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Home My WebLink About01-1595 FX ;t""" '-W'~'''=~ > - ORIGINAL .' oJ "ii PATRICIA LUJANAC and PAUL L. LUJANAC Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 01 - / S9.S c 01-0:(. /erw; JASON L. TROSTLE Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 227871.1 \MEK\MMM "i..""", . , ""_"""''''''_~h'''_,''_''''_' '" r.",. _,",.',,,:~_ - ,I._ ,~.,,_~-~_" __..,~,,__~__ _~ k ~ ~,.." __ " _~_ - ~. NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) 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 objectiones 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 INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SINO 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 227871.1\MEK\MMM , ,,- ?,,--, -I.- ",. _, ,'.r" _'~_""'F-" ,," ~'- "" -'-~-" -., --~,- ,----- "C" _.. ,~ - _N, - f,~ PATRICIA LUJANAC and PAUL L. LUJANAC Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PA v. CIVIL ACTION - LAW - - NO. 01- 15'16' ~ 1LA-- JASON L. TROSTLE Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Paul L. and Patricia Lujanac, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 1512 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Jason L. Trostle is an adult citizen of the Commonwealth of Pennsylvania who resides at 609 16th Street, New Cumberland, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about April 11, 1999 at approximately 2:45 p.m. on North 12th Street, in Lemoyne Borough, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Paul L. Lujanac was operating his vehicle, a 1993 Dodge Dynasty, in a southward direction on North 12th Street. 5. At that time and place, Plaintiff Patricia Lujanac was a right front seat passenger in the vehicle driven by her husband. 6. At that time and place, Defendant Jason L.Trostle was operating a 1995 Ford Explorer XLT in a northward direction on North 12th Street. 7. At the time of the accident, it had been raining and the roadway was still wet. 8. North 12th Street in the area of the accident travels steeply up hill for northbound traffic and turns sharply to the right (east) just before the accident site. 227871.lIMEKIMMM (:,'''''j -,-' ",-,~,. ,h "'''''",,~.~,,,". ,-'___,-' """_'c,"'_~_ ,~~_~_._",_,CI,_'_"" ,~,=~~,,>~ ffi',",,'_= ",^~__, _ .. - ,I 9. At that time and place, Defendant Trostle was traveling faster than the posted speed limit of25 miles per hour. 10. At that time and place, as Defendant's vehicle was entering a curve, it slid into Plaintiffs' lane of travel and collided with Plaintiffs' vehicle, completing a 360 degree rotation in the process. 11. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Paul L. and Patricia Lujanac are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Jason L. Trostle operated his motor vehicle as follows: (a) failure to stay within his lane of travel and crossing the center line into the opposing lane of travel; (b) failure to travel at a safe speed and in excess of the posted speed limit; (c) failure to keep proper and adequate control over his vehicle; (d) failure to drive his vehicle with due regard for the highway and traffic conditions (e) (t) (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. which were existing and of which he was or should have been aware; failure to correctly negotiate the turn; failure to travel at the posted speed; and CLAIM I PATRICIA LUJANAC v. JASON TROSTLE 12. Paragraphs 1 through 11 of the Complaint are incorporated herein by reference. 227871.11MEKIMMM -,'i. . - -. - """ ~_ _" ,>~. ~=-' -~_,_ _ .~,,_, - . k. ~--- " -~ .. " .- - i1r 13. Plaintiff Patricia Lujanac sustained painful and severe injuries which include but are not limited to a severe back strain, chest and sternum contusion, hematoma and resulting in a serious impairment of her bodily functions, bruised breast and ribs, and bruised tailbone. 14. By reason of the aforesaid injuries sustained by Plaintiff Patricia Lujanac, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 15. Because of the nature of her injuries, Plaintiff Patricia Lujanac has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim in made therefor. 16. As a result of the aforementioned injuries, Plaintiff Patricia Lujanac has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Patricia Lujanac has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. Plaintiff Patricia Lujanac continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II PAUL L. LUJANAC v. JASON TROSTLE 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by his wife, Patricia Lujanac, Plaintiff Paul L. Lujanac has been and may in the future be deprived of the care, companionship, 227871.1\MEKIMMM :f, '" __',m' ~''':'!I,"''_'''P;"~"",,~_~.,, ' .."," _",._,_,'__<'*<"'''"''~''_" <", r--~Y'_'",; ,,_ ~,. "'"7'~"_"""_C_" '1'-- '-..,' - ~if ',! consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Paul L. and Patricia Lujanac demand judgment against Defendant Jason Trostle in an amount in excess of Twenty-Five Thousand ($25,000) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Michael E. Kosik, Esquire 1. D. No. 36513 4503 North Front Street Harrisburg, P A 1711 0-1799 (717) 238-6791 Counsel for Plaintiffs Dated: 227871.1\MEK\MMM :'-~--~'~',. , ' ., ...,,,,. '" > ,..' -" .' ., ~. ~.'_".':.~ --_,,~,;.,< 1-..' ',...-,." ,..,- - ,,' ,,~ ---~. ,,~ - VERIFICATION I, PATRICIA LUJANAC, do hereby swear and affIrm that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. wt~ Dated: c3/? /02 ~ I I ~_,,'_-,/I~~ PATRICIA LUJAN ". """-7"'""'I!I_~r'__;,__",_,_",,, " ,_ ,_ __ " _ <__,_. ". o_~ __~ ~"" I, ~-u> "'e ,~ tt ~ ~ ~ 1 ((. ~ t! "-3 W ,-.~.- r ~'_4"- -""'-'1'_ (), ~ h ~ I "<l -<- ~5> g ~ I ~~ J -,"---c ""'" ,,-.;;,,-,..~, -~. . H.. . _1____ o c;::: ..--:: ;:g ~. ;:~- z':;< ----:?r--- s~-' r"- .- ~~1 ?-= :2 mRIli_!l!f~ ~_~ ~llN~:!!( _p , r~~~~~ [j~- .J C) o -'I :) ~j ::?-: """ :.'.:;1 1"-.) (~ c ; 1 =-~, - -.0; Li~ ~~~~ .'-t "1> IJ -< .,...." ~'.'.' :~1 .:,.) \,0 R mTll SHERIFF'S RETURN - REGULAR CASE NO: 2001-01595 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUJANAC PATRICIA ET AL VS TROSTLE JASON L DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TROSTLE JASON L the DEFENDANT , at 0019:45 HOURS, on the 29th day of March 2001 at 609 16TH ST NEW CUMBERLAND, PA 17070 by handing to JASON L. TROSTLE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So Answers: r'~L-t:~( R. Thomas Kline 03/30/2001 ANGINO & ROVNER Sworn and Subscribed to before By: ~~.~ Deputy Sheriff me this // f:5:: day of ()f-'-':P :Leo! A.D. CIv, C. 1h.J1,",-" A()d:: rothonotary , . T7 ,~Sj!3,~ ~. I !'"-\ ,." " ~ John R. Ninosky, Esquire 1. D. #78000 GOLPBERG, KATZMAN & SHIPMAN, P. C . 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-1595 CIVIL TERM JASON L. TROSTLE, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant, Jason L. Trostle, in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~~;6E; ~ /1010) By Si!41 rz ^)J~J~ Joh . Ninosky, Esq re Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant - - ,> J"'~'^ ','C". ",,_. ,,'-~,r, -. !,-_~,~_., .0,,,_":,0_,, .< , -'.' /,1'-1' ,.,. - 'C"" , _ ,-,_, ,_~ '_' _ ," "' ,_, I" . . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on April 10, 2001: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By 5lIp ~ I\JLIA~ Joh R. 'Ninosky, Es ire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant Leamer 61392,1 :~^-;""'C0",. '-"""-"",, "_, o=-,,"'""_..,_!""'....\C~,='!P",,___"~ '-._, -- ,-~I,--.-'--, "".c.", ", l ~ ~___ 0'" "'. - ~-~ '" -~ I' ,. '_ ,.,''" "'_"'_'~' 'X ,"'"', _-i'.;.."~,, "",-__~v", _ ~,_. ~~h' ,~ . o r,: (;J ;', ::'-J -i, ,.~- _~ _~_"'." ,-_"PM~.. .__~ ,c', ",~,"_, __,~~~~,_"",_.,~~~IBi-_ o~ -J,,~,1 co, ,"'.) L_ ..c:., cr; , " John R. Ninosky, Esquire I.D. #: 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-1595 CIVIL TERM JASON L. TROSTLE, Defendant JURY TRIAL DEMANDED NOTICE TO THE PLAINTIFFS: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: if/p%l 61833.1 BYJOh~ ~~~qUire I.D. #: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant I"~-L;.,_. t... """-J~_"1"_"''''''-,_''..~,~,~", "___~"~ 0_ -"',''''I_.'"O-~~',_,. " 'N' ___~._h,'__~'_~ .~.. ".". ." .I John R. Ninosky, Esquire I. D. #78000 GOLDBERG, KATZMAN & SHIPMAN, P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-1595 CIVIL TERM JASON L. TROSTLE, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Jason L. Trostle, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendant, Jason Trostle, is an adult citizen of the Commonwealth of Pennsylvania. The remainder of this allegation is denied. By way of further response, Mr. Trostle currently resides at 516 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Admitted. M~l, ~ ,_ '""", " ., ... _,y--,.." _^, ,_ " ,-"oX, _. '-''",> _ ',-b. ~, _,"'~-^_'r_M''''<' ..~ ,_~~. _ cO._ _~~ _,>>,_,'" b.-"",^_ " ,--~ .-- -=.- ~ -~ .~-,,' 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied that Mr. Trostle was traveling faster than the posted speed limit of 25 mph. 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 11. Paragraph 11, including subparagraphs (a) through (g), are denied pursuant to Pa. R.C.P. 1029(e). CLAIM I PATRICIA LUJANAC v. JASON TROSTLE 12. The answers contained in Paragraphs 1 through 11 of Defendant's Answer with New Matter are incorporated herein by reference as if fully set forth at length. 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 2 " _ ,_ o_~,,,"""__~_'__'~"<_ _ . ",__c.__,_ _ ~~"~"",",_+'",,,, ". ~"""'_~_ ,,___ ~"~,m~___" ,;-. ----,- 15. Denied.. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . 16. Denied.. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . 17. Denied.. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . 18. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e) . WHEREFORE, Defendant, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in Defendant's favor. CLAIM II PAUL LUJANAC v. JASON TROSTLE 19. The answers contained in Paragraphs 1 through 18 of Defendant's Answer with New Matter are incorporated herein by reference as if fully set forth at length. 20. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in Defendant's favor. 3 ~ '~""',. ,'0 ~.__M" '~'.. ",.c,~, , ~, .~ ,,__"~~ '___'."'.. "'__~_~ _, __~." - '_n.' "~,, _ ~~ NEW MATTER 21. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 22. This action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. s1701, et ~. 23. That Plaintiffs' claims may be limited or barred by the "limited tort" option pursuant to 75 Pa. C.S.A. s1705, et seo. 24. That the accident and any injuries sustained by the Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 25. That if it should found that there was any negligence on the part of Defendant Trostle, which negligence is expressly denied, any such negligence was not a proximate cause of any damages alleged by the Plaintiffs. 26. The accident, and any resulting injuries, were caused in whole or in part by an Act of God, or by forces beyond the control of Defendant Trostle. 27. The alleged accident was unavoidable. 28. The accident may have been caused by a sudden emergency. 4 ;,,; "--^"_~"":2~_'''~_'' - ,<~",_,,_~',_-'_" .,,-~n_~"'I_',~ '_~'~_~".;.,_"'_ o_~.",,_~_ '0' .<."'- " ~ - ., e"' ,~ " ,-. , --~- c"" ) 29. That if the Plaintiffs suffered the alleged injuries, those injuries were caused in whole or in part by the negligence of the Plaintiffs and to recover in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 30. This action may be barred by the Statute of Limitations. WHEREFORE, Defendant, respectfully requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in Defendant's favor. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 61833.1 By fir. "A),u~ John . Ninosky, E uire I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 5 Ii'; 'VT"'-_=_'.__~V'''~''-_ '"^,--"'~ "," '1~""";l-.-~_-,,.~ ,-,.,_~,",,,~,_~"___,,,_, '_~ , oL .", ~~,. , -~ _',N" _ .! VERIFICATION I, Jason L. Trostle, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4904. DATE: 60238.1 ~ '--"'-;;.e':;r;c'_~"\-_-~_~ '. " ,.",' 'eo - ^',,, .""'-" 1----,- --." - --I _.""'___C .. .,- _ -"'_'~'_'__~._n ~_"H,"_~ __,-,,~ '. - "_ , --~-~'" - , --' ~ ~1 . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on April 20, 2001: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~;erJJM~ Joh R. Ninosky, squire Attorney I.D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant Leamer 61631.1 c~, c -, - . '>;~~~""'" _""" ,_",.,", "",'. _ ,_" _~", ''C, _, 'MM ". _ m~ r "1",_",,, ___", c "___ 'j- ." n, " ~~ -. ~ ,,_. "-"-"~ ,.~ - '~~ I "3 ;.'<t' ,-,' ~ _ ,", _ ,-"""'~ 0,',"," """-'.0 "k_ ... ..,-~~!I!j,~~~- ,,"-"_'" , _"':'" ','C-R",' "~_ _~ ,<' ~ -,' !<.'- - ',.,"_ ~--_",,_;__d ""'--~.~ iIIlliITInL.. \ 0 a 0 C -n: $: :0- ~-~ ""tJOJ -0 ffi ;D rrtg:J ;;0 z~ N --(Jf"i:): -OC...' &5.., W t)fl.~ :OS""'- ~1".~ r:' 0 "~-::J ?fi'-' ;<::: ~11 ~o ::..: ~-otC:) 0 ".-rn C w ~ Z N ~ :<! (JI -< ~:'!"\~- ',' , ~~"_!i,,_!!'!!'Jf!~ ~----"'---,> "" ~. .. " PATRICIA LUJANAC and PAUL L. LUJANAC Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. 01-1595 JASON L. TROSTLE Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as foliows: 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs complaint fails to set forth a cause of action upon which relief can be granted. To the contrary, Plaintiff s Complaint specifically and sufficiently pleads a cause of action for negligence in the operation of a motor vehicle against the Defendant. 22. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is admitted that the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 PaC.SA ~ 1701 et. seq. would be applicable to the motor vehicle accident which gave rise to Plaintiffs' claim. 23. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' claims are barred or limited by the application of the limited tort option pursuant to 75 Pa.C.S.A. ~1705 et. sea. To the extent that a further response may be deemed proper, it is averred that Plaintiff Patricia Lujanac's injuries resulted in a serious impainnent of bodily function resulting in functional deficits in her normal daily activities for which she may seek to recover. 230251.1\MEK\MMM ~~.k., ," _ """~'*'i:;""",'""'r,'O'-~' .'-"".' . - -~. ~ , ..: .,.,. 1""'_' "f .'/: '''' n -r-- '- "-" _,1'~" , ,", _ "~" . - ,".. ,~, ,'P,_ - -~ ~ ?"~'" -, 24. This averment is a conclusory statement unsupported by any factual statements. To the extent that a further response may be deemed appropriate, it is specifically denied that the accident or any of Plaintiff s injuries were caused in whole or in part by any alleged negligence of an unidentified persons or entities. To the contrary, it is averred that all of Plaintiffs injuries and the motor vehicle accident were caused by the negligent conduct of the Defendant as set forth in Plaintiffs' Complaint. 25. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed appropriate, it is specifically denied that Defendant Trostle's negligence as set forth in Plaintiffs' Complaint was not the direct and proximate cause of the injuries and damages sustained by the Plaintiffs. To the contrary, it is averred that Plaintiff Patricia and Paul Lujanac's injuries were the direct and proximate result of the Defendant's negligence as set forth in the Plaintiff s Complaint. 26. Denied. This averment is a conclusory statement unsupported by any factual statements and therefore no further response is required. To the extent that a further response may he deemed appropriate, it is specifically denied that the accident resulting in Plaintiffs injuries was in any way an act of God or beyond the forces of control of the Defendant Trostle. To the contrary, it is averred that the accident occurred as a result of the negligent conduct of Defendant Trostle in operating his motor vehicle as set forth in Plaintiffs' Complaint. 27. Denied. This averment is a conclusory statement unsupported by any factual statements and therefore no further response is required. To the extent that a further response may ,.J , be deemed appropriate, it is specifically denied that the accident resulting in Plaintiffs injuries was in any way an unavoidable accident. To the contrary, it is averred that the accident occurred as a 2302SLl\MEKIMMM i,-,:]: '- ~-. ""' ~. . < ,., '" _'I -', ~- .. ,--'_0' , """" result of the negligent conduct of Defendant Trostle in operating his motor vehicle as set forth in Plaintiffs' Complaint. 28. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the sudden emergency doctrine is in any way applicable to the facts giving rise to Plaintiffs' cause of action. To the contrary, it is averred that the accident occurred as a result of the negligent conduct of Defendant Trostle in operating his motor vehicle as set forth in Plaintiffs' Complaint. 29. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Patricia Lujanac or Paul L. Lujanac were negligent in any manner in the happening of the accident. Plaintiff Patricia Lujanac was a right front seat passenger in her husband's car and therefore was not capable of any negligent conduct. Plaintiff Paul L. Lujanac was driving his vehicle in a safe and prudent manner and had control over his vehicle until the Defendant crossed over the center line striking his vehicle and forcing it to the curb. It is specifically denied that either Plaintiff Paul L. or Patricia Lujanac were negligent in any manner upon the cause of action stated in Plaintiffs' Complaint. Therefore, it is denied that the Pennsylvania Comparative Negligence Act is in any way applicable to their claim. 30. This averment is a conculsion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' claims were barred by the statute of limitations. Plaintiffs' claims arose out of a motor vehicle accident on April 11, 1999 with Plaintiffs' Complaint being filed on March 20, 2001 and served on the Defendant well within the two-year statute oflimitations. 23025Ll\MEKIMMM ~,,- ~ ,- ~ .. ," " C" >_ .~ WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in favor of Plaintiffs and against Defendant. lChae E. Kosik, Esquire J.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 5/2/01 [::- 230251.1 \MEK\MMM ~i;J._~__~_ _ <~__".~ .< "_"_~,,_,,' _, .,_.,_ o. _, _,'_0.1 o__._",~~,_ ., - . -~ ~- ~" -,. VERIFICATION I, PAUL L. LUJANAC, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ 71542/PJM o;',,!< _.'_'~ ,'<.., ~.~..,~_.,,= _'.'.", ,_ ,,_.~, ,''''''' . .~ . _,,"~_, ,d, ._~_._ ~- ".- -,- --- , VERIFICATION I, PATRICIA LUJANAC, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: 1&J~ 7h7Jt/l~ \:t:-l:.", V ~~e/ PATRICIAL J 71542/PJM {-{1i,0 ~, 'I ,. ""__~,,,,,,",,_.~,., ~-~"'-,,""" ^. c,~;. "c' v I. w. '''" _ _ ~" ,~~_,_. - . . CERTIFICATE OF SERVICE AND NOW, this 2nd day of May, 2001, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 J.D. No: 78000 Attorney for Defendants ~ '~Jn~~ Michelle M. Miloje . h 230251.1 \MEK\MMM ;~ - ^ ,- , "."-", ~ -~-~= - ~ . --".~' , . - [4 . ~ ^ ~~ ~^.. ',",' ',- ,."'<,-"~ -,-, ,,-, ~LR ,",-,'''' ~," "~ o C :?;, -ot;.:.1 r11rr: Z_'."J:~. 2':!~' ~:~~ ~l.:::) :E;.O 5~ ":'1 -<. ~_,I__ ~,"""'!'!'l",_",,!.,'1~~~ .' ... II ':J ~:,. ~ ...." . , o ., I 1'0 .- ~ - L , t:-) (L~ ~~~ :~~ C:jn'1 > -r. :::<. .~'"" ., -..2.,. C2 i'" ,0 ,,~t.!j!Il!~~~~~ .~_q_1 " , < CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF. COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, \ -vs- CASE NO: 01-1595 JASON L. TROSTLE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedt (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. lf o,f DATE: 06/26/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261442 6244 7 - L 0 1. J I - , , ~ _.......'- . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO, 01-1595 JASON L. TROSTLE NOTICE OF IN'!'lnft' TO SERVE A SUBPOBNA TO PRODUCE. DOCUlmN'.rS AND THINGS FOR DISCOVERY PURSlJAN'rTO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL WEST SHORE FAMILY PRACTICE GREER HILL FAMILY HEALTH cn HEALTHSOUTB MEDICAL X-RAY ONLY MEDICAL RECORDS Ii nAYS MEDICAL RECORDS Ii nAYS MEDICAL RECORDS Ii nAYS TO: MICHAEL E. KOSIK, ESQUIRE MCS on behalf of JOBH R. HINOSltY, ESQUIRE intends to serve a SUbpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/0612001 MCS on behalf of .JOBH R. HINOSltY, ESQUIRE Attorney for DEPENDANT CC: .JOBH R. 1fiROSltY, ESQUIRE - 22140-109) Any questions regarding this matter, contact THE MCS GROUP mc. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155127 62447-COl ~-,~ '~T" "_ ~-~ ~. " COMMO~"WEAL TH OF PENNSY1. VANIA COUNTY OF CUMBERLA..':O PATRICIA LUJANAC & PAUL L.LIJANAC VS File So. 01-1 ~q~ JASON L.TROSTLE SUBPOENA TO PRODUCE DOCUMTh-rS OR THINGS FOR DISCOVERY PURSUA.1'I.o-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOPSITAL (S..m. o( Pe~on or E:uirr) 1r\Oithin t"Ne~' (::0) d4YS after se.t"\'ice of this su.bpoena, you ut. ordered by the court to produce the following documenu Of 'hinss: SEE ATTACHED MCS GROUP INC.,1601 MARKET ST., #800, PHILA.,PA 19103 it {."dcltnll You m.y dein'" or mail legible copies of the dCKuments or produce Ihin9 requesled by this subpoena. tosother with the cortifiwo ai compli.nc.. 10 Ihe pany making Ihis roquest'l the .ddress listed ..bon. You h.1volho risht to ,eek. in ad"an... th. "'..on.bl. cosl of preparing Ihe copi.. or producing Ihe Ihings -.gIIl. If you fail to ?"oduce the dCKumenls or Ihings required by this subpoe..... within twenty (~) c!a~.s ailer its 'e,,',co. ,ho party ",,'inS this '~"poen. m.y seek. court order compelling you to comply with i"_ THIS ST..~POENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON: :\"AME: JOHN R. NINO SKY , ESQ. ADDRESS: 120 MARIn:T ST.. PO BX 1268 HARRISBURG, PA 17108 TEtEPHO:'\:: 71,-741\-0'100 Sr.;PRE.\fE COliRT ID I: A1IOR.'..:Y FOR: DEFENDANT B Ivi.ion DATE: ..... h.JL'\C ~, :Jflrl,1 '----- Seal of the Court 0'; .. '0, .. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, P A 17011 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITED TO REPORTSIRECORDS, HOSPITAL RECORDS, EMERGENCE ROOM RECORDS, PHYSICAL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security #: 201-52-8390 Date of Birth: 03-02-1930 SU10-309398 62. 4 4 7 - La].. 'r!~, ,,,,,~",,~ " ,,'-.,' ,-. . ".1 --, , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF ,. COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certif ies 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 ha. beeu received, and (4) The subpoena which will be .erred i. identical to the subpoena which is attached to the notice of intent to serve the subpoena. HCS on behalf of DATE: 06/26/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-26l443 62447 -L02 pq - "~ " - ,. ~,-~ .~ <'-'.. "I"~I, - I ,- ~ ." COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA LU,)'ANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE NOTICE OP INTBN'r TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS POR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL WEST SHORE FAMILY PRACTICE GREER HILL FAMILY IlEALTB CTR IlEALTBSOUTB MEDICAL X-RAY ONLY MEDICAL RECOllDS , DAYS MEDICAL RECOllDS ,DAYS MEDICAL RECOllDS , DAYS TO. MICHAEL E. KOSIK, ESQUIRE KCS on behalf of JOHN R. IIINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to thb notice. You have twenty (20) days from the date listed below in which to fUe of record and serve upon the undersigned an objection to the subpoeaa. If the twenty day notice period is waived or if no objection is ~de. theD the subpoena ~y be served. Complete copies of any reproduced records ~y be ordered at your ezpense by completing the attached counsel card and returniDa ._ to KCS or by contacting our local KCS office. DATE: 06/06/2001 KCS on behalf of JOHN R. IIINOSKY. ESQUIRE Attorney for ))EJ.lEHDAIIT CC: JOHN R. NDfOSKY, ESQUIRE - 22140-1"' Any questions regarding this ~tter. cOIltact TIIB KCS GROUP mc. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 ))E02-155127 62447 -CO 1 '""",-__,,~,<~L __ _>,,_ f,' < ','-" COMMO/'li~At TH OF PENNSYLVANIA . COUNTY OF CUMBERL-\..'-:O PATRICIA LUJANAC & PAUL L.LIJANAC VS FiI.So. nl-l'iq'i JASON L.TROSTLE SUBPOENA TO PRODUCE OOCUMD.-rS OR. THt:-JGS FOR DISCOVERY PUR.SUA..".;TTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOPSITAL (S.m. of P.non or E:ui'!'t .....ithin lW'~' 1:0) days Ut.r ..rvi<e of this subpoelUl. you ore ordered b!" tho COUrt to produce the following documents or things: SEE ATTACHED MCS GROUP INC. ,1601 MARKET ST., #800, PHlLA.,FA 19103 Jl (.~dclrft.1 You may deih-... or mail legible copies of the documentt or produce thlnp feC!aested by this subpoena. together with the ce"lfintt 0; .ompliance. to the p.",. making this request at tho adc!res listed ~bove. YOII h.1n the right to se.k. in od\"."ce. the ,..sonable cost of preparing the copies or producing the thinp -Sltt. If you fail to ?,oduce tho docllments or things requir" by this sub~ wiUo.iA twenty (20) da~'s aft.r its ",,'ice. the pony ",,'ing this su~poena may seek a court order .0mp.lli"S you .. comply with it.. THIS St"BPOENA WAS ISSUED AT THE REQl."EST Of TIlE FOLLOWING PERSON: :-;AME: JOHN R. NINO SKY >' ESQ. ADDRESS: 320 MARKET ST.. PO BX 1268 HARRISBURG, PA 17108 TEtEPHOS!: 71 'i-?t./i-OqOO SlJPREME COtJ1tT 10 lh ....rrO/l"\EY FOR: DEFENDANT DATE: _ t./.I.'\~ -<I, :J "'"II '~~'"2~ PI"D'lI.notarylOorIl. vi.i.. aO/M" . P ~.oA'~Jr 'ry - SuI of the Court (~ff i/971 \-'i"~~ _ .. r' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, . CAMP HILL, PA 17011 RE: 62447 PATRICIA V. LUJANAC INCLUDING X-RAY REPORTS, MRI REPORTS. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security #: 201-52-8390 Date of Birth: 03-02-1930 SU10-309400 62447 -L02 1flFfif.. ~-,- . . 'k-':>'"" _ F""'C<. - ,._, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF~ COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/26/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261444 62447 -LO 3 n~ . ,"~ + COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA, LU-lANAc AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE NOTICE OF INTEN'r TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL WEST SHORE FAMILY PBACTICE GREEN HILL FAMILY HEALTH CTII. HEALTHSOUTH MEDICAL X-RAY ONLY MEDICAL RECOmS , XRAYS MEDICAL RECOmS , XRAYS MEDICAL RECORDS , XRAYS TO: MICHAEL E. KOSU, ESQUIRE MCS on behalf of JOD R. HIHOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in whicb to file of record and serve upon the undersigned an objection to the subpoena. If tbe twenty day notice period is waived or if no objection is made, tbea the subpoena may be served. Complete copies of any reproduced records may be ordenJ4 at your expense by completing the attached counsel card and returniDa .... to MCS or by contacting our local MCS office. DATE: 06/06/2001 MCS on behalf of .rOD R. NINOSKY, ESQUIRE AttoDley for DEFEHDA1I'r CC: JOD R. JIIIJIOSKY, ESQUIRE - 12740-1~' Any questions regarding this matter, cODtact THE MCS GROUP IRC. 1601 MAUET STREET laoo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155127 62447 -co ~ '-"1' ~ ,.. =~-~ c"" c COMMONWEALTH OF PENNSYLVANIA COU~TY OF CUMBERL-\..'iD PATRICIA LUJANAC & PAUL L.LIJANAC VS File So. 01-1 ~q~ JASON L.TROSTLE SUBPOENA TO PRODUCE DOCUM~"S OR THl~GS FOR DISCOVERY PURSUA..1\,. TO RULE 4009.12 TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE (Sam. of Penon or Ezu::irn Within lW'~' (~I dlYs Ut.r service of this .ubpoelU, you iIle ordered by the court to produce the following docum.nts or things: SEE ATTACHED , ., MCS GROUP INC. ,1601 MARKET ST., #800, PHILA.,PA 19103 (AO_I' You may d.ih'er or maill'gible copies of the documents or produce thinp requested by this subpoena. togolher with the ,0rtifiCllo ai ,omplilnc.. to the puty mAking this request It the Iddreu listed lbov.. You h.... the righl to 50.1<. in .dunc.. th. :"fuonlbl. cost of pr.p,,"ng the copi.. or producing the th.inp _gilt. If you fail Ie "oduc. the documents or thinprequired by this subpoena. wit!'Jn twenty (20) ClYs .:t.r ill ,.".".. ,ho pury ""'ing this ,,:.poena may seek a court order compelling you to comply with it. THIS St"BPOENA WAS ISSUED AT THE REQUESTOFmEFOLLOWlNG PERSON: ~AME: JOHN R. NINOSKY, ESQ. ADDRESS: 110 MARICET flT.. PO BX 1268 HARRISBURG, PA 17108 TEtEPHOS!: 11 ~-?l.Ii-OQOO Sl:PRE.'ofE COUIlT ID t: A ITOR."E't' FOR: DEFENDANT DATE: ..... J'.l10 -4 HX:l1 . SuI of the Court -:::. - ;- -"' ' UII EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WEST SHORE FAMILY PRACTICE 550 N. 12TH ST.. . LEMOYNE, PA 17043 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITEDTO DOCTOR REPORTS, X-RAY REPORTS, MRI REPORTS, HOSPITAL RECORDS, EMERGENCY ROOM RECORDS, PHYSICAL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENTVIEW TERRANCE, NEW CUMBERLAND, PA 17070 Sodal Security #: 201-52-8390 Date of Birth: 03-02-1930 SUlO-309402 62447-L03 #- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN TlIE MATTER OF:. COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE As a prerequisite to service of a subpoena for documents'and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINO SKY , ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/26/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261445 62447 - LO 4 -il'_~ ,~ . c,_' . ~~. . <". '" "' - ,- ~, - " ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA LU.)'ANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE NO'l'ICE OF IN'JlENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL WES! SHORB FAMILY PRACTICE GRBEHHILL FAMILY HEALTH cn HEALTHSOUTH MEDICAL X-RAY ONLY MEDICAL RBCORDS (, nAYS MEDICAL RECORDS (, nAYS MEDICAL RECORDS (, nAYS TO: MICHAEL E. KOSIK, ESQUIllE MCS on behalf of JOHN R. NIlfOSKY. ESQUIRB 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 undE!rsigned an objection to the subpoena. If the twenty day notice period is wai"ll"ed 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 KeS or by contacting our local KeS office. DATE: 06/06/2001 KeS on behalf of JOHN R. NINOSKY. ESQUIRB Attorney for DEFENDANT CC: JOHN R. NINOSKY, ESQUIRB - 22140-109' Any questions regarding this matter, contact 'l'HB KeS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-155127 62447-COl ;Alr.!.,."...~ , '" < I t- ',~ ._,. , , " ~~~-,~ COMMOl'lWEAL TH OF PENNSYLVANIA . COU~TY OF CUMBERlA..':O PATR!CIA LUJANAC & PAUL L.LIJANAC VS File So. 01-1 <;9<; JASON L.TROSTLE SUBPOENA TO PRODUCE DOCUM~-rS OR THI:-.IGS FOR DISCOVERY PURSUA..",-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GREEN HILL FAMILY HEALTH CENTER (S...me of P.non or EndJ!) Within rwo~'I20) days aftor s.".it. of this subp.,..... you are ordl!1'ed by the court to ploduceth. following documonts or things: SEE ATTACHED MCS GROUP INC.,1601 MARKET ST., 11800, PHlLA.,PA 19103 It '''''-I Yo" m.y d.U-'or or maillogibl. copies of the documttltl or produce thiftp requested by thissubp.,..... togother with th. c.rTificat. 0: compli.nc., to th. party making this request at the a4dnu listed above. You h.... the right to ..ok. in .d'.....c.. the ,"uon.bl. co-' of pr.paring the copi., or produd"l the thinp _!ilL If ~'ou failte ~oduco the documents or things requi,ed .." thi....1tpoen.a. wit.'Un twenty (:!Il) cays after its ..rvice. tho patty ",,'ing ';us "'.poona may s..k a court order comp.IIi"1 ~ to co..ply with it. THIS St"BPOENA WAS ISSUED ATTIiE REQt..'E5TOFlHE FOLLOWING PERSON: ~AME: JOHN R. NINOSKY, ESQ. ADDRESS: 120 MARKET ST.. PO BX 1268 HARRISBURG, PA 17108 TEtEPHOS:: 71 <;-?t.E;-OClOO St:I'REME COt/1lT 10 I: ATTOR.'\E''!'FOR: DEFENDANT B D....TE: ...... )'1..1 )9 1-./ ;;).fl 0 / , "--- PrwthOftOlalyJQ..... . i.i.i.. afM1 .P.~y~~ Seal of the Court :~~f i (971 ; "'i!C"!"""""'_'''_, lll!r '--T' I h' h.. ~ T ~--]!; EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREEN HILL FAMILY HEALTH CTR 503 BRIDGE STREET NEW CUMBERLAND, PA 17070 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITED TO DOCTORS' REPORTS/RECORDS, X-RAY REPORTS, MRI REPORTS, HOSPITAL RECORDS, EMERGENCY ROOM RECORDS, PHYSICL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENTVIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security #: 201-52-8390 Date of Birth: 03-02-1930 SUIO-309404 62447 - LO 4 "'f"f,""",""''-'''''''''~,^, ~~ ~,' _ " c , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF> COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. HCS on behalf of DATE: 06/26/2001 JOHN R. NINOSKY, ESQUIRE Attorney for DEFENDANT DEll-261446 62447 -LOS ,.- COMMONWEALTH OF P~NNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL WEST SHORE FAMILY PRACTICE GREEN HILL FAMILY HEALTH CTR HEALTHSOUTH MEDICAL X-RAY ONLY MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: KlCHAEL E. KOSIK, ESQUIRE KCS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/06/2001 KCS on behalf of JOHN R. I!IINOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. I!III!IOSKY, ESQUIRE - 22740-1093 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-155127 62447 -CO ~ 'i' ' COMMONWEAL THOF PENNSYLVANIA COU~TY OF CUMBERL~'iD PATRICIA LUJANAC So PAUL L.LIJANAC VS File So. nl-l'iQ'i JASON L.TROSTLE SUBPOENA TO PRODUCE DOctJME>,.,.s OR THl:-lGS FOR DISCOVERY PURSUA."'" TO RULE 4009..22 TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUND REHABILITATION CENTER (S.me of Penon or :naty) .....ithin rw.~' (:!Ol day. after Sfr\'ice of this subpoena. you ue orderlOd by the COlIn 10 produce th. following docum.nts or 'hings: SEE ATTACHED .. . al MCS GROUP INC.,160l MARKET ST.. 1/800, PHILA..PA 19103 IAd_.. You may deii"". 0. maill.gible copies of the documents 0. produce t/Wlp ~"",ed by thi. .ubpoena. tog.ther with the .erTificate '" compliance. to the party maJcjng this request at the addnss UsIlOd above. You have the right to se.k, in adnnc.. the ,"uonable cost of preparing the copies or producing the thinp -SIlL If you fail to ?,oduce the documents or things required by this subpoena. witto..m twenty (:!OJ da~'s ailer its se,,'i.e, lh. patty Sf,,'ing this ,u~poena may ....k . court o.der compelling you to comply with it.. THIS SLllPOENA WAS ISSUED AT THE REQUEST OFniE FOLLOWING PERSON: ~AME: JOHN R. NINO SKY , ESQ. .....DDRESS: 120 MARKET ST.. PO BX 1268 HARRISBURG, PA 17108 TELEPHOSF: 11 'i-nl\-OQOO S1,;PRE.\fE COURT ID t: ArrOR.'\'E'Y FOR: DEFENDANT DATE: .J /.)0-10 ~_ 4, :Loa I BY~C~U.RT:J2.. ~ ./ AJ Prathotl....,,/CIorIr. Civ' . ion ~~ " j) ~AJ~~r- ---- Seal of the Court =ff i/9~ M'l"_I'II"'~, "' -,-- ,., ,., , ." ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH . 503 BRIDGE ST.. . NEW CUMBERLAND, PA 17070 RE: 62447 PATRICIA V. LUJANAC INCLUDING BUT NOT LIMITED TO DOCTORS' REPORTS/RECORDS, X-RAY REPORTS, MRI REPORTS, HOSPITAL RECORDS, EMERGENCY ROOM RECORDS, PHYSICAL THERAPY REPORTS/RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PATRICIA V. LUJANAC 97 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security II: 201-52-8390 Date of Birth: 03-02-1930 SUlO-309406 62447-LOS ,'- Jl~, ,~ . , "'~ _, _,n: ~.-~ , ok",- .~ ,,,. ,~_.> .~"~,~,,, ,"" "LC. <'"cr~b'wijs.;YY811~"''''-t;';-';V''''Yli;'(~'''~ffin- 'a"Ir:r~_"1tlll1f"(r:"illv,~T~"hJfj'~l' 1::.1 n-_ (_:') , !::':'-- i:: _~ -:,.~ \. . ,,---::::;r" .J>S~ --', -< :-',) t...~" -:.--; ~ -~~ "=~_ ~li ....., l,.~~I'!!Ii!!lm!W<l~~~W#wl'"""l;'1J'"i'N'ji"t",q<M1"1i"W\"1fI'8mmll$jlf!'JWt.,~~~"I!~fliIW~"",;IJ~!l~~~~lVi , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN R. NINOSKY, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/04/2001 DEll-277297 62447-L06 ,~,,~"'-~' , ~ --~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PATRICIA LUJANAC AND PAUL L. LUJANAC TERM, -VS- CASE NO: 01-1595 JASON L. TROSTLE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PHYSICIAN OF REHAB. MEDICAL TO: MICHAEL E. KOSIK, ESQUIRE KCS on behalf of JOHN R. NINOSKY, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 08/14/2001 MCS on behalf of JOHN R. I!IINOSKY, ESQUIRE Attorney for DEFENDANT CC: JOHN R. NINOSKY, ESQUIRE - 22740-1093 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-1621.58 62447-COl ~j!w.;?~~ I! 'I. ~ COMMO~ TH OF PENNSYLVANIA COUNTY OF CUMBERL~'iD PATRICIA LUJANAC & PAUL LUJANAC VS File So. 01-1595 JASON L. TROSTLE SUBPOENA TO PRODUCE DOCUME'o."S OR THI::--IGS FOR DISCOVERY PURSUA."" TO RULE 4009.22 TO: CUSTODIAN OF RECORD FOR: PHYSICIANS REHAB. ,INDUSTRIAL & SPORTS MEDICINE,P.C. (S.l.me of P~non or E:u:ity) Within l'W'~' 1::0) d.ys oil.. s.:vi<. of this subpOl!lIO. you ore ord..~ by the <aurt to produ<e the followins do<um.nts or 'hinss: SRR A1'1'AC:HRD ., MC:S GROUP INC.. 1601 MARKET ST., #800, PHILA.,PA 19103 I AddreOl' You m.y d.in.... or moil I.gible <opies of the dO<llmenlS or produ<e thinp requested by this sUbpOl!na.logether with the certifiu.. a! romplian<e. to the pony making this request ot the .ddress 1ist~ above. You ha... th. risht to s..k. in .d,''''ce. th. ~..on.ble <ost of preparing the <opies or produdng the thinp _ghl. 1f you foil Ie ;r.cdu<. the do<uments or things required by lhis subpoena. witto.in twenty (::0) "ays oiter ilS se,,'ice. th. pony ",,'inS this '''~poen. may seek a <ourt order <ompellins you to <omply with;o_ THIS SLlIPOENA WAS ISSUED AT THE REQUEST OF mE FOLLOWING PERSON: :\ "ME: ADDRESS: .TOHN R. NINO SKY . ESO. 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TElEPHOS:: 215-246-0900 ST.;PREME COURT 10 ,: AITOR.'\E't. FOR: DRFRNDAN1' DATE: fJu9 It) I ;;) t'VJ I Seal of the Court (Sff. i /97) '~ ~. T. ..., ~ . EXPlANATION OF REQUIRED RECORDS TO: CUSTODiAN OF RECORDS FOR: PHYSICIAN OF REHAB. 175 LANCASTER BLVD. P.O. BOX 2028 MECHANICSBURG, PA 17055 RE: 62447 PATRICIA V. LUJANAC INCLUDING XRAY REPORTS, MRI REPORTS, HOSPITAL RECORDS/REPORTS, EMERGENCY ROOM RECORDS, PHYSICAL THERAPY REPORTS AND RECORDS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requa;ted: up to and including the present. Subject: PATRICIA V. LUJANAC f)7 PLEASENT VIEW TERRANCE, NEW CUMBERLAND, PA 17070 Social Security #: 201-52-8390 Date of Birth: 03-02-1930 SUlO-323126 62447-L06 'Wi!i'f!W~,~ t_, ,-" .. ~ "",,"-" " " '-,-"=' ,--"-",.,, . ~-'--'-?" .',;.,",,, ,,,,,.,,,,'.'-Z-.A-' '~1b." '''''''"'k'''''-iJlH-;.gJfJfTI'-[j_Mi,,-~-,vriJr~: 'IT' ~'-"('>-"'n """~t{ttC 0ri~-- ~,. (i) ~~.~ \,- ~1~ (~ ).> n c ::;:::"-" '-;;') . " ") " -I) ('1\ --0 1 . -'-1 ; 'i'-~ --,1-il c~ l_l.) -I ~.: ~-;,J ( ", ^- .""""":' ..I"'-'l' ,"~~1~I!Ii\lIll1Ilil~m~,,-""'1~__ ,"""",,,,,tI~~~I'!IIJ!I!!1!~m;;fll'!I)ll'''i'l\Pi9f::'!'1N1c~'''''''''I~-'l'''''V'"1f"",-y--:-~-_,!""",if;H!l'_li@l!tq;;,~Mr,""IW!rr.f"'''lI'';1f!P;f'i!,,'(r:''Wl'f:H,1!~"~~~fi' .~ PATRICIA LUJANAC AND PAUL L. LUJANAC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-1595 CIVIL TERM JASON L. TROSTLE, Defendant JURY TRIAL DEMANDED t, >' ;; ij II 1i 11 ~; f: , ,~~ " f' PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket of this matter, SETTLED AND DISCONTINUED WITH PREJUDICE. l~ I: l' L I i: j,' , r ubmitted, I Michael E. Kosik, Esquire Attorney I.D. No.: 36513 4503 North Front Street Harrisburg, PA 17110-1799 Attorneys for Plaintiffs v, \,' " ; 'I t; ; " Date: if t\ (,:: , , :' t, >, u :,! j-I,: t{'~J' -" --, '1.- -'~.8" ;_,.':""'8'_ '-"":>':7'.""'~ ,'n' "~"" '~', _, '''''I,~.J_'~!!:..'_", ." _ h __.."'.,,~ ".., _'""'<-".'. "I'"""!"~'_' W, ,,, -.,' ,-'..:.-._,"'.,"'^-~"'.~-- ~-,'~. - ~ - . .--~..,= .,.. 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