HomeMy WebLinkAbout01-06865
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her hnsband,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PA
vs.
: NO. 01-6865 CIVIL TERM
: CIVIL ACTION
PAIGE PYNOS,
Defendant
: JURY TRIAL DEMANDED
PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL
I. GENERAL BACKGROUND
On December 17, 1999, Mrs. Stutting was driving their automobile south on U.S. Routes
11 & 15 in the vicinity of the Camp Hill Shopping Center. The Defendant, Paige Pynos was
driving her automobile north on U.S. Routes 11 & 15 when the Defendant improperly turned her
vehicle left, into the path of the Plaintiffs' vehicle and collided with Plaintiffs vehicle causing
personal injuries to the Plaintiffs and damage to their vehicle.
II. PROCEDURAL mSTORY
On December 4, 200 I the Plaintiffs commenced their cause of action against the
Defendant via a Writ of Summons followed by a Complaint on January 23, 2002. On February 8,
2002 Defendant filed her Answer and New Matter. On February 27, 2002, Plaintiffs' filed their
Reply to Defendant's New Matter.
After the pleadings were closed, the parties engaged in discovery with each party
answering the other party's Interrogatories. On April 29, 2002, Defendant's counsel served upon
Plaintiffs Notice of Intent to Serve Subpoenas. Due to internal challenges within the Plaintiffs'
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counsel's office, Plaintiffs' counsel did not file objections to the Notice of mtent to Serve
Subpoenas in accordance in Pa R.C.P. 4009.21.
On June 5, 2002, the Defendant served 11 subpoenas upon Mrs. Stutting's health
care providers, which requested information. Upon learning that some of Mrs. Stutting's health
care providers were served with a subpoena, Plaintiffs' counsel took immediate action to protect
the privacy and confidentiality of Plaintiffs Wife's medical records.
Plaintiffs' counsel sent a memo, dated June 27, 2002 to Mrs. Stutting's medical
providers upon whom the subpoenas were served. The said memo stated, in part:
"I hereby direct that you do not release any documents, records or things
per the Subpoena unless and until a Certified Order of Court executed by a Judge
of the Court of Common Pleas of Cumberland County, is presented toyou giving
you specific directions concerning the release of Mrs. Stutting's private medical
records."
Defendant's counsel was copied on all correspondence to the medical providers. On July 25,2002
Defendant's counsel filed a Motion to Compel Compliance with Subpoenas and requested the
court to assess Defendant's legal fees in the amount of $500.00 against Plaintiffs' counsel. By an
Order, dated August 5, 2002, your Honorable Court established on August 5, 2002 at 3:00 P.M. in
Courtroom No.4 to consider oral argument on Defendant's motion.
m. AGRUMENT
Defendant's Motion to Compel Production of Medical Records Shonld be
Denied and a Protective Order is Appropriate Becanse the Defendant Does
not Have an Absolnte Right to Plaintiff's Entire Medical History When the
Plaintiff Does Not Claim Recovery for Injuries Aggravated by Her Accident.
Although Defendant's right to discovery is broad, this right is not absolute. The
limitations of discovery are contained in Pa. R.C. P. 4011 as stated in part, that "No discovery. . .
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shall be permitted which... ;(b) would cause unreasonable annoyance, embarrassment, oppression,
burden or expense to the deponent or any party; (c) is beyond the scope of discovery as set forth in
Rules 4003.1 through 4003.6 '" Pa. R.C. P. 4011." It/.
It is also well accepted in Pennsylvania to allow a defendant in a personal injury lawsuit
the discovery of a plaintiffs entire medical record, including that which is impertinent, is not the
intent of the liberal rules of full discovery. See, Slayton v. BiebeL 37 Pa. D. & C. 4th 140
(Crawford 1998) (denying defendant's request to umestricted access to all plaintiffs medical
records); See also, DeLuca v. Leon, !D. & C.3d 185 (phila. 1977) (denying broad authorization
and defendant's request to compel production of all plaintiffs medical records).
The privacy of a patient's medical records is governed by a statue 42 Pa. C.S.A. Section
5929 that states that, "No physician shall be allowed, in any civil matter, to disclose any
information which he acquired in attending the patient in a professional capacity, and which was
necessary to enable him to act in that capacity, which shall tend to blacken the character of the
patient, without consent of said patient, except in civil matters brought by such patient, for
damages on account of personal injuries."
It appears, however, that Defendant interprets the above statute to allow for the discovery
of everything in Mrs. Stutting's medical records although the information will have no significance
or relevance to this civil action. Furthermore, this information is available to Defendant by oral
deposition of Mrs. Stutting's treating physicians. See, DeLuca, supra at 188 ("If defendants are
not satisfied with copies of records supplied by the Plaintiffs and are desirous of a more ample
discovery of plaintiff s medical condition, they will have to revert to oral deposition of the
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doctor... and limit themselves to discovery of all information relevant to plaintiffs personal
injuries allegedly suffered by at the hands of the defendants' negligence."). Furthermore, although
Pa.R.C.P. 4003.1 allows discovery of any matter, not privileged, which is relevant to the subject
matter of the pending action, this Court has the authority to control and limit discovery through the
use of protective orders. Under Pa.R.c.P. 4012(a)(5), the Court may issue a protective order
which is appropriate to protect a Plaintiffs medical records when the information sought is
irrelevant, will not lead to relevant matter, and is personal and confidential. See, Roberts v.
Nicolia, 8 Pa. D. & C. 4th 97 (Erie 1990) (holding that a plaintiff in a personal injury action may
request a protective order to prevent disclosure of medical records that are irrelevant and
personal).
With the exception of the medical treatment that Plaintiff received for treatment of her
injuries related to this motor vehicle impact, Mrs. Stutting's health-related treatment for conditions
not related to the motor vehicle impact are a private and privileged nature. Defendant, however,
seeks medical records, which reflect treatment for previous health conditions that are not relevant
to the injuries sustained as a direct result of the motor vehicle impact. Finally, Plaintiffs, in their
Complaint, are not claiming recovery from Defendant for aggravation or related pre-existing
conditions. (See Complaint at Paragraphs 8 and 9).
This Court has been fair-handed in balancing the rules of discovery against the right of
injured parties to their privacy and yet allow discovery of relevant medical records to the defense.
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'if:
In the pending of case of Patterson v. Rite Aid Corooration. No. 2000-794 Civil Term
(Cumberland County, Pennsylvania), this Court did just that when Defense counsel Subpoenaed
Plaintiffs medical records. Attached, at Exhibit "A" is this Honorable Court's Protective Order,
dated March 7, 2001 in the Patterson case. The Plaintiffs respectfully suggest that such an Order
would be appropriate in this case.
IV. AGRUMENT
The Court Should Craft a Protective Order Concerning Plaiutiff's Medical
Records and No Attorney Fees should be Imposed Against Plaintiffs' Counsel
For the Nunc Pro Tunc Objection to Defendant's Overly Broad and Improper
Subpoenas.
Admittedly, Plaintiffs' counsel objected in good faith but, nevertheless, nunc pro tunc, in
responding to Defendant's overly broad and objectionable Subpoenas of medical records. The
delay in objecting was due in part to the unexpected medical challenges faced by Plaintiffs
counsel's law partner, who is also the Plaintiffs counsel's daughter. The delav in timelv obiecting
to Defendant's subpoenas. however. has not delaved this case in anv manner. Had Plaintiffs
counsel not been limited with the demands of the illness and medical challenges of his
daughter/law partner, objections would have been timely filed and Defendant would have had to
file a Motion Compel the Production of Document which is where we are right now. Furthermore,
Plaintiffs' counsel took immediate action to protect his client's medical records which are private
and confidential and do not pertain to injuries received as a result of a collision on December 17,
1999.
Therefore, Plaintiffs' counsel respectfully submits the Court would be justified in allowing
the nunc pro tunc objections to Defendant's subpoenas and finding that the objections are made in
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good faith on behalf of the Plaintiffs. As such, Defendant's request for assessment against
Plaintiffs' counsel for Defendant's legal fees in the amount of $500.00 should be denied.
V. CONCLUSION
Plaintiff does not object to Defendant's subpoenas for medical records and other treatment
documents related to the injuries described in her Complaint. Although Plaintiffs has impliedly
waived the doctor-patient privilege to the extent that Mrs. Stutting relies on her medical condition
to recover damages, waiver of this privilege applies only to the records of the examining and
treating physicians to the extent that the contents are relevant and material to the injuries sustained
by Plaintiff's Wife. Thus, this Honorable Court should not grant to Defendant broad authorization
to have access to all of Mrs. Stutting's medical records throughout her entire lifetime when Mrs.
Stutting neither claims damages for aggravation of existing medical conditions, nor when oral
depositions by attending physicians are available to the Defendant.
Defendant's motion to gain possession of a complete set of all medical records is beyond
the scope ofPa. R.C.P. 4003.1 and 4003.6 because the treatment received at these facilities was
privileged and not relevant to the injuries sustained by Mrs. Stutting. Therefore, the Plaintiffs
submits this Honorable Court would be justified in issuing a protective order under Pa. R.C.P.
4012(a)(5) to limit the scope of Defendant's access to those medical treatment records that are
relevant to the injuries that Mrs. Stutting avers in her Complaint as a direct result of her motor
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vehicle impact. Plaintiffs respectfully submit the Honorable Court deny Defendant's claim for
Attorney Fees and should, instead, enter an Order similar to the Order that shown in Exhibit "A."
Respectfully Submitted:
COYNE & COYNE, P.C.
Dated: ~ '3 A~.e~
By:
Henry F. Coyne, squire
Pa. S. Ct. No. 0 250
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Attorney for Plaintiffs
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DORIS PATTERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
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vs.
00-794 CIVIL
CIVIL ACTION - LAW
RITE AID CORPORATION,
Defendant
IN RE:. DEFENDANT'S MOTION TO COMPEL
ORDER
AND NOW, this
7" day of March, 2001, for the reasons stated in Slavton v.
Biebel, 37 D&C.4'h, 140 (1998), it is ordered and directed that the defendant may serve
subpoenas upon medical providers so long as the records requested by each such subpoena are
required to be forwarded directly to counsel for the plaintiff.
Counsel for the plaintiff shall promptly review all such subpoenaed records and
documents and forward to counsel for defendant all records which plaintiffs counsel deems to
be those relevant to this proceeding, along with a brief description of the records not provided
and an explanation as to why those records were not provided.
Thereafter, if there are any unresolved disputes regarding the discovery of the
subpoenaed records and documents, counsel for defendant may file an appropriate motion with
the court asking that there be an in camera inspection regarding any records that may be in
dispute so that the court may determine if there is anything that is further discoverable.
BY THE COURT,
EXHIBIT "A"
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CERTIFICATE OF SERVICE
I, Henry F. Coyne, Esquire, hereby certify that true copies of the Plaintiffs' Brief in
Opposition to Defendant's Motion to Compel Compliance with Subpoenas was served this date by
placing a copy of same in the United States Mail, first class, postage prepaid, to the following:
Michael B. Scheib, Esquire
Griffith, Stricker, Lerman, Solymos & Calkins
110 South Northern Way
YorkPA 17402-3737
COYNE & COYNE, P.C.
Dated: ~ A-"" .e-z..
By:
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her hnsband
Plaintiffs
: IN THE COURT OF COMMON nEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
VS.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
PLAINTIFFS' RESPONSE TO DEFENDANT PYNOS'
MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS
AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by
and through their attorney, Coyne & Coyne, P.C. and respond to DefendantPynos' Motion to Compel
Compliance with Subpoenas.
1. Admitted.
2. Admitted.
3. Admitted. By way of further Answer, the Plaintiffs, wife, does not allege she had
preexisting conditions that were aggravated when Defendant's vehicle struck the vehicle
that Plaintiff, wife, was operating.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. Plaintiffs' lack sufficient knowledge upon which to formulate an Answer.
9. Denied. Plaintiffs' lack sufficient knowledge upon which to formulate an Answer.
10. Admitted.
11. Admitted.
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12. Denied. Plaintiffs' counsel reputes that his action interfered with the discovery process.
Further, Plaintiffs Counsel's actions were appropriate to insure the privacy of Plaintiffs,
wife's medical records. Further, Defendant's issuance of Subpoenas sought medical
records not pertinent to treatment of the injuries Plaintiffs, wife suffered as a result of
Defendant's vehicle striking the vehicle that Plaintiff was operating.
13. Admitted.
14. Denied. Refer to Plaintiffs' Answer No. 12, above, that is incorporated herein.
15. Denied. This issue has not been pleaded by Plaintiff and Defendant has not taken
appropriate action, via discovery, to confirm such an event.
16. Admitted. However, it is paramount that Plaintiffs, wife's constitutional right to privacy
not be compromised by medical providers responding to general Subpoenas. Further, the
legal economy dictates that Defendant should be precluded from using general
Subpoenas to discover data not germane to Plaintiffs' pleadings.
17. Denied. Refer to Paragraph 16, above, that is incorporated herein.
18. Denied. It is denied that Defendant suffered additional expenses due to Plaintiffs' letter
to the medical providers who treated Plaintiffs, wife.
Wherefore, Plaintiffs request your Honorable Court to deny Defendant's Motion to Compel
Compliance with the general Subpoena.
Dated:
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Respectfully submitted,
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By:
HENRY F. COYNE
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
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CERTIFICATE OF SERVICE
I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of Plaintiffs'
Response to Defendant Pynos' Motion to Compel Compliance with Subpoenas this date upon the below-
referenced individuals at the below listed address by way of First class mail, postage prepaid:
Michael B. Scheib, Esquire
Griffith, Stricker, Lerman, Solymos & Calkins
110 South Northern Way
YorkPA 17402-3737
Dated:j -z:. tl~ e 'L
, SQUIRE
COYNE & CO ,P.c.
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
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JENNIFER R. STUTTlNG and
GERALD L. STUTTING, her husband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. (}1.IA1~ CIVIL TERM
PAIGE PYNOS
Defendant
: CIVIL ACTION - MOTOR VEmCLE
PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS
To the Prothonotary:
Kindly issue a writ of SU1l1)Ilons in the above-captioned action.
Please forward the writ of summons to the Sheriff of Cumberland County for personal service on
the Defendant at her residence, 4 Harvard Place, Apt. C, Camp Hill, Cumberland County Pennsylvania
17011.
Date: ~.y ~ c.U,{91
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3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
Attorneys for Plaintiffs
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Commonwealth of Pennsylvania
County of Cumberland
JENNIFSR R. STUTTING and
GERALD L. STUTTING, her husband
PAIGE PYNOS
4 Harva.rd Place
Apt. C
Camp Hill, PA 17011
No.
Court of Common Pleas
01-6865 Civil Term
19n__
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Civil Action - Law
In _________________________,_________________,_
To __~~_i_~~_F_~?~,_,__,_______,________________
You are hereby notified that
Jennifer R. Stutting and Gerald L. Stutting, her husband
the Plaintiffs ha Va::ommenced an action in __,.cilliLl\&ti9JL':_k'!'!':'n__n__'_'__n______nn_'___
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
Curtis R. Long
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JENNIFER R AND GERALD L. STUTTING,
Plaintiffs,
Civil Action, Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
PRAECIPE
TO THE PROTHONOTARY
Please enter a Rule upon Jennifer R and Gerald L. Stutting, Plaintiffs, to file a Complaint
within twenty (20) days from the date of the service of this e or suffer Judgment non-pros.
Dated: ,b~ r-, .;LocbL
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By: [~
ROBERT A LE , ES
Attorney for Defendant
Supreme Court I.D, #07490
110 South Northern Way
York, PA 17402
(717) 757-7602
NOW, .......);::1~ n t 7______~_" 2002, RULE ISSUED AS ABOVE,
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DEPUTY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L, STUTTING,
Plaintiffs,
Civil Action - Law
vs,
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Lerman, Esquire and Lisa M, DiBernardo, Esquire,
of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Paige Pynos, in
the above-captioned matter and mark the docket accordingly,
By~~;t{[k~.ur/O
A . D RN 0, ESQUIRE
Supreme Court LD, #56684
110 South Northern Way
York, PA 17402
(717) 757-7602
Dated: November 4, 2001
Attorneys for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JENNIFER R, AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs,
No. 01-6865
PAlGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this 4th day of January, 2002, I, Robert A. Lerman, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date
served a copy of the Praecipe for Entry of Appearance via first-class mail, postage prepaid,
addressed to the party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, p, C
3901 Market Street
Camp Hill, PA 17011-4227
(plaintiffs' Counsel)
GRIFFITH, ST
SOL
obert A. Lerman, EsqUire
Attorney for Defendant, DemUs
Supreme Court J.D. No. 07490
110 South NorthemWay
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
ER, LERMAN,
CALKINS
BY
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-06865 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
STUTTING JENNIFER R ET AL
VS
PYNOS PAIGE
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
PYNOS PAIGE
but was
unable to locate Her in his bailiwick. He therefore returns the
WRIT OF SUMMONS
, NOT FOUND , as to
the within named DEFENDANT
, PYNOS PAIGE
PER POST OFFICE, MOVED LEFT NO FORWARDING.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
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10.40
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10.00
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38.40
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R. 'Thomas
Sheriff of
County
HENRY COYNE
01/07/2002
Sworn and subscribed to before me
this \\ ~ day of M-
J01J;).. A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06865 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STUTTING JENNIFER R ET AL
VS
PYNOS PAIGE
JASON VIORAL
, Sheriff or Deputy Sheriff of
.-..-
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
PYNOS PAIGE
the
DEFENDANT
, at 1928:00 HOURS, on the 19th day of December, 2001
at 326 BOXLER AVENUE
LEMOYNE, PA 17043
by handing to
JASON KINGS BOROUGH , ROOMMATE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
--
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Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
10.40
.00
10.00
.00
38.40
.r~~/:{~.p
R. Thomas Kline
12/20/2001
COYNE & COYNE
Sworn and Subscribed to before
me this it$. day of
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her husband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court our defenses
or objections to the claims set forth against you. You are wamed that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB 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
Two Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
Dated: 2- 'Z.. ~ -& r
By:
HENRY F. CO ,SQUIRE
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
Attorneys for Plaintifft
1
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her hnsband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by
and through their attorneys, Coyne & Coyne, P .C., and avers the following in support of the within
Complaint.
1. Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, are adult individuals
who reside at 38 Spring Lane Road, Dillsburg, York County, Pennsylvania.
2. Defendant, Paige Pynos, is an adult individual who resides at 326 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania.
3. On December 17, 1999, Defendant Paige Pynos owned, controlled and operated a 1994
Dodge Intrepid automobile and was traveling north in the inner lane of U.S. Routes II & 15 at the
vicinity of Camp Hill Shopping Center, Camp Hill, Cumberland County, Pennsylvania.
4. On December 17, 1999, Plaintiff Jennifer R. Stutting was traveling south in the inner
lane on U. S. Routes 11 & 15 at the vicinity of the said Camp Hill Shopping Center, Camp Hill,
Cumberland County, Pennsylvania.
2
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5. On December 17, 1999 Defendant turned her vehicle to the left toward the entrance of
the said Camp Hill Shopping Center; improperly crossed into the southbound lane in front of the vehicle
operated by Plaintiff Jennifer R. Stutting causing Defendant's vehicle to make a violent impact with the
vehicle operated by Plaintiff Jennifer R. Stutting.
6. The collision was due solely to the negligence and carelessness of the Defendant in that:
(a) Defendant operated her motor vehicle in a careless, reckless and negligent
manner;
(b) Defendant operated her motor vehicle without due regard to the right, safety and
position of the Plaintiff, Jennifer R. Stutting;
(c) Defendant failed to use due care under the circumstances;
(d) Defendant failed to keep a proper lookout for Plaintiff Jennifer R. Stutting's
motor vehicle;
( e) Defendant operated her motor vehicle in disregard of the rules of the road and
the laws of the Commonwealth of Pennsylvania; and
(f) Defendant operated her motor vehicle in a careless disregard for the safety of
Plaintiff, Jennifer R. Stutting, in failing to yield the right-of-way to the vehicle
operated by Plaintiff, Jennifer R. Stutting which is in violation of the
Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. Section 3322, as amended).
3
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COUNT NO.1
Jennifer R. Stuttiul!, Plaintiffvs. Pail!e Pynos. Defendant
7. Plaintiff Jennifer R. Stutting incorporates paragraphs 1 through 6 of the Complaint as if
individually set forth within this Count.
8. As a result of the collision of the vehicles, Plaintiff suffered severe injuries to her body
in the nature of bruises to her chin; bruised left bicep; pain in her shoulders, neck and back; pain in her
middle finger; bruises to her shins on both of her legs below the knees; abdominal pain; pain in the top of
her leg; bruises on the top of her head; headaches, spasms and stiffness in her neck; pain in her back
which radiates down both legs; lacerations of her chin; and chronic pain syndrome.
9. Additionally, the Plaintiff Jennifer R. Stutting was rendered sick, sore, lame, prostrate,
and disoriented, and was made to undergo great mental anguish and physical pain from which she
suffered; still suffers and will continue to suffer for an indefinite time in the future.
10. In order to treat and attempt to remedy the aforesaid injuries, Plaintiff has been
compelled to expend various sums of money for medicine and medical attention and care and she will be
required to expend additional sums of money for the same purpose in the future.
11. As a result of Defendant's negligent conduct, Plaintiff continues to receive professional
medical care from the Shepherdstown Family Practice.
12. As a result of Defendant's negligent conduct, Plaintiff was unable to perform her duties
as a secretary at Highmark and was absent from work for a period of time.
WHEREFORE, Plaintiff Jennifer R. Suttting respectfully requests that this Court find in her
favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus
interest and court costs.
4
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COUNT NO. II
Gerald L. Stuttinll, Plaintiff vs. Paille Pynos, Defendaut
13. Plaintiff Gerald L. Stutting incorporates the preceding paragraphs I through 12 of this
Complaint as if individually set forth within this Count.
14. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has been deprived of
the society, companionship, contributions, and consortium of his wife, Jennifer R. Stutting to his great
detriment and loss.
15. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has incurred and will
in the future incur large medical bills and expenses to treat his wife's injuries, which were sustained as a
result of the collision.
16. As a result of Defendant's negligence, Plaintiff has suffered a disruption in his daily
habits and pursuits and a loss of enjoyment oflife's pleasures.
WHEREFORE, Plaintiff Gerald L. Stutting respectfully requests that this Court find in his
favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus
interest and court costs.
Respectfully submitted,
COYNE & COYNE, P.c.
Dated:
Z. 'Z-- ~ .e-V
~
By:
HENRY F. CO , ESQUIRE
3901 Market Street
Camp Hill, P A 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
Attorneys for Plaintifft
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VERlFlCATION
The facts set forth in the foregoing are true and correct to the best of the uncl..mgr-l's
knowledge. information and belief and are verified subject to the penalties for UDSwom
falsification to authorities under 18 Pa. C.S.A. ~4904.
Dated:
1-2l-~z..
Da,t.e :
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Gerald L. stu~ing
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CERTIFICATE OF SERVICE
I, Het1ry F. Coyne, Esquire, of Coyne & Coyne, P .c., hereby certify that true copy of the
foregoing Complaint was served this date upon the below-referenced individual at the below listed
address first class mail, postage pre-paid:
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
Counsel for Defendant
Ms. Paige Pynos
326 Bosler Avenue
Lemoyne, P A 17043
Dated:
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Henry F. Coyne, squire
3901 Market Str et
Camp Hill, PA 17011-4227
(717) 737-0464
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiff.~,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
NOTICE TO PLEAD
TO: Jennifer R. and Gerald L. Stutting
c/o Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
390 I Market Street
CampHill,PA 17011-4227
You are hereby notified to file a written response to the enclosed New Matter within twenty (20)
days from service hereof or a judgment may be entered against you.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
{dfv j}? /!rl-
LISA M. DiBERNARDO, ESQUIRE
Attorney I.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Paige Pynos
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
V5.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
DEFENDANT. PAIGE PYNOS' ANSWER AND NEW
MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, this 13th day of February, 2002, comes the Defendant, Paige Pynos, by and through
her attorneys, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, and files this Answer and
New Matter in response to Plaintiffs Complaint and states as follows:
1. After reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph 1 of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
2. Admitted in part; denied in part. It is admitted that Defendant Pynos is an adult individual.
It is specifically denied, however, that she resides at 326 Bosler Avenue, Lemoyne, Cumberland County, P A,
and strict proof thereof is therefore demanded at the time of trial.
3. After reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph 2 of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
4. After reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph 4 of Plaintiffs , Complaint
and same are denied and strict proof thereof is demanded at the time of trial. To the extent a response is
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deemed necessary, it is specifically denied that Plaintiff, Jennifer R. Stutting was traveling in the "inner lane"
of southbound Routes 11 and 15 in the vicinity of the Camp Hill Shopping Mall and, therefore, strict proofis
therefore demanded at the time of trial. On the contrary, it is believed and therefore averred that Plaintiff
was in the left lane of a two-lane roadway when the accident occurred.
5. After reasonable investigation, Defendant is without knowledge or information sufficientto
form a belief as to the truth or veracity of the allegations contained in paragraph I of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
6. Denied. The allegations raised in paragraph 6 state a conclusion oflaw to which no response
is required. To the extent a response is deemed necessary, it is specifically denied that Defendant was
negligent and/or otherwise careless in the following regards:
a. Defendant operated her motor vehicle in a careless, reckless and negligent manner;
b. Defendant operated her motor vehicle without due regard to the right, safety and position of
the Plaintiff, Jennifer R. Stutting;
c. Defendant failed to use due care under the circumstances;
d. Defendant failed to keep a proper lookout for Plaintiff, Jennifer R. Stutting's motor vehicle;
e. Defendant operated her motor vehicle in disregard of the rules of the road and the laws of
the Commonwealth of Pennsylvania; and
f. Defendant operated her motor vehicle in a careless disregard for the safety of Plaintiff,
Jennifer R. Stutting, in failing to yield the right-of-way to the vehicle operated by Plaintiff,
Jennifer R. Stutting which is in violation of the Pennsylvania Motor Vehicle Code (75
Pa.C.S.A. ~3322, as amended.)
On the contrary, at all times relevant hereto, Defendant, Paige Pynos operated her motor vehicle with
due regard for the rights, safety and position of Plaintiff, Jennifer R. Stutting and otherwise operated her
motor vehicle consistent with the rules of the road and the laws of the Commonwealth of Pennsylvania.
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COUNT I - Jennifer R. Stuttinll, Plaintiffv. Paille Pynos, Defendant
7. Paragraphs I through 6 above of Defendant's Answer to Plaintiffs' Complaint are
incorporated herein by reference as though set forth in full.
8. After reasonable investigation, Defendant is without knowledge or information sufficientto
form a belief as to the truth or veracity of the allegations contained in paragraph 8 of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
9. After reasonable investigation, pefendant is without knowledge or information sufficientto
form a belief as to the truth or veracity of the "llegations contained in paragraph 9 of Plaintiffs' Complaint
and same are denied and strict proof thereof is dem!l1lded at the time of trial.
10. Afterreasonable investig"tion, Pefendant is without knowledge or information sufficientto
form a belief as to the truth or veracity of the allegations contained in paragraph 10 of Plaintiffs ' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
11. After reasonable investigation, Pefendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph II of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
12. After reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph 12 of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendant, Paige Pynos, demands judgment in her favor and against the Plaintiffs,
plus costs and such other and further relief as this Honorable Court deems just and appropriate under the
circumstances.
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COUNT II - Gerald L. StuttinlI. Plaintiffv. PailIe Pynos, Defendant
13. Paragraphs I through 12 above of Defendant's Answer to Plaintiffs' Complaint are
incorporated herein by reference as though set forth in full.
14. Denied. The allegations raised in paragraph 14 state a conclusion of law to which no
response is required. To the extent a response is deemed necessary, afterreasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations
contained in paragraph 14 of Plaintiffs ' Complaint and same are denied and strict proof thereof is demanded
at the time of trial.
15. After reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph 15 of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
16. After reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth or veracity of the allegations contained in paragraph 16 of Plaintiffs' Complaint
and same are denied and strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendant, Paige Pynos, demands judgment in her favor and against the Plaintiffs,
plus costs and such other and further relief as this Honorable Court deems just and appropriate under the
circumstances.
NEW MATTER
17. Paragraphs I through 16 above of Defendant, Paige Pynos' Answer to Plaintiffs' Complaint
are incorporated herein by reference as though set forth in full.
18. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted.
19. No act or failirre to act on the part of Defendant was a substantial factor in bringing about
Plaintiff s alleged injuries and damages.
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20. Plaintiff has not sustained a serious injury as defined by Act 1990-6, 75 Pa.C.S.A. Sect.
1702.
21. Plaintiff s claim for non-economic damages may be barred because Plaintiff has elected the
limited tort option as set forth in Act 1990-6, 75 Pa.C,S.A. Sect. 1705(b)(3)(d).
22. Plaintiff, Jennifer R. Stutting, was contributorily and/or comparatively negligent, which
contributory and/or comparative negligence was a substantial factor in bringing about her alleged injuries
and damages.
23. The instant accident was caused as the direct and proximate result of the negligent, careless
and reckless manner in which Plaintiff, Jennifer R. Stutting, operated her vehicle as follows:
a. Failing to keep alert and maintain a proper watch for the presence of other vehicles
on the roadway;
b. Failing to drive her vehicle with due regard for the highway and traffic conditions
which were existing and, of which she should have been aware;
c. Failing to keep proper and adequate control over her vehicle;
d. Failing to drive at a safe and prudent speed; and
e. Failing to make a proper change of lanes consistent with the requirements of the
Pennsylvania Motor Vehicle Code.
24. Plaintiffs claim is barred in whole or in part by the provisions of the Pennsylvania Motor
Vehicle Financial Responsibility Law.
25. Plaintiff s alleged injury or damages were the result of acts or omissions by third parties over
whom Defendants have no responsibility or control.
26. Defendant, Paige Pynos was confronted with a "sudden emergency."
27. At all times relevant hereto, Defendant, Paige Pynos, acted carefully, lawfully, properly and
prudently, with due care under the circumstances.
28. The injuries and damages that Plaintiff claims she has sustained in this motor vehicle
accident may have pre-existed this accident and were not caused as a result of this accident.
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WHEREFORE, Defendant, Paige Pynos, demands judgment in her favor and against the Plaintiffs,
plus costs and such other and further relief as this Honorable Court deems just and appropriate under the
circumstances.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
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Attorney J.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Paige Pynos
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VERIFICATION
I, Paige Pynos, hereby verify that the statements made in the foregoing Answer and New Matter to
Plaintiffs' Complaint are true and correctto the best of my personal knowledge or information and belief, as
well as reports, records, conferences and other investigatory material made available to me. To the extent
that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or
information is sufficient to form a belief that one or more of them is true, although I am currently unable,
after reasonable investigation, to ascertain which of the inconsistent averments are true.
To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my
Verification is made upon the advice of counsel, upon whom I have relied in the filing this document.
This Verification is made subject to the penalties of 18 Pa. c.s. ~4904 related to unsworn
falsifications to authorities.
Dated: ~. g .0')..
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
~ CERTIFICATE OF SERVICE
AND NOW, this ~ day of February, 2002, I, Lisa M. DiBernardo, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a
copy of the Defendant's Answer and New Matter to Plaintiffs' Complaint, via first-class mail, postage
prepaid, addressed to the party or attorney of record as follows:
Heury F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(Plaintiffs' Counsel)
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY: W67-
LISA M. DiBERNARDO, ESQUIRE
Attorney J.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717)757,7602
Attorney for Defendant, Paige Pynos
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her husband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER
AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by
and through their attorney, Coyne & Coyne, P.C. and aver the following Reply to Defendant's New
Matter.
17. No reply is required as the averments and answers thereto are issued.
18. Denied. It is denied that the Plaintiffs' Complaint fails to state a cause of action upon
which relief can be granted. By way of further Reply, it is alleged the Complaint does state a cause of
action upon which relief should be granted. Strict proof is demanded at trial.
19. Denied. It is specifically averred that Defendant act or failure to act was the sole factor
in bringing about the Plaintiffs' injury and damages. Strict proof is demanded at trial.
20. Denied. It is denied Plaintiff did not suffer serious bodily injuries. On the contrary the
Plaintiff did suffer serious bodily injuries. Strict proof is demanded at trial.
21. Denied. It is denied that Plaintiffs' claim for non-economic damages is limited by
Plaintiffs' election for limited tort. Strict proof is demanded at trial.
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22. Denied. It is denied that the Plaintiff, Jennifer Stutting is contributory and/or
comparatively negligent which negligence was a substantial factor in bring about her injuries and
damages. Strict proof is demanded at trial.
23. Denied. The allegations inserted in this paragraph state conclusions of law to which no
replies are required. To the extent that Replies are deemed necessary, it is specifically denied that the
Plaintiff, Jennifer R. Stutting was negligent, careless and reckless in operating her vehicle and alleged
actions were the direct and proximate cause of the motor vehicle impact. It is specifically denied that
Jennifer R. Stutting was negligent, careless and reckless in the following regards:
(a) Failing to keep alert and maintain proper watch for the presence of other vehicles on the
roadway.
(b) Failing to drive her vehicle with due regard for the highway and traffic conditions which
were existing and, of which she should have been aware.
(c) Failing to keep proper and adequate control over her vehicle.
(d) Failing to drive at a safe and prudent speed.
(e) Failing to make proper changes ofline consistent with the requirement of the
Pennsylvania Motor Vehicle Code.
By way of further reply, strict proof is demanded at trial.
24. Denied. It is denied the Plaintiffs' claim is barred in whole or in part by the provisions
of the Pennsylvania Motor Vehicle Financial Responsibility Law. Strict proof is demanded at trial.
,
25. Denied. Plaintiffs lack sufficient knowledge upon which to formula~ a Reply and the
allegation is denied. Strict proof is demanded at trial.
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26. Denied. It is denied that Defendant was confronted with a "Sudden Emergency." By
was of further Reply, the "sudden emergency doctrine" is not applicable to the facts in this case. Strict
proof is demanded at trial.
27. Denied. It is denied that the Defendant acted carefully, lawfully, properly and prudently
and due care under the circumstances. Strict proof is demanded at trial.
28. Denied. It is denied that the Plaintiffs' injuries and damages sustained in this motor
vehicle impact were not caused by the motor vehicle impact itself. By way of further Reply, the injuries
and damages were caused by the Defendant's negligence which, in turn, caused the motor vehicle
impact. Further it is averred that the motor vehicle impact may have aggravated or exasperated some
conditions that the Plaintiff, Jennifer R. Stutting, may have had prior to the motor vehicle impact. Strict
proof is demanded at trial.
WHEREFORE, the Plaintiffs demand judgment in their favor and against the Defendant plus
interest, docket costs and other relief that this Honorable Court deems just and appropriate.
Respectfully submitted,
COYNE & COYNE, P.C.
Dated: ~~'Q-z....
By:
HENRY F. CO , ESQUIRE
3901 Market Stre t
CampHill,PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
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VERIFICATION
The facts set forth in the foregoing are true and correct to the best of the undersigned's
knowledge, information and belief and are verified subject to the penalties for unsworn
falsification to authorities under 18 Pa. C.S.A.. S 4904.
Dated:
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CERTIFICATE OF SERVICE
I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of Plaintiffs'
Reply to Defendant's New Matter was served this date upon the below-referenced individuals at the
below listed address by way of First class mail, postage prepaid:
Lisa M. DiBernardo, Esquire
Griffith, Stricker, Lerman, Solymos & Calkins
110 South Northern Way
YorkPA 17402-3737
Dated: ~ 1 r..Jr.. 4'2..-
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3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa.S.Ct.No.06250
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her husband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
PLAINTIFFS' ANSWERS TO FIRST SET OF INTERROGATORIES
OF DEFENDANT'S TO PLAINTIFFS' - SET NO. 1
1. Please state your full name, date of birth and present address.
ANSWER:
Jennifer R. Stutting
September 12, 1974
38 Spring Lane Road, Dillsburg, PA 17019
2. Please identify your current employer by name and address, state your job title, describe ,
your employment duties and responsibilities and state your current income, hourly and/or weekly and/or
monthly and/or annually.
ANSWER:
Highmark, P. O. Box 890089, Camp Hill, PA 17089-0089
Other Party: Liability - Clerk (OPL)
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$19,853.00 Annually - $10.16/Hourly
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3. Please identify your employers for the past five years, providing the same information
requested for each employer as requested in Interrogatory No.2 above.
ANSWER:
Same as No.3, above.
4. What is your social security number?
ANSWER:
192-54-1551
5. Describe any and all accidents anP/or personal injuries and/or disabilities and infirmities
you have suffered before the accident herein sued upon, giving the date, place, and parties involved in
each such accident. (A referral to attached medical records shall not constitute a sufficient response to
this interrogatory.)
ANSWER:
None
6. State the names and addresses of all' doctors and hospitals where you have been treated
either as in-patient or out-patient for the past ten years preceding the date of this accident, the nature of
the ailment, illness, or other reason, for which such doctor was consulted, and give the approximate
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dates, designating each. (A referral to attached medical records shall not constitute a sufficient response
to this interrogatory.)
ANSWER:
(a) Brian E. Cohen, M.D.
1 Lemoyne Square
Lemoyne, PA 17043
Tubal Ligation at Harrisburg Hospital, PA
(b) Shepherdstown Family Practice
2140 Fisher Road
Mechanicsburg, PA 17055
Primary Family Medical Doctor (1994 to Present)
7. Of your own knowledge, what injuries did you receive in the accident involved in this
case?
ANSWER:
Refer to Paragraph 8 of the Complaint;plus aggravation of
inflammatory lower bowel syndrome and eating disorder.
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8, Please set forth the full name and address of each and every doctor, hospital or other
medical person who has attended or examined you as a result of the within accident and the sums of
money paid and/or owing to each for services to you. (A referral to attached medical records shall not
constitute a sufficient response to this interrogatory.)
ANSWER:
(a) Shepherdstown Family Practice
2140 Fisher Road
Mechanicsburg, PA 17055
(b) Bowmansdale Family Practice
1 Kacy Court, Suite 101
Mechanicsburg, PA 17055
(c) Neurology Center, P.C.
857 Poplar Church Road
Camp Hill, PA 17011
(d) Emergency Room & Radiology
Holy Spirit Hospital
North 21st Street
Camp Hill, PA 17011
(e) Orthopedic Institute of Central PA, Ltd
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99 November Drive
Camp Hill, PA 17011
(f) PA Spine Institute
William Beuter, Jr. M.D.
805 Sir. Thomas Court
Harrisburg, PA 17019
(g) Grandview Office Center
179 Lancaster Boulevard
Mechanicsburg, PA 17055
(h) Health South
175 Lancaster Boulevard
Mechanicsburg, PA 17055
(i) Physicians of Spinal Rehabilitation,
Industrial and Spine Medicine" P.C.
450 Poplar Church Road
Camp Hill, PA 17011
(j) McCuen & Associates Physical Therapy, P. C.
240 Grandview Avenue, Suite 101
Camp Hill, PA 17011
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(See Exhibit "A," dated 1/23/02 for itemization of
partial expenditures)
9. On what date did you last work prior to the accident which is the subject of this
litigation?
ANSWER:
December 17, 1999.
10. If you have returned to work, either on a full-time or part-time basis, when did you
return and state whether the return has been to full-time or part-time employment, and specifically, what
amount of time have you lost from your regular place of employment and state exactly how much
income you claim you lost as a result of this accident, from the date of said accident up to and including
the present?
ANSWER:
Jennifer will obtain data from employer.
(See Exhibit "B," dated 2/18/02 attached hereto)
11. Of your own knowledge, will it be necessary for you to have future medical treatment by
reason of the within accident and, if so, who advised you of the need for treatment and describe the type
of treatment discussed.
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I still experience pain in my back and in my left leg. Dr.
Builter, M.D. said I fractured the disc but it did not touch my spinal --
nerve. In the future I may require a spinal fusion. Future medical
treatment is unknown at the present time.
12. Descnbe any and all accidents and/or personal injuries you have suffered since
the accident here sued upon, giving dates, time and place, parties involved and injuries involved.
ANSWER:
(a) Fracture to left foot occurred when I tripped at rear
door of my residence on December 13, 2001.
(b) I was going north on U. S. Route 11 & 15 in the inner
lane; I stopped behind traffic at"a traffic signal,my vehicle was
struck from behind by Mark Connelly on November 14, 2001. (See Camp
Hill Police Department Accident Report No. 200-243, attached)
13. Do you know of any person who witnessed the alleged occurrence or who has any
knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities,
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damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being
made in this action? If so, for each person, state:
(a) the name and last,known address;
(b) a detailed description of the relevant facts known;
(c) whether written or otherwise recorded statement has been taken, and, if so, the
name and address of the person taking the statement and the person in present custody of the statement;
and
(d) if you will do so without. a Motion to Produce, attach a copy of each statement to
your Answers to these Interrogatories.
ANSWER:
See Camp Hill Borough Police Accident Report No. 99-283,
attached.
14. State the name, address, occupation and field of specialization, if any, of each person
whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the
expert is expected to testify.
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Unknown at the present time.
15. Set forth the qualifications of all those persons listed in the Answer to the preceding
Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including
years of attendance and degrees or certifications received; experience in particular fields, including
names and addresses of employers with inclusive years of employment and positions held; teaching
positions or other affiliations; and a list of all publications authored by said persons, including the title of
the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu
of answering this Interrogatory, please attach a copy of each experts Curriculum Vitae or resume.)
ANSWER:
Not Applicable
16, Set forth the facts to which each expert you have listed is expected to testify.
ANSWER:
Not Applicable
17. Set forth the opinions to which each such expert is expected to testify.
ANSWER:
Not Applicable
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18. At the time oftbis accident, were you covered by any policy of insurance which
protected against the loss which is the subject of this action including but not limited to health insurance
and/or disability insurance? If so, state for each such policy:
(a) the name, principal place of business and telephone number of the insurer;
(b) the name, address and telephone number of the named insured;
(c) the policy number;
(d) the effective dates of coverage;
(e) the amount of coverage, specifying the terms thereof
ANSWER:
(a) State Farm Fire and Casualty Insurance, One State Farm ~,
Drive, Concordville, PA 19339, (717) 766-1331
(b) Gerald R. Stutting, Jr., 38 Spring Lane Road,
Dillsburg, PA 17019, (717) 432-7860
(c) Policy No. S92 3912-E14-38J 000
Claim No.38J464-702
(d) Unknown
(e) Unknown
19. Identify by name, address, and subject matter of testimony all trial witnesses you intend
to call.
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ANSWER:
Plaintiffs at the present time and possibly Estrella Masson,
1196 Knisely Road, Camp Hill, PA 17011.
20. Describe the footwear you were wearing at the time of your fall
ANSWER:
Plaintiff, as a result of the impact, did not suffer a fall.
21. Have you, at any time, or are you currently preparing or maintaining any records, notes,
logs, ledgers or diaries that in any way describe your injuries, treatments, or activities since the accident?
ANSWER:
Yes, however documents were given to my legal counsel,
Attorney Henry F. Coyne.
JENNIFER R. STUTTING
GERALD L. STUTTING
11
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The facts set forth in the foregoing are true and correct to the best of the undersigned's ,
knowledge, information and belief and are verified subject to the penalties for unsworn
falsification to authorities under 18 Pac C.S.A.. 9 4904.
Dated:
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I, Henry F. Coyne, Esquire, hereby certify that true copies of the Plaintiffs' Answer to
Defendant's Interrogatories have been served upon the below-referenced individuals by sending the same
by first class mail, postage prepaid, addressed as follows:
Lisa M. DiBernardo, Esquire
Griffith, Stricker, Lerman, Solymos & Calkins
110 South Northern Way
YorkPA 17402-3737
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COYNE & COYNE, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa.S.Ct.No.06250
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND ?-lOW, this 5th day of April, 2002,!, Lisa M. DiB~mardo, a member cfthe fl.'111 ofGFJFFITH,
STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the
Defendant's Answers to Plaintiffs' Interrogatories, via first-class mail, postage prepaid, addressed to the
party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, P A 17011-4227
(Plaintiffs' Counsel)
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
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LISA M. DiBERNARDO, ESQUIRE
Attorney I.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Paige Pynos
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this 23" day of May, 2002, I, Lisa M. DiBernardo, a member ofthe firm of GRIFFITH,
STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of
Defendant's Request for Production of Documents, Set No. I to Plaintiffs, via first-class mail, postage
prepaid, addressed to the party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
390 I Market Street
Camp Hill,PA 17011-4227
(Plaintiffs' Counsel)
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
LISA M. DiBERNARDO, ESQUIRE
Attorney I.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Paige Pynos
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IN THE COURT OF COMlvlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P.I012
TO THE PROTHONOTARY:
Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorneys for the Defendant, Paige Pynos, in the above-captioned matter and
mark the docket accordingly.
GRIFFITH, STRICKLER, LERMAN,
By 'iJ);AlJ
MICHAEL B. SCHEIB, ESQUIRE
Supreme Court I.D. #63868
110 South Northern Way
York, PA 17402
(717) 757-7602
Dated: June(b 2002
Attorneys for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this l.:L day of June, 2002, I, Michael B. Scheib, a member of the firm of
GRlFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date
served a copy of the Praecipe for Entry of Appearance via first-class mail, postage prepaid,
addressed to the party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(Plaintiffs' Counsel)
GRlFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
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Michael B. Scheib, Esquire
Attorney for Defendant, Paige Pynos
Supreme Court J.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Lisa M. DiBernardo, Esquire, as attorney for the Defendant,
Paige Pynos, in the above-entitled matter and mark the docket accordingly.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
t~L---
BY:
LISA M. DiBERNARDO, ESQUIRE
Attorney J.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Paige Pynos
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this \1' day of June, 2002, I, Lisa M. DiBernardo, a member of the firm of GRIFFITH,
STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of
Praecipe for Withdrawal of Appearance, via first-class mail, postage prepaid, addressed to the party or
attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(Plaintiffs' Counsel)
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
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LISA M. DiBERNARDO, ESQUIRE
Attorney LD. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Deferidant, Paige Pynos
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE PURSUANT TO
LOCAL RULE 206-2
I, Michael B. Scheib, have sought the concurrence of Attorney Coyne. See
letter dated July 8, 2002 attached hereto. His response is attached hereto. Thus,
the motion was necessary.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
wJJtc~
MICHAEL B. SCHEIB, ESQUIRE
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Pynos
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LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
ROBERT M, STRICKLE:R
ROBERT A, LERMAW
PETER D. SOL YMOS
CHARLES B. CALKINS
PAUL G, LUTZ"
MICHAEL B. SCHEIB*
ROBERT H, GRIFFITH - OF COUNSEL
110 S, NORTHERN WAY
YORK PENNSYLVANIA 17402-3737
, TELEPHONE: (717) 757.7602
FAX: (717) 757-3783
EMAIL: infQ@cslsc.cQIT!
ANN MARGARET GRAB
THOMAS B. SPONAUGLE
WAYNE E. BRADBURN, JR
KRIST\ A, GOHN
Michael B. Scheib's EMA1L: Mscheibl'Ciloslsc,cam
OAiso Member MD Bar
"LL,M (Taxation); also Member CT Bar
*Also Member NY and D.C, Bars
COpy
July 8, 2002
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
RE: Jennifer R. and Gerald L. Stuttinq v. Paiqe Pvnos
Cumberland County C.C.P. No. 01-6865 Civil Term
Dear Mr. Coyne:
I am in receipt of your fax dated June 28, 2002.
You are absolutely correct that the subpoenas do not limit the request for
documents to records which relate to the treatment Ms. Stutting received in the December
17, 1999 motor vehicle accident. My intention is to obtain all of Ms. Stutting's records. I
would like to know whether she has any pre-existing problems. Furthermore, I would like
to know if she has had any subsequent accidents or injuries.
I respectfully request that you formally withdraw your objection. If you do not
withdraw the objection I will have no recourse but to file a Motion to Compel with the
Court.
Please contact my office so that we can discuss the same and determine how I
must proceed.
Very truly yours,
MICHAEL B. SCHEIB
MBS/pynos.ltr.vds
bcc: Stephen Granoff, CPCU, Litigation Specialist/Erie Insurance Group
Claim No.: 010950234196
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COYNE & CGYNE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Henry F. Coyne
Lisa Marie Coyne
3901 Market Street
Camp Hill, Pennsylvania
17011,4227
717-737,0464
Fax: 717-737,5161
July 19,2002
Michael B. Scheib, Esquire
Girffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York,PA 17402-3737
Re: Jennifer R. and Gerald L. Stutting, Plaintiffs
v. Paige Pynos, Defendant
No. 01-6865 Civil Term (Cumberland County)
Dear Mr. Scheib:
1 represent the Plaintiffs.
,
1 received your memos, dated June 28 and July 8, 2002.
You and I had a teleconference on July 8, 2002 in which I told you I would confer with my
clients and seek clarification regarding "Health South Rehabilitation Center" of Mechanicsburg, P A.
During our teleconference noted above, I told you we would resist your efforts to obtain all of
Mrs. Stutting's medical recorps.
Very truly yours,
HFC/amd
%~CO~
HenryF.C~ ~
Cc: Mr. and Mrs. Gerald L. Stutting, w/encl.
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JENNIFER R. AND GERALD L.
STUTTING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6865 CIVIL
vs.
PAIGE PYNOS,
Defendant
CIVIL ACTION - LAW
IN RE: DEFENDANT'S MOTION TO COMPEL
ORDER
.
AND NOW, this ~ day of August, 2002, a brief argument on the within motion to
compel is set for Thursday, August 29, 2002, at 3:00 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, P A.
BY THE COURT,
.J
Henry F. Coyne, Esquire
For the Plaintiffs
Michael B. Scheib, Esquire
For the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
ORDER
UPON Consideration of Defendant pynos' Motion to Compel Compliance
With Subpoenas, and the record herein, the Motion is GRANTED.
:'1l
It is ORDERED that the custodian of records shall produce all documents in
his or her possession which relate to Jennifer Stutting within 20 days of receipt of
this Order. The custodian of records should ignore Attorney Coyne's letter dated
June 27, 2002. Failure to produce the records within that time may result in
sanctions.
Further, it is ORDERED that Attorney Coyne's letter was improper. Attorney
Coyne is directed to pay Defendant's attorneys' fees in the amount of $500.00.
Date Judge
cc: Attorney Henry Coyne
Attorney Michael B. Scheib
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
DEFENDANT PYNOS' MOTION TO COMPEL
COMPLIANCE WITH SUBPOENAS
1 . This lawsuit arises out of a motor vehicle accident which occurred on
December 17, 1999.
2. Plaintiff initiated the lawsuit with the filing of a Writ of Summons on
December 4, 2001. Plaintiff filed a Complaint on January 23, 2002.
3. In the Complaint, Plaintiff Jennifer Stutting alleges that as a result of
the motor vehicle accident, she has suffered "severe injuries to her body in the
nature of bruises to her chin; bruised left bicep; pain in her shoulders, neck and
back; pain inthe top of her leg; bruises on the top of her head; headaches, spasms
and stiffness in her neck; pain in her back which radiates down both legs;
lacerations of her chin; and chronic pain syndrome". (See No.8 of Plaintiff's
Complaint which is attached hereto as Exhibit 1)
4. Counsel for Defendant has attempted to obtain Plaintiff's medical
records. On April 29, 2002, Defendant served Plaintiff with a Notice of Intent to
Serve Subpoenas. Pursuant to Pa.R.Civ.P. 4009.21, Plaintiff had 20 days to file
any objection. Plaintiff did not file any objection within the 20-day period with
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either the Court or Defense counsel. (The Notice of Intent is attached hereto as
Exhibit 2)
5. On May 31,2002, Defendant requested the Cumberland County
Prothonotary's Office to issue the subpoenas. Prior to this time, Plaintiff did not
file any objections.
6. On June 5, 2002, Defendant served eleven (11) subpoenas on Plaintiff
Stutting's health care providers. The subpoenas requested the custodian of
records to produce Plaintiff's Stutting's medical records within 20 days. (A
subpoena and a letter to a health care provider is attached as Exhibit 3)
7. On July 1, 2002, Plaintiff's counsel faxed a letter to Defense counsel.
For the first time, Plaintiff's counsel registered an objection to the subpoenas. In
addition, Plaintiff's counsel attached a copy of the letters he had sent to the health
care providers. The letter to the health care providers is dated June 27, 2002 and
directs the health care providers not to "release any documents or things per the
subpoenas". (See fax attached as Exhibit 4)
8. Since that time, several health care providers have indicated that they
cannot produce records in response to the subpoenas because of Plaintiff's
counsel's letter. (See letter attached as Exhibit 5)
9. The subpoenas were properly issued by the Cumberland County
Prothonotary's Office and properly served by Defense counsel.
10. Pursuant to Rule 234.5, Defense counsel could file a motion to compel
against every health care provider who has not produced Plaintiff Stutting's
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someone in contempt.
11 . Defense counsel believes that the health care providers have not
produced the records because of Attorney Coyne's June 27, 2002 letter. Thus,
Defendant has elected to file this Motion.
1 2. Attorney Coyne did not file a timely objection to the subpoenas.
Rather, he has written to each health care provider and instructed them to ignore a
valid subpoena. In essence, Attorney Coyne has interfered with the discovery
process and has advised individuals to ignore the Pa. Rules of Civil Procedure.
13. Even if the objection was timely, the objection has no merit. Attorney
Coyne has requested that the subpoenas be ignored because they do not limit the
request to records which relate to the motor vehicle accident of December 1999.
14. Ms. Stutting alleges that she suffered a multitude of problems because
of the motor vehicle accident. What injuries and what treatment she received as a
result of the motor vehicle accident will be the topic of expert testimony. To fully
understand what injuries Plaintiff received because of the motor vehicle accident,
defense medical experts will need to know Plaintiff's pre-existing problems and
conditions. Similarly, defense medical experts will need to know what treatment
Ms. Stutting received prior to the motor vehicle accident.
15. In addition, Ms. Stutting was involved in a subsequent motor vehicle
accident. The experts may disagree as to what injuries, if any, were caused by
the 1 999 motor vehicle accident and what injuries were caused by the subsequent
motor vehicle accident.
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alleges are not related to the alleged 1999 motor vehicle accident, then Plaintiff's
counsel may file a motion in limine and request the Court for an Order precluding a
witness from discussing these items at the time of trial.
17. Defendant files this Motion and requests the Court for an Order
instructing the health care providers to ignore Attorney Coyne's letter of June 27,
2002 and to produce all records for Jennifer Stutting within 20 days.
18. Defendant has incurred additional expenses because of the Plaintiff's
counsel's letter. Defendant requests the Court to order Plaintiff's counsel to pay
Defendant's legal fees associated with this matter of $500.00.
WHEREFORE, Defendant Pynos respectfully requests this Honorable Court to
grant the Motion to Compel Compliance with Subpoenas.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
MICH EL B. CHEIB, ESQUIRE
Attorney 1.0. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Pynos
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JENNIFER R. AND GERALD 1. STUTTING,
Plaintiffs,
Civil Action - Law
YS.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, thiS~y of July, 2002, I, Michael B. Scheib, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date
served a copy of Defendant Pynos' Motion To Compel Compliance With Subpoenas via first-class
mail, postage prepaid, addressed to the party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(plaintiffs' Counsel)
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
Ml Soh< ~ lliq;;"
Attorney for Defendant, Paige Pynos
Supreme Court l.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
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JENNIFER R. STUTTlNG and
GERALD L. STUTTlNG, her husband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to, defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court our 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
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
Dated: 2. -z.. ~ -& r
By:
HENRYF.CO ,SQUIRE
3901 Market Street
CampHill,PA 17011-4227
(717) 737-0464
....Pao K-Gt;-Noo-06250--
Attorneys for Plaintiffs
1
TRUE COpy PROM RECORD
m Talliimony wnerel'lt, I here unto set my hand
MIa the se~t said Court at Carlisle.
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JENNIFER R. STUTTING and
GERALD L. STUTTING, her husband
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-6865 CIVIL TERM
PAIGE PYNOS,
Defendant
: CIVIL ACTION
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES the Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, by
and through their attorneys, Coyne & Coyne, P .C., and avers the following in support of the within
Complaint.
1. Plaintiffs, Jennifer R. Stutting and Gerald L. Stutting, her husband, are adult individuals
who reside at 38 Spring Lane Road, Dillsburg, York County, Pennsylvania.
2, Defendant, Paige Pynos, is an adult individual who resides at 326 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania.
3. On December 17, 1999, Defendant Paige Pynos owned, controlled and operated a 1994
Dodge Intrepid automobile and was traveling north in the inner lane of V.S, Routes 11 & 15 at the
vicinity of Camp Hill Shopping Center, Camp Hill, Cumberland' County, Pennsylvania.
4, On December 17, 1999, Plaintiff Jennifer R. Stutting was traveling south in the inner
lane on U. S. Routes 11 & 15 at the vicinity of the said Camp Hill Shopping Center, Camp Hill,
Cumberland County, Pennsylvania.
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5. On December 17, 1999 Defendant turned her vehicle to the left toward the entrance of
the said Camp Hill Shopping Center; improperly crossed into the southbound lane in front of the vehicle
operated by Plaintiff Jennifer R. Stutting causing Defendant's vehicle to make a violent impact with the
vehicle operated by Plaintiff Jennifer R. Stutting.
6. The collision was due solely to the negligence and carelessness of the Defendant in that:
(a) Defendant operated her motor vehicle in a careless, reckless and negligent
manner;
(b) Defendant operated her motor vehicle without due regard to the right, safety and
position of the Plaintiff, Jennifer R. Stutting;
(c) Defendant failed to use due care under the circumstances;
(d) Defendant failed to keep a proper lookout for Plaintiff Jennifer R. Stutting's
motor vehicle;
( e) Defendant operated her motor vehicle in disregard of the rules of the road and
the laws of the Commonwealth of Pennsylvania; and
(f) Defendant operated her motor vehicle in a careless disregard for the safety of
Plaintiff, Jennifer R. Stutting, in failing to yield the right-of-way to the vehicle
operated by Plaintiff, Jennifer R. Stutting which is in violation of the'
Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. Section 3322, as amended).
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COUNT NO.1
Jennifer R. Stuttinl!, Plaintiff vs. Pail!e Pvnos., Defendant
7. Plaintiff Jennifer R. Stutting incorporates paragraphs 1 through 6 of the Complaint as if
individually set forth within this Count.
8. As a result of the collision of the vehicles, Plaintiff suffered severe injuries to her body
in the nature of bruises to her chin; bruised left bicep; pain in her shoulders, neck and back; pain in her
middle finger; bruises to her shins on both of her legs below the knees; abdominal pain; pain in the top of
her leg; bruises on the top of her head; headaches, spasms and stiffuess in her neck; pain in her back
which radiates down both legs; lacerations of her chin; and chronic pain syndrome.
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9.
Additionally, the Plaintiff Jennifer R. Stutting was rendered sick, sore, lame, prostrate,
and disoriented, and was made to undergo great mental anguish and physical pain from which she
suffered; still suffers and will continue to suffer for an indefinite time in the future.
10. In order to treat and attempt to remedy the aforesaid injuries, Plaintiff has been
compelled to expend various sums of money for medicine and medical attention and care and she will be ,
required to expend additional sums of money for the same purpose in the future.
11, As a result of Defendant's negligent conduct, Plaintiff continues to receive professional
medical care from the Shepherdstown Family Practice.
12. As a result of Defendant's negligent conduct, Plaintiff was unable to perform her duties
as a secretary at Highmark and was absent from work for a period of time.
WHEREFORE, Plaintiff Jennifer R. Suttting respectfully requests that this Court find in her
favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus
interest and court costs.
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COUNT NO. IT
Gerald L. Stnttinl!, Plaintiff vs. Pail!e Pvnos, Defendant
13. Plaintiff Gerald L. Stutting incorporates the preceding paragraphs 1 through 12 of this
Complaint as if individually set forth within this Count,
14. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has been deprived of
the society, companionship, contributions, and consortium of his wife, Jennifer R. Stutting to his great
detriment and loss.
15. As a result of Defendant's negligence, Plaintiff Gerald L. Stutting has incurred and will
in the future incur large medical bills and expenses to treat his wife's injuries, which were sustained as a
result of the collision.
16. As a result of Defendant's negligence, Plaintiff has suffered a disruption in his daily
habits and pursuits and a loss of enjoyment oflife's pleasures.
WHEREFORE, Plaintiff Gerald L. Stutting respectfully requests that this Court find in his
favor and against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), plus
interest and court costs.
Respectfully submitted,
COYNE & COYNE, P.C.
Dated:
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By:
HENRYF. CO ,ESQUIRE
3901 Market Street
, n----GampHill,-P k17011-4227
(717) 737-0464
Pa. S. Ct. No. 06250
Attorneys for Plaintiffs
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VERlFICATION
The facts set forth in the foregoing are true and coxrect to the best of the unO~gJ1M's
knowledge. infoonation and belief and are verifuid subject to the penalties for unswom
falsification to authorities under 18 Fa. C.SA. 24904.
Dated:
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Gerald L. Stutrfing
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CERTIFICATE OF SERVICE
I, Henry F. Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the
foregoing Complaint was served this date upon the below-referenced individual at the below listed
address fIrst class mail, postage pre-paid:
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York,PA 17402
Counsel for Defendant
Ms. Paige Pynos
326 Bosler Avenue
Lemoyne, P A 17043
Dated:
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Henry F. Coyne, squire
3901 Market Str et
CampHill,PA 17011-4227
(717) 737-0464
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LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
ROBERT M. STRICKLER
ROBERT A. LERMANO
PETER D. SOL YMOa
CHARLES B. CALKINS
PAUL G. LUTZ"
MICHAEL B, SCHEIB*
110 S. NORTHERN WAY
YORK, PENNSYLVANIA 17402,3737
TELEPHONE: (717) 757-7602
FAX: (717) 757.3763
EMAIL: irlfollilaslsc.com
Lisa M. DiBernardo's EMAIL: Ldibernardo@oslsc.com
ROBERT H, GRIFFITH. OF COUNSEL
OAlso Member MD BSlr
"LL.M (Taxation); alse, Member CT Bar
"Afso Member NY and D.C. Bars
April 29, 2002
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
RE: Jennifer R. and Gerald L. StuttiB!! v. Pail!e Pvnos
Cumberland County C.C.P. No. 01-6865 Civil Term
Dear Henry:
Enclosed please fmd a Notice of Intent to Serve Subpoenas on the following:
1. Brian E. Cohen, M.D.;
2. Shepherdstown Family Practice;
3. Bowmansdale Familiy Practice;
4. Urology Center, P.C.;
5. Holy Spirit Hospital;
6. Orthopedic Institute of P A;
7. Pennsylvania Spine Institute;
8, Grandview Office Center;
9. HealthSouth Rehabilitation;
10. Physicians of Spinal Rehabilitation, Industrial and Spine Medicine, P.C.;
11. McCuen and Associates Physical Therapy, P .C.;
12. State Farm Fire and Casualty Insurance;
13. High Mark; and
14. Camp Hill Police Department. ,
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ANN MARGARET GRAB
USA M, DiBERNARDO
THOMAS B, SPONAUGLE
WAYNE E. BRADBURN, JR.
KRISTl A. GOHN
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April 29, 2002
Please advise if you will waive the 20 day notice. I will, of course, provide you with copies of all records
received.
Very truly yours,
LISA M. DiBERNARDO
vds/pynoswp.ltr
Enclosure
bcc: Stephen Granoff, CPCU, Litigation Specialist/Erie Insurance Group
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IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Lisa M. DiBemardo, Esquire, counsel for Defendant, Paige Pynos, intends to serve subpoenas
identical to the ones that are 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 subpoenas. If no objection is
made, the subpoenas may be served.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
Ct e--Q-- ,
ISA M. DiBERNARDO, ESQUIRE
Attomey J.D. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attomey for Defendant, Paige Pynos
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAlGEPYNOS,
Defendant.
Jury Trial Demanded
TO: Brian E. Cohen, M.D., 1 Lemoyne Square, Lemonye, P A 17043
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records. reports. notes. charts. memoranda.
medical bills. X-ray reports. correspondence and other documentation pertaininq to Jennifer R.
Stuttina. DOB - September 12.1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northem Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Pla.intiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: Shepherdstown Family Practice, 2140 Fisher Road, Mechanicsburg, P A 17055
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records. reports, notes. charts, memoranda,
medical bills, X-ray reports. correspondence and other documentation pertaininQ to Jennifer R.
StuttinQ, DOB - September 12, 1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: Bowmansdale Familiy Practice, 1 Kacy Court, Suite 101, Mechanicsburg, PA 17055
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records. reports. notes. charts. memoranda,
medical bills. X-ray reports. correspondence and other documentation pertainina to Jennifer R.
8tuttina. DOe - September 12.1974: 88 No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
TO: Urology Center, P.C. Or Neurology, 857 Poplar Church Road, Camp Hill, PA 17011
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: anv and all records. reports. notes. charts. memoranda.
medical bills. X-rav reports. correspondence and other documentation pertain!n!:! to Jennifer R.
Stullin!:!. DOB - September 12.1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: Holy Spirit Hospital, North 21st Street, Camp Hill, PA 17011
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records. reports. notes. charts. memoranda.
medical bills. X-ray reports. correspondence and other documentation pertainina to Jennifer R.
Stuttina. DOS - September 12,1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York. PA 17402
(717) 757-7602
Supreme Court 1.0. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: Orthopedic Institute ofPA, 99 November Drive, Camp Hill, PA 17011
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: anv and all records. reports. notes. charts. memoranda.
medical bills. X-rav reports. correspondence and other documentation pertainin!:! to Jennifer R.
Stutting, DaB - September 12.1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court !.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
TO: Pennsylvania Spine Institute, (William Bueter, Jr., M.D.)
805 Sir Thomas Court, Harrisburg, PA 17019
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records, reports. notes. charts. memoranda.
medical bills. X-ray reports, correspondence and other documentation pertainina to Jennifer R.
Stuttin!:!, DOB- September 12,1974: SS No. 192-54-1551.
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 (!If 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:
Lisa M. DiBernardo. Esquire
Griffith, Strickler. Lerman. Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
TO: Grandview Office Center, 179 Lancaster Boulevard, Mechanicsburg, P A 17055
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: anv and all records, reports, notes. charts, memoranda,
medical bills. X-rav reports. correspondence and other documentation pertainin!:! to Jennifer R.
8tuttin!:!, DOB - September 12,1974: S8 No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
By:
Date:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
TO: HealthSouth Rehabilitation, 175 Lancaster Boulevard, Mechanicsburg, PA 17055
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records. reports. notes. charts. memoranda.
medical bills. X-ray reports. correspondence and other documentation pertainina 10 Jennifer R.
Stuttinr.l. DaB - September 12,1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action" Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: Physicians of Spinal Rehabilitation, Industrial and Spine Medicine, P.c.
450 Poplar Church Road, Camp Hill, PA 17011
Within 1WENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: anv and all records. reports. notes. charts. memoranda,
medical bills. X-rav reports. correspondence and other documentation pertainin!:! to Jennifer R.
Stultina. DaB - September 12.1974: SS No. 192-54-1551.
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:
Lisa M. DiBemardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northem Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN TfIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
TO: McCuen and Associates Physical Therapy, P.C.
240 Grandview Avenue, Suite 101, Camp Hill, PA 17011
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records. reports. notes. charts. memoranda.
medical bills. X-raY reports. correspondence and other documentation pertainin!:! to Jennifer R.
Stuttina. DaB - September 12.1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo. Esquire
Griffith, Strickler. Lerman, Solymos & Calkins
110 S. Northern Way
York. PA 17402
(717) 757-7602
Supreme Court J.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: State Farm Fire and Casualty Insurance, 1 State Farm Drive, Concordville, PA 19339
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all insurance records. reports. notes, charts,
memoranda. medical information. correspondence. photoaraphs and other documentation
pertainlna insured: Gerald R Stutting, Jr.; Policy no. S923912-E14-38JOOO; claim no. 38J464-702
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: High Mark, P. O. Box 890089, CampHiII,PA 17089
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all employment records, W-2s. applications.
notes. correspondence and other documentation oertainina to employee: Jennifer R. Stuttina, DaB
- September 12. 1974; SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York. PA 17402
(717) 757-7602
Supreme Court I.D. #56684
Attorney for Defendant
Date:
By:
Seai of Court
Prothonotary
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN TfIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGEPYNOS,
Defendant.
Jury Trial Demanded
TO: Camp Hill Police Department
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: any and all records, reports. pertaininlil to an accident
which occurred November 14. 2001 at or near U.S. Route 11/15. involvina Jennifer R. Stuttina.
accident report no. 200-243.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402
(717) 757-7602
Supreme Court 1.0. #56684
Attorney for Defendant
Date:
By:
Seal of Court
Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUITING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this 29th day of April, 2002, I, LisaM. DiBernardo, a member of the firm of GRIFFITH,
STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy ofthe
foregoing Notice of Intent to Serve Subpoenas, via first-class mail, postage prepaid, addressed to the party
or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
390 I Market Street
Camp Hill, P A 17011-4227
(Plaintiffs' Counsel)
GRIFFI'IH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:t{J J72--
LISA M. DiBERNARDO, ESQUIRE
Attorney LD. No. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Paige Pynos
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LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
ROBERT M. STRICKLER
ROBERT A. LERMAW
PETER D. SOL YMQS
CHARLES B. CALKINS
PAUL G. LU1Z~
MICHAEL B. SCHEIB"
110S. NORTHERN WAY
YORK. PENNSYLVANIA 17402-3737
TELEPHONE: (717) 757.7602
FAX: (717) 757-3783
EMAIL: info@Qslsc.com
ANN MARGARET GRAB
LISA M. DiBERNARDO
THOMAS B. SPONAUGLE
WAYNE E. BRADBURN, JR.
KRISTI A. GOHN
Usa M. DiBernardo's EMAIL: Ldibernardo@oslsc.com
ROBERT H. GRIFFITH - OF COUNSEL
"Also Member MD Bar
"LL.M (Taxation); also Member CT Bar
*Also Member NY and D.C. Bars
June 5, 2002
Via Certified Mail
Records Custodian
Brian E. Cohen, M.D.
I Lemoyne Square
Lemonye, PA 17043
RE: Jennifer R. and Gerald L. Stnttinl! v. Pail!ePvnos
Cumberland County C.C.P. No. 01-6865 Civil Term
Jennifer R. Stutting, DaB - September 12, 1974; SS No. 192-54-1551
Dear Records Custodian:
You are being served with a subpoena to produce a complete copy of any and all records, reports, notes,
charts, memoranda, medical bills, X-ray reports, correspondences and other documentation pertaining to
Jennifer R. Stutting in your possession, as set forth in the attached Subpoena Duces Tecum, within twenty
(20) days.
We will reimburse you a reasonable per page copying cost. If you choose to use a records copying facility,
we will not reimburse that records copying company for anything but a reasonable per page cost for each
copy.
Please sign and return the enclosed Certificate of Compliance with the records.
Very truly yours,
LISA M. DiBERNARDO
vds/pynos.doc
Enclosure
cc: Henry F. Coyne, Esquire
bcc: Stephen Granoff, CPCU, Litigation Specialist/Erie Insurance Group
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUITING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
TO: Brian E. Cohen, M.D., I Lemoyne Square, Lemonye, PA 17043
Within TWENTY (20) days after service of this subpoena, you are ordered by the court to
produce the following documents orthin9s: any and all records. reports. notes. charts. memoranda.
medical bills. X-raY reports. correspondence and other documentation pertainino to Jennifer R.
Stuttina. DaB - September 12. 1974: SS No. 192-54-1551.
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:
Lisa M. DiBernardo, Esquire
Griffith, Strickler. Lerman. Solymos & Calkins
110 S. Northern Way
York, PA 17402
(7'17) 757-7602
Supreme Court J.D. #56684
Attorney for Defendant
Date:
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Seal of ourt
By:
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'Prothonotary.
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Henry' F Coyne
tis. M&rie Coyne
COYNE & COYNE
A PROFESSIONAL CORPORATION
ATTOR..N"EYS AT LAW
390] Markel Srreel
Camp Hill, Pennsylvania
]7011-422'(,
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FAX TRANSMISSION SHEET
Date:._~._-LLl.L~~:::__~.__.__
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Total Number of Pages: L
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Telephone Number to Conlirm ~lateri.l:
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THE INl"ORMATlON CONTAINED IN TIllS, FAX l\lESSAGE IS TRANSlt=. BY AN'
ATTORNEY_ IT IS PRIVILEGED AND COIIWIDENTIAL INTENDED ONLY ID TIIE USE
OF Till; ABOVE NAMED. IF THE READER OF TInS MESSAGE IS NOT THE N:DED
ro~cr.pmNI', PLEASE BE ADVISED TRAT ANY DISSEMINATION, DISTRIBtfnON OR.
CQr):- QF THIS COM.MlJNICATION IS STRICTLY PROHIBITED. :IF TInS
C:OJ:\fl',fllNICAnON HAS BEEN RECEIVED IN ERROR, PLEASE IMMEDIAIELtl NOTIFY
1\1.),; In' TELEPHONE, COI.I..lCT IT NECESSARY, AND DESTROY THIS ~IESSAGF..
THANK YOU. .
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,COYNE &CO'tNE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Henry F. Coyne
Lisa Marie Coyne
3901 Market Street
Camp Hill. Pennsylvania
17011-4227
717-737-0464
Fax: 717-737.5161
June 28, 2002
VIA FACSIMILE and First Class Mail
Michael B. Scheib, Esquire
Girffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York,PA 17402-3737
Re: Jennifer R. and Gerald L Stutting v, Paige Pynos
No, 01-6865 Civil Term (Cumberland County)
Dear Mr. Scheib:
We represent Mrs. Jennifer R. Stulting.
Enclosed is a copy of my memo to the providers of medical services to Mrs. Stulting and upon
whom you served a subpoena for documents.
Also enclosed is my client's objection to the Subpoenas. Please contact me upon your receipt of
this memo so that we can discuss my objections, hopefully, arrive at a mutually agreeable arrangement.
I look forward to hearing from you.
Very truly yours,
~COYNE
HenryF. Coyne
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HFC/amd
Enclosure
Cc: Mr. and Mrs. Gerald L. Stulting, w/encl.
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A PROFESSIONAL CORI'ORATlON
ATTORNEYS AT LAW
Hc'nry F. Coyne
L~5a 1v1.~U'ie Coyne
3901 Market Street
Camp Hill, Pennsylvania
17011.4227
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'717.737-0.j6'1
Fax! 717- 737-516 i.
June 28, 2002
VIA fACSIMILE Gild First Class Mail
Ml chael B. Scheib, Esquire
Ciil'ffith, Strickler, Lerman, Solymos & Calkiu,
110 S. Northern Way
'<""irk. PA 17402-3737
Re: Jennifer R. and Gerald 1.. Stutting v. Paige Pynos
No. 01-6865 Civil Term (Cumberland C~unty)
Dear Mr. Scheib:
We represent 1o.Irs. Jennifer R. Stutting.
Enclosed is a copy of my memo to the providers of medical service, to :Mrs. Shltting 80.0 Ill'on
whom you served a stlbpoena for documents.
Also enclosed j, my client's objection to thc Subpoenas. Please contact me upon your receipt of
th:, rnemo so LhaL we can discuss my objections, hopefully, arrive at a mutually agreeable arrangement
I look forward to hearing from you.
Very truly yours,
~COTh'E
Henry F. Coyne
HFCiamd
F11f":I('IS11re
ec: Mr. and Mrs. Gerald 1. Stutting, w/encl.
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JENJ'o<1FER R. STurflNG and
GERALD L. STUTTLNG, her husband
l'laintlffs
: IN THE COURT OF CO~lMON PL:E~S m'
: CUMBERLAND COUNTY,PENNSYlLVANlA
,
""S.
: NO, 01.6865 CIVIL TElThI
J'A[Gl~ l'YNOS,
Defendant
: CJVTI, ACTION
: JURY TRIAL DEMANDED
PUlNTIFFS' OBJECTION TO SUBPOEN.\
plmSTTANT TO Pt\.. R.C.P. 4009.21
Jennifer R. Stutting objects to the proposed Subpoena that is attached to these objections for the
fnli,"w;ne ,"",ons: The Subooena does not limit the request for documents to the injurie~ and treatment
Jem1ikr R. Stutting received as the result of a motor vehicle impaclthat occurred on Decejuber 17, 1999.
Respectfully submitted.
Dated: 2-8' ~Q.e.",.
:~~,
. HENRYF.COYNE ESQUIRE :
3901 Market Street .
Camp Hill, PA 17011-4227
(717) 737-0464
Pa.S.Ct.No.06250
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vOYNE & GOYNE
A PRO!ll':SSlONAJ.. CORPOFATION
A TTORNEYS AT I.~'" W
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f{,'nry F. Coyne
L"" Marie Coyne
3901 Ma1ket Street
Camp Hill, Pennsylvania
17011-4227
717.737.04&4
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June 27, 2002
Y!A CERl1FIW MAIL 70993220000968924259
R"'l~orrl, Cw;rorli~n
BealthSollth Rehabilitation
175 Lancaster Boulevard
MechanlCsburg, l' A noss
Re: Jennifer R. and Gerald L. StUltilli! v. Pai~e Pvnas
Cumberland Counry e.c.P. No. 01-6865 Civil Term
JellniferR. Stutting.1JOB--September 12.1974
Jennifer R. Stutting SS# - 192-54-1551
Dear Records Custodian:
We represent Jennifer R Slutting who was injured in an automobile collision. l'vfrs. Slutting
l~mnlncnc~d legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her.
Recently. Lisa M. DiBernardo, attorney for Ms. Pynos, served upon you a Subpoena to Produ,Ct
r)nnllmco~' or Thing" regarding Mrs. Jennifer R. Slutting. We have advised counsel far the Defcnd..lIt
chat '.If 0 objoet to tho :i:ubpo~n" OJ: it ic ouw-l), broa.d, intrudITa, md legll1~r obj.otiombl..
I IlereLy ,JireoL lhul yuu uu uull.I.a.. uuy d()~Ul1\O!;lltS, Io!;cord. 01' thill!;' 1'<' th. SuLlJUGUU ull!.,""
1n,j unttlll Cert!lied Urder of LOurt executed by a Judge of the Court of Common Pleas of Cumberland
C"tl11lY, j~ prcsented to you giving you spccific dircctions concerning lhc rclease of"Mrs. Stulting'g
private medical records.
If you have any questions conr.eming this important document, please contact me immediately_
Tbank you for your cooperation.
Very truly yours,
HFC/amd
Cc: Mrs. Jennifer R. Slutting
Michael B. Scheib, Esquire
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A PROFESSIONAL CORPOR~TION
ATTORNEYS AT LAW
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717-737-0.164
Fax: 717-737-5161
Homy F. Coyne
L"" Marie Coyne
3901 Market Street
Camp Hill. Pennsylvania.
17011-4227
June 27, 2002
V~~1.S;ERl1FIED MAIL 709932200009 6892 4242
Records Custodian
Physicians of Spinal Rehabilitation
Industrial and Spine Medicine, P.C.
.(50 Poplar Church Road
Camp Hill, PA 17011
Re: Jennifer R. and Gerald L. Stullint!: v. Pai~e l'vnos
Cumberland County C. c.P. Na. 01.6865 Civil Term
Jennifer R. Slul/ing. DOB-Sep/ember .12,1974
JellniferR. StuttingS::''#-192-54-1551
Dear Records Custodian:
We represent Jennifer R. Stutting who was injured in an automobile collision. Mrs. Stutling
~Clmucl1ced legal action against Ms. Paige Pynos, the driver of the vehicle, which bit her.
Recently, Lisa M. DiBernardo, attorney for Ms. p}1JOS, served upon you a Subpoena to Produce
Tico"mcnl. or Thinso regarding Uro. Jonnif" R. Stutting. We ho."e .dvi.ed cOlln,el for the Defenrlol1!
rr"l! we object to the Subpoena as it is overly broad, intrusive, and legally objectionable.
I Ilt,,~by djl'~~t that you do not release any docwnC1)ts, records or things per the Subpoena unle;;s
2Jld until a Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland
County, is presented to you giving you specific directions concerning the release of Mrs. Slutting's
;.'rivllte rnedic.al r~.C,(\rc1".
Ify.:.u h..I1'\1'e Gn.y q-UOOt10flO oonoorning thic importa.nt doC'tlInC:'nt, pl6'';lit:'' rrmt~rt 1:111" imm....r'liati>ly
Thank you for you!" cooperation.
Very truly yours,
lPp&C
~~.
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HFC/amd
Cc: Mrs. Jennifer R. Shltting
Michael B. Scheib, Esquire
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GOYNE & GOYNE
A PROfESSIONAL CORPORUlON
ATTORNEYS AT LAW
7177375:0:
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3901 Market Street
Camp Hill, Pennsylvania
17011.4227
717-737-0-16,
Fax, 717.737-5H;J
ih'uy F. Coyne
.l.1'~H h1ari(!; Coyne
June 27. 2002
YEA @R'rIFlED JitJIL lOW ,.,;IJU uOO1l @)J 801lQ.
Records Custodian
McCucn and Associates Physical Therapy, P.C.
2/iO Grandview Avenue, Suite 101
Camp Hill, PA 17011
Re: Jennifer R. and Gerald L. Stuff/nil v. Poree p..",IOfl
Cumberland County c.c.P. No. 01-6865 Civil Tenn
Jennifer R. Stutting, DOB -September 12,1974
Jennifer R. Stutting SS# - 192-54-1551
;)"(\f Records Custodian:
We represenl Jennifer R. Slutting who was injured in lill liutul11ubHe collision. Mrs. Stutling
,.ommenced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her.
-j
1
Recently, Lisa M. DiBernardo, attorney for Ms. pynos, served upon you a Subpoena to Prod'lce
i).,.cUll1ents or Things regarding Mrs. Jerulifer R. Stutting. We hAve advi.ed counsel for the Dcfendanl
:h.1 we object to the Subpoena as it is overly broad, intruSIve, and legally objectionable.
r hereby direct that you do nor release any documents, recorus ur lhillg' pCI' the SUbjlDe'li\ ullkss
",.,d until a Certified On]"I uf Cow t executed by A Judge of the Court of Common Pl~.:lS of Cumberl2nd
'.~:mmty, i. Ill"cscntcd to you giving you spccific directions concerning the rele;\..e of Mrs. Slutling's
private medical records.
If you have any questions concerning this import3Jl( document, please contacl me irnmediately.
Thank you for your cooperation.
Very truly yours,
~
HFClamd
(:~: Mrs. Jennifer R. Stutting
Michael B. Scheib. Esquire
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Go.YNE & Go.:VNE
A PROFESSrONAL CORPOll~TION
ATTORNEYS AT L..A W
p "
rion)"y F. Coyne
r ,;~;i\ ~l""ic Coyne
3901 Market Street
Camp Hill. Pennsylvania
17011-4??7
717-737-046,j
Fal<: 717.737-51,,1
June 27, 2002
1'1,4 CERTIFIED MAIL 70993220 ODD!! 6891 8893
F/,ecords Custodian
Brian E. Cohen, M.D.
! Lemoync Square
J.enlOyne, P A 17043
Re: Jennifer R, and Gerald L. Stullinfl v. Paifle PvnoJ..
Cumberland County c.c.P. No. OI-6865 Civill~r/ll
Jennifer R. Stulting. DOB - September /2, 1974
Jennifer R. StultingSS#- I92-54.I551
Llear Records Custodian:
We represent Jennifer R. Srutting who was injured m an automobile collision. Mrs. Stulli:l~
c'.Jlnrnenccd legal action agaiost Ms. Paigc Pynos, the driver of the vehicle, which hit her.
Recently, Usa M. DiBernardo, attorney for Ms. Pynos, served upon you a Subpoena to l'roduco
])ocuments or Things regarding Mrs. JeIUlifer R. Stutting. We have advise.d COWlSeI for the Defendanr
Ih"t we object to the Subpoena as it is overly broad, inllUsive, and legally objectionable.
I hereby direct that you do not release any documents, records or things per the Subpocnl unle~s
a",l LUrtil a Celtified Ordcr of Court exeouted by a Judge of the Court of Common Plra, of {;lImherland
County, is presented to you giving you ;.pe~ilic directions conce,rning rJ,r. Tr,'~n~e of Mrs. SluLlin,:'.
private mcdic,al records.
lfyou h~ve any questions ~,nnr.emin!! this important doc\lwcnt, please cootactme immediately.
11,ank you for your cooperation.
Very 1ruly yours,
~
ilFClamd
Ceo Mrs. Jennifer R. Stutting
Mi"h"d B. Scheib, [.quire
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l,:s. Mari" C"i1'.
COYNE & CdYNR
A PRO?ESSfONAL CORPORATION
ATTORNEYS AT U\.w
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3901 Market Str.et
Camp Hill, P.mneylvania
17011-4227
717-737.041\4
F~x: 717-737-51(;1.
June 27,2002
t!d CERTIFIW MAIL 70993220000968929593
Records Custodian
Holy Spirit Hospital
He" Ih 21" Street
Camp Hill, PA )7011
n"ar Records Custodian:
,
Re: Jennifer R. and Gerald 1. Sruttinll v. Pie _~~
Cumberland County C. C.P. No. OJ- 68 Civil Tenll
Jennifer R. Stulting, DOB - September p. 1974
Jennifer R. Stutting SS# -192-54-1551.
We represent Jennifer R. Stutting who was injured in an automobile colIisior. Mrs. Stuttil1g
~(l,nmenced legal acliul1 agalJlst Ms. Paige r'Y"o" rhc driver of the v.hid", which hilLe;.
Recently, Lisa M. DiBernardo, attorney for Ms. Pynos, served upon you a Subpoena to Ploduce
lJocuments or Things regarding Mrs. Jennifer R. Stutting. We have advised cOlIDSel ~or the Defend:'))!
lh~t we object to the Subpoena as it is overly broad, intrusive. and legally objectionable.i
I hereby direct that you do not release any documents, records or things per th~1 Subpoena unless
and until a Certified Order of Cowt exeeuted by a Judge of the CULlTl uf COllllllon PIe 5 of Cumberlond
(ounty, is presented to you giving you specific directions concerning the release f Mrs. Snnting'"
.~riva Ie medical records.
If you have any questions concerning this important document, please contact me immediately.
Thank you for your cooperation.
HFClamd
Co: Mrs. J<-nnifcr R. Stutting
Michael B. Scheib, Esquire
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V cry truly yours,
m.&COYNE
Henry F. Coyne
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COyi-m & COYNE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Henry F. Coyne
Llsa M, rIe Coyne
3901 Market Street
Camp Hill, PennsylvAni..
17011.4227
I
h7'737'0'164,'
Fax: 1717.737.5161
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June 2 7, 2002
VfA .CER71FIEI1/tfA ((, 7099 .mo OQQ'? 6892 9,~~!i
Rec.'m:!s Custodian
Net:roJogy Celllcl, P.C.
857 Poplar Church Road
Camp Hill, PA 17011
Re:
i
Jennifer R. and Gerald L. Stuttillf! v. Pafe~
Cumberland County c.c.P. No. 01.6865 fivii Term
Jennifer R. Stllttillg, DOB - September 12j 1974
Jermi/erR. StuttillgSS#-192 541551 !
,
De~l' Records CUEtodian:
i
We represent Jennifer R. SlUtting who was injured in an automobile collision. I Mrs. Stulting
commenced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her. ,
, i
I
Recently, Lisa M. DiBernardo, attorney for Ms. Pynos, served upon you a Subpo~na to Produce
Do(;uments or Things regan.lil1g Mrs. Jennifer R. Smtting. We have advjs~rl cOllnsel fo~ the pefendant
ilia: we object to the Subpoena as it is overly broad, intrusive, and legally objectionable. I
i
1 hereby direct that you UO Hut rdease any document!:, records or things per the SthPOcna lloless
and until a Certified Order of Court execute<:! by a Judge ofilie Court of Common Pleas f Cumberland
County, is presented to you giving you specific directions concerning the release of lr5. Stutting's
private medical records. i
,
,
If you have any questions concerning this important docwnent, please contact me jmmediatelv.
, .
Thank you for your cooperation.
Very rru] y yours, ,
~;~~~
ID'Ch.md
C..
",
Mrs. Jennifer R. Statting
Michael B. Scheib, Esquire
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CoY~m & COYNE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
....''"'_,..-. '"''''.~'~v.-'
3901 Market Street
Camp Hill, pennsylvania
17011 1227
7b -737 -016.j
F.....: ~17.737-5161
,
,
He",,"" F. Coyne
Lis.. Mari. Coyne
June 27, 2002
VIA_CERTIHED MATI. 70993220000968924273
R~cords Custodian
Pennsylvania Spine Institute
805 Sir Thomas Court
I:!;;rri"burg.PA 17109
Re: Jennifer R, and Gerqld L. Stuttin v. Poi e Pl'nOS
Cumberland County c.c.P. No. 01-6865 vii Tenn
,
Jennifer R Stu/ting, DOB - September 12, V974
J"'lfJif~/" R. SItI/Cillg SStl- IiX! 51.1551
Dear Records Custodian:
I',
We represent Jennifer R. Stutting who was injured in an aut<)mobile collision. [Mrs. Stutting
commenced legal action against Ms. P~iee Pynos, the driver of the vehicle, which hit her. ;
,
,
Recently, Lisa M. DiBernardo, attorney for Ms. Pynos, served upon you a Sllbpo~a to Produce
Documents or Things regarding Mrs. Jennifer R. Stutting. We have advised counsel for ~e Defendant
that we object to the Subpoena as it is overly broad, intrusive, and legally objectionable. !
,
I hereby direct that you do not release any documents, records or things per the 84' poena unl~ss
and cntiI a Certified Order of Court executed by a Judge of the Court of Common Pleas 0 Cumberland
CO\IJ1ty, is presented to you giving you specific directions concerning the release of s. Stutting's
pnVil['O medical records. ,
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If you have any questions. concerning this important document, please contact me itmediately.
1bank you for your cooperation.
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Very truly yours,
IIFC/amd
Cc: Mrs. Jennifer R. Stutting
Michacl B. Scheib, Esquire
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FAX XO.
7177375iS~
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COYNE & COYNE
"PROFESSIONAl, CORPORATION
ATTORNEYS A'I' LAW
Hen";" F. Coyne
"(,isG ~,j"r;e Coyne
3901 Market Street
Camp Hill, Pennsylvania
17011-4227
7p-737.0464
Fa~o 7117.737.5161
June 27, 2002
VIA .{;ERTlF/~J2jdt1lL 7099 32?2...0009 6892 96J 6
Rfc.~rd, Cllstodian
Shepherds town Family Practice
214/J Fisher Road
Mechamcsbmg, P A [7055
Reo
Jennifer R. Stutting, DOB -Sepl.mue,' 12, :1974
,
Jennifer R. Stullitlg SS# - 192.54.1551
n~,r RecorQs (;uotodian:
We rcpresent JeMifer R. Stutting who was injured in an automobile collisiOn. : Mrs. ShJtliog
commenced legal action against Ms. Paige Pynos, the driver ofthc vehicle, which hit her.
Recentl~, .Lisa M. DiBernardo, attorney for M~. pYTlU" se.ved upon you Q Subpo~ns to Prodllc~
Docmnents or 1hings regarding Mrs. Jenmfer R. Stuttmg. We have advIsed cOllJlsel [or!the Defendant
11",~ we ebjcot to th8 Subporn~ ~,,1 j" lIy~rly brQ~!l, inlru.jyc, and legally objf!r:tionable.
I hereby direct that you do Dot release any documents, records or things per the S~bpoena unless
and "ultH a Certified Order of Cuu.t executed by a Judge of the CotIrt of (;ommon Pl~ ff Cumberland
Ca:l!1ty, is presented to you giving you .pc~jfic directions concerning the release of Mr~. Sruttil1g's
p!j~,'attJ medical r~r..,rti~, '
Lfyou have any '1ut;.tjons eonccrning thi;; important dor:llment, pleas\' contact me ifnmcdiately.
Thank you for YOllr cooperation.
Very nuly yours,
HFC/,md
Co: Mrs. Jennifer R. Stulting
,Michael B. Scheib, Esquire
;..-:~TLL >7
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GOYNE & COY~E
A PRO,",;S~IUNa:L CORPORATION
ATTORN:B;YSATLAW
Henry F, Coyne
1).~a I"1arie Coyne
3901 Market Street
Camp Hill. Pennsylvania
17911 1227
717.737.0464
Fax: 717.737.5161
June 27, 2002
nA ,:..J::l<Tf/iIED MAIL 7099 3220000968929609
Records Custodian
B()wil!~nsdale Family Practice
1 Kacy Court, Suite 101
Mecbanicsbllrg, P A 17055
Re: Jennifer R. and Gerald L. Sluttin!!~. PajggJjay!.1.
Cumberland County c.c.P. No. 01-6865 Civil Tel7ll
Jennifer R. Stutfing, DOB - September 11,1974
Jennifer R. Stutting SS# - 191-54-1551
Dc~.. R~cordg Custodial!:
Wc lcpre,ent Jennifer R. Stu~ "h" w.~ injured in a~ automobile collision. Mrs. Stutling
corr,menced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her.
Recently, Lisa M. DiBernardo, attorney for Ms. Pynos, se.rveO upon you a Subpoena to Produce
DQ~urnents or Things regarding Mrs. Jcl1Iufer R. Stutdng. We haw atlvi.cd COUllSel for the Defendant
that we object to the Subpoena as it is overly broad, intrusive, and legally objectionable.
I hereby direct that you do not release any documents, records or things per the Subpoena unless
and lmril a Certified Order of Court executed by a Judge of the Court of Common Pleas of Cumberland
County, is presented to you giving you spccifi" directions concerning the releage of Mrs. Stutting',
private medical records.
If you ha.ve any questtons concerning thi~ impull.4ul dOCUll'lCnt, 'Plca~o oontaot lllQ immediately
Thank you for your cooperation.
Very truly yours,
Hee/am,1
Cc: Mrs. Jennifer R. S lllHi'lg
Michael B. Scheib, Esquire
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COYN"E & COYNE
A PROFESSJONAL COl<NRATlON
NITORNEY::; AT LAW
;Jt:ln':--1r Ti' (~nlrrtP
Li~a :\12t,-ie Coyne
3901 M~rket Street
Camp Hill. l'cnneylvama
17011.4227
-
7~7-737.0464
:ra.~: ~!7-T3'-5' 01
June 27, 2002
Vld..fEftTJ.l:7h'D MAIL 709932)0000968924280
Rl~COrdS Custodian
Orthopedic Institute ofPA
99 Novembcr Drive
Camp Hill, PA I'IUII
Re:
.Jennifer R. and Gerald L. Slut/ill>! v. Pai~
Cumberlund COUll!:)! C.C.P. No. 01 .6865 cji'>il Term
J~T1T1if~r R. SlUtling. DOB . Saplemb€r 1l,l1974
Jennifer R. Stutfing 55#- /92-54-1551 '
Dcw Records CU.5todian:
We reprcsem k-lluifol R. Slutting who w.o injured in ..n ."tomnhil~ r.nfli~ion. r Mrs. St\lttil1~
c\>mmenced legal action against Ms. Paige Pynos, the driver of the vehicle, which hit her.
Recently, Lisa M. Vil3ernardo, attorney [01 Ms. Pyl108, served upon you a SubPo1na to Prorlnce
DocumeIlt<; 0' 111ing8 regarding lIfrs. Jennifer R. 8M/ing. We have advised counsel forldle Defendant
,
tha.I we o\>j,ct to the Subpoena as it is ovc,ly broad, intrusive, nnd Jeg3.lIy objection81:>1~.
I hereby direct that you do not release any documents, records or things per the 8~'bpoena unless
and until a Certified Order of Court executed by a Judge of the Court of Common Pleas f Cumberland
County, is presented to you giving yuu specific directions concerning the rel~aRe of . Stutting'g
private medical records.
If you have any questions concerning this important document, please contact me 1mmcdiately.
lhank YOll for YO\lr cooperation.
Very troly yours,
Bre/amd
Ce', Mrs. Jp,rmifer R. St\ming
Michael B. Scheib, Esquire
~
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COYNE & COYt-m
A PROFESSIONAL CORPORA.TION
AT'rORNEYS AT LAW
"
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Henry F. Coyne
r ..188. :v1:1tie Coyne
3901 Market Street
Camp Hill, Pennsylvania
17011-4227
717-737.0'164
Fax: 717.737-5161
J UIlC 27, 2002
VIA CE.RTIFlED MAIL 7099322000096892 426(!
Records C1.lstodian
Gralldview Office Center
170 l.ancaster Boulevard
MIYl1Micohur".l'A 17055
Reo Jennifer R. and Gerald L. S{lltfl}W v. Paii[e Pmos
Cumberland County c.C'.P. No. 01-6865 Civil Term
J.:,tftifer R. Slut/ing, DOE - S&plembRr 12, 1974
Jennifer R. Stlllling SS# - 192-54-1))1
Dear Records Custodian:
We rq,resent Jennifer R. Stutting who wa., injured in an automobile collision. Mrs. Stuttiog
commenced legal action again.l ~f>. Paige Pynos, the driver of the vehic.le., which hit her.
Recently, Lisa M. DiBernardo, aMmey for Ms. py"o.. "" vcJ UpOll yDU a ~ubpoenQ to Produce
Documents or Thmgs regarding Mrs. Jennifc, R. Stulting. We have advised cOtillsel for the Defendapt
that we l)1;j",~t tn thc Subpoena 9& !tis overlybroatl, i"I..u.,;.':'. Mld legally objeatiolUble.
1 hereby direct that you do not release any uu~ulllell~, records or things per the SubpoenR lJlJ1cRS
and umi! a CertIfied Order of Court c.ccu!td by a Judge of the Court of Comnlon PlcM of Cwnberland
County, is presented 10 you giving you spccific directions concerning the release of Mrs. Stutting's
private medical records.
!fyou have any qucstiooHoncerning this important dDcument, please ~ulllacll,"c iUU11<di.!dy.
Thank you for your cooperation.
Very truly yours,
~&CO
Henry F_ Co
HFC!amd
Ce' Mrs. Jennifer R. Slutting
Michael B. Scheib, Esquire
',:~~~{,'~~._,> ,,,.. ."":it~~t-FYii",,,,,,~.~,,,,o '"""__ -',~d~".!. ""'8,0-'1", '~'," ""'_~',>c~"~",,,c _ , "__ 'C,"' _ "__ ,-.,",
~
Joseph A. Cincotta, MD
JanerF.'Cincotta,-MD
Gary M. Schwartz, MD
Alison H, Skurcenski, MD
Elizabeth A Alwine, CRNP
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July 01, 2002
Griffith, Strickler, Lerman, Soly~os & Calkins
Attorneys - At- Law
110 South Northern Way
York, PA. 17402
RE: Jennifer Stutting
DOB,: 09-1,2-74
SS: #192-54-1551
Dear Sirs:
Please find, enclosed your check, in the
for medica'l records on Jenni fer Stiltting.
Henry Coyne, we are not to release her medical
I . \ I- .
I 1 ).
Shepherdstown family Practice, PC
2140 Fisher Road
Mechanicsburg, PA 17055
717'766.1795
fax 717.697.6575
amount of $84.89,
Per her attorney,
records.
Any questions you may have may be directed to Coyne & Coyne
Attorneys At Law, please see attached.
Sincerely,
LttLL' ;r! ~
Nikki Lobeck
Enclosure: Letter~ Check
"'-';",-"'0
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Member, Heritage Medical Croup
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THE
ARLINGTON GROUP
Date:
'i-ir.-OJ-
RE:~~
Enclosed please find your check nu~er i-f 1 ~ Lf I which has been marked void in
the amount of $ p,.?i '7 for date of service '7 ~ ~.O 7-
Your payment is being returned since payment froID.You is not necessary at this time
because:
1.
Your payment is a duplicate payment. We have already been paid by
your company on check number (see enclosed).
This account has been paid by another insurance company (see enclosed).
Miscellank ~ ~
~~ tt.-C~ - ~
2.
3.
""'/...
Should you have any questions regarding the above, please feel fee to contact our office
at (717) 652-9015.
Thank you for your attention in this matter and have a great day.
Sincerely,
Accounts Receivable Department
Enclosures
805 Sir Thomas Court. Harrisburg, PA 17109 .(717) 652-2229 . Fax (717) 652-4203
ArlingtonOrlhDpedjcs
CenlralPennsylvania
SpmalAssociales
Community
Imaging Associates
OccupatlonalRehaband
Research Associates
South Central Neurologic
AssocJates
Arlington
ManagementSarviC$
.'
.
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JENNIFER R. AND GERALD L.
STUTTING,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-6865 CIVIL
vs.
PAIGE PYNOS,
Defendant
CIVIL ACTION - LAW
IN RE: DEFENDANT'S MOTION TO COMPEL
ORDER
AND NOW, this Zq' day of August, 2002, for the reasons stated in Slayton v.
Biebel, 37 B&C 4th 140 (1998), it is ordered and directed that the defendant may serve
subpoenas upon medical providers so long as the records requested by each subpoena are
required to be forwarded directly to counsel for the plaintiffs.
Counsel for the plaintiffs shall promptly review all such subpoenaed records and
documents and forward to counsel for defendant all records which plaintiffs' counsel deems to
be those relevant to this proceeding, along with a brief description of the records not provided
and explanation as to why those records were not provided.
Thereafter, if there are any unresolved disputes regarding the discovery of the
subpoenaed records and documents, counsel for defendant may file an appropriate motion with
the court asking that there be an in camera inspection regarding any records that may be in
dispute so that the court may determine if there is anything that is further discoverable.
BY THE COURT,
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CUMBtriLi~'l[) COUN1Y
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For the Plaintiffs
~hael B. Scheib, Esquire
For the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTIING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
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AND NOW, thisd 4 day of September, 2002, I, Michael B. Scheib, Esqujre, a member of
the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, ~squires, hereby
certify that I have, this date, served the Notice Of Intent To Serve Subpoena to Plaintiffs by United
States Mail, addressed to the party or attorney of record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(Plaintiffs' Counsel)
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
MIC L B. CHEIB, ES~UIRE
Attorney for Defendant, Paige Pynos
Supreme Court I.D. No. 638~8
110 South Northern Way
York, Pennsylvania 17402-3137
Telephone: (717) 757-7602 '
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendant, Paige Pynos certifies that:
(1) an Order dated a notice of intent to serve the subpoenas with copies of the subpoenas
attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date
on which the subpoenas are sought to be served, or the twenty (20) day period has been waived
by opposing counsel.
(2) the subpoenas which will be served are identical to the subpoenas which are attached
hereto.
Date:
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS C KINS
By:
MIC A L B. SCHEIB, ESQUI
Supreme ourt LD. #63868
Attorney for Defendant Wilbert
110 South Northern Way
York,PA17402
(717) 757-7602
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R, AND GERALD L. STUTTING,
Plaintiffs,
Civil Action - Law
vs.
No. 01-6865
PAIGE PYNOS,
Defendant.
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this
~~ day of December, 2003, I, Michael B. Scheib,
Esquire, a member of the firm of GRIFFITH, STRICKLER, lERMAN, SOlYMOS &
CALKINS, Esquires, hereby certify that I have, this date, served the Notice Of
Taking Depositions by United States Mail, addressed to the party or attorney of
record as follows:
Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
(Plaintiffs' Counsel)
GRIFFITH, STRICKLER, lERMAN,
SOL YMOS & CALKINS
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MICHAEL B. SCHEIB, ESQUIRE
Attorney for Defendant, Paige Pynos
Supreme Court I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
BY:
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PRAECIPE FOR LISTING CASE FOR TRIAL
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the following case:
(./ for Jury Trial at the next term of civil court.
() for trial without a jury.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD L. STUTTING,
Plaintiffs
vs.
PAIGE PYNOS,
Defendant
Civil Action - Law
No. 01-6865
Jury Trial Demanded
(cl]lck one)
( '1 Civil Action - Law
() Appeal from Arbitration
() Other
The trial list will be called on September 28. 2004.
Trials commence on October 25. 2004.
Pre-trials will be held on October 6. 2004.
(Briefs are due 5 days before pre-trials).
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(The party listing this case for trial should provide forthwith copy of the Praecipe to all counsel,
pursuant to Local Rule 214.1)
No. 01-6865 Civil 2004
Indicate the attorney who will try case for the party who files this Praecipe:
Michael B. Scheib, ESQuire
Indicate trial counsel for other parties if known: Henry F. Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hi , PA 17011-42 7
This case is ready for trial:
Signed:
Print Name: MICHAEL B. SCHEIB, ESQUIRE
Attorney for: Defendant Pvnos
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER R. AND GERALD l. STUTTING,
Plaintiffs
Civil Action - Law
VS.
No. 01-6865
PAIGE PYNOS,
Defendant
Jury Trial Demanded
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-referenced matter as settled, discontinued and
ended.
COYNE & COYNE, P.C.
By:
HENRY F. C YNE, ESQUI
Supreme Court I.D. #
Attorney for Plaintiff Stutting
3901 Market Street
Camp Hill; PA 17011-4227
(717) 757-7602
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