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Home My WebLink About01-1467 FX -'~ ^.- ~~,~'," 1--' - ,--- ~-_ ''';''' .:,,:, "",,,,,>' - -,~-, ,1,-", _ ~ ~ "-"~-"_,c" - --;.",--. ~- _ ;.~ "'~~'",--', ,,~-,,<. '. ',~ ;., ,,,__ ,;_);,,:, "-x'- ;;" GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this of , 2003, the Petition having been timely filed in accordance with Pennsylvania Rule of Civil Procedure 237.3, it is hereby ORDERED that the Judgment of Non Pros filed on March 10, 2003, is hereby opened, and Plaintiffs are permitted to file the Complaint attached to their Petition. J. , ~ '" -~~ ^ -.''"' ",",", -,' k,~_ e".,_~, MAR 2~ 0 ZOOJ \r GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS .. CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this of , 2003, the Petition having been timely filed in accordance with Pennsylvania Rule of Civil Procedure 237.3, it is hereby ORDERED that the Judgment of Non Pros filed on March 10, 2003, is hereby opened, and Plaintiffs are permitted to file the Complaint attached to their Petition. J. -'lIlIii!t""-~ ...... . .~ I ~ ~ ~ ,-",'," ril!l... ' 1.JI-a:~" MAR 2 0 4003 ~ GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS .. CUMBERLAND COUNTY, PENNSYLVANIA . v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this of , 2003, the Petition having been timely filed in accordance with Pennsylvania Rule of Civil Procedure 237.3, it is hereby ORDERED that the Judgment of Non Pros filed on March 10,2003, is hereby opened, and Plaintiffs are permitted to file the Complaint attached to their Petition. J. ,IoU """0",'"'' 'I: '".'",,:, B" . .... .",' " " ' I ~.t:ZRr:)t'K~;igi'$1f~:j,l1f2,:2[~]:;:;\{;)i{~J:?~S;;i',#fL;;;~1~5.R}3f~"~;;;;;;;:;i,(,:l,Ofj_ ',', ':1(:"',--" ,', , . , () ( ~~ l J t' ~ - ~ (\I , , 11~ , ~ \.l + \b ? ( :? v 'V ,. - IJ J - ~ Ili ~ <~ I.. i \ t q. ".S:~;f<~~i),,~?,?;~~g#.l,i\~J},.')~)t~;~i;rr\&y&.;"1tj~5f~'lttii ~@~N0'l3itmY1;;%~i?B:;~$J_8:J~:;:;;';~0Y,B;ft~~f~~~0\i;;~~-,:;;r0;~'i," - .,'~_,L-~-:_ , .:'-i'- ',,-'-' , W~_ C'- <:;:) ,1- I-- f' '-- Vl ~ ~ ill ~ -/ y:. ~ -I- .:> -() C -i\ \- 'Vl .s . \J'I '- -.t 0 l..- V ~ f'- - Ci- '----' j- -'-- -,. ; ~ I: ! , j i il Ii I ! Ii j I J', >i' 1-, I'. J j, M I ~ ", ~, ."~!iV!'l~1f;:r~t):,;i~-;:~-1",'i~ii}~j1&~f&:3r;1t;g.f1i~-w];;;;'.J.'fr_~r~ L J ~ :'~' , . ,,,,,.,,;..' -'"'--~~... " I IN THE COURT OF COMMON PlEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (")/ -jLJl-7 eciL ~~ C i v i I Act i on - (X) Law ( ) Equ i ty GARY L. WOOD and DONNA L. WOOD, his wife 115 North Sporting Hill Road Mechanicsburg, PA 17050 OLEG SHUSTERMAN and GREGORY SHUSTERMAN 401 David Drive Camp Hill, PA 17011 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Wr i t of Summons sha II be issued and forwarded to ( )Attorney (X)Sher i ff Richard H. Wix, Esquire Wix, Wenger & We1dner 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Names/Address/ Telephon No. of Attorney ~ \i{ h1 r--/ Signature of Aftorney Supreme Court 10 No. 07274 Date: March 12, 2001 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: (f/;:ljJri I< .:)rY> I ., '--''', c'" Deputy ~-- ( ) Check here if reverse is issued for additional information PROTHON. - 55 :Mliifttkff_~Iil~*~~~~~~O+l<ijHd,,;;.,,"t;;".l-*~~~iIIliiiIl~"' .., -. U~illilllu -j!lfJilililU~!' ,~.. ~'. ,_" '"I ',., .~.,"' -,' ",-,.h', 72 [ ~ ~ 0 0 0 ~ Vi h6 c -n :g;: ::ll: ~~~ -OeD :PO -n "- ~ mrn ::0 P Z::D ~.Y8 () - ZC. w .', ~ (/J v 9,,- "\) ~Z ~VJ ~CJ -'~-,--ri ct -u ..;--1"1. ~o ::;;: Q'~ V) :::70 ~ "::-rn J'>g -~ g -J ~ $'" ~ nL ~f= ~ ; -~ . Z' "'0. h.":1 tc '" :' "\j'1 , ~;.: -'l: m: : Z ~ V1 : Z -I: ~ ~;'~ ~" a~ 0(= tf '... ..'LI\I!I!II II .,""",..,..lk~~''''I-'-J"..,-... . _I ~ L I ", "''',!, .p.-", .. SHERIFF'S RETURN - REGULAR CASE NO: 2001-01467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOOD GARY L ET AL VS SHUSTERMAN OLEG 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 SHUSTERMAN OLEG the DEFENDANT , at 1508:00 HOURS, on the 15th day of March , 2001 at 401 DAVID DRIVE CAMP HILL, PA 17011 by handing to OLEG SHUSTERMAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 .~JJ?-~~ R. Thomas Kline me this -IJ;. If c- . day of 05/11/2001 WIX WENGER WW'~ By: . /1dJ I/lr Deputy Sheriff Sworn and Subscribed to before ~ ":}..,, \ A.D. (1T' J). l1v-oo...., \0';;; othonotary " =~~~'\:',,~..~'.~.~i!"""~ ~~I.~ I-~ . .~~ ',h",'_ JM SHERIFF'S RETURN - NOT FOUND " CASE NO: 2001-01467 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WOOD GARY L ET AL VS SHUSTERMAN OLEG 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 SHUSTERMAN GREGORY but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , SHUSTERMAN GREGORY MOVED LEFT NO FORWARDING ADDRESS Sheriff's Costs: Docketing Service Affidavit Surcharge not found 6.00 .00 .00 10.00 5.00 21.00 ~~~ R. Thomas Kline Sheriff of Cumberland County WIX WENGER & WEIDNER 05/11/2001 Sworn and subscribed to before me this ~ tr./ day of )nIl ~I A.D. (Jt(L O'hJi"J ~ Pr onotary , - "-' ~,'"_ " '" ,,-, ,J;. ..".,"r>' -, 'ro<','_ ." ,,-,~c-,-~ -'-".,1. '~''''-,'~' 'H""_,~"'\-" "",.., ;(W;',/;Ct\wc ~a',-i','''''''''-~~\''~'__''''''''-''<~';'-.i>>~" ",/,,;,,", "'>.H,""'," ,.\-,.;~.<'t~'"".,,, "'''n.:.:,~""""M,,,'4t,;)~'o' ---= 'i'" I GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE WRIT OF SUMMONS To the Prothonotary: Please reinstate the Writ of Summons in the above-captioned case. Respectfully submitted, WIX, WENGER & WEIDNER By .&~ 11 LJ; Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 7/23/01 IOhl!,.". ~.'~,-- l i '"~"- "~ , ~~",,_!I<,;i!~\ SHERIFF'S RETURN - REGULAR CASE NO: 2001-01467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOOD GARY L ET AL VS SHUSTERMAN OLEG ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHUSTERMAN GREGORY the DEFENDANT , at 1810:00 HOURS, on the 30th day of July , 2001 at 401 DAVID DRIVE CAMP HILL, PA 17011 by handing to GREGORY SHUSTERMAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.25 .00 10.00 .00 31.25 So Answers: ~~-,~~ R. Thomas Kline 07/31/2001 WIX WENGER & WEIDNER Sworn and Subscribed to before By: me this t.!!e day of QUrd- ~J A.D. ~.<..-- (/ l'PI.<(1;, :~ r thonotary . "- -, -~ '-" ',",' ,~- ., ", -. , .,- ,.'~ =~ ~ ~ ' c'- ",-,~,,, -/--'I.-~=--_ ,",,-.- c ~-- """,,',,~ ,.. ~o",,-, ,,,,,;;,,,,,~,,,,,,'-r.i ,.-",",~- '",~.,,' .-;",zl.<'''~<=,,, ,(-"-"':t,;;"~",,-,-,~_,.-M""~',,",-.:.;,,"',,,,",,,~j,,;"'A::i'",i'-""~'~~' <he',,,,,,. ',-~i ... .. ~ .. GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs vs. OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants ':i ... ;, i '<) r,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i ; ';! ,-, '-I ;:i NO. 01-1467 Civil Term CIVIL ACTION - LAW . ;i ~i PRAECIPE FOR RULE TO FILE COMPLAINT "i :1 TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, NEALON & GOVER, P.C. B Date: (;< /3-~- RULE TO THE PLAINTIFF: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: ])f.L I~ .Jr)6~ . _;, ' '; __.- , >~,_ "0 ,"", "_" " < ,,'.: '"' _ ' - ,,~_ 'd. " '...',-;; ~n--:> ,- ",,-,,,_",,,;, >c,. -,- 'o<;-">,.""",,,,,::~\~',,','*d_-,;,,;;z, <~",;.i-'Gc; . ---~'.r~ """Wi",".,c:.",~.,,,- .-,";; "',,' ~ - , ~ CERTIFICPfTE OF SERVICE AND NOW, this il~ of December, 2002, I hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Richard H, Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Andrew C. Lehman, Esquire ~_.firl1_Ditilliiij~~~;'~~7^,' ~~~~_Iklb' "<;.HS;HH",> e Hlif . ,-,... .,,'0' , - , > " () ~~ "Vi"'-- .~~ ~,' "Iff' .Z'": :;;.- r- C;::'): -~-> ~[~, ,- ?...: -, -< -:,.,) en . ... c:t N Cl ,-'1 c-) r-' Co '--" -,- -J-,- ',:_) ~;' !:;'?i~ c5r~'l :;:.,-4 55 -~ . _.'_' _~_ ;01 - '"' ,- ,--~ ".' 'u --,,:"~,-__o -""+.,, - " - ~"-i- ~-;~. w _'~ I, ,< ,.",;~,.- -- .- - ^ '" . ...F. ,.;',-~,{ . ,; ",:"" \!"""';';;;f~ , '-"r.i)~"",_-i.' "<"-'-' .~ -'. " '" GARY L. WOOD and DONNA L. WOOD, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. NO. 01-1467 Civil Term OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants. CIVIL ACTION - LAW NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: Gary L. and Donna L. Wood, and their attorney, Richard H. Wix, Esquire WIX. WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 DATE OF NOTICE: March 10,2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717/249-3166 Respectfully submitted, NEALON & GOVER, P.C. By: Andrew C, Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 '. Date: "3- /0-0..3 ~_~Ii~l:iIjiliiWM- :~01lilJiF'ii~~ilIo.~~"~'" .j,-~ ~ !Lr ..nJ~.lllU. ,.~ ,--~,_. ,,~~ ~ '-'~~ ~" ".rli--I ,-" ~. " . M. 'eo,' -~. '-< '"" ,. - .~,,"- "'->',~'- ..--- - (') C' (~') c::: (.,) .:ic; S ~-: ~. -OC..! !::::;l< nljl" ::,.::J : .~- Z~._ ;Tj Z ~~ (:) en ~.'-- . -< < () r:;: C::.- v :-'1 .~ )o'.~. c ("") ZC< )>r::'. C) fl1 -.-.\ 6 :71 o_ X -< -< ,~ .'. I ___~ - >-- -" - ~, '-'.1_'- ,__, '._'" .,,'.. _ C .< __-_.,. ' ,"..:.,' '- '..'__ '".,~ , 0"" GARY L. WOOD and DONNA L. WOOD, his wife, Pia intiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND , '. OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants " ,-" YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTICIA ~.: . '.; ~1 ;j i~: :i " :! . LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alMo que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIRASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 - u"'-.~'d_J _',' ,u,__''__. . ",' ~ 'O',~, "--',' ,. GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, by their attomeys, Wix, Wenger & Weidner and set forth the following Complaint. 1. The Plaintiffs are adult individuals, husband and wife, residing at 115 North Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Oleg Shusterman is an adult individual residing at 401 David Drive, Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about April 22, 1999 on Interstate Route 83 in the City of Harrisburg, Dauphin County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff Gary L. Wood was operating a 1992 Chevrolet Lumina northbound on Route 83 in the right hand lane. 5. At the time and place aforesaid, Defendant Oleg Shusterman was operating a 1993 Nissan sedan northbound in the left hand lane of Route 83 when he lost control of his vehicle and struck the Plaintiffs vehicle in the rear, causing Plaintiffs vehicle to leave J, ~ ,-",~-,., -ei.:O;"0:" ' ," ;-k ,,,,,, ;-";'.-' r-_,'._,,' "~""-,~,.^"-, ;,,' --,l;-C'_;. ~,,~:~,,;-',:;;i-' ,~,.- '__'''''''" ';;"__":;',.' ~__, e,- the highway and resulting in physical injuries to the Plaintiff Gary Wood, as well as damages to his vehicle. 6. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) operated his vehicle at a speed too fast for conditions then and there existing; b) failed to keep a proper lookout for other vehicles; c) operated his vehicle at a speed too fast to stop within the assured clear distance ahead; and d) Defendant failed to keep his vehicle in his own lane of travel. COUNT I GARY L. WOOD v. OLEG SHUSTERMAN 7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference. 8. As a result of the collision, Gary Wood sustained serious personal injuries, including, but not limited to, injuries to his back, neck, shoulders, soft tissue injuries, headaches and mental suffering and distress. 9. As a result of his injuries, Gary Wood sustained a serious impairment and curtailment of life activities, including an impairment of his ability to work. 2 ~ ,-',j,' , _; -" ',! ^'" - c_, 'e~" , '~., _, --,- ,'h __ '-'- " ___~-'~'-" ,- -- , ~.' ,_,,{,_,,~ ,': ~ ,'-i>,L' (" ,;.-- "~, ;:,.;,.:_ ',",_, '-,_i. ,'_" ,_ ';~'.;'c';,;>' ,;:; ~iS.'-;;CI<;;';::;,\~'i,:'~"~"';' ;" ': ' 10. As a result of the accident, Gary Wood incurred medical expenses in the treatment, medication and other miscellaneous expenses for his injuries, and may continue to incur medical expenses in the future for his injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law. 11. As a result of the accident, Gary Wood sustained, or may sustain, losses for which the following are legally recoverable categories of damages: a) past and future pain and suffering; b) past and future embarrassment, humiliation and mental anxiety; c) past and future incidental costs; d) past and future loss of life's enjoyment; and e) past and future loss of eamings and earning capacity. WHEREFORE, Plaintiff Gary Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. COUNT II DONNA L. WOOD v. OLEG SHUSTERMAN 12. The allegations of paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. As the result of the aforesaid accident which caused personal injuries to Plaintiff Gary Wood, Plaintiff Donna Wood has suffered and may continue to suffer the 3 ^,-->->-., '-,---'':-_,-.'",. loss of companionship, comfort, society, services and other forms of consortion of her husband. WHEREFORE, Plaintiff Donna Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. Respectfully submitted, WIX, WENGER & WEIDNER Dated: 3)I#O~ By ~ f-{. U;./ Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 4 ,--;i-'___ ::,-;,:.- ". , ~., ",;;,Cj_' .'., ~-.;_~,_,:-.' ~-" ~"":","'.l)''':'h_''';o,',,,--~-~ ,<" ':;"'\' :;'; -:..' . ": VERIFICATION I, Gary L. Wood, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 3/17/03 ~ d. ~OOJ Ga L. Wood CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg,PA 17110 WIX, WENGER & WEIDNER ~~,w Gaye rist &1~''''"~~~li~I,;J:(~iiliil~_;~ 'c-.',,, '~~-"~~i~~~"'~'; ~~, <<-'-~ ..,. .", -"< ~- '" ,~''''. " ~ ' C) S; ri3 f~'~ ~:1'- en -c"" r" ~2F; P,= -~ "'::.- -" -, C~ c\) o~ ',! ::,J co .J~ 1:;1 "i() --::{ , (') (),'n .4 ~t -< :,,) c::> ~ ,=- ~ ..- " GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs ,-" M_ Il'- -,- M'"~'~"""",; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO OPEN JUDGMENT OF NON PROS ("") C) Ci ~~- L^:) -n ~ (1'-; ,-c; ..,~ .; 'J :~Tl ,.-:::. l -;/ . . J S? . U~) c~: - -. ~'. -. .-'~ ~; !,,) ") ~,:.:~ :-.-1 .- :0 -c:::.' (,~ .< AND NOW come the Plaintiffs by their attorneys, Wix, Wenger & Weidner and set forth the following pursuant to Rule 237.3 of the Pennsylvania Rules of Civil Procedure. 1. Plaintiffs had instituted the above suit by the filing of a Writ of Summons, 2. A 10-Day Notice sent by counsel for the Defendant arrived at counsel for the Plaintiffs' office when he was out of the office, and was not aware of same until Notice of Judgment was entered. 3. Judgment of Non Pros was entered by the Prothonotary on March 10,2003. 4. This Petition is filed within 10 days of the entry of the Judgment of Non Pros as required by Pennsylvania Rule of Civil Procedure 237.3. 5. Plaintiffs have a meritorious claim against the Defendant as is set forth in the Complaint attached hereto, marked Exhibit "A", incorporated herein by reference. WHEREFORE, Plaintiffs request your Honorable Court in accordance with Pennsylvania Rule 237.3 to open the Judgment of Non Pros and permit Plaintiffs to file the Complaint attached hereto in Exhibit "A" . ._ "'~M..,l Dated:~~Jlq 10:0, . <" '-~ ~~ iitir_"""" Respectfully submitted, WIX, WENGER & WEIDNER By /;/[ ~ II ( I ~,()"..Cl.LJ:... r". LV~ Richard H. Wix, Esq., 10# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 , -""'_.........~_l> , (-' -" --IM:l'ili ~., GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF Cm,IMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TER,'.1 ,- OLEG SHUSTERMAN and GREGORY SHUSTERMAN , Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ' NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clain:i~ set forth in thE following pages, you must take action within twenty (20) days after this Com;Jlaint and Notice'are servee by entering a written appearance personally or by attorney and filing in writing with the Court you 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 furthe- notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO'" HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTf- BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 po' abogado y archivar en la corte en forma escrita sus defensas 0 sus obje:iones alas demandas er contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entre- una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos impor:antes parE usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE SI NO TIENE ,t.,30GADC o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIC!O VAYA EN PERSON."'. C LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTR,", ESCRiTA A3AJC PARA AVERIGUAR DONDE SE PUEDE CONSEGU/R AS/STENCIA LEGA'- COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 II Exhibit "All ~ - -".~ ." ""'~~ .' ~ ""'!;'''''"''''''''"':,' GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, by their attorneys, Wix, Wenger & Weidner a:,d set forth the following Complaint 1. The Plaintiffs are adult individuals, husband and wife, residing at 115 North Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Oleg Shusterman is an adult individual residing a~ 401 David Drive. Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or abou~ April 22,1999 on Interstate Route 83 in the City of Harrisburg, Dauphin County, Pennsyl'/ania. 4. At the time and place aforesaid, Plaintiff Gary L. Wood was operating a 1992 Chevrolet Lumina northbound on Route 83 in the right hand lane. 5, At the time and place aforesaid, Defendant Oleg Shusterman v.as ope"ating a 1993 Nissan sedan northbound in the left hand lane of Route 83 \'Ihen he lost co~:ro: of his vehicle and struck the Plaintiffs vehicle in the rear, causing Plaintiffs veh:cle to le3'le ~~ I" -~ . l>.j"" the highway and resulting in physical injuries to the Plaintiff Gary Wood, as well as damages to his vehicle. 6. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) operated his vehicle at a speed too fast for conditions then and there existing; b) failed to keep a proper lookout for other vehicles; c) operated his vehicle at a speed too fast to stop within the assured clear distance ahead; and d) Defendant failed to keep his vehicle in his own lane of travel. COUNT I GARY L. WOOD v. OLEG SHUSTERMAN 7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference. 8. As a result of the collision, Gary Wood sustained serious personal injuries. including, but not limited to, injuries to his back, neck, shoulders, soft tissue injuries. headaches and mental suffering and distress. 9" As a result of his injuries, Gary Wood sustained a serious impairment a:1d curtailment of life activities, including an impairment of his ability to ""ork, 2 < .","'"""" "'~'~~n" ~~ L_ ~ "' ~"~ ~~ '~-J:;j*~..r,,,,,,i ( 10. As a result of the accident, Gary Wood incurred medical expenses in the treatment, medication and other miscellaneous expenses for his injuries, and may continue to incur medical expenses in the future for his injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law. 11. As a result of the accident, Gary Wood sustained, or may sustain, losses for which the following are legally recoverable categories of damages: a) past and future pain and suffering; b) past and future embarrassment, humiliation and mental anxiety; c) past and future incidental costs; d) past and future loss of life's enjoyment; and e) past and future loss of earnings and earning capacity. WHEREFORE, Plaintiff Gary Wood demands judgment agains~ the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs COUNT II DONNA L. WOOD v. OLEG SHUSTERMAN 12. The allegations of paragraphs 1 through 11 of ti-.s Complaint are incorporated herein by reference. 13, As the result of the aforesaid accident which caused perSJnal injuries tJ Plaintiff Gary Wood, Plaintiff Donna Wood has suffered and may continJe to suffer the 3 ~ ~~ " ~ " -~ ~ -. ~. - ~. , .h' "W:~ .' I loss of companionship, comfort, society, services and other forms of consortion of her husband. WHEREFORE, Plaintiff Donna Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with inte:est and costs Respectfully submitted, WIX, WENGER & WEIDNE,'<, By CCC~L-( N. ~L-7'- Richard H. Wix, Esq., 10# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 171 09-30~9 (717) 652-8455 Dated: ~} (sIc:) <; 'o._~' " ~L - - , 'L ." ~ " ~~~ J;-~~ .' , VERIFICATION I, Gary L. Wood, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge. information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA CS Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: JjJ ,jC3 A("~ \A.id... {\_.fc;r:c;.Q GarjlL. Wood ~ ~ ~--~- ~ I " " -, .,' - _~~N'fR.tw'" .^ ~ CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2003, I, Gaye Crist. an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail. postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg.PA 17110 WIX, WENGER & WEIDNER .;-1 /' /4c:,,,,-, 1./:..",)- Gaye Crist d-<" '-'~ - - ,~ , ~ "- . -,,~ _.dt~",I'I::! .' " CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Petition to Open Judgment of Non Pros this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER jlc<,~c. Cl->+ Gaye Grist ",,' .~~ ~._~,~ - "'" J 1 'i" ....""'" ~w; GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this 2.. a~ of j'V) a,...J,. ,2003, the Petition having been timely filed in accordance with Pennsylvania Rule of Civil Procedure 237.3, it is hereby ORDERED that the Judgment of Non Pros filed on March 10, 2003, is hereby opened, and Plaintiffs are permitted to file the Complaint attached to their Petition. ,/1, J. ~.iIi_~ilIloJlOOffl!~~!lii~~~~:l1lki!h"-!!i"'11:Eili~I,:,,;;';,i:,,'+;,.;1<,''',d,o,,~,;,~';""-~_J2J~[lif~~~~Ii!MiMl!il'~'~ il ''t' ~ 1iiIll1ll.,,> 4>l1>..h.k~lIiIii1l~g]tlI -' ,-,-,'-. ,',," r \-~'..t f t' t.~, \ \ c. '0 ~ ,1,,1 ,~, .~~~ ~'J C":~ c: .' t.-~ ~):, " ._,,~ ~-/ ~~;o- ~~:;~ "(1'2 C:l (~...." _1,~';. 1,:'lCC\ i_....(;;... ,-,;:", '-> ,--n (.) '6 'r,;:) L JlI1~ 111111 '" '<,~. ~"".','--,''''.."'','~"'"- ~, - it'l '1111'1' 1 ,,"' '-~, ~ . '-, "'~""". ~ ,. ,. " -'^'~ - . .0' ."-,,,,:.1:,.,- . '--0:,'-,"'_" ,i,,,.-~- .',:". ''-'''._'''';;''_;;c,. '''_,<~",;, "~-_-"'" ,,"-d. ~ ,-"_.;"-':'.A _>~:'j , ",-,:,-~-.'b_! 4 GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED BRIEF OF PLAINTIFFS IN SUPPORT OF PETITION TO OPEN JUDGMENT OF NON PROS This is an action for personal injuries arising out of a motor vehicle accident. The action was commenced by the filing of a Writ of Summons on March 12, 2001. Defendants issued a Rule to Plead upon the Plaintiffs, and it is admitted that Defendant sent a 10 Day Default Notice. A judgment of non pros was entered on March 10, 2003. Plaintiffs' filed a Petition to Open the Judgment of Non Pros on March 19, 2003. Rule 237.3 of the Pennsylvania Rules of Civil Procedure reads as follows: "(a) A petition for the relief from judgment of non pros or of default entered pursuant to Rule 237.1 shall have attached thereto a verified copy of the complaint or answer which the petitioner seeks leave to file. (b) If the petition is filed within ten days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense." The Plaintiff's Petition was filed within ten days of the entry of judgment of non pros, and has attached to the Petition a Complaint setting forth a valid cause of action. ~i1ljniii' "jjl!i~.'- ~.P-, p;,~i" '" . t m.~Il.__ JlD! '-~lrti,u'C'L""'eia~~ililiY ,t,' '~j"~-~";iI' "' ""_..,,,W'''_~ o,~'k~,,'~ ,~"'" ~_, ~, ,<,-,=" '.-- , .' ". "<~ ,~. ~ ~ <.. , '"'''.''' ',O.','"V",V.,'" ",,' . ""-",, -", '--"-:;,"~" ',,,- ~- - - '-"-.1 ~'i i1 I I I i 4 Plaintiffs respectfully request your Honorable Court to open the Judgment of Non Pros and permit the Plaintiffs to file the Complaint attached to the Petition to Open Judgment. Respectfully submitted, WIX, WENGER & WEIDNER By ~'ck.e_ U. CJ.x Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 3/19/03 2 .11 '- . ", , ~ , of CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Brief of Plaintiffs in Support of Petition to Open Judgment of Non Pros this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER AW Gaye~st ~""..._oJ=~.~,c " ~ OJ U .... "- "- o III "- ....0 :z ~ n11 .... OJ ll... '" 010 ll. I- H D<: :3 ....J.. <(OJ 0- I- :>. LJ I- "'OJ LJIII ....JIO OV :z <( :E:: D<: LJ I- .... ::>::r :I:..-'I ...... ::r :>. l... 10 +> o CIII OOJ .r:;.... +>l... O+> l...C ll.LJ :>'OJ +>11I C ID :IV o V " C 10 ..... l... OJ .c e :I V ~ III >.. ~OJ e ....J.... <( I- I- LJ ....J..-'I Cl >- Cl D<:I\J <( ...... '" n1 ..-'I A...... o n1 o :3 ['-OJ ..o+> ::rID ..-'I A Cl I " ..-'I OJ Cl ..... Cl.... 1\Jll... A Cl ..-'I UJ .... >- ll. .~*'.= n1 :z >-0 H IDI- LJ ':::',:>-D::::':::' :W:lDWW ....J'LJ:I: :I: :HD:::: V.:::. lL.LlJVl<Cl.&J ::r:H~....J >- I-H ....JVlrrl<C<c il.&JHI::J E: 'E: ........~ H~I::JZVl ~Hr-=tHl.&J ......<(H Zrrlrrl....Jo.. ;l.&J. 0..0 'l.&J r--ZE: V mrrlOO I\J V..." '" A Zl.&Jl.&Jl.&JVl HD::::....J::r:Vl :>::JH~l.&J <C':::'lL. ::r: ::r:l.&J l.&J :>- VVl....J<l:D:::: ZOOH ~ OD::::D::::lL.ZZ Ho..a.. Hl.&J I- 0> H....JZ~l.&J~ ~HO ~Vl l.&J:>Z':::' <I: a..H l.&J~....J VlL.~D:::: l.&J O~::J ::r:lL. HO ~O~E:VI :z D<: 1l.&Jl.&Jl.&JW ....JE:D..::r: rrl=t'-!l ~ ClD<:ALJ ........ ::JD:::::>- 1::J<I:"J<m 1\Jll. ........ l.&JVlI rrl::r::J:lL. ~~lL.Z .:::.H ....JO l.&J:=:~a..H I- <( I- <l:l.&J::J:':::'H ':::'V~Z~ :z <(LJ 1<1:':::' a.. ALJA D::::D::::D::::l.&JD:::: WOWZH AVALJLJ D::::VD::::a..::J: O<OO~ n1 Cl ...... Cl I\J ...... n1 ~ ..,,;;, ~ S <D ~ ~ ~ " ,. ",':;'k-., l'i.'-Iii~!Kr;,; ~ c::::hJ:, ~ ~ 2:, ~~ cb ~ r- ~...~ ~0. . ~ ~ ~ ~ ~ J1 ~ +> o ID " oQ ..-'I ll... 0- o I- " ['- ..-'I ll... ..... OJ U C 10 V " I\J ..-'I ll... +> C .... l... ll. " Cl ..-'I ll... OJ C o A " I\J ll... '0 ' ''-1.:' ,;.>"" --,-.,,- . -, i "c_..,;.__ - '-'~, -, , ~.i ,:~ ,;.. ,,,",..,:,';';,i':;:b',,:~,", :,. c'C -,~ . --, " "''' ",.;..;; ~ -'-- c_ :'1'- ,';h;_?' -,,.;;~,,---,,,,~, ,~",.;.- """.;:,>,;"., '''.,:,-.:'' '';; ".,j~;:';t-^,;,,,,,';';)~ .~ -" ,,; ""'\--1 i GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM CIVIL ACTION - LAW OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants JURY TRIAL DEMANDED PETITION TO OPEN JUDGMENT OF NON PROS AND NOW come the Plaintiffs by their attorneys, Wix, Wenger & Weidner and set forth the following pursuant to Rule 237.3 of the Pennsylvania Rules of Civil Procedure. 1. Plaintiffs had instituted the above suit by the filing of a Writ of Summons. 2. A 10-Day Notice sent by counsel for the Defendant arrived at counsel for the Plaintiffs' office when he was out of the office, and was not aware of same until Notice of Judgment was entered. 3. Judgment of Non Pros was entered by the Prothonotary on March 10, 2003. 4. This Petition is filed within 10 days of the entry of the Judgment of Non Pros as required by Pennsylvania Rule of Civil Procedure 237.3. 5. Plaintiffs have a meritorious claim against the Defendant as is set forth in the Complaint attached hereto, marked Exhibit "A", incorporated herein by reference. WHEREFORE, Plaintiffs request your Honorable Court in accordance with Pennsylvania Rule 237.3 to open the Judgment of Non Pros and permit Plaintiffs to file the Complaint attached hereto in Exhibit "A" . ~,' .'",-,',-"""<,,, ,,,-~_-'c' '''.--<.:iC ~.",......."\ """--".~.fi;,----. "ffi ---,-',,;,,-,,- Dated: 3/'''i!03 .... .<...., .-"..,.;_.,,", ,'"~;"',.' '.-."...--,,!;;,.,. i;,i :,;',:~-'~:,:.>;J:,.-":~';:;~:--' ,: ;~~j Respectfully submitted, WIX, WENGER & WEIDNER By i1ck-.t I-t LJrX Richard H. Wix, Esq., 10# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 ~'~ ~ ~ ,- . . , -,- .~-' , '" ~ Willa ''''" GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM (--J r-: OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW ,- JURY TRIAL DEMANDED NOTICE TO DEFEND ( ~~- ;:.: , - YOU HAVE BEEN SUED IN COURT. If you wish to defend against the:C1airtii setiorth in the following pages, you must take action within twenty (20) days after this Complaint and Notice'-are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demand as expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 Exhibit "A" __1'-......."""""'" .'" ~ ..~-~ ~ '~ - "~ .J,,_ "r",j,. GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Complaint. 1. The Plaintiffs are adult individuals, husband and wife, residing at 115 North Sporting Hill Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Oleg Shusterman is an adult individual residing at 401 David Drive, Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place on or about April 22,1999 on Interstate Route 83 in the City of Harrisburg, Dauphin County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff Gary L. Wood was operating a 1992 Chevrolet Lumina northbound on Route 83 in the right hand lane, 5. At the time and place aforesaid, Defendant Oleg Shusterman was operating a 1993 Nissan sedan northbound in the left hand lane of Route 83 when he lost control of his vehicle and struck the Plaintiff's vehicle in the rear, causing Plaintiff's vehicle to leave ~ . ,,.j 1 ~ ^ .".....!I:\\l!""','"" the highway and resulting in physical injuries to the Plaintiff Gary Wood, as well as damages to his vehicle. 6. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) operated his vehicle at a speed too fast for conditions then and there existing; b) failed to keep a proper lookout for other vehicles; c) operated his vehicle at a speed too fast to stop within the assured clear distance ahead; and d) Defendant failed to keep his vehicle in his own lane of travel. COUNT I GARY L. WOOD v, OLEG SHUSTERMAN 7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference. 8. As a result of the collision, Gary Wood sustained serious personal injuries, including, but not limited to, injuries to his back, neck, shoulders, soft tissue injuries, headaches and mental suffering and distress. 9. As a result of his injuries, Gary Wood sustained a serious impairment and curtailment of life activities, including an impairment of his ability to work. 2 "~" ,. '~,.~~,"-; 1 O. As a result of the accident, Gary Wood incurred medical expenses in the treatment, medication and other miscellaneous expenses for his injuries, and may continue to incur medical expenses in the future for his injuries, for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law. 11. As a result of the accident, Gary Wood sustained, or may sustain, losses for which the following are legally recoverable categories of damages: a) past and future pain and suffering; b) past and future embarrassment, humiliation and mental anxiety; c) past and future incidental costs; d) past and future loss of life's enjoyment; and e) past and future loss of earnings and earning capacity. WHEREFORE, Plaintiff Gary Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. COUNT II DONNA L. WOOD v. OLEG SHUSTERMAN 12. The allegations of paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. As the result of the aforesaid accident which caused personal injuries to Plaintiff Gary Wood, Plaintiff Donna Wood has suffered and may continue to suffer the 3 >> . O""'<i loss of companionship, comfort, society, services and other forms of consortion of her husband. WHEREFORE, Plaintiff Donna Wood demands judgment against the Defendant in an amount in excess of mandatory arbitration limits, together with interest and costs. Respectfully submitted, WIX, WENGER & WEIDNER Dated: 3)ljlo~ By ~~ N. ~L~ Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 4 [dI.tiil' ~" . = ~ " ~ >" c -,- VERIFICATION I, Gary L. Wood, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 3/17 /D3 1 !,LCVV<-\ d.. (<.k'C'CV GarY L. Wood ~~ ~ " . nfl~lh.&-ii.-: CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER ~;;a'\N C,<) Gaye Crist ~ -.-=~ -" ~-,--"-, '--~ ~",,-'"~'.,~ ~~.,-- _~;"~ ,,-""-.--~ '-'ho_,,""', , -,,; -.-,-~~, ~ -;. '. CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Petition to Open Judgment of Non Pros this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER JJ W Gaye'drist ~_~~ili~Q~lMi~_Il1tf.'iI' ~- '~iI'Ji~~~~ _lIfiR ,- " ,-~, ,~ ~' ; ,,~,-, lilll:;<'" , " ,~ &..i .' ""'" ~, '" [.Jjr-;C :<:""~ . ~.~ -~ ,,' -,~- ~:. 2~,-' -",' ( -"i -( c) c: ::.::--' \.(.. '- '. ;--,-j ,>J -~-. ':"-' -~ ,'"n (...). -'] ---< ~ - - ,- -- ., ", --,,,"'" '''''^,', ".- "~"'"~ci:.",,'~' '~"M.'C,' --""'1 i 1 ,1 ,I ;j I 1 I 1 :1 GARY L. WaaD and DaNNA L. waaD, his wife, IN THE caURT .oF caMMaN PLEAS CUMBERLAND CaUNTY, PENNA. Plaintiffs, vs. Na. 01-1467 Civil Term OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants. CIVIL ACTION - LAW NOTICE TO PLEAD T.o: Gary L. and Donna L. Wood, and their attorney, Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Y.OU ARE HEREBY N.oTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEAL.oN & G.oVER, P.C. ~ By: Date: fI-f"-c3 Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 . - - -, -,- ." UNi I , I ! GARY L. WOOD and DONNA L. WOOD, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. NO. 01-1467 Civil Term OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants. CIVIL ACTION - LAW ANSWER WITH NEW MATTER 1, Admitted upon information and belief. 2. Denied as stated. However, it is admitted that Oleg Shusterman is an adult individual who currently resides at 848 West Foxcroft Road, Camp Hill, PA 17011. 3,-6. Denied as stated. However, it is admitted that on April 22, 1999, at approximately 4:50 a.m., as Defendant Oleg Shusterman was operating a 1993 Nissan Maxima in a northerly direction on Interstate 83 within Harrisburg City, Dauphin County, Pennsylvania, his vehicle came into contact with a 1992 Chevrolet Lumina being operated by Plaintiff Gary Lee Wood. The remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT I Gary L. Wood v. Oleg Shusterman 7. Paragraphs 1 through 6 are incorporated herein by reference thereto as if set forth at length. 8.-11. Said Paragraphs and all their subparts are denied as Defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted. and proof is demanded at trial. Any remaining averments contained in these Paragraphs are denied pursuant to PaRC.P. 1029(e). - ., '-"-""-"- -, r ~ -"':w\:: COUNT II Donna L. Wood v. Oleg Shusterman 12. Paragraphs 1 through 11 are incorporated herein by reference thereto as if set forth at length. 13. Denied as after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and proof is demanded at trial. NEW MATTER 14, Paragraphs 1 through 13 are incorporated herein by reference thereto as if set forth at length. 15. Plaintiffs' claims may be barred in whole or in part by operation of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants Oleg Shusterman and Gregory Shusterman respectfully request judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with costs. Respectfully submitted, NEALON & GOVER, P.C. By: Date: f?~ Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harri~burg, PA 17110 717/232-9900 2 - "- " - ~,,- , ~~"><-,,; - --'"',--," - '".d -'(;;" ,.'"',,,;--<'0..0. _, ,.'._" ':",'H";'-~ '-,;"<,.-,;,, . - "--;~1 VERIFICATION I, OLEG SHUSTERMAN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are. true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: t/ / LI / t7 '3 ( , (},~. OLEG SHU RMAN '~ . -'" - "'~--<~"'_>' -. .--,--,-,-,", ."," _"_, .-_ -"",,,,,,,'"", ,_-" o,_,,,,,,,,;<..;<t,'~"o',",,,,_ ,~,_,.. "" " '1,; VERIFICATION I, GREGORY SHUSTERMAN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities. Date: 1.../ - (,' !j - ,,--tJO.5 ~ Oz..~ ..~ GREGORY SHUSTERMAN - ~~" ~. ^ - "'" - '- CERTIFICATE OF SERVICE AND NOW, this !f!!{ day of April, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Andrew C. Lehman, Esquire ""'j,jiilHlil~M' JlI/lWllilllli ~~,,~ 'RiltdlilliiuiW~~~~lirj_ ,~. '. ,..", _~, 0, .".",. , '''. ,-- >'~ -~, __e_, '" -"I b . {') c: "'J~~ Dlr,' ~~:~ -<~- t;::C :fEc,; ""c' Pc 2: :< l i I c;, C_'~ () .,;, T^;!o 0-_.; ';:';' :;:: 5:J -< r" ~~ ~,' ~... - ,--~,- " .~ ~ I"t: v , , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of Hi;: AijDREW C. LEHMAN, ESQ. certifies' that'1il', (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/30/2003 MCS on behal~ of < C,."",Y./?JVA ( . )..P..fl.JVV'~.. CAli' ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-42518971939-LOl ~ ~, """ .&)'- , ~ " t' , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L., WOOD' TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF IN'.l'BN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 [ Note: see enclosed list of locations] TO: RICHARD WIX , ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced-records maybe ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN. ESQ. Attorney for DEFENDANT CC: ANDREW C. LEHMAN. ESQ. HBATHER B. BBRGEY - 02-470 - 992794783 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARKBT STREBT #800 PHILADBLPHIA. PA 19103 (215) 246-0900 DE02-230255 7 J.. 93 9 - C02 ..m. ~-'- ~ . .. . '1 >>> LOCATION LIST <<< PAGE: 1 .LOCATION NAMB RBCORDS REQUESTBD , HBRSHEY MEDICAL CTR. GOOD HOPB FAMILY PRACTICE CTR. RODNBY G. SHAFFBR, DC JOYNER SPORTS MEDICINE, P.C. LEB C. MILLBR M.D ROBERT P. LONBRGAN, M.D. SUSQUEHANNA SURGEON, L~D. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MBDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 73.. 939 -CO 2 -ij(lIii:~il i . - -" "- ...--" -'",i, , , COMMONWEALTH OF PENNSYLVANIA COUNt\' OF CUMBERLAND GARY & DONNA WOOD vs OLEG AND GREG SHUSTERMAN File No, 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you a~e ordered by the court to produce the following documel'ts or things: SEE AT~ACHED .. . ; at MCS GROUP INC" Ib01 MARKET ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: JUN 3 0 2003 " J"..)~ 4 J.IV~ I . BY Seal of the Court (Eff. 7/97) "___,Ll T:- ~.- ---~ ~" ""~ '-1., , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CTR. 500 UNIVERSITY DR. PO BOX 853 HERSHEY, P A 17033 RE: 71939 GARY L. WOOD Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse'snotes, doctor's comments, dietary restrictions, and alll?atient consent or refusal of treannent, procedures, tests, and/or medicatIon, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treannent, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-447012 71939-LOl -..-. . ,- "i'F . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No Objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/30/2003" ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425190 71939-L02 ~ ,. , ~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L.. WQOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF IN'l'BN'l' TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVJ$.Y PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: RICHARD WIX , ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena . identical to the one that is attached to this notice. You have twenty (20) r days from the date listed below in which to file of record and serve upon the: undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced'records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN, BSQ. Attorney for DBFENDANT CC: ANDREW C. LBHMAN, BSQ. HBATHER E. BERGEY - 02-470 - 992794783 Any questions regarding this matter, contact THE MCS GROUP HlC. 1601 MARKET STRBET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-2302557J..939-C02 r , .,' ' DE02-2302557J..939-C02 ~, """'--'-" ',"--,..... HS'il" COMMONWEALTH OF PENNSYL VANIA COUNty OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GOOD HOPE FAMILY PRACTICE (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you a;e ordered by the court to produce the following docume,ts or things: ,: .... SEE ATTACHED . : at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.PA 19103 (Addres.) 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: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: A TIORNEY FOR: DEFENDANT ). JUN 3 0 200~ DATE: ,,_ ~1..0{: J:/, ;;)r"6 Seal of the Court (Eff. 7/97) . ~" . " l, ,., ~, 'II EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GOOD HOPEFAMIL Y -PRACTICE CTR. 1830 GOOD HOPE ROAD ENOLA, PA 17025 RE: 71939 GARY L. WOOD Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handWritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treannent pertaining to; Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 8U10-447014 71939-L02 ,c;.;: -, ~'...... ~ \,!,_,_ '1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANt TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -vs- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 . MCS on behalf 61' ; ~1':: ,,,"0 e n-i?; ANDREW C. LEHMAN, ESQ. certifies"'t'hat ',,' 'f,;; (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/30/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425191 71939 -LO 3 "'III ~, " '. ~- COMMONWEALTH OF PENNSYLVANIA COUNT~ OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L.. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF INTENT TO SERVE II SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVE!RY PURSUAN'l' TO RULE 4009.21 [ Note: see enclosed list of locations] TO: RICHARD WIX , ESQ. NCS on behalf of ANDREW C. LEHMAN. ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (201 r days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced ' records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local NCS office. DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT CC: ANDREW C. LEHMAN, ESQ. HEATHER E. BERGBY - 02-410 - 992194183 Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET lISOO PHILADELPHIA, PA 19103 (n5) 246-0900 DE02-2302557:l..939-C02 AlIi" I~ LOCATION NAME HERSHEY MEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SHAFFER, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER M.D ROBERT P. LONERGAN, M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK . - ' ~j'. >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT '-I, DE02-230255 7:L939-C02 , ~. ^J.......'-, ."w_"""',,, COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG Al~ GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ROnMJi:Y SHAFFJi:R. n.c. (N:aJ;n~ of Penon or En,~ty) Within twenty (20) days after service ofthis;s;'bpoen,,;yc:,u .re<>'dei'.ilf'by the court to produce the following docume"ts or things: '. SEE:,A'tTACHED':" . ; at MCS GROUP INC., 1601 MARKET ST., ff800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek, in advance,the reasonable ~ost 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: NEALON (, LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT lD #: ATIORNEY FOR: DEFENDANT JUN 3 0 2003 ,-t..l\~ if .::J.NU t DATE: Seal of the Court (Eff. 7/97) .. II ,~ .~ " EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RODNEY G. SHAFFER-, DC 62 EAST CHURCH STREET LOCK HAVEN, PA 17745 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including 99-00-0000. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SUIO-447016 71939-L03 -, -. ~ 0 ~ ~"~~:m'&';I'. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 ~. i' :~_ ;;it:: J. MCS on behalf of ANDREW C. LEHMAN, ESQ~e! certifies that Ice ':1,- (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No obj ection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS oh behalf of DATE: 06/30/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425192 71939-L04 ~. - I ~ - ^" .~ ~~- :JY' COMMONWEAL~H OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L..WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OP INTBN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMBNTS AND THINGS PORDISCOVB!RY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations) TO: RICHARD NIX. ESQ. MCS on behalf of ANDREN C. LEHMAN, ESQ. . intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) r days from the date listed below in which to file of record and serve upon the: undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced-records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN. ESQ. Attorney for DEFENDANT CC: ANDREW C. LEHMAN, ESQ. HEATHER E. BERGEY - 02-470 - 992794783 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 71939 -CO 2 <~ ~, ~ '~,- ) ." ~ ~-' >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SHAFFER, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER M.D ROBERT P.. LONERGAN, M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT l , D802-230255 71939 - CO 2 ~~ ~ ~ ~d , " -~'1/"'^ COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE (Name of Person or Entity' Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documl!!'ts or things:. SEE ATTACHED . ; at MCS GROUP INC., 1hOl MARKET ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATIORNEY FOR: DEFENDANT DATE: ~LI.~_ JUN 3 0 2003 J..I ~/)o...2, I BY Seal of the Court (EEf. 7/97) ',.,.,. ,~' .' ~ " -4;; EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE, P.C. 6301 GRAYSON ROAD SUITE 138 HARRISBURG, PA 17111 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, f11es, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birtb: 03-29-1945 8U10-447018 71939-L04 -" 1 ''''--J, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L& DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 .,P.')" '\e MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that '(:1 .:~: t-. j (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/30/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DE11-425193 71939 - L 05 , , ~' 'III COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L..WQOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF IN'1'BNT TO SERVE A SUBPOENA TO PRODUCE DOClJMBNTS AND THINGS FOR DISCOVERy PURSUANT TO RULE 4009 _ 21 [ Note: see enclosed list of locations] TO: RICHARD NIX . ESQ. MCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT CC: ANDREW C. LEHMAN. ESQ. HEATHER E. BERGEY - 02-470 - 992794783 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-230255 7193 9 - C02 --' .-~ Jiib....<:L W~;,!;~jjl;L' >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SHAFFER, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER M.D ROBERT P. LONERGAN, M.D. SUSQUEHANNA SURGEON, LTD. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT . "'-'-' DE02-230255 71939 -CO 2 ",..,j' " ,C, '. , , ~;; COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:DR . LEE MILLER (Name of Person or Entity) Within twenty (20) daysifl],\l ~\!;';'j~~ bf thl~'siibj.d~ria, youJ.ij o~d~red by the court to produce the following documel'lts 0' things: ".(Or, ,,'" '\ '" '," '&E'E' ATT~tltFrn: ," , ; anc .- " - 1', '\f.t',' . ?'le(:~',' '-'J1.:' ;-ti('Y v at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.PA 19103 (Address) ~ You may deliver or mail legible copies of the documeJ1ts 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 dlKumeJ1ts 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 IREQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, PA 17110 TELEP1l0NE: 215-246-0900 SUPREME COURT ID #: ATIORNEY FOR: DEFENDANT BY Prothonotary/Clerk, /'h/J_ ,,_f? .~nh"r.<,r D uty DATE: 011. "}t:' JUN 3 0 2003 I.../rM6.3 '---- Seal of the Court (Hf. 7/97) ~ -~~" >~ ,.- ..,~ 0 , -."'"",0' '>' <-l' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LEE C. MILLER M.D - 2201 FOREST HILL DRIVE SUITE 9 HARRISBURG, PA 17112 RE: 71939 GARY L. WOOD Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING Hll..LRD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SUIO-447020 71939-LOS "-'-'. ::. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 I> c',., ,_,~~; Ldv MCS on behalf of ANDREW C. LEHMAN, ESQ i "'e' certi'ties""t'ficit '" y no ", ue no," : 'I;,; ~)ll:_ ."-" ,'-~ " '')mp ~ ,"'" (1) A notice of intent to serve the subpoeNa with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/30/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425194 7193 9 - L 06 J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L., WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOvERy PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: RICHARD WIX , ESQ. NCS on behalf of ANDREW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) !! days from the date listed he low in which to file of record and serve upon the: undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local NCS office. DATE: 06/10/2003 NCS on behalf of ANDREW C. LEHMAN. ESQ. Attorney for DEFENDANT CC: ANDREW C. LEHMAN. ESQ. HEATHER E. BERGEY - 02-470 - 992B4783 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MARKET STREET 11800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-230255 7 ~ 9 39 - C02 ~ i~ '" ~ -~ "'-~'"~'!''''''''&l!oi!ul;l'-A >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CTR. GOOD HOPB FAMILY PRACTICE CTR. RODNBY G. SHAFFBR, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER M.D ROBERT P. LONERGAN, M.D. SUSQUEHANNA SURGEON, L!D. AMTRAK MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT .,,' , :' f~ ~ ! '"- <,., - . .,",. .n I DE02-230255 7:1- 939 - C02 - .. _. _a~K -~~ "1ffiY COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR LONERGAN (Nam:e of Person or Entity) Within twenty (20) days after service of this subpoena, you ire ordered by the court to produce the following docum..,.ts or things: SEE ATTACHED . ! at MCS GROUP INC., ~601 MARKET ST., #800, PHlLA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this re,quest 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: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. ~ISBURG, PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: - ,to" JUN 3 0 2003 '-I, .lD~ ..... Seal of the Court (Eff. 7/97) ~~ - " '., ,.' """'""\~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR; ROBERT P. LONERGAN, M.D. 207 HOUSE A VENUE SUITE 105 CAMP HILL, PA 17011 RE: 71939 GARY L. WOOD Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis ortreatrnent pertaining to: Dates Requested: up to and including 99-99-0000. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 ! , SU10-447022 71939-L06 - " ,-' , .,---. < "" '-'e, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW C. LEHMAN, ESQ. certifies that ~-~, ,'- (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/30/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425195 7l939-L07 '..... ~ --="'"",",""'-'<';" COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L..WQOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF INTEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMBNTS AND THINGS POR DISCOV$Y. PURSUAnT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: RICHARD NIX, ESQ. MCS on behalf of ANDREN C. LEH~, ESQ. intends to serve a subpoena ~ , identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced. records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DBFENDANT CC: ANDREW C. LEHMAN,BSQ. HIlATHBR E. BERGEY - 02-470 - 992794783 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 11800 PHILADIlLPHIA, PA 19103 (215) 246-0900 DE02-23025571939-C02 - '. '" ~~ ,,' ~ ~ '"~"~;,-" . >>> LOCATION LIST << PAGB: 1 . LOCATION NAME RBCORDS RB UBSTBD HBRSHBY MEDICAL CTR. GOOD HOPB FAMILY PRACTICB CTR. RODNEY G. SHAFFER, DC JOYNBR SPORTS MEDICINB, P.C. LBB C. MILLBR M.D ROBBRT P. LONBRGAN, M.D. SUSQUBHANNA SURGEON, LTD. AMTRAK MEDICAL RB ORDS MEDICAL RB ORDS MEDICAL RB ORDS MBDICAL RB ORDS MBDICAL RB ORDS MEDICAL RE( ORDS MBDICAL RB(ORDS EMPLOYMENT '\: DE02-230255 7:L 939 - C 0:2 '" ." ~ -' ~ " "U~,;'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA SURGEONS (Name of Person Of Entity) h. , ",', ,': ,~, :___ ~. ,.. -, 1 ',-~; , ' _ -',.- _ :' ,. ~!H:'iiri tW~,nty (~?))1ay~,_:dt~r ~erXWe.,o,f this su~poena, .you are ordered by the court to produce the following documeflts or !(~li"gs: .. . "....! . . ", .... SEE ATTACHED. . .1' "1]', at MCS GROUP INC, , 1601 MARKET ST., #800, PHILA.PA 19103 (Address) You may deliver or mail legible copies of the doculI\ents 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 acour! order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: NEALON & LEHMAN, ESQ. ADDRESS: 2411 NORTH FRONT ST. HARRISBURG, .PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT JUN 3 0 2003 J{.h~ 4, .,2~ BY .- Divi,ion DATE: "-- Seal of lhe Court (Eff. 7/97) .~ - ~ ,. ~ >~ ~" - ~"," EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA SURGEON, LTD 532 N. FRONT ST. WORMLEYSBURG, PA 17043 RE: 71939 GARY L. WOOD Entire medical fIle, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fIles, memoranda, bandwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 '! SUlO-44702471939-L07 ,~"" ~~, , ~- ~.~ ~. , .~ , n ci:~,; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 _,[Lf'0_L, dL J,l ~ ;! f ~.q MCS 'on behalf of tEe. ~,;, r~; ANDREW C\~LEHMAN, ESQ. cettift@Eltth~t lTla.~ (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The suhpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/30/2003 ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT DEll-425196 71939-LOB .-, " ." . . ,- '~~ - , .'H.' . "-if. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GARY L & DONNA L. WOOD TERM, -VS- CASE NO: 01-1467 OLEG & GREG SHUSTERMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD WIX , BSQ. MCS on behalf of ANDRBW C. LEHMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced.records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. r , DATE: 06/10/2003 MCS on behalf of ANDREW C. LEHMAN, ESQ. Attorney for DEFENDANT CC: ANDREW C. LEHMAN, ESQ. HEATHER E. BBRGBY - 02-470 - 992794783 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARKBT STRBBT #800 PHILADBLPHIA, PA 19103 (215) 246-0900 DB02-230255 71939 -CO 2 ~ . LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED ~" . "ill},- PAGE: 1 HERSHEY MEDICAL CTR. GOOD HOPE FAMILY PRACTICE CTR. RODNEY G. SHAFFER, DC JOYNER SPORTS MEDICINE, P.C. LEE C. MILLER M.D ROBERT P. LONERGAN, M.D. SUSQUEHANNA SURGEON, LTD~ AMTRAK ,MEDICAL RECORDS 'MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT DE02-230255 7~939-C02 "', "~ -"-'-'" - '. ~--... ~-,~- ". ~:0' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY & DONNA WOOD VS OLEG AND GREG SHUSTERMAN File No. 01-1467 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: AMTRAK (Name of Person or Entity): , . , ~- \Nithin twenty (20) days after service of this subpoena,you are-~'r4ered.:~x. f~~ ~ourt to produc~ the following document" or things: SEE ATTACHED .... ,L ' ; i ' ~ ' 1 - -'-f-- at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the (ertificate of (omplia1'\(e, 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: NEALON & LEHMAN, ESQ. 2411 NORTH FRONT ST. HARRISBURG, PA 17110 215-246-0900 TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: ~lA..' ,~ JUN 3 0 2003 1./ ..) t'l61 I BY <....... Seal of the Court (Eff, 7/97) '-. . '. '.--. - "-'''':~-- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AMTRAK 30TH STREET STATION, 2FL MARKET STREET PHILADELPHIA, PA 19104 RE: 71939 GARY L. WOOD Any and all employment records, applications, fIles, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: . Dates Requested: up to and including the present. Subject: GARY L. WOOD 115 N. SPORTING HILL RD., MECHANICSBURG, PA 17055 Social Security #: 184-36-5920 Date of Birth: 03-29-1945 SU10-44702671.939-L08 ~j~~fti~!Io"'lI1,"~~';',l>'il;Ot)jfj,,",,m-lVliiNi!i11#r.,b"!hi!!,ii!l"~*'lF..c<lli,!:j"i'!c:;'~.%h;.j"~"I"';';"E,,;W;::,,",~IIllI~~~~=~~~ 1lilfltiI1li~ ,. "' ^'.-^ ,~ ",.,-""',. ~.~_"_~~ ,,~_ c_~ _ ,"_ ~~~ '-*"- ",'~, "." ""Il~"--"'-- "''4!l ,..;~ f,~Jt,: o c s:: -orD q;tQ! ~~~ -<z ~CJ ~c "",0 -,:;; .-::'... -j -~ ~k ,~ -""'" <::> w '= '- r , 1'-) V 3: ~-? 1="" co o ," '-j ?i:'J f~'- ";.~1m ~:)Q i:::?(~ -:-,,' ,?; --H '::'-2'C) ;~rn ~. ?6 -< ~ . ~-- '''''-'~''::'''",-" ",,'.-.'.~~~' _,."c,,~,-,___' ~.,,,,'_';_' _.~.'> --"' "',"-._'.J.~.~ _ ."",.0""-; .. ",,,. ""'--O-'h,--;~"'-"-''''';'h._ '-''1',' -,y.'.'- -,_C c' _~__ " .__,_ "', -." '^',-,-',." ~,:,! GARY L. WOOD and DONNA L. WOOD, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1467 CIVIL TERM OLEG SHUSTERMAN and GREGORY SHUSTERMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE To: Prothonotary Please mark the above matter as settled and discontinued. Respectfully submitted, WIX, WENGER & WEIDNER Dated: / / % if B~ft,7J-> Richard H. Wix, Esq., 10# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 it..~';:-"::"---'M ~""~liIiiili.Jtii" -c''''}' It' ,. .J _ ~ ~ P. ,>~ ""~';~~___~I~_JiiJ ~ - ~^~-, ~ "-'-" , . ~ 0 r-.:o 0 = S = -n ..,.. ~"- <- .... -ch'r :C-n r~: (;'"l "'" m- :;::::\.1 Z , ---::7.- I -crt9 0~:~,; en :OJ -....,. .~ 90 f~~ ':!.~ -0 ---n --7'- " ::.;;: DC:> 'Y-;: ~~2 z N Om :;2 ~ --, <:::) :D -<:': -.J -< ~Lf ~