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HomeMy WebLinkAbout01-04709y JANE L. MIDDAUGH, Plaintiff v. JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION -LAW ORDER AND NOW, TO WIT this ~~~ day of ~ , 2001, upon consideration of the foregoing Stipulation, it is hereby ORDERED and DIRECTED that the word "generally" is stricken from paragraph 11 of Plaintiff's Complaint. In all other respects, Plaintiff's Complaint shall remain as filed. c b'ItV`dP,l,~tSRI'~~~ ._ .. _ _e~t al ~.; ~ '~-E' ~'~ L I ci~i:3 ' `'' ~~,.~ .^,a'r~: ~.. _,_ .. Y JANE L. MIDDAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. v. NO. 01-4709 JOANNA A. VELLIOS, CIVIL ACTION -LAW Defendant JOINT STIPULATION AND NOW, the comes the parties to the above captioned matter: Jane L Middaugh, by and through her attorney W. Scott Henning, Esquire and Joanna A. Vellios, by and through her attorneys, McKissock & Hoffman, P.C., and stipulate as follows: 1. Plaintiff, Jane L. Middaugh commenced the instant action to the above docket number by the filing of a Complaint on August 8, 2001. 2. Plaintiffs Complaint sets forth averments forthe potential recovery of damages for personal injuries allegedly incurred by Jane L. Middaugh resulting from a motor vehicle accident which allegedly occurred on October 31, 2000. 3. Paragraph 11 of Plaintiffs' Complaint sets forth allegations of alleged negligence exhibited by Defendant giving rise to the accident in which Plaintiff was allegedly injured on October 31,2000. 4. Plaintiff and Defendant agree and Stipulate that the word "generally", contained in the introductory sentence to subparagraphs (a) through Q) of paragraph 11 of Plaintiffs Complaint shall be deleted in its entirety. Otherwise, the Complaint shall stand as it is currently set forth. 5. The undersigned hereby stipulate to the entry of an Order which shall strike and dismiss the word "generally"asset forth in paragraph 11 of Plaintiff's Complaint. ~; , „. ~, _. ,._ WHEREFORE, the undersigned hereby acknowledge, agree and stipulate to the foregoing and evidence such by affixing their respective signatures and respectfully request the entry of an Order in accordance with the foregoing Stipulation Respectfully submitted, Date: ~S -- ~ ~ oZ~ W. Scotf.Yiennin ,Esquire Handler, Henn' g & Rosenb g 1300 Lingle town Roa Harrisburg, Penns vania 17 10 Counsel for Plaintiff ~ Date: 9-.t~- 2cmi B. Crai lack, Esquir McKi & Ho n, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Counsel for Defendant ~= ~ ~. :7 i; __ Z J' ... _. _Ul ` 4. r~L: .- y -_ <~3:~' 1 = A ~_ C ~; ~ r ~ _i ~ ~~ ~; .n ~_ w -l cry -< JANE L. MIDDAUGH, Plaintiff v. JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION -LAW NOTICE TO PLEAD TO NEW MATTER To The Within Named Plaintiff: Jane L. Middaugh: You are hereby notified to plead to the enclosed Answer and New Matter pursuant to Pa.R.C.P 1030 within 20 days from service hereof or a default judgment may be entered against you. ANSWER AND NEW MATTER OF DEFENDANT. JOANNA A. VELLIOS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Joanna A. Vellios, by and through her attorneys, McKissock & Hoffman, P.C. and files the following Answer and New Matter to Plaintiffs Complaint: 1. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 1 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in paragraph 3 of Plaintiff s Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 4. Admitted in part, denied in part. It is admitted only that on or about October 31, 2000 at approximately 9:20 p.m., Defendant Joanna Vellios operated a 1992 Toyota Camry which was owned and registered in the names of Athanasios and Efrosing Vellios, which 1992 Toyota Camry bears Pennsylvania registration plate number DBS-1966. Any inference arising from the averments in Paragraph 4 to the effect that Defendant Joanna Vellios was negligent or is liable to Plaintiff is specifically denied. Strict proof, if relevant, is demanded upon the trial of the matter. 5. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 5 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 7 of Plaintiffs Complaint. To the extent that Defendant possess sufficient knowledge to formulate an answer to Paragraph 7 of the Plaintiff's Complaint, Defendant admits only that on October 31, 2000 at approximately 9:20 p.m., Defendant was traveling eastbound on King Street at or about the intersection of King Street and Earl Street and that said- intersection is controlled by a traffic control device. Strict proof, if relevant, is demanded upon the trial of the matter. 8. Admitted in part, denied in part. It is admitted only that on or about October 31, 2000 at approximately 9:20 p.m. a collision occurred between a vehicle being operated by the Defendant and another vehicle operated by a non-party to the present proceedings, whose identity is believed to be a Mr. Jerry Kale. The remaining averments contained in Paragraph 8 of Plaintiffs Complaint constitute conclusions of law, which no responsive pleading is required. Strict proof, if relevant, is demanded upon the trial of the matter. 9. The averments in Paragraph 9 of Plaintiffs Complaint constitute a conclusion of law, which no responsive pleading is required. To the extent that said averments do not constitute a conclusion of law and are fact specific, same are denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 9 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 10. The averments in Paragraph 10 of Plaintiffs Complaint constitute a conclusion of law, which no responsive pleading is required. To the extent that said averments do not constitute a conclusion of law and are fact specific, same are denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments in Paragraph 10 of Plaintiff's Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 11. The averments in Paragraph 11 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute conclusions of law, same are denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, it is denied that Defendant, Joanna Vellios, was any way negligent or that any alleged negligence of Defendant resulted in any injury sustained by the Plaintiff. Strict proof, if relevant, is demanded upon the trial of the matter. 12 - 17. The averments in Paragraphs 12 through 17 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are fact specific and do not constitute a conclusion of law, same are denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments in Paragraphs 12 through 17 of Plaintiffs Complaint. Strict proof, if relevant, is demanded upon the trial of the matter. 18. Denied. After reasonable investigation, Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments contained in Paragraph 18 of Plaintiffs Complaint. Strict proof, if relevant, is demahded upon the trial of the matter. WHEREFORE, Defendant, Joanna A. Vellios, respectfully requests that this Honorable Court enter judgment in her favor, dismiss Plaintiffs Complaint with prejudice, and award such other relief as this Court deems appropriate. NEW MATTER 19. Paragraphs 1 through 18 of Defendants Answer and New Matter are incorporated herein, as if set forth at length. 20. To the extent that facts developed during the course of discovery may implicate, Plaintiffs claims are barred, in whole or in part, by the provisions of Pennsylvania Motor Vehicle Responsibility Law. 21. To the extent that facts developed during the course of discovery may implicate, Plaintiffs injuries and losses, if any, were caused by persons or events outside the control of the Defendant. 22. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred by the doctrine of laches and unclean hands from the relief requested. 23. To the extent that facts developed during the course of discovery may implicate, Plaintiff is barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 P.C.S.A. § 4102. 24. To the extent that facts developed during the course of discovery may implicate, Plaintiff, Jane L. Middaugh, was contributorily negligent and/or assumed the risk of injury. 25. To the extent that facts developed during the course of discovery may implicate, the negligent acts and/or omissions of other individuals or entities constitutes an intervening or superseding cause of the injuries alleged to have been sustained by the Plaintiff. 26. To the extent that facts developed during the course of discovery may implicate, Plaintiffs alleged injuries were caused by the acts and/or omissions of a person or persons other than Defendant. 27. To the extent that facts developed during the course of discovery may implicate, Plaintiff may have already entered into a Release with other individuals or entities which has the effect of discharging any liability of the Defendant. 28. Plaintiffs injuries and/or damages are insufficient as a matter of law to constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. § 1702). Plaintiff is therefore barred from any recovery of non-economic losses. WHEREFORE, Defendant, Joanna A. Vellios respectfully request this Honorable Court to enter a judgment in her favor and against the Plaintiff, Jane L. Middaugh, and dismiss Plaintiffs Complaint with prejudice and further award Defendant all such other relief as is just and proper. Respectfully submitted: McKissock & Hoffman, P.C. By: ~ ' B. Crai ac c, s Attor i .D. No. 36818 Edwin A.D. S'cTiu~drtz; quire Attorney I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 I\ (717) 540-3400 Date: ~ I V Attorneys for Defendant, Joanna A. Vellios VERIFICATION I, Joanna A. Vellios, hereby verifies that the statements in Defendant, Joanna A Vellios' Answer and New Matter to Plaintiffs Complaint are true and correct to the best of my information, knowledge and belief. 1 understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. ~~ nlt ~~~8?J Joanna A. Vellios Dated: , ~' 200 . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter of Defendant, Joanna A. Vellios to Plaintiff's Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) BY: McKissock & Hoffman, P.C. B. Craig k, Esquire Suore urt I.D. No. Edwin A. c wa z, squire Supreme Court I.D. No. 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant Joanna A. Vellios Date: `1 ~1 ~ ,... .. . ~' ~._: 1'•`' __ - G`3. ' i ~~ s C n~ ~~rn W ri .~ JANE L. MIDDAUGH, Plaintiff v. JOANNA A. VELLIOS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant 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, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENNING & ROSENBERG By W. Scott Hen ' g; ~ q. I.D. #3229 1300 Lingles own oad Harrisburg, P 1 11 (717) 238-200 Attorney for Plaintiff EM H/complaints/mva/midd aug h.wpd JANE L. M{DDAUGH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Ol - .~7og l.ic~ ~~,`~~ CIVIL ACTION -LAW JOANNA A. VELLIOS, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jane Middaugh, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and make the within Complaint against the Defendant, Joanna Vellios, as follows: 1. Plaintiff, Jane L. Middaugh, is an adult individual currently residing at 311 Shephard Lane, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant, Joanna A. Vellios, is an adult individual residing at 1750 Ashland Drive, York, York County, Pennsylvania, 17404. 3. At all times material hereto, Plaintiff, Jane L. Middaugh, was a passenger in a 1993 Ford Taurus owned by Evelyn Kyle, operated by Jerry Kyle, and bearing Pennsylvania Registration Plate Number DBC 7764 (hereinafter "Plaintiffs vehicle"). 4. At all times material hereto, Defendant, Joanna A. Vellios, was the operator of a 1992 Toyota Camry, owned by Athanasios & Efrosing Vellios, and bearing the Pennsylvania Registration Plate Number DBS 1966 (hereinafter "Defendant's vehicle"). 3. On or about October 31, 2000, at approximately 9:20 p.m., Plaintiff, Jane Middaugh, was traveling southbound on Earl Street in Shippensburg Borough, Cumberland County, approaching the intersection with King Street. 6. On or about October 31, 2000, at approximately 9:20 p.m. Defendant, Joanna A. Vellios, was traveling eastbound on King Street in Shippensburg Borough, Cumberland County, approaching the intersection with Earl Street. 7. On or about October 31, 2000, at approximately 9:20 p.m., the traffic control signal light was green for Plaintiff and those others traveling southbound on Earl Street. The same traffic control signal light was red for Defendant and those traveling eastbound on King Street. 8. At approximately that same time and place, Defendant's vehicle disregarded a red-light and entered Earl Street from King Street, thereby passing into the path of Plaintiffs vehicle causing a collision between the two vehicles. 9. At all times material hereto, Plaintiff, Jane L. Middaugh, was not a named insured under any policy of motor vehicle insurance, and did not reside with a relative who was insured under a motor vehicle insurance policy at the time of the collision, thus she would be considered to have full tort insurance coverage. 10. As a direct and proximate result, of the negligence of Defendant, Joanna A. Vellios, Plaintiff, Jane L. Middaugh, sustained serious and permanent personal injuries that have required continuing medical treatment. 11. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Jane L. Middaugh, are the direct and proximate result of negligence, 2 carelessness, and/or recklessness ofthe Defendant, Joanna A. Vellios, generally and more specifically as set forth below: (a) 1n failing to be reasonably vigilant to observe the position of Plaintiff s vehicle on the roadway; (b) In failing to observe the steady red indication of a traffic control device at an intersection, in violation of 75 Pa.C.S.A. §3112(A)(3)(i); (c) In disregarding the steady red indication of a traffic control device at an intersection and thereby entering the intersection and causing a collision with Plaintiffs vehicle, in violation of 75 Pa.C.S.A. §3112(A)(3)(i); (d) In failing to exercise the high degree of care required of an operator of a motorvehicle when approaching an intersection, in violation of 75 Pa.C.S.A. § 3361; (e) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiffs vehicle; (f) In failing to operate her vehicle at a speed and under such control so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A.§ 3361; (g) In failing to operate a motor vehicle at a speed that was safe for road conditions, in violation of 75 Pa.C.S.A. §3361; (h) In failing to maintain proper and adequate observation of the existing traffic conditions; 3 {i) In failing to keep a proper Is~okout for vehicles lawfu{ly proceeding on Earl Street; and Q) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. § 3714. 12. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Jane L. Middaugh, has suffered extensive and serious personal injuries, including, but not limited to, a shoulder sprain, shoulder pain, neck pain, a broken blood vessel in her right eye, and a cervical strain/sprain. 13. As a direct and proximate result ofthe Defendant's negligence, Plaintiff, Jane L. Middaugh, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. 14. As a direct and proximate result ofthe Defendant's negligence, Plaintiff, Jane L. Middaugh, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and will be required to expend money forthe same purposes in the future, to her great detriment and loss. 15. As a direct and proximate resultofthe Defendant's negligence, Plaintiff, Jane L. Middaugh, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of the negligence of Defendant, the Plaintiff, Jane L. Middaugh, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 4 •17. As a direct and proximate result of Defendant's negligence, Plaintiff, Jane L. Middaugh, has been, and probablywill in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 18. Plaintiff, Jane L. Middaugh, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Jane L. Middaugh, seeks damages from the Defendant, Joanna A. Vellios, in an amount in excess of twenty-five thousand dollars ($25,000.00). Respectfully submitted, HANDLER, HENNING & Date: ~`~ C ~~"" ~ By: W. Sc~Henning, E§ ire LD. #,f32298 1300 Linglestown oad P.O. x 117 Harrisburg, PA 17110- 177 (717) 238-2000 Attorneys for Plaintiff 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~t ~ ~ J e L. Middaugh Date: `~-~30 - d I_ :~. ~ ~ ~ ~ _ ~ .:, 1 V 2 C ~ ~ f;.' ~- •~ -` ' a? r ~ _ -^~, r, r /- c'~ ~ y . v- r fi r r ~ ` ~; ' 'v a.i .t JANE L. MIDDAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4709 CIVIL ACTION -LAW JOANNA A. VELLIOS, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Jane Middaugh, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and responds as follows: 19. Paragraph 19 is an incorporation paragraph to which no responsive pleading is required. 20. Denied. The allegation set forth in paragraph 20 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiffs claim is in anyway barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Responsibility Law, and proof to the contrary is demanded at the trial in this matter. 21. Denied. It is denied that the Plaintiff's injuries and losses/damages were caused by persons or events outside the control of the Defendant, and proof to the contrary is demanded at the trial in this matter. 22. Denied. The allegation set forth in paragraph 22 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiffs claim is in anyway barred by the doctrine of lachesand/or unclean hands, and proof to the contrary is demanded at the trial in this matter. 23. Denied. The allegation set forth in paragraph 23 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiffs claim is in barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, and proof to the contrary is demanded at the trial in this matter. 24. Denied. The allegation set forth in paragraph 24 is a conclusion of law to which no responsive pleading is required, however, to the extentthat the Honorable Court deems a response necessary, it is denied that the Plaintiff was in anyway contributorily negligent and/or in anyway assumed the risk of injury, and proof to the contrary is demanded at the trial in this matter. 25. Denied. The allegation set forth in paragraph 25 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that there were any negligent acts or omissions of other individuals or entities that would constitute an intervening or superseding cause of the injuries sustained by the Plaintiff, and proof to the contrary is demanded at the trial in this matter. 26. Denied. It is denied that the Plaintiffs injuries were caused by the acts and/or omissions of a person or persons other than the Defendant, and proof to the contrary is demanded at the trial in this matter. 2 27. Denied. It is denied that the Plaintiff has entered into a Release with any other individuals that would have the effect of discharging the liability ofthe Defendant, and (717) 238-2000 Attorneys for Plaintiff proof to the contrary is demanded at the trial in the matter. 28. Denied. The allegation set forth in paragraph 28 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff denies that she is subject to Limited Tort status under the Pennsylvania Motor Vehicle Financial Responsibility Law, therefore, the issue of whether the Plaintiffs injuries constitute a "serious injury" as defined in Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law is an irrelevant issue By way of additional answer, the Plaintiff incorporates paragraph 9 of her Complaint herein as though fully set forth. WHEREFORE, Plaintiff, Jane L. Middaugh, demands Judgment against the pefendant, Joanna A. Vellios, for the relief set forth in her Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG pate: ~-,~ ~ C) 6 ~"~, By: ~~/ W. Sc enni g, Es ire I.D. 32298 130 Lin town ad Harris urg, PA 17 10 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 Ic) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: ~ `a a~a~~ JANE L. MIDDAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.01-4709 CIVIL ACTION -LAW JOANNA A. VELLIOS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On the 2nd day of January, 2002, I hereby certify that a true and correct copy of Plaintiffs' Petition to Amend Complaint was served upon the following by depositing in U.S. Mail; B. Craig Black, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road Suite 203 Harrisburg, PA 17110 HANDLER, ~iENNING & ROSENBERG Date: ~ -a °Z~ ~~ By: W. Scott Henning qi I.D. No. 32298 1300 Linglestown d Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff r~ ~- ; = ~ ,- <: ,_ ;__ ~;y __. , ~~ ~: ' ,: ,. , ` ' - <r. JANE L. MIDDAUGH, Plaintiff v. JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Joanna A. Vellios, in the above-captioned action. Respectfully submitted, McKissock & Hoffman, By:_ B. D. No. 3681 Date: ~ 2~'I 01 Attorney I.D. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) McKissock & Hoffman, P.C. BY: Supferme Court I.D. N .36818 Edwin A.D. Schwartz squire Supreme Court I. o. 75902 own Road Suite 302 Harrisburg, PA 1711G (717)540-3400 Attorneys for Defendant Joanna A. Vellios Date: ~ ~~ ~~ ~R °- n ~,,: ,- ~= ,_ F _ : ~ ,~ - ~ SHERIFF'S RETURN - OUT OF COUNTY • C1~SE NO: 2001-04709 P ,, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDAUGH JANE L VS VELLIOS JOANNA A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: VELLIOS JOANNA A but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 24th 2001 this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. homas Klin Dep York County 22.07 Sheriff of Cumberland County nn J J V / 08/24/2001 HANDLER HENNING & ROSENBERG Sworn and subscribed to before me this .3b ~ day of „!~ c2o-o/ A . D . ~ ~ P othon~ota y " in his bailiwick. He therefore >,,. COUNTY OF YORK OFFICE OF THE SHERIFF 3~R )I7719601L 28 FAST MARKET ST., YORK, PA 17401 - SHERIFF SERVICE - INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES Jane L. Middaugh vi-4 rv~ C:1V11 3. DEFENDANTlS/ - 4. TYPE OF WRIT OR COMPLAINT Joanna A. Vellios_ _ _ Notice & Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SE LEVIED, ATTACHED, OR SOLD. f Joanna A. Vellios 1750 Ashland 17r. York, PA 17404 R 1 6. ADDRESS (STREET OR RFO WITH BOX NUNIBER. APT. NO ,CITY, BORO, TWP .STATE AND ZIP CODE) Ar --- 7. INDICATE SERVICE: ^ PERSONAL ^ PERSON IN CHARGE X~i DEPUTIZE_ _ O CERT. NAIL O 1ST CLASS MAIL ^ POSTED ^ OTHER _ Au st 9, - _~~-'rur~erz'artel NOW ~ , 20 1 I, SHERIFF OF YORK COUo hereby depu -ze the sheriff of York ___,. <aCOUNTY to execut ma e r tar according to law. This deputization being made at the request and risk of the plaintiff. ouT of couNTv CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any tleputy sheriff lerying upon or attaching any prpperty antler within writ may leave same without a watchman, in custotly of whomever is found in possession, after notifying person of levy or attachment, without liability an the paR of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any propert/ before sheriffs salelhereof. _ _ - __ , . ~_ ,. .__ 9. TYPE NAME and ADDRESS Of ATTORNEY/ORIGINATOR aril SIGNATURE - - 10. TELEPHONE NUMBER 17. DATE FILED FIANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD. HAR~~SI~URG, PA 238-2000 8-8-O1 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailetl). CUMBERLAND CO. SHERIFF 13. lacknowledge receipt of thewnt 74. DATE RECEIVED 15. ExpirationlHearing Date w complaint as indicated above. R. AHREN$ ~ B-14-01 9-7-O1 _ - -- 76. HOW SERVED: PERSONAL RESIDENCE POSTED ( ) POE ( ) SHERIFF'S OFFICE ( )_ _ -___ _OTHER ( ) SEE REMARKS BELOW 77. ^ I hereby certify and return a NOT FOUND because I am unable to locate the mdiyidual,_cgm iyany_ etc. named above. (See ramarks below.) _ 18. NAME AND TITLE OF INbIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (RElatlonship to Defentlant) 19. Ddte of Service 20. Time of Service - ~.7 23. Advance Costs 24. Service Costs 25. N!F 26. Mileage 27. Postage 28. Sub 75.00 18.00 2.07 20. 34. Foreign County Costs 35. Atlvance Costs 36. Service Cosls 37. Notary Cert 41. AFFIRMEp ~rld_g~bscribetl to before m01thi ~IS~ ~ Signature of 42. day of F1 CiU ~1~ , 20 _ 4~1~ ~ U Dep. Sheriff 22.07 I 52. 38. Milea9e/POStage/NOt O NOTARY 46. Signature of York 47. DATE Notarial Seal . - - - County Sheriff Jamefi V, Vangreen, N4tary,Pablic- - - . WILLI g~22~01 City of York, York Qaunty, PA _ _ My COmm4tslon Expires Mat 27, 2005 48. Signature of Foreign 49. DATE County Sheriff _ _ _ _ 50. I ACKNOWLEDGE RECEIPT OFTHE.SHERIFF'S RETURN SIGNATURE ~ _ -. _ __ _ ~ St DATE RECE IVED OF AUTIiORIZED ISSUING AUTHORITY AND TITLE - .. - - __ LWHITE-Issuing Authority 2. PINK-Attorney 3. CANARY-Sheriffs Office 4. BLUE-Sheriffs Otfce ~, - - ,._ /'-, CO~JCNTYO~FJYOCRK C CC --. OFFICE _oI~ .~f7G ~~G~II-.f SERVICE CALL f.4k~ (n~) ~'t a- oa a~ '. ~ ~ _- 28 EAST MARI4E f ST., YOR_5_PA 17401 - ,- . - . -~ ... .. . . ... .... . . - h.~ ~ __ SHERIFF SERVICE ~ INSTRUCTIONS .` PROCESS RECEIPT and AFFIDAVIT OF RETURN r PLEASE TYPE ONLY LIiVE 1 THRU 12 - - ,,_ ~ _ D6- _OT DE'i CN_ANY COPIES - 7. PLAINT{FFlS! ~ ~ - ~ 2: C T U R - - Jane ti. Middaugh - ~~-~ ~" ~ civil -- - -'~- ---'-` -- - -" ==-- -. 4. TYPE OF WRIT OR COMPLAINT ~- 3. DEFENDANI'1S1 Joanna A. Vellios_ __ _,,_.,_ _ -- Notice &- Catt~Saint - /~ 5. NAME OF INDYVIDUAL, COMPANY, CORPORATION~Ef~C TO SERVE OR DESCRIPTION OF PROPERTY TO~BE LEVIED, ATTAC ~r ~~~ . S~E- ` :.M - HED OR SOLD i `C Joanna A Vellios 1756 A~h7end Dr. York, PA 17404 6. ADDRESS (STREET OR RFO WITH BOX NUMBER APT NO CITY, BORO. TWP., STATE AND ZIP CODE) ' AT _:_ - .' -__ ,.. !^.~:..- -~-. ,...,.,..& .;, -.~ sE.'~ -.~...~. s.d =mod-m. - -_ - - - 7., INDICATE SERVICE: ^ PERSONAL ~ PERSON IN CtiPR.C~E DE~UT(ZE__ ~ L ^ jST CLASS MAIL ^ POSTED ^ OTHER -F~~S,F ~ ~2d7~. _ idOW -- _=-L 20_ I, SHERIFF OF YORK COUNTY P o hereby dep iz the sheriff off Yak: - >--,~=COUNTY to executed tur - ac Grding to law. This depufizatlon being made at the request and risk of the plaintiff -- --. - _ _::az~ -mer.- ~~ ---~-.-_~-.~ ~-~_-_"; -SHERIFF QF Y RK COU_NTY _ & SPECIAL INSTRUCTfONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: _ a - .- our aF c4urlTv -- §-~ _ ~llMB~RLAidD w `. ADVAi~CEI?-FEE, .PAID $Y BAERiFF ~, ,- ,_. ,--- .NOTE: ONLY PPPSJCABLE ON WRIT OF EXECUTION: N.6. WAIVER OF WATCHMAN -Any deputy shedN Levying upon or attaching any property under within writ may leave same ~ vhgwu[ a watr~hinar~, in astody o(whomever is found in possession, aHer notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff _.•. .~ heron f« arty bqs, desWCtion,_or removal of any property before sherifPS sale thergof._ _ _ _ ~_ i . ..„. ~ -_- ~~-~= - -_ __ -~ e: 7YP~NAMEarW ADDRESS OfA770RNEY/ORIGINATORpntl SIGNATURE - 10. TELEPHONE NUMBER 11. DATE FILED }1A~(D~H,R, HE~NING & ROSEvBERG 200 LINGLESTOWN RD. H4~~S~~URG; PA ,23$-2400 3-8-O1 ss. - +._ ,.:LLB _ :~.i'-.-y,.~ ° ~3` - ~ ' ~-- -- ~- -- 72 SEND NOTICE~~OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if rwbce is to be [nailed). +'~ Ct1MBE-~L1"ID CD. $HERIF~ .w .. .~ ~, _ _ :. .~ '~ AGE BELOW FOR USE OF_ THE SHERIFF - DO NOT WRITE BELOW THIS LfIVE -- 73. I acknowleCye receipt of the wm . ~ - ._~ 14. TERE gIVED 15 irey'q~Hearing Date «wmplaint as indicated above. R. ANREN$ _ ti^14-~1__ _ 9-J-U1 ---. .. _.., ,_ g. Y. - ~ -- -- .~ 16°tiON(~ERVED: PERSONAL (~ RESIDENCE a~ POSTED ( )_~, _ .'-POE C 1 ,~SHi?tR,(~FF S_OFFIGE( ) _ -_ , OTHE_ R ( ) _r SEE REMARKS BELOW , 17. ^ 1 herelrLcertiry and retym a NO7 FOUND because_t am unable 1;p~ocate, t~ie,~Lidnlouat„ cpmpany, etc. named above. See rem_arlc_s bw - ~. 76-. NAME AND TITLE OF~,If~~bIVIDUAL SERVED /LIST ADDRESS HERE Ik NOT SHOWN ABCtVE (Relauonship to DefentlanU- v 19. Da a bf Service 26. Time of Service - 21. ATTEMPTS Date Time Miles Int ~ Date Time Miles Int. Date Time Miles Int. Date Time Miles Int Date Time Miles Int. Date Time Miles • Int 22~RFMARKS: .. -. ~.. Y ..'.:~ _ - _ -_ - .~ _ it i-,,. ... - - n L~ . - - ,-~ - _ ~ --. .. T x N _ _ _ P' -.- n-:-ems v_ _ .. ()u jI c V ~;. - - .... _m -w+^`~T1vn^`~mr`... -.~.. ... -: .~ - sa>~ -.a._ ~T al.~i- ~Y _='~~23 Advance Gusts 24. Service Costs 25. WF 26. Mileage 27. Postage 28. Sub Total 29. Pountl 30. Notary 37. Surchg. 32. Tot. Costs 33. Costs Due ar Refund C eck r =~ '75.00, i$.Oii 2,D7 2D. D7 2,00 22.07 52, G3 ~?„~'~'~` "34. Foreign Counl~r Costs 35. Atlvance Costs 36. Service Costs 37. Notary Cert. 36. Mileage/POStage/NOt Found 39. Total Casts 40. Costs Due or Refund w - __ _ -_- - _ _. __. ..__ . __,_ ..._ _ _v = 47. AFFIRME a su ribetl to before a thls_~__ 44. Si nature of ~---"---~ 45. DAVE, r w~t` r~l , >. c g 42. day or , 20 43 ~ - Dep. Sheriff 1 ~ir.'~ ~ n-~^ _ 5 ~ °` 1 ~ . E- - = i PRO~Y ._- - - - - ;: , _ - , 46. Signaturrpbf YOrk ,/ ~ ~ 47. DATE - .. ,,,.., r ~4>.t County ShenH ~!%~G ~'~~ W:LI3AA4_ l~t..230SE(. :~ ~~~. 8~2.~i Q1 a;.; - ~ ~ 46. Signature of Foreign 49. DATE -. _. --,-_ _ County S_beriff _--___ - _ _- __ - _, _- 5,0. t ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE :. ~ - - 751. DATE RECEIVED _ ; OF AUTHORIZED ISSUING AUTHORITY AND~TITLE v, ~,~,_ _.. _ ~.. ,..-. ~.--, -.. - _ - -°~ --: _T-~ - - - -' -' _ .. ,_. .__ ... .. - aa_ _,. 1. WFRTE- Issuirjg Authority 2 PINK- Attorney 3. CANARY - Sheriffs Office 4. BLUE • Sheriffs Office - t• -.. r " -. CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH -VS- VELLIOS COURT OF COMMON PLEAS TERM, CASE N0: 01-4709 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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: 01/16/2002 on beh if f CRA B ACRBC ES IRE Attorne for DEFENDANT DE11-304931 8 0 5 5 5- L 0 1 C OMMO NWEAL T H O F P ENN S YLVAN =A COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JANE L. MIDDAUGH -VS- VELLIOS OF A SUBPOENA SHIPPENSBi1RG FAMILY PRACTICE MEDICAL T0: W. SCOTT HENNING, ESQ. TERM, CASE N0: 01-4709 MCS on behalf of B. CRAIG BLAC&, ESQDIRE 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 ezpense by completing the attached counsel card and returning same to KCS or by contacting our local MCS office. DATE: 12/27/2001 MCS on behalf of B. CBAIG BLACK:, HSQDIRH Attorney for DEFENDANT CC: B. CRAIG BLACK, ESQIIIRH - 8350-118 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MABHET STREET - #800 PHILADffi.PHIA, PA 19103 (215) 246-0900 DH02-174179 8 0 5 5 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL4.\'D MIDDAUGH VS VELLI05 File \o. 01-4709 SUBPOENA TO PRODUCE DOCUME\'I'S OR THINGS FOR DISCOVERY PURSUA_\T TO RULE 4009?' T7: CUSTODIAN OF RECORDS FOR" SHIPPENSBURG FAMILY PRACTICE Game of Person or adn) N'i:hin twe^:y (.0) days aher sen•ice of this subpoena, you ue ordered by the court to produce the following documents or things; SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 1800, PHILA.,PA 19103 (Addraq Yov may denser or mail legible copies of the documents or produce thiasg eeq~ened by this subpoena, together with the certificate of compliance, to the party making this request at the addrns listed above. You hate the right to seek in adsance. the xaotnble cost of preparing the copies or producing the tiling sought. if rou fail to -oduce the dtscttmena ar things required by this subpaetta. wit.'-.in twenty ('~) days aher its sen•ice, the party sen•ing tiffs subpoena may seek a court order compelling you to comply will! G THIS StBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWP.VG PERSON: N,1btE B. CRAIG BLACK, ESQ. .4DDRE55; 2040 LTNGLESTOWN RD.. STE 302 HARRISBURG, PA 17110 TELEPHO\=• 215-246-0900 SliPRE:~fE COIiRT ID +F ATTORXEY FOR' nFFFNneuT DATE ~17 ~O(~/ Sea! of the Court BY COURT. PseNanetatl'/'Qck ivision r (2.rf. i/9i) ' . EXPLANATION OF REQUIRED REOORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENSBURG FAMILY PRACTICE 46 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 RE: 80555 JANE L. MIDDAUGH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, congultation, care or treatment. Dates Requested: up to and including the present. Subject :JANE L. MIDDAUGH 311 SHEPARD LANE, SHIPPENSBURG„ PA 17257 Date of Birth: 08-11-1953 SU10-346554 8 0 5 5 5- L 0 1 C N ~" ry~ ?' ~~ ~_,.' ~i "`~ i,. LJ '"[) ~C _ C :v <--~ l: 1: l {~, {i: - ~i I (J , D -{ F~. g~ ~, '. . . CERTIFICATE PREREQDISITE TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH -VS- COURT OF COMMON PLEAS TERM, CASE N0: 01-4709 CIVIL VELLIOS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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. DATE: 0313(2002 MCS on beha of '~B. IG LA K, ESQ. V ` Attorney or DEFENDANT DE11-316362 8 0 5 5 5- L 0 2 A C OMSQO NWEAL T H O F P E NN S YL VAN SA COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JANE L. MIDDAUGH -VS- VELLIOS TERM, CASE NC: 01-4709 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCi)MENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARTFORD INSDRANCE OF MIDHEST INSDBANCF CHAMEERSBDRG HOSPITAL MEDICAL RECORDS CHAMEERSBDR.G IMAGING ASSOC. MEDICAL RECORDS SHIPPENBURG HEALTH SERVICES MEDICAL RECORDS TO: W. SCOTT HENNING, ESQ. MCS on beha'_f of B. CRAIG BLACK, 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: 02/21/2002 CC: B. CRAIG BLACK, ESQ. - 8350-118 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACK, ESQ. Attorney for DEFENDANT THE MCS GROIIP INC. 1601 MARI~T STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 8 0 5 5 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH VS File No. VELLIOS ' 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARTFORD INSURANCE CO. (Name of Person or Entity) Within twenty (20) days after service of this subpEE aA1'T~I:riEDdered by the court to produce the following documents or things: S at MMCS GROUP INC., 1601 MARKET ST, 1k800, 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. [f 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; B. CRAIG BLACK, ESQ, 2040 LINGLESTOWN RD., STE 402 HARRISBURG. PA 17110 TELEPHONE: 215 - 2 4 6 -0 9 0 0 SUPREME COURT ID M: ATTORNEY FOR: _. DEFENDANT B HE C URT: DATE: ~jf2(.l_~/L~./ ~ ~Wa~ Prothonotary/Clerk, Civ' vision D uty Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUS 1 ODIAN OF RECORDS FOR: HARTFORD INSURANCE OF MIDWEST P. O. BOX 2910 HARTFORD, CT 06104 RE: 80555 JANE L. MIDDAUGH CLAIM NO.: 55-PH-425159-111380. INSURED: EVELYN KYLE. Any and al] claims files. Dates Requested: up to ar.d including the present. Subject :JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: 08-11.1953 Date of Loss: 10/30/2000 SU10-357372 8 0 5 5 5- L 0 2 CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH -VS- VELLIOS COURT OF COMMON PLEAS TERM, CASE N0: 01-4709 CIVIL As a prerequisite to service of a subpoe^.a for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, 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: 03/13/2002 B. CRAIG BLACK, ESQ, Attorney for DEFENDANT DEll-316363 8 0 5 5 5- L 0 3 ,: -, C OMMO NWEAL T H O F P E NN S YL VAN =A COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS .LANE L. MIDDAUGH -VS- VELLIOS NOTICE OF INTENT TO SERVE A SUBPOENA TO .....r.,,... .,,.,. „r~,.,..,~.,~ ,..,,,..,,,.,.., ... HARTFORD INSDRANCE OF iffDWEST INSDRANCA CHAMBERSBIIRG HOSPITAL lIEDICAL RECORDS CHAMBERSBIIRG IMAGING ASSOC. lHsDICAL RECORDS SHIPPENBDRG HEALTH SERVICES MEDICAL RECORDS T0: W. SCOTT HENNING, ESQ TERM, CASE NC: 01-4709 CIVIL DOCUMENTS AND 09.21 MCS on behalf of B. CRAIG BLACK, 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 abjection 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: 02/21/2002 CC: B. CRAIG BLACK, ESQ. - 8350-118 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 8 0 5 5 5- C 0 1 COMMONWEALTI-I OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH VS File No. VELLIOS 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL (Name of Pe,san or Entity) Within twenty (20) days after service of this subp_E ATTACHED dered by the court to produce the following documents or things; 8E at MMCS GROUP INC., 1601 MARKET ST, 11800, 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: B. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD.. STE 402 HGRRTCRTTRC~ PA 17T T fl TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: l ~7 ~CXJ7~ Seal of the Court (Eff. 7/ 97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL 112 NORTH SEVENTH ST. CHAMBERSBURG, PA 17201 RE: 80555 JANE L. MIDDAUGH Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to ar.3 including the present. Subject :JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: 08-11-1953 SU10-357374 8 0 5 5 5- L 0 3 CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: .LANE L. MIDDAUGH -VS- VELLIOS COURT OF COMMON PLEAS TERM, CASE N0: 01-4709 CIVIL As a prerequisite to service of a subpoe^a for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK, ESQ. certifies that (1) A notice of intent to serve th.e 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: 0313(2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-316364 8 0 5 5 5- L 0 4 C OMN10 NWEAL T H O F P E NN S YL VAN IA C OIIN T Y O F CUMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS JANE L. MZDDAUGH -VS- VELLIOS TERM, CASE NC: 01-4709 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TflZNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARTFORD INSIIRANCE OF MIDWEST INSDRANCR CHAMBERSBURG HOSPITAL MEDICAL RECORDS CHAHBERSBIIRG IMAGING ASSOC. MEDICAL RECORDS SHIPPENBURG HEALTH SERVICES MEDICAL RECORDS T0: W. SCOTT HENNING, ESQ. MCS on behalf of B. CRAIG BLAC%, 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 map he ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/21/2002 CC: B. CRAIG BLAC%, ESQ. - 8350-118 Any questions regarding this matter, contact MCS on behalf of B. CBAIG BLACE, ESQ. Attorney for DEFENDANT THE MCS GROIIP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 8 0 5 5 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH VS File No. VELLIOS ' 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG IMAGING ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpEE~l~'1'TACHED dered by the court to produce the following documents or things: 5 at MMCS GROUP INC., 1601 MARKET ST, 16800, PHILA,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cenificate 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 prepazing 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: R. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD., STE 402 HARRTSBHRG PA 17110 TELEPHONE: 215-24 6-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: ~ ~n ~~ ~Q~, ~ Seal of the Court vcpuq (EEf. 7/ 97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG IMAGING ASSOC. 25 PENNCRAFT AVENUE PROF. ARTS BUILD]NG CHAMBERSBURG, PA 17201 RE: 80555 JANE L. MIbDAUGH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: OS-11-1953 SU10-357376 8 0 5 5 5- L 0 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RIILE 4009.22 IN THE MATTER OF: JANE L. MIDDAUGH -VS- VELLIOS COURT OF COMMON PLEAS TERM, CASE N0: 01-4709 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of B. CRAIG BLACK 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: 03/13/2002 B. CRAIG BLACK, ESQ. Attorney for DEFENDANT DE11-316365 8 0 5 5 5- L O S C OMLIO NWEAL T H O F P E NN S YLVAN SA COUNT Y O F' CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JANE L. MIDDAUGH -VS- VELLIOS INTENT TO HARTFORD INSURANCE OF HIDIiEST INSURANCE cwAwraRxSBIIRC. HOSPITAL NEDICAL RECORDS CHAMBERSBURG IMAGING ASSOC. MEDICAL RECORDS SHIPPENBURG HEALTH SERVICES MEDICAL RECORDS T0: W. SCOTT HENNING, ESQ. TERM, CASE NG: 01-4709 CIVIL AND MCS on behalf of B. CRAIG BLACK, 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, they. the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/21/2002 CC: B. CRAIG BLACK, ESQ. - 8350-118 Any questions regarding this matter, contact MCS on behalf of B. CRAIG BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MABRET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178955 8 0 5 5 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDDAUGH VS VELLIOS File No. 01-4709-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIA~^i OF RECORDS FOR: SHIPPENSBURG HEALTH SERVICES (Name of Person or Entity) Within twenty (20) days after service of this suSEE ATTACHED rdered by the court to produce the following documents or things: at NMCS GROUP INC., 1601 MARKET ST, (1800, 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: B. CRAIG BLACK, ESQ, ADDRESS: 2040 LINGLESTOWN RD.. STE 402 HARRTCRTTR~, PA 1711(1 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: ~ i! ~ . / ~ r~~ Seal of the Court (Eff. 7/ 97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENBURG HEALTH SERVICES 46 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 RE: SO555 JANE L. MIDDAUGH Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :JANE L. MIDDAUGH 210 CAMPGROUND ROAD, CARLISLE, PA 17013 Social Security #: 176-46-6329 Date of Birth: 08-11-1953 SU10-357378 8 0 5 5 5- L O S ~~ n9Si~M-^n~fi!EAR'='T'iu,~+rv.; ,~=~r~ .. ~u it~~,awe mEquramrv.tr gas r~l'ak'~P..'~,_ 4LA JANE L. MIDDAUGH, Plaintiff v. JOANNA A. VELLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4709 CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter my appearance as co-counsel on behalf of Defendant, Joanna A. Vellios, in the above-captioned action. Respectfully submitted, McKisso Hof an ~. ~ By: Mi ael B. Volk, tsquire A orney I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: ~~~-P/2 ~r'r..~ ` .r CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 ~~ (Counsel for Plaintiff) n BY: M' ael B. Volk, Esquire orney I.D. No. 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant Joanna A. Vellios Date:n~~~yl.~'L .%• `t C 'LI'[ ~ 7'y' ~ -t ~'-~ yUy ~ T _ ~Y~. ~"C tV ~m to E~/ JANE L. MIDDAUGH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4709 CIVIL ACTION -LAW JOANNA A. VELLIOS, Defendant TO THE PROTHONOTARY: JURY TRIAL DEMANDED PRAECIPE Please mark the Docket in the above captioned matter as Settled and Discontinued. HANDLER, HENNING & ROSENBERG BY: W. Scott H nni g, q. 1300 Lingl st n oad Harrisburg, A 106 Tel. No.: 717-2 -2000 Supreme Court ID No. 32298 Attorneys for Petitioner DATE: ~ - ~~-~,OUy L_ ~ u v. t.~ U .{ ~'; _ !` ~' - - C. . .. .._f r c ~ -~ C.... =:;.