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Home My WebLink About00-06565 , ~,"r' .",. , . ".-., ''- ',"","'';'__C',,,_;:d:,y_,<i,; ,', -., 'w-:-"' i\.'iJc" ^- 'c',~~'~_ ',~_;, RANDALL E. DUNCAN and TAMMY F. DUNCAN, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. /" NO. 2000 - (S!. 5 CIVIL TERM LESLIE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Gnardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually, DEFENDANTS CIVIL ACTION - LAW PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs and issue a Writ of Summons against the defendants, Leslie D. Lewis, a Minor by John R. Lewis and Yvonne L. Lewis, Guardians, and John R. Lewis and Yvonne L. Lewis, Individually. Please direct the Sheriff to serve the defendants as follows: JOHN R. LEWIS YVONNE L. LEWIS LESLIE D. LEWIS 104 LEBO ROAD CARLISLE, P A 17013 . McKnight, III, Esquire 60 stPomfret Street, Carlisle, PA 013 (717) 2 - - u reme C "No: 25476 Date: September 27, 2000 To: L~;SLIE D. LEWIS, a Minor, by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually. You are hereby notified that Randall E. Duncan and Tammy F. Duncan, the plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. Date;lsnT;;~t.,. :17 ,2000 ('~. 12 ~. PROTHONmARY By: 0'0/""'" 0 '7TA~ #,:" DEPUTY ;k;,'" '.1,,, "" r~ '" "- U; " " '" "- '" --< ~ . ~' ~ :=.a.:.- ,,', ~ ~~" .",", '''''.. ,........;., ,~, ",', ",' ,~, " '-c~ ","~',,'S' 'C';',"",,,., '- " ~ ,,'-~" ~ J\ -c v- -\ ~ l>. .Y. ~ '" e 6 ~ r o C :? "Uei" O)n"i z?-.' (0);.. ~..;:': ~O ;70 j.;O C Z =< ':1 (S) (.:) o U) rrr -0 ,".,) -.J o -n ,--J .,- ""i;fl "c-;f^n .;jO ~g ,J"D (~~ o=i - ,~ _'0 -< '"D :l;: r:--.' 0.-' 1'0 :."f~ ~ ~......... ,~ . .' , - 'I~'~$i:f','" SHERIFF'S RETURN - REGULAR CASE NO: 2000-06565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN RANDALL E ET AL VS LEWIS JOHN R ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEWIS JOHN R the DEFENDANT , at 0018:43 HOURS, on the 29th day of September, 2000 at 104 LEBO ROAD CARLISLE, PA 17013 by handing to YVONNE LEWIS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 .00 10.00 .00 33.58 So Answers: ~~~J.e.a~ '(:' A I R. Thomas Kline me this 0~ day of 10/02/2000 IRWIN, MCKNIGHT & HUGHES ~ By: ~t1t ~P4 - Deputy Sberiff Sworn and Subscribed to before (7)p-;;:;r;., > ~4VV A. D . ~ t2. "il-1,"-;, , . O~ rothonotary , M~ ~,~=~ ' t..d_~. -="'~' ., " ~, -'- ir~__~,;j",,', SHERIFF'S RETURN - REGULAR CASE NO: 2000-06565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN RANDALL E ET AL VS LEWIS JOHN R ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEWIS YVONNE the DEFENDANT , at 0018:43 HOURS, on the 29th day of September, 2000 at 104 LEBO ROAD CARLISLE, PA 17013 by handing to YVONNE LEWIS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ?~~~ R. Thomas Kline Sworn and Subscribed to before 10/02/2000 IRWIN, MCKNIGHT & HUGH,ES ,i, By, flwol~ ' Deputy Sheri f me this 6'~ day of (]J~ J--nro A.D. C)r;,~ O~ N~"~~ ~ rothonotary I "~~ " ""-'- ~ , -~ , "" ~MO~ ~~"~'-'''''''::;'j,,*-,<1i-C SHERIFF'S RETURN - REGULAR CASE NO: 2000-06565 P COMMONWEALTH OF,PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN RANDALL E ET AL VS LEWIS JOHN R ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEWIS LESLIE D the DEFENDANT , at 0018:43 HOURS, on the 29th day of September, 2000 at 104 LEBO ROAD CARLISLE, PA 17013 by handing to YVONNE LEWIS a t~ue and attested copy of WRIT OF SUMMONS together with and at the same time di~ecting Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~ .t'~~~ R. Thomas Kline me this ~ (j)~ day of 10/02/2000 'RW'N, MC,"'ORT & HUGHES ~ By: tflJ f4 ~ , Deputy Sheriff Sworn and Subscribed to before .2 &?Tu A.D. C)y' 0 YJ",OO... ~ Prothonotary' , . ." 0 ,'" ,_,>".~" 'C. ..', ',-" ,--'.;-' ',,""'",,","_, "0 'LIi ; FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Leslie, John and Yvonne Lewis IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDALL E. DUNCAN and TAMMYF. DUNCAN Plaintiffs No.: 2000-6565 v. LESLIE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of D. Holbrook Duer, Esquire, and Flanagan and Benner on behalf of Defendants Leslie D. Lewis, John R. Lewis and Yvonne L. Lewis in the above- captioned matter. All papers may be served at 150 East Chestnut Street, Lancaster, PA 17602. I hereby certifY that I have this day caused a copy of the foregoing to be served upon opposing counsel by fIrst class mail, postage pre-paid: Marcus A. McKnight, ill, Esquire Irwin, McKnight & Hughes 60 west Pomfret Street Carlisle, PA 17103 Date: o;).I(},',:>16\ By: NNER . Holbr Duer, Esquire I.D. No. 57324 Attorney for Defendants Leslie, John and Yvonne Lewis <", __m,lli- ilUlrilllh' iliflldilll!il~..m.~"':"'~ y"~ ., . lJ 1 :1 ;1 , -~-' 0 Cl C) c: ~: -.-, V{T; lTl rnn" CD , 7~:", :;::;:-c- r"..) (/)2, 0"= -....~( ~;:C' ~;-: f",) , ~ ::.;::-> ~--i ", .' " :0 ~, -"~ , 'C - -, I - ~1 -' " ,-. J, ,;_" "'"'.' ""~ _,' .''';'' .: .,,,' ',<,C,' ,> , ',~ ._ ~ , FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street LlIncaster, PA 17602 (717) 397-9444 Attorneys for Defendant Leslie, John and Yvonne Lewis IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW RANDALL E. DUNCAN and TAMMYF. DUNCAN Plaintiffs No.: 2000-6565 v. LESliE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs Randall E. and Tammy F. Duncan in the above-captioned matter to fIle a Complaint against Defendants Leslie D., John R. and Yvonne L. Lewis within twenty (20) days of the Rule or suffer a judgment of non pros. Date:ro\~l9\ R By: D. olbrook uer, Esquire 1.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendants Leslie, John and Yvonne Lewis RULE AND NOW this .QC-i--"- day of0"d~ ' ,2001, a Rule is issued upon the Plaintiffs Randall and Tammy Duncan to File a Complaint- against Defendants Leslie, John and Yvonne ~ MiliID~"'~)~~~_'jOO_ill~~:~) ~_~ PROTHONOT . , ~-' "-, , "',~-"".., ~.. , "/'~,- ,~; " '''~'.' ;;,;,,' ',' ~ -- , "'iillr, , , CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document on the following person and in the manner indicated below: First class mail, postage pre-paid: Marcus A. McKnight, ill, Esquire Irwin, McKnight & Hughes 60 west Pomfret Street Carlisle, PA 17103 Date: O~'d,'),\O\ \ By: olbro uer, Esquire LD. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Leslie, John and Yvonne Lewis .'"~-IUlW;'$lllii:'i'ltli" ~~.k'!lilIrIl~~~~~ < 0 ~.. --- ~ ~ .'= 0 C:J , , c: ~~. -,-, u c:.' ','; n"l L:_ '.::.X) Z Z l r....) UO J'" G) ~ \=-~_:- " , --1-' )::~ C~ " z 52~~: I,>: >-2) ~' :::;::"! ..:..-. r:- -I :lJ -<. ~~ ," , ~ 1'1 ~I li ,I 'i I ! ~- ~,~ ~~~- ,-, <,''"'''-'''' ~=;'_~""'_""""".'r;."",-' "mi:) RANDALL E. DUNCAN and TAMMY F. DUNCAN, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-6565 CIVIL TERM LESLm D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and YVONNE L. LEWIS, Individually, DEFENDANTS CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply willi the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ", . ~. ,C",,'.' '-~".-'-'--''''''~'''"''''-'.', "i, RANDALL E. DUNCAN and : IN THE COURT OF COMMON PLEAS OF TAMMY F. DUNCAN, PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-6565 CIVIL TERM LESLIE D. LEWIS, a Minor by CIVIL ACTION - LAW JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and YVONNE L. LEWIS, Individually, DEFENDANTS COMPLAINT COUNT I Plaintiffs. Randall E. Duncan and Tammv F. Duncan v. Leslie Danielle Lewis. a minor bv her naturall!Uardians. John R. Lewis and Yvonne L. Lewis. Defendants AND NOW, this 17th day of Apri12001 come the plaintiffs, Randall E. Duncan and Tammy F. Duncan, by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, Leslie D. Lewis, a Minor by John R. Lewis and Yvonne L. Lewis, her natural guardians: 1. The plaintiffs are Randall E. Duncan and Tammy F. Duncan, his wife, who are adult individuals residing at 1620 Pine Road, Carlisle, Pennsylvania 17013. 2. The defendant, Leslie Danielle Lewis, was a minor at the time of the accident, but may now be of the age of majority. She resides at 104 Lebo Road, Carlisle, Pennsylvania, 17013. 2 , . ". """,""""'_""''''_>'o,,~~'~t<'',.,, ,~'_, -L, ,'-,-'_':';',_:" O~ Li 3. The defendants, Yvonne Lonise Lewis and John R. Lewis, are the parents of Leslie Danielle Lewis, and at the time of the accident were her natural guardians. They reside at 104 Lebo Road, Carlisle, Pennsylvania, 17013. 4. On October 4, 1998, at 2: 15 p.m., a 1996 Jeep Cherokee vehicle owned by the plaintiffs and driven by plaintiff, Tammy F. Duncan, was travelling southbound on Lebo Road in Penn Township, Cumberland County, toward Pine Road. 5. Without warning, a vehicle driven by defendant, Leslie Danielle Lewis, and owned by the defendants, Yvonne Louise Lewis and John R. Lewis, pulled from their private driveway directly into the path of the Duncan vehicle. 6. The right front to the plaintiffs' vehicle struck the front of the vehicle driven by Leslie Danielle Lewis and owned by the defendants, Yvonne Louise Lewis and John R. Lewis. 7. The severe impact of the collision caused physical injuries to the plaintiff, Tammy F. Duncan, who was driving her vehicle and Randall E. Duncan, who was a passenger in the right front portion of the Jeep Cherokee. 3 '~, "'.,~. '''.- ".'~." ~~ -,'.-~,c_,' ''''''--'--~,--""l''''''''''''-r'''-~'c",--:,,,'''ii-,;,'--;'J,'",,"{,~__,,;:.-' .,., 8. The impact caused extensive damage to the front of the Jeep Cherokee including a bent front axle. 9. The impact of the collision caused numerous injuries to plaintiff, Tammy F. Duncan, including injuries to her lower back, neck, and shoulders. 10. The impact of the collision cansed the leg of plaintiff, Randall E. Duncan, to strike the dashboard of the Jeep Cherokee. He also sustained injuries to his lower back with pain that radiated down into both his legs. 11. The collision and the injuries sustained by the plaintiffs was caused by the negligence and careless actions of the defendant, Leslie Danielle Lewis, who was a minor at the time of the accident and the driver of the motor vehicle owned by the parents. 12. The defendant, Leslie Danielle Lewis, was negligent and careless as follows: a. She pulled directly onto Lebo Road without adequately stopping to determine if she could safely enter said Lebo Road. b. She failed to properly look in both directions in order to determine if Lebo Road was clear of oncoming traffic. c. She failed to provide any warning of her intention to enter Lebo Road in the path of the vehicle driven by plaintiff, Tammy F. Duncan, in which Randall E. Duncan was a passenger. 4 -,-, "> "'~ ~'-"""""""'""'--o;:;,,-,,,,,^W8,~,o,:,~~,,,,,,~ d. She failed to keep her vehicle under proper control in order to stop and avoid the collision with the vehicle of the plaintiffs. e. She was travelling too fast for conditions as she attempted to enter Lebo Road and was unable to determine that the plaintiffs were very near the entrance of her driveway when she entered Lebo Road. 13. The negligent actions of the defendant, Leslie Danielle Lewis, were the proximate cause of the injuries to the plaintiffs, Tammy F. Duncan and Randall E. Duncan. 14. The plaintiff, Randall E. Duncan, lost wages due to the injuries he snstained in the accident. 15. The plaintiffs, Tammy F. Ouncan and Randall E. Duncan, seek compensation for the pain and suffering, emotional distress, embarrassment and loss oflife's pleasures since the date of the accident as well as compensation for future losses they will incur in these areas. 16. The plaintiffs, Tammy F. Duncan and Randall E. Duncan, seeks compensation for the medical expenses which they have incurred and may incur in the future to treat their injuries. 17. The plaintiffs, Tammy F. Duncan and Randall E. Duncan, seek compensation for the permanent injuries which they have sustained. 5 ~" '~~ ~~' ~" '. --"''''"-~;'''''"''.'''-''''.r_,'_~;,'''-_C ,"^;,,'.,>,''.. '.,~ ',.--~ 18. The plaintiff, Tammy F. Duncan, seeks compensation for the loss of companionship and society as a consequence of the injuries sustained by her husband, Randall E. Duncan. 19. The plaintiff, Randall E. Duncan, seeks compensation for the loss of companionship and society as a consequence of the injuries sustained by his wife, Tammy F. Duncan. WHEREFORE, the plaintiffs, Tammy F. Duncan and Randall E. Duncan, request compensation and damages from the defendant, Leslie Danielle Lewis, in the amount in excess of Twenty-Five Thousand and no/lOO ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. COUNT II Plaintiffs. Randall E. Duncan and Tammv F. Duncan !: Defendants. Yvoune Louise Lewis and John R. Lewis 20. The averments of fact set forth in paragraph one (1) through nineteen (19) of the Complaint are hereby incorporated by reference and are made a part of this Count. 21. At the time of the collision, defendant, Leslie Danielle Lewis, was acting as the agent of the parents, Yvonne Louise Lewis and John R. Lewis. 6 ""'~ ~- . ~__^O' - ,-~ ~"'""",""",''''''-'' _, '.---,"'....-"."'>'",~T.~'U"V..." ~_''^>,,''''~''''__,,: ,_'.0 ,. ~ _ Sj- 22. Defendants, Yvonne Louise Lewis and John R. Lewis, are liable for the negligent actions of their daughter while she was acting on their behalf. 23. The defendants, Yvonne Louise Lewis and John Lewis, knew or should have known that Leslie Danielle Lewis was not capable of safely operating a motor vehicle and they negligently entrusted their vehicle to her which resulted in the collision which injured the plaintiffs. WHEREFORE, the plaintiffs request damages against the defendants, Yvonne Lonise Lewis and John R. Lewis, in an amount in excess of Twenty-Five Thousand and no/IOO ($25,000.00) Dollars with interest as permitted by law and the costs of this action Respectfully submitted, By: Marcus McKni t, 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court l.D. No. 25476 Attorney for plaintiffs Date: April 17 , 2001 7 ~~__ ~ __"0 "",,"~,' '" ,';",.-,"., ,'.',-;; ,,,^~;i:o c_-. ", ';",' -,' ';'_''---'',_~,,--.,,Ai' ,'': ""-=< :ill:, VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LL/lG~ RANDALL E. DUNCAN ~ Juf'.fX.,... T . DUNCAN Date:J\.~(~\ \ 0 .2001 T'~,"_'" ,"~",_~_, ~",__' -,"J-'.,. ","',;"~-,,..;.~",,' " """C'_'~"'\il'e-,,-,';'" _""< :.d.", RANDALL E. DUNCAN and : IN THE COURT OF COMMON PLEAS OF TAMMY F. DUNCAN, PLAINTIFFS : CUMBERLAND COUNTY, PENNSYL VANIA v. 2000-6565 CIVIL TERM LESLffi D. LEWIS, a Minor by CIVIL ACTION - LAW JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and YVONNE L. LEWIS, Individually, DEFENDANTS CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: D. Holbrook Duer, Esquire Flanagan & Benner 150 East Chestnut Street Lancaster, P A 17602 Attorneys for defendants, Leslie Lewis, John Lewis and Yvonne Lewis IRWIN, Me By: Marcus. McKni 60 West Pomfret Str et Carlisle, PA 17013 (717) 249-2353 Supreme Court l.D. No. 25476 Date: April 17 , 2001 " '"" f ''I!~; FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire J.D. No. 57324 150 ElISt Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Leslie, John and Yvonne Lewis IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDALL E. DUNCAN and TAMMYF. DUNCAN Plaintiffs No.: 2000-6565 v. LESLIE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. DEFENDANTS' ANSWER AND NEW MAnER TO PLAINTIFFS' COMPLAINT 1. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 2. Admitted. 3. Adrnitted. 4. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. - ----,,' - ~",~,--,~ '--',~":", .',.."-,-,,",-~,,- , ."':'.."""=--" l' 5. Admitted in part and denied in part. It is admitted that Defendant Leslie Lewis was operating a vehicle which had a collision with the Duncan vehicle. The remaining averments of the paragraph are denied pursuantto Pa.R.C.P. 1029. 6.-23. Denied pursuant to Pa.R.C.P. 1029. NEW MATTER 24. Answering Defendants incorporates herein by reference the averments contained in paragraphs 1 through 23 of the foregoing Answer as if fully set forth herein. 25. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 26. The applicable statute oflimitatious may have expired prior to the institution of this action. 27. Answering Defendants were not negligent. 28. Any acts or ornissions of Answering Defendants alleged to constitute negligence may not be substantial causes or factors of the subject incident and/or rnay not have resulted in the injuries and/or losses alleged by the Plaintiffs. 29. The incident and/ or damages described in Plaintiffs' cornplaint may have been caused or contributed to by the Plaintiffs. 30. The negligent acts or ornissions of other individuals and/or entities may have constituted intervening superseding causes of the darnages and/or injuries alleged to have been sustained by the Plaintiffs. 3 I. Plaintiffs may have assurned the risk, and been contributorily negligent. 32. The incident, injuries and/or darnages alleged to have been sustained by the Plaintiffs may not have been proximately caused by Answering Defendants. '-'--"'",",-', ,. "~" ,. ,", ~_ ,__~_,. -''-'''-.;:,~";.,.~,,,"H''>'' ,~" _'- >,'_' '/Hi 33. Plaintiffs rnay not have properly rnitigated their damages. 34. Plaintiffs may have selected or rnay be otherwise bound by the limited tort option pursuant to 7S Pa.C.S.A. ~I70S and is therefore, barred frorn recovery of nou- econornic darnages because Plaintiffs' injuries, if any, do not constitute a serious injury as that term is defined in 7S Pa.C.S.A. ~I 702. 3S. Sorne or all of Plaintiffs' damages may be barred by the provisions of 75 Pa.C.S.A. ~1720 and 1722. WHEREFORE, Answering Defendants respectfully requests that this Court grant judgment in their favor and against all other parties to this action. NEW MATTER PURSUANT TO Pa.R.C.P 2252(d) IN THE NATURE OF CROSS-CLAIM AGAINST TAMMY F. DUNCAN 38. Without admitting any allegations in any previous pleading and solely to preserve Answering Defendants' right to contribution and/or indemnity, Answering Defendants incorporate by reference the allegations of all previously filed Cornplaints or Arnended Cornplaints. 39. Answering Defendants join as an additional Defendant Tammy F. Duncan pursuant to Pa.R.C.P. 2252(d), solely to protect Answering Defendants' right of contribution and/or indemnity and avers that she is solely liable, jointly and severally liable or liable over to Plaintiff Randall E. Duncan by reason of her potential negligence in the operation of her rnotor vehicle causing in whole or in part the subject accident, more specifically travelling at a speed in excess of that which may have been prudent under the circumstances and otherwise operating her rnotor vehicle in such a rnarmer so as to be unable to avoid colliding with the Lewis vehicle. ","^-,. ,-W," ~ '"..,- ' '. -!;;'IC' 'y '", '_~ .'->" , , _"'.' WHEREFORE, Answering Defendants requests that judgment be entered in their favor and against all other parties to this action. Date: $1 By: 01 ok uer, J.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendants Leslie, John and Yvonne Lewis "",'0' ""T' ,,,;^,~,,,,,-.',~_-,, .c"""'~'M l~-;"'.,,,_ ~ ':~0"",~ _ '"' -'W'; VERIFICATION I, D. Holbrook Duer, Esquire, hereby verifY that I arn the attorney for the Defendant Mark Krebs in the foregoing action and that the averments of the attached Defendants' Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. This Defendants' Answer and New Matter to Plaintiffs' Complaint is verified by counsel to permit timely filing in compliance with applicable rules of civil procedure. I understand that I am subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities for any false staternents rnade herein. Date:~ D~_/ " " ,- ,<, -, '~". -, ",,",.. - ,^_"~,, ,> _', .C>' 'c' ~--,,;,,,"_>,;', ,-x '," "~-"'-'''''';''''';''-~''''''d', . CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certifY that I have this day served a true and correct copy of the foregoing docurnent on the following person and in the manner indicated below: First class mail, postage pre-paid: Marcus A. McKnight, ill, Esquire Irwin, McKnight & Hughes 60 west Pomfret Street Carlisle, PA 17103 Date: 51 \ 16l mENNER By: ......... . olDrook Duer, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Leslie, John and Yvonne Lewis , , _" '~'.' ".'"" ~" ,~~ '~""~~I iii, ~,>" \'" '20:0.;"'~"-~-~"'~ _...~..., ~ '-~- <"" .,_~~~. _ H_~ .",,~,. -S'_p ,,0 T""HiiiA\il4:l --,,,~, c';".' ,~"-' ~-. , "..-, ", "-' ,"'. ,-,,~--"~, "--";,,-,. iiilaiin" ,,-, --~" ~ H ,<, () <0 0 C ,., S :!: ::--;:J -r.JCC );..\>> i j,~~ nl[':"\ -< i Z:I> I ~_r}t:,j Z~~~ C/L,. W :)(t, -<_c kG > ::;:!-r! )> .~ ~~F5 -;l.. ,_ ..:_(~, 'f? rsrn )>c z );! =< ::0 (.0 -< -- ,f '--"'-"__,'^ ",,;.'__ ~,,"_;~ ,""",,,c_::",,, <,<" """2"-"-I~"'i,,<,,,;, '."-i',,,,,j ,"-J. .';n:~O --[ . FLANAGAN and BENNER BY: D. HOLBROOK DVER, Esquire LD. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Leslie, John and Yvonne Lewis IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDALL E. DUNCAN and TAMMY F. DUNCAN Plaintiffs No.: 2000-6565 v. LESLIE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verifications of Leslie, John and Yvonne Lewis for the Verification ofD. Holbrook Duer, Esqnire attached to Defendants' Answer and New Matter to Plaintiffs' Complaint previously filed with the court. Date:5/ tOl 0\ By: D. Holbro uer, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Leslie, John and Yvonne Lewis '.,,-", . " - -" '".",o,,'io'.,< ,_'" '';-_,if",,,,',J':';~, _'oLe",' .,j,.';,,,h ,'':',___, ,,_, ~"il . CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document on the following person and in the rnanner indicated below: First class rnaiI, postage pre-paid: Marcus A. McKnight, ill, Esquire Irwin, McKnight & Hughes 60 west Pomfret Street Carlisle, PA 17103 FL Date: 5\ 0101 By: olbr Duer, Esq' I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Leslie, John and Yvonne Lewis '~ ,_- -" -_I",~. 0' - " ,"",.>__. ,,- _'~"--'" ''''.',-'.'''-,';E;'" ';: \,F,'" u, VERIFICATION I, Leslie Lewis, hereby verifY that I arn the Defendant in the foregoing action and that the averments contained in Defendants' Answer and New Matter to Plaintiffi;' Complaint are trUe and correct to the best of rny knowledge, information and belief. To the extent that the averments are based on an understanding or application oflaw, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities for any false staternents rnade herein. Date:~ ~J~ ~ __. ,'" - c ,,,_ ~ " on", '.."-- ",--' '-," -- --" ~- ~ '~'i-'-"-'-,' ",,' '" "', ',~"h"'~," ,ci __"_~ ,:.~.i<.",-",,,,,,,,,-,,, .' ";"~' ,C. , '-"';," ~, ~ VERIFICATION I, Yvonne Lewis, hereby verifY that I arn the Defendant in the foregoing action and that the averments contained in Defendants' Answer and New Matter to PlaintiflS' Complaint are true and correct to the best of rny knowledge, information and belief. To the extent that the averments are based on an understanding or application oflaw, I have relied upon counsel in rnaking this Verification. I understand that I am subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities for any false staternents made herein. Date:'711Ci 3.,X.ai>/ I fI-~~~ , ' Yvonne Lewis v - ~ -=" ~ -.- -". ", , ~- .~~ ""',~- _"0_,_ '" c;,~~ """"-.",',',",,, ,'w' "'--_'''''W''''~''';'" "--~','L, fi:-- VERIFICATION I, John Lewis, hereby verifY that I am the Defendant in the foregoing action and that the averments contained in Defendants' Answer and New Matter to Plaintiffs' Cornplaint are true and correct to the best of rny knowledge, information and belief. To the extent that the averments are based on an understanding or application oflaw, I have relied upon counsel in making this Verification. I understand that I arn subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities for any false statements made herein. Date: 5- J ' 1a:> r ~ I ~ ..~~"'~~" ,~",,;........,~, '<'~ 1--;- ',~"f~ "''''~'''"'''''~,~~,,", ,"~' 'c" ,,~,_ ~, ". "I'~__ ", ",~",,,4, ,-____.~ =_, "N , -,-~,- "1 ". ,--. o c "'" 92~~ ~~~~: ~CJ )>0 ZL~' PC::: Z =< ~,,-"'. " o "+,'," :.,,~~, -,.( Cl ::t:::-" ...,!:i. . .."<: ~),~,\ ort; ~ :JJ -< LD :.J fv ,''- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUNCAN & DUNCAN Vs. NO. 006565 LEWIS, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 D HOLBROOK DUER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 4/11/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 717-397-9444 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Marjorie Aiken File #: M273047 _.~ "' '~.._~" -! !4 ~_"lb' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUNCAN & DUNCAN Vs. LEWIS, ET AL No. 006565 TO: MARCUS MCKNIGHT III, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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: 3/20/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Marjorie Aiken Enc(s): Copy of subpoena(s) Counsel return card File #: M273047 - il " ~_l. ~~ --.~~liI'i'''''A'', a:MoDNWE2U.TH OF PIHlSYLVANIA CXXJNl'Y OF aJMmmAND DUNCAN & DUNCAN VS. Fi le No. 006565 LEWIS, ET AL TO: MEDICAL BILLING REQUESTED SUBPOENA TO PftOOUCE DOCl.J'ENTS OR THI NGS FOR 0 I SCXWERY PlRSUANT TO RULE 4009.22 ALLSTATE INS CO, 6345 FLANK DR STE 1000, HARRISBURG PA 17112 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent~fEthA'tl'ACHED ADDENDUM at tLL. , PJlIf.A., Pit. MEDICAL LEGAL REPRODUCTIONS, ~aar~'O DISSTO~ You may deliver or mail legible copies of the doct.ments or produce things requested hI this subpoena, together with the certificate of COTCHance, to the party making thi~ request at the address listed above. You have the right to seek in advance the reasonab IE cost of pre9aring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce,the party" serving thi5 subpoena may seek a court orde'- o::rrpelling you to ~ly with.it. . ,,' " TH I S SUBPOENA WAS NA/'E : ADDRESS : ISSUED AT THE REGlUEST OF THE FOLlQYING PERSON: D HOLBROOK DUER, ESQ ISO E CgE~TWT'I'RT LAl'ICAo'!'J:!;!<', "FA 17602 TElFPI-OlE: SlPREfoE ~T 10.. ATTORNEY FOR: 215-335-3212 DEFENDANT ,,, BY THE COURT: '~ R P- - >-_' .', "Prot~'iit:Y'/Clerk, civil ~Ja,~ " Division seal of the COUrt DepUty ,(.:, ~ , (Eff. 7/97) ~~ '; " ,,~~ ,--, _._m-!Io.l,,- , ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: ALLSTATE INS CO **SEE ATTACHED ADDENDUM** PERTAINING '1'0: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/30/59 SSAN: 165540974 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned ,have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed RECORDS Date Authorized signature for ALLSTATE INS CO CUMBERLAND M273047-01 *** SIGN AND RETURN THIS PAGE *** I ;~" ....-- , '~_---,;ci~;-, MoT L ~ R MEDICAL LEGAL REPRODUCTIONS, INC. 4940 Disston Street. Philadelphia, P A 19135 (215) 335-3212 . Fax (215) 338-2980 The Jefferson Building' 1015 Chestnut Street . Suite 926 . Philadelphia, PA 19107 Post Office Box 504 . Palmyra, NJ 08065 . (609) 541-5548 ADDENDUM ALLSTATE INS CO DECLARATION PAGE FOR THE 10/4/98 MOTOR VEHICLE ACCIDENT CLAIM #1553232973, 2/3/98 MOTOR VEHICLE ACCIDENT, PROPERTY DAMAGE INVESTIGATION AND PHOTOGRAPHS, ACCIDENT INVESTIGATION AND PHOTOGRAPHS AND ALL STATEMENTS, PAY-OUT SHEETS FOR BOTH WAGE LOSS AND MEDICAL BENEFITS, ANY AND ALL MEDICAL RECORDS, REPORTS AND BILLS, PRO REPORTS, APPLICATIONS FOR BENEFITS, CORRESPONDENCE TO AND FROM ALL MEDICAL CARE PROVIDERS AND INSURED(S), ANY AND ALL ADJUSTER LOG NOTES FOR THE 10/4/98 AND 2/3/98 MOTOR VEHICLE ACCIDENTS AND ANY AND ALL OTHER ACCIDENTS INVOLVING RANDALL DUNCAN WHILE INSURED BY ALLSTATE INSURANCE COMPANY. POLICY #02813402812/24 I ~- "-- ~~ ~-- l::ii "",~j;-; , cnMJNWEALTH OF PmNSYLVANIA COONl'Y OF ClJMBEmAND DUNCAN & DUNCAN VS. Fi Ie No. 006565 LEWIS, ET AL TO: ~POENA TO PR<nJCE OOCl.t'ENTS OR nil NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CASSES CHIRO CLINIC, 313 S HANOVER ST, CARLISLE PA 17013 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentllSlIf'mAClIED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS, IRe 4~40 ~ISSYON ST., PHILA., PA (Address) You may deliver or mail legible copies of the docunents or produce things requested bl this subpoena, together with the certificate of COTPliance, to the party making thi, request at the address Ii steel above. You have the r i gilt to seek in advance the rea sonab I E cost of pr69aring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within t'rlenty (20) days after its serv~ce, the party serving this subpoena may seek a court arde;' carpe \1 i09 you to COTP ly with it.. , . . TIi I S SUBPOENA WAS NAl'E : ADDRESS : I SSUEO AT 1liE REQUEST OF 1liE FOLLCW I NG PERSON: D HOLBROOK DUER, ESQ 150 F. ~HF.RTNUT ST LANCAgYER, FA 17602 215-335-3212 TELEPHONE: SUPRE/'E ~T 10# ATTORNEY FOR: DEFENDANT DATE: ^3JJI./O J Sea 1 of the Court BY THE ~T: ~ If ~ L' ProthonO afIoy/C1erk, Civi I () '/" O. /u'/~'d 'Division M273047-02 Deputy (Eff. 7/97) I ~, i1lJ~"""' , ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: CASSES CHffiO CLINIC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/30/59 SSAN: 165540974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN. COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Author1zed s1gnature for CASSES CHIRO CLINIC Date CUMBERLAND M273047-02 *** SIGN AND RETURN THIS PAGE *** f l~ ~>< , T ~~~ ~- "~!1""_',"'",, '! .. OHoDNNFALTH OF PEl'lNSYLVANIA roMl'Y OF aJMBFmAND DUNCAN & DUNCAN VS. File No. 006565 " ~ I 1 1 i , , 1 I i 1 r 1 I i I i LEWIS, ET AL TO: SUBPOENA TO PROOlXJE OCXl.t'ENTS OR TH I NGS FOR 0 I sc:NERY PURSUANT TO RULE 4009.22 DR WILLIAM PHELAN, 2 TYLER CT, CARLISLE PA 17013 (NlIIle of Person or Ent ;ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent~~ ~ftACBED ADDENDUM: at ;'.'. ,;,-1," " IHe 49~O D~55TU~ ~~., ~Bi~A., FA MEDICAL LEGAL REPRODUCTIONS, (AOdress) I i You may deliver or mail legi\Jle copies of the docunents or produce things requested b\ i this subpoena, together with the certificate of. ~1iance, to the party making thi~ j request at the address 1 isted above. You have the right to seek in advance the rea<;onab I E I cost of preparing the copies or producing the things sought. i , 1 I J I f you fail to produce the docunents or things required by this subpoena within twenty (20) days after its serv{ce,the par;-ty serving thi:; s~a may seek a court orde'- CCJl1)6 11 ing you to caT1) ly witt{it." ." ,. .,', " . " " , '" ' , ' , '.J THIS SU6POENA WAS NAI"E : ADDRESS: ISSUED AT THE REQJEST OF THE FOLLOiIING PERSON: D HOLBROOK DUER, ESQ lSO E CNE$'l'1\1T1'1' ST . ~t!A::;T~K, Pi. 1'7602 j'. TEL~PH;lNE ~" . SlPREl'E <XlURT 10f ATTORNEY FOR: 215-335-3212 ..,-", ,t' , , DEFENDANT BY THE <XlURT: (lh+'~ fJ * L . . '. Prothpno' /G'lerk, Civil Cfr, aka.: J Oivision M273047-03 DATE: ',., 'o/I!Jo ( sea'l of the . t: ", ' Deputy " (Eff. 7/97) : _ 1\..,. ,", . ",. 1 b>.. , J ~._"""m"_-"J,. .. ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: DR WILLIAM PHELAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/30/59 SSAN: 165540974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for DR WILLIAM PHELAN CUMBERLAND M273047-03 *** SIGN AND RETURN THIS PAGE *** J ~ " .1 ~_" ,j,,' J .~ .ti ~<i " "",J_"'-C . \ , ; cnM:lNWEAL'rHOF J;'l'l'lNSYLVANIA <DlNn' OF aJMBmIAND DUNCAN & DUNCAN VS. LEWIS, ET AL ' File No., 006565 ,SUBPOENA TO PROOOOE lXlCU'ENTS OR 1111 NGS FOR 0 I S(X)IIERY PURSUANT TO RULE 4009.22 'RId! FOODS, 3900 J;NDUSTRIAL RD, HARRISBURG PA 1.71.1.0 TO: ll.'I"I'N' PERSONNEL DEPT (Hane of Person or Entity) Within twenty (20) days after service of this su~. you are ordered by the court to produce the following docunentRSilf'mACHED ADDENDUM , at ll-PllODUCTIONS, INC. 4940 D~~~lun ST., PHI~A., FA MEDICAL LEGAL .. (Address) You may del iver or mail legible copies of the docunents or produce things requested hI this subpoena, together with the certificate ofcarpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the rea<;onab IE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within t""enty (20) days after its serv~ce, the party serving 1;I1i:; s\ll:1poena may seek a court orde'- carpel1ing you to carply with it. ' I';" 1111 S SUBPOENA WAS NAtE: ADDRESS: I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: D HOLBROOK DUER, ESQ 150 i ~~R~TNUT ST TELF.PH:lNE: 5l-"REJoE CXlURT 10f ATTORNEY FOR: LAi'l\..:I"6'1"Ell., FA 17602 215-335-3212 DEFENDANT OATE: (;j/I~ Seal of th8 BY THE ~T: ~ot~~~k' ~lJ- Q It.,II.'. CivilOivision M273047-04 Deputy (Eff. 7/97) ~:. ;" ^ , ,. 'I " " " < . I ~ '" '~~,~-,"';.; . ADDENDUM TO SUBPOENA -- DUNCAN & DUNCAN Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: RICH FOODS ANY EMPLOYMENT,APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/30/59 SSAN: 165540974 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK TaE APPROPRIATE BOX) : RECORDS PATIENT BILLING X-RAYS RECORDS / XRAYS have been destroyed Date Author~zed signature for RICH FOODS CUMBERLAND M273047-04 *** SIGN AND RETURN THIS PAGE *** J ~L~"'~' :-, D.1I!J1" .1. ~, '-"'~"'l!'&i'l'J_M.'l@<~Wj;j!1iJm;idfi.l,;,:,,*;.,:;r-!~$ili'ljiW!kfu....wI,-ot.'t~., ~ " ,,'~'~~~, ,o~ '~'"" '.'_,'c . ,,~ ",,, , -~, ""- , iIllti.i!l ,~~ """'" ~. ,~-~ c c ~;" -0C;, rnC--; .....,,_. ~~2j '- 1;Q ~."Cl ~,.c ~ "' C:J -- --;';'. ;',::~... ..r;'" - - . ... n ~-'{; ~ '-' "-::- ~\'j l() '--0 -^",'" .-P" - r0 .' \if~~:{, .~ ~ 0:> ,0 ~ ~~ ,.--, 'J. -",. 'll1rw! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , ~ DUNCAN & DUNCAN Vs. NO. 006565 LEWIS, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.2~ D HOLBROOK DUER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 4/11/61 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 717-397-9444 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Marjorie Aiken File #: M273048 F"""-- I" ,~a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I DUNCAN & DUNCAN Vs. LEWIS, ET AL No. 006565 TO: MARCUS MCKNIGHT III, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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: 3/20/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Marjorie Aiken Enc(s): Copy of subpoena(s) Counsel return card File #: M273048 i. <XltHlNWEl\LTH OF ~VANIA C()(INrY OF CUMBmLAND , DUNCAN, & DUNCAN VS. .,.. , . Fi le No. 006565 LEW!'S, 'ET' AL TO: MEDICAL BILLING REQUESTED SUBPOENA TO PROOUCE ooc:u-ENTS OR THI NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 LAN DR STE 1000, HARRISBURG PA 17112 ALLSTATE INS CO, 6345 F K (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docLment~iE ~'ftACHED ADDENDUM: 'f'.',' ,'l,,,,,' ; ",J:,> at MEDICAL LEGAL REPRODUCTIONS, Irf&r~::f DI~~TU~ ~~., ~HIDA.. FA You may de I ivfill' or mai I legib Ie oopiesof. the c!oCunents or produce thingsrequestect b, this subpoena. together with the certifictlte of 'CCr$liance. to the party making thi, request at the ,address listed above.' You have the right to seek in advance the rea",onable cost of preparing the copies or producing the things sought. THIS SU6POENA WAS NA/'E : ADDRESS: I f you fail to produce the docunents or things reQUired by this subpoena within t",enty (20) days after its ser:vk'r', tl:Ie ,Party ~eI(v.i';'9thi:;. ~ may seek a court orde'- carpell1ng you to carply wlth' It.', . " ., ".,' . ,-r t. ~I t SSUEO AT THE REQUEST OF THE F<X..LON I NG PERSON: D HOLBROOK DUER, ESQ TELEPI-PNE: , SlPREI'E CXlURT to-tl ATTORNEY FOR: 1::; 0 E C:ilES'T'NT1'T' ST r,ANcA::fl'I!;!{,PA 17602 215-335-3212 .~ . DEFENDANT \ ,/L;, ii I: BY T1-tE CXlURT: !; ,., ~~b't~~/c,J;~."C"VHOi"'iSion ".,~' I.,' ,',;,,.,' , ("H a ~j1,~ " , , 1 Deputy M273048-01 DAtE: '!~~l'l>lt?j:~' '" I' :.-",'", I, , i \ ' .'1 ..r '1'-1' I" , ,~ , ' ,; I , ~',' .' .;, " : ~ ,', -' , \", ' ,,I ~'4 \ ' ,', J: r , , ! . ~'.", 1'--' 1 r,; \: '.'\ (Eff. 1/97) ; ,.., , .' " .: , \ ; ~ ':, ,>,~;,' .,1 :.1 . ,,-- i~'." -" mW,;';t,- ADDENDUM TO SUBPOENA l:lUNCAN & DUNCAN Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: ALLSTATE INS CO **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: TAMMY DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 01/08/60 SSAN: 198589629 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for ALLSTATE INS CO CUMBERLAND M273048-01 *** SIGN AND RETURN THIS PAGE *** ~ ~,. -' ~~ .~'.l- J., ~I!Il1.<:lt;<ijli,,',', MT .L ~ R MEDICAL LEGAL REPRODUCTIONS, INC. 4940 Disston Street. Philadelphia, P A 19135 (215) 335-3212. Fax (215) 338-2980 The Jefferson Building' 1015 CheslnutSlreet . Suite 926. Philadelphia, PA 19107 Post OIfice Box 504 . Palmyra, NJ 08065 . (609) 541-5548 ADDENDUM ALLSTATE INS CO DECLARATION PAGE FOR THE 10/4/98 MOTOR VEHICLE ACCIDENT CLAIM #1553232973, 2/3/98 MOTOR VEHICLE ACCIDENT, PROPERTY DAMAGE INVESTIGATION AND PHOTOGRAPHS, ACCIDENT INVESTIGATION AND PHOTOGRAPHS AND ALL STATEMENTS, PAY-OUT SHEETS FOR BOTH WAGE LOSS AND MEDICAL BENEFITS, ANY AND ALL MEDICAL RECORDS, REPORTS AND BILLS, PRO REPORTS, APPLICATIONS FOR BENEFITS, CORRESPONDENCE TO AND FROM ALL MEDICAL CARE PROVIDERS AND INSURED(S), ANY AND ALL ADJUSTER LOG NOTES FOR THE 10/4/98 AND 2/3/98 MOTOR VEHICLE ACCIDENTS AND ANY AND ALL OTHER ACCIDENTS INVOLVING TAMMY DUNCAN WHILE INSURED BY ALLSTATE INSURANCE COMPANY. POLICY #02813402812/24 .'--- ~.,.,:~' m"__=~_'__, ~, '. ~ \' \ \- ,.'j ~~~ ,', f I I, ,\, ~ I, I,,: j" , ;,,1,,\1'" 1,11,; , . - ,.~.:'-,}'II- ~,},.--.;'~ :~'. ': ,.",~II-- :1 ;:'1' ' 1:-".1' '"'' ":, 't . .,.;.,) . " !. ~, ,. I ,~ ~':; ,. CXMol'ltMFALTH OF,~VAmA a:ml1Y OF aJMBfmAND J' \'-, . i; ,V' DUNCAN ,&, DuNcAN Vs. 'I. I' FUe No. 006565 LEWIS, ET AL TO: SUBPOENA TO PROOlX:E 00CltENTS OR TH I NGS FOR D I SOOVERY PURSUANT TO RULE 4009.22 CASSES CHIRO CLINIC, 313 S HANOVER ST, CARLISLE PA 17013 (N<<ne of Person or Entity) within twenty (20) days after service of tfds subpoena, you are ordered by the court to produce the follC7r'1ing docunen7~lEthA"'ACHEnADDENOOM , , ,,', " -, , ,- at ~DICAL LEGAL REPRODUCTIONS, 1I~~~jO D~~~TV~ ST., !BIbA., PA You may deliver or mail legible copies of the do<;unents or produce things requested hI this subpoena, together with the certificate of' 'cCfrI:)1iance, to the party making thi~ request at the addrEiss listed above. You have the right to seek in advance the reasonab IE cost of preoaring the eopies or producing the things sought. I f you fai 1 to produce the docunents or things reqUired by this subpoena within twenty (20) days after its serv~ce, the party serving" thi:; subpoena may seek a court orde'- ~elling you to CCJ'll)ly with 'it. ' ".", '. TH I S SUBPOENA WAS ......,. I.....,..~. ADDRESS: I SSlJED AT THE REQUEST OF THE FOLLOtY I NG PERSON: D HOLBROOK DUER, ESQ ls0 Ii: "';.Tll~'l'NTTT ST TELEP/1ONE: ' ' , ' SUPREI'E CCUlT 10. ATTORNEY FOR: LAN\,;A::;TElt, "FA 1'7602 215-335-3212 DEFENDANT DATE: 03/It./cl Sed of the, Oourt BY THE COJRT: ,.~ f! ~~,~. ProthohQtary Cl'erk. (j.JdL. r; ~ . I, . Civil Division M273048-02 Deputy (Eff. 7/97) " I I ~~~, =~,,' _.".~ 'ur JliIi, ~ .'" , "J ~~lil!liln .-" ~_~lIv. ADDENDUM TO SUBPOENA DLJNCAN & DUNCAN Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: CASSES CHlRO CLINIC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS A1'1D ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: TAMMY DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 01/08/.60 SSAN: 198589629 CERTIFIED PHOTOCOPIES WILL BE ACCEPrED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Author1zed slgnature for CASSES CHIRO CLINIC CUMBERLAND M273048-02 ** * SIGN AND RETURN THIS PAGE ** * ~" ~~'llllm*,-pC ~'"~ . ':1. ~ OF PmlNSYLVANIA COON1Y OF aJMmmAND I DUNCAN & DUNCAN VS. Fi 1e No. 006565 LEWIS, ET AL SUBPOENA TO PR<lOlX:E [)()Cl-"ENTS OR lli I NGS FOR 0 I SCOVERY ~SUANT TO RULE 4009.22 DR WILLIAM PHELAN, 2 TYLER CT, CARLISLE PA 17013 (NSIle of Person or Entity) TO: Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fO,11owing do<:unent~im ~TfACIIED ADDENDUM at ~EDICAL LEGAL REPRODUCTIONS, Il1~::s)O UL~~~un ST., PBILA., PA You may deliver or mail legible copies of the docunents or produce things requested b\ this subpoena, together with the certificate of COlllliance, to the party making thi~ request at the address I isted above. You have the right to seek in advance the rea~,onab lE cost of preoaring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within t"lenty (20) days after its serv~ce, ,the party serving thi:; subpoena may seek a court orde'o o:;rrpe 11 ing you to COlll1y with it. ' THIS SUBPOENA WAS NA/'E ~ ADDRESS: TELEPI-PNE: SlPREfoE ~T 10. ATTORNEY FOR: ISSUEO AT THE REQUEST OF THE FOLLCNlING PERSON: D HOLBROOK DUER, ESQ 15g Ii: Cfl,F.i'<TNTTTST ~cAB1ER, PA 19602 215-335-3212 DEFENDANT BY THE OOJRT ~ (l~"diA R ~'f;' Prothonotar ,/e erk, Gr- (l )),rdl,o___ eivilDivision JVI273048-03 DATE: o3ItJli.lc:)}' , Sea f of 'the Court Deputy I,' . , ", (Eff. 1/97) I ~. .,-,"f"",') ~~ ~ ~~. &\,-,laOl:-:=."-;' ADDENDUM TO SUBPOENA , DUNCAN & DUNCAN ~ Vs. No. 006565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: DR WILLIAM PHELAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY E~~INATION OR TREATMENT RENDERED TO: NAME: TAMMY DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 01/0S/60 SSAN: 198589629 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for DR WILLIAM PHELAN CUMBERLAND M273048-03 *** SIGN AND RETURN THIS PAGE *** I - ~~li;iMl!llb~I."!lH;'1li~2"lliit"",!::t:)-..ilI.l~.gj,~~;_fl:W;jW.~~.~i;~j-JA-i'.JI~~~tD,....."'.........'" t<,j, ,,:: ,(",__~-h_ :..r.::_JL J"~,<, ~-~" d7.<', ,-~ > '---"""~' ,-~ ,-,,-, ,. " ~ ~-~ ~~ L': \ (') C) ::, C Z -">1 V(U ;p'" , 52S~'! - :I] -::;? ~ w j'-~ ,'~ -~ 'c r-- ;:.:~ ~) :.--- ,-j V -- ~~.; i?:c --- ~C) ....''''' ;~~{ r~ ;Doe::: ::-'? '---' 2: -, =< w SJ <:0 -< ~ ~. ~ , ~ - ,"'; , u......,,~' ~ ' - i!iIii~!lJ;",""I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUNCAN~' & DUNCAN Vs. NO. 20006565 LEWIS, A MINOR, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Asa prerequisite to service of a subpoena{s) for documents and things pursuant to Rule 4009.22 D HOLBROOK DUER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena{s) with a copy of the subpoena{s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena'(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena{s) has been received, and 4. The subpoena{s) which will be served is identical to the subpoena{s) which is attached to the Notice of Intent to Serve the subpoena(s). Date: 09/12/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 717-397-9444 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Mercedes Feeney File #: M278301 I'" ~ ,,' -'., , '~ ~, ~'~ -,' " ~-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , DUNCAN & "'DUNCAN Vs. LEWIS, A MINOR, ET AL No. 20006565 TO: MARCUS MCKNIGHT III NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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: 08/21/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Mercedes Feeney Enc(s): Copy of subpoena(s) Counsel return card File #: M278301 ,,' , k ,,'" ",,<,,' " . &~, ,I>d,,,:- " \~;: :'~f'~',i'.., .1, . ~TH OF PmNSYLVANIA COUNrYOF OJMBERIAND , DUNCAN & DUNCAN Vs. File No. 20006565 .. ('-trn '. LEWIS,,~ MINOR, ET AL SUBPOENA TO PRODUCE lXlCU1ENTS OR TIl I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST, CARLIS~E PA 17013 TO: ATTN: MEDICAL RECORDS DEPT (Ncrne of Person or Entity) . ,;' ,,~~,,- ,i. Within twehty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.rnent!l os~nAs.rTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A~,9~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested b, this subpoena, together with the certificate of carpliance, to the party making thi, 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. I f' you fail to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thh ~,ubpoena may seek a court orde" carpelling you to carply with it. 7H I S SUBPOENA WAS NAl'E : ADDRESS: ISSUED AT TIlE REOOEST OF TI-iE FOLlCWING PERSON: D HOLBROOK DUER, ESQ 1 <; n R C'HRR'1'NTT'1' ST TElEP!-PNE: SlJPREI'E COJRT I D # ATTORNEY FOR: LANCASTER, PA 17602 215-335-3212 DEFENDANT BY THE caJRT: M278301-01 09/12/01 Prothonotary/Clerk, Civi 1 Division DATE: Sea 1 of the Court Deputy (Eff. 7/97) ,h,' ' , ,-, ~ ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 20006565 LEWIS, A MINOR, ET AL CUSTODIAN OF RECORDS FOR: CARLISLE HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: TAMMY FAYE DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 01/06/60 SSAN: 198589629 ALL RECORDS AT ANY TIME. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for CARLISLE HOSP CUMBERLAND M278301-01 *** SIGN AND RETURN THIS PAGE *** .,oJ"",'> ,-" , " ~ , <il: CQMMJNWEM.TH OF pmNSYI,VANIA aJUNrY OF aJMBERL!\ND DUNClAN & DUNCAN VS. Fi 1e No. 20006565 LEw;rS',,'A MINOR, ET AL SUBPOENA TO PRODUCE DCC:U1ENTS OR TH I NGS FOR D I sroVERY PURSUANT TO RULE 4009.22 DR DAVID EVANS, 850 WALNUT BOTTOM RD #A5, CARLISLE PA 17013 TO: (N<rne of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent..: OSE'rtn2ft'TACHED ADDENDUM at MEDICAL LEGAL REPRODOCTIONS'(A~~~ss1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subP<:>eha, together with the certificate of carpliance, ,to the party making thi! request at ,the address 1 isted above. You have the right to seek in advance the reasonab I€ cost of preparing the copies or producing the things sought. I f you fai I to produce the documents or things required by this subpoena within twenty (20) days after its servke, the party serving thh subpoena may seek a court orde.' carpel ling you to carply with it. THIS SUBPOENA WAS NAI'E : ADDRESS: ISSUED AT THE REOOEST OF THE FOLLCWING PERSON: D HOLBROOK DUER, ESQ lS0 F. CHRSTNUT ST TELEPHONE: SUPREl'E CCUlT I D # ATTORNEY FOR: LANCA~TER, FA 17602 215-335-3212 DEFENDANT BY THE COURT: M278301-02 09/12/01 Prothonotary/Clerk, civi I Division DATE: Sea lof the Court Deputy (Eff. 7/97) _. , f---~ V-,o,,_ ".!. J!!H'.5 ADDENDUM TO SUBPOENA DUNCAN & DrmCAN Vs. No. 20006565 LEWIS, A MINOR, ET AL CUSTODIAN OF RECORDS FOR: DR DA VID EVANS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: TAMMY FAYE DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 01/06/60 SSAN: 198589629 ALL RECORDS AT ANY TIME. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the ,best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Authorized slgnature for DR DAVID EVANS CUMBERLAND M278301-02 *** SIGN AND RETURN THIS PAGE u* i.I?; -, 1.."",....."".~'~iEi!'~llf~!!lloN~W-,;~Hl;&I,,~i.alo4)~~~n'ij~~~"" --~--& ",-. '. (] i.::) 0 C '-h ?' \:7t):'i U') " ,~ rt1r"", 1'"'1 ~~: " J'l;~ '.0 -";~) ~n .: 1) ~C} V S~ ~C:I :1:; ~C\ Pc c- fsm ~ ;.., ,,~ f'-' :n -< ',IJ ,~n ,,"., _"',."..... ~ ~ --. "-.:" h' - ","' -~~' r lil. -",,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUNCAN & DUNCAN Vs. NO. 2000 6565 LEWIS, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 D HOLBROOK DUER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/01/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 717-397-9444 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Mercedes Feeney File #: M278966 '-0, ,~__ i _, ", ,"__~~" 1;'" -."--."["j , , ~;~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DUNCAN & DUNCAN Vs. LEWIS, ET AL No. 2000 6565 TO: MARCUS MCKNIGHT III NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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: 09/10/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Mercedes Feeney Enc(s): Copy of subpoena(s) Counsel return card File #: M278966 ",' " ~ -!C-' ~TH OF PmNSYLV1\NIA axJNl'Y OF QlMBERUIND DUNCAN & DUNCAN VS. File No. 2000 6565 LEWIS, ET AL SUBPOENA TO PROOUCE DOCU1ENTS OR 11-11 NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR TOWNSEND, 100 S HIGH ST, NEWVILLE PA 17241 1'0: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!l OSE~n1{TTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS~A~g~ess'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonab IE cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within tw.enty (20) days after its serv~ce, the party serving thh subpoena may seek a court orde.' o:rrpelling you to carply with it. 11-11 S SUBPOENA WAS NJ\l'E : ADDRESS : ISSUED AT 11-IE REOOEST OF THE FOLLONING PERSON: DHOLBROOK DUER, ESQ l~O F. r.HESTNUT ST IELF.PH:lNE: SUPREl'E OOURT I D# ATTORNEY FOR: LANCASTER, FA 17602 215-335-3212 DEFENDANT 1a,'a1,'01 DATE: v\nT;;,. 0<-, 17. :uc, Sea 1 of the Court BY THE CXlURT: ('.,.-1,; fl ~~. prothonotaryf J ,Civil ChA (} ~ M278966-01 Division Deputy (Eff. 7/97) n" Ii '" . ,. --" ,~-,'--;..;;~ '~ ,- " .&m[' ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 2000 6565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: DR TOWNSEND ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10103/59 SSAN: 165540974 ALL RECORDS AT ANY TIME. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A VA/LABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS ) PATIENT BILLING ) RECORDS 1 XRAYS have been destroyed Authorized s1gnature for DR TOWNSEND Date CUMBERLAND M278966-01 *** SIGN AND RETURN THIS PAGE *** - . ~ , i '~. ~ -. '--" COMMJNWEALTH OF PENNSYLVANIA 0JUNlY OF CUMBERIAND DUNCAN & DUNCAN Vs. File No. 2000 6565 LEWIS, ET AL SUBPOENA TO PR()C)(.a:: DCCLM::NTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 DR DONALD BRADLEY, 1485 HOLLY PK, CARLISLE PA 17013 TO: (Na-ne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docurent", ogEitinA~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(;~~~ss1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the clocunents or produce things requested hI this subpoena, together with the certificate of carpliance, to the party, making thi, 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 t~enty (20) days after its serv~ce, the party serving thin subpoena may seek a court orde'- carpel ling you to carply with it. n-1I S SUBPOENA WAS NAfoE : AOORESS: ISSUED AT THE REQUEST OF THE FOlLOHING PERSON: D HOLBROOK DUER, ESQ l~n F. CHF.STNUT ST TELEPt-OIE: SUPflEl'E OOJRT I D# ATTORNEY FOR: LANCAOTER, FA 17602 215-335-3212 DEFENDANT ~/~~:~1 DATE: M< 17 JMJ/ ealof the Court BY THE rouRT: (l -r, .12 ~7i1;t' . -.Jj},"..... > , A-( f ....: Prothonotary/ I . Civil ~r~ ()/1vP/~., Division M278966-02 Deputy (Eff. 7/97) I" I. " , ,,.~ ,', ~' -,' 1k 'ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 2000 6565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: DR DONALD BRADLEY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: RANDJI.LL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/03/59 SSAN: 165540974 ALL RECORDS AT ANY TIME. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR DONALD BRADLEY CUMBERLAND M278966-02 * ** SIGN AND RETURN THIS PAGE * ** ~4:WlJiW~iiJ_iltJU<<.jjj;.~iR~"'f,",iM.!iotill.&Oi,O'iMW"I".,.~,~Icl~'~;,ffih~~~'."~a lii-fliII!l11jM~~~ ,AL ~m!l!~ IT . .. ~~" ~~,,; ,'0 ?"i<_ . "~, . --!ill.'''''' -~~~ o c :;:; uG~ !i:', :.::S.c- ~____ l~~,' ~~~ :~ ,~, - - 0'. c' c} -~';'l '''i o C) ---j o ~c,' f)? '-.-) ;...~, ->'\. .J :=,\n ::-:-,':.1 :0 --,,: ''0 (AJ ~:: ~'Oir-"'" ~ (<N1fu'1:\'., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY )' DUNCAN & DUNCAN Vs. NO. 2000 6565 LEWIS, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena{s) for documents and things pursuant to Rule 4009.22 D HOLBROOK DUER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena{s) with a copy of the subpoena{s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena{s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena{s) is attached to this certificate, 3. No objection to the subpoena{s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/06/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 717-397-9444 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Mercedes Feeney File #: M281027 "'"_d.......~~.~~ . ~~~- , ' ...,;'"....',;k...~-_ '1_,'1.l'1~11" IN 'QIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . DUNCAN & DUNCAN Vs. LEWIS, ET AL No. 2000 6565 TO: MARCUS MCKNIGHT III NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 obj ectionto the subpoena. If no. obj ectionis. made the subpoena may be served. Date: n/13/01 D HOLBROOK DUER, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET 0 PHILADELPHIA, PA 19135 (215) 335-3581 By: Mercedes Feeney --Ene(s) : File #: CC;>PY; bf subpoena (s r . ., Counsel return card M281027 . - ..~_.. '.. ... .. .. ... '!<:I'!!:~.- " " ~"'"~-~~\r, . ~TH OF PmNSYLVANIA <XlUNl'Y' OF aJMBERL!\ND DUNCAN & DUNCAN vs. Fi le No. 2000 6565 LEWIS, ET AL SUBPOENA TO PRODUCE DOCLtENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 DR JAMES SPERTZEL, 1458 HOLLY PK, CARLISLE PA 17013 TO: (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents ~Eftinl~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(}crdh.s~r40 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested hI this subpaena, togetherwit!Lthe certificate ofucarpliance, to the party making thi~ request .at the address 1 isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thin subpoena may seek a court orde" corpelling you to carply with it. THIS/SUBPOENA WAS NAME: ADDRESS : I SSUED AT THE REQUEST OF THE FOLLo,v I NG PERSON: D HOLBROOK DUER, ESQ l~O F. CHESTNUT ST TELEPHONE: SUPREl'E CCU<T 10 41 ATTORNEY FOR: LANCA3TElR, fA 17602 215-335-3212 DEFENDANT DATE: Sea 1 of the Court BY THE COURT: C":;~t~{7cr;~~. Civi'l 01'" {l ~/~~ Division M281027-01 . /(//5'701' ". .. n ,.. Deputy (Eff. 7/97) ,~''',,'',..~,-''''-'"'' ,~ ~~ '=< ~~. ~~'"",~",,,,-' . ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 2000 6565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: DR JAMES SPERTZEL ANY AND ALL MEDICAL RECORDS FROM 1970 TO 1990. PERTAINING TO: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/03/59 SSAN: 165540974 , _m _, __, , , ____ U CERTIFffiD PHOTOCOPffiS WILL BE ACCEPTED IN LffiUOF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN . [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS A V AlLABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYShave been destroyed X-RAYS .. .' . ;, Date Authorized signature for DR JAMES SPERTZEL CUMBERLAND M281027-01 *** SIGN AND RETURN THIS PAGE *** ~",,".u~""""-"" '~"1 ~ ~~~~' '.~=,~ ~~*~ili"n'J, . aJMMJNWEALTH OF PmNSYLVANIA COUNl'Y OF aJMBERLl\ND DUNCAN & DUNCAN VS. Fi 1e No. 2000 6565 LEWIS, ET AL SUBPOENA TO PRODUCE O<X:l...tENTS OR lH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 RITE AID, PO BOX 3165, HARRISBURG PA 17105-0042 TO: ATTN: MARIA BARLETTA (N<rne of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.rnentl'l OSEitin1"TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,( INC, 4940 DISSTON ST., PHILA., PA Address) You may deliver or mail legible copies of the documents or produce things ,requested h, this subpoena ,-together wi th,. the.,!;:ert if icateof ,q:upliance;. ~t6the party. maki ng th i ~ request at the address I isted above. You have the right to seek in advance the reasonab IE cost of pre9aring the copies or producing the things sought. I f you fai 1 to produce the documents or things required by this subpoena within t"!enty (20) days after its servke, the party serving thir; subpoena may seek a court orde;' ccrrpe 11 ing you to caTply with it. lHlS SUBPOENA WAS ISSUED AT lHE REQUEST OF lHE FOLLOHING PERSON: D HOLBROOK DUER, ESQ NAI'E : ADDRESS : 150 E CHESTNUT ST LANcnETER, 'R~ 17602 TELEPHONE: o SUPREfoE COORT I D .~ ATTORNEY FOR: 215-33!>-3212 DEFENDANT t//is'/OI , BY lHE COORT: (];;,', " ' " ' /;,', - 0, -, "'.'.. ", ',' nn - J'C.Q.:.v ' A~~othonotar~iei-'k: Civi 1 01'" Q ~ Division M281027-02 DATE: Sea 1 of the Court Deputy (Eff. 7/97) ~~_II,<l;;;;;',' ri '~,,- _=L ~ ~ ~"" .,~ ,,,,';~_O' ... ADDENDUM TO SUBPOENA DUNCAN & DUNCAN Vs. No. 2000 6565 LEWIS, ET AL CUSTODIAN OF RECORDS FOR: RITE AID ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENTPHYSICAtS, WORKMEN'S, COMPENSATION'CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: RANDALL DUNCAN ADDRESS: 1620 PINE RD CARLISLE PA DATE OF BIRTH: 10/03/59 SSAN: 165540974 *EMPLOYMENT STARTED 9/20/82. *OCCUPATION: DRIVER CcC C][RfIFIElr,PHotoCOPIES WILL BE ACCEPTED IN LIEU, OF'Y()URPERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE;. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed .' . '. -.- .n_. .. .....' ..,.,~ --,_ _-_ Date Authorized signature for RITE AID CUMBERLAND M281027-02 *** SIGN AND RETURN THIS PAGE *** ~~...... Ii.;""'-"'~' '~~''''';;''I~~j~ J J!r-" "I)~:" _.1>--. ,"~.a""""~=,,,,'''=_"'''' M '''>h~Jd~iI/.1~W'!i!~~~~' ~ ~"' .~ "., "-'. " 11110'[__ - " ,'" "" .... C) C " J <~ 0 \::J " , -:, " ITI r: ,--) ~, /.. Uj ~-J -< r::: -U ~, ~" C- O ::::: C 5> N ,.--, C'" " , .c~ Z r......,) "-,. ::;,! :q Co- -, ~ " I' FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire LD. No. 83030 150 East Chestnut Street Lancaster, PA 17602 Attorneys for Defendant (717) 397-9444 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDALL E. DUNCAN and TAMMY F. DUNCAN Plaintiffs No.: 2000-6565 v. LESLIE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE L. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE L. LEWIS, Individually Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY I WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of D, Holbrook Duer, Esquire and enter the appearance of Brian A. McCall, Esquire on behalf of Defendant, Leslie, John and Yvonne Lewis. All papers may be served on Flanagan and Associates, 150 East Chestnut Street, Lancaster, PA 17602. ''. ~ FLANAGAN AND DUER ~ By' ' ~. . D. Holbroo Duer, Esqu~ LD. No.: 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Dated: ~/UJ/t~ I I FLANAGAN AND ASSOCIATES . McCall, Esquire o. 83030 o East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Dated: 0~ Z- I I , "~-,,, " ~('-"'\ " -"'>:,'" ,," . , CERTW~ATEOFSERV~E I HEREBY CERTIFY that on this day I served a true and correct copy of the foregoing document, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17103 FLANAGAN AND DUER,.,. ~- ~. all, Esq . . ,No.: 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Dated: &/2--0 If; Z- / ' I:, . n ~. ;, iiihWill~I~~" oi.i11tlMiiIt~iiilUi _Il -".., .. - >- ~',< ---~ ," '<'"-- ,'~"--, ,_~C"~, " ~', "- . ~ .' , () 0 C') C N ., $. '- :;:! "'t)(" C.:: 92gj ,,,- ~n ..1>:... ~75 S~, N ".., ~ ---n ,.'j \".:J - i -<..e:::. () ,", ~\.~; :''12 (:'1~ ~E; .~--:;". :X! .....;:;,. v (") .;7 N ,"., rn >c::: V 3 -'i i"V -", -- ~ ., ...j " [, , ", ,- ~ "",,,,-"~ " ". '~,' I FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 Attorneys for Defendant (717) 397-9444 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDALL E. DUNCAN and TAMMY F. DUNCAN Plaintiffs No.: 2000-6565 v. LESLIE D. LEWIS, a Minor by JOHN R. LEWIS and YVONNE 1. LEWIS, Guardians, and JOHN R. LEWIS and YVONNE 1. LEWIS, Individually Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY / WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of D. Holbrook Duer, Esquire and enter the appearance of Brian A. McCall, Esquire on behalf of DefendantS, Leslie D. Lewis, a Minor by John R. Lewis and Yvonne 1. Lewis, Guardians, and John R. Lewis and Yvonne 1. Lewis, Individually. All papers may be served on Flanagan and Associates, 150 East Chestnut Street, Lancaster, P A 17602. FLANAGAN AND DUER FLANAGAN AND ASSOCIATES By: By: . McCal ,E uire- 0.83030 150 East Chestnut Street Lancaster,PA 17602 (717) 397-9444 f\-Q-C> ~ Dated: . Ho ook Duer, Esquire LD. No.: 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Dated: nr q....e:t.:l. .,c-" " ", , ,,--~;.,' ~'i~",'';;',,1' ""'_'..,.",,;"'0', ,;, _'2'-'_0'> __ '['"',", CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I served a true and correct copy of the foregoing document, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomftet Street Carlisle, P A 17103 Dated: f\-<\-Od- FLANAGAN AND ASSOCIATES B~- r,' . McCall, Esquire -=--,. .. 0.: 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant ~" '"'~-. 'iiil!II"'~-""if~ lilLLl ", ~ " -" ~L ,,.,,,, '. '""'",,,.. - -, ,..... i ~ ~~"-"<- o c ~ "0 CO men Z:rr z;:;.: (f)"",:,; -<...::- !<c )......C) 60 ;Doc z ::2 , o I'V '- C ;- ~ ,-" ,,- .c'i,-:n , .11'- ::'g8 ~~J(:i ~----'-t'r ~~5 /-m () -I ~ '< " ::>: ':? :::> co i", ~;~" RANDALL E. DUNCAN AND TAMMY F. DUNCAN, PLAINTIFFS vs Case No. 2000-6565 LESLIE D. LEWIS, YVONNE L. LEWIS, DEFENDANTS a Minor bv JOHN R. LEWIS and Guardians, and YVONNE L. LEWIS, Individually, Statement ofIntention to Proceed To the Court: RANDALL F. DUNCAN and TAMMY F. DUNCAN intends to proceed with the above captioned matter. Print Name MARCUS A. McKNIGHT, III SignNam Date: SEPTEMBER 23. 2005 Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. L Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope - of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v, Eagle, 551 Pa, 360,710 A,2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901 (b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course ofthe procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. "Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule23 O( d) for relief from the order of tennination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action, If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make.. shaw in to the court that the petitiouwaspromptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently oftennination under Rule 230.2. Llll~""'lI~~ill!!M<1""l1:h.M-'liIr",~;i~mbl~-~a&~' "-, ,>~ ."^ ~.. -~. ,"_". _Y_,C, ~ ~.~-"'-"'-'''''''''''''~ .. ~ -',n ~"'i ~ ',-" ("') "', 0 c.."'? s.; = -n c.n -Jl;"-~ c:> --4 , ::C-n C) fnp <- -4 -Or>: ;;" N '~p9 ,~, t,~C) -:' "'Ii ::-':'- -0 S"2 ~I3 }.~(-, _1;" -:.-:-;--:, ~rn :::'::,''--' Ii' '=i ....,..-.. '-- "'7 -", :'-3 $:"' SJ .~~ -' --<.