SHLUGER, J.
I
BACKGROUND FACTS
The plaintiff, Midstate Medical Center (Midstate) initiated the present action by way of an application for a temporary injunction and a permanent injunction dated March 14, 2006, and filed with the court on March 17, 2006. The defendant was served in-hand on March 14, 2006. The parties appeared as summoned on April 17, 2006, at which time the case was continued
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