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Home My WebLink About00-06049 ~= -. ~ "- ~~ ~ ~ .~ ............. ~- FILE COpy COSTOPOULOS, FOSTER & FIELDS ATTORNEYS AND COUNSELLORS AT LAW 831 MARKET STREET , P.O. BOX 222 LEMOYNE, PENNSYLVANIA 17043-0222 TELEPHONE 761-2121 AREA CODE 717 FAX 761-4031 WILLIAM C. COSTOPOUWS DAVID 1. FOSTER LESLIE M. FIELDS EDWARD W. HARKER GEORGE H, MATANGOS April 19, 2001 Daniel DeArment, Esquire 1300 Bent Creek Boulevard Mechanicsburg, PA 17055 Darrell Dethlefs, Esquire 3508 Market Street Camp Hill, PA 17011 Re: Mauk v. Hayduk No.: 00-6049, Cumberland County Arbitration Board Dear Attorneys DeArment and Dethlefs: Please be advised that the above-referenced case (in which you had both been selected by the Court of Common Pleas of Cumiberland County to sit on the Board of Arbitrators) has been settled. As such, we will not need to schedule the arbitration. Thank you for your cooperation in this matter. Sincerely, COSTOPOULOS, FOSTER & FIELDS DJF/alg Enclosure Apr-11-01 03:37P ANGINO & ROVNER PC 7172385610 P.02 ANGINa & ROVNER, P.C. 4.'iO.\ NilRnt FHUNT !<t"TRr-E'l' UAlI~1$8Ua:(;, VA (7tlll'J7(1~ RlenARt' C. ANGINO Nt'ILj.RO\lNl:.ll )OSt:I'U At. Mt:Ull.() Ttlut'f S. 1tl'MAN DAvlI1 L lU'rl MK:HAT;J. E. KO",fJ.: Rll'HAROA. SAllI.OCI\ JO$f;I'HM.I.'I(.lttA lAMF.5 1l1'CINTl 1l1/ZllUW91 FAX 717/2J&.5610 WWW.Al\It;JNf).ROVNlm.U.M E-MAIL.a..i..nl.-lX;K@I\N(.INO..1UWNt;I\.COM April II. 2001 VIA FAX: 761-41131 David J. Fo~ter. Esquire Costopoulos, Foster & Fields 831 M...-ket Street P.O. Box 222 Lcmoylte, PA 17043 Re: Mauk \'. Havduk and Glaxo Wellclllue Cumberland Cll, No.: 011-6049 Civil Dear ])i1ve: Plcase be advised the above-captioned action has sellled. Thank you for your cooperation in this ",illtcr, Should you have any questions, please do not hcsitale to eonlact me. ----- V ery tr~~~x~ur . -- .---,"-' RAS/mlb cc: Lawrence F. 13amne, Esquire (via regular mail) , ~ " Ll :(, NANCEY A. MAUK and ROBERT M. MAUK, her husband, IN TH~ COURT OF CO}!MON PLEAS OF CL~rnERLAND COUNTY, PENNSYLVANIA v. NO. 00-6049 CIVIL 19 JEFFREY P. HAYDUK and GLAXO WELLCOME, INC. RULE 1312~1. The Petition for Appointment of Arbitrators shall be substant~a1ly in the following form: PETITION FOR APPOIN111ENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard A. Sad lock , counsel for the plaintiff~ in the above action (or actions), respectfully represents that: l. The ab ove-cnp tioned action (or actions) is (arei at issue. 2. The claim oithe plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are wise disqualified to sit as ~nterested in the cnse(s) as counselor are other- arbitrators: Lawrence F. Barone, Esquire of Swartz, Campbell & Detweiler WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT 'J.. v. . "- (~ ,..,.., ( AND NOW, IJ'{~..) , n :ffifl0, in consideration of the foregoi:1g petition, ..Jf) tU<-ul~ Esq. , .K(}44~ ~ (, .;(00-'A#( /A<h- Esq., and ~~J'~ ~JJ4(~~/ ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. Res . 'ted, By t.~A,/t1rJ J ,,f/ j' ~iJ P. J. cc: Lawrence F. Barone, Esquire ~.n,~"~' co c....'- >- 1"- 7 ~~1~ ~~ "~ ~< (J? ;)J~ ;~ ....i~ i:l~~ ;:"1 C::~.:. ::: ..c.:.. -, .j o o J .:0 <d.J ~ ~ 01 rri ", .-j: .~ r-, " ' .,...... ;';' CUf:.!il3~:~; j CUU[\rry PEN '~SYL\//\r\!!\ \~ :'.Q ~~ r--~ 'Vb 1'- ....::::s:- ~~~: ^ .w. "",,"'~' 111 ~_~~~~_IillI!J'JVUI~!""""",,!,~,r;::~~iI'iIJltm~miji']5"i7I'J,,~,!!q'F--'_"iF'!''R%''f~':.'!'JJf,~;~!!1%'ftjj~~Tf":'''Y'~~~Pi@~:.,,,,,,;:., r~ii:i,~M , _V''''--''~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A. MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW v. NO. m - ftJrJl/f ~ JEFFREYP. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND Yoo 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 eI\Itering a written appearance personally or by attorney and filing in writing with the Court yotIC Oefenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and Judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Ilil '1\ i'i! Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 219139.1\RASIMLB II _H .~ - ,,~;. ,'~--',," ~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A. MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW NO. Q-O. (,,0'-/<1 c.w.u. T~ v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demaflda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona.. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por 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 DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DIRECCION SE ENCVENTRA ESCRITA ABAJO PARA AVBRIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. I II 'I , Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 II II ". "^--,"'~" ~ . ~_.~-_.. ~-"-, , ~ --,,,' '" "~-. -~-'-'e< <~_" "'~. " 0,."',",' , ' , -'(r"-'il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW NO. ,jC.("o<f9 ~-;~ v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Nancey A. Mauk and Robert M. Mauk, citizens of the Commonwealth of Pennsylvania are husband and wife, adult individuals who reside at 848 Deodate Road, Elizabethtown, Dauphin County, Pennsylvania. 2. Defendant Jeffrey P. Hayduk is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 675 Beinhower Road, Etters, York County, Pennsylvania. 3. Defendant Glaxo Wellcome, Inc. is a business with a principle place of business located at 3030 Cornwallis Road, Research Triangle Park, North Carolina 27709. 4. The facts and occurrences hereinafter related took place on or about September 4, 1999, at approximately 4:43 p.m. on US Route IS, Cumberland County, Pennsylvania. 5. At that time and place, Nancey A. Mauk was a passenger in a vehicle being operated by Allen E. Cole that was traveling southbound on Route 15. 218750.IIRASIPAS nr' >-. ~ -'.--> ~ "-'-,,, ,L' 6. At the same time the Cole vehicle was traveling south on Route 15, Defendant Jeffiey P. Hayduk was operating a 1999 Ford Windstar in a southerly direction on Route 15, while in the course and scope of his employment with Glaxo Wellcome, Inc. 7. At all times relevant herein, Defendant Jeffiey P. Hayduk was acting within the scope of his employment with Defendant Glaxo Well come, Inc. 8. At that time and place, the front portion of Defendant Joseph P. Hayduk's vehicle collided with the rear portion of Allen E. Cole's vehicle. COUNT I NANCEY A MAUK v. JOSEPHP. HAYDUK 9. Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by reference. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by PlaintiffNancey A Mauk are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Joseph P. Hayduk operated the motor vehicle in the course and scope of his employment for Glaxo Wellcome, Inc. as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to apply his brakes in sufficient time to avoid striking the rear ofthe Cole vehicle; 2187S0.1IRAS\PAS 2 " ! .",;;' . - ~. 0,,_ - ~ . ~ (c) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (d) failure to keep proper and adequate control over his vehicle; (e) failure to take reasonable evasive action to avoid the accident; (t) failure to keep proper watch for traffic on the highway; and (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT n NANCEY A MAUK. v. GLAXO WELLCOME. INC. 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference. 12. The aforementioned accident and all of the injuries and damages set forth hereinafter sustained by PlaintiffNancey A. Mauk are the direct and proximate result of the negligent, careless, wanton and recklessness manner in which Defendant Glaxo Wellcome, Inc. entrusted Defendant JosephP. Hayduk with the 1999 Ford Windstar as follows: (a) permitting Defendant Joseph P. Hayduk to operate the 1999 Ford Windstar although they knew or should have known that he did not have any training, experience and judgment to adequately control and operate the vehicle; 2187S0.1\RAS\PAS 3 II ~ '-.'-, ~ ~ - ~-. ""......,.~: (b) permitting Defendant Joseph P. Hayduk to drive the vehicle, although they knew or should have known that he was careless or reckless in the operation of motor vehicles; (c) failing to properly supervise Defendant Joseph P. Hayduk's operation and use ofthe vehicle; (d) permitting Defendant Joseph P. Hayduk to operate the vehicle although they knew or should have known he was not qualified to do so; and (e) permitting Defendant Joseph P. Hayduk to operate the vehicle in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I NANCEY A MAUK v. JOSEPH P. HAYDUK AND GLAXO WELLCOME. INC. 13. Paragraphs 1 through 12 of Plaintiffs' Complaint are incorporated herein by reference. 14. Plaintiff Nancey A. Mauk sustained painful and severe injuries which include but fi I are not limited to an aggravation of fibromyalgia. 15. By reaSon of the aforesaid injuries sustained by Plaintiff Nancey A. Mauk, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 16. Because of the nature of her injuries, Plaintiff Nancey A. Mauk, has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 218750.1\RAS\PAS 4 ,I ~ - "'I ,~ " '. -- -- ~~"' ,'.0.-___, ," -'; -".,;--L'. . (-'~ 1i1 17. As a result of the aforementioned injuries, PlaintiffNancey A. Mauk has undergone and in the futllre will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 18. As a result of the aforesaid injuries, Plaintiff Nancey A. Mauk has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 19. As a result of the aforesaid injuries, Plaintiff Nancey A. Mauk has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefore. 20. PlaintiffNancey A. Mauk continues to be plagued by persistent pain and limitation and, therefure, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM n ROBERT M. MAUK v. JOSEPH P. HAYDUK AND GLAXO WELLCOME. INC. 21. Paragraphs I through 20 of Plaintiffs' Complaint are incorporated herein by reference. 22. As a result of the aforementioned injuries sustained by his wife, PlaintiffNancey A. Mauk, Plaintiff Robert M. Mauk has been and may in the future be deprived ofthe care, 2187S0.11RAS1PAS 5 ~ ,~". , ' -, ~! .',',' "--" companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Nancey A. Mauk and Robert M. Mauk demand judgment against Defendants Joseph P. Hayduk and Glaxo Wellcome, Inc. in an amount in excess of Twenty-Five ThousaRd Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. .-., ANGINO P . Date: August 31, 2000 2187S0.IIRAS\PAS 6 j y-'." ,,-' '; ." VERIFICATION We, Nancey A. Mauk and Robert M. Mauk, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts sct forth in the foregoing are true and correct to the best of our knowledge, information and belief We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~V{( u htu(/C ncey A auk ~t~LL Robert M. Mauk Witness Dated: 2187S1.l\RASIMLB ~ 'c_, '. "'_ . ",_~"'-'ld,,,._''', '." .F";,.'.,", ,,'..: ".~" . ,!\o~k v '\~~I.Lb ~ Ir\" c'-l~_ L- 00 ~ 6o~'\' (, J I c_s S(i--1( 01 SF'JI. ",:?"'g,';-e,'''01:C''''-.d' . _,..A" <:L ~V,{l.. ...._~'J J 1--.~ - {l> (L;VI , /' 2-.'1 0 ~ 0/1' J ",,\r--;( J.v.\ ~ \ d <.. ;((. -....>-. ve-<'b." :;; ~ __c[~~c.. ____ry-~~~ t_l l"'-/ .(lla ~ ~ {y (r....uLv"- +- WL[,t e-(.{,)\..... l~ -\.'+_j-v.Ly - "?, c rk.l c{~ -\: 0 \<::E, -\.\.9.- ~..J..~' l<----<,v 1"~{ ::::;(~ ~ =#u~LJ + +d -1.. -e.M ~ \-CV -\ u ~ vou..,...$L .. . . .~".., -~".--,~~ .--' .- ,--j-,:,,--,,-" '''''''''')''';__{"<',i'''''''--:;'''';''~''~':.,;f;:'~ '; ,,-':F:<.Ii T"~"~_'_;'Y"'''O.'' ,~-,"'-'" -,...-.- H' -", ANGINa & ROVNER, P.C. 4503 NORTH FRoNT STREET HAIuusBURG. PA 17110-170S RICHARD C. ANGlNO NEIL J. ROVNER JOSEPH M. MELILLO TERRYS. HYMAN DA VlD L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA JAMES DEClNTI 717/23&6791 FAX717/238-56LO WWW.ANGIND-ROVNER.COM E-MAILlRSADLOCK@ANGINQ.ROVNER.COM March 26,2001 David 1. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, P A 17043 Re: Mauk v. Havdukand Glaxo Wellcome Cumberland Co. No.: 00-6049 Civil Dear Dave: Contrary to Mr. Barone's March 23, 2001 letter to you, I am not objecting to an IME. Rather, I am objecting to an !ME that takes place so far into the future that it significantly delays this case from proceeding to arbitration. Further, as Mr. Barone has taken no action on this case since January for the scheduling of the 1MB, he should not object to my desire to move the case forward. Additionally, absent an Order of Court, you cannot strike this case from arbitration. As I previously suggested to you, I would like to have this case scheduled for arbitration sometime in April or early May. That will force Mr. Barone to stick to a schedule and complete any discovery without further delay. Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me. / RAS/mlb cc: Lawrence F. Barone, Esquire "~ - ~~ Swartz I Campbell I Detweiler Lawrence F. Baroue Attorney at Law Swartz, Campbell & Detweiler 1631 North Front Street, 200 Floor Harrisburg, P A 17102 Pbone 717-233-3515 Fax 717-233-3468 E-mail lbarone@scdlaw.com Web www.scdlaw.com March 23,2001 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Mauk v. Jeffrev P. Havduk and Glaxo Wellcome. Inc. Docket No.: 00-649 Civil Our File No.: 76175 Dear Madam or Sir: I am enclosing the original and two copies of a motion to compel independent medical examination. I would appreciate it if you would file the original, forward a copy to the judge, and return a time-stamped copy to me in the envelope provided. Your assistance is greatly appreciated. Sincerely, SWARTZ, ~ By') ~. ~. ncwrence F. Barone LBF/jab Enclosures c: Richard Sadlock, Esquire David Foster, Esquire t/" Mt.laurel. New Jersey Harrisburg, Pennsylvania West Chester, Pennsylvania Philadelphia, Pennsylvania Scranton. Pennsylvania Allentown. Pennsylvania Wilmington. Delaware Media, Pennsylvania - &d:kl.!J.J.li SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants i NANCEY A MAUK and ROBERT M. i IN THE COURT OF COMMON PLEAS MAUK, her husband, i CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, . NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. Rule to Show Cause AND NOW this day of .2001, a rule is issued upon Plaintiff to show cause within twenty (20) days why the defendants' motion to compel independent medical examination with Dr. Lucian Bednarz at 10:00 a.m. on May 11, 2001 should not be granted.. J. ~~"m ~ -~ SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants i NANCEY A MAUK and ROBERT M. ! IN THE COURT OF COMMON PLEAS MAU~ her husband, I CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. ORDER AND NOW this day of ,2001, upon consideration of Defendants' motion to compehndependentmedical examination, the same is hereby GRANTED. Plaintiff is hereby ORDERED to attend the independent medical examination scheduled for May 11, 2001 at 10:00 am. with Dr. Lucian Bednarz in Harrisburg, Pennsylvania. J. - , ~ , ~ >, ~_~M~ .iil.(:-;.. SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defeudants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. DEFENDANTS' MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION AND NOW, into Court, through the undersigned counsel, come Defendants Jeffrey P. Hayduk and Glaxo Wellcome, Inc., by and through their attorneys, Swartz, Campbell & Detweiler and respectfully move this Honorable Court to compel PlaintiffNancey A. Mauk to appear for an independent medical examination for the following reasons: 1. This instant automobile case was commenced by filing a complaint by plaintiff on August 27, 2000. 2. Depositions of the parties were held on December 20, 2000. 3. PlaintiffMauk has indicated an extensive past medical history and treatment to the same areas of her body that are in controversy in this matter. 4. On January 12, 2001, defense indicated in correspondence to plaintiffs counsel that we wished to have an independent medical examination of plaintiff. -1- - ~- ,. ... S. On March 8, 2001, defendant requested dates from plaintiff on which she would be available for an independent medical examination. No response was received. 6. On March 16, 2001, defendant scheduled an independent medical examination for May 11, 2001 at 10:00 a.m. in Harrisburg with Dr. Lucian Bednarz. 7. On March 20, 2001, plaintiff objected to the independent medical examination in May, as plaintiff has recently listed this case for arbitration. 8. Under Pa. R.C.P. 4010, when the physical condition of a party is in controversy, the court in which the action is pending may order the party to submit to a physical examination by physician. 9. At issue in this case is whether plaintiff su~fered an aggravation of a pre-existing :;..., fibromyalgia. 10. The nature and extent of plaintiffs injuries is the sole issue for resolution at arbitration, as this is a rear-end collision and defendant has stipulated as to liability. II. This is a proper request, as such an examination is necessary to properly defend against the claims made by plaintiff. -2- -,,-;;;: ~ '-', WHEREFORE, Defendants respectfully request this Court to grant their motion to compel plaintiff to attend the independent medical examination scheduled for May 11, 2001. Respectfully submitted by, SWARTZ, CAMPBELL & DETWEILER B L en F. Barone, Esquire Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 DATE: 3/23/01 Attorneys for Defendants -3- '''; <-~~ " ~ CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, do hereby certify that I served a true and correct copy of the foregoing document on 3/23/01 , by depositing it in the United States mail, postage prepaid, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.e. 4503 North Front Street Harrisburg, PA 17110-1708 David Foster, Esquire 831 Market Street P.O. Box 222 Lemoyne, PAl 7043 PBELL & DET ~ ~ ." By: Lawrence F. Barone, Esquire Attorney LD. No. 68921 1631 North Front Street Harrisburg, P A 17102 (717) 233-3515 DATE: 3/23/01 Attorney for Defendants .-- -4- , N __ '" ' _,~ ~ <,_" , "' , 0'" ",---C,', Swartz I Campbell I Detweiler Lawrence F. Baroue Attorney at Law Swartz, Campbell & Detweiler 1631 North Front Street, 2nd Floor Hanisburg, PA 17102 Phone 717~233-3515 Pax 717-233-3468 E-mail Ibarone@scdlaw.com Web www.scdlaw.com March 23,2001 David Foster, Esquire 831 Market Street P.O. Box 222 Lemoyne, P A 17043 RE: Mauk v. Glaxo WeIlcome & Havduk Our File No.: 76175/0945 Dear Mr. Foster: I am in receipt of Attorney Sadlock's March 20, 200 1 letter to you in which he asserts that I have failed to take action in this case, causing a delay in the arbitration. Specifically, Mr. Sadlock indicates that the 1MB is not scheduled. This is erroneous. The !ME is scheduled for May 11, 200 I at 10:00 a.m. with Dr. Lucian Bednarz. Previously, on March 8, 2001, I requested dates in March and April when Mr. Sadlock's client would be available for an IME. I was not provided the requested dates and instead, Mr. Sadlock advised me to move forward with setting up the independent medical examination. I did so. Mr. Sadlock has responded by objecting to the IME on the date scheduled. I request that you strike this case from the arbitration list, as I have filed contemporaneously with this letter a motion to compel the IME with the Court. Thank you in advance for your courtesy. By ER LBF/jab Enclosures c: Richard Sadlock, Esquire Mt.Laurel, New Jersey Harrisburg, West Chester, Philadelphia, Scranton, Allentown, Wilmington, Pennsylvania Pennsylvania Pennsylvania Pennsylvania Pennsylvania Delaware Media, Pennsylvania , H Swartz I Campbell I Detweiler Lawrence F. Baroue Attorney at Law Swartz. Campbell & Detweiler 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 Phone 717.233-3515 Fax 717-233-3468 E-mail Ibarone@Scdlaw.com Web www.scdlaw.com March 8, 2001 Richard A. Sadlock, Esquire Angino & Rovner, P.e. 4503 North Front Street Harrisburg, PA 17110-1708 RE: Mauk v. Glaxo WelIcome & Havduk Our File No.: 76175/0945 Date of Accident: 9/4/99 Dear Rich: I have been authorized to extend a counteroffer of$3,500.00 in this case. I look forward to your response. In the meantime, please provide me with dates in March and April when Ms. Mauk would be available for an independent medical examination. Thank you for your attention to this matter. Sincerely, SWARTZ, C BELL & DETWEILER ,e-!3 ~ av.\rence F. Barone By LBF/jab Mt.Laurel. New Jersey Harrisburg. West Chester, Philadelphia. Pennsylvania Pennsylvania Pennsylvania Scranton, Pennsylvania Allentown, Pennsylvania Wilmington. Delaware Media, Pennsylvania -ilIt ANGINO & RONER, P.C. 4503 NORlH FRONT STREET IIARRlSBURG, PA 171HH70B RICHARD C. ANGINO NEIL J. ROVNER JOSEPH M. MELILLO TERRY S. HYMAN DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA JAMES DECINTI 717/238-6791 FAX 717/238-5610 WWW.ANGINQ.ROVNER.COM E-MAIL: RSADLOQK@ANGINQ.ROVNER.COM February 28,2001 MAR - 1 2001 ll€\l":; Lawrence F. Barone, Esquire Swartz, Campbell & Detweiler 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 Re: Mauk v. Havduk and Glaxo Wellcome Cumberland Co. No.: 00-6049 Civil Dear Larry: Thank you for your letter dated February 15, 2001. I am hopeful that the physician will now write a report. I will keep you advised. Regarding the deposition of Mrs. Mauk's son, I suggest you take whatever action you deem appropriate to locate him and to compel his attendance at a deposition. My only assistance will be on a r' oa date for the deposition. RAS/mlb 220269,1 IRASIMI.B . "~~~~ ,-. ~"'-:":'i FILE No.858 03/20 '01 15:40 ID:ANGINO AND ROVNER FAX:?l? 238 5610 PAGE 1 ANGINO & ROVNER, P.C. 4.0\ Nnnm Hl,tlNT ~nll:n H^RIU(lltJRI~.I'A l'}JhlI7l'R 1l1l~lI^,m(;. ANmNn Nm1.). ItOVN}!Jl. JOS~'H M. MEULh) 1"mlllY S. IbMAN f)AVIU L. f.UTl. M1CliA~L Ii. KOSIK JllCtlAttl1 A. SAnU1CK }n'tJ!IJJt M. I)OIU^ J^Ml~ J.)fl(:lNTI . 717/Zl8-071J1 l:AX 71 712 ltH6h.l WWW.j\NHfNIHUWNf.n,l;C)M fMA1Ll FAX COVER TRANSMISSION SHEET File Name/Numbers M:uA/OOI04 Date, __.~,~~!~.~Q1. 2001__ TOI Name -_.__.__.~-- ~.......... .'''',.'.'- David J. FORtel', Esquil'e 1----- I:awrenc~ f~ .13arone,..~~_(]!!!~ Firm/Company Costopoulos, Foster & Fields S~~!tzLfl.lm~ll & Detweiler City, State Lemoyne, PA .~-"'P'- .'.'_'___'__ Camp Hill, PA Fax Number 761.4031 - '~-'-_.'_." . '.. ...~ 233.3468 Fromr Richilrd A. Sadlock, ~s9..~_'!......_._.._ - _.~-_..,"'-_." ,_... x NO ORIGINAL TO FOLLOW ORIGINAl TO FOLLOW VIA COMMENTS. S,,,, .!!.d$:d. NOTE. This Fax transmission ron,i,'s of 2 pi'gC{S), this page ;" I1lllnlll'r I. II ynll <III nor ro~civr all of th.. P;'~(~S it\dk;:tICd, have any f.\Ue$clOn~ or Tf.!qllirc aSSiSl:ill\t.~t.~l plt'asc l'i"ll1 M,tr<.:v ar (717) 2.1R-6791. CONFIDENTIALITY NOTICE, The cont~nt. Ilf this facsimile me..ag~ i. llUnrney privileged and highly C('nfidenlial. directed only to the above named person. Tberefore. distrib\ltilln. utilitation or copyinll of tbis information by anYllne mher than the de.illmtt~d recipicm is srrictly prohibited. If yoU have erroneou.ly received lhis transmission, ~,I.I1S. n')lily us by telephone at 0"''''. F1LE No.858 03/20 '01 15:40 I D: ANG I NO AND ROIlNER FAX:?1? 238 5610 PAGE 2 ANGINa & ROVNER, P.C. "~HNtl,nllhl.\1N"1 SI1U.tl H^Hlu"'n\llH;. t~..\ 11\\\\,\7-$10\ 717IlJ~1)791 FAX 717/lUP;6 III ltll,'IIMUl C. /\J.It.INll Nl'lll1hWN},_l\ "n:-I;I'IIM. M~I,ILl.ll 'Ibmt' s. HYM.\N f),W/l}L.lllT'1. Mh:UAfil.1L KIlSIIC 1\h'lMi\n^. Shl)l,I)i~K JI)1\hVlIM.l\nTiI,(\ JAMH!'i DllCUti'n WWW.ANl;lNll.It~)\.Nt-:tI..\.\IM bMMh I\SAl'II"h'K~"NmN\HltWNV.It.\~ilM March 20, 2001 VIA .'AX: 761-4U31 David J. rostl'r. Esquirc Coslopoulos. Foslcr & Fields 83 I Markcl SlrCL'! P.O. Box 222 l.em1lyne. P A 17043 Ite: Mauk Y. HlIydllk lint! C;IIIXIl Wellellme Cumherlllnd Co. No.; 111I.6049 Civil Dear Dave: Quite frankly, Ihe l'laintifl\ should 11m have their arhitm!ioll deluyed simply hecmlse defense counsel chooses 10 sit idly by and Illlllal<e action on his case. I oller the, li,lIowillg cxample,s: .\ scUlemenl demand WllS semi on January 26, 20() I, yd, 110 ofler w'lS made until March 12, 200 I; Mr. Barollc lirsl raised the possibility of.1n IME on JanUilry 15. 200 I. yet, 10 dale, l10ne is scheduled; M... Amonc slIggeslc,d 1I11ecd lilr udditilllllll depositiolls on January 15. 200 I, yet. thcsc lOll hilvc nn! heen scheduled. Rather thun w.lil Il>r Mr. Hurone to linnlly luke aclion. I sllggesllhe i1rhilralioll he scheduled Illr u dute ill curly April. Thell.ll1uybc Mr. Barolle willlllkc aclion. Thank you. RAS/mlh ce: l."wn:ncc F. Barunc. Esqlllrc (vill /il." 233.3468) ~ - "'-,"<,l-- - .-;_.'0-'-- - ';,- ,"i::"'- - .~,:'" ,'-;- Swartz I Campbell I Detweiler Lawreuce F. Baroue Attorney at Law Swartz, Campbell & Detweiler 1631 North Front Street, 2~d Floor Harrisburg, PA 17102 Phone 717-233-3515 Fax 717-233-3468 E-mail lbarone@scdlaw.com Web www.scdlaw.com March 19,2001 David Foster, Esquire 831 Market Street P.O. Box 222 Lemoyne, P A 17043 RE: Mauk v. Glaxo Wellcome & Hayduk Our File No.: 76175/0945 Dear Mr. Foster: I am in receipt of Attorney Sadlock's March 16th letter and am bewildered. While it is true that I did serve Mr. Sadlock with notices of intent to serve subpoenas in January, I also received from him on January 29, 2001 a letter indicating that before we take depositions and go to the expense of getting the medical records, we should attempt to settle the case. Based on that letter, I suspended my efforts to obtain the rather voluminous past medical records of Ms. Maule I then indicated in a February IS, 2001 letter to Mr. Sadlock that I would like to take the deposition of his client's son who was driving plaintiff s vehicle at the time of the accident. As Ms. Mauk's son lives in Virginia, I requested Mr. Sadlock's assistance in determining whether Ms. Mauk's son would voluntarily present himself for deposition. Mr. Sadlock has recently informed me that he will provide no assistance and I would need to pursue Ms. Mauk's son through whatever means I felt necessary. I also indicated to Mr. Sadlock that I would like to have independent medical examination performed on his client and requested dates on which his client would be available in March and April. In the meantime, we have responded to his demand and are presently engaged in settlement discussions. Moreover, on January 12, 200 I, I sent Mr. Sadlock a letter indicating that we wanted to take the depositions of not only Ms. Mauk's son, but also the ambulance crew, the police on the scene, and that I wanted to set up an independent medical examination. To this end, I don't understand how Mr. Sadlock can represent to you that all discovery is complete. Mt.Laurel, New Jersey Harrisburg, West Chester, Philadelphia, Scranton. Allentown, Wilmington, Pennsylvania Pennsylvania Pennsylvania Pennsylval1ia Pennsylvania Delaware Media, Pennsyivania .~-- ~ c _ ,_ .'-,:/":': ~< < : - ;,,-, David Foster, Esquire March 19, 2001 Page 2 Mr. Sadlock's listing this case for arbitration was premature. Should you wish to discuss this further, please do not hesitate to contact me. By awrence F. Barone LBF/jab c: Richard Sadlock, Esquire __ I> ~,,- - .' ~::; M E M o R A N D u M To: David Foster From: Ami Gelbaugh Subject: Mauk v. Hayduk Arbitration Date: March 14,2001 David - per your direction I contacted all parties in order to set up this arbitration. Julie Barnes, secretary to Defense Counsel Barone, advised me that discovery has just started in this matter and they are not nearly ready for arbitration. Shortly after I spoke to her I spoke to Marcie, secretary to Plaintiff s counsel, she stated that that was "their opinion," meaning the defense, but that she would speak to Rich Sadlock and call me back. At this time, all scheduling is on hold until counsel for the parties make a decision as to what they are going to do. A~',- c.-\\ ,,"<:-L.-.J , ,\\ l\ru~"""" (.....,i,\<l<...!r.......- I~ (.,~ (.CFll ~(""v(.lv--Jl.'1 ~U~WJ.. ~ __..l'" (,..--... :s. v.. CIJV.-~ "~"^~\ ;. ~ \c:t.. '\ "'^' c- vJV~~e;...... \t-~~",-~ ri ..,~ \ \"'J -D~ i..... . ~ ~ ,,,,-lWJ.- d ,if ,~.... 31Ibl(}I@9:58'-~~@ c-. ir~~ Rk FILE No.Wl 03/15 '01 12:24 ID:ANGlt{) AND ROVNER FAX:717 238 5610 ANGINO & ROVNER, P.C. 4st.l) }\Jt.1l1TI,.'lUlNl'S11lUT tllJutI!iDURC.J'A 11'll\.11~'" Ru.'n.;uo C. ANr.INO J>ll!IL). !toVNllR ]On!llU M. MEULW 'n~rtRy s. HYM^N DAV1tll.. t.Ul"t il1l1Jtl61" III\X717/21lHfilIO WWW.AlIIt;INn.RIl\.NEI\.lUM t;.~fArlf FAX COVER TRANSMISSION SHEET File Name/Numberl M,lllk / 00104 "----"-'-i PAGE 1 M1CIIA1!L Ii KOSI1( flIL'MA)\1) A. SA1'>>.m:K JO"'I:I'11 M.- DoJlJi\ JAMeS Dl!CINTI Datel March 15, 2001 TOI David]. Foster, Esquire l-awrenc~..F. Barone, .:Esquire CostopoUl08, Foster &. Fields S~al'tz, Campl~.e!L& Detweile..r Lcmoyne, PA Harrisb\\l'~,.p ~ 761-4031 2I~.3466_ Ri,Ehard A. S~~lock, Esquire Name .... ....,-.,......- Firm/C,)mpany City, State Fax Number Froml x NO ORIGINAL TO FOLLOW ORIGlNA1. TO FOLLOW VIA COMMENTS, NOTE. This h.x nnnsmission l'unsists of 2 pagt'{s); Ihis l,age i. I1UII\I>ol 1. If you do tin! leceive "II or rhe pages ,,,,\ican,,l. h,\Ve any questiuns or require ;lSsistance" 1'10,,.,, rail Mnfl:y al {717> 2111-6791, CONFIDENTIALITY NOTICE. TIle contenf8 of this facsimile messal.le is lltt"rt\CY privileged and highly confidential, directed only to the ahove n8nwd person. Therefore, distribution, utilization or copying "! this inforl1\lltion by anyone other than the de.lignated recipient is strictly prohibited. 'If you have errllnelmsly received this rransmi..,on. please notify us by telephone at once. ,-.~, '" -b- _,C_",,-_C__".""_''''';':'d --"-"''i~i;- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A. MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW NO. 00-6049 Civil v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certity that on the September 5, 2000 day of September, 2000, a true and correct copy of the Complaint, Civil Action No. 00-6049 Civil was mailed to the Defendant Glaxo Wellcome, Inc., via certified mail, return receipt requested at 303 Cornwallis Road, Research Triangle Park, Raleigh, North Carolina 27700. A copy of the certified mail receipt No. 70993400 0008 6631 9315 is attached hereto. iif4~~O~A Mar L. messe ACCEPTANCE OF SERVICE This is to certity that on the 11 th day of September, 2000, a true and correct copy of the above-noted Complaint was served upon the Defendant Glaxo Wellcome, Inc. via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No. 7099 3400 0008 6631 9315 is attached hercto. ~~~fjr~ HOTAIIlAL SEAL \r.lIo A. Ni')Wf.RY. Holary Publle 2031ti..~~""" Co'JOlly. fA My ~ Illlpi.../Itay 6. ~ ~ ~ - - ~- ~-_.''i1 .. '" ..... IT1 IT' ..... IT1 ..lI ..lI co C c t:l Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) postmark Here q/sloo c C =t' rT1 Name (Please Print Clearly) (to be completed by mailer) Total Postage & Fees $ tr .StreiiCAjifTvo.;-or-P6-Bo;-No.nnnnnnn----------nmnnnnnnn-----____n_____ IT' 3030 Cornwallis Road ~ -City:siatti:zip:j.:rnnnnnnnnnnnnnnnnn-----------nnnnnn----------__,n_ ... .. plet~~ems 1, 2, and 3: Also complete ile1114 if Restricted Delivery is desired. .' PriMt your name and address On the reverse Qe that we can return the carel to you. . .MIlIch this card to the back of the mail piece. .0r 0n the front if space permits. 1. Article Addressed to: Glaxo Wellcome Inc. 3030 Cornwallis Road Research Triangle Park Raleigh NC 27709 D. Is del' ry address different from item 1? If YES, enter delivery address below: o Agent o Addressee DYes o No 3. Service.Type Q( Certified Mail 0 Express Mail o Registered ~eturn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Numbef; (Copy frohii.teiVia8. f~~/) 7c;9~ 3400 0008' '663iJ. 'hi5 j ; PS Flilr'" $8'11 , J_ly 1!l99 o<>",..tl<: I'letum _pi i -'!>' 102595-9e-M-1M ---" '. _.~" ~"""''" "_u_'.__,., ,.. CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.e., do hereby certify that I am this day serving a true and correct copy of AFFIDAVIT OF SERVICE/ACCEPTANCE OF SERVICE on the following via postage prepaid, first class United States mail, requested addressed as follows: Lawrence F. Barone, Esquire SwlUU, Campbell & Detweiler 163 I North Front Street, 2ND Floor Harrisburg, P A 17102 ~~J &,nfAMA - . Btymesser Date: S~tember21, 2000 219279.11RASIMLB li .o;;-,,~"-i! ,,-.- d_ .(~- J_ ~. ~ . ',' ~.. '4""0~'''';;'''';;'' &.> . ~ -C,..' _~', ''';'-;''';;-..J>.-'-- -,----,-, . 0."'Y'W'" C-~'-"_..~~ .,x~ ."~~ ." , ,~~,..- .. ,- .~~- .' , , , -~ , ~" - <,'. , .''''"' , ~~: i../:; -:~ ~"- ~. ~ c ~~ o C' ~.I) ;-4" :'''0 N 1'.; ,~ '<'. r) ~ ...4 ~.ri;P \~!~ ~.'D ~.,' -~~ ,~~{; .~~~ :D -< ~, ....:'" >J (::::' ~ _H_ Jti::' ... SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants I NANCEY A MAUK and ROBERT M. ! IN THE COURT OF COMMON PLEAS MAUK, her husband, ! CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, I I I NO. 00-6049 CIVIL I I , i JURY TRIAL DEMANDED I I I I I , , , I v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE TO PLEAD You are hereby noticed to file a written response to the enclosed new matter within twenty (20) days of service thereof, or a judgment may be entered against you. DATE: 10 -Ii -00 Attorneys for Defendants -1- -~- ~ ~ ~" , -, Il'J' SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, v. JEFFREYP. HAYDUK and GLAXO WELL COME, INC., Defendants. i , : IN THE COURT OF COMMON PLEAS ! CUMBERLAND COUNTY, PENNSYL VANIA , , , : NO. 00-6049 CIVIL , J I i JURY TRIAL DEMANDED , , I I I I I I I DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, into court, through the undersigned counsel, comes the defendants, Glaxo Wellcome, Inc. and Jeffrey P. Hayduk, who, in answer to the complaint of plaintiff, respectfully represents that: 1.- 22. Defendant denies generally the allegations of the Complaint under Pa. R.C.P. 1029(e). NEW MATTER I. Plaintiffs have failed to state a cause of action upon which relief can be granted. 2. The applicable statute oflimitations may have expired prior to the institution of this action. -2- - " r 3. Defendants were not negligent. 4. Any acts or omissions of Defendants alleged to constitute negligence are not a substantial cause or factor of the subject incident and/or did not result in the damages or losses alleged by plaintiffs. 5. The incident and/or damages described in the plaintiffs' complaint may have been caused or contributed to by the plaintiffs. 6. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of damage and/or injuries alleged to have been sustained by the plaintiffs. 7. Plaintiffs may have assumed the risk. 8. Plaintiffs may have been contributorily negligent. 9. The incident and/or damages alleged to have been sustained by the plaintiffs are not proximately caused by the Defendants. 10. The plaintiffs may not have properly mitigated their damages. 11. Plaintiffs are precluded from any non-economic damages, because of their selection of the limited tort option under the P A Motor Vehicle Responsibility Law, coupled with the fact that their injury is not "serious." -3- ,-,," c "~ " . ~ . WHEREFORE, Defendants deny any and all liability to any party to the within litigation, in their favor. By La ence F. Barone, Esquire Attorney LD.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 \ C ' 6 ~ 00 Attorneys for Defendants demand that the Complaint against them be dismissed with prejudice, and that judgment be entered DATE: -4- 0"' ~ " ~. -~ ",",' ~:fu . I, Lawrence F. Barone, Esquire, being duly sworn according to law, depose and state that I am cOlmsel for Defendants Glaxo Wellcome, Inc. and Jeffrey Hayduk, that I am authorized to make this Affidavit on behalf of said defendants and that the facts set forth in the foregoing answer with new matter are true and correct to the best of my knOw. Lawrence F. Barone \C) . S .CO -5- -- ~ ~"~--,,-,s . .' CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, do hereby certify that I served a true and correct copy of the foregoing document on '0." -00 , by depositing it in the United States mail, postage prepaid, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, p.e. 4503 North Front Street Harrisburg, PA 17110-1708 & DETWEILER By: Lawrence ne, Esquire Attorney J.D. No. 68921 1631 North Front Street Harrisburg, P A 171 02 (717) 233-3515 DATE: 10-$.00 Attorney for Defendants -6- ~..-.~, , ' . I'd!; ~ c ~ ,_ ~--m.*'~Il!!Mr]j..i:Jlil[u ~~ ~_,~ '0 ~ '~IIIafO!i'B"ftliliMi'l!\;!F!II!i~J.t~.!L:u~!ilii! F -~, ~ ~''''.~~. .,,_~o~~,,~~ -~~ ~. c~ -~-~"'''''''- ...;,,;"". ~ - c' 'it:,: . . 0 0 Ci C 0 " :s: D cJ,I " ~--;-1 rnrr -I .. Z::C , ~>: , ~~ \..0 ~ , C) ~Lj ~': " ZC.' J.. ~~~ 5>~] lD L_ ;::~ Z r,-, =< :D -< ^-<, ~- - - v_ ---"",,-, '-"'.'~-"'-P ''''''-'''-'~~",'~~'.' """,,,-ll_"_,i,' '-<I..we,"_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NANCEY A. MAUK and ROBERT M. MAUl<, her husband, Plaintiffs CIVIL ACTION - LAW NO. 00-6049 Civil v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 1. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs' Complaint does state a cause of action upon which relief may be granted. 2. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs' Complaint was filed well within the applicable statute of limitations. 202813.1IRASIMLB ~~~1 ~. r' '.' '-, .', -.' . '.' '-'\~.""-'," ,-_,..,''''''",'.d~''~'~',''''^'''_''_' ,', l~WY 3. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. AIl of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 4. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the Defendant do constitute negligence and were substantial causes and factors of the subject incident and did result in the injuries and losses sustained by the Plaintiffs. 5. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, PlaintiffNancey A Mauk was not negligent in any way. AIl of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 6. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there were no intervening or superseding causes. AIl of Plaintiffs' injuries and damages are recoverable in the instant action and were caused solely and directly as a result of the negligence, carelessness, wantonness, and recklessness of the instant Defendant. 219279.I\RAS\MLB '~', -""""0" .-u M_~ 7. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs did not assume the risk of their injuries. Further, as previously stated herein, PlaintiffNancey A. Mauk was not negligent or careless. All of Plain tiffs' injuries and damages aTe recoverable in the instant action. 8. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff Nancey A. Mauk was not negligent in any way. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 9. Defendant's averment is a conclusion of law to which no responsive pleading is required. . To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's negligence was in fact the proximate cause of the damages sustained by Plaintiffs. Further, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 10. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, where appropriate, Plaintiffs properly mitigated their damages. 219279.1\RAS\MLB ,-,~"-,~_-"__"_n""<_'_"',"'~" '''1'''-'''';'''''' - - '1,'-' ,~-~.,...,;., - ~ --j:,j,i~",,,,,;:,,;1,';" '-- ,--~~:..,;i>" 11. Defendant's avennent is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Plaintiffs selected the full tort option on their policy and is, therefore, entitled to maintain an action for non-economic losses. Further, Plaintiff Nancey A. Mauk did suffer a serious injury. Plaintiffs' Declaration Page is attached hereto as Exhibit A. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. ANGINa & ROVNER, P.C. Richard A. Sadlock, Esquir LD. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: October 12, 2000 219279.IIRASIMLB I,~.J $:-ate Farm r,,;utual Aulomobile Insurance Campan' - OneSta1e FarinOr ~ t Concordv{{{e (JA fg339 ~ AUTO RENEWAL , ,~ o C B 6664300-D07-38F POlley PERIOD APR071999 to OCTO? 1999 Your pOlley has the guaranteed renewal endorsoment. DATE DU LEASE PA THIS aUNT THIS IS NOT A BILL. Your premium has already been adjusted bylha following: " J" " 554Q -3568 MA~K" ROBERT M & NANCEY A 84 uEOD T RD EL ZABET~TcrWN PA 17022-9008 Premium Reductlol1s(by vehicle) 1 Multiple Line 1 Mullicnr 1 Antitheft 1 Air Bags 1 AccidentFreQ 28.98 49.60 2.73 13.32 42.21 1".III."UI'"IIII,IIII.II.I..II,"lIull..I"IIIII..I.I.I..1 Your prsmlum Is bastJd dn tho folfowlng. ".' If not COmICt, contact yaurag/Jnr. _.\:,~(CJ:g~;;V.E:*q_(I!:~esp.~!f?no.t!~~~iR~:W.v,SiIi;,~ ~~~~119.i-{'~u_~~iW, 1 1995..CHEVROLETLUMINA 2G1WN52MOS9341828 ,"~_~Y\E,RA~~,\~~~t~'At~~11~~'~~.f~::~(f~I;~t~I&~,,~}~ii}k~~;\:1ti~ ~_p'ij~MI~~ff!!F/ff~:~~~~;~'4t~~~wf:?..~~itJ~'~%t.i~~f7-; See poli for explanation of coverages. Vehicle 1 ,,~'t:::':;ii.CI!"r;jabmty;Sd.QiIY.;[rJjlUYA.OO;!1P.ol~Jl.D:~Q.Opfu;~~~~'I!:1m~t1 J~~~,,5S,;I,2:_: ~L~'<it1~ ",~.jwti:ii1;<~;;'~+i.; "~:.K~:,r:, 1"-':"'~'l'7',,..-rr'''''~;'~~Y.PE;tu.~9~.J,gt?P~'rr,,,,,,,,,,~-q~,!;~~..i\'1"i~ -,Jp~'~J!li!e~ '~"'''-'-'~' ~~_"""'€f""=. .,.,.,....="""':1 ',F.S~;iM.,'';:fl.1nerilJJ:leilerrtli-:;2;5vj)..~\~~.:lW'!;!,t,'~~,,;:~"f~;~ SJ-,-@l'iJ,;\S:.f~',4-,,-. ~~*~,...,lI.,<: 1_.,':<tt"~.4i:'-,~:\-:::i 1;;:~~~}Jt'!.J.~' C2 ~ _..,f\1edj~!l! F'_~ym~~Js 1 O,Q:,099." _ . ,_ ~ ~,_, " , , _ ",~9' ?_~. ~ _,', '~~__',_ ':'o,',"'~,~'i'li "'0,0"0'-"0'.",'1 ''''....:!?"..."'-.J.Ll..:';t-''IT"'~'It'':,1I:':~'"'''\,,t!<->,. ."", ,,,'.'~'J;'m''':~?,}''''lip::'!,lf' .;;r,J~. ;,..~""7"'8 .", ,.~.'I'.~.Fe \:w:;;r"l" '''''',''''''''''", ~~::~j ). o.l..~i.i.. e 1.1.... a.'\.<Umpr~f.I<;lUj;Jldf.a.:J:.!iIi;.!;:;;':~M~""'"' ":~l.~~..;.r. .1i.I;",';:~";lWi'~\l,,-,,.,,~(, ,",~~% 'G '100' Deductible"Collision ,-, - . 1051.83- '-- ',"""""" . " .::'8i~1t&i~zEm~iI:fo~80:1fcL&;M~7~I!~1~U~~~S"~Ult ~ii~~:;:!Jm ~S~;.:Z:~r,":'1'/i,'7f-!'IJ.":r.J~.',,, tA,..~/i~'...!lm','~iffi.!lY~F~eBd.\!!!~"'==~""""""'.._""';t9.,~ -"" ~._- "1lt;:;.':'3 ~:~U,~'ill-:.'!id.Ul1lnailre.a.uv1010IJSw;lQ ily)uIJu(y.;...5;1100/~V,O.v~~ti~'Ti~'" '~;.:i:2u,iI1E,'-'- ". ,,~: ~lilli~-t::,;fjiij.iit.""~ ,,': ,.W,,,,,,,,, u.m:f.l!ct!1~y.~_cjM.o '.!ItBocill,,!l:'ljl,l.~)5..q-PPJ30JPO _,~_ lp.?.o... ,.=, ~i[~~:~.~~~a=:~'~=:f~~Ml~~~lJm~~~~~".!~~;>J'~f~*~ ~,~,:'li ~..:H~~r:(F""~ ....;7...,:~~ ":,.,~,,tc -i1,::;S&'~~,'i:"!J"N>rh'-'~,f.!;W' ~"" ., "'~"'''I,ii.'-''.' ~~';>'P,~;U_14O -~'~~,f_....~ ,., ,:. _, 1 ::'~._".-..,.. ~ " .." ..,",.)l'-~." .',-, ~"''' ~(C~....<~'b".;;:e.:.L:,;...",:;.~1a' .......~........""......:;:!-..,,~""""~.,:r., ...', ~,"-"",.-.v.~, . _,' "''''''_'".., '" ,~~,.~... ....,.,S"".;f(;::r"'w. --. . lotaIPremiumPer\fehlc\e 289.50 . ,. ',n.:"',",'i' THIS POLlCY PROVIDES FULL TORT OPTION. The laws of the Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase liability and first-party medical benefit coverages. Any additional coverages or coverages In excess of the limits required by law are provided only at your request as enhancements to basic coverages. The premium for basic liabIlity coverage of $15,000130,000/5,000 and medIcal payments coverago of $5,000 is $86.73. ~,r!ittiv"'-F la~-~tvt<~. Agent STEVE HECKMAN Telepllone (717)367--8878 IF YOU ~AVE ANEWOR or~~~~~~E~'t~E~G'ENJr~RIVEFlSI OR HAVE MOVED, See reverse sidtt for impottant infomralion. P(ease keep this part tor your record. ~ N01E: DO NOT PAY _PREMIUM BILLeD 7HROUGHTHE STATE FARM PAYMENT PLAN ~U PLEASE PAY AMOU THIS IS NOT A BILL Fo'~~~c~~~~l~~ ~~~erfon~. agent 1309000007 State Farm Insurance Companies 028131RD13128 , 'f10FFICeU$I;ONLy131VJ 3568-378 MUTL VOL 554Q REP DT 03-03-99 PPDT 05-17-99 809909700000000 638500666430011113> --~. -- " ~ "''''. b"'. ~..~<"" '_'~"'~" ",~,__,._"".~,.,..,---, '_,._"',, :--'\.:';'-',-1 VERlFICA nON We, Nancey A. Mauk and Robert M. Mauk, Plaintiffs, have read the foregoing PLAlNTIFFS' REPLY TO NEW MATTER and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A Section 4904, relating to unsworn falsification to authorities. ~fM~~O~A Wit ess ?!~ 4{]z~~ Nan yAMauk! ~ JJt11J1t-L Robert M. Mauk ~f+P/JMA-- Wltn Dated: 16!t.;;(o() 218751.l\RAS\MLB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO NEW MAlTER on the following via postage prepaid, first class United States mail, requested addressed as fallows: Lawrence F. Barone, Esquire Swartz, Campbell & Detweiler 1631 North Front Street, 2ND Floor Harrisburg, PA 17102 \-tll1~~~~ y L. rymes Date: OGteber 12, 2000 219279.I\RAS\MLB " ~ 11 " - .. ~~__~_O~ "to -< ,-- ,',~ ~~-, .. ., ,... ~ - ..., u ,~ " ,~ ,.,,- C) C~ 0 s~ C:..I ,) ':-.J: --J -c; . "") Q', , --.'1 1-: -- ~~ , , ~ 'r~ 9 .. - ~ ( , ~.' , .. ( ~~? r: -',::1 -~ -'n C) ;::0:-:; ,"-,I Co t"--) C_) rTi )> c- .--j ;~ ',:-1 -r-;~ .::0 =< en -< .. J; ~ .. 'Jd ~ ~--" ~ " > , ~ SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants v. i ! IN THE COURT OF COMMON PLEAS ! CUMBERLAND COUNTY, PENNSYLVANIA I I I : NO. 00-6049 CIVIL , I I ! JURY TRIAL DEMANDED I , I I I I I I I NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, Jeffrey P. Hayduk and Glaxo Wellcome, Inc. Submitted by, SWARnAMP~-&~ILER Byr~~ > ~~ Lawrence F. Barone, Esquire Attorney LD.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 DATE: OJ -l~ -00 Attorneys for Defendants -1- ~ . .. CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, do hereby certify that I served a true and correct copy of the foregoing document on q. 1 '6 . 0 0 , by depositing it in the United States mail, postage prepaid, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 SWARTZ, CAMPBELL & DETWEILER By: Lawrence F. B 0 squire Attorney J.D. No. 68921 1631 North Front Street Harrisburg, P A 17102 (717) 233-3515 DATE: 't (l'6I00 Attorney for Defendants -2- '"c....', ;~" .~-,hil!!l!1~lIl~~~i'li~lliili]:l~fIT-~."-,. ,','. I~ '-".;~".;.~'_"> -'~'iiiliWllI!!& -.' t '1 H f.J i-I 'I I " iJ " Ii lj II ;J il "'2 0 .. D 0 .... s.: U> .-1 -om rt1 ;~~ ~rr: -0 ;:r, t;t;:: '.0 i"t'. <,~c} L.. "::::C -0 :::-;:1 ~r-, ---'" -{l ~o :3; ~4'(:) 5>8 r:-: 6rii ~ ;:- ?6 -< n ,e." , ~, " ^._^. , - ~ .-.......-~~ " V1P~ ~t ~'"-- ~ ~^" " ''''''''', SHERIFF'S RETURN - OUT OF COUNTY CA:f>E NO: 2000-06049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAUK NANCY A ET AL VS ~YDUK JEFFREY P 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: HAYDUK JEFFREY P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 21st , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York County 18.00 9.00 10.00 30.40 .00 67.40 09/21/2000 ANGINO & ROVNER SO~~ R. omas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ';5'& day of ~;r~ .2{)v-o A. D . ~ a. hi, it?,. ~ <.P;i4. prothono ary ---..------ . COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 . 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN . """ "'" , , , ..... ........ .....N...S..T. R.....U... ..C.T.... O..N.. S. . ................."."..."."........., .... ",,,,,,,-,- --"", "'" , " " ..::j~.:1~fll$~:nPE..:oNtyl..N~..1....tq...1.2j...... .. .:?...qQ~P1'J;J~~A,~HANY.~OI=tIES ......... 2. COURT NUMBER 20-6049 Civil 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint 1. PLAINTIFF/SI Nancy A. Mauk, et. al. 3. DEFENDANT/SI Jeffrey P. Hayduk, at. al. SERVE { 5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Jeffrey P. Hayduk .. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. NO., CITY, BOR'7 TWP.gSTATE AND ZIP CODE AT 675 Be~nhower Road, Etters, PA 1 31 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ~DEPUTIZECum~er~itl 0 1ST CLASS MAIL 0 POSTED 0 OTHER NOW 9/5/00 , 20 _ I, SHERIFF OF Xl8lRK COBTY, , do he~ebY d ~ze the sheriff of York COUNTY to exec~ ~and~e r 'e ot.according , to law. This deputation being made at the request and risk of the plaintiff. ;;Jf;' ..; <~ '- ~ SHERIFF mflSI~OUNTY Cumberland OUT OF COUNTY CUMBERLAND 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSlST IN EXPEDITING SERVICE: ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sherjff levying upon or attaching any property u-nder 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 lass, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY J ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED RICHARD A. SADLOCK, ESQ. 4503 N. FRONT ST.. HARRISBURG, PA 17110 (717) 238-6791 9/1/00 12. SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (ThiS area must bs-c-ompleted If notice IS to be mailed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USEOFTIiE. SHE8fFF ..Q()~Ol' WR.iTE. BELOW. THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date oc complaint as indicated above. J. LUDWIG 9/6/00 1.0/1/00 POSTED { POE( I OTHER ( SEE REMARKS ~ :>- 41. AFFIRME 44. Signature of Dep. Sheriff 45. Signature of York County Sheriff WILLIAM M. HOSE 46. Signature of Foreign Coun Sheriff URN IGNATURE 47. D1T!. J 'J-oO 48. DATE 42. day of 9/15/00 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK. Attorney 3. CANARY - Sheriff's Office 4. BWE . Sheriff's Office '"~n2DEi'ji'<<,:-; ~, ~::: '--.-".. ! r c."" t," riCE Or ,<: Lif.";;, ' ..Ji1'_'"q YORK Of, ; i,," "00 i(~EP B Pf! 2 12 . , {ocA ,.~ COUNTY OF YOR.K OFFICE OF THE SHERIFF ., . 28 EAST MARKET~t.. YORK, PA 17401 SERVICE CALL (717) 77l-'~601 SHERIFF SERVICE PROCESS RECEIPT, and AFFID~VIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 1 ~ PLAlNTtFFl~J Nancy A. Mauk 3. DEFENDAl'lTlSl 'Jeffrey P. Hayduk, et:.. al. ;\IC;~ :_,--:c &- ,_~:-:-~;t, __1':.11' { 5. NAM. E OF-INDIVIDUAL COMPA~'(, CORP_ORATION, ETC. TO SE.RVE OR.D.I~SCRIPTION OF PROPERTY TO aE LEVIED, ATTACHED, OF! SOLD. fetr~ey P. Haydu~ 6. __API?RESS (STREET OR RFO WITH ~ox NUMa~_~. APT. NO.: CITY!"BORO) TW,P.<-"STATE AND ZTP CODE ~ .~) BClnhower Road, ELcers, PA 1 J.!---:) 2. COURT NUMBER et. a1'. / / I r ,- .I - ;-l_;;;~--,.j - 4. TYPE OF WRIT OR COMPWr;IT SERVE .. AT o PERSONAL 0 PERSON.'N CHARI>E )l(DEPUTIZE":umJ:tC];R.J~ls 0 1ST CLASSMAIL 0 POSTE[Y 0 OTHER f n 0 ,20 _ 1,'SH~RfFF OFYOF\K COUNTY, PA, dohereby deputize the sheriff of . c.O 'v n H ~ ". :""j~.' ctiDl'tr?1b'e:XjfCU]ilhisWlital'1.9ffiake):elurI'~Q8!e<:lI<lc~orcJing . to law. Thi!> deputation being made-at the request and risk of the plaintiff. - - t . , B. S~ECIAL INSmUCTIONS OR OTHER INFORMATION ~J:'/lILL.8S.sIST IN EXPE.OJt/N().S~RVIQJ;: 7. INDICATE S'ERYfCE: NOW SHERlFF QF'YORICCOUN1Y ;';u~lluel.~..: -Inn OUT OF COUNTY CllMBERLl<..ND ~ fEE PAiD BY ClThA.BERLA!iP COUNTY SHERIFF NOTE ONLY AP'PUCABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHM.AN . Any deputy sheriff levyfng 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 lJability on the part of such deputy or the sheriff to any plaintiff herein for anyJois, destruction, or removal of any prop_arty befo~e sheriffs sale Thereof. _' ..- 9. TYP~;~ A~~REf~fZ:rt,N~~R~~)NATOB: a~c! ~J~l'!ATU~~_~__ >~r- ..:c~ -_-: ~ ~~_._.. - ~~. .;"" 4 03N. F . ISBIm:;, PA. 17110 j /. ' j 12. SENO NOTJc.~q~_,SERVICE CQPY NAME AND ADDRESS BELOW: frills_area must.be:~C9JTlPletea.if notice is _to be malleg). 10. TELEPHQNE NUMBER c~. C 7. -, ^^~ -~9. I l. II .1.,.)':--,-0 I _~ 11. DATE FILED ~.ND COUNTY SHE;RIFF.. .. . ..... ,~&~~~_::i,;:'Jl"AC~ B!l:I.(jW FOR U$EQF l'HE$HE'RIFF ;00 NOT Wl'Il'i'EBElQWTMIS LINE... . 13. I acknowle:Oge receipt of the writ . 14. DATE RECEIVED 15. Expiration/Hearing Date or complail1.t 8S indicated above. J. WOOIG____ ~1.' 5j 00 0 I : / ii, I . REsrOENCE ( ) P'OSTEO ( OTHER ( SEE REMARKS Int. , , }' " T .I ,-- -.- ~ ." 23. Advance Co_sts Check No, lOu .o.n 40. Cost Due or Refund 44. Signature of Dep. Sheriff 42. day of SEPrS.~i}2R- .20 {10 43. 45,cS~~g~u~~~r:Ork , - - - _':AOTH9'1NOI~Y . ,i\-." H\ -,..:~.' /' __; ./loJJ~ _j--')..- J,: ~~');/:>1- .;[-;;;~ 46,cS~~~atus~e~~:orelgn 50. I KNO.. GE RECEIPT OFTHE SHERIFF'S f\ETU.RN S!GNATUR~ OF AUTHORfzED ISSUING AUTHORITY AND TrfLE -: _ -. -. ~- '5th 47. DATE 41. AFFIRMED and subsc'rlb_ed to_before me this 48. DATE 49. DATE 51. DATE RECEIVED 1. WHJTE . Issuing Authority 2. PINK - At10rney 3. CANARY: Slleriff's OffiQ:6 4. aWE ~ Sheriff's OffIce _p'''''' __,::';;...~~"'ill".'~ :,...' ,f~- , . SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants I I NANCEY A MAUK and ROBERT M. : IN THE COURT OF COMMON PLEAS MAUK, her husband, i CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, : I : NO. 00-6049 CIVIL I I 1 i JURY TRIAL DEMANDED , I , I , I I I I v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. CERTIFICATE PREREOUlSITE TO SERVICE OF SUBPOENA As a pre-requisite to service of a subpoena for documents and thing pursuant to Rule 4009.22, Defendants certify that (1) notices of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) copies ofthe notices of intent, including the proposed subpoenas, is attached to this certificate, (3) (4) no objection to the subpoenas has been received, and the subpoenas which will be served are identical to the subpoenas which are attached to the notices of intent to serve the subpoenas. DATE: Submitted by, SWART. ~DETWEILER B~~ J wrence F. Barone, Esquire Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants -1- 1 , 1 ': " SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attomeys for Defeudants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAmA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Ifno o' ion is mad DATE: 1-11)-01 y ~, may be served. Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants -' "",,,,, - ~-.~ < '" I ~, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian The Hetrick Center 500 North Union Street Middletown, PA 17057 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records Dertaininf! to Nancv A. Maule. alk/a Nancey A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, PA 17102. You may deliver or mai11egible 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: B Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attomey I.D.# 68921 1631 North Front Street, 2"" Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT . ~ , -,:,,- '0"-".- . ." ) SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Secoud Floor Harrisburg, P A 171 02 Telephoue: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. ~~ 1-1S'.Of DATE: Lawrence F. Barone, Esquire SW ART~, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants =~ '-' ,- .. SUBPOENA TO PRODUCE DOCUMENTS OR TlDNGS FOR DISCOVERY I'llRstrANT TO RULE 4009.22 TO: Medical Records Custodian Lebanon Valley VA Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records Dertainin~ to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Security No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, PA 17102. 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: .- ---" /)~ ~~. By Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney 1.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants '---... DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT - "" .,--. ., ',,>, < " SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Secoud Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Ifno objection is made the subpoena may be served. DATE: '-''$'-01 Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants " ,.,. "" .~~ .~ L~'; "J"i < SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Camp Hill Fire Department 22 & Walnut Streets Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records vertainine! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 17102. 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: B~~ Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2,d Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT -~- ~-"" ~~ ~, .,-1 -'i' . SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Uno objection is made the subpoena may be served. DATE: '.'S'..' ~ Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants ."" . ~,-,. < " SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Camp Hill Fire Department 22 & Walnut Streets Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical or other records pertainine! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949. or an accident on September 4.1999 at U.S. 15. southbound (Camo Hill Bvoass) at the law offices ofSW ARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: ,..-" ( By Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT '",' ~,- , ' SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. I JURY TRIAL DEMANDED I I I I I I I I I NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Uno object" is made the subpoena may be served. (.---- o ( -,~ -01 DATE: .c:r '. - . Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants I,. ~ "' ""' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Bethesda Naval Hospital 8901 Wisconsin Avenue Bethesda, MD 20814 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: By2- Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2,d Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ~~ fu.~ SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY :PURSUANT to RULE 4009.21 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. Ifno objectio 's-ll1ade the subpoena may be served. , /"'- '-/i-#I DATE: Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants .. '" ~' ;;, ---". SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Lancaster Rheumatology Associates 2104 Harrisburg Pike, Suite 24 Lancaster, PA 17604-3200 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancey A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Str~et, 2nd Floor, Harrisburg, PA 17102. 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: B Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2,d Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ""'"-,"- , ,. ,-, -, .. ~ SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANTt'O RULE 4009.21 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 DATE: I ~ Ie; ~()' (d K: <:$'" served. undersigned an objection to the subpoena. Ifno obj Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants . -. ~. . -;'1;, . , - , - " , .c _~'l .",; '.' ~ ~ -. > ,-- :iL, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Orthopedic Institute of P A 875 Poplar Church Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records pertainim: to Nancv A. Mauk. a/k/a Nancev A. Maule. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: 1: wrence F. Barone, Esqwre SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2,d Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT . - .~ -..... . -. ~ ->-- SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Ifno objec . (-/5-01 y be served. DATE: .----. ~ Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants ,.. , '"- - "~-- , 'JIIf': ." SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Hartman Rehabilitation 2645 North Third Street, Suite 490 Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nam;y A. Maule. a/k/a Nancey A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: ence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary . SEAL OF THE COURT ,-' '.'", w'. SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 17102 Telephone: (717) 233-3515 Facsimile: (717) 233.3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURsUANT TO RULE 4009.21 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. Uno objection is made the sub oena may be served. DATE: '-''5'""-0/ Lawrence F. B ne, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants . '-, ~ -' \o-i- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Dr. David Richards 1135 W. Governor Road P.O. Box 357 Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancy A. Mauk. a/k/a Nancev A. Mauk. Social Security No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: cs-. B Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2,dFloor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT .. .~ - -~ .' --'iU;;: SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants i NANCEY A MAUK and ROBERT M. ! IN THE COURT OF COMMON PLEAS MAUK, her husband, ! CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURsUANT TO RULE 4009.21 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. Ifno objecti i~ made the sub oena may be served. DATE: I-/S.oI Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants '.~ ~",. ~, '-,' - ;--."~.:; . ", SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian US Veterans Affairs Department 1400 Blackhorse Hill Road Coatesville, PA 19320 Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Maule. alk/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: Lawrence F. Barone, Esq . SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT - " ' ~, , - ~. . ,~, SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants i NANCEY A MAUK and ROBERT M. ! IN THE COURT OF COMMON PLEAS MAUK, her husband, CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: , -15 -OJ /k~. undersigned an objection to the subpoena. Ifno objectio . Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants ,-" . ",. ., " ') SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULIt 4009.22 TO: Medical Records Custodian Buffalo Valley Preventative & Environmental Medicine 1722 W. Market Street Lewisburg, PA 17837 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Maule. a/k/a Nancev A. Mauk. Social Security No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: By Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ,- , ~ cO' "''- ,""" .... I SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants i NANCEY A MAUK and ROBERT M. ! IN THE COURT OF COMMON PLEAS MAUK, her husband, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE4009.21 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. Uno objec . 's ~(" the SttbI'U"ll" III I -IS - 0 J DATE: ~~ Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants .~-" ~ - , ,"- -' O~ , i SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Norlanco Medical Associates 418 Cloverleaf Road Elizabethtown, PA 17022 Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaining to Nanqy A. Mauk. o/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. You may deliver or mail1egible 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: wrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT :Ji<""~- '~"~ ,. ~" ' ,,<.- , ~-~, .,.,,,,.~~,,,-~; .'......., SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: '-/S-Ol undersigned an objection to the subpoena. Ifno objection is m e the subpoena ma be served. . / "- Lawrence F. Barone, EsqUIre SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants '-'( ',; -, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Dr. Gary Lewis 891 South Arlington Avenue Harrisburg, PA 17109 Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: B Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ~.. '" . ,--,"" " '~' SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717)233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plain tiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 1-15 -01 e the subpoe undersigned an objection to the subpoena. Ifno objec . DATE: ";/ "- ~. awrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants ~ . ,~'h ,. 'offi_ ~, ) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Charles Rost, M.D. 2250 Erin Court Lancaster, PA 17601 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nanc~ A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 17102. 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: wrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2,dFloor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT . . ~ ,.' r"r. .~ ' J!i;:, -, SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: /-'5-0/ served. undersigned an objection to the subpoena. Ifno objectio . Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants ',-" ~ :' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Mechanicsburg Naval Branch Hospital Naval Branch Clinic SFCC Mechanicsburg, PA 17055-0768 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records pertaininv to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, PA 17102. 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: By LawrenceF.Barone,Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT - .. ~ ~ ^"-, . . Jilk, --... SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: '-'5.0/ Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants ~~ ''''' \ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Dr. Greg Kimble Minor Illness Clinic DAMC CBKS, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancy A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, PA 17102. 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 ofthe following person: 0." By La ce F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT < "'- "-I SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Ifno objection i oena may be served. DATE: (~IS.OI , \ '~ '. " awrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants .v ~ "~ ' ","",., -=' ~ .'-K " ) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Harrisburg Hospital 205 South Front Street Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: By Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT , ~ ~ --", SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, i ! IN THE COURT OF COMMON PLEAS ! CUMBERLAND COUNTY, PENNSYLVANIA I , NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURsUANT TO RULE 4009.21 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. Ifno objection is made the sub DATE: 1-15-01 ~ Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants - _~W-" L '" -; .,,'" '\ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Hershey Medical Center P.O. Box 850 Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 17102. 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: /' ~~ By I.avrrenceF. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT lJi' ,.~ SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717)233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. i NANCEY A MAUK and ROBERT M. i IN THE COURT OF COMMON PLEAS MAUK, her husband, i CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, I I I NO. 00-6049 CIVIL I I I i JURY TRIAL DEMANDED , I I I I I I I I v. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Ifuo objection is made the sub oena may be served. DATE: l,15 -01 \~ E' c;::- '"', , Lawrence F. Barone, EsquIre SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants '. ~ - > , > ...:...~, ~! SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Dunham Health Clinic Carlisle Barracks Carlisle,PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records pertaininr to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: By La ce F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ~ ' " --'-"-''''':',- I " . SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PuRSUANT TO RULE 4009.21 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. Ifno objection is made the subpoena may be served. DATE: \-15-of {-2 r ' , L n e . arone, Esquire S ARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants "~- , , ~"iJ 't " , " . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Harrisburg Avenue Radiology Associates 230 Harrisburg Avenue, Suite 3 Lancaster, PA 17603 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mank. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: <S. By Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2,d Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT -" ~.. - .'.' '" '.-1' " . SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: 1-(5-0 I ------ d. undersigned an objection to the subpoena. Ifno objectio Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants ,', "-', '. it , II . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.Z2 TO: Medical Records Custodian Capital Area Pain Management Center 2447 North Third Street Harrisburg, P A 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records pertaininr! to Nancy A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, PA 17102. 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: .;..------ "'- By La nce F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ~" '-~. '. ,- ~- "', -- .;- ,- ~ , II, " . ", SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717)233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: ( -IS-OJ ay be served. undersigned an objection to the subpoena. If no objection is made the sub Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants - " , "< I.~ , '. _'f . . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian CVS 1575 South Market Street Elizabethtown, PA 17022 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, PA 17102. 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: B Lawrence F. Barone, Esq e SWARTZ, CAMPBELL & DETWEILER AttorneyI.D.# 68921 1631 North Front Street, 2,d Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ;=-~O ~~ ^ . ~~ , J', ~., - , ":---~."'" ..'I . SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, P A 171 02 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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: /-/5 -01 La ce F. Barone, Esq . SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defe~dants . 'nil - '-.. , ", ,'= ~' , . I . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm P.O. Box 41 Concordville, PA 19331 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical or other records oertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Security No.: 165-38-0092. Date of Birth: 12/1/1949. or an accident on September 4.1999 at U.S. 15. southbound (Camo Hill Bvoass) at the law offices ofSW ARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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: ~. By La ce F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT .. . I " " SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. ~'rl '" .;". <:'c~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6049 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Ifno objectiQll is m~ ~ DATE: I-IS ~O' U wrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 171 02 (717) 233-3515 Attorneys for Defendants . . I .. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mailhandlers Benefit Plan P.O. Box 44242 Jacksonville, FL 32231-4242 Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records pertaininr! to Nancv A. Mauk. a/k/a Nancev A. Mauk. Social Securitv No.: 165-38-0092. Date of Birth: at the law offices ofSW ARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02. 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 SQught. 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: ence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2'd Floor Harrisburg, PA 17102 (717)233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT '~---"' ~- '" ,~ '~ , L " . "'- . CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, do hereby certify that I served a true and correct copy ofthe foregoing document on , by depositing it in the United States mail, postage prepaid, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SWARTZ, CAMPBELL & DETWEILER By: ~.c.? ~ ') Lawrence F. Barone, Esquire Attorney LD. No. 68921 1631 North Front Street Harrisburg, PA 17102 (717) 233-3515 ~ DATE: Attorney for Defendants -2- ~--J::M'$!Ii~~ii!!l~~Ji$;i>;~l',k~ ~~... " ~"1 .^~ ~,~ ^ '" ".O~ ~~,O"'~" , (.,~'.~ .;- ~..j;;;,;...;~-" -~ "' -~,~" ~. . ~.~, ~~, -'.' ~'~" '~ , ~- '~iIIiiWli;;l,:"'. ",,'" 0 0 0 C ~n ~~ ~ ~ - -1:) ~, CI },"" :IJ rnr-q :;.~} z:n [''1 ~~; ('.) ~~~) ....~~. -V ~~? ~~ 2C) J: ~2 c- ,,---:~ I '1 u -~ ~ :::> C U1 ~ ,-.~' '<'- , ~.. " .... .." I: ..rt , ,-,,' .,'''""-",,-:,,L,_,,;_" ,.",'j..,-., .,.;0__);", "",,~,---,' ,',.-.',.";, ,-.,':..,,,-,-1 -, ~ : .~-'-:"jl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A. MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW NO. 00-6049 Civil v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, this _ day of , 200 I, it is hereby Ordered and Decreed Defendants' Motion to Compel an Independent Medical Examination is DENIED. BY THE COURT: J. 219279,11RASIMLB it ~"' ~ . ,'" _.-";;.,~"",,,,",,","~~~;':',".,:.., '" ',",< '" -" - , .- _. I I. . I II ."",.,;,,~" ,,~. ",<>\"",,'-': ,-"-,:.:',i/-,-:',;; -','.",<" '"'-',, '--,.; ";;,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A. MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW NO. 00-6049 Civil v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION I. It is admitted the instant case was commenced by the filing of a Complaint. However, the Complaint was filed on September I, 200 I. 2. Admitted. 3. It is admitted only that Plaintiff Nancey A. Mauk had prior medical treatment. It is specifically denied that Plaintiffs prior medical treatment has any relevance herein. 4. It is admitted that defense counsel indicated in January that he might like to schedule an independent medical examination of Plaintiff. However, over two and one-half months passed before defense counsel took any action towards scheduling the IME. Further, defense counsel efforts occurred long after Plaintiffs' counsel listed the case for arbitration and the panel of arbitrators were named. Plaintiffs' counsel indicated he would work with defense counsel in scheduling the IME, so long as it would not delay the arbitration process. 228911.1 \RAS\MLB ,. "'.,;-'~'''''~--''",;;,.".,-~,,,,.,, <''<' 'h,," , ',m-" ~'"" ~, ~-,," "'~' .,c,,~, " ' ." 'B. \,,,, ~ 5. Denied. By way of amplification, in response to defense counsel's March 8, 2001 letter, Plaintiffs' counsel telephoned defense counsel and requested the identity of the physician and dates that the physician would be available for the IME prior to contacting his client. 6. Denied. No independent medical examination is scheduled. Further, Plaintiffs' counsel advised defense counsel that an IME on May 11, 200 I will unreasonably delay the instant action from proceeding to arbitration. Rather, Plaintiffs' counsel suggested defense counsel secure another physician local to Harrisburg for the IME. 7. Denied. See paragraph 4 herein. Further, the instant action was listed for arbitration on March 2, 2001. 8. The Pennsylvania Rules of Civil Procedure speak for themselves, However, inherit in the Rules of Procedure is a requirement that counsel act promptly and reasonably in scheduling discovery. In the instant action, defense counsel has certainly not acted in such a fashion. Further, Plaintiffs' counsel has expressly communicated with the arbitration panel regarding the delays caused by defense counsel. See, correspondence attached hereto as Exhibit A. 9. Plaintiffs' Complaint which includes here statement of claim speaks for itself, 10. It is admitted the only issue for the arbitrators to decide is the fair and appropriate compensation to be awarded to the Plaintiffs. II. Denied. While the Rules of Civil Procedure may permit an independent medical examination, Defendant's request is not proper as it is untimely and will significantly delay the arbitration of the instant action. 228'> 11.1 \RASIMLB Ii " ,,-'-'.^ '0 ~ ;:-0 ,~-" < ,--~.,~~.,,-'~_\.' '~-::"'7'- "t>")):_'''.i;~" ,,,<:/.,);,"" C_n ~ ~" .C,,;" s. ,"'-2 WHEREFORE, Plaintiffs respectfully request Your Honorable Court to deny Defendants' Motion to Compel. ANGINa & ROVNER, P.c. . Sa LD. No. 1 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: March 26,2001 228911.1 IRASIMLB "",~,,~~Hliill;!:!i-""c.'"-- ~~ 0 '_*'~~_'"' "'""-~,~,~"-. _J01Q;;:_",",':~; ANflINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, P A 111 l(H70B RICHARD C. ANGINa NEIL}. ROVNER JOSEPH M. MEUllO TERRY S. HYMAN DAVID 1. LuTZ MICHAEL R KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA JAMES DECINTI 717/238-6791 FAX 717(238-5610 WWW..ANGlN(}.ROVNER.COM E-MAIL: RSADWCK@ANGlN(}.ROVNER.COM March 15,2001 VIA FAX: 761-4031 David 1. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, P A 17043 Re: Mauk v. Havduk and Glaxo WelIcome Cumberland Co. No.: 00-6049 Civil Dear Dave: On March 14, 2001, your secretary began the process of scheduling the arbitration for the above case, Unfortunately, Attorney Barone's office would not supply dates citing "outstanding discovery." However, there is no outstanding discovery that should delay this case from proceeding at this time. On January 17, 2001, Attorney Barone sent out Notices of Intent to Serve Subpoenas, On that same date, I wrote to Attorney Barone, waived the 20-day period and advised him I had no objection to the subpoenas thereby allowing him to immediately send out the subpoenas. For some unknown reason, Attorney Barone did not send out the subpoenas until March 12,2001, a delay by him of nearly two months, No other discovery is outstanding. I am asking that the arbitration be scheduled at this time. I trust you will acco have any questions, please do not hesitate to contact me. ate. Should you RAS/mlb ock cc: Lawrence F; Barone, Esquire (via fax: 233-3466) '''''-~'"''~'''''~~"'''-~~~;O-''_~",,",~' ~~,. ~ . '. ~ ~ 411 ......''tii " ,= " -I . ~ "" .'~ ~ 1~1 ~GINO & ROVNER, P.C. 4503 NORrn FRONT STREET HARRISBURG, PA 1711().J708 RlCHARO C. ANGrNO NEIL J. ROVNER JOSEPH M. MELIllO TERRY S. HYMAN DAVlO L LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA JAMES DECrNTI 717(238-6791 FAX 717(238-5610 WWW.ANGlND-ROVNER.COM E-MAIL: RSADLOCK@ANGINO-ROVNER.COM March 20,2001 VIA FAX: 761-4031 David J. Foster, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, P A 17043 Re: Mauk v. Havduk and Glaxo Wellcome Cumberland Co. No.: 00-6049 Civil Dear Dave: Quite frankly, the Plaintiffs should not have their arbitration delayed simply because defense counsel chooses to sit idly by and not take action on his case. I offer the following examples: a settlement demand was sent on January 26,2001, yet, no offer was made until March 12,2001; Mr. Barone first raised the possibility of an 1MB on January 15, 2001, yet, to date, none is scheduled; Mr. Barone suggested a need for additional depositions on January 15,2001, yet, these too have not been scheduled, Rather than wait for Mr. Barone to fmally take action, I suggest the arbitration be scheduled for a date in early ApriL Then, maybe Mr. Barone will take action. Thank you. -~~- RAS/mlb cc: Lawrence F, Barone, Esquire (via fax: 233-3468) - -,-- , , ,~-.. '"' <,,_ -, ~'~'_~'o ,z_,_ "~<'~'-''''-'''-..... ">: ';:""''''''''' -, ""'..J"",~<"~"",,;~.,, ,.:.< -,+,., CERTIFICATE OF SERVICE I, Marcy 1. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION on the following via postage prepaid, first class United States mail, addressed as follows: Lawrence F. Barone, Esquire Swartz, Campbell & Detweiler 1631 North Front Street, 2ND Floor Harrisburg, PA 17102 ~r!L~fI~~~ Date: March 26, 2001 228911.IIRASIMLB jL'<--i.~" fIi ;:1:, ,-" ",I " ~ ","'- ~_~,~ ~,. ,,~.,' """ ':;c-' ~-"' , ~-,~ ~, ,,~ .."~,, " y. 'c_" .- .. "I 1 (') C) C) ~; --n <' ..'" ".1 ~) f'i" 1 ':. ~ rn I--:"i ::<J (::.,;.. ~. .- ;-,,) ;"f'f Z r ::, l,' Sc' ),:~ _J 6 (~) [::: '"'D 'T, -"'1 ~j:;'; C .....;::.. ,,- , () :;;:.:: Cl rn S'" r;: C) c:: ..., 7"':, :::l ')> =< :.u (}1 -< lUJ.., ::" ..,,~"~ ,,___~~__">'W"', .. i L, ~ ~<'--' 'dc" SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. J NANCEY A MAUK and ROBERT M. ! IN THE COURT OF COMMON PLEAS MAUK, her husband, ! CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, : I : NO. 00-6049 CIVIL r r r ! JURY TRIAL DEMANDED r J J J J J J J J v. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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 DATE: '2l.~.,.ol ,I undersigned an objection to the subpoena. Ifno objecti Lawrence F. Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 Attorneys for Defendants ,. " 0;, " ,'. -., '.' (ilL " , Plaintiffs, I I I IN THE COURT OF COMMON PLEAS ! CUMBERLAND COUNTY, PENNSYL VANIA I I : NO. 00-6049 CIVIL NANCEY A MAUK and ROBERT M. MAUK, her husband, v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian Robert E. Goettsch, M.D. for Dr. Gary Lewis 891 South Arlington Avenue Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all medical records oertaininr! to Nancy A. Malik. a/kIa Nancev A. Mank. Social Securitv No.: 165-38-0092. Date of Birth: 12/1/1949 at the law offices of SWARTZ, CAMPBELL & DETWEILER, 1631 North Front Street, 2nd Floor, Harrisburg, P A 171 02, 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 ord comply with it. This subpoena was issued at the request of the fol 0 B Lawrence F, Barone, Esquire SWARTZ, CAMPBELL & DETWEILER Attorney I.D.# 68921 1631 North Front Street, 2'd Floor Harrisburg, PA 17102 (717) 233-3515 Attorneys for Defendants DATE: BY THE COURT: By Prothonotary SEAL OF THE COURT ~ . 0'-, '-4: CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, do hereby certifY that I served a true and correct copy of the foregoing document onJ", '6ydepositing it in the United States mail, postage prepaid, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 TWEILER By: Lawrence F. Barone, Esquire Attorney J.D. No, 68921 1631 North Front Street Harrisburg, P A 17102 (717) 233-3515 DATE: 3' 2.'1-,)\ Attorney for Defendants m&~w:,;~~ill~U',,,lti~Jt;iii"i."~~~",,Jlt;!Jh'I'iJ!M.Jj~~_ ~j,l\M~"'~'" ~ ",-,"'~ 'k'-,' _,,,,,,. ~~~~~ .,,,,- ,'eM,' -l-I,'';'~..."".............~"" -ll!ilW!:il (') 0 0 C .1 g .""~. ...., "0,;.:; .. mrT' ;;:0 2::;::: -"C;' f''' ~~L c.t) ~ C -,:) )> ,~, ZL) --0 T:y :J>~ '-,"' --.' "'- C- )~ :< ~D 10 -< -~,' > .~ --~ . ... F' ;".lllIilI11_-- .:;'il' SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants .~" " MAR 2 82001tfJ I NANCEY A MAUK and ROBERT M. I IN THE COURT OF COMMON PLEAS MAUK, her husband, CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, v. NO. 00-6049 CIVIL JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. Rule to Show Cause AND NOW this '30 - day of \"1f\~ , 2001, a rule is issued upon Plaintiff to show cause within twenty (20) days why the defendants' motion to compel independent medical examination with Dr. Lucian Bednarz at 10:00 a.m. on May 11,2001 should not be granted.. , /J/J J. ,~~ ~,~O IL~ t> ':J '\ ,= , --'''1'';;: SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 233-3468 Attorneys for Defendants NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, , , i IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-6049 CIVIL v. JURY TRIAL DEMANDED JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants. ORDER AND NOW this day of , 2001, upon consideration of Defendants ' motion to compel independent medical examination, the same is hereby GRANTED. Plaintiff is hereby ORDERED to attend the independent medical examination scheduled for May 11,2001 at 10:00 a.m. with Dr. Lucian Bednarz in Harrisburg, Pennsylvania. J. ~~ , . ];;," SWARTZ, CAMPBELL & DETWEILER 1631 North Front Street, Second Floor Harrisburg, PA 17102 Telephone: (717) 233-3515 Facsimile: (717) 2:33-3468 Attorneys for Defendants v. I I : IN THE COURT OF COMMON PLEAS ! CUMBERLAND COUNTY, PENNSYLVANIA I I I : NO. 00-6049 CIVIL I I I i JURY TRIAL DEMANDED I I I I I I I I I NANCEY A MAUK and ROBERT M. MAUK, her husband, Plaintiffs, JEFFREYP. HAYDUK and GLAXO WELLCOME, INC., Defendants. DEFENDANTS' MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION AND NOW, into Court, through the undersigned counsel, come Defendants Jeffrey P. Hayduk and Glaxo Wellcome, Inc., by and through their attorneys, Swartz, Campbell & Detweiler and respectfully move this Honorable Court to compel Plaintiff Nancey A. Mauk to appear for an independent medical examination for the following reasons: I. This instant automobile case was commenced by filing a complaint by plaintiff on Augnst 27, 2000. 2. Depositions of the parties were held on December 20,2000. 3. PlaintiffMauk has indicated an extensive past medical history and treatment to the same areas of her body that are in controversy in this matter. 4. On January 12, 2001, defense indicated in correspondence to plaintiffs counsel that we wished to have an independent medical examination of plaintiff. -1- ~.l ri,ft:t- ... 5, On March 8, 200 I, defendant requested dates from plaintiff on which she would be available for an independent medical examination. No response was received. 6. On March 16, 2001, defendant scheduled an independent medical examination for May 11, 2001 at 10:00 a,m. in Harrisburg with Dr. Lucian Bednarz. 7. On March 20, 2001, plaintiff objected to the independent medical examination in May, as plaintiff has recently listed this case for arbitration, 8. Under Pa. R.C.P. 4010, when the physical condition of a party is in controversy, the court in which the action is pending may order the party to submit to a physical examination by physician. 9. At issue in this case is whether plaintiff suffered an aggravation of a pre-existing fibromyalgia, 10. The nature and extent of plaintiffs injuries is the sole issue for resolution at arbitration, as this is a rear-end collision and defendant has stipulated as to liability. 11. This is a proper request, as such an examination is necessary to properly defend against the claims made by plaintiff. -2- ~- '~ . '" ' ,~,~ WHEREFORE, Defendants respectfully request this Court to grant their motion to compel plaintiffto attend the independent medical examination scheduled for May 11,2001. Respectfully submitted by, SWARTZ, CAMPBELL & DETWEILER B L en F, Barone, Esquire Attorney I.D.# 68921 1631 North Front Street, 2nd Floor Harrisburg, P A 17102 (717) 233-3515 DATE: 3/23/01 Attorneys for Defendants -3- :,;j_" _o._~' , _,_.L. .~,~, .- ~ ,- ~ -"" CERTIFICATE OF SERVICE I, Lawrence F. Barone, Esquire, do hereby certifY that I served a true and correct copy of the foregoing document on 3/23/01 ,by depositing it in the United States mail, postage prepaid, and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 David Foster, Esquire 831 Market Street P,O. Box 222 Lemoyne, PA 17043 ~DET ---- ~." By: Lawrence F. Barone, Esquire Attorney LD. No. 68921 1631 North Front Street Harrisburg, P A 17102 (717) 233-3515 DATE: 3/23/01 Attorney for Defendants -4- illlI!!ijiiilllu~'~~- 1- r~ "'""'U~-"'f,m.~A~~.fu"'*'iilli!t"jifL~lii!.lill,""-"!!J'l1l,,"iil!~~-I.iJ.U~ .~" ~ 'p, ,<~ o. <~"_"_~" .,""_"',~_ ~~.'--"~ ~ _":__. '" ""o,.>"e"",",','_n, , , ~. ',' ,"'"~ ,~-, ~< ~." ('''' ~iH!!aiii_.<lli " .,~...., ,. - ~"'T~ 0 0 0 r- '- "l ?: .... C'U', ~;"" ,..:,,"" [PC:: co .- ;Z:p" N TJ S?{: <.71 ':::J , r::: C) ~~} )> " ;lo:--Tj C :x ~S~~ ~~~ L") ..~ ? ~) :r> ~ :-0 {]'I -< -,' 1 .'~ - ~ ~. ___ " _ :"a . .' ~'= ii,''; ,~,. d j. 3-L1-0 ~ c~~~. /~ ' ~,~C~ ~9~ ~/U-- ;:~ ~ 4-, ;vJ ~ 1~~~ /)VY.M A ,~ ~,."~ cJ-AJ ~~- ~"~~ /LC-.'. ~ 7 p~ JM:-.~LJ~~ h-c, ~ d-1-, ~ ~ ~,~ , ~ ,~ .; ~,~L o-u - ~ o4Q , .~ ._~ ,'~-- '.>.-".. "~<-'~<'--"'- '..>..' "~~~,~,, ,'_..l,""""_',, ","--.,,-""'1 "",'~" ". ",_.'" ,:-", ,;;'.};;.] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCEY A. MAUK and ROBERT M. MAUK, her husband, Plaintiffs CIVIL ACTION - LAW NO. 00-6049 Civil v. JEFFREY P. HAYDUK and GLAXO WELLCOME, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. ANGINO & ROVNER, P. . !.D. 4503 N. Front Street Harrisburg, PA l7110 (717) 238-6791 Counsel for Plaintiffs Date: April 27, 2001 cc: Lawrence F. Barone, Esquire 219279.1IRASIMLB ~ :MilT ,;..;..""'-'-~~ '--j, ", ,,"..= <c-_' ,.",~' 1-' ~'-'';''''~'~j-~ "~ , ,,~. " .," ..... ~ '-""= ..... ~ ,... <:) g - ~ -o~!, mi...;..-, /-' 2~ ~~ t;2'-.J 'J?Cl ~g ~ ~ " <;; ?"J ~" o '.~ . (-) -'fl "'" :>:: -n ;::::;;. ~3lS ,,),b ~? :~l, ;~M ~ 5:i -< r;i f.l1 - .. j >, '_'~'__c' .' ',,'C-, ~ "", ",. '."'."-~' " ',,' .~. " ,,' .;~_~,~,-""~ ,-.,;..~".:." '= . ~"' ;'"'i~_ NANCY A. MAUK and ROBERT M. MAUK, her husband, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVIA v. : 00-6049 CIVIL TERM v JEFFREY P. HAYDUK and GLAXO WELLCOME, INC. IN RE: ARBITRATION ORDER OF COURT AND NOW, May 31, 2001, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, David J. Foster, Esquire, shall be paid the sum of $50.00. By the Court, David J. Foster, Esquire Chairman c. P'.;. ~ P.J. Court Administrator ~ ,0 \ ~':> :ssg ,'" C,' ,1 V"'" i ! .; I \,-<, ~ 0 ~ .-', 'i'll,FlY ,ipJ Ii I'" ,l i ::;, ,) ..,0 C"U' .- , JJ:t'!"" 1'/.(';; ,,;..,-; '_' "", pi1If'\';~V} COUNT\! - \ '''ILI/''''l'' 'I 'I :1\'l'\ I , ~,=---,,~, "," ,.,~",~,," "='- ',.,-. " .', .~ ~ " J "' } <:> ..;. ~ "' ...} ~ \~ / , ( L ~ ~_~",~~~~)~f'II~!'!ii,j;~'i'Allll!!i>I>m1'l%~,~~~.. "~,,,