Loading...
HomeMy WebLinkAbout00-01059 ,.. .. JOHN F. AMICUCCI, Plaintiff, v. ALLEN R. BENSON and DONNA K. BENSON, his wife, Defendants. TO THE PROTHONOTARY: '-"-- .. ",-'~~ ..-- ~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~NO. oZtro-o- f067' ~ : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE Please issue a Writ of Summons against the above-named Defendants at the following addresses: Allen R. Benson 261 Valley Road Etters, PA 17319 Date: r1/~!J./;() I ( Donna K. Benson 261 Valley Road Etters,PA 17319 Respectfully submitted, r, Hershey & Tully , c d Wagner, Esquire J.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Plaintiff .,............ ~......~. ,~~~' ' "~~~~Jlf.~1I ./t) ~~ ~ -..... '" ~ -- - o ~ ~ GJ --- 1:: _oIiIW ~\. ~ ~J ~ ~ lid" o ~; -at:::; q:JU' ~ ~~~~, ~~C 5~S:.~' s>~,. -< (::} (.::J -" j-,~'j :;:0 f"...) <:oj, '.~ '" .~ D DtilJiIl '. .. .. ~ r~, -'J'l -;: ~,~--' ~r ,,;~., =< J ~~~\!!: ..' - Commonwealth of Pennsylvania County of Cumberland Court of Common Pleas I I I [ , i ! i I I I i John F. Amicucci VB. 2000-1059 Civil Term No. ___ ___ _ ___ _ _ _____ ____ _____ _ __ _ __ _ _ _ __---19 ___" Civil Action - Law In _______ __ __ ____ ____ _________________________.. Allen R. Benson Donna K. Benson 261 Valley Road Etters PA 17319 To ___ _ _ _IIsl, J-~!) __~_.__9__I}!l__!l.Q!)!!.~__~ -"_ _!!.~g,~9 n You are hereby notified that John F. Amicucci --------------------------------------------------------------------------------------------------.- Summons - Civil Action - Law the Plaintiff haS commenced an action in _________________________n____________________________.. against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Date _____I!:~~!'~~!..y__~~_!.__~Q_~Q_ B'd~~-- '" ,.f,~", .,. ',~',~ Uai.... '---' 0 ,.. ..,."c' ~'" ,.~ O' ... - ~ 8 ~ ~~! ("l 0> Co< 1-" Of-' 0 '" < ::s f-' ::r 0 1-" ::s (I) ::s 0 -.J w'tl f-' III ::s 0 ;;~~l; i "'l 0 > ~::c I t~ ~ . () . . f-' >, rT ~ 0 ::1:, 1-" I;ljl;lj ~ U1 0' 0 (I) (I) 1-" J'" 81 ~Sl~ I ::s ::s ::s () I ~l en en ~ l("l I ~~f ~ 00. () I 1-" I .... ::s 0 () 1< I t"' 1:1 ::s 1-" I 1-" , , III If-' I :( III I I I I f-' . It> ::s , 0 0. - , <D , $~ I , I , I , I F< !l 0" ~ ,I , """'" . ~ r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMICUCCI JOHN F VS BENSON ALLEN R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BENSON ALLEN R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS 21st , 2000 , this office was in receipt of the On March attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK COUNTY 18.00 9.00 10.00 49.45 .00 86.45 03/21/2000 MANCKE, WAGNER, ~~ R. Thomas Kline Sheriff of Cumberland County HERSHEY, TULLY Sworn and subscribed to before me this t~ day ~ .3....01J"0 A . D . (\ -. Q. ~. ~ '" O~rbthonotary . ~ '5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMICUCCI JOHN F VS BENSON ALLEN R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BENSON DONNA K but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS 21st , 2000 , this office was in receipt of the On March attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/21/2000 MANCKE, WAGNER, ~~.~~. - ~~ R. Thomas Kline Sheriff of Cumberland County HERSHEY, TULLY Sworn and subscribed to before me this r... /6' day o~ ..z.~ A.D. C ... '" Q'1VLdP. ~ - 1 prothonotary~ .. L ~ ....1.'..... "_____'.."'_...""___'~iJtll'W~I'f!!!'"l r l~tllilof _/;.,l I'__~__~' JL b,J (1 of 2) OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 ~~ '-', I ,. , i i i i i COUNTY OF YORK 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 2. 4. TYPE OF WRIT OR COMPLAINT Writ of Sum mons 1. PLAINTIFF/SI Allen R. Benson, et. al. SERVE { 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD. . Allen R. Benson 6. ADDRESS (STREET OR RFD WITH eox NUMBER. APT NO.. CITY, BORO. 1WP., STATE AND ZIP CODE AT 261 Valley Road, Etters, PA 17319 7. INDICATE SERVICE: Q PERSONAL Q PERSON'N CHARGE ~ DEPUTIZE Q 1ST CLASS MAIL NOW L. 19 _ I, SHERIFF OF l<<3JIII{COUNTY, PA _~_~.,_ _. York COUNTY to execu . to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRLJCTIONS OR OTHER INFORMATION 'THAT WILL ASSIST IN EXPEDITING SERVICE: Ii I: Cum~lap.d:; OUT OF COUNTY (Iii '~' ~ ;~] ,,",..-; CUMBERLAND ~~, -" I I' i~ --0 ==3 (;") ADVANCE FEE PAID BY CUMBERIJIND COUNTY ...,. --'.. 1-'" r-,:~ J--' _/;.......") ,,,-' 10. TELEPHONE NUMBER 11. DATE FILED ~ , I l I i I I r 3/26/00 OTHER ( ) SEE REMARKS 22. REMARKS: + 42. day of March 13th 44. Signature of De . Sheriff }fi:2000 45.Signalure of York County Shenff William M. Hose 46. Signature of Foreign Coun Sheriff N SIGNATURE 47.~e 48_0a, 41. AFFIRMED and subscribed to before me'this 43. ~ 3/13/00 49. Date 51. Date Received 4. BLUE - Sheriff's Office (1 of 2) COUNTY OF YORK OFFICE OFTHE:~SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 " " 2.COURTN 20-1059 4. TYPE OF WRIT OR COMP"LAINT Writ of Sum mons SijERIFFSERVICE PROCESS RECEIPT, an!! AFFIDAVIT OF RETURN 1. PLAINTIFF/Sf 3. DEFENDANT/Sf Allen R. Benson, et. al. SERVE { 5. NAME OF INOIVIDliAL, COMPA,NY. CORPORATIOi'l\ET~,;:9S,,~R~E ORi8E2CRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. .. 6. :O~;E;~(S~~ET ~:~F~ ~~H BOX NUMBER, AP;:~~~%>: ,.' ~~ ':,);;-STATE Ai'lD' ZIP CODE AT 261 Valley Road, Etters, PA 17319 S"Ji/~'I^' 7. INDICATE SERVICE:. iJ PERSONAL [J PERSON IN CHARGE ~DEP I~E . to . [J 1ST LAsSMAIL [J POSTED [J OTHER NOWc<: "' ' . , ',I~lll"I;<SHj;RI~OF'~OD!'lTY,....,'dt>~r'_Yd~tiZl!,.theSheriffi,'oL o.r.k ... \ c' Ie.. l,~ . ,..dlOUNU,~oie1<ecute thlS.Wflt and..m4ke.return thllreot.accardmg. o W. T ,$ epuilifionb8iilgmadea(tlieiiiquesiiOii $k~th..irilain'iff."" ", "'., . . c........ . " ",' , '. V SHERIFF OF HJ{}fO.UNTY 8. SPECIAL INstR:UCTI~NS_ OR OTHER INFORMATION THAT WILL ASSIST:IN EXPEDITING S~VICE: "' - , "") C umb!?.;Cl and OUT OF COONTY CUMBERLAND ADVANCE FEE PAID BY CUMBERLANP COONTY ~OTE ONLY AI:'PUCABLE ON WRIT ~OF EXECUTION: N.H. WAIYER .oF WATCHMAN ~ Any deputy shet.iff levying upon or attaching any property unci~r within writ may leave i same without a watch~an, in custody of whomever,.is found in pO,ssession, after nC!tifying person of levy or attachment, without liability on the part of su:ct;cdeputy ontla ,sheriff to any I : plaintiff here:in for any, 10$s,- destruction,:or remQvaf.gf ~ny property before sheriffs sale thereof. ' - , 9: 1'JeNAI\!E'l\lID'l\IiQaellll'IATtO.l!~EY/ORIGINATORand.SIGNArURe' 10. TELEP.HGNE NUMBER' . 11. tlATEFILED . Illcnara. wagper ,Esq. 2233 N. li'~ntSt. ,llan-isb ,P.ll. 17110 7171 234-7051 2.25 '00 12. SE",n:NOTJC;.~:OF 'SE~ICE CbPY'TO"NAM.!!' AND AODRESS:BE.tOW: (This area' 'must be completed If notice is to, be mailed). . ':I '\1 / /,,; .,- ( '. CJ1 :t:(~ ~3/;k osts 33. Cost Due or Refund .. 44. Signature of De. heriff 45. Signa.ture of York County Sheriff William.lll< Hose 46. Signature of Foreign Sheriff - 47. 4S.Da ~J t2/1J~ 13/00 49_ Date 51. Date Received 4. BLUE - Sheriff's Office 1 ~,-~ ~~- __'J___ li.. " d~_"I.i. l"tfJW)l:Ftl:;. . COUNTY OF YORK (2 of 2) OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 c. [ i I f [, i i I I: l f 28 EAST MARKET ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 2. COURT NUMBER 20 -1 0 5 9 C i vii 4. TYPE OF WRIT OR COMPLAINT Writ of Summons 1. PLAINTIFF/Sf John F. Amicucci 3. DEFENDANT/Sf SERVE . AT Allen { R. Benson, et. al. 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. Donna K. Benson 6.2AD6D1RESS (STREET OR RFD WITH BOX NUMBER. APT NO.. CITY. BORO. TWP.. STATE AND ZIP CODE Valley Road. Etters, PA 17319 'i' 7. INDICATE SERVICE, CJ PERSONAL Cl PERSON IN CHARGE DEPUTIZE NOW 2/29/00 19_I,SHERIFFOF:1O/!RKCOU York COUNTY to exe _, , L _ _ to law. This deputation being made at the request and risk of the plaintiff. s. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: POSTED 0 OTHER; e shefflt of ~T! f accOI'd,iny_ l I ~ I I i ,. , I , i OUT OF COUNTY CUMBERIJIND TV ~ Cumb~arfill; ;; ;"' .<,. -.' (;') -g );i"'" -0 r-> r-<; NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property unaef? within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TY~E; ,NAME AND AD,DRESS of ATlORNE'y/ORIG1NATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED P. Richard Wagner, Esq. 12. SEND NOTICE OF SERVICE copy TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed). Cumberland County 13. r acknowledge receipt of the writ or complaint as indicated above. J. Lu ig RESIDENCE POSTED ( POEt ) 3/1/00 SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 16. HOW SERVED, PERSONAL ( 17.01 hereby certify and return a 0 FOUND because I am unable to locate the individual, company, corporation, etc, named above. 18. NAME AND TITLE OF INDIVIDUAL SERVEDl LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) ~ J . Date Time Miles Int. V? /I,J& ~ 1I,i/1l 22. REMARKS: m s .1ft MY COMMISSI N EXPIRES 50.1 ACKNOWLEOGE REC-EIPT.OF THE SHERIFF'S RE OF AUTHORIZED ISSUING AUT~ORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK.: .Att~~ey 3. CANARY - Sheriffs Office 13th 44. Signature of De . Sheriff 00 45. Signature of Yo County Sheriff William M. Hose 48. Oat 41. AFFIRMED and subscribed to before me this 42. day of 43. 3/13/00 46. Signature of Foreign Coun Sheriff RN SIGNATURE 49. Date 51. Date Received 4. BLUE ~ Sheriffs Office COUNTY OF YORK \ t! ~" . !i ~2 of: 2) OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST.. YORK, PA 17401 SHERIFF SERVICE PROCESS' RECEIPT, and AI=FIDAVIT OF RETURN 2. COURT NUMBER 4. TYPE OF WAIT OR COMPLAINT 1. PLAINTlFF/S/ JOftD. F Ii ,l:trru '-. 'i.1.C(:.'1.. 3. OEFENDANT/S/ Allen R~ Be~5an, et~ 3] 0?'cit ;)f Summons SERVE . AT { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. Donn,:: K.. Benson 6)ADDRE,SSJSTREET OR RFD WITH BPi< ~UM~~R, AP): ~O" CITY, ~ORO, TWP.. STATE AND ZIP CODE _0.1 Jat~.9Y Road..! Ec,--<er,~: !."t"-i 17'119 7.INDICATESERVI,~E: pPERSONAI,. CI~ERSONINCHARGE: -aOEPUTIZEC'1 01STCLASSMAIL ," ,OPOSTED a OTHER . NOW' . . "'0.' -, OO!. '.i "" 19 ~ IjSHERIFF.QFl<<iOI1Il[,'cdUNTV.,PA,.do.hereby depLltliiilhe..heri'Clf ~;~)t6i"~'fli~~~~ajiCl~ lieingriuide;at the "':'quesianci riskoj~~~~!;';,{lWl(~Cl!!~!l!jS ~'il as:~:~~~::et;!~~::::~CC:Prd",!l 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION TH~T WILL ASSIST IN EXPEDITING SERVICE: (' urn b e :!_ and OUT OF COUNTY CUMBERLi<:t'lD NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -,Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE.t.:IAME AND 'ADD~ES~ of ATTORNEY/ORIGINATOR and SIGNATURE ' 10. TELEPHONE NUMBER 11. DATE FILED p, ?.ichard Wagner, Esq. . 12-. SEND'NOTIC~:Of,'SERVICE COPY TO NAME' AND ADQRESS,BELOW: (This area must be 'completed if notice is to be mailed). 13. I acknOWledge receipt efthe writ or complaint as indicated abov~. '~);)JI!-lli!)J;i!l-J~~ 'I1iQl'iU:;"t:.r1!J~:~[:::~llfi;;B~ SIGNATURE OF AUTHORIZED CLERK 14. Date Received J" Lud,wi.j' 3;' 1/00 RESIDENCE SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 22. REMARKS: . I.~ Oi' 40: Cost Due or e urid "" 13tl"1 44 S' f 41. AFFIRMED and subscribed ,to 'before: mefthis . Ignature 0 >4' De . Sheriff Maren 45. Signatllre' of Y, 42. day of r1/l t,', ' "'/' "...- ~,,'~ County Sheriff 43. }, }/L::.:.-J/ .,'J!i,;c'., "'"_', .:;:....).~ '" t~'i J 1i am i~t Hose '/ -' ...,' Prothonot~~lNotaly Pub!"' . 46, Signature of Foreign MY COMMISsfClN EXPIRES' ,. '9:....... '"!"6: COun Sheriff 50. I ACKNOWLEDGE REC~IPT OF THE SHERIFF$ RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITYAND TITLE 10; WHITE _ Issuing Authority 2. .PINK_ - ~tto~ney' 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office /'''..) c " ,,V..{..-'-1._hV, _.. r 4"7. Dafe If ":rf /~"..\ ......:;' ,TV!..' 48.'DaM ' /./ "I ,// t./":,,, >, / )/1 /'/-::/;-'...{ (~ y u v...-.... 3/13/0') 49. Date 51. Date Received 1!ll;~~, . /,/ / ...... ....,C".;.;u"~.".... ..".. _.. "~~1- ~~ I" ~ JOHN F. AMICUCCI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 2000-1059 CIVIL CIVIL ACTION - LAW ALLEN R. BENSON and DONNA K. BENSON, his wife, 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 Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 JIJ.J- NOTICIA Les han demandado a listed en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archhivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previa aviso 0 notoficacion y pro cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 - --....olll!; ~ , tild'__, JOHN F. AMICUCCI, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO: 2000-1059 CIVIL : CIVIL ACTION - LAW ALLEN R. BENSON and DONNA K. BENSON, : JURY TRIAL DEMANDED Defendant. COMPLAINT AND NOW, comes the Plaintiff, John F. Amicucci, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint: 1. The Plaintiff, John F. Amicucci, is an adult individual residing at 406 W. Ehnwood Avenue, Mechanicsburg, Cumberland COtmty, Pennsylvania. 2. The Defendants, Allen R. Benson and Donna K. Benson, his wife, are adult individuals residing at 261 Valley Road, Etters, York County, Pennsylvania. 3. At all times pertinent hereto, the facts and occurrences of this incident was June 9, 1998, in Lower Allen Township, Cumberland County, Pennsylvania. 4. At the above mentioned time and place, the Plaintiff was operating a 1987 Chevrolet westbound on SR 2016 in Lower Allen Township, Cumberland " I" 1", County, Pennsylvania, and the Defendant, Allen R. Benson, was operating a 1989 Ford, southbound on SR 2014 in Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforementioned time and place, the Defendant, Allen R. Benson, made a left-hand turn from SR 2014 unto SR 2016 traveling into the lane of travel of the Plaintiff, violently colliding with his motor vehicle. 6. The aforementioned collision was the direct and proximate result of the Defendant, Allen R. Benson's, careless, reckless and negligent conduct and was the proximate cause of the accident and injuries to the Plaintiff for the following reasons: A. Defendant, Allen R. Benson, failed to keep his vehicle in the proper lane of travel; B. Defendant failed to observe the vehicle of Plaintiff; C. Defendant failed to break so as to avoid a collision with the Plaintiffs vehicle; D. Defendant made an improper turn onto SR 2016; -2- ,iOlliih,,'i;'" E. Defendant failed to observe the motor vehicle of the Plaintiff; F. Defendant drove his vehicle into the opposite lane of travel violently colliding with the vehicle of the Plaintiff; and G, Defendant violated the provisions of the Motor Vehicle Code, which resulted in the accident as aforementioned. 7. As a result of the aforementioned accident, the Plaintiff sustained injuries which were serious in nature and which included and are not limited to: A. Cervical disc injury; B. Cervical radiculitis; C. Right Carpal tunnel syndrome; D. Severe shock to nervous system; and E. Trauma to his upper body. 8. The aforementioned injuries to the Plaintiff have caused the Plaintiff a loss of earnings in the past and a loss of earnings in the future above the provisions of the Motor Vehicle Financial Responsibility Law for which Plaintiff make claim as against the Defendant, Allen R. Benson. -3- -, ~, ._"~'~.~- ..,Iw'~i.; 9.' As a result of the aforementioned injuries, the Plaintiff has incurred medical expenses in the past, and will incur medical expenses in the future which will exceed the limits of the Motor Vehicle Financial Responsibility Law for which Plaintiff makes a claim against the Defendant. 10. Plaintiff has suffered diminution of earning capacity. 11. As a result of the aforementioned injuries, Plaintiff has undergone in the past and will undergo in the future medical care and costs. 12. As a result of the aforementioned injuries, Plaintiff has suffered a loss of life's pleasures and inconvenience to him. 13. As a result of the aforementioned injuries, Plaintiff has sustained discomfort, pain and suffering in the past and will undergo future discomfort, pain and suffering. -4- .. ~""""~~- ~~ ~"'~. - WHEREFORE, Plaintiff prays this Court to grant judgment against the Defendants in an amount in excess of $20,000.00. Respectfully submitted, Mancke, w~~ Hershe~::~llY ///y?/ / / //j By ,.- . P. Ri ani. Wagner, Esquire I.D. 103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Plaintiff Date: 5/"'&./ #d I I -5- -~""Ir,'~ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. &L rr a-^,," ' \ , DATE: s ~O!oCJ. I I >- -- i?: 0:; uc ~~ Z tJ.J c~ 0J ---) <.) ;:? .. ~) lL '. ) 'J", -.^-. LL._ ,., c;) } -'~; L.r ~:..J -',>' '... C~:: ; L;'") '.~n lU 1..:.. 0"; '1 ..0 CC ...':" Ci:~ ..'- Lt J 1 " ",--,,' ._,J ,:..::J ;:1- :;i:: ~~ fL. C) ::J 0 C) C) cr:' >- ~:J~2 (!) :J ~ ;:: m<(l-m~ ~S~~~ ~ >-" " ~' I ~ ~~W~m U I z_ en " ~ Za:~~ <(W"I ~I WE DO HEREIClY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COPY C)F THE ORIGINAL FILED IN THIS ACTION BY LAW OFFICES TI) YOU ARE HEREBY NOTIFIED TO ALE A WRITTEN RESPONSE 'TO THE ".",.'" ;~~EWR~ ~ 1'~1~~ MAY BE ENTERED AGAINST YOU '" A""""" AJTOFINEY MANCKE, WAGNER. HERSHEY & TULLY . 'Y ~,__o, ',", '. ".'"";,,, .. .'C' r - Jefferson J. Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant " '",-"',,. - '~"". ".""'".'';'" :"",~", -'::~.,&:_,,:'.,;'_:':'.' - ,,';~,~q: ,{-'",,~,~, - . JOHN F. AMICUCCI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ALLEN R. BENSON and DONNA K. BENSON, his wife, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 2000-1059 CIVIL JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendants, Allen R. and Donna K. Benson, in the above- captioned matter. Date: C, \ 2..,12.A'eC> 46877 .1 GOLDBERG, KATZMAN & SHIPMAN, P.C. . son J. Shipm n, Esquire At orney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants "" ". .."~.......... ..... ~'..~ '.. ""'0';- ',"'~" --.'';'~'"-;''' ".~ ;"'-""~~"'f<-:_"':,- .'- P";'.d~. - \:_,,~o_'_J-,:.,~I;:<..~ ~__' -.'"-~ ~ , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, s:J:.. Pennsylvania, on June 2l 2000: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. e son J. Shipm 1. . #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants 46878.1 .&iIili''''' w.-":'"' "k-o'.i _~ <' j ~"' ."'. .",' , ,.. ., . :1 , ~I >~ ~i ~ ~ :1 :1 ',1 , :1 ~, , 0 c.? C') c:. r;:J ., :""'- -rJ C. .~,- "! rr-! l , " :z Z C. 0') 0') 0"\ y:-~ ~ \] ~~ .:\? ,~) c:=-: c: :;J. ,- . -, . ';"C"," ',' ;"'.~i' "',,' Jefferson J. Shipman, Esquire LD. it: 51785 GOLDBERG, KATZMAN & SHIPMAN, p.e, 320 Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants JOHN F. AMICUCCI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000-1059 CIVIL ALLEN R. BENSON and DONNA K. BENSON, his wife, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: John F. Amicucci, Plaintiff c/o P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Je;2~ f ~~qUire Attorney I.D. #51785 John R. Ninosky, Esquire Attorney I.D. #78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: 7/!O(od Attorneys for Defendants .".,.'.. .,',--,-,-1;,:;",; "-';'- Jefferson J. Shipman, Esquire Ln. J, 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant JOHN F. AMICUCCI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-1059 CIVIL ALLEN R. BENSON and DONNA K. BENSON, his wife, Defendants JURY TRIAL DEMANDED DEFENDANTS ANSWER WITH NEW MATTER AND NOW, come Defendants, Allen R. Benson and Donna K. Benson, by and through their counsel, Goldberg, Katzman, & Shipman, P.C. and states: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that there was a collision between the two vehicles at the intersection of SR 2014 and SR 2016. The remaining averments of paragraph 5 are conclusions of law and fact and no response is required. _ ~_' "~- " 'r - - , .. -~ ~.- " 1:__0-:- .', ,': ' 6. Denied. The averments contained in paragraph 6 and subparagraphs (A) through (G) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (A) Denied. It is specifically denied that the Defendant failed to keep his vehicle in the proper lane of travel; (B) Denied. It is specifically denied that the Defendant failed to observe the vehicle of Plaintiff; (C) Denied. It is specifically denied that the Defendant failed to brake so as to avoid a collision with the Plaintiff's vehicle; (D) Denied. It is specifically denied that the Defendant made an improper turn onto SR 2016; (E) Denied. It is specifically denied that the Defendant failed to observe the motor vehicle of the Plaintiff; (F) Denied. It is specifically denied that the Defendant drove his vehicle into the opposite lane of travel and violently collided with the vehicle of the Plaintiff; and (G) Denied. It is specifically denied that the Defendant violated the provisions of the Pennsylvania Motor Vehicle Code, which resulted in the accident as aforementioned. 7. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 7 (A) through (E), specifically dealing with Plaintiff's alleged injuries and the same are therefore denied and strict proof is demanded at time of trial. 2 ~.' '~"~' '",:!, ~".,~,-,,,,~,,,, ~~ 8. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 8 and the same are therefore denied. 9. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 9 and the same are therefore denied. 10. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 10 and the same are therefore denied. 11. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 and the same are therefore denied. 12. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 and the same are therefore denied. 13. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 and the same are therefore denied. WHEREFORE, Defendants, Allen R. Benson and Donna K. Benson, respectfully request that judgment be entered in their favor and the Plaintiff's Complaint be dismissed with prejudice. 3 .. ..._~. .~~,.- --_..'.~-;-.I. .~, NEW MATTER By way of additional answer and reply, the Defendants interpose the following New Matter defenses: 14. That any damages the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provision of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. ~1701, et sea. 15. That the Plaintiff's claims may be limited or barred by the limited tort option pursuant to 75 Pa.C.S.A. ~1705 et sea. 16. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission or breach of duty by answering Defendants. 17. That if it should be found that there was any negligence on the part of the answering Defendants, which negligence is expressly denied, any such negligence was not a pro~imate cause of any damages to the Plaintiff. 18. That the accident and the injuries sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 19. That the Plaintiff's claims may be barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. ~7l02 et ~. and by the doctrine of comparative negligence. 20. That the Plaintiff may have failed to exercise reasonable care for his own safety under the circumstances then and there existing. 21. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. 4 , ~. - "',,',,' _'.,..,'0,. ,-. h,-,. "- :1 ~-" '., "',",, "_ -- -""',' "",>'::V:_..."J".",.-,;-",:;,~~,.-.,-'. 22. That the alleged cause of action may be barred by the applicable statute of limitations. 23. That any resulting injuries may have been caused by an intervening superseding cause, sudden emergency or unavoidable accident. WHEREFORE, Defendants, Allen R. Benson and Donna K. Benson, respectfully request that jUdgment be entered in their favor and the Plaintiff' Complaint be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~d~ J(N~~ Jeffe son J. Shipman, Esq re Attorney I.D. No.: 51785 John R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Date: 47257.1 7/lojtb 5 u"'._ ~'" '_~C' _,_,.~_,,,,,, d' .", "-,,,,,,,.,,:.:,,," ,'--".",,~, J,':;'-;',~I'";","~'",,,>'-:::"",: ,,__,' = VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts stated herein are true and correct to the best of my knowledge, information and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsifications to authorities. By: ~..t.;:~ Donna K. Benson DATE: -t--/S /00 47266.1 ,"""" '.~_. - "-'.--,-~-, -,- 1-- ",~_ '_,' ~.::. >J-:--__-, "1';-;'~"~_7;-_:' "", VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts stated herein are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications to authorities. By: ~ih/V\--- Allen R. Benson DATE: 7(:> ( 00 47266.1 .-', :',~>:~:,',~l~ - ',,"., J- ~. .--',' ~:I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United states Mail, postage prepaid, in Harrisburg, Pennsylvania, on July 10.2000: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jef~ J ~~~SqUire Attorney I.D. No.: 51785 John R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 46878,1 L--:) Cl () -'1\ n c. Z "'1J1.]-_J pl\,', z. 6~f~'> j ~ ~~~. $c~ z .:< -"- C) ri't r;:1 ,::") <,,0 ~ '< 1- '," ~ w CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant 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 the 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: 08/10/2000 ~ FERSON J. SHIPMAN, ESQUIRE Attomey for DEFENDANT DEll-200450 33947 -L 0 l ~'.' =~ I ~ _'i!,;,'- .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS_ CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [Note: see enclosed list of locations] TO: RICHARD P. WAGNER. ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable, Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retuming same to MCS or by contacting our local MCS office. DATE: 07/2112000 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attomey for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-128272 33 947 - C 0 1. - " >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT ''''"~l~:' PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO. D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY, M.D. DILLSBURG GLASS COMPANY DE02-128272 33 9 4 7 - C 0:1. .~ ..J_ ~",",~,' COMMONWEALTH OF PENNSYLVANIA COUNTY Of CUMBERLAND JOHN F. AMICUCCI VS F'! N 2000-1059 1 e J O. ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:HOLY SPIRIT HOSPITAL (Name of Person or Entity) vVithin twenty (20) days after sen'ice of this subpoena, you, are ordered by the court to produce the following documents or things: QFF. A'1"T'ArHF.TI at MCS GROUP INC., 1601 MARKET STREET,H800, PHILADELPHIA, PA 19103 (Address) You may deliver or maillegibJe 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 FOLLOVVING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT 10 it: ATTORNEY FOR: 'l'HF nFFFNTlFN'l' DATE: o;;lv / 9. :2000 I BY THE COURT: /~ {lJ.m"IiJ ~ Prothonotary. er ivil Division ~k/"<'A 4l!~. 6J 4' Deputy I ' Seal of the Court - ~" --.I " "h1--- EXPlANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 33947 JOHN F AMICUCCI INCLUDING DOCTOR'S REPORTS,X-RAY REPORTS,MRI REPORTS, HOSPITAL RECORDS, ER RECORDS & PHYSICAL TIIERAPY REPORTS/RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security H: 205-56-5032 Date of Birth: 12-01-1964 SUIO-259494 :3:3 947 - La :L A. , ~ <'S',! CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM. -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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. JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DATE: 08/10/2000 DEll-200451 33947-L02 - - ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 07/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT cc: JEFFERSON J. SHIPMAN. ESQUIRE 22740-950 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 ~ DE02-128272 33 947 - C O:L >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT -.;;;", PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO, D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY. M.D. DILLS BURG GLASS COMPANY DE02-128272 :3 :3 9 4- 7 - C O:L .-" - -~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI vs F'] N 2000-1059 1 e O. ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CONCENTRA MEDICAL CENTER HARRISBURG/WEST (Name of Person or Entity) Within ty..'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTAr.HED at MCS GROUP INC., 1601 MARKET STREET,U800, PHILADELPHIA, PA 19103 (Addr..s) 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: ADDRESS: JEFFERSON J. SHIPMAN, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, FA 17108--1268 TELEPHONE: (215) 246-0900 SUPREME COURT 10 It: ATIORNEY FOR: THE DEFENnF.NT DATE: JUly J q, :2CXJO B~HE COURT: (?.,,/~ ~~ ;' Prothono C1 Civil Division ~/reaAA17 c.&12/Jd. ~~ Deputy Sea! of the Court -'"""W!ilii<" EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONCENTRA MEDICAL CENTER 4910 RITIER ROAD MECHANICSBURG, PA 17055 RE: 33947 JOHN F AMI CUCCI INCLUDING DOCTOR'S REPORTS,X-RAY REPORTS,MRI REPORTS,HOSPITAL RECORDS, ER RECORDS & PHYSICAL THERAPY REPORTS/RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 SUlO-259592 33 9 4 7 -L02 -',af.:!l~i" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 fl " I: ,. f; , ,l: ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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: 08/10/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-200452 3394 7-L03 C".' , H , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F, AMlCUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R, BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS .office. DATE: 07/21/2000 HCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter. contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-128272 33 9 4"7 - C 0 1. - >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT -., PAGE: 1. LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO, D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOUTH REHAB. OF MECHANIC: ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY, M.D. DILLSBURG GLASS C:OMPANY i " I' I I I' Ii !I I, I' I. 11 Ij Ii i' :1 '. )1 I, Ii il II Ii 11 Ii DE02-1.28272 :3:3 9 4 7 - C 0:1.. ~" . ~ ,~ " ", COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI VS F'] N 2000-1059 1 e O. ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:J.CLIFFORD RENTO,D.C. & DILLSBURG CHIROPRACTIC (Name of Person or Entity) \i\,Tithin h<.'enty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: SRR A1'1'Ar:HRD at MCS GROUP INC., 1601 MARKET STREET,H800, PHILADELPHIA, PA 19103 (Addr..,) 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 FOLLO'\^lING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT ID it: ATIOR."lEY FOR: 1'HR DRFRNlWN1' DATE: ,]Z:y 19 .:200) B4H~OURT: -4 T/ ~ . < t?7IIJ, ProthonotaryfOerk. efviI Division -4JfLV:<4l(. (kA~ J~. Deputy . Seal of the Court .,-, " _"M'-_m, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JAY CUFFORD RENYO, D.C. PO BOX 668 4 BARLO CIRCLE DIIlSBURG, PA 17019 RE: 33947 JOHN F AMICUCCI INCLUDING DocroR'S REPORTS,MRI REPORTS,X-RAY REPORTS ,HOSPITAL RECORD, ER RECORDS & PHYSICAL TIIERAPY RECORDS/REPORTS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 SU10-259498 :3:3 94-7 - L ():3 ~.,~ 1- '''''''''''iI'c CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMMON PLEAS JOHN F. AHICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena witb 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 servedp (2) A copy of the notice of intent, including the proposed subpoena, is attached to the 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: 08/10/2000 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DEll-200453 3394 7-L04 ~. - "'--"'..:.. w~r;;; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 under~igned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the' applicable Pennsylvania Rules of Civil Procedure 4009.Z4. Complete copies of any reproduced records may be ordered at your expen~e by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN. ESQUIRE - 22740-950 Any questions regarding this matter. contact TBE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-128272 33 94 7-CO~ _. >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENt IIlIiIiIIIIilIli ._. PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD BENYO, D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY, M.D. DILLS BURG GLASS COMPANY I: , i; I I; l~: !;' DE02-128272 33 9 4 7 - C O:L - '. . 1_- ,\:li!ilti!t- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI VS F'j N 2000-1059 1 e o. ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:KDV ORTHOPEDICA & REHABILITATION (Name of Person or Entity) \'Vithi,n twenty (20) days after service of this subpoena, you are ordered by the c<?urt to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET,HeOO, PHILADELPHIA, PA 19103 (Address) You may deliver or rnaillegible 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 seryice, the party sen'ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOv-.'lNG PERSON: JEFFERSON J. SHIPMAN, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT ID It: ATIOR.l\1EY FOR: NAME: ADDRESS: THE nEFFNTlENT ----- DATE: Ju.. /"" / i9 ;2000 . Civil Division !J..f271 II Seal of the Court I~^ -..-" EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KDV ORTIlOPEDICS 908. S. GEORGE STREET YORK, PA 11403 RE: 33947 JOHN F AMICUCCI INCLUDING DOcroR'S REPORTS,MRl REPORTS,X-RAY REPORTS,ER RECORDS, HOSPITAL RECORDS,PHYSICAL lliERAPY REPORTS/RECORDS & RECORDS FROM INITIAL VISIT TO TIlE PRESENT Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and indudingthe present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01.1964 SUIO-259500 .3.3 9 4 7 - L 04 ~"" --:> ~~- ""~~Ifu:,'- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F JOHN F. AMICUCCI TERM. I I ,. I, I I' I I 1 IN THE MATTER OF: COURT OF COMMON PLEAS -VS- CASE NO: ZOOO-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.ZZ , , f~ MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that , I t (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 se rv-ed " (Z) A copy of the notice of intent. including the proposed subpoena. is attached to the 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. DAn: 08!1012000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-Z00454 33947 -LOS -~ . - ~ . I~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F, AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J.SHIPMAN. ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 07/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET . #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-128272 33 947 - C O:L >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT IIIiiMIiiiiiiIlI ~~~ - PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CON CENTRA MEDICAL CENTER JAY CLIFFORD RENYO, D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY, M.D. DILLS BURG GLASS COMPANY !, DE02-128272 33947 -COl . - .'"' ......',", COMMONWEALTH OF PENNSYLVANIA COUNTY Of CUMBERLAND JOHN F. AMICUCCI , , , I I,,; VS File No. 2000-1059 ALLEN R, BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: PHYSICIANS OF REHABILITATIVE MEDICINE (Name of Person or Entity) vVithin ~'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTAr.HED at MCS GROUP INC., 1601 MARKET STREET,#800, PHILADELPHIA, PA 19103 (Address) 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: ADDRESS: JEFFERSON J. SHIPMAN, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT 10 #: ATTOIL.....EY FOR: THE DEFENnENT DATE: \J[:/)/ /9, i(om Prothonotaryf ,(oh~/J(~::' ~~ Seal of the Court .~- ~- " .= EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHYSICIANS OF REHAB MEDICINE 450 POWERS AVE HARRISBURG, PA 17009 RE: 33947 JOHN F AMICUCCI INCLUDING DOCTOR'S REPORTS,X-RAY REPORTS,MRI REPORTS, HOSPITAL RECORDS, ER RECORDS & PHYSICAL TIIERAPY REPORTS/RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 SU10-259502 3394 7-L05 ~ '-""c I I I I H it I! I~ I' ;:' I,' i: [" , I l" - I,~ ~ Iiltijl~, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM. -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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, ,i,;' (2) A copy of the notice of intent. including the proposed subpoena. is attached to the 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: 08/10/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-200455 33947-L06 "'. .,~ '.__W i.' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS , I':, Ii , , JOHN F. AMICUCCI TERM, I i , , -VS- CASE NO: 2000-1059 it- ALLEN R. BENSON & DONNA K BENSON :,'~ ii, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN, ESqUIRE Attorney for DEFENDANT cc: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-128272 33 9 4 7 - C O:L - "" >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT ~,! PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO, D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTH SOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY. M.D. DILLSBURG GLASS COMPANY ;; "' . [! I:: ;! it , ~ ,. 11 1; I: , ir Ii I, '. , I: ,. ., 'I: I' DE02-128272 3394 7-COl - ~~~ ~._- I~""" .l!!M!Jj:" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI VS File No. 2000-1059 ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:HEALTHSOUTH REHAB OF MECHANCISBURG (Name of Person or Entity) ., ~f Within tro,'enty (20) days after service of this subpoena. you are ordered by the court to produce the following docum1ents or things: SEE ATTAr.l-lF.TI I' if Ii :i: '[ ii if i: rr, ~: at MCS GROUP INC., 1601 MARKET STREET,#800, PHILADELPHIA, PA 19103 (Addres,) it 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 Ment)' {20} days after its service, the party serving this subpoena may seek a court order compelling you ~o comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOvVING PERSON: ~AME: ADDRESS: JEFFERSON J. SHIPMAN, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT ID II: A TIO RNEY FOR: THE nRI'ENT1ENT DATE: :;;(1 /9. ,,?o{.b I BY TH/fOURT~ /.j/ ~ ~~ Prothonot:a:1y/O Civil Divisjon ~Jre~N /I ~J;. ~ Deputy . Seal of the Court . .'",,,, ~'-~~ 4Il!iIliIM~-,!>_; EXPlANATION OF REQIDRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALlHSOUTH 840 NORlH FRONT SlREET WORMLEYSBURG, PA 17043 RE: 33947 JOHN F AMICUCCI INCLUDING DocroR'S REPORTS,MRI REPORTS,X-RAY REPORTS, HOSPITAL RECORDS, ER RECORDS & PHYSICAL TIffiRAPY REPORTS/RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 SUIO-259504 33947-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM. -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 served9 (2) A copy of the notice of intent. including the proposed subpoena. is attached to the 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: 08/10/2000 JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT DEll-200456 33947-L07 """"',.--., I , Ii: , i Ii I:' - .', _m~iIlIll<ii\\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I~ THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER. ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 07/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter. contact THE MCS GROuP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-128272 3394 7-COl "ri ~ >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT PAGE: ~ .~l!ft:'~~, I ,I 1,1; " i!; , i :! ;! 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO. D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY. M.D. DILLSBURG GLASS COMPANY " :1 I ,I I! :: ji: 'i' , ;! , , i , il 'I, " 11 i , r , , I I , DE02-12827Z 33 9 47 - C O:L - -~ 1'_::'. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI VS F'l N 2000-1059 1 e O. ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:HEALTHSOUTH REHAB (Name of Person or Entity) \-\7ithin twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: SKi<: ATTAC":H1<:n at MCS GROUP INC., 1601 MARKET STREET,U800, PHILADELPHIA, PA 19103 (Address) 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 FOLLOV-lING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT 10 Ii: ATTORNEY FOR: THli: nli:l'li:NT1li:NT DATE: a~~ tI If Jo06 . BY THE COURT:~ 1/ (l~MIM ~ ( Prothonotary/ erk, vii Division ?j~/~fl#/~ ~~7f Deputy Seal of the Court ~'"' ~ . I,~ _ ...--- EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTIISOUTII REHAB. OF MECHANIC 175lANCASTERBLVD P.O. BOX 2016 MECHANICSBURG, PA 17055 RE: 33947 JOHN F AMICUCCI INCLUDING DOCfOR'S REPORTS,X-RAY REPORTS,MRI REPORTS,ER RECORDS, HOSPITAL RECORDS & PHYSICAL TIIERAPY RECORDS/REPORTS Any and all records, correspondence, files and memorandums, handwritten notes, billing arid payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Snbject : JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 5U10-259506 33947-L07 . -'j<",~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. ./\MICUCCI TERM, -VS- CASE NO: ZOOO-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.ZZ MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant certifies that I' I' I' I' I~ . i" ':, (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 servedS) i:~ (Z) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate. i i. I~ (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: 08/10lZ000 JEFFERSON J. SHIPMAN. ESQUIRE Attomey for DEFENDANT DEll-Z00457 33947-LOB ~iIIi. "- ~ . l!. ;!!i~_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your exp!,nse by completing the attached counsel card and retuming same to MCS or by contacting our local MCS office. :i !, ;f i~ I~ !i if is i~ i DATE: 07/21/2000 '. " MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attomey for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter. contact THE HCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-128272 :3:3 947 - C O::L . >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT .~" ~ ",~ PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO, D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAl! MEDICINE HEALTHSOUTH HEALTH SOUTH REHAB. OF MECHANIG ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY, M.D. DILLS BURG GLASS COMPANY DE02-128272 3'3 9 47 - C 0 1. -"~ - - ~ -< i<fiIIj~i,; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI VS File No. 2000-1059 ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:ORTHOPEDIC INSTITUTE OF PENNSYLVANIA (Name of Person or Entity) VVithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: C:RR A '1"1' A rltlin at MCS GROUP INC., 1601 MARKET STREET,HaOO, PHILADELPHIA, PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subp~na, 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 SUBPOEN A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JEFFERSON J. SHIPMAN, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 - SUPREME COURT ID it: AITORI'.JEY FOR: '1''''' n"""NT"'N'1' NAME: ADDRESS: DATE: fAIt! It; . 01010 Seal of the Court ,.~ ....- ~"'"""""'-' EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTIIOPEDIC INSlTTIJI'E OF PENNA 875 POPIAR CHRUCH ROAD CAMP HIlL, P A 17011 RE: 33947 JOHN F AMICUCCI INCLUDING DOcroR'S REPORTS,X-RAY REPORTS,MRI REPORTS,ER RECORDS, HOSPITAL RECORDS & PHYSICAL TIIERAPY RECORDS/REPORTS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 SUlO-259508 33947 -LOa " oli\l:l!,,_ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.ZZ'F IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM. -VS- CASE NO: ZOOO-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.2Z KCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mail~d 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 the 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. JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DATE: 08/10/Z000 DEll-Z00458 33947-L09 ,<,~~'_~ I ~d! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 07/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN. ESQUIRE - 22740-950 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-128272 33947 - C O:L ~,., -'_. ~ . . >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT IMiilIiiIIiiilii ~- ~1~1. PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO, D.C. RDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTHSOUTH HEALTHSOlITH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY, M.D. DILLSBURG GLASS COMPANY DE02-128272 3394 7-COl b__ _J~ ."~Ii?' o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI . VS File No, 2000-1059 ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:COLONIAL MEDICAL CENTER & SCOTT CHERRY, M.D. {Name of Person or Entity} vVithin rn'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SRR ATTAr.l-mn at MCS GROUP INC., 1601 MARKET STREET,U800, PHILADELPHIA, PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,. together ......ith the certificate of compliance, to the part)' 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. 11 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 FOLLO'VVING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT 10 II: ATTOR!-lEY FOR: THR nRl'RNnRNT DATE: rLu/" /1 ~Ct1O rJ . BY THE COURT: --;f' ./;/ e<-(~,{/dh . d.(~ ProthonowyJOerK.,. Ci Division -{;k~Nf 4/f ~~ ~nIy Seal of the Court O~~ ." O.~ . , EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCOTT M. CHERRY, M.D. COLONIAL MEDICAL CENTER 955 S. GEORGE STREET YORK, PA 17403 RE: 33947 JOHN F AMI CUCCI INCLUDING DOcrOR'S REPORTS,MRI REPORTS,X-RAY REPORTS,ER RECORDS, HOSPITAL RECORDS & PHYSICAL THERAPY REPORTS/RECORDS Any and ail records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. . Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 1--. -Wliii_ 5UIO-259594 33 9 4 7 - LOg -~,,",.,- - I 1I!l'illii~", , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF, COURT OF COMMON PLEAS JOHN F. AKICUCCI TERM, -VS- CASE NO, 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 KCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant 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 the 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, 06/10/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-200459 33947 -L10 " ~Th!_ , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: RICHARD P. WAGNER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have ~nty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 07/21/2000 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter, contact THE MCS GROUP mc. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-128272 33947-CO~ .;.;Aj- >>> LOCATION LIST <<< RECORDS REQUESTED . MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL EMPLOYMENT " 0 "~~ ~~~:~L _ PAGE: 1 LOCATION NAME HOLY SPIRIT HOSPITAL CONCENTRA MEDICAL CENTER JAY CLIFFORD RENYO. D.C. KDV ORTHOPEDICS PHYSICIANS OF REHAB MEDICINE HEALTH SOUTH HEALTHSOUTH REHAB. OF MECHANIC ORTHOPEDIC INSTITUTE OF PENNA SCOTT M. CHERRY. M.D. DILLS BURG GLASS COMPANY DE02-128272 33 94 7-CO~ ~ liI!l1i[L, . . COMMONWEALTH OF PENNSYLV ANIA COUNTY OF CUMBERLAND JOHN F. AMICUCCI VS Fo' N 2000-1059 1 e l O. ALLEN R. BENSON AND DONNA K BENSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:DILLSBURG GLASS COMPANY (Name of Penian or Entity) Within ty.'enty (20) days after service of this subpoena, you axe ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET.#800, PHILADELPHIA, PA 19103 {Address} 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 FOLLOvVING PERSON: NAME: ADDRESS: JEFFERSON J. SHIPMAN, ESQUIRE 320 MARKET STREET, P.O. BOX 1268 HARRISBURG, PA 17108-1268 TELEPHONE: (215) 246-0900 SUPREME COURT ID iI: ATIORNEY FOR: THE DEFENDENT DATE: jJ4 /9, 20aJ Prothonotary/O~rk. 'f/-hfl//l! ~, 15'1' Deputy Seal of the Court - ~J .1..... ..cl_Jl\om..'<i,:', . EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DIllSBURG GlASS COMPANY 47 N. 2ND STREET DILLSBURG, PA 17019 RE: 33947 JOHN F AMICUCCI Any and all employment records, files and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date oCBirth: 12-01-1964 SU10-259512 :3 :3 947 - L:L 0 IlIiIilfjjlI '< Mhl,lfJ .., d_~__~ilotl~""'''~'~~'''''~'' , . .><J"_~"" "~ ~. - - . . 0 Cl 0 c: Cl '''n $: ". -om c: d:d mm G) Z-n , _. ~~E9 zS:;- or. (j)~", l~-~(~ -<...::~ r.::c; -0 ~-'i'-i ~() ~,'- ---r; -" h~C)' 52 t:" ~rn ~ ~ 15 ro -< ". ",' . ". "~"">' ", ,c. """.' ". "" "".". . , " , . f - Jefferson J. Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant "', ,,<'~ ~ _ _",,'j_IO" -_,,,_._ " " " 5 'J"';''0'~!~ l~; r,; f.}: o -;,e ,I~~,,;:..c;'..o;-_~ '_ . h ......... " if, \B; \2-i ~. ti I' ~l c ~; t!: j~; ~: i I; 1: ;1' JOHN F. AMICUCCI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ,- i[ ~. ~; I~ , Ii: t. I ~~ I:, 1[,: ,. ~) I:, i: ~!, f i I. .' f' .. 11 I' " I' b ! ! I: I; t: I f: I' r ~ vs. ALLEN R. BENSON and DONNA K. BENSON, his wife, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 2000-1059 CIVIL JURY TRIAL DEMANDED PRAECIPE PLEASE file the attached Stipulation of Counsel removing the Defendant, Donna K. Benson, as a named Defendant in the above- captioned lawsuit. Date: August 11, 2000 46877.2 GOLDBERG, KATZMAN & SHIPMAN, P.C. erson J. Ship an, Esquire A torney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants ~. " liiIIiIIIIIIIlIlM~. ~L , ... , . . < \ Jefferson J. Shipman, Esquire J.D. #: 51785 GOLDBERG, 'KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant JOHN F. AMICUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 2000-1059 CIVIL ALLEN R. BENSON and DONNA K. BENSON, his wife, Defendants JURY TRIAL DEMANDED it'{ili ; ~ IT IS HEREBY stipulated and agreed by and between counsel, P. Richard Wagner, Esquire, counsel for the Plaintiff, and Jefferson J. Shipman, Esquire, counsel for Defendants, that Donna K. Benson is hereby removed from the case as a named Defendant and the Complaint is hereby amended to reflect her removal as a named Defendant. GOLDBERG, KATZMAN & MANCKE, WAGNER, MAN, P.c. HERS & TULLY By: By: J erson J. Shipm , Esquire agner, Esquire AttomeyI.D. No.: 51785 PI. eyI.D. No.: 23103 320 E. Market St., P.O. Box 1268 2233 North Front Street Harrisburg, P A 171 08- I 268 Harrisburg, PAl 71 10 (717) 234-4161 (71 7) 234-7051 Attorney for Defendants Attorney for Plaintiff Date: ~ '&o4lcoO Date: SI1/dO I I 47267.1 ....r.".d~........ 'd' ".......,. ,.~'" ".:"",,""'--~---"' ,. - -,--~,_.- '-;w'_ - ^" .-" --u'. (.'-:"W,-, _=" ,,_ ,""':'""~ .~L ,,-, '<.t_ ;.~,:-- -J' - ----:,"<-<,--"{~<-,-~-- ....." ,-, - .-~ , . . . , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on August 11, 2000: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Q ~ erson J. Ship an, Esquire At orney I.D. No.: 51785 John R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 46878.1 '>':",;:1 II . I' i ~ t: J I: .' I , R" ~~ r'~ ~:I ~~ u; "I "j II I '" II Ii ! II I! I I' I, , I, 'I I I;, I 1 I I II ~ ^." - ~, _I .', ,( ~"- ....,..;--,;-- ~ . ~-~ < -~- ." ~'" ' b,,,,',) 4' , . . 0 C1 C) C 0 -;~\ ~~ ~ .-1 uce c r-i1~U rTif',-l, G> Z--'l ".,-, ;n zr.;:= i-, (J) 2:.:. .t::~ ,- -</ (;~) 1<C) .~} ~:~;~ c;O :s: L-- ,-.., 6t-n Pc ':? --1 ~ ):::- 'D :D --< ~ "'00tlII ~, ~~ --l~o JOHN F. AMICUCCI, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO: 2000-1059 : CIVIL ACTION - LAW ALLEN R. BENSON and DONNA K. BENSON, his wife, : JURY TRIAL DEMANDED Defendants. ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, John F. Amicucci, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Answer to New Matter: 14. Avennent number 14 is a legal conclusion oflaw for which no answer is required. 15. Denied. It is denied that Plaintiff's claims are limited or barred by the limited tort option. 16. Denied. It is denied that Plaintiff's injuries and damages were not caused by any act, omission or breach of duty by the Defendants. 17. Denied. It is denied that the negligence of the Defendant was not the proximate cause of the damages to the Plaintiff. ",.~, ".... - '" - ' , J.......a -- h7__<' 18. Denied. It is denied that the negligence of third persons or entities caused the injuries to the Plaintiff. 19. Denied. It is denied that the Plaintiff's claim is barred and/or limited by the Pennsylvania Comparative Negligence Act or the doctrine thereof. 20. Denied. It is denied that the Plaintiff failed to exercise reasonable care for his own safety. 21. Denied. It is denied that Plaintiff failed to exercise reasonable care for his own safety and that any such failure being expressly denied was a factor in the happening of the accident. 22. Denied. It is denied that the cause of action is barred by the applicable statute oflimitations. 23. Denied. It is denied that the injuries to the Plaintiff were caused by intervening superseding causes or sudden emergency or unavoidable accident. -2- I~ . . ,.~ "'n m~'~I;>. WHEREFORE, Plaintiff requests this Court to dismiss the New Matter of Defendant. Respectfully submitted, Mancke, Wagner, Hershey & Tully ~,~ W...", &::, LD. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: !())lo/t30 I I -3- __""",,~1lIiI - ~ ~ J....... ~).':,'~'- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~?-~~- DATE: lo~r IJ() . I -= ,-"" I. ' '~lle~ , , CERT-IFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Jeffrey J. Shipman, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 By ~~l~ Debra K. Spinne~, Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Plaintiff DATE: lA/II / f)O / I iilIillilil,-.=~.;..;....~I",", ",. 0> ......... ~ ."~,~..,.~ "" _.~~ '. ,-, ~ fjjiL ""~~~~ - "-' ..~ -- f~ oCL \';: ~~ 'f;,~-; ~- \ .'. .-\:~) \ r, t,_, ',\.; cn --' c:~ :-j \--"" c:: ~7 ~~,3 ~~ '....... ~-'-. :~~~~ ,"~lor, '.~\~ ,"- .--) D CJ ,") c::) , WE DO HEREBY CERTIFV THAT THE WITHIN IS A TRUE AND COR- RECT COPY OF THE ORIGINAL FILED IN THIS AC:nON BY LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY J\TIORNEY , , , a:' >- ~ ::l ~ 0 Cl :> h- ffi ~ I- ~-- ~>~~~ LL> u.c.5 ~w'>-cO: :5 ~ W l!i i u I z ~ Z (f) ~ a: a: N <( ~ W N J: :2; I TO YOU ARE HEREBY NOnFlEO TO FlU: A WRtnEN RESPONSE 'TO THE ENCt.OSED ~~~ W~~ ~W f~~tJ:814 M4Y BE ENTEl'IEO AGAINST YOU '" AnoRNEV t# CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM. -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE 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: 05/08/2001 ~behalf ~ft-; J~ . ~.~. J- F ERSON J. SHIPMAN, SQUIRE ~ Attorney for DEFENDANT DEll-250389 :3:3947-Lll " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND" IN THE MATTER OF: COURT OF COMMON PLEAS JOHN F. AMICUCCI TERM, -VS- CASE NO: 2000-1059 ALLEN R. BENSON & DONNA K BENSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DAVID S. ZIMMERMAN. K.D. MEDICAL TO: RICHARD P. WAGNER, ESQUIRE KCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE 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 KCS or by contacting our local KCS office. DATE: 04/16/2001 ~ KCS on behalf of JEFFERSON J. SHIPMAN, ESQUUE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-950 Any questions regarding this matter. contact THE KCS GROUP mc. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-150141 33947 - CO 1 --- i ! f COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND JOHN F. AMI CUCCI -VS- File No. 2000-1059 ALLEN R. BENSON. ET AL. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: DAVID ZIMMERMAN,M.D. (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are orde'ltd bv the <our! to produ<e the following doc:uments or things: SEE ATTACHED at THE MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA, PA 19103 (Address) You may deliver or mail legible <opies of the do<uments or produ<e things requested by this subpoena, together with th" <ertifi<ate of <omplian<e, to the party making this request at the address listed above. You have the right to seek, in advan<e, the reasonable <ost of preparing the <opies or produdng the things sought. If you fail to produ<e the doc:uments or things required by this subpoena, within twenty (20) days after Its service, the party serving this subpoena may seek a <our! order <ompelling you to <omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET HARRISBURG, PA 17055 TELEPHONE: (215) 246-0900 SUPREME COURT ID': A TIORNEY FOR: DEFENDANT DATE: -11r(L~ l 10 J ()I'>' I BY~~U~~ ~ Prothonotary/CIerk. 1 Division '-- ~~ ~)f,r o ty Seal of the Court (Eff.7/97) ,yI EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID S. ZIMMERMAN, M.D. 6 MARKET PLAZA WAY FAMILY INTERNAL MED MECHANICSBURG, PA 17055 RE: 33947 JOHN F AMI CUCCI Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JOHN F AMICUCCI 406 WEST ELM STREET, MECHANICSBURG, PA 17055 Social Security #: 205-56-5032 Date of Birth: 12-01-1964 ,- SUI0-300160 33 9 4 7 - L 1 1 " , iiil: " , " ~ I. >t.. Jefferson J. Shipman, Esquire LD. #51785 GOLDBERG, KATZMAN & SlllPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants Allen R. Benson and Donna Benson JOHN F. AMICUCCI. Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-1059 v. ALLEN R. BENSON and DONNA K. BENSON, his wife Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto. was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, are attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. . " .. By Date: ~III/ 0 f ..: - ~ -,- 1.- = ..!!!;i,l Jefferson 1. Shipman, Esquire I.D. No. 51785 320 Market Street P.O. Box 1268 Harrisburg. PA 17108 Attorneys for Defendants Allen R. Benson and Donna K. Benson ~ - ,. __I ~- ;, .;; - ~'I , . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, -#1 postage prepaid, at Harrisburg, Pennsylvania, on the I ( day of ~V1.q ,2001, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, P A ] 711 0 ERG, KATZMAN & SHIPMAN, P.C. . By Jefferson 1. Shipman, Esquire lD. #5]785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants " ',"~i r I' . , Jefferson J. Shipman, Esquire LD, #51785 GOLDBERG, KATZMAN & SIllPMAN, P.C. 320 Market Street P,O, Box 1268 Harrisburg,PA 17108-1268 (717) 234-4161 Counsel for Defendants Allen R. Benson and Donna Benson JOHN F, AMICUCCI, Plaintiff v. IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA NO. 2000-1059 ALLEN R. BENSON and DONNA K. BENSON, his wife Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: JohnF. Amicucci P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 171]0 PLEASE TAKE NOTICE that Defendants intend 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 no objection is made, the subpoena may be served. . ~, . \ . Date: (V1~y d-I; ~OO ( .:",. ~~"""'-l!iIW GOLDBERG, KATZMAN & SJUI>MAN .; .~.~. ;, ;' -~,~;~~ " By J erson J. Ship~ EsqWe. .' LD. No. 51785 . '\;,rA- .. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108 Attorney for Defendants Allen R. Benson and Donna K. Benson ",,0 - .-0' j, ~- ''-'''--.-Ulilillf.:r . \ . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Harrisburg, Pennsylvania, on the ;) I :sf- day of /Vi a v / ,2001, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, P A 1711 0 GOLDBERG, KATZMAN & SHIPMAN, P.C. . By Jeffi on J. Shipman, Esquire I.D. #51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant ~ ~~- , ." ',,\', <XJtM)NWEIILTH OF PENNSYLVANIA COONTY OF aJMBEmAND John F. Amicucci v. File No. 2000-1059 Allen R. Benson and Donna K. Benson; SUBPOENA TO PROl:llO: r::xx:.:tM:NTS OR 11-1 I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Mark Grubb (Nane of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the followinq docunents or things: any and all medical records. correspondence, -Ie-port-s. and .di..a.gn"qt;c tpst rpSl11ts sincp Decpmher 10, 1QQ7of John F. Amicucci, D.O.B. 12/1/64 SS# 205-56-5032 at Goldberg, Katzman & Shipman p.e. 320 Market St., Harrisburg, PA 17108-1268 (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carp liance , to the party making this request at the addr<,ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoen'3. within twenty (20) days after its service, the party serving this subpoena l1'ay seek a court order corPelling you to carply with it. n; I S SUBPOENA WAS I SSU€D AT 11iE REQlJE:ST OF THE FOLLON I NG PERSON: NAt-E: Tpf'f'pr~nTl T ~t1irm.Rn J F.~rJ.l1i re MXmESS:3~Rrket St~et P.O. Box 1268 H~rr;qhl1rg....JA 17108-1768 TELEPHJNE: (71 n 234-4161 SU'R&E cx:urr 10 # 51785 ATToANEY FOR: Thg Dllhtl,;l?'lts DATE: fY1~ / n~60) Seal o~ the . t (Eff. 1/97) i-ilii/ j., -1--.....j~iIltIiJllW~_""""'~'"'''''''~~-tlltil1'' Ii'll"'r"~""" , " ,-""--~'-'--, " (") 0 0 c:: ., s: ?= "0 CD "" Q}fl.1 ..- ~- ,- 4--..J i rn Zr;:- r" C:I (/) ~.:-. -i" -(L r:C' '_e -U i', ~'" ~ i~~~ Z(j _~',1" -;;'0 ~C ~ Z 1"" :<l ::u en --< o. '. n_~~ ,,~ "<_ ~,~ , . _ _""c___ , .">>" ,~,",~NF. ""'"~"~'~',,",I_"--"''' , J JOHNF. AMICUCCI, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA NO. 2000-1059 ALLEN R. BENSON and DONNA K. BENSON, his wife Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEC~ETOD~CONTHnffi TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, MANCKE, WAGNER, HERSHEY & TULLY .d' ./ / Dti,~0~ .--- .....--:-- e . chard Wagner, Esquire .., 2233 North Front Street Harrisburg, PAl 7 I 10 (717) 234-7051 Attorney for Plaintiff ~~ -'" >>'b6i: -, ~";,....~ ;k<.__ ~ . 1- " JUN 10 REG'\} g 0 0 N 41 s: i::: -.4 ~11J ._"!.....-n. m,t!:: ~ nl;::;::: :z: .J....; -'-1m Z'- -"j~ df:t::l - ':J =<7 :,...,1",,) t;:;::cj -0 :I~:R ~8 ::l: 90 -,,-' -m $c r:-? ~ ~ w ~