREKT ST., ~800, PHILA.,PA 19103
THIS SUBPOI~IA WAS ~ AT ~ I~QIJ~ST OF TI.I~ 13OLLOWING PlfltSON:
NAM~ Ah']
ADDRES~
TELEPHON&
SUPREM! CO
AITORNL~ !~
,RE~ C.LS:I~AN~ ESq.
2411 NORTH FRONT ST.
HAIIXSBURG' PA 17110
21~-246-0900
)[f~ DEFENDANT
31:
Seal of the Court
(~.~. 7/90
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
DR. STUART IHARTMAN
2645 N.THIRD STREET
SUITE 490
HARRISBUR~.~, PA 17110
RE: 18247
ELAINE L. NACE
Entire medical
correspondenc
memoranda, h
prescription re
computer data]
diagnosis or tr
file, including but not limited to any and all records,
.~ to and from the consulting and treating physicians, fries,
andwritten notes, history and physical reports, medication/
cords, including any and all such items as may be stored in a
~ase or otherwise in electronic form, relating to any examination,
~atment pertaining to:
Dates Requested: up to and including the present.
Subject: ELAINE L. NACE
3,~4~.2..Nb.S~sCOND STREET, WORMLEYSBURG, Pa 17043
Social Securi~ #: 202-36-6026 '
SU10-418272 · 824 7--LO 7
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER 0~
ELAINE NAC5
-VS-
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-2169
DANIEL R. ~ND RUTH MILLER
AS a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4099.22
i MCS on behalf of ANDREW C. LEHMAN', ESQ.
~ certifies that
(1) A!notice of intent to serve the subpoena with a copy of the subpoena
a~tached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
se
(2) A
at
(3) No
rved,
copy of the notice of intent, including the proposed subpoena, is
tached to this certificate,
objection to the subpoena has been received, and
(4) T~e subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 01/27/2003
MCS on behalf of
ANDREW C. LEHMAN, ESQ.
Attorney for DEFENDANT
DEll-388693 1 824 7--LO 8
COMMONWEALTH OF PES[NSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER 0F: ELAINE NA!E
DANIEL R.}AND RUTH MILLER
COURT OF COMMON PLEAS
TERM,
CASE NO: 02-2169
NOTICE
TO: R. ~A~
~CS on bet
identical
days from
undersigne
waived or
copies of
the attach
MCS office
DATE: 01/0
CC: ANDRKd
OF ~ TO SERVE A SUBPOI~qA TO PRODUCE DO~S AN~
FOR DISO3~tY ~tm/~ TO R~I~ 4009.21
[ Note: see enclosed list of locations ]
K THOMAS, 8SO.
all of ~qDREM C. LEHMAN, ESQ. intends to serve a subpoena
to the one that is attached to this notice. You have twenty (20)
the date listedbelo~ in which to file of record and serve upon the
d an objection to the subpoena. If the twenty day notice period is
if no objection is made, then the subpoena may be served. Complete
any reproduced records may be ordered at your expense by completin9
ed counsel card and returnin9 same to ~CS or by contactin9 our local
/2oo
C. LEHIOHI,
- 02-252
MCS on behalf of
ANDREM C. LBH~N, ESQ.
Attorney for DRFRNDANT
~ny questipns regar~kLng this ~atter,
contact
THR MCS GROUP INC.
1601 MAPART STRRRT
J800
PHILADRLPHIA, PA 19103
(215) 246-0900
DR02-211649 · 8 2 4 7 --CO ·
LOCATION LIST ¢¢¢ PAGE: 1
LOCATION NANR
RECORDS REQUESTED
EXPERIENCB NOI~KS
CO~9~ON SENSBE~PTION SERVICES
FRANCIS X. SCI&, JR., D.O.
HOLY SPIRIT H~SPITAL
DR. EDN~ SC~P~, D. C.
JOHN N. PIK~N D.O.
DR. STUART ~~
EDN~ S. VI0~GO, N.D.
EMPLOYMENT
EMPLOYMENT
M~DICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RECORDS
MEDICAL RHCORDS
DE02-211649 1 8 2 4 7 --CO i
COMMONWF~LTH OF P~qNSYLVANL*
COUNTY OF CUMBERLAN~
ELAINE NA¢
DANIEL R.
TO:. cusu
Within twemy
thinp: ~
~ MCS Gt
You my derive
advance, the rea
:E
VS
& RUTH MILLER
File No.
02-2169
'ODIAN
SUBPOENA TO PRODUC~ DOCU] ~V~_ S OR THINGf
FOR DISCO¥~.~gY PU]~_~U~'TO RULE
OF RECORDS FOR: EDUARDO VIOLAGO
20) d~s &q~r Mrvi~ o~ this mblMetW, you ire ordered by the cout to produce the followtn~ ~ ~
.OUP INC., 1601MAR~T ST., #800, PBiLA..,PA 19103
(i
~pum~. m me iMny ~ thi. req,N.e m the ~ddmm 11.~1 above. Yo~ have &- -'-~'-:?'----Y ';' .....
iomlble coat of pmparins th~ ~ m, pmducJns th~ tld~.~l mu~hL me rt~M to Me~, m
servin~ thb sub twenty (20) chys ~ its service, the Pm7
THIS SUBI~ENA WAS ISSUSD AT TH~ R~QU~ST OF TH~ FOLLOWING Pl~lSON:
Seal of the Court
BY TH~ COURT:/~ ..L. ,//) ,~ /
(F~.
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
EDWARD S. ~rIOLAGO, M.D.
POLYCLINI(~ MEDICAL CTR.
2601 N. 3RD ,STREET
HARRISBURg, PA 17110
RE: 18247 N~CE
ELAINE L.
Entire medical
correspondenc,
memoranda, h
file, including but not limited to any .and all records,
,' to and from the consulting and treating physicians, fries,
mdwritten notes, history and physical reports, medicatiord
prescription re.'ords, including any and all such items as may be stored in a
computer datal~ase or otherwise in electronic form, relating to any examination,
diagnosis or tr, mtment pertaining to:
Dates Requesl ed: up to and including the present.
Subject: EL,a INE L. NACE
344 N. SECOND STREET, WORM1.EYSBURG, PA 17043
Social Securit ~' #: 202-36-6026
SU10-418274 1 824 7--LO 8
ELAINE NACE,
Plaintiff,
DANIEL R. MILLER and RUTH
MILLER (nee RUTH REINARD),
husband and wife,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERI.AND COUNTY, PENNA.
NO.: 02-;).169
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO MARK SETTLED AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled, satisfied and the docket
discontinued.
Date:
Respectfully submitted,
By:
R. Mark Thomas, Esquire
Attorney I.D. #
101 South Market Street
Mechanicsburg, PA 17055
(717) 697-4650