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HomeMy WebLinkAbout03-3051 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs CIVIL ACTION - LAW ROBERTL. BARCLAY, Defendant 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 your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 231033.1 ~AS\PAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs CIVIL ACTION - LAW NO. ROBERT L. BARCLAY, Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 231033.1 ~RAS~PAS 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs CIVIL ACTION - LAW NO. ROBERT L. BARCLAY, Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiffs Nancy R. Speck and Brian Speck are husband and wife, adult individuals, citizens of the Commonwealth of Pennsylvania, who currently reside at 337 Juniper Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Robert L. Barclay is an adult individual, citizen of the Commonwealth of Pennsylvania, who currently resides at 2 Brookview Drive, Newville, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about October 16, 2001, at approximately 4:39 p.m., at the intersection of West Louther Street and the Deli Creations Parking Lot, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Nancy R. Speck was operating her motor vehicle, a 1986 Toyota Corolla Deluxe 4D Sedan, in a westbound direction on West Louther Street approaching the Deli Creations Parking Lot located on West Louther Street, Carlisle, Cumberland County, Pennsylvania. 231033.1 ~RAS\PAS 5. At that time and place, Defendant Robert L. Barclay was operating a 1995 Chevrolet Cavalier in the parking lot of Deli Creations located on West Louther Street and then drove directly out from the Deli Creations parking lot onto West Louther Street, Carlisle, Cumberland County, Pennsylvania. 6. At that time and place, Defendant Robert L. Barclay failed to yield the right-of-way to traffic on West Louther Street, attempted to enter the highway, and pulled into the direct path of travel of Plaintiff Nancy R. Speck's vehicle, causing a violent collision. 7. At that time and place, the from portion of Plaintiff Nancy R. Speck's vehicle collided with the left front and side of Defendant Robert L. Barclays' vehicle. 8. The foregoing accident and all the injuries and damages set forth hereinafter sustained by Plaintiff Nancy R. Speck and Brian Speck are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Robert L. Barclay operated his motor vehicle as follows: (a) (b) (c) (d) (e) failure to yield the right-of-way to Plaintiff`Nancy R. Speck's vehicle; failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; failure to have proper and adequate control over his vehicle; failure to take reasonable evasive action to avoid the accident; and 260603.1~AS\LBM driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. reference. 10. CLAIM I NANCY R. SPECK v. ROBERT L. BARCLAY Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by As a result of the aforementioned accident, Plaintiff Nancy R. Speck sustained painful and severe injuries which include, but are not limited to, cervical, thoracic, and lumbar strain/sprain, protruding right side disc C3-4, C5-6 diffuse disc bulge, and a mild narrowing of C5-6 and C6-7. 11. As a result of the injuries sustained, Plaintiff Nancy R. Speck was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 12. Because of the nature of her injuries, Plaintiff Nancy R. Speck has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefore. 260603.1 \RAS~LBM 3 13. As a result of the aforementioned collision and resulting injuries, Plaintiff Nancy R. Speck has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned collision and resulting injuries, Plaintiff Nancy R. Speck has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned collision and resulting injuries, Nancy R. Speck has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of the aforementioned collision and resulting injuries, Plaintiff Nancy R. Speck has sustained uncompensated work loss, and claim is made therefor. 17. Plaintiff Nancy R. Speck continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 18. reference. CLAIM II BRIAN SPECK v. ROBERT L. BARCLAY Paragraphs 1 through 17 of Plaintiffs' Complaint are incorporated herein by 260603.1~RAS\LBM 4 19. As a result of the aforementioned injuries sustained by his wife, Plaintiff Nancy R. Speck, Plaintiff Brian Speck has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Nancy R. Speck and Brian Speck demand judgment against Defendant Robert L. Barclay in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiting compulsory arbitration. Date: June 25, 2003 ANGINO & ROVNER, P.C. Richard A. S I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 260603.1~AS\LBM 5 VERIFICATION We, Nancy R. Speck and Brian Speck, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made sub. iect to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Witness Witness f ~ Dated: Brian Speck 260676. I~RAS\MLB Bfigid Q. Alford, Esquire Supreme Court I.D. #38590 Je ffi'ey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 No~h Front Stxeet Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Robert L. Barclay NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs V. ROBERT L. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3051 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances ofBrigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham on behalf of Defendant Robert L. Barclay. Respectfully submitted, By: BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Robert L. Barclay Date: CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Date: By: Brigid Q./Alford', Esq~re SHERIFF' S RETURN - REGULAR CASE NO: 2003-03051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPECK NANCY R ET AL VS BARCLAY ROBERT L BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BARCLAY ROBERT L DEFENDANT , at 1712:00 HOURS, on the at 2 BROOKVIEW DRIVE NEWVILLE, PA 17241 NANCY BARCLAY, WIFE a true and attested copy of COMPLAINT & NOTICE was served upon 9th day of July the , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /4 e day of rot~ ~3 A.D. So Answers: R. Thomas Kline /~ /! 07/10/2003 / / ANGINO & ROVNER ~ / ! Deputy Eheriff Brigid Q. Alford. Esquire Supreme Court I.D. #38590 Jeffrey E. Piccola. Esquire Supreme Coati I.D. #18018 BOSWELL. TINTNER. PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Han/sburg, Pennsylvania 17108-¢,741 Attorneys for Defendant Robert L. Barclay NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs V. ROBERT L. BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-3051 CIVIL TERM : : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Nancy R. Speck and Brian Speck C/O Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 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. BOSWELL, T1NTNER, PICCOLA & WICKERSHAM By: Brigid Q. ~lford, Esquir~ Date: M:\home\bqa\litigat\stateftm\barclay~ANSWERMTR.wpd Draft #I August 4, ,2003 Brig/d Q. Al ford, Esquire Supreme Court I.D. #38590 Jeffrey E. Piccola, Esquire Supreme Court I.D. #18018 BOSWELL, TINTNER, PICCOLA & WiCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Robert L, Barclay NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs Vo ROBERT L. BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : No. 03-3051 CIVIL TERM : . : CIVIL ACTION - LAW : JURY TRIAL DEMANDED _DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Robert L. Barclay, by his attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, answers Plaintiffs' Complaint, as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraph 1; the same are therefore denied and proof thereof demanded. Admitted. Admitted. Admitted, with the clarification that there was another motor vehicle traveling directly in front of Plaintiff Nancy R. Speck as she approached the parking lot intersection. 5. Admitted °nly that, at the aforesaid time and place, Defendant Barclay was operating a 1995 Chevrolet Cavalier in the parking lot of Deli Creations located on West Louther Street. Denied that he "then drove directly out from the Deli Creations parking lot onto West Louther Street, Carlisle, Cumberland County, Pennsylvania." By way of further Answer, Defendant Barclay incorporates herein by reference the averments raised within his New Matter, infra. 6. Denied. By way of further Answer, Defendant Barclay incorporates herein by reference the averments raised within his New Matter, infra. 7. Admitted that the front portion of PlaintiffNancy R. Speck's vehicle collided with the left front of Defendant Barclay's vehicle; denied that it collided with the side of Defendant Barclay's vehicle. 8. The allegations of causation, negligence, wantonness and recklessness in Paragraph 8 set forth conclusions of law to which no response is required. As to the remaining averments of fact, Defendant Barclay: (a) Denies that he failed to yield the right-of-way to Plaintiff's vehicle; Co) Denies that he failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) Denies that he failed to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (d) Denies that he failed to have proper and adequate control over his vehicle; -2- (e) (0 Denies that he failed to take reasonable evasive action to avoid the accident; and Denies that he drove his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. ANSWER TO CLAIM 1 _Nancy R. Speck v. Robert L. Barclay 9. Defendant incorporates herein by reference his answers to Paragraphs 1-8, above. 10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 10; the same are therefore denied and proof thereof demanded. 11. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 11; the same are therefore denied and proof thereof demanded. 12. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 12; the same are therefore denied and proof thereof demanded. 13. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 13; the same are therefore denied and proof thereof demanded. -3- 14. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 14; the same are therefore denied and proof thereof demanded. 15. Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments set forth in Paragraph 15; the same are therefore denied and proof thereof demanded. 16. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 16; the same are therefore denied and proof thereof demanded. 17. Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments set forth in Paragraph 17; the same are therefore denied and proof thereof demanded. WHEREFORE, Defendant Barclay respectfully demands judgment in his favor and against the Plaintiffs. ANSWER TO CLAIM II _Brian Speck v. Robert L. Barclay 18. Defendant incorporates herein by reference his answers to Paragraphs 1-17, above. 19. Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments set forth in Paragraph 19; the same are therefore denied and proof thereof demanded. -4- WHEREFORE, Defendant Barclay respectfully demands judgment in his favor and against the Plaintiffs. _NEW MATTER 20. Plaintiffs fail to state a claim upon which relief can be granted. 21. The injuries and/or damages that Plaintiffs allege were caused, in whole or in part, by the actions and/or omissions of persons other than Defendant. 22. The injuries and/or damages that Plaintiffs allege were not caused by or related to the accident at issue. 23. At all times relevant hereto, as Defendant Barclay waited in the parking lot in order to commence a left turn onto Louther Street, there approached from his left a Chevrolet Blazer, which was traveling westbound on Louther Street. 24. The vehicle operated by Plaintiff Nancy R. Speck was traveling immediately behind the aforementioned Chevrolet Blazer. 25. As the Chevrolet Blazer approached the intersection of Louther Street and the parking lot, the operator of that vehicle slowed down, in order to prepare to make a fight turn into the parking lot. 26. As the Chevrolet Blazer slowed to a stop and then commenced her turn into the parking lot, Defendant Barclay checked for other traffic, saw none, and commenced his left turn onto Louther Street. -5- 27. After Defendant Barclay had commenced his left turn onto Louther Street, Plaintiff Nancy R. Speck maneuvered her vehicle around the left~hand side of the Chevrolet Blazer, in order to pass it before it had completed its turn into the parking lot. 28. In the course of maneuvering her vehicle around the Chevrolet Blazer as alleged in Paragraph 27, above, Plaintiff Nancy R. Speck: left her lane of travel and caused all or part of her vehicle to enter the eastbound lane of travel; and b. failed to activate her left turn signal; and failed to yield the right-of-way in the eastbound lane to Defendant Barclay's vehicle; and failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway, including Defendant Barclay's; and failed to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware, including but not limited to the Chevrolet Blazer's not having completed its exit from Louther Street and Defendant Barclay's vehicle presence on Louther Street; and failed to take reasonable evasive action to avoid the accident; and drove her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and caused her vehicle to strike the Cavalier being operated by Defendant Barclay. 29. The doctrine of contributory negligence and Pennsylvania's comparative negligence statute may serve to bar all or part of Plaintiffs' claims. 30. The doctrine of assumption of risk may serve to bar Plaintiffs' claims. 31. Plaintiffs' right of recovery may be limited, in whole or in part, by their tort option selection, pursuant to Pennsylvania's Motor Vehicle Financial Responsibility Law. Respectfully submitted, By:._ Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 Attorneys for Defendant Robert L. Barclay Date: VERIFICATION I, Robert L. Barclay, hereby verify that the facts contained in the foregoing Defendant's Answer to Plaintiffs' Complaint with New Matter are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. RolSert L. Barclay Date: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Answer to Plaintiffs' Com,,~;-~ ~,mmt wtm ~ ew ~v~atter oy placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Date: Brigid Q. Alfo~, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs ROBERT L. BARCLAY, CIVIL ACTION - LAW NO. 03-3051 Civil Term Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovne~, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 20. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs' Complaint does state a cause of action upon which rellef may be granted. 21. Defendant's averment is a conclusion of law to which no responsive ldleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs' injuries and damages were caused solely ~d directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defehdant. 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 23. 27. Defendant's averments are conclusions of law to which no responsive pleadings are required. To the extent the averments may be deemed factual, they iare hereby specifically denied. By way of amplification, the averments are irrelevant to the instant ~ction. The existence of another vehicle upon the roadway does not mean that the Defendant did not have to observe all of the roles, regulations, and requirements of the Pennsylvania Motor Vehicle Code. At all times applicable hereto, Defendant operated his vehicle in negligent, careless, wanton, and reckless manner and was the sole cause of the accident referred to in Plaintiffs' Complaint. Plaintiff Nancy R. Speck was in no way negligent. All of Plaintiffs' injuries and damages are recoverable in the instant action. 28. Defendant's averment is a conclusion of law to which no responsive Pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously indicated herein, Plaintiff Nancy R. Speck was !n no way negligent in the happening of this accident. All of Plaintiffs' injuries and damages Vqere caused solely by the negligent, careless, wanton, and reckless conduct of the instant Defendant and are recoverable in the instant action. Further, Plaintiff Nancy R. Speck: (a) (b) (c) denies she left her lane of travel at any time applicable to the instant action; denies she was required to activate her left turn signal; denies she failed to yield the right-of-way to Defendant Barclay; rather, Plaintiff Nancy R. Speck had the right-of-way; (d) was alert and maintained a property watch for the presence of other motor vehicles on the highway; (e) drove her vehicle with due regard for highway and traffic conditions which were existing and of which she was aware; took reasonable and evasive action to avoid the accident; however, ibecause of Defendant's negligent, careless, wanton, and reckless conduct, the adcident was unavoidable; (g) drove her vehicle in a safe, prudent, and proper manner and with the utmost regard for the rights and safety of other motor vehicles and pursuant to all of the requirements of the Pennsylvania Motor Vehicle Code; (h) was struck by the Cavalier being operated by Defendant Barclay because of the negligent, careless, wanton, and reckless conduct of Defendant Barclay. 29. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification; Plaintiff was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act and doctrine of contributory negligence do not apply to the instant action. All of Plaintiffs injuries and damages were caused solely and directly as a re§ult of the negligence, carelessness, wantonness and recklessness of the instant Defendant. Further, all of Plaintiffs' injuries and damages are recoverable in the instant action and are in no way reduced. 30. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically d~nied. By way of amplification, Plaintiff Nancy R. Speck did not assume the risk of her injuries.[ Further, Plaintiffwas not negligent or careless. All ' ' ' ofPlmnt~ffs ~njunes and damages are recoverfible in the instant action. 31. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the Plaintiffs selected the full tort option on theis policy and il, therefore, entitled to maintain an action for non-economic losses. Further, PlaintiffNancy R. Spec~ did suffer a serious injury. Plaintiffs' Declaration Page is attached hereto as Exhibit A. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. ANGINO & ROVNER, P.C. Date: August 18, 2003 ~. Sadlock I.I ~. 47281 PA 17110 (717) 238-6791 Counsel for Plaintiffs VERIFICATION We, Nancy R. Speck and Brian Speck, Plaintiffs, have read the foregoing PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. SeCtion 4904, relating to unsworn falsification to authorities. Brian Speck 260676,1 \RASWiLB Allstate Insurance Company Summa NAMED INSURED(S) Brian A & Nancy R Speck 337 Juniper St Carlisle PA 17013-2525 RENEWAL Auto Policy Declarations YOUR ALLSTATE AGENT IS V Berry Assoc (717) 541-4390 5 N Progress Avenue Harrisburg PA 17109 YOUR BILL lists your payment options. POLICY NUMBER POLICY PERIOD 0 28 923256 12/26 June 26, 2001 to Dec. 26, 2001 at 12:01 a.m, standard time DRIVER(S) LISTED DRIVER(S) EXCLUDED Bdan Nancy None VEHICLES COVERED VEHICLE ID NUMBER LIENHOLDER 1. 86 ToyotaCorolla JT2AE82E6G3416603 None 2. O0 Plym Truck Grnd Voyager 2P4GP44G7YR649011 Chrysler Financial Total Premium Premium For 86 Toyota Corolla $144,40 Premium for 00 Plym Truck Grnd Voyager $352.20 TOTAL $496.60 v/ Yourtotolpremiurnreflectsocombinedd/ucountof$273.10 Your Policy Effective Dote io June 26, 2001 IN ACCORDANCE WITH SEll'ION 1725 OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITy LAW, THiS IS TO INFORM YOU THAT COLLISION DAMAGE TO A RENTAL VEHICLE WILL BE COVERED IF: 1 ) THE RENTAL VEHICLE iS A FOUR WHEEL PRIVATE PASSENGER AUTOM OglLE OR A UTILITY AUTOMOBILE, AND 2) AT LEAST ONE PREMIUM FOR AUTO COLLISION COVERAGE APPEARS ON YOUR POLICY DECLARATIONS. COVERAGE WILL BE SUBJECT TO DEDUCTIBLES AND TD POLICY TERMS AND CONDITIONS, INCLUDING ANY APPLICABLE ENDORSEMENTS. AUTO '510003701052403033960602' Page I Allstate Insurance Com' ay Policy Number; 0 28 923256 12/26 Policy Effective Date: June 26, 2001 Your Agent: V Berry Assoc (717) 541-4390 COVERAGE FOR VEHICLE # 1 1986 Toyota Corolla COVERAGE LIMITS DEDUCTIBLE PREMIUM Automobile Liability Insurance -- Full Tort · Bodily Injury $100,000 each person Not Applicable $46,00 $300,000 each occurrence · Property Damage $100,000 each occurrence Not Applicable $47.00 Medical Expenses $10,000 each person Not Applicable $26.00 Funeral Expenses $2,500 each person Not Applicable $0.50 Income Loss Each person up to $5,000 maximum benefit NotApplicable $5.00 Subject to $1,000 monthly maximum Uninsured Motorists Insurance $15,000 each person Not Applicable $10.70 Full Tort/Stacked Limits $30,000 each accident Underinsured Motorists Insurance $15,000 each person Not Applicable $9.20 Full Tort / Stacked Limits $30,000 each accident Total Premium for 86 Toyota Corolla $144.40 DISCOUNTS Your premium for this vehicle reflects the following discounts: Multiple Car $40.00 Muttiple Policy $8.00 Economy Car $9.00 Pramier Plus $30,00 RATING INFORMATION This vehicle is driven over 7,500 miles per year, over 20 miles to work/school, adult age 41, with no unmarried driver under 25 Page 2 Ailstate Insurance Com,..,ny Policy Number: 0 28 923256 12/26 Policy Effective Date: June 26, 2001 Your Agent: V BerryAssoc (717)541-4390 COVERAGE FOR VEHICLE # 2 2000 Plym Truck Grnd Voyager COVERAGE LIMITS DEDUCTIBLE PREMfUM Automobile Liability Insurance -- Full Tort · Bodily Injury $100,000 each person Not Applicable $42.00 $300,000 each occurrence · Property Damage $100,000 each occurrence Not Applicable $42.00 Medical Expenses $10,000 each person Not Applicable $19.00 Funeral Expenses $2,500 each person Not Applicable $0.40 Jncome Loss Each person up to $5,000 maximum benefit Not Applicable $3.00 Subject to $1,000 monthly maximum Uninsured Motorists Insurance $15,000 each person Not Applicable $10.80 Full Tort / Stacked Limits $30,000 each accident Undednsurad Motorists fnsurance $15,000 each person Not Applicable $9.20 Full Tort/Stacked Limits $30,000 each accident Auto Collision rnsurance Actual Cash Value $500 $134.00 Auto Comprehensive Insurance Actual Cash Value $0 $75.00 Towin9 and Labor Coats Coverage $50 each disablement Not Applicable $5.00 Rental Reimbursement Coverage up to $20 per day for Not Applicable $11.90 a maximum of 30 days Total Premium for 00 Plym Truck Grnd Voyager $352.20 DISCOUNTS Your premium for this vehicle reflects the following discounts: Mul'dple Car $51.00 Passive Restraint $9.10 Multiple Policy $21.00 Antilock Brakes $25.00 Premier Plus $80.00 RATING INFORMATION This vehicle is driven over 7,500 miles per year, for pleasure, adult age 42, with no unmarried driver under 25 Page 3 Alistate Insurance ConT. ay Policy Numbei': O 28 923256 12/26 Policy Eflective Date: June 26, 2001 Yom' Agent: V Berry Assoc (717) 541-4390 Your Po/icy Documents Your auto policy consists of this Policy Declarations and the documents listed below. Please k:eep these together. - Pennsylvania Auto Insurance Policy form AU137-3 - Loss Payable Clause Endorsement form AU166 - Amendment of Policy Provisions form AU2308 - Amendment of Policy Provisions form AU1900-3 IN WITNESS WHEREOF, Allstate has caused this policy to be signed by its Secretary and its President at Northbrook, Illinois, and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by Secretary President, Personal Lines Page 4 CERTIFICATE0 OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of' Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT on the following via postage prepaid, first class United ', ;rates mail, addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Date: August 18, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs ROBERYL. BARCLAY, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL DEMANDED PRAECIPE Please discontinue the loss of consortium claim as to Brian Speck only without prejudice. Date: August 21, 2003 Respectfully submitted, , ~j~m_a_rcl A. 8adlock, ES~l~ - I.~ 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs _CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE TO DISCONTINUE LOSS OF CONSORTIUM CLAIM OF BRIAN SPECK on the following via postage prepaid, first class United States mail, addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Date: August 21, 2003 Marcy L. l~rymesse(l] ' ~' 264823,1 ~RAS~MLB 1N THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, ROBERT L. BARCLAY, Plaintiffs Defendam CIVIL ACTION - LAW NO. 03-3051 Civil Term i JURY TRIAL DEMANDED STIPULATION OF COUNSEL_ The parties hereby agree to amend the caption as follows: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant NANCY R. SPECK, ¥. ROBERT L. BARCLAY, CIVIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL DEMANDED I.D. No. 38590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street, P.O. Box 74l Harrisburg, PA 17108-0741 (717) 236-9377 Counsel for Defendant Date: Esquire No. 47281 Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: ~ ~[q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs ROBERTL. BARCLAY, Defendant CIVIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this Z q.//2, day of [~ ~'\ . , 2003, it is hereby Ordered and Decreed pursuant to the Stipulation of Counsel that the caption in the above matter is hereby amended as follows: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK, V. ROBERT L. BARCLAY, Plaintiff Defendant CIVIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL DEMANDED 264825.1~RAS\MLB 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaintiffs ROBERT L. BARCLAY, Defendant CIVIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL, DEMANDED STIPULATION OF COUNSEL The parties hereby agree to amend the caption as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK, V. ROBERT L. BARCLAY, Plaintiff Defendant CIVIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL DEMANDED Boswell, Tintner, Piccola & Wickersham 315 North Front Street, P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Counsel for Defendant Date: Esquire .D. No. 47281 Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel fbr Plaintiff Brigid Q. AIford, Esquire Supreme Court I.D. #38590 Jeffxey E, Piccola, Esquire Supreme Cour~ I,D. #18018 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Hanisburg, Pennsylvania 17108-0741 Attorneys for Defendant Robert L Barclay NANCY 1L SPECK, Plaintiff Vo ROBERT L. BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-3051 CIVIL TERM .. : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was provided to Plaintiffs' counsel at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) Counsel for Plaintiffs has waived the 20-day waiting period.. (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, By: Bfigid q. A.lford, Esqui~ Supreme Court #38590 Jeffrey E. Piccola, Esquire Supreme Court #18018 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys f~ar Defendant Barclay Brigid Q. Alford, Esquire Supreme Court I.D. #35590 Je ffi~¥ E. Piccola, Esqui~ Supreme Court I.D. #180i8 BOSWELL, TINTNEIL PICCOLA & ALFORD 3i5 North Front Sa'~et Post Office Box Har~sburg, pennsylvania 17108-07gl At~meys for Defendant Robert L Barclay NANCY R. SPECK, Plaintiff Vo ROBERT L. BARCLAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3051 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Barclay intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 1. Daniel J. McCann, D.C. 2. Douglas C. Kiehl, M.D. 3. Amn Kapoor, M.D. 4. Rodney K. Hough, M.D. and Willis W. Williard, M.D. 5. Walnut Bottom Radiology 6. Gerald Turgeon, D.O. 7. Robert Siquenza, M.D. 8. Kevin Clawson, M.D. 9. United Health and Human Services 10. Cumberland County Office of Aging & Community Services 11. Heartland Hospice You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, By: Brigid Q(. Alford, Esqu~e Supreme Court #38590 Boswell, Trainer, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys fbr Defendant Robert L. Barclay Date: cOUNTY OF cU NANCY R. SPECK Plaintiff ; : ROBERT L. BARCLAY, Defendant : FROOUC5 DocUMSNTS QRTHINGS SuBPOENATO PURSUANTTQ RULE 4009.22 FOR DISCOVSRY Daniel J. McCann, D.C. File No. __ 03-$051 CIVIL TERM ;.drain uwenW (20) Ca,/s a~er se~iPe cf this su=pcena, you are ordered by the cou~ to produce the fdllawina -~- ' ' medical.recordS, treatment records, corresponden_~_~__ copies of any and all referrals, etc. for Nancy R. Speck, Date-of-birth: April 8, 1959; SS~169-54-9868 from Jan. 1, 1991 to present. -~~~et Harrisbur , PA 17101 ~ , · '' this subpoena. ,me ,~c ....... ts , , ,,, .~ = '-- ~ - listed a~ove. You have ..... ,~=livercr mail [egibie cccies of" ~ ~ ~=~' or :rscuce things recueStec cy . ... ...... ~, ,¢;nG the thin~s sought. sub=c~na 'within ~em~y (20) days a~er its you fail to produce the documents or things required by this ' ' to wire it. :~e =arw serving this subpoena may seek a court order ccmpe!ling you comply ~iame~ Briqid Q. Alford¢ Esquire - &CCress: 315 N. Front St., p.O. Box 741 Harrisbur~7108-0741 ~ Teie2hcne' (717) _~ ,-,e. ,- Court l0 ~ :,'..'.c r ney For: 236-9377 38590 Defendant Robert L. · %eel of ~he Cour'C Barclay gether er,vice, BY THc.. COURT: prc~honotary/Ole~, cOUNTY OF CUM$~LANO NANCY R. sPECK ROBERT L. Plaintiff FiieMo. __ 03-3051 CIVIL TERM V. ; BARCLAY, Defendant ; SuBPOSNATQ p~ODUC5 DocUMSNTS Q RTHINGS FOR DISCOVS~Y pURSUANT TO RULE 4009.22 Dougles C. Kiehl, M.D. ~'0: -.---- t,he ccu to produce the faIlcwing $ ~.., ~,,0 ~, ,~,litnin L'¢;en~ (20) d~ys ~er $e~¢ic~ of this .,~ =n- you are ordered by Copies of any and all medical records, treatment records, co ~ 1959; referrals, etc. for Nancy R. Speck, Date-of-birth: April 8, SS%169-54-9868 from Jan. 1, 1991 to present. ~ - :-burC, PA 17101 315 Nort~ ..~ .-~ ..... s recue~;=d by (his subpoena, t~gether ...... =~ihie cocoas or ~he ~c~-, , ,ts ~ . -.~- -~-:~ list:d above. You have t~e ng,,. , y . . %H{S 5UBpOSNA WAS ~SSUEO ATTH5 REQUEST 0¢ THE FOLLOWING pErSON: Name Bri AdC~es~: 315 N. Front St., p.O. Box 741 _ ~arrisbur , PA ~108-0741 re!e=hcr, e.__(717) 236-9377 ~=remeCcur:ig ~ 38590 &~;crney F~F: Defendant Robert L. Barclay Seal of ~he Ccur~ B,y TH=_ COURT: Prcthonotary/Olet~;(. Ci ' DivisiOn ..... COUN"r¢ (DF CUMB~Rt-~ND · NANCY R. sPECK Vo ROBERT L- BARCLAY, Plaintiff : File No. Defendant sUBPQENATO FROgUCEDOCUMENTS ORTHINGS FOR gISCOVERY pURSUANTTO RULE ¢009.22 Arun Kapoor, M.D. 03-3051 ~IVIL TERM ,'/itnin cwen~ (20) days a~er semite cf this s~o-. . ~ccumen~s or copies of any and all medical .records, treatment records, correspo ~ , referrals, etc. for Nancy R. Speck, Date-of-birth: April 8 1959; SS~169-54-9868 from Jan. 1, 1991 to present. , . '.~ ,~= ~-~i=s or ~rcduc{nc the things sougnL 7;~S SUBPOENA WAS ISSdED ATT;~5 ~,~.QUEST OF THE FOLLOWING P~RSON: ~iame Bri id Q. Ai~ ~ u~re ~CCr~ss: 315 N. Front St., p.O. Box 741 Earrisbur , PA 1710~0741 7e,,e,~hcc.e. (717) 236-9377 5u=reme Ccur; iQ ~ 38590 &.'..'.$.*.-,ey ~0r: Defendant Robert L. Barclay Seal of the Ccur',: THE CoU&T: Prcthcnctary/Cle.rk, rj~w~ vision coUNTY OF cuMB~R~.-~NiD · NANCY R. SPECK Plaintiff: File No. 03-3051 ~CIVIL TERM ROBERT L. BARCLAY, Defendant SuBPOENATO DROOUC5 DocUMF-.NTS ORTHINGS FOR DISCOVS~Y puRSUANTTO RULP' 4009.22 Houqh M.D. and Will' ' i d -- ~,O: Rodne K. ~ou n ~'~- ......... -- ____----- (Name =f person cr Within ~'¢;enW (20) days &~er service cf this sub¢oena, ycu are crder~.:d by the c,ou~ to craduce t,he following ' '¢~CS: S correspondence I 2ccume~ or[n~ . *.' ...... ds treatment r~cord , Copies of any and all mealcai .==~= ' ; referrals, etc. for Nancy R. Speck, Date-of-birth: April 8 1959 SS~169-54-9868 from Jan. 1, 1991 to present. .... ~ , = ~hincs recueS~d ~Y th~s subpcena, to ~e~her v~,, may Cetiver or mail ~egibie ,==ties cf t~e ccc=me~s or ~' ~uc- - . .vi(n t~e c=¢dfica~e cf ccmcha~ce, ~c t~e ~arW mzk~m~ this re,=ues~ at the address iisted abcve. Ycu have ~ .. - - -¢ ~ ccs~ CT preparin~ the copies or ~ro( .... ng the ~nings soucht. ' ~ ~¢ ¢~[linc VCU to comply wire it. 138 sar~/serving ~is su~OCena may seek a cou~ ~r.-r -~,,,~ - - - m- ~== FOL~ C,WiNG pErSON: Bri id Q. A!ford ~ uzre 315 N. Front St., P.O. Box 741 _ Harrisbur , PA 17108-0741 Telechcne'_ (717) 236-9377 - - .-~=~=CcurtlO ~ 38590 ......... ~0r: Defendant Robert L. Barclay SY THE COU~T: Sma~ of ~e Cour~ coUNTY OF CUM~ERL-ANU; · NANCY R. SPECK : Plaintiff Tile No. __ 03-3051 CIVIL TERM ROBERT L. BARCLAY, Defendant SUBPOENATQ pRODUCE DocuMENTS (DRTH~NGS FOR DISCOVERY pURSUANTTO RULF 400.:.22 Walnut Bottom Radiology CccumeC,~s or ~hin~s: correspondence, copies of any and all medical records, treatment records, referrals, etc. for Nancy R. Speck, Date-of-birth.: A~il 8, 1959; sS~169-54-9868 from Jan. 1, 1991 to present. . - --~ '=~;~ e ccc~es of ~he ~cc ....... ts ~ .... ,. -~,=~ isted a~cve. You have .~[e r,g . -. · 0¢ T;~ FOLLOWING, :. ,SON. >iame Bri id . Alford ~ u2re actress: 315 N. Front S~, p.O. Box 74~ Harrisbur , PA 17108-0741 -=~=2hcae' (717) 236-9377 38590 -- 5c2reme Ccur~ lQ ~ &~c~ney ~or: Defendant Robert L. Barclay BY THE CouRT: -- , rcthcnotaw/CIert]~~ Seal of the CcuC ~ff, coMMONWEALTH coUNTY (DF cUMBeRLAND NANCY R. ROBERT L. SPECK Plaintiff Fi~e No. _ 03-3051 v. CIVIL TERM BARCLAY, Defendant sUBPOENA TOPRODUCEDOCUMENTS OR THING$ FOR DISCOVERY FURSUANTTO RULE!4009.22 Geral~ ~0: -.----------- (Name of Fer$~n or ;,dthin m~en~ (20) Cays a~er ser,~ice of this subpoena, you are ordered by the cou~ to produce the folllowing documents or things: Copies of any and all medical .records, treatment records, corre __ referrals etc for Nancy R. Speck, Date-of-birth: April 8, 1959; sS~169-54-9868 from Jan. 1, 1991 to present. ~ t Harrisbur PA 17101 315 North ~ruu~ ~ ..... -~ ='~'nc"s re~uestsd by t~[s subpoena, to~ e~her ' · ~----=il leci~te coc es of the documents or ~r~uc- ~'~'2:=~32-- listed a~ove You haveth~ ri~h~ 7 .~ ' ~,*:::--'= cf ccm~tiance, to t~e ~ar,y ,,,=.-,, ,~ - proc. uciag t~e thin~s sought. :: seek in adv~poe .ne re=SOn=~.- c~s~ you fail ~c prcduc~ the documents or things required by this sub~oena within ~¢em~ (20) days a~er its s~ trice, ..... . ~r~er ccm2¢tiinc you (o comply wi~h it. :~e ;art/serving this subpoena may seek = ~-, ~ - . - - THIS SuBPOENAWASISSUEDATTH5 REQUEST OF THE FOLLOWING pERSON: Name Briqid Q. Alf°rdt Esquire 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 ~u?eme Court ID -.- 38590 &;torney For: Defendant Robert L. Barclay BY THE COURT: (Eft. ...... GoUNTY OF GUM~-RL'AND NANCY R. SPECK Ve Plaintiff File No. 03-3051 CIVIL TERM ROBERT L. BARCLAY, Defendant SUBPQsNATO PRODUCSOOCLIM~NTS QRTHINGS FOR OISCOVBRY FURSUANTTO RUL=- 4009.22 Robert Siquenza, M.D. - . ~ , ..~n rcenW (20) Cavs a~er Copies of any and ail medical .records, treatment re referrals, etc. for Nancy R. Speck, Date-o~-birtk: April 8, 1959; SS~169-54-9868 from Jan. 1, 1991 ~ t Har~sbur , PA 17101 =. 3~ North Fron~ o~= ...... - · ---~,,-= the dccume~ts or ~,,:n~s ,-~ul Y ,,: ...... · iame B~2 id Q. Alfo~ ~ u&re &dCress: 315 N. Front St., P.O. Box 741 Harrisbur~ 17108-0741 r_=!e=hcr, e'_ (717) 236-9377 - 5_.-.re~..e Court 10 ~ 38590 ~::crne'/ ~r: Defendant Robert L. Barclay _ Seal of ~,he Court (Eft' cOUNTY ~F cUMBERLaND NANCY R. sPECK Plaintiff File No. 03-3051 -CIVIL TERM V. ROBERT L. BARCLAY, Defendant : SUSPQ=_NATO FRODUC5 DOCUMENTS (DRTH[NGS FO[::[ DISCOVERY PURSUANTTO RULE 4009.22 Kevin Clawson, M.D. ' ' recordS, treatment ~ccumen~s cr inmos. ~ -~l medical Copies of any aha ~ - referrals etc for Nancy R. Speck, Date-of-birth: April 8, 1959; sS~169-54-9868 from Jan. 1 1991 to present. ~ - ,,arrisbur , PA 17101 . within ~em~ (20) days a~er its ~arvice, ~f you f~ii to ~rc~uca the Ccc'Jm~t~ or things r=qu~r=d by th~s sub~cena · -; subpCena m~y seek ~ ccur~ crder T:~[S SU~-,=CENA WAS ISSUED ~TTHE ~,EQUEST OF THE FOLLOWING ..... ON. Bri id Q. Alford Es u~re __315 N. Front St., P.O. Box 741 Ha~108-0741 Te!e;hcme-__(717) 236-9377 3~:remeCcurtIQ ~ _ 38590 &::trina'/For: Defendant Robert L. Barclay Seal of t,he Court BY TH=- CouRT: F. ff, TI'CT) coUNTY OF cUMBERLAND NANCY R. SPECK 03-3051 CIVIL TERM Fiie No. V. ROBERT L. BARCLAY, Defendant sUBPOENATO pRODUCE DOCUMENTS oRTHINGS FOR DISCOVERY PuRSUANTTO RULE'" 4009.22 'United Health and ' Wknin mcenW (20) days a~er sa~ice of (his subpoena, you are ordered by the cou~ to produce t~e I Cccumen~s or ~i~s: ' - ~ersonnel Copies of an and all em lo ment recoras ~ . evaluations, salar records and em lo ment a lications for Nanc ~ S ~~ A ~zl 8, 1959; SS~169-54-9869 fro~~ rth ~eet Harrisbur . pA_,17101 . 315 NO ' zt 315 North rruz~ ¢ ..... (ACcess) ~ =,~ .~= r=cuest=d ~y this subpoena, toCether ~f you fait to ~rcduce ~he documents or thin~s required by ~his subpoena within ~en~ (20) days a~er its s rv~C8, · · --- =k a cour~ order compelling you to comply with it :ne ~arrf serving %h~s subpoena ,,,=Y se_. , -= c SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLCWiNG pERSON: Hame Briqid Q- Alf°rdr Esquire ,.-,,.,= :. 315 N. Front St., P.O. Box 741 Harrisbu~- 0741 7~=le~hone. ~(717 ) 236-9377 ~u~reme CcurtiO # 38590 z,.-.;crney ,=or: Defendant Robert L. Barclay Seal of ~he Ccur~ THE CouRT: Prothonotary/CleM, Civil [ ,ivision cOUNTY OF NANCY R. SPECK Plaintiff File No. ~03-3051 CIVIL TERM Seal of the Ccur~ ~Y THE CouRT: -- PrcthcnotarylCle~. Civ i C_ff. T!~T) _--- ~- --~-- - oWiNG .... ~ ~WASiSSUEDATT;_i__2R=_.~u:=, ~- ,,_r-OL- ~iame Bri id . A!ford Es u~re ~dC:es-'-: 315 N- Front St., p.O. Box 741 Earrisbur ,,~7108-0741 Te!echcae'_(717) 236-9377 - ~c'_remeCcurtiQ ~ ~ 38590 -- :,:;cr,~eyFor:_ Defendant Robert L. Barclay _ ROBERT L. BARCLAY, Defendant suEPOENATO FRO[DUCE [DocUMENTS ORTHiNGS FOR DISCOVERY puRSUANTTO RULE 4009.22 cumberland County office of ~~it Services Within ~¢emW (20) Ca,/s after se~ica of this subpoema, you are ordered by the cmur~ to produce the fdltcwing ~=c ...... _ 11 emDlO ment records ersonnel rec°rdsr performance~ Copies of an aha a '~k~ evaluations, salar records and em lo menta 12~ Date-of-birth: A ril 8, 1959; SS~169-54-9869 fro · ~et Harr~ , ~ 17101 v-,, may deliver cr mai[ legible cccieS of ~,, ........ . .-- . .... , -- = the parW making this recueS: at tree address listed above. You have ~e submc~-,= w ~n~n ~ven~ (20) days a~er its er,vice. if you fa~i to ~rcduCa the documents cr bhim~s required by this . -.' . =, - order ccm:eifimg you to corn;fy with it NANCY R. SPECK Plaintiff File No. _ 03-3~0051 CIVIL TERM Vo ROBERT L. BARCLAY, Defendant SUBPQSNATO pRoDUCE [DQcUMSNTS QRTHINGS FOR OIscOVEF, Y puRsUANTTO RULe=- 4009.22 Heartland Hospice ~¢~¢e~ts Orifices: ' - rsonnel r¢ords er~or~ance '~opies of an and all em lo ment recoras e ..el r=uu=~ -- evaluations, salar records and em lo ent a !ic~ ~ril 8, 1959; SS~169-54-9869 fro,~. _ ~et Harr~ , ~ 17101 ~, .~. .=~,,est=d ~v this subpoena, toke:her ...... ¢- ..- .-- ~ ~iiamce, ~o the p~rw,,,~-'"'~ ~ .... . ....... ~,,¢~ the (~mcs sougn~. :; seek m acv~ ..... , ,~ . - '. ' m~enW(20) days a~erits africa, :f you fail ~ produce the documents or thin~s recuired by ~h~s subpcen;: :~e =arW serving ~his subpoena may seek a cour~ order compelling yc~u = ^ WAS ISSUED ~iTH-- RC_QU,--ST OF TH5 FOLLOWING pSP, SON: O.N~ Bri id Q. Alfo~ ~ u~re ~ N. ~nt St., p.~ B~ 741 Earrisbur , PA 17108-0741 (717) 236-9377 -- Ccur~[O ~ 38590 -- ~Defendant Robert L. Barclay _ - -' ' Seal of the Court ~y THE CouRT: Division --/,f/ prcthonotarT/Clerk' ~vi[ (~ff. T/~T) CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Barclay's Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Date: By: Brigid Q. ~{lford, Esqui~e~ CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Date: By: rigid Q. ~lford, Esquire~ Brigid Q. A1 ford, Esquire Sup:~me Court I.D. #38590 BOSWELL, TINTNEIL PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Hanlsbuxg, Pennsylvania 17108-0741 Attorneys for Defendant Robert L. Barclay NANCY R. SPECK, Plaintiff ROBERT L. BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : No. 03-3051 CIVIL TERM ._ : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was provided to Plaintiffs' counsel on November 4, 200!1, at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, marked as Exhibit A. (3) Counsel for Plaintiffs has waived the 20-day waiting period.. (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Respectfully submitted, Date: November 5, 2003 Bril~d Q. Alford, J[~quire Supreme Court #38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Barclay B~gid Q, Altbrck Esquire Supreme Cour~ I.D. #38590 BOSWELL, TINTNEK. PICCOLA & ALFORD 315 North Front Street Post Office Box 74l Harfisb~g, pennsylvania 17108-0741 Attorneys for Defendant Rober~ L. Barclay NANCY R. SPECK, Plaintiff ROBERT L. BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-3051 CIVIL TERM : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO pRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Barclay intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 5. 6. 7. 8. Gerald T. Turgeon, D.O. Benjamin Pariser, M.D. Bernard Zeliger, M.D.,A~Leith Zeliger, M.D. Orthopedic Institute of Pennsylvania Kenneth Guistwite, M.D. Penns Woods Physical Therapy Health South Physical Therapy Giant Pharmacy Carlisle Hospital 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. Respectfully submitted, By: Brigid QIJ Alford, Esqu' ~ Supreme Court #38590 Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Robert L. Barclay Date: November 4, 2003 COUNTY OF cUMBERLAND NANCY R. 'SPECK, : pLaTNTIFF ROBERT L. BARCLAY, Pile No. 03-3051 cr~i-L TERM DE~',~m~DANT SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY pURSUANTTO RULE 4009.22 GERALD T. TuKGEON, D.O., 805 SIR TROMAS COURT, RARP. ISBURG, PA 17109 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, i959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. ~ Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 (Address) YOU may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this.subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Brigid Q. Alford, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 ,. Telephone: (717) 236-9377 Supreme Court ID# 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotaw/Clerl<, Civil Division Date: Seal of the Court 'oeput7 (Eft. 7/97) COUNTY OF cuMBERLAND I~Ai~CY R. SPECK, ROB~IRT L. BARCLAY, pLAINTIFF File No. 03-3051 CIVIL '].'~.L,,M DEFENDANT SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY pURSUANTTO RULE 4009.22 TO: BENJAMIN PARISER, M.D., 5255 E SIMP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treaZment records, correspondence, refe=rals, etc., for NANCY E. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 199i to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 74I/Harrisburg, PA 17108-074i at _ (Address) You may deliver or mail legible copies of the documents or produce thinc, s requested by this subpoena, together witl~ the certificate of compliance, to the party makino this request at the address listed above. You have the right to seek in advance the reasonable cost of preparinC~ 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 yo~-~ to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Address: Brigid Q. Alford, Esquire 315 N. Front Street/PO Box 74i Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Supreme Court lD ~ 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court ~eputY (Eft. 7/97) cOUNTY OF cuMBERLAND NAN,CY R. 'SPECK, ROBERT L. BARCLAY, pLAINTIFF File No. SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 BEI~AI~ ZELIGER, H.D./KEITE ZELIGER, H.B, ORTHOPEDIC INSTITUTg OF PENNSYLVANIA 03-3051 CIVIL TERM TO: 450 POW]!~S A~9~E, SU'[T"E 101 (Name of Person or Entity) ~RILISBURG, PA 17109 Within ~en~ (20) days a~er service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, ~rea~ment records, correspondence, refe=rals, e~c., for NA~NCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January i, 1991 to the present. Brigid Q- Alford, Esquire, 315 N. Front Street/PO Box 74i/Harrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Address: Brigid Q. Alford, Esquire 315 N. Front Street/PO Box 741 Rarrisbur$, PA 17108-0741 Telephone: (717) 236-9377 Supreme Court fD~- 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Di¥i~ion Date: Seal of the Court DepUtY (Eft. 7/97) I,IAi, I,C'Y K. 'SPECK, ROBERT L. BAR. CLA¥, File No. DEFEi~D~T sUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 03-3051 CIVIL TERM TO: ~ It. GUISTWITE M.D. 566 S P (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 74I/Harrisburg, PA 17108-0741 at __ (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Address: Brisid Q. Alfor¢, Esquire 315 N. Front Street/PO Box 741 Earrisbur$, PA i7108-0741 ~, Telephone: (717) 236-9377 " Supreme Court ID~ 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court [~eputy (Eft. 7/97) COMMONWEALTH OF pENNSYLVANIA COUNTY OF CUMBERLAND NANCY K. SPECK, Vo ROBERT L. BARCLAY, TO: PT.A~IFF : File No. : DEFENDANT : SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 PENNS Ia)ODS PHYSICAL 3'H~.KAPY -- 419 STO~s:HV.m]GE DKIVE~ C. AP~ISLE, PA 17013 03-~051 CML '£P~(H (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: , Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or procucing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Bri~id Q. Alford, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 '~ Telephone: (717) 236-9377 Supreme Court ID# 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) coUNTY Of CUMBERLAND NA~,CX x. S~ECK, ROBERT L. BARCLAY, File No. 03-3021 CIVIL TERM DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 MEALTM SOUTI{ PRYSICAL TR~IAPRY - 175 LAI~CAS'r~ BLED, MECMANICSBURG, PA 17055 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: , Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NAzNCY R. SPECK, Date of BirCh - April 8, i959; $S#i69-54-9868 Records requested are from January 1, 199i to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at _ (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Bri~id Q- Alford, Esquire Address; 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 ,~ Telephone: (717) 236-9377 '~ Supreme Court ID~ 38590 Attorney For: Defendant Robert L. Barcla~ BY THE COURT: Prothonotary/Clerk', Civil Division Date: Seal of the Court DepUty (Eft. 7197) COUNTY OF cuMBERLAND HAN. CY R. ' SPECK, ROBERT L. BARCLAY, pT.A~q~FF File No. : : suBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4.009.22 03-3051 CIVIL TERM TO: GT~rl: PE&RMAC~, 255 S. SPB_T~G (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, refe=rals, etc., for NANCY R. SPECK, Date of BirCh - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the presen, t. Bri$id Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA i7108-0741 at _ -- (Address) YOU may deliver or mail tegibie 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 Iisted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Bri~id q. Alford, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Supreme CourtfO ~ 38590 A~orney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Oeputy Seal of the Court (Eft. 7/97) cOUNTY OF CUMBERLAND R. -s zcz, ROBERT L. BAKCLAY, pT .A T'NT]?~'li' File No. 03-3051 C~VIL ~ DEFENDANT SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DIscOVERY PURSUANTTO RULE 4009.22 ATTN: CYNTIL[.A HO~'£~, DJ_KECTOR ~I~AT. ~CO~S ~I~EHOSPI~, 246 P~ S~, ~ISLE~ TO: (Name of Person or Enti~) Within ~enW (20) days After service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, treatmen~ records, correspondence, refe=rals, etc., for N~CY R. SPECK, Date of Btr~h - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce rhinos 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 cf 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 ATTHE REQUEST OF THE FOLLC,WING PERSON: Name Address: Brigid Q. Alfor¢, Esquire 315 N. Front Strget/PO Box 741 Harrisburg, PA i7108-0741 Telephone: (717) 236-9377 9 SupremeCourtlD# 38590 A~orney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Deputy Seal of the Court (Eft. 7/e7) CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Barclay's Notice of Intent to Serve Subpoenas to Produce Docaments and Things for Discovery Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Date: November 4, 2003 By: Denise L. Foster, Paralegal CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena on the following by first-class mail, postage prepaid and addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Denise L. Foster, Paralegal Date: November 4, 2003 Brlgld Q. Alford, Esquire Supreme Court I,D. #38590 BOSWELL, T!NTNEIL PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Petmsylvania 17108~)741 Attorneys for Defendant Robert L. Barclay NANCY R. SPECK, Plaintiff ROBERT L. BARCLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-3051 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO pRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Barclay intends to serve subpoenas identical to the ones that are attached to this notice upon the following: 5. 6. 7. 8. Gerald T. Turgeon, D.O. Benjamin Pariser, M.D. Bemard Zeliger, M.D.,/Keith Zeliger, M.D. Orthopedic Institute of Pennsylvania Kenneth Guistwite, M.D. Penns Woods Physical Therapy Health South Physical Therapy Giant Pharmacy Carlisle Hospital 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. Respectfully submkted, Date: November 4, 2003 By: Brigid Q0 Alford, Esquir)~ Supreme Court #38590 ~' Boswell, Tintner, Piccola & Alford 315 North Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Defendant Robert L. Barclay COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY R. SPECK, ROBERT L. BARCLAY TO: p'r. AINTIYF File No. 03-3051 CIVIL TERM DE~1~DANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE" 4009.22 G~,ALD T. TuKGEON, D.0., 805 SIR THONAS COURT, HARRISBURG, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the presenl:. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Brigid q. Alford, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 ,; Telephone: (717) 236-9377 Supreme Court ID # 38590 Attorney For: Defendant Robert L. Barclay BYTHECOURT: Prothonotary/Clerk', Civil Division Date: Seal of the Court Deputy (Eft. 7~97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANC~ R. SPECK, vo ROBERT L. BARCLAY, PT.ATlq~IFF File No. DE1;']~[DA~iT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE[ 4009.22 03-3051 CIVIL TO: BENJAMIN PARISEI[, M.D. 5255 E SIMP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, refe=rals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present:. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at_ (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS iSSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Brigid Q. Alford, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 L Telephone: (717) 236-9377 Supreme CourtID# 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court DepUty (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Iq~I'CY R. SPECK, ROBERT L. BARCLAY, TO: File No. 03-3051 CIVIL TERM DEi~ENDANT SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE! 4009.22 B~ItD Z~LIG]~t, M.D./I~IT~ ZELIGEIt, M.D, ORTHOPEDIC IlqSTITU'£~ OF PEI~NS~LVAI~IA 450 POT~;RS A~lgl~l%lg, SUITE 101 (Name of Person or EntitT) BAE~ISB~tG, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, refe=rals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present:. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Brigid q. Alford, Esquire Name Address: 315 N. Front Street/PO Box 741 Harrisburg, PA i~108-0741 Telephone: (717) 236-9377 Supreme Court ID# 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Oepuh/ (Eft. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY K. SPECK, ROBERT L. BARCI.~¥, pI'.A TgTI~'F File No. SUBPOENATO PRODUCE DOCUMENTS ORTNINGS FOR DISCOVERY PURSUANTTO RLILF 4009,22 03-3051 CIVIL TEP. M TO: K~:NNK'I'It ~[. CU[5'I'WII*:~, M.D.~ 566 S. PITT ST~I~.RT: ~.A}T.T~T.];. 1mA 17_n1~ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 at Records requested are from January 1, 1991 to the presenl:. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Bri~id Q. Alford, Esquire Address: 315 N. Front Stre:et/PO Box 741 Harrisburg, PA 17108-0741 ~, Telephone: (717) 236-9377 Supreme CourtlO# 38590 Attorney For: Defendant Robert L. Barcla7 BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NANCY R. SPECK, ROBERT L. BARCLAY Pile No. DEFENDANT SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 03-3051 CML ~ TO: P~tNS WOODS pH~$1CA?. 'i',K~aPY -- 419 STOI~HK-GE DRIIrE, CARLISLE, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at (Address) You may deliver or mai[ legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Brigid q. Alfordi, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 9 Telephone: (717) 236-9377 Supreme CourtID# 38590 Attorney For: Defendant Robert L. Barclay BY 'THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) cOMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HANCY R. SPECK, Vo ROBERT L. BARCLAY· TO: File No. 03-3051 CIVIL SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE[ 4009.22 W~AT.TH SOUTH PHYSICAL 'i'~-APHY - 175 LANCA$'£Zx BLVD, MECHANICSBURG, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at_ (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this.subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Bri~id q. Alford, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Supreme Court iD# 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Divisior, Date: Seal of the Court Oeput'/ (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND N~ICY R. SPECK~ ROBERT L. BARCLAY, File No. DEFI/~D~tT sUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 03-3051 CIVIL TERM TO: GZ~: t~[A~C~, 255 S. SPit]: C ~ (Name of Person or EntitT) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, refe=rals, etc., for NANCY R. SPECK, Date of Birth - April 8, 1959; SS#169-54-9868 __ Records requested are from January 1, 1991 to the present. at_ Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 74I/Harrisburg, PA 17108-0741 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Bri~id Q. Alfor¢~ Esquire Address; 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 ,~ Telephone: (717) 236-9377 Supreme Court ID # 38590 Attorney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date; Seal of the Court Deputy' (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I/ANCY R. SPECK, ROBERT L. BARCLAY File No. 03-3051 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULI= 4009.22 ATTN: CYN'£ItIA HITN'£J~K, DIRECTOR HEDICAL ECORDS CART.T.~T.E' HOSPITAL, 246 pARrK, S'rR~K'I:, ~.ART.TS~L,~ pA 17013 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: . Copies of any and all medical records, treatment records, correspondence, referrals, etc., for NANCY R. SPECK, Date of Birth - April 8, I959; SS#169-54-9868 Records requested are from January 1, 1991 to the present. Brigid Q. Alford, Esquire, 315 N. Front Street/PO Box 741/Harrisburg, PA 17108-0741 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this. subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name BriEid Q. Alfor4, Esquire Address: 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 ~ Telephone: (717) 236-9377 Supreme Court ID # 38590 A~orney For: Defendant Robert L. Barclay BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) CERTIFICATE OF SERVICE I do hereby certify that I have served a tree and correct copy of the foregoing Defendant Barclay's Notice of Intent to Serve Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by first-class United States mail upon the following parties at the addresses set forth below: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Date: November 4, 2003 By: Denise L. Foster, Paralegal ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire I.D. No. 77421 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock~angino-rovner, com Attorneys for Plaintiffs: Glenda Jaffe and Gerry Jaffe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY R. SPECK and BRIAN SPECK, her husband, Plaimiffs Vo ROBERT L. BARCLAY, Defendant C1VIL ACTION - LAW NO. 03-3051 Civil Term JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: December 1, 2004 Richard A. I.D. No. 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 289093