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Home My WebLink About00-08435 ~__._~ .". _",,'__~ ""~_~' ,~< _~''''''''no' ',,__<= >"~~H~=-~~--~=~M" - - ,,_-,. ,,".~::: MERLE O. GUTSHALL, JR., PLAINTTIFF, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - ~l{35" CIVILTERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summons against the defendants, Charles W. Staab and Melanie S. Staab. Please direct the Sheriff to serve the defendants as follows: CHARLES W. STAAB MELANIE S. STAAB 12 WEST MAIN STREET NEW KINGSTON, PA 17072 Respectfully submitted, IRWIN, Me IGHT & HUGHES By: Date: December 4, 2000 Marcu A. McKnight, ill, Esquire 60 WestPotnfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme Court LD. No: 25476 To: CHARLES W. STAAB and MELANIE S. STAAUB You are hereby notified that Merle O. Gutshall, Jr., the plaintiff, bas commenced an action against you which you are required to defend or a default judgment may be entered against you. f~~ ~~ Arr{3 P 0 ONOTARY /<,f. IkAIIf~~ )~I . " ',<. By: "--, ./ Date: ,[)Q c.e~,b&-t;"'. 2000 ". ',,,..' ....,f, ,,' ~- , -dO ~ <" . ' . ,_ _c..-U:' ,,,: ,-,~'.,.i..-- -:J-_,-J ~_ ~,-,-__'''',-''''';_r,"..<.~;,,,",'ili;'.\';'~I'''''''" <<'.. "'",",,,", '. '';;'__', _ ',;,~ ,'_:, MERLE O. GUTSHALL, JR., PLAINTTIFF, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-$435 CIVIL TERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please reissue a Writ of Summons against the defendants, Charles W. Staab and Melanie S. Staab. Please direct the Sheriff to serve the defendants as follows: CHARLES W. STAAB MELANIE M. STAAB 1732 WARRIORS ROAD PITTSBURGH, PA 15205 By: Date: January 5, 2001 Marc A. McKnight, Ill, Esquire 60 WestPomfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme Court LD. No: 25476 To: CHARLES W. STAAB and MELANIE S. STAAUB You are hereby notified that Merle O. Gutshall, Jr., the plaintiff, has commenced an action against yon _"'" = """"",oo _d m. ...._, _"" """"'..... ,= ~ (J1;i-,p ) Q PROTHONO Y 4o~<z p ~~/'Uy. r DEP TY By-:-' Date:D ~(" ..s' . 2000. ;;;'~,,--:"~L,,: .;.'-i-' <",' :",:,,~..;.;.~,-, ~~-~, -"--~ . ~< '~< ff' -=, --",- '~"--- ~--' - o C ;;::" --:-..::;:.. V" nlh7 Z~X:: ~~0 r:-..:c ~B ~ :::::: -"j "<.. a :c~-"> ,~,~- I (Ii ~\:" I'.~) :'J ~ -; "'-, -"'''' . ~~""- _~ L", _~~ '""'fur__ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-08435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUTSHALL MERLE 0 JR VS STAAB CHARLES W 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: STAAB CHARLES W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY serve the within WRIT OF SUMMONS/REISSUED County, Pennsylvania, to On January 26th , 2001 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge DEP. ALLEGHENY NOTARY/ALLEGH. CO CO 18.00 9.00 10.00 46.25 6.00 89.25 01/26/2001 IRWIN, MCKNIGHT R. Thomas Kl ne Sheriff of Cumberland County & HUGHES Sworn and subscribed to before me thi s /....r day of .J~.""1 ~I A.D. q'f<' Cl )uA~ ~ Prothonotarj di:, '-. ~~" ~~~ " .lI" "' . '-""'"'' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-08435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUTSHALL MERLE 0 JR VS STAAB CHARLES W ET AL R. Thomas ICline , 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: STAAB MELANIE S but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, pennsylvania, to serve the within WRIT OF SUMMONS On January 25th , 2001 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/25/2001 IRWIN, MCKNIGHT ~ /. Thomas ;;we ' Sheriff of Cumberland County & HUGHES Sworn and subscribed to before me this /~ day of :i~ ~~A.D. Y/L~ (2 'Ih.tlJ;., A~{llf" Prothonotary/ " '~.": " L I ,_~ '="iillfillf- SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-08435 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUTSHALL MERLE 0 JR VS STAAB CHARLES W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry fOT the within named defendant, DEFENDANT STAAB CHARLES W but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , STAAB CHARLES W DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, LIVING IN ALLEGHENY CO. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge .00 4.96 5.00 .00 .00 9.96 ~ . Thomas Kine Sheriff of Cumberland County IRWIN, MCKNIGHT & HUGHES 01/26/2001 Sworn and subscribed to before me this I~ day Ofy'~ :4-0 i A.D. S1~, r? htfjJh", HfJS P 0 onotary , ~ - I. ,- ~ " - SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-08435 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUTSHALL MERLE 0 JR VS STAAB CHARLES W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT STAAB MELANIE S but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , STAAB MELANIE S DEFENDANT NO LONGER RESIDES AT ADDRESS STATED LIVING IN ALLEGHENY CO. Sheriff's Costs: NOT FOUND RETURN Service Affidavit Surcharge 5.00 .00 .00 .00 .00 5.00 ~~ . Thomas Kline Sheriff of Cumberland County IRWIN, MCKNIGHT & HUGHES 01/26/2001 Sworn and subscribed to before me this J#' day Of]~ ~I A.D. ~Q.~^~~ Pro h notary , , , ! . In The $:ourt of Common Ple~s or"cumbedand CO~~~~~~I~ani~- Merle O. Gutshall VS. ' ~ serve:ChCa~g~~else(3w.w.S~~t:ab:Ret.,al. No. 20-84.35 Civil 1;JrJ \\\ ~r~~QD~~'\D~ '\JNOW, 1/8/01-- , ,20Q(),I,SHERlFFOFCUNfBERLANDCOUNTY,PA,do hereby deputize the Sheriff of All egheny County to execute this Writ, this , ~~ '~"~""'-"~ deputation being made at the request and risk of the Plaintiff. , ' ~~~-~~, Sheriff ofCmnberland County, PA Affidavit of Service Now, /-/~ ,20 oJ; at //~';:J..)o'clock,4. M. served the , ' '. within r- upon c /I ~t.e 5 W. ,/'/32-- WA-.4}v6-'W , CMAehu-;...) sY~ ,V IN sf~ "'<-b ~~{a~' at by handing to and made lmown to copy of the original CII.rwz.,LR..s. /;v~ J"iltf~ the contents thereof. a Not. ;al Sea' Sheila R, OS. ,n, Notary Public Plttsbuf gr, ~'I.gheny County My Commission Expires June 19, 2004 Member, PennsylvaniaAssOClauOnOINofaries Swom and subscribed before me this _ day of .Wl! 22; ~ ~J. ~~i ./ - - County, PA ';I COSTS ,/ SERV1CE ~ l,rd-.S MILEAGE AFFIDA VlT t... 00 $ $ 5d:~~ ~,.-_., "iiIi!IiIlI*~u..-~~!, , ~~.:.....~"' '; _i "".1,- j:< L_i_-. ~_" (_'< In Th~ Court of Common Pleas o.f <;'J<~berlan~~ ~nSYIVania Merle O. Gu tshall, Jr. .~ . . serve~h~~i:~i:'S~t~~~:.b et. aL . ..,. Jfil.., .. ~ ~ , "~\fj;~.~~~~ ~~'o4Q~'8435 Civil --.f)Cl .V~~'200C"'~~CO=V'PA'do hereby deputize the Sheriff of Alleqhenv County to execute this Writ, this '''' deputation being made at the request and risk of the Plaintiff. , ' ~~~~~-~ Sheriff of Cum her land County, PA Affidavit of Service Now , / -/" - ,1,2Cb-L,at 11,1,t-P-/o'c!ock i4- M. served the I , within H-f l ~ ~ I hI' { -HVI<' e S' 5'r/Ci-"l.6 s .nL~ upon by handing to /73 2- Wfti IN I- at 1f.;2;21' ()J4/ a copy ofthe origirial' and made Imown to /'1 eL~e 5' Yf-a~ the contents thereof. So answers, Npt. 'al Seal Sheila ROB, ,n. Notary Public , Pittsburgh, Allegheny County My Commission Expires June 19. 2004 S ,Member. PelJ{1sylv~QlaAllSociatlonofNotanes wo~ ana SU~SCrloea oer3li~ 2 ~ 2001 methis_oayof ; ~o_ #.u/j;0JI~Ji6t Of SHEtuFFOF ALLEGHENY COSTS SERVICE $ MILEAGE AFFIDAVIT $ "" , ~- ... ., . "_,"I~'.J.,~"~"-"'-',,-~.>.l~-""'-~ .-""''''-~'":'! . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUSTHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Michael B. Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attomeys for the Defendants, Charles W. Staab and Melanie S. Staab, in the above-captioned matter and mark the docket accordingly. BY ER, LERMAN, & CALKINS Robert A. Lerman, E J.D. No. 07490 BY '()~ If -" eAb . hael B. Scheib, Esquire LD. No. 63868 Date: aJ~i Attorney for Defendants 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 " ,~-~,~~~ -0" '0_ 'V '~_'-'-''''--' ", ..- '~"~''''-"'''' - ,,-,.' ~i"ol' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MERLE O. GUSTHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of ~ ,2001,I,RobertA.Lerman, a member of the firm of GlUFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance as indicated below, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (counsel for Plaintiff) [ X ] United States First-Class mail [ ] facsimile transmission [ ] personal delivery [ ] commercial overnight delive Robert A. Lerm Supreme Court ID No. Attomey for Defendants 110 South Northern Way York, Pennsylvania 17402 (717)757-7602 By acc/mbs/staab.prp.z '">'~---<.'--,,~' '" ,~" ,-.~' ,.',- '~.~- ";'~''''''>''', '~';-.,~, ~ " -"""liltli!iiI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon Merle O. Gutshall, Jr., Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY Mi hael B. Scheib, I.D. No. 63868 Attorney for Defendants 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 NOW, ):'d .:J(l , 2000, RULE ISSUED AS ABOVE. ~ ao~~ DEPUTY PROTHONOTARY Q~p~ -" ~ ~--- - -- "', - -~ " -_,'- Ci .,;,-,-,",'~, _,.' _ _ t, ,c';-,''- - ">-;""-' ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I (t day of ~ ' 2001, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Rule Plaintiff to File a Complaint as indicated below, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiff) [ X J United States First-Class mail I J facsimile transmission I ] personal delivery I ] commercial overnight delivery By Mi a . Sc eib Supreme Court ID No. 63868 Attorney for Defendants 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 klrlstaabl.prp =~ " n_" -" '-'_N__"',~,,,>.,,. -"-'""---~ '_;;;"W~" . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W . STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _I Lo...J.h day Of~, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendants to Plaintiff via First-Class mail, postage prepaid, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & ALKINS By1!t Michael B. Scheib Supreme Court ID No. 63868 Attorney for Defendants 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 klrlstaab.int 34 - __ __ ~ -.- ..-~--~ ,-~ 0'- __, _, ",,"_, '" "l1lliiililitil~, i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF YORK I, Michael B. Schieb, served a Rule to File Complaint upon Plaintiff's counsel. The Rule was served by Certified Mail, return receipt requested. Attached is the return receipt card for this Rule. As per the return receipt card, Plaintiff's counsel (Marcus A. McKnight, Esq) was served with the Rule to File Complaint on February 23, 2001. Mic ael B. Scheib, Esquire Attorney for Defendants Staab Sworn and subscribed to before me this IS';{- day ~J~ Notary Public My Commission Expires: Notarial Seal Leslie L. Lehman, Notary Public Springettsbury Twp., York County My Commission Expires Oct. 23, 2004 Member, Pennsylvania ASSOCiation of Notaries , . ' . MERLE O. GUTSHALL, JR., plaintiff Civil Action - Law IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-8435 vs. CHARLES w. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED \-, Return Receipt Showing Date of Delivery and to Whom: i ,*cotTtpr~ie ijeniel, 2, "iid'3,:.xisbcl,m it . , ite,m 4 If Restricted Delivery is desired pee . ~rl~~ ytour nam~ ,and address an the r~verse_ , so a w,e can return the card to 0lI . . Attach this card to the back of tht m~ilPlece or on the front if space permits. ' 1, Pttide Addressed to: ;" , . Hart-uS .+, (VI c,K'f11rJ if . Irwil\( WcASV'\(lf+- '. Coo ~~m1YG{-SlY< S3(r6Ic{ fA-- 1'1D(3- _----'--- _____2A:::.-d- Irticle 1\ 3, Service Type ~ertjfjed Mail 0 Express Mail o Registered 0 Ret . Durn ReceIpt for Merchandise tnsured Mail 0 C.O.D. 4. _Resjrigt~d_D~v5lI)'?_(€xtra F~l - Qyes ~ .J",~ bo.M-0952 T -- ~ ,---- . ,,;- -:q ~~ .-""- , ~--.-- , , , '"'___'~'~,'V'._'__ ,.~,~ -'~'-';r,--. o._lj . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J 61 day of1i~~01 I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Affidavit of Service, by United States Mail, addressed to the party or attorney of record as follows: , Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 (counsel for Plaintiff) [X] United States First-Class mail [ ] facsimile transmission [ ] personal delivery [ ] commercial overnight delivery By: GRIFFITH, STRICKLER, LERMAN, SO MOS J'NS MIC . SCHEIB, ESQUIRE Supreme Court J.D. #63868 Attorney for Defendants Staab 110 South Northern Way York, PA 17402 j. ...-" " ".e-, , ,,' .- ,0_-, ,~",-- - ~,,- ~_:"", __ _,~__ ,_~ ,'v- ,,','.- '-, ; ~,,:" t-;c~':",,-,.;:,., ;;;;';-',,-c.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Duane Edward Kough certifies that: (l) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served, or the twenty (20) day period has been waived by opposing counsel. (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objections to the subpoenas have been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached Date: t-{{{ to the notice f i tent to serve the subpoenas. r""~;-'''-'f ,~, ,L-rr-"<;;~_';-'oik<jjl!_J -,.~c--. --'-"ni''':;'';''' i..c' 1<llh\{ill~~,~,";'mi!mil1!fu!: ~,-- ~ '-=,~~ ~,' ,... __.,;. ;..,0 "-"-\--',~,';- ~-~ -,~.,;~ " o c: .c-: "'1:.')\-, m:---;" Z':::-- 2:-,- U),- -<:.:- ~~~, ~:;?'-: --:-/, I -~, -"'1-- ~ ._.; f',,) c- -< - , "'i_-Ur'-~" =~ c'", b~'Ct; '" ':'j""-'~; " ~ ~-, cJ " ':-'1 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Merle O. Gutshall, Jr. c/o Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS / BY: Michael . Scheib, squire Attorney for Defendants Supreme Court I.D. #63868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ~ - - '~ - '" '.' -, _"" "V"" 1 ;."'~ L~, --'h~~ >'0_'., -,' - M! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS CHARLES W. STAAB AND MELANIE S. STAAB TO PLAINTIFF'S COMPLAINT Come now, Defendants, Charles W. and Melanie S. Staab, by and through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, in response to the allegations in Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 1 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 2. Denied. The correct address for Charles and Melanie Staab is 1732 Warriors Road, Pittsburgh, Pennsylvania 15205. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 4 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. n- ", , - .'~ . ","- " " - ",,--, '~:" C',;,. --",:. " -.-{ . ^ " .---L- ;~ , ' ~ ~ ~""";I 5. Admitted in part and denied in part. It is admitted that Melanie Staab was driving the vehicle which was owned by she and Charles Staab. It is further admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 5 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 6 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 7 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 8 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the 2 "--' , ""_;":M-'" ,,',_. ,.__c,_,;'-.-, " "~'~-'''".--' --~-,- , , v to. ; ',.,;', -~ .,~,;~ _ -':! allegations set forth in paragraph no. 9 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 10. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 10 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 11. Denied. This paragraph states a legal conclusion to which no response is required. Melanie Staab, however, was not acting as the agent for her husband, Charles Staab. 12. Denied. This paragraph states a legal conclusion to which no response is required. It is specifically denied that the Defendant was negligent, careless and reckless in that she was: a. traveling too fast for conditions; b. was unable to control her vehicle while driving on a state highway; c. failure to pay attention to the traffic in front of her and failure to pay attention to the plaintiff's vehicle which was stopped in a line of traffic in front of her; d. following too closely to the vehicle of the plaintiff and unable to avoid the collision; e. failure to warn the plaintiff of the collision by sounding her horn; 3 H . - ,,, ~ u__'" - , . - ". - "" ,~ - '~~! f. operating her vehicle in a careless manner and with reckless indifference to the risk to the plaintiff; g. failure to adequately control her vehicle; h. failure to properly apply her brakes in order to avoid striking plaintiff's vehicle; and i. failure to bring her vehicle to a safe stop. On the contrary, at all times relevant Defendant acted in a lawful, careful, safe and prudent manner with due as required by the circumstances. 13. Denied. This paragraph states a legal conclusion to which no response is required. 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 14 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 15. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 15 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 16. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 16 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. 4 '_r ..~'--. _"O'.~"'~o' -^.-~, -, -" _>' ,"., '" '-l_~<;:o~_, ,'-.Ld,::i 17. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 17 of Plaintiff's Complaint and same are denied and strict proof thereof is hereby demanded. WHEREFORE, Defendants Charles W. Staab and Melanie S. Staab, respectfully request this Honorable Court to enter judgment in their favor and against Plaintiffs, together with the cost of this lawsuit. By way of further defense. NEW MAHER 18. Paragraphs 1 through 17 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 19. Melanie Staab was not the agent, employee or servant of Charles Staab. 20. There is no agency relationship between Charles and Melanie Staab. 21 . Melanie Staab is the wife of Charles Staab. 22. Melanie Staab and Charles Staab were the owners of the vehicle that was involved in the accident. 23. Melanie Staab had permission to operate this vehicle. 24. Plaintiff's injuries, if any, were caused by acts or omissions which were caused by third persons over whom Defendants had no control. 25. Plaintiff's injuries, if any, were caused by events which either pre- dated or post-dated the motor vehicle accident which is the subject of this lawsuit. 5 .-- ,,-,,,-,'-: : ,- ,~-- . , ~_' c",,-,_ . ',",'. <~i,;_j>-;'';: ;/., , ,,_:_~, ,_, _ , - i:i~ 26. Plaintiff's injuries, if any, are barred or limited by Motor Vehicle Financial Responsibility Law. 27. Plaintiff had suffered a prior injury to his neck. 28. Plaintiff had suffered a prior injury to his back. 29. Any injury which Plaintiff suffered was an aggravation of a pre-existing condition. 30. Plaintiff has not suffered any out-of-pocket expenses. 31. Plaintiff's Complaint fails to state a cause of action upon which relief is granted. 32. Plaintiff's claims are barred by the applicable statute of limitations. 33. Any claim for an intentional tort is barred by the applicable statute of limitations. 34. Any claim for punitive damages is barred by the applicable statute of limitations. WHEREFORE, Defendants respectfully requests this Honorable Court to enter judgment in their favor and against Plaintiffs, together with the cost of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS a BY: MICHA L . SCHEIB;" SQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 6 h'_' r- n_""",-,_ ._."__ '";~_ :', ~""c ,-' , ,,~,- " -- - - --~;;:, ~,"~'" ^'; . :.- VERIFICATION I, Charles W. and Melanie S. Staab, hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. ~ 4904 related to unsworn falsifications to authorities. Dated: /' j/~ I Us v L CHARLES W. STAAB Dated: </-IIo-DI U(}lt~;;;RJjkt ELAN S. ST A4\B to<: - ,,'~ .,.~,~-_:. ~i-,"< ",'-". '''-'='-- ;<,-;--',:,_,L'_~" ~' ,'-- ,- ;, :--''''-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE . I,,", {\f\n; 0 AND NOW, this ~ of +=rr V~ , 2001, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Answer and New Matter by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: Mi h . Schel , ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendants kJrlstaab.ans ''[ 0--'-' -~ "c"' c "' ", , s, . "~ . ", "' .~" or,' , " """ , " " , ","._~ -<" ,~,-, ",.' ~i'"",,-:,.-,< ;:~,..,.:~ -"', ;;,>_i\\;;J'~ MERLE O. GUTSHALL, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-8435 CIVIL TERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED 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, Pennsylvania 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 with 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. I ~, L _ _'""'<." ,-""i~_,"-" .~~, ~,'__"_'-' -,--'. .i,'.\ _' '., ' ,;! '~~G::;;1.'-,"",,;;,,'.~;';>j;;:,0i;:C;, - __" _ . __' c,_' .~:;,-')\" MERLE O. GUTSHALL, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-8435 CIVIL TERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this 26th day of March, 2001 comes the plaintiff, Merle O. Gutshall, Jr., by and through his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, Charles W. Staab and Melanie S. Staab: l. The plaintiff is Merle O. Gutshall, Jr., an adult individual residing at 54 South 34th Street, Camp Hill, Pennsylvania 170 II. 2. The defendants are Charles W. Staab and Melanie S. Staab, adult individuals residing at 12 West Main Street, New Kingston, Pennsylvania, 17072. 3. On Friday, December 11, 1998, the plaintiff, Merle O. Gutshall, Jr., at 2:00 p.m. in the afternoon, was traveling westbound on the Carlisle Pike, also known as U.S. Route 11, located in Hampden Township. The plaintiff was driving a 1995 Ford Ranger automobile. 2 .. " - ~"-',i ~,- -, ,,,,;_,.,,," ,.,..:'C"" .'~'~_'__ ../..~ ,.,.-,," '. ; ,-,-_, " ,<~,.. ;_ -;';."~V;,I;-.";:;~'''';AC"e.:~i",,,'-<:;~At--o _~, ,n, _.', _,:", y"",,;_'1 4. Due to traffic in front of him, the plaintiff, Merle O. Gutshall, Jr., stopped in a line of traffic facing westbound just beyond the intersection of Conodoguinet Avenue. 5. Without any warning, a 1994 Ford Victoria driven by the defendant, Melanie S. Staab, and owned by both defendants, Charles W. Staab and Melanie S. Staab, approached the plaintiffs vehicle from behind and struck the rear of plaintiffs Ford Ranger. 6. The impact of being struck from behind caused the plaintiffs vehicle to strike the rear of the vehicle immediately in front of him. Said vehicle was a 1995 Buick owned and operated by JoAnn L. Zuber. 7. The vehicle driven by the plaintiff, Merle O. Gutshall, Jr., had no opportunity to avoid being struck from behind since his vehicle was stopped in a line of traffic. 8. The impact of the collisions between the defendants' vehicle and the stopped vehicle of the plaintiff, and the vehicle in front of the plaintiff, caused injuries to the plaintiff, Merle O. Gutshall, Jr. 9. The impact of the collision caused serious and permanent injuries to the plaintiff, Merle O. Gutshall, Jr, They include injuries to his head, face, teeth, neck and back. 3 .-' -''- -.-' n'-, . ""' """'-~"";" _ "-'.i'~.r/,~,"~,.- W '- -_,~_, ~,~, ');\' - c -L ,;.Ub,j~,.;. < : "',-,,,,,- -- o'~' :~, - -,'". ~-)1 10. The accident and injuries sustained by plaintiff was caused by the negligent, careless and reckless actions of the defendant, Melanie S. Staab. II. The defendant, Melanie S. Staab, was acting as agent for the defendant, Charles W. Staab, and he is therefore responsible for the damages sustained by the plaintiff. 12. Defendant's conduct was negligent, careless and reckless and with disregard and indifference to the rights and wellbeing of others and the plaintiff in that she was: a. traveling too fast for conditions; b. was unable to control her vehicle while driving on a state highway; c. Failure to pay attention to the traffic in front of her and failure to pay attention to the plaintiffs vehicle which was stopped in a line of traffic in front of her; d. Following too closely to the vehicle of the plaintiff and unable to avoid the collision; e. Failure to wam the plaintiff of the collision by sounding her horn; f. Operating her vehicle in a careless manner and with reckless indifference to the risk to the plaintiff; g. Failure to adequately control her vehicle; h. Failure to properly apply her brakes in order to avoid striking plaintiff's vehicle; and 1. Failure to bring her vehicle to a safe stop. 4 h' , ,~ - ~,~. ",-},'- ",.--' ~ _, "^-~_, ".~'..' 0, ,~C ~,_-:~C"''''''_ " '--l0i;""'ti.i=;'-;.,,,.'i';;o~,',,,,,,""" -;. __,_e"-"", ,,';';'C; 13. The negligent actions of the defendant, Melanie S. Staab, are the proximate cause of the injuries to the plaintiff, Merle O. Gutshall, Jr. 14. The plaintiff, Merle O. Gutshall, Jr., lost wages due to the injuries he sustained in the accident. 15. The plaintiff, MerleO. Gutshall, Jr., seeks compeusation 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 he will incur in these areas. 16. The plaintiff, Merle O. Gutshall, Jr., seeks compensation for the medical expenses which he has occurred and may incur in the future to treat his injuries. 17. The plaintiff, Merle O. Gutshall, Jr., seeks compensation for the permanent injuries which he has sustained. 5 -~ - '- .., .'" ,.,--- v~ - C.:.,,'k'--~"'--oo'; ~.,'",-,," -,"-",/~"",,-do~:;"~';;;J"i"'f""; -:- i WHEREFORE, the plaintiff, Merle O. Gutshall, Jr., seek damages from the defendants, Charles W. Staab and Melanie S. Staab, in the 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 litigation. Respectfully submitted, IRWIN, MC GHT & HUGHES By: Marcus A. McKnigh m, squire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: March 26, 2001 6 . "W,... '.._~ <"", - ~ ","-,~~-," ,. ,~,,- _O_'_""'~^"'_"'-'- ,<""",,,,.,- " ',-, i1ittj VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I 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. ~~ LEO. "LL, , Date: March_2.f;, 200 I "'" __ ,. '. _0,' - 0 "C _~" , '~ " " ~.. ~- -"._~,__~"'>t,_",_" '. .." ""of, ~':_"'"-"ill,'-'1 MERLE O. GUTSHALL, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-8435 CIVIL TERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED 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: Michael B. Scheib, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 By: e 60 West Po Carlisle, P A (717) 249-2353 Supreme Court J.D. No. 25476 Date: March 26,2001 7 llimhftc , ""^~'i.li&t.lii!IifiJ' - ""~,'-"'" r .,'~_ " '0 _. ~ ,-, ,~~- 'ii~~~~~;'~~~' ",'~'-' __,~. ,,> ,,"~ ,",,' c,<," ,.,-.--- ",.,..,,,,, ~-. -,' ,e " ,~__" 0 C'I ,~ c: '-_.- " , $: :?: '1:J r'"J :;:.,. rn ~i~.~ ~,~ ; ~,~! '7 Z r- ,,~ -:~I (F) ),: C. -< ~, r' C-' <: , \J J> C': --y", ; Z , 5> () !;- ;.-- C '-..1 2': ~ => - =< SJ t:) -< " li ~~~" MERLE O. GUTSHALL, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-8435 CIVIL TERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, this 24th day of September 2001, comes the Plaintiff, Merle O. Gutshall, Jr., by his attorneys, Irwin, McKnight & Hughes, and makes the following Answer to New Matter of the Defendants: 18. The averments of fact contained in paragraph one (1) through seventeen (17) of the Complaint are incorporated by reference in Answer to paragraph eighteen (18) of the New Matter of the Defendants. 19. The averments of fact contained in paragraph nineteen (19) of the New Matter are within the exclusive control of the Defendants. They are therefore denied and proof thereof is demanded 20. The averments of fact contained in paragraph twenty (20) of the New Matter are within the sole possession of the Defendants. They are therefore denied and proof thereof is demanded. I 21. The averments of fact contained in paragraph twenty one (21) of the New Matter are admitted. 22. The averments of fact contained in paragraph twenty two (22) of the New Matter are admitted. 23. The averments of fact contained in paragraph twenty three (23) of the New Matter are within the sole knowledge of the Defendants. They are therefore denied and proof thereof is demanded. 24. The averments of fact contained in paragraph twenty four (24) of the New Matter are specifically denied. On the contrary, the plaintiff was stopped in a line of traffic when he was struck by the Defendant, Melanie Staab, from behind. The negligence of the Defendants is the sole and proximate cause of the collision in this case. 25. The averments offact contained in paragraph Twenty Four (24) of the New Matter are specifically denied. On the contrary, the Plaintiff's injuries were not caused by any prior accident or incidents, nor have any such events occurred after the collision caused by negligence of the Defendants which is the subject of this legal action. 2 .=>n -- ~"<;--'''-', .- ',', " " 26. The averments of fact contained in paragraph twenty six (26) of the New Matter are specifically denied. On the contrary, the Plaintiff had full tort coverage and the Defendants remain responsible for all the damages sustained by the Plaintiff. 27. The averments of fact contained in paragraph twenty seven (27) of the New Matter are specifically denied. On the contrary, the only neck injury sustained by the plaintiff was caused by the collision in this case. 28. The averments offact contained in paragraph twenty eight (28) of the New Matter are specifically denied. On the contrary, the only back injury sustained by the Plaintiff was caused by the collision in this case. 29. The averments of fact contained in paragraph twenty nine (29) of the New Matter are specifically denied. On the contrary, the plaintiff did not have any pre-existing injuries. His injuries were solely caused by the negligence of the Defendants which resulted in the collision. 30. The averments offact contained in paragraph thirty (30) of the New Matter are specifically denied. On the contrary, the Plaintiff has sustained out of pocket expenses or may do so in the future with regard to the treatment of his injuries. 3 - ~ " w__ - .," '. -- ,-~~". ~"-.,,~. ~ --.c~__ ~ ',- '~i.'i 31. The averments offact contained in paragraph thirty one (31) of the New Matter are Conclusions of Law to which no response is required. They are therefore denied. 32. The averments of fact contained in paragraph thirty two (32) of the New Matter are Conclusions of Law to which no response is required. They are therefore denied. 33. The averments offact contained in paragraph thirty three (33) of the New Matter are Conclusions of Law to which no response is required. They are therefore denied. 34. The averments of fact contained in paragraph thirty four (34) of the New Matter are Conclusions of Law to which no response is required. They are therefore denied. WHEREFORE, the Plaintiff, Merle O. Gutshall, Jr., seeks damages from the Defendants, Charles Staab and Melanie S. Staab, in the amount in excess of Twenty-Five Thousand and nolI 00 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, By: i t, 60 West Pomfr Street Carlisle, Pennsylv' 13 (717) 249-2353 Supreme Court J.D. No. 25476 Date: September 25,2001 Attorney for Plaintiff 4 ","'__'"'~""_'.~"_~"""'" .~, ."'"''-_'~'_: h'." _'"'_'''-"'' ,.' " -"',' ,:;''-'"",..,c'':''''''''_''' ^,,':';'. ,,;,-,., '-,-".,14~'-':;;_~__-:;:'0..:'" c"'.". '-,": VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Answer and they are true and correct to the best of my knowledge, information and belief. I 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. ~~- MERL . TS JR. Date:September 24 ,2001 MERLE O. GUTSHALL, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-8435 CIVIL TERM CHARLES W. STAAB and MELANIE S. STAAB, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to New Matter 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: Michael Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 1I0 South Northern Way York, PA 17402-3737 IRWIN, McKNIGHT & UGHES By: I.D. No. 25476 Date: September 25, 2001 "1!l"_.i~~~_ -'1" M~Mi- ~JI)lB,L,!-,"",:J,J~,l """_ > ~ "",,,,,,.l,.,~,,, ;~','.'3,'"'i~,"~' ",".-, . ,,^, ~ __"'., -,~"~ _" , -_',,,,-;-'__ ""'",<<. '-"'" c. , ~~c ~- ,- _ ~,--~ ,', - ,- "_1,._ __''., J, ,~~ , '. ~ MI1 " CJ c') ,----:;, e- n 7" ~.-''') -, ; m \..'. , ,.'{ :.-:i , () , -./ h~ .r... f~ ~"') " \.:,.;r U I -< (::;) r;:.: --,.1 , "'(, J> C) ';j :'!:) 7 "") )> (:-' :..".} (.; ~'r1 c: Z ,:- ;--~ -' ::D -< t:;) -< .,..~ :~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law C::J vs. No. 2000-8435 o ~ d] ;~,~o~: ?f:'- CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED ~~.fti ~(2i :P'C ~ -< :!'~ .- CERTIFICATE PREREQUISITE TO SERVICE, OF A SUBPOENA PURSUANT TO RULE 4009'.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Duane Edward Kough certifies that: (l) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served, or the twenty (20) day period has been waived by opposing counsel. (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objections to the subpoenas have been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Date: I~ k 1M I :,/;' fjJ MichaJ,1 . Ileib, E~quire Att6mey for Defendants Staab 'I~' ~~. - ~'^ '-, ~ili;.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GUTSHALL, JR Vs. STAAB & STAAB No. 2000 8435 TO: MARCUS MCKNIGHT 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: 04/27/01 MICHAEL B SCHEIB, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Angelique Cianci Enc(s): Copy of subpoena(s) Counsel return card File #: M274494 '_'i:." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No, 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Central PA Oral & Maxillofacial Suroeons, 220 Cumberland Parkway, Suite 5, Mechanicsburo, PA 17055 Within twenty (20) days after service of this Subpoena. you are ordered by the Court to produce the following documents or things: Anv office notes, reoorts, records, memoranda, corresoondences to and from attorneys, insurance comoanies and other ohvsicians, diaonostic tests and/or reoorts, consultation reoorts, x-rays. orooress notes, hosoital records, nurses notes. admissions and discharoe summaries and records and reoorts of examinations and any other medical records of any kind since December 1993 oertainino to Merle O. Gutshall. Jr.. 54 South 39th Street. CamoHiII. PA 17011: Social Security No. 160-30-3239. Date Of Birth: January 19. 1931. at 110 South Northern Way, York, PA 17402 You may deliver or mail iegible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: Michael B, Scheib, Esouire GRIFFITH. STRICKLER. lERMAN, SOL YMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant Charles Wand Melanie S, Staab TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE I)f" ',1 BY THE COURT: 17 ;2.CVI , Seal of Court -----./J~ 8. 71~'b~ ADDENDUM TO SUBPOENA GUTSHALL, JR Vs. No. 2000 8435 STAAB & STAAB CUSTODIAN OF RECORDS FOR: CENTRAL PA ORAL & MAXILLO **SEE SUBPOENA** PERTAINING TO: NAME: MERLE 0 GUTSHALL, JR ADDRESS: 54 S 39TH ST CAMP HILL PA DATE OF BIRTH: 01/19/31 SSAN: 160303239 ORIGINAL X-RAYS 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 Author1zed signature for CENTRAL PA ORAL & MAXILLO Date CUMBERLAND M274494-01 *** SIGN AND RETURN THIS PAGE *** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLt O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Craia W Fultz, M.D.. OrthopaediC Suraeons of Central PA LId.. 99 November Drive. Camp Hill, PA 17011 Within twenty (20) days after service of this Subooeoa you are ordered by the Court to produce the following documents or things: Anv office notes, reports, records, memoranaa correspondences to and from attornevs, insurance companies and other phvsicians, diaanostlc tests and/or reports. consultation reports, x-ravs, proaress notes. hospital records, nurses notes, admissions and discharae summaries and records and reports of examinations andanv other medical records of any kind since December 1993 pertainina to Merle O. Gutshall. Jr.. 54 South 39th Street. Camp Hill, PA 17011: Social Security No. 160-30-3239. Date Of Birth: January 19. 1931. at 110 South Northern Wav, York, PA 17402 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance. to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: ADDRESS: Michae,l B, Scheib. Esauire GRIFFITH. STRICKLER. lERMAN, SOL YMOS & CALKINS 110 South Northern Wav York, PA 17402 (717) 757-7602 63868 Defendant Charles Wand Melanie S, Staab TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: 4efLl( BY THE COURT: 17, Jry,/ Seal of Court K. Prothonotary I Clerk. CiVil Divisi ~~ 2. 7-r;~V~ \! ADDENDUM TO SUBPOENA GU;SHALL, JR \'5. No. 2000 8435 STAAB & STAAB CUSTODIAN OF RECORDS FOR: DR CRAIG FULTZ USEE SUBPOENA** PERTAINING TO: NAME: MERLE 0 GUTSHALL, JR ADDRESS: 54 S 39TH ST CAMP HILL PA DATE OF BIRTH: 01/19/31 SSAN: 160303239 ORIGINAL X-RAYS 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 knowl€dge, 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 Author1zed s1gnature for DR CRAIG FULTZ CUMBERLAND M274494-02 *** SIGN AND RETURN THIS PAGE *** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE 9. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Maanetic Imaaina Center, 4665 Trindle Road, Camp Hill, PA 17011 Within twenly (20) days after service of this Sub!,oena, you are ordered by the Court to produce the following documents or things: Anv office notes, reports, records, memoranda, correspondences to and from attorneys, insurance companies and other physicians. diaQnostic tests and/or reports, consultation reports, x-raYs, prOQress notes, hospital records, nurses notes, admissions and discharQe summaries and records and reports of examinations and any other medical records Of any kind since December 1993 pertaininQ to Merle O. Gutshall. Jr.. 54 South 39th Street. Camp Hill. PA 17011: Social Security No. 160-30-3239. Date Of Birth: January 19. 1931. at 110 South Northern Way, York, PA 17402 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TE~EPHONE: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib, ESQuire GRIFFITH, STRICKLER. LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant Charles Wand Meianie S, Staab DATE: /)rti:.( BY THE COURT: 17 :21Y,1 ( , Seai of Court Prothonotary / Clerk, Civil Division ~E:~~ c_~I,,;"-'--'--'';''''''''P-- J_,. ADDENDUM TO SUBPOENA GUTSHALL, JR Vs. No. 2000 8435 STAAB & STAAB CUSTODIAN OF RECORDS FOR: MAGNETIC IMAG CTR **SEE SUBPOENA** PERTAINING TO: NAME: MERLE 0 GUTSHALL, JR ADDRESS: 54 S 39TH ST CAMP HILL PA DATE OF BIRTH: 01/19/31 ' SSAN: 160303239 ORIGINAL X-RAYS 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 know~edge, 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 s1gnature for MAGNETIC IMAG CTR CUMBERLAND M274494-03 *** SIGN AND RETURN THIS PAGE *** ,J" ~~ -'I '-";',~ _'-1-.' > .0'.'- "lif'{! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE 9. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT to RULE 4009.22 To: Todd L. Samuels, M,D.. Neuroloay Center, P,C.. 890 Poplar Church Road. Ste.. 107, Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the followln9 documents or things: Any office notes, reports, records, memoranda, correspondences to and from attorneys, insurance companies and other physicians, diaanostic tests and/or reports, consultation reports, x-ravs, proaress notes, hospital records, nurses notes, admissions and discharae summaries and records and reports of examinations and any other medical records of any kind since December 1993 pertainina to Merle O. Gutshall. Jr.. 54 South 39th Street. Camp Hill. PA 17011: Social Security No. 160-30-3239. Date Of Birth: Januarv 19.1931. at 110 South Northern Way, York, PA 17402 You may deliyer or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME:, ADDRESS: Michael B, Scheib, Esauire GRIFFITH, STRICKLER. lERMAN, SOL YMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant Charles Wand Melanie S, Staab TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: _{lot"" ~ \ BY THE COURT: /7 ::JJYl I , Seal of Court Pro honotary / Clerk, Civl Divisi ~2.7?;~~ ,:. .. 'rile. ,'. '~ _"~,' ADDENDUM TO SUBPOENA GUTSHALL, JR Vs. No. 2000 8435 STAAB & STAAB CUSTODIAN OF RECORDS FOR: DR TODD SA\lUELS **SEE SUBPOENA** PERTAINING TO: NAME: MERLE 0 GUTSHALL, JR ADDRESS: 54 S 39TH ST CAMP HILL PA DATE OF BIRTH: 01/19/31 SSAN: 160303239 ORIGINAL X-RAYS REQUESTED CERUl<'lliD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowl~dge, 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 Author1zed s1gnature for DR TODD SAMUELS CUMBERLAND M274494-04 *** SIGN AND RETURN THIS PAGE *** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. G'LiTSHALL, JR., . Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To Joseph A, Torchia, M.D.. 207 House Avenue. Suite 101, Camp Hill, PA 17011 Within twenty (2Q) days after service of this Subpoena. you are ordered by the Court to produce the following documents or things: Anv office not<'!s, reports, records, memoranda, correspondences to and from attomevs, insurance companies and other phvsicians, diaQnostic tests and/or reports, consultation reoorts. x-revs. orOQress notes. hospital records, nurses notes, admissions,artd discharQe summaries and records and reports of examinations and anv other medical records of anv kind since, December 1993 oertaininQ to Merle O. Gutshall. Jr.. 54 South 39th Street. Camo Hill. PA 17011: Social Security No. 160-30-3239. Date Of Birth: January 19. 1931. ' at 110 South Northern Wav, York, PA 17402 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: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib, ESQuire GRIFFITH, STRICKLER, lERMAN, SOL YMOS & CALKINS 110 South Northern Wav, York, PA 17402 (717) 757-7602 63868 Defendant Charles Wand Melanie S, Staab NAME: ADDRESS: DATE: {J pn ~l BY THE COURT: n .J.ry>, , Seal of Court Prothonotary / Clerk, Civil Divisio ~[>. n;~~ ..< "' , .. I -", " ADDENDUM TO SUBPOENA GUTSHALL, JR Vs. No. 2000 8435 STAAB & STAAB CUSTODIAN OF RECORDS FOR: DR JOSEPH TORCHIA **SEE SUBPOENA** PERTAINING TO: NAME: MERLE 0 GUTSHALL, JR ADDRESS: 54 S 39TH ST CAMP HILL PA DATE OF BIRTH: 01/19/31 SSAN: 160303239 ORIGINAL X-RAYS 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 knowl~dge, 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 Author1zed signature for DR JOSEPH TORCHIA CUMBERLAND M274494-05 ** * SIGN AND RETURN THIS PAGE * ** _I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED ~ERTIFICATE OF SERVICE AND NOW, thiSa.O day of June, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN, SOLYMOS' CAW 1I/dJ/;-. - Michael B. Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ('~n L'~_~I~'~]~ -;1.'1 . ,~ ',~,-- -,<", """', ..Y ~"~ ,,"__~~,, ~^,' '. '""'t.ltj\f~~;illfn~o!I_~ ""~,,," ,.~,~, ~~,- __ 0 ~_' "-.;l, .,:g:-';'+.--',--'i'''';:'''~'M \.-.""",,,,,1,0"_' >, "- .. , "" ~ --'< _'< ,"__ ,w'-" (') ~ ~ -or~;; nlr~ ~~!l ~'-) )> -'- -,..l" ""0 yc Z -l -< . ~ , ,~'~ C) C'") 'T) ._..1 - . <.- '-J: , ,- , .,n" 'j(,:;=: .~~ (;) ,,) '''' f:-? "'" U1 ,- 2j~~ .._,I -~ 5;l -... , J~ . . '" - "--~.. ,.".~ ". "".-,1. '" -j,.--j,' "''':~ _ _ ~ '~.I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J,Lo +hday of June, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & ALK S lb. Michael . Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Ct._' '_-,.-',,] , ":';'""""'Mf"" di'~!.~~l~*=iilii -:~-'-<~Jl.. .~," 'U .--"-'..~, - -e,; - ""'- . ,'"' ,- o c < "1:..1(::,; IT:fT: Z:r ...--::, r-- (,t) ",,':: ;:."S:/ Ih :~ c:' () ""I '- ,= "" ~-.J i" ~, (7) ~; --'-.:.;: p. - ,"- "",-,,,-,,,~'.. ','i,,'-'~,,>_ _"..___''__~<--",I,, '.:",.'~...H':c- - ~;oo'lt " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J ~ day of July, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Michael . cheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ~; . -.. """'~'~~i! aHlfA1J'i' ~ 1*'ll;-,~MJ;K'iUtM~li': ''"',= .~".t.'_""'''''' , ~-""'~ " ~,~ , ~--. --~~, .- ~n jw' M!:l'~"= ~.- Ie ""~" =-~" ~, ~ '....."". ~" q.~' ~': ::-7c- <-,..-,. (I ~ _ [;:' ~:C,l ~",-. ;'" S;:S;: , ~~ C) ~ ~,J --'j -< ..----' ~ .. . '" ;',...,,,,. -. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3D~ day of Quq wet, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Defendants Answers to Plaintiff's Interrogatories by United States Mail, addressed to the party or attorney of record as follows: Marcus A. McKnight, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 GRIFFITH, STRICKLER, LERMAN, 1(J:JlN Michael B. Scheib Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 '~~ ." =Ei' -"~Irl .~ , '~ _,", .0. -~~~~t:liIi1.r.:ll~~'~i\l'I': 'Y' "",0" ',~~,'J;",J.'''' ">' ~'" ,,~, .,"'''" '--, :;.-,- ,- ~ " "...... - ~". " ~,l_ " .< >>. ,,~ o S.~ -urL; HII"i ~~:~,_: ~2~'f r:::( :;~: \-----, ,~C1 ;C'C "":, :< . "~~ (,::) U) ,"'1 '0 ,- ":; CI :;r:-,' c;,~) -:,.) (J1 y="-'.' ~ , " H" [, ,j :';--~ ~'" ,. ^ ','" "ittu:i . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GUTSHALL, JR Vs. NO. 2000 8435 STAAB & STAAB 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 MICHAEL B SCHEIB, 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: 10/04/01 MICHAEL B SCHEIB, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 717-757-7602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Angelique Cianci File #: M279114 ~-~~ .- I ,,~, ' ,~" . > iIIm1'ii .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GUTSHALL, JR Vs. STAAB & STAAB No. 2000 8435 TO: MARCUS MCKNIGHT 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: 09/13/01 MICHAEL B SCHEIB, ESQUIRE 110 S NORTHERN WAY YORK, PA 17402 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Angelique Cianci Enc(s): Copy of subpoena(s) Counsel return card File #: M279114 F~ i~; _ ;L,~ __,^'~ -"',i " CXJ!.M)NWFALTH OF PENNSYLVANIA 0JUNl'Y' OF aJMBERIAND GUTSHALL, JR VS. File No. 2000 8435 STAAB & STAAB SUBPOENA TO PRCOUCE DOCl..t1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RUlE 4009.22 TO: DR LONERGAN, 207 HOUSE AVE STE 105, CAMP HILL PA 17011 (Ncrne 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 or things: SEE ATTACHED ADDENDUM at MEDICAL .LEGAL REPRODUCTIONS~A~~$s'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ~, this subpoena, together with the certificate of carpliance, to the party making thE 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~ent: (20) days after its serv~ce, the party serving thh ~,ubpoena may seek a court crde,' c;ml)elling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: MTC'H)>'1<:T. R SCHEIB, ESQ ADDRESS: 110 8 NORTHERN WAY YORK, FA 17402 215-335-3212 TELF.PH:lNE : SUPREI'E COURT I D# ATTORNEY FOR: DEFENDANT BY THE COURT: ~~tho~t~;;J:l);,' civi 1 Division " q,,1" 011/1, PO'd Deputy M279114-01 DATE: ~~~~:~<>:17')~1 . S,e 1 of- the CoUrt (Eff. 7/97) . ~.~ ~- ~". I "~,,".., '" .,~, . , . 'ADDENDUM TO SUBPOENA GUTSHALL, JR Vs. No. 2000 8435 STAAB & STAAB CUSTODIAN OF RECORDS FOR: DR LONERGAN 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: MERLE 0 GUTSHALL, JR ADDRESS: 54 S 39TH ST CAMP HILL PA DATE OF BIRTH: 01/19/31 SSAN: 160303239 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 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 X-RAYS RECORDS / XRAYS have been destroyed Author1zed signature for DR LONERGAN Date CUMBERLAND M279114-01 *** SIGN AND RETURN THIS PAGE *** .ji,\:;~lw~'~~~~w.m,~liilj]iiI~"~N<~"o'!il~~"J'''''Hilii.,~,'i';".-i.''''^,*.~~~~"~",,, ~..i.:!. " ,. ":m -">U~'iH~ii~' ,~ ~.,! '. C- o b 2 'T1 C) -.~ ::r:J -:ow n !:pm -l rnp .,:;..,.::0 ~?i C'> ~g~ '~ ['>-.... ~ ,<0 .,.. ~i3 ~~ ::l:: - ;Zf.f. - 0" ~ .. '-4 0 ~ (Xl ~ , , ~ , ,.. ~" ____~' ,'" ._"ow ~ ='''___'_ "",'" - ""'{itf ~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED STIPULATION The parties, by and through their respective attorneys, hereby agree, consent and stipulate to the dismissal, with prejudice, of Defendant Charles Staab from this lawsuit. IRWIN, McKNIGHT & HUGHES GRIFFITH, STRICKLER, LERMAN, SOLYMO, S/& CALKI U (/ ~~ By: il/J.llL/ ' I ~ j MICHAEL B. SCHEIB, ESQUIRE Supreme Court J.D. #63868 Attorney for Defendants Staab 110 South Northern Way York, PA 17402 (717) 757-7602 ~~~~);iliii mlliifui ~r~t1!tHIlf.i:~im~j~-!\;I!U'tit#-' Q~ -~~""- ~ ~ -- '"' ,. ~" ~"' . .-,^ . ~- ~ ~ ~ ~ ~ - , I _ ,",_. ,. ~,', ,"--- o (~: -ctt Inn- Z:o: 2~r'"- c.,,) :r> &~~ ,-i.-",,- Z.~...:;; >?~~ z --, -< (-:;; I',) -" ~::: :::-1 I ~._,l .,',,< c:- o ~ -,-.. =--< ,.", "li,1 fj ~~ ;~ i~ 1:1 "I ;:! lj ,) i ~i :J I i r ~~ I '-~~ - 0- " ;"-';,'--,~ '.' w,',",~, '----" ,~--''''''- 'iilfliit:i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA MERLE O. GUTSHALL, JR., Plaintiff Civil Action - Law vs. No. 2000-8435 CHARLES W. STAAB and MELANIE S. STAAB, Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO: PROTHONOTARY Please mark the docket in the above captioned matter settled and satisfied. BY: DATED: L)<:+o\....t'8 ,2004 ~~-- ..:. "'''=''"'''f>>:.' ~ Q~" 'lIi~ ~' >,^ ,,, ~~, - ~ -~-,".,. , "~~,,",,,," -~'.. 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