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HomeMy WebLinkAbout02-4650I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants No.02 • Y(e sb - 2002 C.D. PRAECIPE FOR WRIT OF SUMMONS TO CURT LONG, PROTHONOTARY Dear Sir: Kindly enter our appearance on behalf of the Plaintiff and issue a Writ of Summons against all of the above-named Defendants whose business address is 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. Respectfully submitted, GLEASON, CHERRY;?iND J, L.L.P. Date: September 25, 2002 TontM. C erry, Esq. One Nor;ffi Franklin Street P. O. Box 505 DuBois, PA 15801 Supreme Court No.: 30205 (814) 371-5800 ? o 0 - S+ T: r7 F N ?Q C'l C 4v ? "4 C7D Commonwealth of Pennsylvania county of Cumberland WRIT OF SUMMONS MICHAEL YUSNUKIS Plaintiff Vs. Court of Common Pleas No. 02-4650 CIVIL TERM In Civip ction-Law CARLISLE PRODUCTIONS, INC.; CARLISLE P SOLE EVENTS;' INC., tld/b/a CARL WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES 1000 BRYN MAWR ROAD CARLISLE PA 17013 Defendant To CARLISLE PRODUCTI WILLIAM CARLISLE ILLER,JR AND ELLIOTT S. /d/b/a CARLISLE EVENTS; MILLER, d/b/a B&C PROPERTIES: fied that MICHAEL YUSNUKIS the Plaintiff has / have You are hereby noti commenced an action in Civil Law agyout you which you are required to defend or a default judgment may entered (SEAL) Date SEPTEMBER 26, 2002 CURTIS R. LONG Prothonotary By u 0.? l Deputy Attorney Name: TONI M. CHERRY, ESQ' Address: ONE NORTH FRANKLIN ST. P O BOX 505 DU BOIS PA 15801 Attorney for: Plaintiff Telephone: 814-371-5800 Supreme Court ID No. 30205 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUSNUKIS MICHAEL VS CARLISLE PRODUCTIONS INC ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CARLISLE PRODUCTIONS INC the DEFENDANT at 0830:00 HOURS, on the 1st day of October 2002 at 1000 BRYN MAWR ROAD CARLISLE, PA 17013 by handing to JOHN DETRICK, DIRECTOR OF BUSINESS DEVELOPMENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of lV 0 P• 2troZ A.D. '? ?P'rothonotary So Answers: R. Thomas Kline 10/02/20 GLEASON By: SHERIFF'S RETURN - REGULAR CASE NO: 2002-04650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUSNUKIS MICHAEL VS CARLISLE PRODUCTIONS INC ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CARLISLE PRODUCTIONS TDBA CARLISLE EVENTS the DEFENDANT at 0830:00 HOURS, on the 1st day of October 2002 at 1000 BRYN MAWR ROAD CARLISLE, PA 17013 by handing to JOHN DETRICK, DIRECTOR OF BUSINESS DEVELOPMENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Answers: R. Thomas Kline 10/02/2002 GLEASON CHERRY & CHERRY Sworn and Subscribed to before By: me this F a- day of l5 eQ Zdo Z A. D. ' - 'Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-04650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUSNUKIS MICHAEL VS CARLISLE PRODUCTIONS INC ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER WILLIAM M JR DBA B&C PROPERTIES the DEFENDANT , at 0830:00 HOURS, on the 1st day of October , 2002 at 1000 BRYN MAWR ROAD CARLISLE, PA 17013 by handing to JOHN DETRICK, DIRECTOR OF BUSINESS DEVELOPMENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of .lob 2J A.D. othonotary So Answers: R. Thomas Kline 10/02/2002 GLEASON CHERRY & CHERRY By: SHERIFF'S RETURN - REGULAR CASE NO: 2002-04650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUSNUKIS MICHAEL VS CARLISLE PRODUCTIONS INC ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MILLER ELLIOTT S DBA B&C PROPERTIES the DEFENDANT at 0830:00 HOURS, on the 1st day of October 2002 at 1000 BRYN MAWR ROAD CARLISLE, PA 1701 by handing to JOHN DETRICK, DIRECTOR OF BUSINESS DEVELOPMENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this a? day of ott-?Ju_ .2av A.D. 'Prothonotary' So Answers: ?l R. Thomas Kline 10/02/2C GLEASON By: MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, Carlisle Productions, Inc. and Carlisle Productions, Inc. t/d/b/a Carlisle Events, in the above-captioned matter. , WARNER, BY: MATTHEVYT L. UKENS, ESQUIRE I.D. No. 76,080 4200 CrUMLS Mills Road, Suite B Harrisburg, PA 17112 (717) 651-3501 DATE: (I/ Z4 6 Z MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, Angela C. Sanger, an employ?ee of Marshall, Dennehey, Warner, Coleman & Goggin, A9 do hereby certify that on this y of November, 2002,1 served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 I Nl G^ ?? Ange a C. anger N C G i t?c tJ -O 7'1 4 N _} lYt Cnd; -?tj <>` r,j ??? I MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL TERM PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. WARNER, BY: MATTH14q 1" OVVTvS, ESQUIRE I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg., PA 17112 (717) 651-3501 Attorneys for Defendants Carlisle Productions, Inc. t/d/b/a Carlisle Events DATE: (it U2 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, Angela C. Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this3n(k day of December, 2002, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 Angela C. ? anger n p 0 z, rnrr: c--? c C' ? : Q . 'T ?C% ro ? b A MICHAEL YUSNUKIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CARLISLE PRODUCTIONS, INC., NO. 02-4650 CIVIL TERM CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants RULE AND NOW, this 4_9?_ day of 2002, upon consideration of the foregoing Praecipe, Plaintiff is hereby ordered to file his Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: 7 "1. ? C " iL rCl(i- t 7 ? C Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIC14AEL YUSNUKIS, Plaintiff VS. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; Type of Case: CIVIL CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM Type of Pleading: COMPLAINT M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Filed on Behalf of: MICHAEL Defendants YUSNUKIS, Plaintiff Counsel of Record for this Party: TONI M. CHERRY, ESQ. Supreme Court No.: 30205 GLEASON, CHERRY AND CHERRY, L.L.P. Attorneys at Law P.O. Box 505 One North Franklin Street DuBois, PA 15801 (814) 371-5800 If IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIC14AEL YUSNUKIS, Plaintiff VS. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARD ISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. M, ?LLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants 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 Notice and Complaint 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 claims 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 AVE A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Offices of the Court Administrator Cumblerland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 GLEASON, By: .Y, L.L.P. MICHAEL YUSNUKIS, vs. CIVIL DIVISION Plaintiff No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants COMPLAINT AND NOW, comes the Plaintiff, MICHAEL YUSNUKIS, by and through his Attorneys, GLEASON, CHERRY AND CHERRY, L.L.P., and brings this action against Defendants, CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, to recover damages upon a cause of action whereof the following is a statement: 1. Plaintiff, MICHAEL YUSNUKIS, is an adult individual who resides at R. D. #l, Box 1910, DuBois, Clearfield County, Pennsylvania 15801. 2. The Defendant, CARLISLE PRODUCTIONS, INC., is a Pennsylvania Corporation having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013- IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1588. 3. The Defendant, CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, is a Pennsylvania Corporation operating a business known as CARLISLE EVENTS for the purposes of conducting business within the Commonwealth of Pennsylvania and having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 4. The Defendants, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, are adult individuals d/b/a B&C PROPERTIES, and have a business address at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 5. The events hereinafter complained of occurred on or about September 30, 2000, at or about 12:00 o'clock noon upon the premises known as the Carlisle Fairgrounds, located partly in Carlisle Borough and partly in the Township of North Middleton in Cumberland County, Pennsylvania. 6. At all times mentioned herein, Defendants were in exclusive possession, management, control and maintenance of the Defendants, their agents, servants, workmen, or employees, then and there engaged in Defendants' businesses and acting within the course and scope of their employment or authority. 7. At all times mentioned herein, Plaintiff was a business invitee and visitor to the Carlisle Fairgrounds for purposes of viewing the car show and events presented by Defendants at the Carlisle Fairgrounds as previously set forth. 8. On that date, Defendants owned and, by their agents, servants and employees, controlled and operated a golf cart involved in the accident hereinafter described upon the premises known as the Carlisle Fairgrounds located partly in Carlisle Borough and partly in North Middleton Township, Cumberland County, Pennsylvania. 2 I? 9. On that date, Defendants' golf cart was being driven on the roadway toward Gate C when it struck the Plaintiff, who was lawfully walking on said pathway among the crowd that was progressing toward Gate C to reach the parking lot where Plaintiff's vehicle was parked. 10. As a result of being struck from behind by Defendants' golf cart, Plaintiff sustained the injuries set forth below. 11. The accident was due solely to the negligence and carelessness of the Defendants, their agents and servants, in that: (a) Defendants' golf cart was operated in a reckless, careless and negligent manner, and at an improper and illegal rate of speed under the circumstances, in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania and the ordinances of the Borough of Carlisle and the Township of North Middleton; (b) No warning of its approach or intended direction was given; (c) It was not under the control of the operator thereof and was not equipped with proper brakes and other safety appliances; (d) It was operated without regard for the existence of pedestrians lawfully upon the roadway; (e) With the Plaintiff in full view, the golf cart was so carelessly and negligently operated that it was brought into forcible and violent contact with the Plaintiff, causing him to sustain the injuries set forth below. 12. By reason of the accident, Plaintiff sustained injuries to his left knee, calf and foot, togethef with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental 3 anguish and physical pain from which he still suffers and will continue to suffer for an indefinite time in the future. 13. In order to effect a cure of the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention and he will be required to expend additional sums of money for the same purpose in the future. 14. By reason of the accident, Plaintiff has been unable to follow his usual occupation, and will be unable to do so for an indefinite time in the future, whereby he has lost the income which would have come to him through his employment. 15. As a result of said injuries, the Plaintiff has been and will be deprived in the future of the ordinary pleasures of life. WHEREFORE, Plaintiff claims damages from Defendants in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), together with delay damages and costs of suit. 4 Respectfully submitted, GLEASON, CHERRY AND CHERRY, L.L.P. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CLEARFIELD Personally appeared before me, a Notary Public in and for the County and State i aforesaid, MICHAEL YUSNUKIS, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Michael Yusnukis Sworn to and subscribed before me this 25th day of January, 2003. i. r. J+ Y? V ?.`?..J .1, V L?'.9riELD ClB1J1Y? 19 MY COMMISSION EXPIRES SEPTEMBER 16, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., : t/d/b/a'CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 27`x' day of January, 2003, a true and correct copy of the Complaint filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States i First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GLEASON, CHERRY AND 7CHERrRY .L.P. ---?-? 2,11 D ated: January 27, 2003 Plaintiff 1 t. , ?C _, 5? J MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM NOTICE TO PLEAD TO: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEM T GG1N BY: MATTHEW L. OWENS, ESQUIRE I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 DATE: Attorneys for Defendant Carlisle Productions t/d/b/a Carlisle Events 105_AIL1ABIM LOILLPG11167591ACS111012\00637 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 02-4650 CIVIL TERM ANSWER WITH NEW MATTER AND NOW comes Defendant, Carlisle Productions, Inc., Carlisle Productions, Inc. t/d/b/a Carlisle Events, by and through the undersigned counsel, who answers Plaintiffs Complaint as follows: I. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Admitted. 4. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 4, and therefore, the same are denied with strict proof thereof required at trial. 5. Admitted in part and denied in part. It is admitted that an incident occurred on the date and time alleged in the Complaint. It is denied that Responding Defendant was liable for the accident. 6. Denied. Paragraph 6 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 7. Denied. Paragraph 7 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 8. Denied. Paragraph 8 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 9. Denied. Paragraph 9 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). Paragraph 9 is further denied factually in that the gates at the Defendant's property are not labeled by letters, but rather, are labeled by numbers. 10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 11. (a) - (e) Denied. Paragraph 11 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 2 12. Denied. Paragraph 12 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 13. Denied. Paragraph 13 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 14. Denied. Paragraph 14 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). 15. Denied. Paragraph 15 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant, Carlisle Productions, Inc., Carlisle Productions, Inc. t/d/b/a Carlisle Events, respectfully requests judgment in its favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. NEW MATTER 16. Defendants incorporate their responses to Paragraphs 1-15 as though set forth at length herein. 17. Plaintiff has failed to state a cause of action upon which relief can be granted. 18. Plaintiff is barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 19. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 20. Any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 21. Plaintiffs claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 22. Plaintiffs claims are derivative in nature and are barred as a matter of law. 23. Defendant breached no duty of care owed to Plaintiff under the circumstances. 24. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 25. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 26. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 27. Plaintiffs negligent operation of her motor vehicle was the sole and proximate cause of all alleged injuries and damages. 28. Plaintiffs Complaint and or claims are barred by their selection of limited tort as set forth by 75 Pa.C.S.A. §1705. WHEREFORE, Defendant, Carlisle Productions, Inc., Carlisle Productions, Inc. t/d/b/a Carlisle Events, demands judgment in its favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. 4 MARSHALL, DENNEHEY, WARNER, COLEMANAGOGGIN BY: AUX 1 III W`E. FENS, ESQUIRE I.D. No. 6080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Carlisle Productions, t/d/b/a Carlisle Events DATE: 312103 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Defendant's Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC. t/d/b/a CARLISLE EVENTS BY: V Title: e?tS DATE: rA-ILA -.03 - MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, I-CY? Cep w 5 t/, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this .day of March, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 '? t:-- `. to :?? t-? _. ? t,? ` ! c ? ?? ,?-: ,-.- {:: t ?-? . : _ , , p? , , ? ? ! -! ---{ ?, > t =<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 10`h day of April, 2003, an original of the Answer to Request for Production of Documents and Things of Defendant, Carlisle Productions, Inc., Carlisle Productions, Inc., t/d/b/a Carlisle Events, was sent to MATTHEW L. OWENS, ESQ., counsel for Defendant, by mailing the same to him by United States First Class Mail, postage prepaid, by depositing in the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GLEASON, CHERRY AND CIWVY, L.L.P. B Plaintiff Dated: April 10, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, 7R. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 16`h day of February, 2005, an original of Plaintiff's Answers to Defendant's, Carlisle Productions, Inc., and Carlisle Productions, Inc., t/d/b/a Carlisle Events, Interrogatories were sent to MATTHEW L. OWENS, ESQ., counsel for Defendant, by mailing the same to him by United States First Class Mail, postage prepaid, by depositing in the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GLEASON, CHEj RY.B,?jTDtY, L.L.P. By Attorn s for Plaintiff Dated: February 16, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 16th day of February, 2005, an original of the Supplemental Response to Request for Production of Documents and Things of Defendant, Carlisle Productions, Inc., Carlisle Productions, Inc., t/d/b/a Carlisle Events, was sent to MATTHEW L. OWENS; ESQ., counsel for Defendant, by mailing the same to him by United States First Class Mail, postage prepaid, by depositing in the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GLEASON,CHERRY Dated: February 16, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d!b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 20' day of March, 2005, an original of tl and Requests for Production of Documents Directed to Defendants was sent OWENS ESQ., counsel for Defendants, by mailing the same to him by Un Class Mail, postage prepaid, by depositing in the same in the United States 1 DuBois, Pennsylvania, addressed as follows: hTATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 VANIA Interrogatories MATTHEW L. States First Office at Y, L.L.P. 'Attorr for Dated: March 24, 2005 ?..> _,? ii y i.i? C. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -vs- CARLISLE PRODUCTIONS, ET AL CASE NO: 02-4650 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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(11(2005 MC n behalf c?i22L/! `/ AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588500 8 4 2 7 7- 1,0 1 C O M M O N W E A L T H OP P E NN S Y L VAN = A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL TERM, CASE No: 02-4650 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 84277-C01- >>> LOCATION LIST «< PAGE: I LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 8 4 2 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RAINTRFE MRI SERVICE (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: **** SE ATTACHED RIDER **** at The MCS tlrQltp 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: AMANDA STOMBAUGH. ESQ. ADDRESS: 4200 CRf MS MILL ROAD SUITE B HARRISBURG PA 17112 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant DO 1120 Date: Seal of the Court BY j COURT: Pr /C1 , ivil ivision Deputy 84277-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR RAINTREE MRI SERVICE 109 N. BRADY ST. P. O. BOX 1106 DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SU10-584014 8 4 2 7 7- L,0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL YUSNUKIS COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CARLISLE PRODUCTIONS, ET AL CASE NO: 02-4650 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588501 84277-1,02 C O M M O N W E A L T H OP P E NN S Y L VANS A COUNTY OF' C U M B E R L AN ID IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS - TERM, CASE NO: 02-4650 CARLISLE PRODUCTIONS, ET AL NOTICE TO PRODUCE H;E 4009.21 [ Note: see enclosed list of locations ) TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 Any questions regarding this matter, contact MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 84277-COI- >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE G11 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 84277-COI- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 611 OPEN MRI (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 Croup 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: AMANDA STOMBAUGH, ES ADDRESS: 4200 CRUMS MILL ROAD HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 11 205 Date: a ,J7- (' *'2nA-- Seal of the Court BY TH OURT: 'IL Proth notary/CI ivil ision Deputy 84277-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: 611 OPEN MRI 611 UNIVERSITY DRIVE STATE COLLEGE, PA 16801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security ff: 172-52-1528 Date of Birth: 01-17-0067 SU10-584016 8 4 2 7 7-L,0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS - CASE NO: 02-4650 CARLISLE PRODUCTIONS, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588502 8 4 2 7 7- 1, 0 3 C O M M O N W E A T, H O EP P E NN S Y L VANS A COUNTY OP C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL INTENT TO SERVE A [ Note: see enclosed list of locations ] TERM, CASE NO: 02-4650 ,E DOCUMENTS Al 21 TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 8 4 2 7 7- C O 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 8 4 2 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DUBOIS RADIOLOGISTS. INC. (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: AMANDA STOMBAUGH. ES ADDRESS: 4200 CRUMS MILL ROAD HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ?I OCT 11 2005 Date: c' f7 r t /o Seal of the Court BY TH OURT: 112 Prot notary /Cler , rvil Di lion Deputy 84277-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUBOIS RADIOLOGISTS, INC. P. O. BOX 1106 DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security N: 172-52-1528 Date of Birth: 01-17-0067 SU10-584018 84 2 7 7- 1, 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS- CASE NO: 02-4650 CARLISLE PRODUCTIONS, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588503 8 4 2 7 7- 1, 0 4 C O M M O N W E A L T H 07 P E N N S Y L VANS A COUNTY OF C U M B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL NOTICE OF IN. ) RULE 4009.21 )ENA TO PRODUCE DOCI [ Note: see enclosed list of locations ] TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 Any questions regarding this matter, contact TERM, CASE NO: 02-4650 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 84277-C!01- >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 84277-COI- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WEST PENN ORTHOPEDICS. INC. (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: AMANDA STOMBAUGH. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ? // OCT 11 M aQ' Date: _?1_F? L Seal of the Court BY THE COURT: Proth otary/Clerl t Di sion Deputy 84277-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST PENN ORTHOPEDICS, INC. 211 BEAVER DRIVE DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SUIO-584020 84277-L 04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS- CARLISLE PRODUCTIONS, ET AL CASE NO: 02-4650 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588504 84277-L 05 C O M M O N W E A L T H OF' P E NN S Y L VAN T A COUNTY OF' C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL TERM, CASE NO: 02-4650 A SUBPOENA TO PRODUCE DOCUM RY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 Any questions regarding this matter, contact MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 84277-COI- NAME RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS >>> LOCATION LIST <<< RECORDS REOUESTED MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS PAGE: 1 DE02-312772 84277-C!03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PRIMARY CARE ASSOCIATES (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: AMANDA STOMBAUGH. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 11 2005 Date: b S ?v Seal of the Court BY THE C RT: , Prothon tary/Clerk ivisi Deputy 84277-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PRIMARY CARE ASSOCIATES 145 HOSPITAL AVE. SUITE 200 DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #f: 172-52-1528 Date of Birth: 01-17-0067 SU10-584022 84 2 7 7-L,0 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS- CASE NO: 02-4650 CARLISLE PRODUCTIONS, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588505 8 4 2 7 7- 1, 0 6 C O M M O N W E A L T H OF' P E N N S Y L VANS A COUNTY OP C U M B E R I AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL TERM, CASE NO: 02-4650 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 Any questions regarding this matter, contact MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 8 4 2 7 7- C O 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 8 4 2 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DUBOIS MAGNETIC CENTER (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: AMANDA STOMBAUGH. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 112005 Date: p4 oZr l S Seal of the Court BY THE C T: Prothon ary/Clcr rvisi Deputy 84277-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUBOIS MAGNETIC CENTER 145 HOSPITAL AVENUE SUITE 102 DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SU10-584024 8 4 2 7 7- 10 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS- CASE NO: 02-4650 CARLISLE PRODUCTIONS, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588506 84277-L 07 C O M M O N W E A T. T H O y P E N N S Y L VANS A COUNTY OF, C U M B E R I AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL )F INTENT TO SERVE A SUBPOENA TO DISCOVERY PURSUANT TERM, CASE NO: 02-4650 [ Note: see enclosed list of locations ) TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 Any questions regarding this matter, contact MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 84277-COI- >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 E34 2 7 7-CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DUBOIS REGIONAL MED. CTR. (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: AMANDA STOMBAUGH. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 11 21If, Date: _?? (/o ?[ Jc7J Seal of the Court BY THE 4URT: Prothon tary/Clerk ` ivi n Deputy 84277-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DUBOIS REGIONAL MED. CTR. 100 HOSPITAL AVE. DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SU10-584026 8 4 2 7 7-L,0 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS- CARLISLE PRODUCTIONS, ET AL CASE NO: 02-4650 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588507 84277-1,08 C O M M O N W E A L T H OP P E NN S Y L VAN 2 A COUNT Y OF, C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL INTENT TO TERM, CASE NO: 02-4650 A SUBPOENA TO PRODUCE RULE [ Note: see enclosed list of locations ) TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 84277-COI- NAME RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS >>> LOCATION LIST <<< RECORDS REOUESTED MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS PAGE: 1 DE02-312772 84277-COI- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEYSTONE REHAB SYSTEMS (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: AMANDA STOMBAUGH. ES ADDRESS: 4200 CRUMS MILT, ROAD HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T: Prothon tary/Cler tst OCT 1120O5 Deputy Date: Seal of the Court 84277-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE REHAB SYSTEMS 475 JEFFERS STREET DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SU10-584028 84 2 7 7- L 0 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL YUSNUKIS CARLISLE PRODUCTI As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -vs- CASE NO: 02-4650 DNS, ET AL to service of a subpoena for documents and things pursuant MCS on behalf of AMANDA STOMBAUGH, 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588508 8 4 2 7 7- 1, 0 9 C O M M O N W E A L T H OP P E NN S Y L VAN T A COUNTY OF' C UMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL TERM, CASE NO: 02-4650 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 8 4 2 7 7- C 0 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREE MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 E34277-C!01- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEYSTONE REHAB (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: AMANDA STOMBAUGH, ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: 12151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH COURT: Pro onotary/Cl iv I D' lion OCT 112005 (4 t/ '&? Deputy Date: J I, Seal of the Court 84277-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR KEYSTONE REHAB. 1265 WAYNE AVENUE 119 PROF. CTRJI06 INDIANA, PA 15701 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SU10-584030 84277-L 09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL YUSNUKIS CARLISLE PRODUCTI As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 02-4650 DNS, ET AL to service of a subpoena for documents and things pursuant MCS on behalf of AMANDA STOMBAUGH 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. MCS on behalf of DATE: 10/11/2005 AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-588509 8 4 2 7 7- 1,1 0 C O M M O N W E A L T H OF' P E N N S Y L,VAN T2), COUNTY OP C UM B E R L AND IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS -VS- CARLISLE PRODUCTIONS, ET AL TERM, CASE NO: 02-4650 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/21/2005 CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 MCS on behalf of AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-312772 8 4 2 7 7- C O 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED RAINTREB MRI SERVICE 611 OPEN MRI DUBOIS RADIOLOGISTS, INC. WEST PENN ORTHOPEDICS, INC. PRIMARY CARE ASSOCIATES DUBOIS MAGNETIC CENTER DUBOIS REGIONAL MED. CTR. KEYSTONE REHAB SYSTEMS KEYSTONE REHAB. WEST PENN ORTHOPEDICS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-312772 8 4 2 7 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS vs. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WEST PENN ORTHOPEDICS (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 Gronn. 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: AMANDA STOMBAUGH. ES ADDRESS: 4200 CRUMS MILL ROAD HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OCT 11 2DD5 Date: ?! /' ( ,) C)G? Seal of the Court BY THE URT: Protho tary/Clerk iv' on Deputy 84277-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR WEST PENN ORTHOPEDICS 18 SPORTSMAN DRIVE SUITE 20 CLARION, PA 16214 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security #: 172-52-1528 Date of Birth: 01-17-0067 SU10-584032 8 4 2 7 7- 1,1 0 (? n-J C' ] ?? l ?r= -rj 5'7 ?T T{ fi.?_ '" (.i !,_ -_• ; ('_' a..-. _.» ??; (: 'J I'n . _y r 1 ?.? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS TERM, CUMBERLAND -VS- CARLISLE PRODUCTIONS, ET AL CASE NO: 02-4650 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMANDA STOMBAUGH, 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. M(;S on behalf of DATE: 10/17/2005 "AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT DE11-592637 8 4 2 7 7- 1,1 1 COMMONWEALTH OP, I ERNWSYTIVA]V2A COUNTY OF CUMBER LAN n IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL YUSNUKIS _VS_ CARLISLE PRODUCTIONS, ET AL DR. AUSTIN TO SERVE A SUBPOENA MEDICAL RECORDS TERM, CASE NO: 02-4650 TO: TONI M. CHERRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of AMANDA STOMBAUGH, 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: 09/26/2005 MCS on behalf of CC: AMANDA STOMBAUGH, ESQ. - 11012-00637 Any questions regarding this matter, contact AMANDA STOMBAUGH, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-313247 84277-COI- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL YUSNUKIS V5. CARLISLE PRODUCTIONS, ET AL File No. 02-4650 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. AUSTIN (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: AMANDA STOMBAUGH. ESO ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17112 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE, OURT: ProtHononooottaryXlerk, CiVil ' ision Date: OCT ? 7 2005 Deputy Seal of the Court 84277-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. AUSTIN 145 HOSPITAL AVE. DUBOIS, PA 15801 RE: 84277 MICHAEL YUSNUKIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL YUSNUKIS Social Security M: 172-52-1528 Date of Birth: 01-17-0067 SU10-584542 8 4 2 7 7- L 1 1 O i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/h/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants No. 02 - 4650 C.D. Type of Case: CIVIL Type of Pleading: NOTICE OF DEATH Filed on Behalf of. MICHAEL YUSNUKIS, Plaintiff Counsel of Record for this Party: TONI M. CHERRY, ESQ. Supreme Court No.: 30205 GLEASON, CHERRY AND CHERRY, L.L.P. Attorneys at Law P. O. Box 505 One North Franklin Street DuBois, PA 15801 (814) 371-5800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, GLEASON, CHERRY AND CHERRY, L.L.P Plaintiff VS. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants NOTICE OF DEATH The death of MICHAEL YUSNUKIS, a party to the above action, during the pendency of this action is noted upon the record. Respectfully submitted, Esq. xlin Street Date: December 28, 2005 une Norm Iran P. O. Box 505 DuBois, PA 15801 Supreme Court No.: 30205 (814) 371-5800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 28'b day of December, 2005, a true and correct copy of the Notice of Death filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS. ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: December 28, 2005 GLEASON, CHERRY AND CHERRY, L.L.P. r' C7 4 ! a (J (.. 21 MICHAEL YUSNUKIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARLISLE PRODUCTIONS, INC., NO. 02-4650 CIVIL TERM CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants DEFENDANT'S MOTION TO DISMISS PURSUANT TO Pa.R.C.P. 4019 AND NOW, comes Defendant, Carlisle Productions, Inc., t/d/b/a Carlisle Events, (hereinafter " moving Defendant"), through its attorneys, MATTHEW L. OWENS, ESQUIRE and MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN, and files the within Motion to Dismiss Plaintiffs claims and states in support thereof the following: Plaintiff commenced this action by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County on September 26, 2002. On December 4, 2002 moving Defendants filed a Praecipe for a Rule to File a Complaint. On or about January 27, 2003 Plaintiff filed a Complaint alleging negligence on the part of Defendants. (A true and correct copy is hereby attached and marked as Exhibit "A"). 4. This matter arises from an alleged September 30, 2000 incident occurring at the Carlisle Fairgrounds, Cumberland County, Pennsylvania. (Exhibit A). 1- 1 5. Plaintiff alleges he was struck from behind by a golf cart alleged owned or operated by moving Defendant and "sustained injuries to his left knee, calf and foot together with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental anguish and physical pain from he still suffers and will continue to suffer for an indefinite time in the future." (Exhibit A, ¶¶ 8, 9, 12). 6. By correspondence dated June 13, 2003 moving Defendant requested Plaintiffs availability for depositions in the months of August and September 2003. (A true and correct copy is hereby attached and marked as Exhibit "B"). 7. Again on November 20, 2003 moving Defendant contacted Plaintiff and advised of moving Defendant's availability to depose Plaintiff in December. (A true and correct copy is hereby attached and marked as Exhibit "C"). 8. Plaintiff never responded to either of these request to move forward with depositions. 9. On June 7, 2004 the undersigned contacted Plaintiffs counsel and advised that, as Plaintiff has done nothing to move the case forward, moving Defendant was interested in potential settlement of the matter. (A true and correct copy is hereby attached and marked as Exhibit "D"). 10. By September 14, 2004 correspondence, counsel for moving Defendant again inquired as to Plaintiffs desire to settle this case. Defense counsel further states that should settlement not be successful it desired to proceed with depositions. (A true and correct copy is hereby attached and marked as Exhibit "E"). 11. Plaintiff never responded to either of these requests. 12. On January 27, 2005, the undersigned corresponded with Plaintiffs counsel and again demanded Plaintiffs availability for deposition as well as overdue written discovery responses. (A true and correct copy is hereby attached and marked as Exhibit "F"). 13. On February 18, 2005 Plaintiff did provide moving Defendant with the overdue discovery response, however there was no mention of his availability to be deposed. 14. By letter dated July 19, 2005 counsel for moving Defendant yet again expressed the desire to move forward with Plaintiffs deposition and listed potential dates in August and September. (A true and correct copy is hereby attached and marked as Exhibit "G") 15. On July 25, 2005 Plaintiffs counsel, Ms. Toni Cherry, Esquire, responded that Plaintiff recently underwent surgery, allegedly related to the accident at issue, and advised that he would not be available for twelve to fourteen weeks thereafter. (A true and correct copy is hereby attached and marked as Exhibit "H") 16. Attorney Cherry did advise that Plaintiffs deposition may be held sooner if it occurred in Clearfield County, Pennsylvania. (Exhibit H). 17. On August 18, 2005 an associate to the undersigned assisting in the defense of this matter corresponded with Attorney Cherry requesting Plaintiffs tax returns as well as his availability for deposition in the upcoming months. (A true and correct copy is hereby attached and marked as Exhibit "I"). 18. On August 25, 2005, the undersigned acknowledged Plaintiffs counsel's July 25, 2005 correspondence and also requested she contact me to schedule Plaintiffs deposition. (A true and correct copy is hereby attached and marked as Exhibit "J"). 19. Plaintiff never responded to this requests to move forward with Plaintiffs deposition. 20. Again, by correspondence dated September 21, 2005, Plaintiffs counsel was contacted and it was requested that she advise of Plaintiffs availability to be deposed in Clearfield County on either October 3, 4 or 17. Also requested were records concerning Plaintiffs recent surgical procedure. (A true and correct copy is hereby attached and marked as Exhibit "K"). 21. Plaintiff never responded to either of these requests. 22. On September 29, 2005 another demand for Plaintiffs deposition was made in addition to a request for information concerning the surgeon who recently operated on Plaintiff. (A true and correct copy is hereby attached and marked as Exhibit "l,"). 23. Yet again, Plaintiff did not respond to this correspondence. 24. Finally on November 11, 2005, after receiving no response to moving Defendant's repeated demands to move forward with Plaintiffs deposition, the same was unilaterally noticed for December 9, 2005. (A true and correct copy is hereby attached and marked as Exhibit "M"). 25. On December 8, 2005, counsel for Plaintiff and moving Defendant agreed to postpone the deposition due to an impending significant snowstorm in the Central Pennsylvania region. This decision was significantly affected by the fact Plaintiffs counsel resides in, and would be traveling from, western Pennsylvania. 26. Plaintiffs deposition was rescheduled for January 2006. 27. On December 28, 2005 moving Defendant was notified that Plaintiff had unfortunately passed away. (A true and correct copy of the Notice of Death is hereby attached and marked as Exhibit "N"). 28. Plaintiffs counsel has averred they intend to move for substitution of Plaintiffs estate as successor in the above-captioned matter. 29. Despite their repeated attempts to depose Mr. Yusnukis in defense of this matter, moving Defendant was never afforded this opportunity prior to his death. 30. Pennsylvania Rule of Civil Procedure 4019 grants this Honorable Court with the authority to dismiss a complaint as a discovery sanction. t 31. The factors to consider in determining whether dismissal is an appropriate as a discovery sanction: (1) the nature and severity of the discovery violation; (2) the defaulting party's willfulness or bad faith; (3) prejudice to the opposing party; (4) the ability to cure the prejudice; and (5) the importance of the precluded evidence in light of the failure to comply. Stewart v. Rossi, 542 Pa. Super. 120, 125, 681 A.2d 214, 217, (Pa. Super. Ct. 1996). See also, Ghaner v. Bindi, 779 A.2d 585, 589 (Pa. Super. Ct. 2001). 32. The nature and severity of a discovery violation, as well as the existence of the defaulting party's willfulness or bad faith, is evidenced by the record. Stewart, 542 Pa. Super. at 125-6, 681 A.2d at 217. 33. In the present matter moving Defendant has made nine written requests to depose Plaintiff as well as numerous other attempts to do so via telephone. 34. With the exception of Plaintiffs July 25, 2005 correspondence, which stated Plaintiff would be unavailable for deposition for twelve to fourteen weeks, every other attempt to schedule Plaintiffs depositions was ignored and Ms. Cherry was never available when contacted by telephone. 35. After three years since Plaintiffs initiation of the case and many unsuccessful attempts to depose him, moving Defendant was forced to unilaterally schedule Plaintiffs deposition. ' "The Court may, on motion, make an appropriate order if a party or person otherwise fails to make discovery." Pa.R.C.P. 4019(a)(1)(viii). " The Court, when acting under subdivision (a) of this rule, may make such order with regard to make discovery as is just." Pa.R.C.P. 4019(c)(5). 36. Both the number of requests made to Plaintiffs counsel to depose Plaintiff, as well as the fact that these requests were continuously ignored, are evidence of a willful and bad faith refusal to produce Plaintiff for deposition. 37. "Prejudice for purposes of discovery violation is said to result any time there is a substantial diminution of a party's ability to properly present its case." 542 Pa. Super. at 128, 681 A.2d at 218-9. 38. Moving Defendant is now forever precluded from discovering Plaintiffs testimony and the exact nature of the allegations he has lodged against them. 39. This a severe prejudice and one which may not be cured. 40. Without the opportunity to cross examine Plaintiff by deposition, moving Defendant is unable to refute the allegations he made prior to his death and will be placed in a substantial disadvantage at trial. 41. Moving Defendant should not be punished for Plaintiffs refusal to make any effort to move forward with depositions for three years. 42. Plaintiff was also derelict in other aspects of discovery. 43. No request to depose any of the Defendants was ever made. 44. Also, Plaintiff did not respond to moving Defendant's Interrogatories until almost two years after service of same and under the threat of a Motion to Compel. 45. Lastly, on September 27, 2005 moving Defendant served upon Plaintiff a second set of Requests for Production of Documents. 46. Plaintiffs counsel has yet to respond to or even acknowledge this written discovery request. 47. Moving Defendant has made many efforts to depose Plaintiff. 48. Plaintiffs have willfully failed to reply to moving Defendant's many requests. 6 49. Moving Defendant is now forever precluded from discovering a key piece of evidence, namely Plaintiffs testimony on the matter. WHEREFORE, for the above stated reasons, moving Defendant respectfully requests this Honorable Court dismiss Plaintiffs claims against them with prejudice. Respectfully Submitted, WARNER, BY: DATE: 2/ (0 Qk M1 WVW L. OVENS, ESQUIRE I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendants Carlisle Productions, Inc. t/d/b/a Carlisle Events \05_A\LIAB\AGS\LLPG\210975\AGS\ 11012\00637 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants COMPLAINT AND NOW, comes the Plaintiff, MICHAEL YUSNUKIS, by and through his Attorneys, GLEASON, CHERRY AND CHERRY, L.L.P., and brings this action against Defendants, CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, to recover damages upon a cause of action whereof the following is a statement: Plaintiff, MICHAEL YUSNUKIS, is an adult individual who resides at R. D. #I, Box 190, DuBois, Clearfield County, Pennsylvania 15801. 2. The Defendant, CARLISLE PRODUCTIONS, INC., is a Pennsylvania Corporation having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013- 1588. 3. The Defendant, CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, is a Pennsylvania Corporation operating a business known as CARLISLE EVENTS for the purposes of conducting business within the Commonwealth of Pennsylvania and having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 4. The Defendants, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, are adult individuals dfb/a B&C PROPERTIES, and have a business address at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 5. The events hereinafter complained of occurred on or about September 30, 2000, at or about 12:00 o'clock noon upon the premises known as the Carlisle Fairgrounds, located partly in Carlisle Borough and partly in the Township of North Middleton in Cumberland County, Pennsylvania. 6. At all times mentioned herein, Defendants were in exclusive possession, management, control and maintenance of the Defendants, their agents, servants, workmen, or employees, then and there engaged in Defendants' businesses and acting within the course and scope of their employment or authority. 7. At all times mentioned herein, Plaintiff was a business invitee and visitor to the Carlisle Fairgrounds for purposes of viewing the car show and events presented by Defendants at the Carlisle Fairgrounds as previously set forth. 8. On that date, Defendants owned and, by their agents, servants and employees, controlled and operated a golf cart involved in the accident hereinafter described upon the premises known as the Carlisle Fairgrounds located partly in Carlisle Borough and partly in North Middleton Township, Cumberland County, Pennsylvania. 9. On that date, Defendants' golf cart was being driven on the roadway toward Gate C when it struck the Plaintiff, who was lawfully walking on said pathway among the crowd that was progressing toward Gate C to reach the parking lot where Plaintiff's vehicle was parked. 10. As a result of being struck from behind by Defendants' golf cart, Plaintiff sustained the injuries set forth below. 11. The accident was due solely to the negligence and carelessness of the Defendants, their agents and servants, in that: (a) Defendants' golf cart was operated in a reckless, careless and negligent manner, and at an improper and illegal rate of speed under the circumstances, in disregard of I? the rules of the road and the laws of the Commonwealth of Pennsylvania and the ordinances of it the Borough of Carlisle and the Township of North Middleton; 'a (b) No warning of its approach or intended direction was given; ij (c) It was not under the control of the operator thereof and was not equipped with proper brakes and other safety appliances; (d) It was operated without regard for the existence of pedestrians lawfully upon the roadway; (e) With the Plaintiff in full view, the golf cart was so carelessly and negligently operated that it was brought into forcible and violent contact with the Plaintiff, causing him to sustain the injuries set forth below. 12. By reason of the accident, Plaintiff sustained injuries to his left knee, calf and foot, together with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental anguish and physical pain from which he still suffers and will continue to suffer for an indefinite time in the future. 13. In order to effect a cure of the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention and he will be required to expend additional sums of money for the same purpose in the future. 14. By reason of the accident, Plaintiff has been unable to follow his usual occupation, and will be unable to do so for an indefinite time in the future, whereby he has lost the income which would have come to him through his employment. 15. As a result of said injuries, the Plaintiff has been and will be deprived in the future of the ordinary pleasures of life. WHEREFORE, Plaintiff claims damages from Defendants in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), together with delay damages and costs of suit. Respectfully submitted, 4 GLEASON, CHERRY AND CHERRY, L.L.P. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CLEARFIELD Personally appeared before me, a Notary Public in and for the County and State aforesaid, MICHAEL YUSNUKIS, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Michael Yusnukis Sworn to and subscribed before me this 25th day of January, 2003. ?'. ?, 'FGLLIC ? i ? ; , t =;: LD COUglT NlY Dt'„°o St TZMBERM200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 27'h day of January, 2003, a true and correct copy of the Complaint filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GLEASON, CHERRY AND CHERRY / ( Afforrtor or Plaintiff Dated: January 27, 2003 A RFGIoN,,, DEFENsE LITIGATION LAW FIRM MARSm DE1y1VEHEY WARNER CULEMAN G GoGGIN Pqq .rw..r. Doylestown A P 0. 0 f E 5 5 1 O N A L C O 0. P O q ,, T I O N NW W.IOa($t11tiQCI1(ICtIC}'.COm Eric Haniabwg Newtown Square N.o1stow. 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 PPhwtiel?phb (717) 651-3500 • Fax (717) 651-9630 ?"mep.0 New J.... r Cherry Hill Aoxland Direct Dial: 717-651-3501 Email: mowens@mdwcg.com June 13, 2003 D.... V/Umbwon O.w Akron Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc. t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Mr. Cherry: runn-A R. Lauderdale odando Doopa I have reviewed this file and diary. Moreover, I have discussed this case with my client. We would like to move this case forward at this time and would like to bring this case to a conclusion. I note that discovery was served February 7, 2003. 1 have a response to the document requests, however, I did not receive responses to Defendant's Interrogatories. Please forward complete responses which should be answers at this point as opposed to objections within the next twenty (20) days or I will be forced at my client's direction to file a Motion to Compel. I am available the following dates in August and September for purposes of depositions in this case: 815-8/8, 8/14, 8/15, 8/19-21, 8/25-29 Kindly contact my office to schedule these depositions as soon as possible. Your attention and response is appreciated. MLO/cmw \05_A\LIABWL0\C0RR\126930\CYW\I tOt2\00637 Very truly yours, AATV1iLLOWENS A Redo",. DIIENsr LincAaioN LAW FIRM MARSHA>IS., DENNEmY, WARNER, COLEMAN ?jc GoGGw ? smweNh m`°A"'A Dqw Doyl nwwn A P A O P q 5 5 1 O N A L C O R P O P A T 1 O N veww.marshaadennehry.com Ee Newtown qqu NoL.iu 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Nmbuu*h (717) 651-3500 • Fax (717) 651-9630 xWUmu.m n Direct Dial: 717-651-3501 Email: mowens@mdweg.com Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 November 20, 2003 RE: Michael Yusnukis v. Carlisle Productions. Inc t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 1 10 12-0063 7 Dear Ms. Cherry: New J..... Ch.T., Hm Ro.1" D.uw.u. Wil.kW. Omo Anon F.o.,. PL Iqud.N.Ie rrm?q I have recently reviewed this case on diary. I have not received complete discovery responses from your client. Please contact me regarding this matter or I will be forced to file a motion to compel complete discovery responses. In addition, I would like to schedule depositions for December. I am available the following dates for this purpose: December 1, 3, 4, 11, 12, 23, 29, 30. Please advise if you would like to depose anyone from Carlisle Productions, Inc. I should mention that I recently spoke with the adjuster who spoke with a witness who alleges to be your client's former girlfriend. She resides in Australia. She apparently is willing to testify that his case is fraudulent and that he did not sustain any injury and may not have been struck by the golf cart involved in this case. Please contact me so we can discuss these matters as soon as possible. Your attention is appreciated. MLO/acs A RrcioNra, DIFrNS[ i rrrcnuoN inov FIR.%1 MARSHALL9 DENNEHEY? WARNER COLEMAN &e GOGGIN Peru!... .. Rcwebem S Doy?cetowv A P R O P E 5 5 f O N A L C O 0. P O R A T 1 O N www.marshalldeFmehry.com Prie Nartiabuag Newtown Square No rtown 4200 Crums Mill Road Suite B • Harrisbur PA 17112 ?dpw , g, PiMburgh (717) 651-3500 • Fax (717) 651-9630 VlVEW meport Direct Dial: 717-651-3501 Email: mowens@mdwcg.com June 7, 2004 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: New r Cherry KW HW RoaclanA Deuwue www?to? Oauo Alvon Pwuna. Ft. UuEcNak Tampa Please be advised that you have done nothing to move this case forward. I discussed this case in detail with my client and my principal. I should advise you that we were contacted by a female who claims to be either an acquaintance or former girlfriend of your client who advises that his claim is fraudulent. I have been unable to contact this person and I do not, unfortunately, have a name or address. Nevertheless, we will continue our search for this potential witness. In light of the nature of the injuries and the facts and circumstances surrounding the case, my client has decided to make a less than cost of defense offer of $2,000.00. Please advise if your client will accept $2,000.00 to settle this case. The offer is made in exchange for a General Release. Your attention and response is appreciated. Very truly yours, MLO/acz A RE61ONA. OFFENSE LITIGATION LAW FIRM MAMHALL9 D>, w, co>nx cot;Gnv M I1 YMIA A P l 0 P R S S t 0 N A L C O R P O P A T 1 O N W W W.011['ILBII/tCmtL!'y.COID t{fM,pylg Netvrown Squvc NwM 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 dph w`,n"ha (717) 651-3500 • Fax (717) 651-9630 w :wN N. JR .e Ch NW R..C d Direct Dial: 717-651-3501 D.L."[ Email: mowens@mdwcg.com onto AYr"n F ,W Ink Pe ldNal< September 14, 2004 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Mr. Cherry: I have not heard from you since writing to you and attempting to contact you in your office with respect to the above-captioned matter. My client has given me some authority to attempt settlement. While we believe that your client has no claim, my client understands the costs of defense associated with this case. I urge you to contact me as soon as possible. Should I not hear from you within 10 days from the date of this letter I will assume that your client has no interest in settlement and will proceed with discovery and depositions. Your attention and response is appreciated. Very truly yours, MATTH . OW MLO/acz A Ricio,? ?rFF P;CE LI T IcA ,ON LAW FIRM i 'Ax1A MmtsHAu, DF.NNEHEY, WARNER, COLEMAN E6 GOGGIN BCOx me DN]oylnwwn ?P A P 0. O P E 5 5 1 O N A L C O P Y O 0. A T 1 O N NWW.ID1TRIl?IIat1111tI1ty.COIR NyNPy? NCMx Sq. NoMrtamn 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 N,RIyd Iphl ??RR (717) 651-3500 • Fax (717) 651-9630 P'IRixeupon Direct Dial: (717) 651-3501 Email: mowens@mdwcg.com VIA FACSIMILE & U.S. Mail Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 January 27, 2005 RE: Michael Yusnukis v, Carlisle Productions. Inc, t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: N.v J..m Chtt ,RR Roulaxd D[L.Ax'A\L FgIminRron o Aluan FWnii R. uu&c c Orlando b 1- Enclosed please find a Motion to Compel updated responses to our Request for Production of Documents. More specifically we request now, and have been requesting, all medical bills that are in your or your client's possession that have not already been provided to us. What's more, it has been almost two years since we served Interrogatories regarding this matter and have yet to receive a response, Finally, we seek to determine a time and place in which we can depose your client. If you do not respond within 15 days of the date of this letter, we will file the Motion to Compel with the Court. We remain hopeful that all formal litigation may be avoided in this matter through settlement but, unfortunately, we cannot meaningfully assess damages in this case without an update of Plaintiffs medical expenses. Please feel free to contact me should you have any questions or concerns regarding this matter. Your prompt attention and cooperation is appreciated. Very truly yours, cc: Greg Anthony Enclosure twtta?;r;;?... (JU.ens MATTHEW L. OWENS E7 I Confirmation Report- Memory Send Time 02-03-2005 16:39 Tel line : +7172321849 Name MARSHALL DENNEHEY Job number Date To Document pages Start time End time Pages Sent Status Job number 700 700 02-03 16:37 18143710936 006 02-03 16:37 02-03 15:39 006 is s:r , OK C7-u3 ?i: *** SEN6,S000E$$F"PL *** 1NLAlt.813-AT T I31"+L?7rTEFILIY+ HTA C ?DI.E'MAN CiOCs6IIy C •. n r .. x .. x, e x ww?v.tYW.Ldn/•naM9.non+ + r o rv .• r . n ! n n r s s 4200 Cams MiII Road. Suite B, Harrisburg, pA 17112 FACSIMILE TI2ANS1KI5SIGN SI;EET TO: COMPANYi T3vL3Gp] x FAX M1 UxnM9 Toni M. Clete Ea airs 834-371-5800 814-371-0936 1?n I1VffiERt 717-651-3531 ATTORNEY: Amanda St:ombaugtt ., ,.? / $ f,&- OT)R FILE Me 1101200637 "AWwC Ol1IGINATOR: Amanda Stambaugh Cw9T•. 1VAM]Ez c]_wII.i K: AR08628-00 NLTMHER OF PAGES: (bneludlug c••ver page) IF COPY IS IZJ 6GIBLE 012 IlVCOMPLE7'E pl, q,gE rwi r (727) 652-3500 YMMSDIATSLY F42W RBTRANSMISSlON "pi: FAX"NITA I)BER XS. (717) 653-9630 (T•{f .P.ee to 6e eaW rpr.Tart ar.upp•enren•.. men as 3.f) -....u Terri +CONFIDENT][ALI7'Y NOT;(,E+'++ 'nt. wocumens...romP.nr:ns m:. ot..opr e.n.,.,r..r.n. wonm;n ,nro.+.v.am nom rnet.w n...•erx+r...a.ll, mm?.n.Y, w.,n... col..n.n .e. oeaprn ..urot. {. e'nr.aaen[rol .never layllrtrvlvrrnwa. 'rn,. nror+n..lon is {nee„q.w. ntr ra.q,eV..orC,R ina{rtpw{•.n m0.rr n,.e„aw o,, .{.ia w+,.mtnlon fl•..•. a»ue,e no. {m.ne.n.ecl!{.n•.ron.ren...t,rnezin.a.r..rou.no.zln..soe+Ao.+?+..er<.a a.w.on..nz..orvu {..I.n. u..•.nr al.ete.o++ o.rrns. ai.wnzznon P{rTVi??eO1.t61YY My•ay.N.?Tynu Nvorc hvaN::w,vla?mnl.eWY•Ar?rn1T•.tl?,.{no fY Yl. by VlePnEen.MGmmedin,•d1Y.e aM1 tVw. Miy smsnrcy. TVr'[Ta µT6eam e. [l, arlmn 1 A REGION 'IFFFNSF hIICATION LAW FIRM MARSHALL9 DENNEHEY, WARNER, COLEMAN &5 GOGGIN A P K O F P 5 5 1 O N A L C U R P O R A T ? U N w .marshalldenneheyxom 4200 Crums Milt Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mowens@mdwcg.com Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 July 19, 2005 RE: Michael Yusnukis v. Carlisle Productions, hie. t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: PaNraemv u Bmhlehcm Doylcatown Brie Haadaburg King dpruaaia Phlladdphia Pitubutgh Saamoo Wiuiamepoa Nes J? Ae Cherry Hsu Aoaehnd b? Wiloungrou Owo Muon FWMA Pc Lauderdilc Jacluomille Orlando Tampa ArroRNerseruw I understand my office has been attempting to schedule depositions in this case for some time. Please be advised 1 am available the following dates in August and September for depositions in this case: August 17 and September 13, 23, 26-30. Please contact us as soon as possible so we can schedule these depositions and move this case forward at this point. Your attention and response is appreciated. MLO/acz Very truly yours, 4Tk L.OWENS t.AW OFFICES GLEABON, CHERRY AND CHERRY, P.O. Box 505 TONI M. CHERRY PAULA M. CHERRY EDWARD V. CHERRY 19661990 JAMES A. GLEASON 19461975 July 25, 2005 DuBois, PENNSYLVANIA ONE NORTH FRANKLIN STREET Matthew L. Owens, Esq. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 JUL 2 7 2005 RE: Michael Yusnukis v. Carlisle Productions, Inc., t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Your File No. 11012-00637 Dear Mr. Owens: 814 I have just been advised by Mr. Yusnukis that he is scheduled to have surgery on Wednesday, July 27, 2005, performed by Dr. Ellis in State College to repair a torn meniscus that was caused by the accident resulting in the above-captioned suit. We understand from Mr. Yusnukis' reports of what Dr. Ellis indicated, the doctor will be able to opine that the tom meniscus was caused by the accident but went untreated. We will be requesting medical reports and records from Dr. Ellis and will be happy to forward a copy of the same to you as soon as we receive them. Mr. Yusnukis will need at least 12 to 14 weeks of recovery time. Consequently, we need to schedule the deposition for sometime in late October or early November since we will have to travel to Cumberland County. If you are willing to travel to Clearfield County, we can probably have the deposition earlier in the month of October. Kindly advise. Very truly yours, GLEASON, CH C L.L.P. By To 'M. herry TMC:mis cc: Mr. Michael Yusnukis V A REGIoi .)EFENSE LITIGATION LAW FIRM MARSHALL, DENNEHEY, WARNERS COLEMAN 8GOGGIN A P R O F E S S I O N A L C O P P 0 t A T t 0 N c .mmhandenneheyxom 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 l?0j a -?33 Pv+xnnvA,au fleN<hem DoYlcrzown H.. Harrisburg N<wrown gquaa Norristown Iphia Ntub.h P Pjym ymouut th Meeting Srnuton WiWamrport Nev Terser Ch<ery HID Am<laod Direct Dial: 717-651-3531 Email: astombaugh@mdwcg.com August 18, 2005 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc. t/d/b/a Carlisle Events, et al Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: 13 uv e Wu ngtolr Owo Akmv fto.A Pt. Uudecdile Jacbomill< oaa„ae Tampa As I'm sure you are aware, I am assisting Attorney Owens in the defense of this case and am writing to request your client's tax returns for the four years preceding the incident at issue. More specifically, we are requesting his tax returns for the years 1997 through 1999. You had previously provided us with Mr. Yusnukis' 2000 tax returns and reproduction of those records is not necessary. Additionally, we would like to move forward with Mr. Yusnukis' deposition. Kindly advise as to both his and your availability in the upcoming months. Of course, should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Your attention and assistance is appreciated. Very truly yours, O, y /? S-/Cr? AMANDA L. STOMBAUGH I?r >• A REGI EEENSE LITIGATION LAW FIRM MARSHALL, DENNEHEY, WARNER, COLEMAN &; GOGGIN A P R O F E S E I O N A L C O R P O R A T 1 0 N w .ma hall&nneheyxom 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mowens@mdwcg.com August 25, 2005 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions, Inc. t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: PENNenVn HetNchmm Eoylavown Erie Haniaburg Newmwn Square dr &own Ph imburg hia Pimbur Plymou'h o6 Mceing Samwn W;Waranpott NEa jm. Cherry HW 0.meland D.U.A Wilmington owo Akron PwnmA Pr Lauderdale Jacbonvillc Orhndo Tampa I am in receipt of your latest correspondence in this case. Kindly contact my office so that we can schedule the deposition of your client. Please advise if you wish to depose any of the defendants in this matter. Your attention and response is appreciated. Very truly yours, 4 .0 MAT E EN MLO Jw A Rrci, DrIFNSL LIT K.ATION LAw FIRN1 MARSHALL, DENNEHEY, WARNER, COLEMAN c GOGGIN A P R O F P 5 5 1 0 N A L C o a P o x A r c o N www.marshAdealDetaey.COaa 4200 Crams Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dial: 717-651-3531 Email: astombaugh@mdweg.com September 21, 2005 VIA FACSIMILE Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc. t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: PPr+NMtt .A dcvhlehem Doylcnown Bde Haccssbnag IGng oFPruuia Phdaddphia Plmbuagh &rauron Willia,ruport Na Jm ttx Cb,rz HW Roseland Dmwvene wilmu,gaon 0.0 Akron FWMA Pc Laudcadele Jaa6on.We Orlando Tampa I am writing in furtherance of establishing depositions in this case. I understand your client has recently undergone surgery and is recuperating. Therefore please advise as to his availability to be deposed in Clearfield County on either October 3, 4 or 17. Also, please provide all information in your possession concerning Plaintiffs recent surgical procedure and treatment by Dr. Ellis prior to Mr. Yusnukis' deposition. Of course, if you have any questions or concerns regarding this matter, please do not hesitate to contact me. Your attention and assistance is appreciated. Very truly yours, ?.4 5jklj4v 4FIf AMANDA L. STOMBAUGH R- . ,, . )iDlI to3-7 A RrGIC DEFENSE LrncAnoN LAw FIRM I MARSHALL, DENNEHEY, WARNER, COLEMAN 6 GOGGIN I A P R O F R R 5 1 O N A( C O R P O R A T 1 O N www.marsiLdidennehey.com 4200 Crums Mill Road, Suite B a Harrisburg, PA 17112 (717) 651-3500 a Fax (717) 651-9630 Direct Dial: 717-651-3531 Email: astombugh@mdweg.com September 29, 2005 VIA FACSIMILE & U.S. MAIL Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc. t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: PONNfYLVAN,A H<tWehRm Doylestown Hd< Huriab King p cl Phlladdpha hh Pittabntgh Scnnton Wiliiawpott NEW JEREMY Chary M11 R.nl.d PRLRFARR Wilmington Owo Akmo F-e Ft. Laudndai< ja<E,onh,U oval. Tampa I had called your office last week to inquire into your client's surgery with Dr. Ellis and to discuss the deposition of your client. I have not yet received a response to these inquiries and therefore am now following up in writing. In short, please provide me with Dr. Ellis's full name and business address so that we may move forward with concluding our document discovery in this matter. Also, please provide dates of availability for your client's deposition. In a previous correspondence you stated that due to your client's recovery from surgery, he would be unavailable to travel until late October or early November. Given that it is currently late September I anticipate that the depositions will not be held until late October or thereafter and depositions therefore will most likely be held in our office. Of course, should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Your attention and assistance in this matter is greatly appreciated. Very truly yours, dy._ 454? AMANDA L. STOMBAUGH A REGION, DEFENSE LITIGATION LAW FIRM MARSHALL DENNEHEY WARNER COLEMAN ?ji riOGGIN P.. yANLA 9ethlehem 7 ) Doylnrown ede A P R O P F!! I O N A L C O R P O R A T I O N www.marehaadennehey.com urg ,wt. N Newtown Square mwn Philadelphia 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Plymouth Meeting (717) 651-3500 • Fax (717) 651-9630 wdMerpmt NRV jinau. Cherry Hill Rmdand DB waji e wilrem, on Direct Dial: 717-651-3531 owo Email: astombaugh@mdwcg.com Akmn Proxme R. Lauderdale yrluon.gle Orlando Tampa November 11, 2005 VIA FAX AND REGULAR MAIL Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions. Inc. t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 1 10 12-0063 7 Dear Ms. Cherry: As you are aware, I am assisting Attorney Owens in the above-referenced matter. Also, as you are aware, I have made repeated attempts to contact you in furtherance of establishing a deposition of your client. These attempts have gone ignored, and therefore, we have enclosed a notice of your client's deposition for December 9, 2005 at 2:00 p.m. in our offices. Your attention is appreciated. Very truly yours, /, SI* ? AMANDA L. STOMBAUGH ALS/acz enc. \05 A\LIABWL.O\DISC\203?WACS\11012\00637 MICHAEL YUSNUKIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CARLISLE PRODUCTIONS, INC„ NO. 02-4650 CIVIL TERM CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, 3R. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants TO: Michael Yusnukis, Plaintiff c/o Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 PLEASE TAKE NOTICE that on December 9, 2005, commencing at 2:00 p.m., the oral deposition of Plaintiff, Michael Yusnukis, will be taken at the offices of Defendant's counsel, Matthew L. Owens, Esquire, at the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Harrisburg, PA 17112 upon oral examination pursuant to the Rules of Civil Procedure before a Notary Public or some other officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN *46 BY: DATE: 5 4 //1 f 0,S Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I 11 e {k l ((-,an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of November, 2005, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 ,,e_ Z J?1 * ?3 ;P5 26D Jt2- (p__3_7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/dlbla CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, dfb/a B&C PROPERTIES, Defendants No. 02 - 4650 C.D. Type of Case: CIVIL Type of Pleading: NOTICE OF DEATH Filed on Behalf of: MICHAEL YUSNUKIS, Plaintiff Counsel of Record for this Party: TONI M. CHERRY, ESQ. Supreme Court No.: 30205 GLEASON, CHERRY AND CHERRY, L.L.P. Attorneys at Law P. O. Box 505 One North Franklin Street DuBois, PA 15801 (814) 371-5800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d!b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants NOTICE OF DEATH The death of MICHAEL YUSNUKIS, a party to the above action, during the pendency of this action is noted upon the record. Respectfully submitted, GLEASON, CHERRY AND CHERRY, L.L.P. Toni M. Cheery, Esq. One North Franklin Street P. O. Box 505 DuBois, PA 15801 Supreme Court No.: 30205 (814) 371-5800 Date: December 28, 2005 , I ? IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 28`h day of December, 2005, a true and correct copy of the Notice of Death filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: December 28, 2005 GLEASON, CHERRY AND CHERRY, L.L.P, " 4, MICHAEL YUSNUKIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CARLISLE PRODUCTIONS, INC., NO. 02-4650 CIVIL TERM CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, IR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ay of February, 2006, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 n C ? ? - ? 1 - ? C_ MICHAEL YUSNUKIS, Plaintiff vs. CARLISLE PRODUCTIONS, INC., : CARLISLE PRODUCTIONS, INC., : t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR., and ELLIOTT S. MILLER, d/b/a B & C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL IN RE: DEFENDANTS' MOTION TO DISMISS ORDER AND NOW, this day of March, 2006, a rule is issued on the plaintiff to show cause why the relief requested in the within Motion to Dismiss ought not to be granted. This rule returnable and to be heard at a brief argument set for Thursday, April 6, 2006, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, V? MICHAEL YUSNUKIS Plaintiff vs. CARLISLE PRODUCTIONS, INC., : CARLISLE PRODUCTIONS, INC., : t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR., and ELLIOTT S. MILLER, d/b/a B & C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL IN RE: DEFENDANTS' MOTION TO DISMISS ORDER AND NOW, this -1 ` day of April, 2006, at the request of counsel for defendants, argument in the above captioned matter set for April 6, 2006, is continued generally and can be relisted at the request of either counsel. BY THE COURT, Xoni M. Cherry, Esquire For the Plaintiff , oKlatthew Owens, Esquire lloeoffrey S. McInroy, Esquire A For the Defendants :rlm oa Kevin ess, J. __Ij OP ???;? ::?_di t(. ?. _. t¢ 05/341837.v1 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 02-4650 CIVIL TERM MOTION OF DEFENDANT CARLISLE PRODUCTIONS, INC. TO ENFORCE SETTLEMENT AND NOW, comes Defendant Carlisle Productions, Inc. t/d/b/a Carlisle Events ("the Defendants"), by and through their undersigned counsel, Marshall, Dennehey, Warner, Coleman & Goggin, who files this Motion to enforce the terms of settlement reached by and between the Plaintiff and the Defendants, and in support thereof avers as follows: 1. Plaintiff commenced this action by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County on September 26, 2002. 2. On December 4, 2002, Defendants filed a Praecipe for a Rule to File a Complaint. 3. On or about January 27, 2003, Plaintiff filed a Complaint alleging negligence on the part of the Defendants. (A true and correct copy is hereby attached and marked as Exhibit IVA"). 4. This matter arises from an alleged September 30, 2000 incident occurring at the Carlisle Fairgrounds, Cumberland County, Pennsylvania. (See Exhibit "A"). ,w 1 ,.1 - •. 1 5. Plaintiff alleges he was struck from behind by Defendants' golf cart and "sustained injuries to his left knee, calf and foot together with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental anguish and physical pain from which he still suffers and will continue to suffer for an indefinite time in the future." (See Exhibit "A", ¶¶ 8, 9, and 12). 6. On or about December 28, 2005, Plaintiffs counsel served notice of Plaintiffs death from causes unrelated to the subject accident. (Notice of Death attached hereto and marked as Exhibit "B"). 7. On March 27, 2006, Plaintiffs counsel indicated that she had been directed by the mother of the decedent Plaintiff to file a Praecipe to Mark the Case Discontinued and Ended with Prejudice with the payment of $329.95. (See Plaintiffs counsel's March 27, 2006 correspondence attached and marked as Exhibit "C"). 8. On May 1, 2006, the undersigned counsel confirmed settlement at $329.95 and enclosed a General Release for execution by a representative of the Estate. Undersigned counsel's May 1, 2006 correspondence to Plaintiffs counsel is attached hereto and marked as Exhibit "D". 9. On May 1, 2006, the undersigned counsel forwarded a Release and Settlement Agreement attached hereto and marked as Exhibit "E". 10. On July 17, 2006, the undersigned counsel reminded Plaintiffs counsel of the above-referenced settlement and reminded her of the need for a representative of the Estate of the deceased Plaintiff to execute the Release and execute the proper closing pleadings in the matter including a Praecipe to Mark the Case Settled, Discontinued and Ended. (See July 17, 2006 letter attached hereto and marked as Exhibit T"). 2 11. On September 21, 2006, the undersigned counsel again reminded Plaintiffs counsel of her obligation. (See September 21, 2006 correspondence attached hereto and marked as Exhibit "G"). 12. On December 6, 2006, the undersigned counsel once again reminded the Plaintiff of the settlement and the obligations of execution of the Release by a court-appointed administrator to Plaintiffs estate and necessity of filing a Petition for court approval of the compromise. (See December 6, 2006 correspondence attached hereto and marked as Exhibit "H".) 13. On January 23, 2007, the associate for the undersigned counsel once again reminded Plaintiff of her obligations with respect to the above-referenced settlement. (See January 23, 2007 correspondence attached hereto and marked as Exhibit "I"). WHEREFORE, for the foregoing reasons, the Defendants respectfully request that this Honorable Court enter an Order enforcing the settlement and compelling the execution of the Release attached to this Motion (Exhibit "E") and file and execute a Praecipe to Mark the Matter Settled, Discontinued and Ended. Respectfully submitted, BY DATE: F124( 0-7 COLEMAN & Y, WARNER, Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for the Defendant Defendant Carlisle Productions, Inc. t/d/b/a Carlisle Events 3 E,xH s ke IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. : No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants COMPLAINT AND NOW, comes the Plaintiff, MICHAEL YUSNUKIS, by and through his Attorneys, GLEASON, CHERRY AND CHERRY, L.L.P., and brings this action against Defendants, CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, to recover damages upon a cause of action whereof the following is a statement: 1. Plaintiff, MICHAEL YUSNUKIS, is an adult individual who resides at R. D. #l, Box 190, DuBois, Clearfield County, Pennsylvania 15801. 2. The Defendant, CARLISLE PRODUCTIONS, INC., is a Pennsylvania Corporation having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013- 1588. 3. The Defendant, CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, is a Pennsylvania Corporation operating a business known as CARLISLE EVENTS for the purposes of conducting business within the Commonwealth of Pennsylvania and having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 4. The Defendants, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, are adult individuals d/b/a B&C PROPERTIES, and have a business address at 1000 Bryn Mawr Road, i Carlisle, Pennsylvania 17013-1588. 5. The events hereinafter complained of occurred on or about September 30, 2000, at or i about 12:00 o'clock noon upon the premises known as the Carlisle Fairgrounds, located partly in Carlisle Borough and partly in the Township of North Middleton in Cumberland County, Pennsylvania. 6. At all times mentioned herein, Defendants were in exclusive possession, management, control and maintenance of the Defendants, their agents, servants, workmen, or employees, then and there engaged in Defendants' businesses and acting within the course and scope of their employment or authority. 7. At all times mentioned herein, Plaintiff was a business invitee and visitor to the Carlisle Fairgrounds for purposes of viewing the car show and events presented by Defendants at the Carlisle Fairgrounds as previously set forth. 8. On that date, Defendants owned and, by their agents, servants and employees, controlled and operated a golf cart involved in the accident hereinafter described upon the premises known as the Carlisle Fairgrounds located partly in Carlisle Borough and partly in North Middleton Township, Cumberland County, Pennsylvania. 2 ? A 9. On that date, Defendants' golf cart was being driven on the roadway toward Gate C when it struck the Plaintiff, who was lawfully walking on said pathway among the crowd that was progressing toward Gate C to reach the parking lot where Plaintiff's vehicle was parked. 10. As a result of being struck from behind by Defendants' golf cart, Plaintiff sustained the injuries set forth below. 11. The accident was due solely to the negligence and carelessness of the Defendants, their agents and servants, in that: i (a) Defendants' golf cart was operated in a reckless, careless and negligent ? manner, and at an improper and illegal rate of speed under the circumstances, in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania and the ordinances of j the Borough of Carlisle and the Township of North Middleton; (b) No warning of its approach or intended direction was given; ! (c) It was not under the control of the operator thereof and was not equipped with proper brakes and other safety appliances; ,I (d) It was operated without regard for the existence of pedestrians lawfully upon the roadway; (e) With the Plaintiff in full view, the golf cart was so carelessly and negligently operated that it was brought into forcible and violent contact with the Plaintiff, causing him to sustain the injuries set forth below. 12. By reason of the accident, Plaintiff sustained injuries to his left knee, calf and foot, together with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental 3 anguish and physical pain from which he still suffers and will continue to suffer for an indefinite time in the future. 13. In order to effect a cure of the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention and he will be required to expend additional sums of money for the same purpose in the future. 14. By reason of the accident, Plaintiff has been unable to follow his usual occupation, jl and will be unable to do so for an indefinite time in the future, whereby he has lost the income i which would have come to him through his employment. f I 15. As a result of said injuries, the Plaintiff has been and will be deprived in the future II 1 of the ordinary pleasures of life. WHEREFORE, Plaintiff claims damages from Defendants in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), together with delay damages and i I costs of suit. I Respectfully submitted, !I GLEASON, CHERRY AND CHERRY, L.L.P. 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CLEARFIELD SS. Personally appeared before me, a Notary Public in and for the County and State I? aforesaid, MICHAEL YUSNUKIS, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Michael Yusnukis Sworn to and subscribed before me this _7 5th day of January, 2003. .if. ?J. COUNN , CidjJ+.R m i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CERTIFICATE OF SERVICE I hereby certify that on this 271h day of January, 2003, a true and correct copy of the Complaint filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States I . ?i First Class Mail, postage prepaid, by depositing the same in the United States Post Office at i ' DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 MICHAEL YUSNUKIS, Plaintiff { vs. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM }I M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants 'I GLEASON, CHERRY AND CH EIR.L.P. Afforne4rfor Plaintiff Dated: January 27, 2003 ?XN?? i? n gyp..---- [?SU V E . D 2OD I?P 3? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff VS. No. 02 - 4650 C.D. i ii CARLISLE PRODUCTIONS, INC.; Type of Case: CIVIL CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM Type of Pleading: NOTICE OF DEATH M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Filed on Behalf of: MICHAEL Defendants YUSNUKIS, Plaintiff Counsel of Record for this Party: TONI M. CHERRY, ESQ. Supreme Court No.: 30205 Ii GLEASON, CHERRY AND CHERRY, L.L.P. Attorneys at Law j P. O. Box 505 One North Franklin Street DuBois, PA 15801 (814) 371-5800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL YUSNUKIS, Plaintiff vs. i• NOTICE OF DEATH i The death of MICHAEL YUSNUKIS, a party to the above action, during the pendency of this action is noted upon the record. CIVIL DIVISION No. 02 - 4650 C.D. II CARLISLE PRODUCTIONS, INC.; I, CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants Respectfully submitted, GLEASON, CHERRY AND CHERRY, L.L.P. Toni M. Che , Esq. One North Franklin Street P. O. Box 505 DuBois, PA 15801 Supreme Court No.: 30205 (814) 371-5800 Date: December 28, 2005 u t i? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ?1 MICHAEL YUSNUKIS, i' vs. Plaintiff No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 28`h day of December, 2005, a true and correct copy of the Notice of Death filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: December 28, 2005 GLEASON, CHERRY AND CHERRY, L.L.P. ?x?-??a i7 C TONI M. CHERRY PAULA M. CHERRY EDWARD V. CHERRY 19501990 JAMES A. GLEASON 1946-1975 LAW OFFICES GLEAtSON, CHERRY AND CHERRY, L.L.P. P.O. Box 5o5 DuBois, PENNSYLVANIA 15801-0505 ONE NORTH FRANKLIN STREET CJ?tr? , AREA CODE 814 371-5800 FAX NUM9ER (814) 371-0936 VIA FACSIMILE TRANSMISSION AS WELL AS UNITED STATES FIRST CLASS MAIL March 27, 2006 Geoffrey S. McInroy, Esq. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 RE: Michael Yusnukis v. Carlisle Productions, Inc., t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02 - 4650 Civil Your File No. 11012-00637 Dear Mr. McInroy: This will confirm our telephone conversation of even date during which I advised you that the mother of the late Michael Yusnukis is willing to have the Complaint withdrawn, dismissed and ended voluntarily upon reimbursement to this office of the following expenses: Fee paid to Cumberland County Prothonotary to file Complaint $ 50.50 Fee paid to Sheriff of Cumberland County to serve all Defendants $ 79.45 Fee paid to Dr. Zeliger for report $100.00 Fee paid to Dr. Ellis for report 100.00 Total $329.95 If your client is willing to reimburse this office those costs, we have been directed to immediately forward a praecipe to mark the case discontinued and ended with prejudice. t ? Geoffrey S. McInroy, Esq. Page Two March 27, 2005 Kindly advise. Very truly yours, GLN, C Y CH , L.L.P. EASO o 1 M. erry By T mis A REGIONAL QFfENSE LITIGATION LAw FIRM DENNEHEY, W A P A O P E S S 1 O N A L C O R P O It A T 1 0 N COLEMAN 8 GOGGIN www.marshafl&nnehey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 May 1, 2006 ?l ( V I Z,' 1 V PIRNNSYLVAMA Bethlehem Doylestown fff l? Erse Harrisburg King of Prussia Philadelphia Pittsburgh Scranton Williamsport NEW J OUEY Cherry Hill Roseland DRtAaARB Wilmington Omo Akron PLORMA Ft. Lauderdale Jacksonville Orlando Tampa RE: Michael Yusnukis v. Carlisle Productions, Inc. t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: This correspondence confirms that we have settled this case for $329.95. I enclose a General Release for execution by your client or a representative of the estate. You may need to edit the Release based upon the death of your client. Please telephone me to discuss before you have anyone execute the Release. I look forward to receiving the executed Release. I have requested the settlement check and, once I receive the signed Release, I will forward the settlement check to your attention. In addition, my client expects that you will file a Praecipe to Mark Case Settled, Discontinued and Ended. When you do so, please forward a time-stamped copy of the Praecipe to my office for my file. Your attention is appreciated. MLO/acz enc. Very truly yours, /MnATTHE .O \05A\LIAB\MLOWENS\CORR\219734\ACZILLA\11012\00637 x?-??? ? RELEASE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS RELEASE AND SETTLEMENT AGREEMENT ("Release") is made and entered into by and between Michael Yusnukis or Administrator/Administratrix of the Estate of Michael Yusnukis, Deceased ("Plaintiff') and Carlisle Productions, Inc., Carlisle Productions, Inc. t/d/b/a Carlisle Events ("Defendants"). WHEREAS, the Plaintiff has presented a claim against Defendants arising out of an accident which occurred on September 30, 2000 at Carlisle Fairgrounds, Carlisle Borough/North Middleton Township, Cumberland County, Pennsylvania, as more fully described in the Complaint filed by Plaintiff in the Cumberland County Court of Common Pleas to Docket No. 02-4650 Civil Term ("the Lawsuit"), and WHEREAS, the Plaintiff and Defendants desire to settle the matters raised in the Lawsuit, together with any and all other matters pertaining to the parties named herein and the above noted incident that might have been raised, that could be raised, that could have been raised, or that might be raised in the future, and WHEREAS, all parties to the Lawsuit wish to make a full, complete, and final settlement of all those matters. NOW, THEREFORE, with the foregoing background being incorporated herein by reference and made part hereof, Plaintiff, for and in consideration of the total sum and sole consideration of Three Hundred Twenty-Nine Dollars and Ninety-Five Cents ($329.95), receipt of which is hereby acknowledged, does hereby remise, release, and forever discharge, and by these presents, does for himself, his successors, administrators, assigns, heirs and executors, remise, release, and forever discharge Defendants and their respective past, present, and future officers, directors, stockholders, insurers, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, and successors in interest and assigns, and any and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated, together with any and all other persons, firms or corporations, of and from any and all past, present, or future claims, demands, obligations, actions, causes of action, liens, rights, damages, costs, expenses, and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, and whether for compensatory or punitive damages, which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired, on account of, or in any way growing out of, or which are the subject of the Lawsuit (and all related pleadings) including, without limitation, any and all known or unknown claims for bodily and personal injuries to Plaintiff, and the consequences thereof, which have resulted or may result from the alleged negligent or intentional acts or omissions of the Defendants. This Release on the part of the Plaintiff shall be a fully binding and complete settlement between the Plaintiff, the Defendants and all parties represented by or claiming through the Plaintiff save only the executory provisions of this Release and Settlement Agreement. Each party hereto shall bear all attorney's fees and costs arising from their actions or the actions of their counsel in connection with the Complaint, this Release and Settlement Agreement and the matters and documents referred to herein and all related matters. The Plaintiff hereby acknowledges and agrees that the Release set forth hereinabove is a General Release, and he further expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but which the Plaintiff does not know of or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect, his decision to enter into this Release and Settlement Agreement. The Plaintiff further agrees that he has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact, and he fully assumes the risk that the facts or the law may be otherwise than he believes. Counsel for Plaintiff will deliver to Counsel for Defendant an executed Stipulation of Dismissal with prejudice and/or an Order to Settle, Discontinue and End with prejudice of the Lawsuit described hereinabove. The Plaintiff represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Release and Settlement Agreement; that she has the sole and exclusive right to receive the sums specified in it; and, that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Release and Settlement Agreement. The Plaintiff agrees and acknowledges that he accepts payment of the sums specified in this Release and Settlement Agreement as a full and complete compromise of matters involving disputed issues; that neither payment of the sums by the Defendants nor the negotiations for this settlement (including all statements, admissions or communications) by the Defendants, or their attorneys or representatives shall be considered admissions by any of the said parties; and that no past or present wrongdoing on the part of the Defendants shall be implied by such payment or negotiations. Plaintiff agrees to indemnify and hold harmless the Defendants from any and all claims or liens presently existing against the Plaintiff on the settlement fund herein by any person, entity, or corporation. This Release and Settlement Agreement contains the entire agreement between the Plaintiff and the Defendant with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. There are no other understandings or agreements, verbal or otherwise, in relation thereto, between the Plaintiff and Defendant. In entering into this Release and Settlement Agreement, the Plaintiff represents that she has relied upon the legal advice of his attorney, Toni Cherry, Esquire, who is the attorney of his own choice, and that the terms of this Release and Settlement Agreement have been completely read 2 and explained to him by his attorney, and that those terms are fully understood and voluntarily accepted by him. The parties hereto enter into this Release and Settlement Agreement in the Commonwealth of Pennsylvania, and said document shall be construed and interpreted in accordance with its laws. Plaintiff, intending to be legally bound by the terms of this Release and Settlement Agreement hereunto, sets her hand and seal this day of , 2006. CAUTION: READ BEFORE SIGNING. THIS IS A RELEASE. WITNESS Michael Yusnukis or Administrator/Administratrix of the Estate of Michael Yusnukis, Deceased Sworn to and subscribed before me this day of , 2006. NOTARY PUBLIC 3 E\x }/0%7R-- Jo37 • ?? A REclo ?D,EFENsE LITIGATION LAw FIRM Bethlehem ?OGGIIV town MARSHALL, DENNEHEY, WARNER} COLEMAN 8 Doylestown L-1rJ,. Brie Harr A P A O P C S S 1 O N A L C O R P O A A T 1 0 N www.[R11?Bha&knnehey.com N ewewttoown wn N Square Norristown Philadelphia Pittsburgh 4200 Cr s Mill Road, Suite B • Harrisburg, PA 17112 scranto (717) 1-3500 - Fax (717) 651-9630 Williamsport Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com July 17, 2006 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v Carlisle Productions Inc. t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: Cherry HID Roseland DUAWARA Wilmington Oxro Akron FWIUDA Pt. Lauderdale Orlando Tampa As you know, we recently settled this matter for approximately $329.95. I have not heard anything from you since we agreed to this settlement both verbally and in writing. Kindly contact me as soon as possible so we can conclude this matter. Specifically, we will need a representative of the estate of your late client to execute the release and execute the proper closing pleadings in the matter including a praecipe to mark the case settled, discontinued and ended. Please contact me so that we can discuss these issues as soon as possible. Should I not hear from you within 15 business days, I will have no alternative but to file a petition to enforce the settlement and seek attorney's fees and costs. Your attention and prompt response is appreciated. Very truly yours, M TT W VLOWENS MLO/acz \05 A\LIAB\MLOWENS\CORR\226588\ACZILLA\11012\00637 ?X Hll??? I 012-(03-1 I A REGION DEFENsE LITIGATION LAW FIRM MARSHALL, DENNEmy, WARNER, COLEMAN & GOC,GIN A P R O F E S S I O N A L C O R P O R A T I O N www.marshalldennehey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com September 21, 2006 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions, Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil - Our File No. 11012-00637 Dear Ms. Cherry: M"arr"ANIA Bethlehem Doylestown Erie Harrisburg Newtown Square Norristown Philadelphia Pittsburgh Scranton Williamsport Nttw Jwsr Cherry Hill Roseland 1DUAMARR Wilmington Omo Akron Ywam Pt. Lauderdale Orlando Tampa We settled this case a long time ago. Unfortunately, nothing has been moving forward in terms of concluding the matter. I am concerned in that the settlement may not be valid. Kindly contact me so we can discuss the proper termination of this case. Should I not hear from you within 15 business days, I plan to file a motion to enforce the settlement. I believe we need a court order which provides someone as a representative or administrator or administratrix of your late client's estate authority to execute releases and final pleadings. Kindly contact me so we can discuss these matters. Your attention is appreciated. Very truly yours, MAT H L.OWENS? MLO/acz \05_A\LIAB\MLOWENS\STAT\232533\ACZILLA\i 1012\00637 ?X N? r3? , ?--\ t EGGIION' A RR ?DEFENSE LITIGATION LAW FIRM *?????T (/? M??Q???i ? MARSI'l<Au DENNEIIEY WARNER COLGMA VOGVI ? ( ` Z LVA14IA PlINNISY Bethlehem Doylestown A P R O F E 5 5 1 0 N A L C O R P O R A T I O N www.nimhalldennehey.com Eric Brie Harrisburg King of Prussia Philadelphia Pittsburgh Scranton 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 port l (717) 651-3500 - Fax (717) 651-9630 Ni „ jam y o C city Hill sela d oseland R DwAiARB Wilmington Direct Dial: 717-651-3501 AkroOn Email: mlowens mdwcg.com b FLORIDA F L d d l e t. au er a Jacksonville Orlando Tampa December 6, 2006 VIA FAX AND REGULAR MAIL Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: A fair amount of time has passed since we last discussed this case or since I have last received correspondence from you in this matter. We settled this case a long time ago. My client is very anxious to conclude this matter. Kindly send to me all pleadings which you have filed with the Court to open an estate and to have the Court appoint an administrator to execute the Release and end this case. I need to close this matter before the end of the year. I also want to file the appropriate Petition for court approval of the compromise on this case. I believe that will be necessary in light of the recent passing of your client. Please contact me to discuss these matters as soon as possible. Your attention is appreciated. Very truly yours, MAT E .OWENS MLO/acz \05_A\LIAB\M LO W ENS\CO RR\239469\ACZI LLA\ 11012\00637 Confirmation Report- Memory Send Time 12-08-2006 17:05 Tel line : +7172321849 Name : MARSHALL DENNEHEY Job number Date To Document pages Start time End time Pages sent Status Job number 248 248 12-08 17:00 18143710936 002 12-08 17:00 12-08 17:04 002 OK *** SEND SUCCESSFUL *** D=wg=-mv_ WAIEwmac ox savuzv dZ. ; v n o .. . o n n z. o n svww.auswYaaLd sa?yeowa+ w .. . . s c P . w ., r .. o w 4200 Crams Mill Road, Suitt 8, I3arr1abur=, PA 17112 FACSIMILE TRANSMISSION SHEET Tlpa COIVIPANIis TEI.?PHONE FAX NVJMBER(Sj: Toni M_ Ch Esquire 814-371-5800 814-371-0936 ATTORNEY: MattkLaw Owens OVIR F13L,E #: 11 0 1 2-0063 7 nATT: 12/7/06 OY2IGINATORn Angola CASK: NAME: Yusnulas NClMBER OF PAGES: -A-- (Including cover page)l IF COPY Xv ZLZ_"42Z XAr OR XMIC01KPL,C1 AT p .t cE C?Z.L (7I7) 652-3500 .TAWMB')>I.•17'&X-Y FOR RETRANSMlS9lON OtTIt FAX PiT]MBER IS: (717)1 651-9630 (Tht• space m be usaq fbr 1-n or supplem0n-1 merssseaj +w+'CONF'ID>iNTIAI..ITY NOTICEM'M'w Taa doouanants soaaomp nyinp ah:• wlscopy srenamiswion oenrain inVOMMtlon flom the law fti n of M.-hall. X)-nahsy, Wsa,aar, colemon At Oo? Y1atn wialefi it eontidanalal andior lsyallY prlHlsavtl. Tha• inNrm•elon la ITaended on1Y FbT Oa ars Of tho Itldivldual or sn dy nareat0 en qai• teanrenbalon •hsea. lY you ale not ahs Inl+ngsA rsa[pisnt yov src hareby notiflsd ths<you whoulq nsitsln glom rasdln>s alts contanls oT she R17aam1aHon. steweopyins, di•nibutton she uldns of aany awden in ro14- on die eon,rna of shin r+lecopicd inflarmae{on i• •aHatly pr0hlb t•d. and that the d&=411911=09i bs rotuthed to daU mmrd/aasl Y• In this MAMrd. tf you hn rWVivW ahi• wIacopy In c, . plw noeify ..• br ulq,hons iml 41-ly so drt v n-Y -np for the - 01, i doo TO us. X? ?? i ? ? A REGIONAL r--kNSE LITIGATION LAW FIRM MAksHALL, DENNEHEY, WARNER, COLEMAN a GOGGIN A P R O F E S S I O N A L C O P. P O R A T I O N www.manimUdennehey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 112- LJ7 CufcC5 . PENNSYLVANIA Bethlehem Doylestown Erie Harrisburg King of Prussia Philadelphia Pittsburgh Scranton Williamsport Direct Dial: 717-651-3510 Email: aczilla@mdwcg.com January 23, 2007 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v Carlisle Productions Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: NEw JERSEY Cherry Hill Roseland DELARARE Wilmington Omo Akron PLOAMA Ft. Lauderdale Jacksonville Orlando Tampa You and I spoke on December 28 with reference to the opening of the estate of the Plaintiff in the above-captioned matter. You indicated that the estate was opened in Clearfield County naming the mother as the administrator. You also indicated you had a short form and promised to send a copy of the same. To date I have received nothing. I need a copy of the short form as well as something indicating an estate was opened in Clearfield County naming Plaintiffs mother as the executor. I also need a copy of the Praecipe to mark the matter dismissed, settled and ended. Should you have any questions, please do not hesitate to contact Attorney Owens or myself. Very truly , GEOFFREY S. M Y GSM/acz \OS A\LIAB\GSMCINROY\CORR\243644\ACZILLA\11012\00637 A ,. - MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Ly of August, 2007, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 U 1, 05/341837.v l MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM MOTION OF DEFENDANT CARLISLE PRODUCTIONS, INC. TO ENFORCE SETTLEMENT AND NOW, comes Defendant Carlisle Productions, Inc. t/d/b/a Carlisle Events ("the Defendants"), by and through their undersigned counsel, Marshall, Dennehey, Warner, Coleman & Goggin, who files this Motion to enforce the terms of settlement reached by and between the Plaintiff and the Defendants, and in support thereof avers as follows: 1. Plaintiff commenced this action by filing a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County on September 26, 2002. 2. On December 4, 2002, Defendants filed a Praecipe for a Rule to File a Complaint. 3. On or about January 27, 2003, Plaintiff filed a Complaint alleging negligence on the part of the Defendants. (A true and correct copy is hereby attached and marked as Exhibit 4. This matter arises from an alleged September 30, 2000 incident occurring at the Carlisle Fairgrounds, Cumberland County, Pennsylvania. (See Exhibit "A"). 1 5. Plaintiff alleges he was struck from behind by Defendants' golf cart and "sustained injuries to his left knee, calf and foot together with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental anguish and physical pain from which he still suffers and will continue to suffer for an indefinite time in the future." (See Exhibit "A", ¶¶ 8, 9, and 12). 6. On or about December 28, 2005, Plaintiffs counsel served notice of Plaintiffs death from causes unrelated to the subject accident. (Notice of Death attached hereto and marked as Exhibit "B"). 7. On March 27, 2006, Plaintiffs counsel indicated that she had been directed by the mother of the decedent Plaintiff to file a Praecipe to Mark the Case Discontinued and Ended with Prejudice with the payment of $329.95. (See Plaintiffs counsel's March 27, 2006 correspondence attached and marked as Exhibit "C"). 8. On May 1, 2006, the undersigned counsel confirmed settlement at $329.95 and enclosed a General Release for execution by a representative of the Estate. Undersigned counsel's May 1, 2006 correspondence to Plaintiffs counsel is attached hereto and marked as Exhibit "D". 9. On May 1, 2006, the undersigned counsel forwarded a Release and Settlement Agreement attached hereto and marked as Exhibit "E". 10. On July 17, 2006, the undersigned counsel reminded Plaintiffs counsel of the above-referenced settlement and reminded her of the need for a representative of the Estate of the deceased Plaintiff to execute the Release and execute the proper closing pleadings in the matter including a Praecipe to Mark the Case Settled, Discontinued and Ended. (See July 17, 2006 letter attached hereto and marked as Exhibit T") 2 i ? 11. On September 21, 2006, the undersigned counsel again reminded Plaintiffs counsel of her obligation. (See September 21, 2006 correspondence attached hereto and marked as Exhibit "G") 12. On December 6, 2006, the undersigned counsel once again reminded the Plaintiff of the settlement and the obligations of execution of the Release by a court-appointed administrator to Plaintiffs estate and necessity of filing a Petition for court approval of the compromise. (See December 6, 2006 correspondence attached hereto and marked as Exhibit "Hvf.) 13. On January 23, 2007, the associate for the undersigned counsel once again reminded Plaintiff of her obligations with respect to the above-referenced settlement. (See January 23, 2007 correspondence attached hereto and marked as Exhibit "I") WHEREFORE, for the foregoing reasons, the Defendants respectfully request that this Honorable Court enter an Order enforcing the settlement and compelling the execution of the Release attached to this Motion (Exhibit "E") and file and execute a Praecipe to Mark the Matter Settled, Discontinued and Ended. Respectfully submitted, MARSHAl,1 ;-'DENI EY, WARNER, COLEMAN & GOOGIN BY! DATE: F (P 0-7 Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for the Defendant Defendant Carlisle Productions, Inc. t/d/b/a Carlisle Events 3 ?\ X?1? I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL YUSNUKIS, Plaintiff vs. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants COMPLAINT AND NOW, comes the Plaintiff, MICHAEL YUSNUKIS, by and through his Attorneys, GLEASON, CHERRY AND CHERRY, L.L.P., and brings this action against Defendants, CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, to recover damages upon a cause of action whereof the following is a statement: 1. Plaintiff, MICHAEL YUSNUKIS, is an adult individual who resides at R. D. #1, Box 190, DuBois, Clearfield County, Pennsylvania 15801. 2. The Defendant, CARLISLE PRODUCTIONS, INC., is a Pennsylvania Corporation having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013- 1588. A r t 3. The Defendant, CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, is a Pennsylvania Corporation operating a business known as CARLISLE EVENTS for the purposes of conducting business within the Commonwealth of Pennsylvania and having a principal place of business at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 4. The Defendants, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, are adult individuals d/b/a B&C PROPERTIES, and have a business address at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 5. The events hereinafter complained of occurred on or about September 30, 2000, at or 11 about 12:00 o'clock noon upon the premises known as the Carlisle Fairgrounds, located partly ji in Carlisle Borough and partly in the Township of North Middleton in Cumberland County, Pennsylvania. 6. At all times mentioned herein, Defendants were in exclusive possession, ii management, control and maintenance of the Defendants, their agents, servants, workmen, or ?I employees, then and there engaged in Defendants' businesses and acting within the course and scope of their employment or authority. 7. At all times mentioned herein, Plaintiff was a business invitee and visitor to the Carlisle Fairgrounds for purposes of viewing the car show and events presented by Defendants at the Carlisle Fairgrounds as previously set forth. 8. On that date, Defendants owned and, by their agents, servants and employees, controlled and operated a golf cart involved in the accident hereinafter described upon the premises known as the Carlisle Fairgrounds located partly in Carlisle Borough and partly in North Middleton Township, Cumberland County, Pennsylvania. 2 r ? i 9. On that date, Defendants' golf cart was being driven on the roadway toward Gate C when it struck the Plaintiff, who was lawfully walking on said pathway among the crowd that i was progressing toward Gate C to reach the parking lot where Plaintiff's vehicle was parked. 10. As a result of being struck from behind by Defendants' golf cart, Plaintiff sustained i the injuries set forth below. 11. The accident was due solely to the negligence and carelessness of the Defendants, their agents and servants, in that: (a) Defendants' golf cart was operated in a reckless, careless and negligent manner, and at an improper and illegal rate of speed under the circumstances, in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania and the ordinances of the Borough of Carlisle and the Township of North Middleton; (b) No warning of its approach or intended direction was given; (c) It was not under the control of the operator thereof and was not equipped with proper brakes and other safety appliances; (d) It was operated without regard for the existence of pedestrians lawfully upon the roadway; (e) With the Plaintiff in full view, the golf cart was so carelessly and negligently operated that it was brought into forcible and violent contact with the Plaintiff, causing him to sustain the injuries set forth below. 12. By reason of the accident, Plaintiff sustained injuries to his left knee, calf and foot, together with a severe shock to his nerves and nervous system, by reason of which he was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental 3 11 t i anguish and physical pain from which he still suffers and will continue to suffer for an indefinite time in the future. 13. In order to effect a cure of the aforesaid injuries, Plaintiff has been compelled to I expend various large sums of money for medicine and medical attention and he will be required II to expend additional sums of money for the same purpose in the future. I' I? 14. By reason of the accident, Plaintiff has been unable to follow his usual occupation, and will be unable to do so for an indefinite time in the future, whereby he has lost the income t which would have come to him through his employment. I 15. As a result of said injuries, the Plaintiff has been and will be deprived in the future of the ordinary pleasures of life. WHEREFORE, Plaintiff claims damages from Defendants in an amount in excess of :i i; TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), together with delay damages and costs of suit. 4 Respectfully submitted, GLEASON, CHERRY AND CHERRY, L.L.P. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CLEARFIELD Personally appeared before me, a Notary Public in and for the County and State j aforesaid, MICHAEL YUSNUKIS, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Michael Yusnukis Sworn to and subscribed before me this 25th day of January, 2003. k?"" V? coullm . a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I MICHAEL YUSNUKIS, Plaintiff vs. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, j Defendants ?i No. 02 - 4650 C.D. I CERTIFICATE OF SERVICE j' I hereby certify that on this 27`h day of January, 2003, a true and correct copy of the Complaint filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: I? MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, .I Coleman & Goggin Attorneys at Law i? 4200 Crums Mill Road, Suite B I? Harrisburg, PA 17112 i? GLEASON, CHERRY AND CHERRY, L.L.P. j Am or Plaintiff Dated: January 27, 2003 ?E, A "? b) - I p ?c?cad? J0 *,3 1. 26D 3'7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION !I MICHAEL YUSNUKIS, Plaintiff vs. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants i ?I No. 02 - 4650 C.D. Type of Case: CIVIL Type of Pleading: NOTICE OF DEATH Filed on Behalf of: MICHAEL YUSNUKIS, Plaintiff Counsel of Record for this Party: TONI M. CHERRY, ESQ. Supreme Court No.: 30205 GLEASON, CHERRY AND CHERRY, L.L.P. Attorneys at Law P. O. Box 505 One North Franklin Street DuBois, PA 15801 (814) 371-5800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL YUSNUKIS, vs. i CIVIL DIVISION Plaintiff No. 02 - 4650 C.D. it CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants NOTICE OF DEATH The death of MICHAEL YUSNUKIS, a party to the above action, during the pendency of this action is noted upon the record. Respectfully submitted, GLEASON, CHERRY AND CHERRY, L.L.P. B Toni M. Che ry, Esq. One North Franklin Street P. O. Box 505 DuBois, PA 15801 Supreme Court No.: 30205 (814) 371-5800 Date: December 28, 2005 s? i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I. MICHAEL YUSNUKIS, Plaintiff vs. No. 02 - 4650 C.D. CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 28`h day of December, 2005, a true and correct copy of the Notice of Death filed on behalf of Plaintiff in the above-captioned action was served upon counsel for Defendants, MATTHEW L. OWENS, ESQ., by mailing the same to him by United States First Class Mail, postage prepaid, by depositing the same in the United States Post Office at DuBois, Pennsylvania, addressed as follows: MATTHEW L. OWENS, ESQ. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: December 28, 2005 GLEASON, CHERRY AND CHERRY, L.L.P. Ex , ?A ?6 \ c Lew OFFIcEs GLEASON, CHERRY AND CHERRY, L.L.P. P.O. Box 5o5 DUBoIS, PENNsyLVANIA 15801-0505 TONI M. CHERRY PAULA M. CHERRY EDWARD V. CHERRY 1950-1990 JAMES A. GLEASON 1946-1975 ONE NORTH FRANKLIN STREET AREA CODE 814 371-5800 FAX NUMBER (814) 371-0936 VIA FACSIMILE TRANSMISSION AS WELL AS UNITED STATES FIRST CLASS MAIL March 27, 2006 Geoffrey S. McInroy, Esq. Marshall, Dennehey, Warner, Coleman & Goggin Attorneys at Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 RE: Michael Yusnukis v. Carlisle Productions, Inc., t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02 - 4650 Civil Your File No. 11012-00637 Dear Mr. McInroy: This will confirm our telephone conversation of even date during which I advised you that the mother of the late Michael Yusnukis is willing to have the Complaint withdrawn, dismissed and ended voluntarily upon reimbursement to this office of the following expenses: Fee paid to Cumberland County Prothonotary to file Conlpiaint $ 50.50 Fee paid to Sheriff of Cumberland County to serve all Defendants $ 79.45 Fee paid to Dr. Zeliger for report $100.00 Fee paid to Dr. Ellis for report 100.00 Total $329.95 If your client is willing to reimburse this office those costs, we have been directed to immediately forward a praecipe to mark the case discontinued and ended with prejudice. Geoffrey S. McInroy, Esq. Page Two March 27, 2006 Kindly advise. Very truly yours, GLEASON, CH Y CH L.L.P. By To i M. erry mis ?xN\?1? DENNEHEY, WARNER, COLEMAN A P R O P E S S I O N A L C O R P O R A 7 1 O N A REGIONAL DFFENSE LITIGATION LAW FIRM TMr .?7 B eNNenvAtvtA Bethlehem u, Doylestown wa w.marshalldt Erie _11'y.com 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 May 1, 2006 RE: Michael Yusnukis v. Carlisle Productions, Inc. t/d/b/a Carlisle Events et al Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: Harrisburg King of Prursta Philadelphia Pittsburgh Scranton Williamsport NEW JEReeY Cherry Hill Rowland DELAWARE Wilmington Owo Akron FLORIDA Ft. Lauderdale Jacksonville Orlando Tampa This correspondence confirms that we have settled this case for $329.95. I enclose a General Release for execution by your client or a representative of the estate. You may need to edit the Release based upon the death of your client. Please telephone me to discuss before you have anyone execute the Release. I look forward to receiving the executed Release. I have requested the settlement check and, once I receive the signed Release, I will forward the settlement check to your attention. In addition, my client expects that you will file a Praecipe to Mark Case Settled, Discontinued and Ended. When you do so, please forward a time-stamped copy of the Praecipe to my office for my file. Your attention is appreciated. MLO/acz enc. Very truly yours, AMA T T HE O \05_A\LIAB\M LO WENS\CORR\219734\ACZILLA\ 11012\00637 - S-TE LEGAL 800-222-C?". ED>> RECYCLED Ex\-\ S -T RELEASE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: IU?z - U3-7 I e (Ld 1'n P THIS RELEASE AND SETTLEMENT AGREEMENT ("Release") is made and entered into by and between Michael Yusnukis or Administrator/Administratrix of the Estate of Michael Yusnukis, Deceased ("Plaintiff') and Carlisle Productions, Inc., Carlisle Productions, Inc. t/d/b/a Carlisle Events ("Defendants"). WHEREAS, the Plaintiff has presented a claim against Defendants arising out of an accident which occurred on September 30, 2000 at Carlisle Fairgrounds, Carlisle Borough/North Middleton Township, Cumberland County, Pennsylvania, as more fully described in the Complaint filed by Plaintiff in the Cumberland County Court of Common Pleas to Docket No. 02-4650 Civil Term ("the Lawsuit"), and WHEREAS, the Plaintiff and Defendants desire to settle the matters raised in the Lawsuit, together with any and all other matters pertaining to the parties named herein and the above noted incident that might have been raised, that could be raised, that could have been raised, or that might be raised in the future, and WHEREAS, all parties to the Lawsuit wish to make a full, complete, and final settlement of all those matters. NOW, THEREFORE, with the foregoing background being incorporated herein by reference and made part hereof, Plaintiff, for and in consideration of the total sum and sole consideration of Three Hundred Twenty-Nine Dollars and Ninety-Five Cents ($329.95), receipt of which is hereby acknowledged, does hereby remise, release, and forever discharge, and by these presents, does for himself, his successors, administrators, assigns, heirs and executors, remise, release, and forever discharge Defendants and their respective past, present, and future officers, directors, stockholders, insurers, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, and successors in interest and assigns, and any and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated, together with any and all other persons, firms or corporations, of and from any and all past, present, or future claims, demands, obligations, actions, causes of action, liens, rights, damages, costs, expenses, and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, and whether for compensatory or punitive damages, which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired, on account of, or in any way growing out of, or which are the subject of the Lawsuit (and all related pleadings) including, without limitation, any and all known or unknown claims for bodily and personal injuries to Plaintiff, and the consequences thereof, which have resulted or may result from the alleged negligent or intentional acts or omissions of the Defendants. This Release on the part of the Plaintiff shall be a fully binding and complete settlement between the Plaintiff, the Defendants and all parties represented by or claiming through the Plaintiff save only the executory provisions of this Release and Settlement Agreement. Each party hereto shall bear all attorney's fees and costs arising from their actions or the actions of their counsel in connection with the Complaint, this Release and Settlement Agreement and the matters and documents referred to herein and all related matters. The Plaintiff hereby acknowledges and agrees that the Release set forth hereinabove is a General Release, and he further expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but which the Plaintiff does not know of or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect, his decision to enter into this Release and Settlement Agreement. The Plaintiff further agrees that he has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact, and he fully assumes the risk that the facts or the law may be otherwise than he believes. Counsel for Plaintiff will deliver to Counsel for Defendant an executed Stipulation of Dismissal with prejudice and/or an Order to Settle, Discontinue and End with prejudice of the Lawsuit described hereinabove. The Plaintiff represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Release and Settlement Agreement; that she has the sole and exclusive right to receive the sums specified in it; and, that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Release and Settlement Agreement. The Plaintiff agrees and acknowledges that he accepts payment of the sums specified in this Release and Settlement Agreement as a full and complete compromise of matters involving disputed issues; that neither payment of the sums by the Defendants nor the negotiations for this settlement (including all statements, admissions or communications) by the Defendants, or their attorneys or representatives shall be considered admissions by any of the said parties; and that no past or present wrongdoing on the part of the Defendants shall be implied by such payment or negotiations. Plaintiff agrees to indemnify and hold harmless the Defendants from any and all claims or liens presently existing against the Plaintiff on the settlement fund herein by any person, entity, or corporation. This Release and Settlement Agreement contains the entire agreement between the Plaintiff and the Defendant with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. There are no other understandings or agreements, verbal or otherwise, in relation thereto, between the Plaintiff and Defendant. In entering into this Release and Settlement Agreement, the Plaintiff represents that she has relied upon the legal advice of his attorney, Toni Cherry, Esquire, who is the attorney of his own choice, and that the terms of this Release and Settlement Agreement have been completely read 2 and explained to him by his attorney, and that those terms are fully understood and voluntarily accepted by him. The parties hereto enter into this Release and Settlement Agreement in the Commonwealth of Pennsylvania, and said document shall be construed and interpreted in accordance with its laws. Plaintiff, intending to be legally bound by the terms of this Release and Settlement Agreement hereunto, sets her hand and seal this day of 32006. CAUTION: READ BEFORE SIGNING. THIS IS A RELEASE. WITNESS Sworn to and subscribed before me this day of , 2006. NOTARY PUBLIC Michael Yusnukis or AdministratorlAdministratrix of the Estate of Michael Yusnukis, Deceased 3 E, ?Y, A RrGIO D,rrrNsr LITicATION LAW FIRM Bethlehem MARSHALL, DENNEHEY, WARNER, COLEMAN GOGGIN Doylestown IA =? Doylestown A P it o P E S S 1 o N A L C o a v o a A T 1 o N www.marshAdennehey.com Harrisburg Eric Newtown Square Norristown Philadelphia 4200 Cr s Mill Road, Suite B • Harrisburg, PA 1711Philadelphia Pittsburgh ton nn Williamsport (717) 1-3500 • Fax (717) 651-9630 Scranton Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com July 17, 2006 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: Nmr J.surr Cherry Hill Roseland DtrawwAnz Wilmington ONIo Akron ftolu w Pt. lauderdale Orlando Tampa As you know, we recently settled this matter for approximately $329.95. I have not heard anything from you since we agreed to this settlement both verbally and in writing. Kindly contact me as soon as possible so we can conclude this matter. Specifically, we will need a representative of the estate of your late client to execute the release and execute the proper closing pleadings in the matter including a praecipe to mark the case settled, discontinued and ended. Please contact me so that we can discuss these issues as soon as possible. Should I not hear from you within 15 business days, I will have no alternative but to file a petition to enforce the settlement and seek attorney's fees and costs. Your attention and prompt response is appreciated. Very truly yours, MATT VW L. VOWUNS MLO/acz \05_A\LIAB\MLOWENS\CORR\226588WCZILLA\I 1012\00637 ?xH? ? ?? A REGION DEFENSE LITIGATION LAw FIRM Bethlehem MARSHALL, DENNEHEY, WARNER, COLEMAN c? GOGGIIN ?mr?u Doylestown Eric A P R O F E S $ 1 0 N A L C O R F O R A T 1 0 N www.marshalidennehey.com Harrisburg Newtown Square Norristown Philadelphia 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 Pittsburgh utto iamsport (717) 651-3500 • Fax (717) 651-9630 WsrRamWilliamsport Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com September 21, 2006 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions, Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: Ncw Jauer Cherry HUI Roseland DELAWARE Wilmington ORto Akron FLORMA Pt. Lauderdale Orlando Tampa We settled this case a long time ago. Unfortunately, nothing has been moving forward in terms of concluding the matter. I am concerned in that the settlement may not be valid. Kindly contact me so we can discuss the proper termination of this case. Should I not hear from you within 15 business days, I plan to file a motion to enforce the settlement. I believe we need a court order which provides someone as a representative or administrator or administratrix of your late client's estate authority to execute releases and final pleadings. Kindly contact me so we can discuss these matters. Your attention is appreciated. Very truly yours, MAT H L.OWENS MLO/acz \05 A\LIAB\MLOWENS\STAT\232533\ACZILLA\11012\00637 ?x?? ??? ?-1 r A REGION' P IEFENSE LITIGATION (_AW FIRM WARNER, COLEMAN DENNEHEY MARSHALL PENNSYLVANIA Eethkhem Doylestown , , t v I Erie A P R O R E 5 5 1 0 N A L C O R P O R A T I O N www.marshaU&nnehey.com Harrisburg King of Prussia Philadelphia Pittsburgh $cnnton 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 NEIWt ERSEY (717) 651-3500 - Fax (717) 651-9630 J Cherry Hill Rosebud DELAWARE Wilmington Direct Dial: 717-651-3501 OHIO Akron Email: mlowens@mdwcg.com PLORMA pt. Lauderdale f acksonvillc Orlando TTsmpa December 6, 2006 VIA FAX AND REGULAR MAIL Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 RE: Michael Yusnukis v. Carlisle Productions, Inc. t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: A fair amount of time has passed since we last discussed this case or since I have last received correspondence from you in this matter. We settled this case a long time ago. My client is very anxious to conclude this matter. Kindly send to me all pleadings which you have filed with the Court to open an estate and to have the Court appoint an administrator to execute the Release and end this case. I need to close this matter before the end of the year. I also want to file the appropriate Petition for court approval of the compromise on this case. I believe that will be necessary in light of the recent passing of your client. Please contact me to discuss these matters as soon as possible. Your attention is appreciated. Ver truly yours, MAT HE OWENS MLO/acz \OS A\L1AB\MLOWENS\CORR\239469\ACZILLA\I 1012\00637 i Confirmation Report- Memory Send Time 12-08-2006 17:05 Tel line : +7172321849 Name MARSHALL DENNEHEY Job number 248 Date 12-08 17:00 To 18143710936 Document pages 002 Start time 12-08 17:00 End time 12-08 17:04 Pages sent 002 Status OK Job number 248 *** SEND SUCCESSFUL *** EMU D7EIVNF?3EY WAANFkK GoT_ M•N 4CVC30: (: N 4200 Cruets Mill Rosd, Suite 8, Harrisburg, PA 17112 FaCSIMILE TRANSMISSION SHEET TO. COMPANY: TELEPHONE FAX NUMBER(S): Toro M_ Ch Es uire 814-371-5800 814371-0936 ATTORNEY: Matthew Owens OUR FILE t/c 1 1 0 12-00637 DATE: 12/7/06 ORIGINATORa Angola CASE NAME: Yusnukis Ni11VMER OF PAGES:'7? (including cover page) IF' COPY IS ILLEOIBZE OR INCOMPLETE PZEA.SE C.9LL (7Z 7) 651-3500IAIAKf2TI IATELYFOR RBTR fNSMISSION OUR FAX NUMBER IS: (717) 6S1-9630 (rhls specc .o bo ..ced mr short -upplcmcntal me. opas) """`'CONFIDENTIALITY NOTICE"?"??'" The documents aooomp.nylnQ hj• telscopy t»nwm/•wj on oontain informotlon trom the law Orin of Marshall, I7ennehey. WameT. Coltman dt 1'AoQQIn Wh1ch 4• onflden.l of and/or legally pr1.-11oQed. Thi• inform•tlon 1• Inrcn deJ only Ebr d.e use of'tfie Indtvldu.l or cn city named on thin trans mfsslort sheet. Iryou a» not M+ In l?no?d twcpl?... You arc herobv notified that You whould rcfTsln [Fom rcadjnQ the conccnts of the c»n•ml ..hat .ny dlsclo•u copyjnit, distribution r dte mk(ng o/'any ae cion : roU.noe o . o f celo 4 inferm js st1f, .. prohlhj d, nd th.. hat I 6--it should d -be rotumed thb PI 1 d/stel y, In this -B-4. If you u h.- r.o.lved thi. s tolecopy pY /n em r, p1. is- ses notice by telephone .meted/s.olY so du..ve may .rrnie f th he »tum o1 Ih! on Qin al dtuumeny to us. x -\\)s q T A REGIONAL r-`IFNsE LITIGATION LAW FIRM MARSHALL, DENNEHEY, WARNER, COLEMAN c; GOGGIN A P R O F E S S I O N A L C O R P O R A T I O N www.marshuRdennehey.com 4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Direct Dial: 717-651-3510 Email: aczilla@mdwcg.com January 23, 2007 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 1 PENNSYLVANIA Bethlehem Doylestown Eric I ? v Harrisburg King of Prusssa Philadelphia ,/ L ( ^ ) ? Pittsburgh Scranton V 4 C / Williamsport NEa JERSEY Chcrry Hill Roseland Dm ARARE Wilmington OHIO Akron FLORIDA Ft. Lmderdale Jacksonville Orlando Tampa RE: Michael Yusnukis v Carlisle Productions Inc. t/d/b/a Carlisle Events, et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: You and I spoke on December 28 with reference to the opening of the estate of the Plaintiff in the above-captioned matter. You indicated that the estate was opened in Clearfield County naming the mother as the administrator. You also indicated you had a short form and promised to send a copy of the same. To date I have received nothing. I need a copy of the short form as well as something indicating an estate was opened in Clearfield County naming Plaintiffs mother as the executor. I also need a copy of the Praecipe to mark the matter dismissed, settled and ended. Should you have any questions, please do not hesitate to contact Attorney Owens or myself. Very truly , C/ GEOFFREY S. M Y GSM/acz \05A\LIAB\GSMCINROY\CORR\243644\ACZILLA\11012\00637 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman '& Goggin, do hereby certify that on this 5 Nay of August, 2007, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 n '? ?' c? _ - ;-? ...., ? ..... ,? f=' - . - ti ?-- } ;i _ . r?? ? '? ? c ?, MICHAEL YUSNUKIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CARLISLE PRODUCTIONS, INC., : CARLISLE PRODUCTIONS, INC., : t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR., and ELLIOTT S. MILLER, d/b/a B & C PROPERTIES, Defendants CIVIL ACTION - LAW NO. 02-4650 CIVIL IN RE: DEFENDANTS' MOTION TO ENFORCE SETTLEMENT ORDER AND NOW, this Z P"' day of August, 2007, a rule is issued on the plaintiff to show cause why the relief requested in the motion to enforce settlement ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 4,?k Hess, J. Toni M. Cherry, Esquire For the Plaintiff Matthew Owens, Esquire Geoffrey S. McInroy, Esquire For the Defendants :rlm O S :0114V H ou LOOZ MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM MOTION OF DEFENDANT CARLISLE PRODUCTIONS. INC. TO MAKE RULE ABSOLUTE AND GRANTING DEFENDANT'S MOTION TO ENFORCE SETTLEMENT AND NOW, comes Defendant Carlisle Productions, Inc., et al., by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and Matthew L. Owens, Esquire, and makes this Motion to make the Court's Rule absolute and in support thereof avers as follows: On August 22, 2007, the undersigned counsel filed a Motion to Enforce Settlement of the above-captioned matter. 2. On August 28, 2007, this Honorable Court issued a Rule on the Plaintiff to show cause why the relief requested in the above-referenced Motion to Enforce Settlement ought not to be granted. (A true and correct copy of the Court's August 28, 2007 Order is attached hereto and marked as Exhibit "A") 3. According to the Court's Rule, the Plaintiff had 20 days after service of the August 28, 2007 Order in which to respond. (See Exhibit "A") 4. According to the Court's August 31, 2007 Order, the Plaintiffs attorney (Toni M. Cherry, Esquire) was issued a carbon copy of the Court's Order mailed on August 29, 2007, following filing with the Prothonotary. After no response was received by the undersigned counsel, the undersigned counsel sent another copy of the Court's Order to Plaintiffs counsel at the address on file (A true and correct copy of the October 29, 2007 letter is attached hereto and marked as Exhibit "B"). 6. The Plaintiff has not responded to show cause why the relief requested in the Motion to Enforce Settlement should not be granted in at least 20 days after service of the same on the Plaintiff. 7. Despite agreeing to do so, the Plaintiff has done nothing to show cause why the settlement (Attached as Exhibit "C") should not be enforced. WHEREFORE, for the foregoing reasons, the Defendant respectfully requests that this Honorable Court enter an Order enforcing settlement and compelling the execution of the Release attached to the Motion and marked as Exhibit "C" and file and execute a Praecipe to mark the matter settled, discontinued and ended. Furthermore, the Plaintiffs above captioned civil action will be dismissed with prejudice if the Plaintiff fails to comply with this Court Order and the Defendants make an appropriate Motion for Sanctions. Respectfully submitted, BY: oarE zIZZ?08 MARSHALL, DENNEHEY WARNER, COLEMAN & GOGGID? Matthew L. Ova I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for the Defendant Defendant Carlisle Productions, Inc. t/d/b/a Carlisle Events 2 Ex h?b? t ? MICHAEL YUSNUKIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4650 CIVIL CARLISLE PRODUCTIONS, INC., : CARLISLE PRODUCTIONS, INC., : t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR., and ELLIOTT S. MILLER, d/b/a B & C PROPERTIES, Defendants AU G 3 l 2007 I1 a 12' 63-7 j N eaL)S u? IN RE: DEFENDANTS' MOTION TO ENFORCE SETTLEMENT ORDER AND NOW, this Z day of August, 2007, a rule is issued on the plaintiff to show cause why the relief requested in the motion to enforce settlement ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Toni M. Cherry, Esquire For the Plaintiff Matthew Owens, Esquire Geoffrey S. McInroy, Esquire For the Defendants :rlm TRW CM FROM RGO a Tedw" whereof, I h" UAW Mt My he W ft I a13iW w d Culfae, Pa. ?elAen?r±r ., ,b??- ? ?x? A RE(,-IONA ;,)EFENsE Lifl(;AIION LAW FIRM MARSHALL, DENNEHEY, WARNER, COLEMAN 8 GOGGIN A P A 0 F E 5 S l O N A L C; O R P O N A T 1 O N www.marshaUdennehey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mlowens@mdwcg.com October 29, 2007 Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 1'ENN1 YLVANIA I?Ctl11C11[III L)ttyle3tnwit E f1e Fiarrisbu[g King of Prussia Philadelphia Pittsburgh Scranton Williamsport New jmsev Cherry Hill lkowland DeLAWARe Wilmington Oluo Akron FLORIDA Ft. Lauderdale Jacksonville Orlando Tampa RE: Michael Yusnukis v Carlisle Productions Inc. t/d/b/a Carlisle Events et al. Cumberland County CCP, No. 02-4650 Civil Our File No. 11012-00637 Dear Ms. Cherry: Enclosed please find Judge Hess's court order regarding rule to show cause why this matters should not be dismissed. Please respond accordingly. Your attention is appreciated. Very truly yours, /MATTHEW L. OWENS MLO/acz enc. r?, x ?,6v RELEASE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: IU?Z-(_a 3.7 god-n)5 THIS RELEASE AND SETTLEMENT AGREEMENT ("Release") is made and entered into by and between Michael Yusnukis or Administrator/Administratrix of the Estate of Michael Yusnukis, Deceased ("Plaintiff') and Carlisle Productions, Inc., Carlisle Productions, Inc. t/d/b/a Carlisle Events ("Defendants"). WHEREAS, the Plaintiff has presented a claim against Defendants arising out of an accident which occurred on September 30, 2000 at Carlisle Fairgrounds, Carlisle Borough/North Middleton Township, Cumberland County, Pennsylvania, as more fully described in the Complaint filed by Plaintiff in the Cumberland County Court of Common Pleas to Docket No. 02-4650 Civil Term ("the Lawsuit"), and WHEREAS, the Plaintiff and Defendants desire to settle the matters raised in the Lawsuit, together with any and all other matters pertaining to the parties named herein and the above noted incident that might have been raised, that could be raised, that could have been raised, or that might be raised in the future, and WHEREAS, all parties to the Lawsuit wish to make a full, complete, and final settlement of all those matters. NOW, THEREFORE, with the foregoing background being incorporated herein by reference and made part hereof, Plaintiff, for and in consideration of the total sum and sole consideration of Three Hundred Twenty-Nine Dollars and Ninety-Five Cents ($329.95), receipt of which is hereby acknowledged, does hereby remise, release, and forever discharge, and by these presents, does for himself, his successors, administrators, assigns, heirs and executors, remise, release, and forever discharge Defendants and their respective past, present, and future officers, directors, stockholders, insurers, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, and successors in interest and assigns, and any and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated, together with any and all other persons, firms or corporations, of and from any and all past, present, or future claims, demands, obligations, actions, causes of action, liens, rights, damages, costs, expenses, and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, and whether for compensatory or punitive damages, which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired, on account of, or in any way growing out of, or which are the subject of the Lawsuit (and all related pleadings) including, without limitation, any and all known or unknown claims for bodily and personal injuries to Plaintiff, and the consequences thereof, which have resulted or may result from the alleged negligent or intentional acts or omissions of the Defendants. This Release on the part of the Plaintiff shall be a fully binding and complete settlement between the Plaintiff, the Defendants and all parties represented by or claiming through the Plaintiff save only the executory provisions of this Release and Settlement Agreement. .r . Each party hereto shall bear all attorney's fees and costs arising from their actions or the actions of their counsel in connection with the Complaint, this Release and Settlement Agreement and the matters and documents referred to herein and all related matters. The Plaintiff hereby acknowledges and agrees that the Release set forth hereinabove is a General Release, and he further expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but which the Plaintiff does not know of or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect, his decision to enter into this Release and Settlement Agreement. The Plaintiff further agrees that he has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact, and he fully assumes the risk that the facts or the law may be otherwise than he believes. Counsel for Plaintiff will deliver to Counsel for Defendant an executed Stipulation of Dismissal with prejudice and/or an Order to Settle, Discontinue and End with prejudice of the Lawsuit described hereinabove. The Plaintiff represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Release and Settlement Agreement; that she has the sole and exclusive right to receive the sums specified in it; and, that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Release and Settlement Agreement. The Plaintiff agrees and acknowledges that he accepts payment of the sums specified in this Release and Settlement Agreement as a full and complete compromise of matters involving disputed issues; that neither payment of the sums by the Defendants nor the negotiations for this settlement (including all statements, admissions or communications) by the Defendants, or their attorneys or representatives shall be considered admissions by any of the said parties; and that no past or present wrongdoing on the part of the Defendants shall be implied by such payment or negotiations. Plaintiff agrees to indemnify and hold harmless the Defendants from any and all claims or liens presently existing against the Plaintiff on the settlement fund herein by any person, entity, or corporation. This Release and Settlement Agreement contains the entire agreement between the Plaintiff and the Defendant with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. There are no other understandings or agreements, verbal or otherwise, in relation thereto, between the Plaintiff and Defendant. In entering into this Release and Settlement Agreement, the Plaintiff represents that she has relied upon the legal advice of his attorney, Toni Cherry, Esquire, who is the attorney of his own choice, and that the terms of this Release and Settlement Agreement have been completely read 2 . i and explained to him by his attorney, and that those terms are fully understood and voluntarily accepted by him. The parties hereto enter into this Release and Settlement Agreement in the Commonwealth of Pennsylvania, and said document shall be construed and interpreted in accordance with its laws. Plaintiff, intending to be legally bound by the terms of this Release and Settlement Agreement hereunto, sets her hand and seal this day of , 2006. CAUTION: READ BEFORE SIGNING. THIS IS A RELEASE. WITNESS Sworn to and subscribed before me this day of .2006. NOTARY PUBLIC Michael Yusnukis or Administrator/Administratrix of the Estate of Michael Yusnukis, Deceased 3 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 2INay of February, 2008, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 ? ra -C* MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants FEB 87 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM IN RE: DEFENDANTS' MOTION TO ENFORCE SETTLEMENT ORDER AND NOW, this 2&h day of February, 2008, with respect to the Defendants' Motion to Enforce Settlement, it is hereby deemed unopposed and the relief requested is hereby GRANTED. As such, the Plaintiff is hereby ORDERED to execute and file the Release and Settlement Agreement attached to the Motion of the Defendant to Enforce Settlement (Exhibit "E") and to file a Praecipe to mark the matter settled, discontinued and ended. If the Plaintiff fails to do the same within twenty (20) days of service of this Order, this Court will entertain a Motion for Sanctions, to include outright dismissal of this matter with prejudice. cc: Toni Cherry, Esquire - One North Franklin Street, P.O. Box 505, DuBois, PA 15801 ?Matthew Owens, Esquire - 4200 Crums Mill Rd., Harrisburg, PA 17112 0D i is M;? c L? ?, Q lxalo 0 BY THE COURT: I s ,? c ---4- :7, Hi -'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT)(, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL YUSNUKIS, Plaintiff vs. No. 02-4650 CIVIL TERM CARLISLE PRODUCTIONS, INC.; CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS; WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants PRAECIPE TO CURT LONG, PROTHONOTARY Dear Sir: Kindly mark the above-captioned case settled, discontinued and ended with prejudice. Respectfully submitted, GLEASON, CHERRY AND 'CHERRY, L.L.P. By Toni M. Chlrry, Esq. One NortWFranklin? Street P. O. Box 505 DuBois, PA 15801 Supreme Court No., 30205 (814) 371-5800 Date: March 12, 2008 % 16 MICHAEL YUSNUKIS, Plaintiff V. CARLISLE PRODUCTIONS, INC., CARLISLE PRODUCTIONS, INC., t/d/b/a CARLISLE EVENTS, WILLIAM M. MILLER, JR. and ELLIOTT S. MILLER, d/b/a B&C PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-4650 CIVIL TERM CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this r ?4 day of September, 2008, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Toni M. Cherry, Esquire One North Franklin Street P.O. Box 505 DuBois, PA 15801 v C? yY VVV ?