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HomeMy WebLinkAbout99-04136EUGENE DUNNING and TAMARA DUNNING, husband and wife, Plaintiffs V. KENNETH L. COMP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4136 CIVIL TERM CIVIL ACTION - LAW NOTICE OF RESCHEDULED ARBITRATORS' HEARING TO: Ronald M. Graham, Esquire Matthew R. Gover, Esquire Graham & Mauer, P.C. Nealon & Gover The Commons at Valley Forge, Suite 22 301 Market Street, 91" Fl. P.O. Box 987 P.O. Box 865 Valley Forge, PA 19482 Harrisburg, PA 17108 AND NOW, this 16" day of May, 2000, you are hereby notified that the Arbitrators appointed in the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: Monday, July 24, 2000 CAVEATS: 2. 3. kkm:133191-3 C: Mark K. Emery, Esquire Richard E. Connell, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office Time: 2:00 p.m. Location: The Law Offices of Johnson, Duffle, Stewart & Weidner 301 Market Street, Lemoyne, Pennsylvania THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE E?RING. Da id W. eLu , ECs/gCuir_xe,-Chairman Mark K. Emery, Esquire, Arbitrator Richard E. Connell, Esquire, Arbitrator May-16-00 07:40A rN - `k?rOY@?" i iii , isi.;°?! 0040M Tart Nt„ A7"TSRNEYS AT LAW May 15, 2000 David W. DeLuca, Esquire 3rd and Market Streets P.O. Box 109 Lemoyne, PA 17043-0109 P.O1 301 MARKET STREET • 9° FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717)233.9900 PAX, (717) 236.9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVm J. FREED CHRISTOPHER J. KNIGHT Post•It' Fax Note 7671 Data Tj W pag°e6o, To e. Luce From COJDOPL Co. Phone M Phona N Fall N Fax 0 RE. Dunning v. Comp Cumberland County 99-4136 CIVIL Dear Mr. DeLuca: This will confirm that the arbitration hearing in the above-referenced matter has been rescheduled to take place on Monday, July 24, 2000, at 2:00 p.m. at the law Offices of Johnson, Duffle, Stewart, & Weidner, 301 Market Street, Lemoyne, Pennsylvania. truly yours, AQA/J? Matthew R. Gover NEALON & GOVER MRG/sif cc: Ronald M. Graham, Esquire - via facsimile 610-983-0570 Mark K. Emery, Esquire - via facsimile 717-691-5441 Richard E. Connell, Esquire - via facsimile 717-232-2142 Ion i6t.c61VED No r my it 2000 LAW 5 AT JOHNSUN, UUFFIE STEWART AND WEID14ER May 10, 2000 David W. DeLuca, Esquire 3rd and Market Streets P.O. Box 109 Lemoyne, PA 17043-0109 717-761-3015 RE., Dunning v. Comp Cumberland County 99.4136 CIVIL Dear Mr. DeLuce: 301 MARKET STREET • 9^' FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717) 232-9900 FAX: (717(236-9119 JAMES G. NEALON, III MATTHEW R. COVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT The above-referenced matter is scheduled for arbitration in your office on May 24, 2000. Since the filing of the arbitration listing, additional discovery was undertaken. Specifically, wage records were received and ultimately forwarded to an Accountant for an independent review. We have since learned that several matters need to be supplemented by the Plaintiff in order for a thorough presentation to be provided to the arbitrators. This production may result in a settlement or the necessity for a hearing. I am requesting that the arbitration scheduled for May 24, 2000, be continued. I do this for the issue as to outstanding discovery, but also that the companion case has never properly been joined with the one originally listed. I am not certain that file is in your office at the present time. An additional reason is a personal one wherein my son is having a school program to which I would like to attend. I have contacted Plaintiffs' counsel regarding these issues and he has indicated that although he will not join in this request, he certainly will not oppose it. Would you please let me know whether you desire a formal Motion and/or Order. My reading of the Cumberland County Local Rules is that they are silent as to how this issue should be handled. Vg truly yours, ,V Matt ew R. Gover NEALON & GOVER MRG/slf cc: Ronald M. Graham, Esquire (via facsimile 610-983-0570) EUGENE DUNNING and TAMARA DUNNING, husband and wife, Plaintiffs V. KENNETH L. COMP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4136 CIVIL TERM CIVIL ACTION - LAW NOT/CE OFARB/TRA TORS' HEAR/NG TO: Ronald M. Graham, Esquire Matthew R. Gover, Esquire Graham & Mauer, P.C. Nealon & Gover The Commons at Valley Forge, Suite 22 301 Market Street, 9" Ff. P.O. Box 987 P.O. Box 865 Valley Forge, PA 19482 Harrisburg, PA 17108 AND NOW, this I Y -AL of April, 2000, you are hereby notified that the Arbitrators appointed in the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: Wednesday, May 24, 2000 Time: 10:00 a.m. CAVEATS: 1. 2. 3. kkm:133191 c: Mark K. Emery, Esquire Richard E. Connell, Esquire Cumberland County Court Administrator Bulletin Board, Prothonotary's Office Location: The Law Offices of Johnson, Duffle, Stewart & Weidner 301 Market Street, Lemoyne, Pennsylvania THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF H RING. Devi W. De uce, Esquire, Chairman Mark K. Emery, Esquire, Arbitrator Richard E. Connell, Esquire, Arbitrator r _ GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4136 ORDER AND NOW, this ?ay of 2000, //in consideration of the foregoing petition, /4ft4'd z4,-/ _ Esquire d LGG?a2 L?a7?rr2?? Esquire, are appointed arbitrators in the above captioned action as prayed for. By the Court, 7d3Y GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4136 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Ronald M. Graham, counsel for the Plaintiffs in the above action, respectfully represents that: The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is $25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Ronald M. Graham, Lisa J. Mauer, Matthew R. Gover, James G. Nealon, III, Brian W. Peery, David J. Freed, Christopher J. Knight. WHEREFORE, your petitioner respectfully requests that this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, GRAHAM & MAUER, P.C. By: Ronald V. g9ham, Esquire Date: February 24, 2000 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on this 241h day of February, 2000, a true and correct copy of Petition for Appointment of Arbitrators was mailed first class, postage prepaid to the following counsel of record: Matthew R. Grover, Esquire Nealon & Grover 301 Market Street - 9'h Floor P.O. Box 865 Harrisburg, PA 19107-0865 GRAHAM & MAUER, P.C. By: Ronald Plaintiffs C_J lJ r N N 1.6 EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS v. KENNETH L. COMP, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 994136 CIVIL TERM : CIVIL ACTION - AT LAW : 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, Kenneth L. Comp, certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served, 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. No objection to the Subpoena has been received, and 4. The Subpoena, which will be served, is identical to the Subpoena, which is attached to the Notice of Intent to Serve the Subpoena. DATE: 10/7(99 Ma44-1 I A A a C' '?l nJ X?b MATTHEW R. GOVER, ESQUIRE V ATTORNEY FOR DEFENDANT Nealon ?r-4110over ATTORNEYS AT LV October 7, 1999 Carlisle Family Practice 850 Walnut Bottom Road Carlisle, PA 17013 In Re: Eugene Dunning Social Security #: 164-56-9326 Dear Records Custodian: 301 MARKET STREET • 9^' FLOOR P.O. BOX 86S HARRISBURG, PA 17108 17171232.9900 FAX: (717) 236-9119 JAMES G. NEALON, III 11fA'ITHE'C' R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, . Barbara Baker, Paralegal BJB/bjb NEALON & GOVER Enclosures EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Family Practice Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. 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: Matthew R. Gover, Esquire 301 Market Street, 9'" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED:--9.- I," uj/ A ' FROTH NO ARIA Seal of the Court / p l EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Carlisle Family Practice ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Eugene Dunning SOCIAL SECURITY #: 164-66-9326 DATE OF BIRTH: 816161 T... EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS v. KENNETH L. COMP, DEFENDANT TO: Carlisle Family Practice IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Carlisle Family Practice, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on DATE: been produced. Records Custodian EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-4136 CIVIL TERM CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Kenneth L. Comp, 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. Date: 9/15/99 "'tu'-'3 1 ,GJV Matthew R. Gover, Esquire ?- Attorney for the Defendant CERTIFICATE OF SERVICE AND NOW, this 7th day of October, 1999, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire The Commons at Valley Forge Suite 22 P.O. Box 987 Valley Forge, PA 19482 '?(1-tx L (-?M?4 Ma hew R. Gover, Esquire r?. r, N b K m O a a O a Q = n o J a C7 0 a "(D x J K W a>I¢ON Z 0 z y m z OJ "? 0 w a a Q 0 Z a a a 'O N O 2 a i EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS v. KENNETH L. COMP, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-4136 CIVIL TERM CIVIL ACTION - AT LAW : 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, Kenneth L. Comp, certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served, 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. No objection to the Subpoena has been received, and 4. The Subpoena, which will be served, is identical to the Subpoena, which is attached to the Notice of Intent to Serve the Subpoena. DATE: 10/4/99 C I a-k-k k D 'L Z R (', ( / MA HEW R. GOVER, ESQUIRE ATTORNEY FOR DEFENDANT Nlealon Govnr ATTORNEYS AT LAW October 4, 1999 Daniel P. Hely, M.D. 816 Belvedere Street Carlisle, PA 17013 In Re: Tamara Dunning Social Security #: 197-58-2380 Dear Records Custodian: 301 MARKET STREET • 9" FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717) 232-9900 FAX: (717) 236-9119 JAMES G. NEALON, III MATTHEW R. DOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, I CI ..baC o, Ndid ) Barbara Baker, Paralegal BJB/bjb NEALON & GOVER Enclosures EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Daniel P. Hely, M.D. Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. 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: Matthew R. Gover, Esquire 301 Market Street, 9" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant DATED: ff Seal of the Court BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Daniel P. Hely, M.D. ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Tamara Dunning SOCIAL SECURITY #: 197-68-2380 DATE OF BIRTH: 1219162 E EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED KENNETH L. COMP, DEFENDANT TO: Daniel P. Hely, M.D. NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Daniel P. Hely, M.D., certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DA Records Custodian Nealon ?19 AV®a October 4, 1999 Belvedere Medical Center 850 Walnut Bottom Road Carlisle, PA 17013 In Re: Tamara Dunning Social Security #: 197-58-2380 Dear Records Custodian: 301 MARKET STREET • 9FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (7171232.9900 FAX: (717)236.9119 JAMES G. NEALON, III MATTHEW R. DOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralega NEALON & GOVER BJB/bib Enclosures EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFFS V. : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Belvedere Medical Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9'" Floor, Harrisburg, PA 17101. 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 Subpc?nc 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: Matthew R. Gover, Esquire 301 Market Street, 91" Floor Harrisburg, PA 17101 717-232.9900 Attorney for Defendant BY THE COURT: DATED: PROTH N TARY Seal of the Court n /Lit' U sr V EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For Belvedere Medical Center ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Tamara Dunning SOCIAL SECURITY 197-58-2380 DATE OF BIRTH: 12/9/62 EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTYRENNSYLVANIA PLAINTIFFS V. : NO. 994136 CIVIL TERM KENNETH L. COMP, : CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED NOTICE TO: Belvedere Medical Center You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Belvedere Medical Center, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 99-4136 CIVIL TERM KENNETH L. COMP, : CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Kenneth L. Comp, 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. Date: 9/13/99 v } 2 Matthew R. Gover, Esquire Attorney for the Defendant CERTIFICATE OF SERVICE AND NOW, this 4th day of October, 1999, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire The Commons at Valley Forge Suite 22 P.O. Box 987 Valley Forge, PA 19482 ?Yjn-tt L 1 A (I La-Ls) I Matthew R. Gover, Esquire i ' - 1 ? 1 1 l 1 C.' N 0 K m 0 g 0 a Q = n o a C?7oa ?m; < > m O m F z O m z N Z N ¢ O W J W 0 W a a. 4 Y U Z ` a E m < p N 17 K K a I NMMINA6'W I[4.18 T91L0•fY'[iILO ?ON WbOf 'JNI'1YNpWHtlLAV ?31Y16'lTl fO YOI$WGYT'0i13LY16'1tY GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife Plaintiffs VS. KENNETH L. COMP Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4136 PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 19. No response required. 20. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. Respectfully submitted, GRAHAM & MAUER, P.C. By: Ronald lf. Graham, Esquire Date: August 3, 1999 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 3rd day of August, 1999, a true and correct copy of Plaintiffs' Answer to Defendant's New Matter was mailed first class, postage prepaid to the following counsel of record: Matthew R. Grover, Esquire Nealon & Grover 301 Market Street - 9h Floor P.O. Box 865 Harrisburg, PA 19107-0865 GRAHAM & MAUER, P.C. By: -- Ronald M Gr Esquire Attorney r PI intiffs VERIFICATION I, Eugene Dunning, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: UGENE DUNN VERIFICATION I, Tamara Dunning, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: I U? 7 R UI L(V, f - -LLtvu TAMARA D L_ 1? (a l?;'.?. { I' ? f' ... '?. l LI ..I ll. I- ? . •. I'.. ? ' i .1 ?? EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. NO. 99-4136 CIVIL TERM CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eugene Dunning and Tamara Dunning, and their attorney, Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER 4-lEeLl Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Kenneth L. Comp, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer: 1.-2. Admitted. COUNT ONE - NEGLIGENCE EUGENE DUNNING VS. KENNETH COMP 3. Paragraphs 1 through 2 of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference thereto. 4.-7. Denied pursuant to Pa.R.Civ.P. 1029(e). 8.-13. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Kenneth Comp, respectfully request that the Complaint be dismissed with costs of this action. COUNT II - LOSS OF CONSORTIUM TAMARA DUNNING VS. KENNETH COMP 14. Paragraphs 1 through 13 of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference thereto. 15.-18. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Kenneth Comp, respectfully request that the Complaint be dismissed with costs of this action. NEW MATTER 19. Paragraphs 1 through 18 of Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference thereto. 20. Plaintiffs' claims are barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Kenneth Comp, respectfully request that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER By M tthe R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 2 VERIFICATION I, KENNETH L. COMP, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. KENNETH L. COMP CERTIFICATE OF SERVICE AND NOW, this 16ay of July, 1999, I hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 - Matthe R. over Esquire r? (.l N N ¢ fp 0 Q a OJ 0 W ¢ Q = n r 0 a m N C9ga gym; N W j z 6 id tt 0 N Z u z a m i 0 0 rc O W J 0 w a a 4 1 Z"a f m [7 ¢ Q S xmm[m •noas[fe nsaus •fs¢sus :ax wnm ']M'IYNOLLYNn3LlbLn4rn fa xaswa r b4T 31r1s nr SHERIFF'S RETURN - OUT OF COUNTY C,\SE NO: 1999-04136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNNING EUGENE ET AL VS. COMP KENNETH L R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: COMP KENNETH L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On July 29th, 1999 , this office was in receipt of the attached return from PERRY County, Pennsylvania. Sheriff's Costs: So answers; Docketing 18.00 Out of County 9.00 Surcharge 8.00 omas ine, Sheriff Dep. Perry Cc 29.60 $b4 b0' GRAHAM & MAUER 07/29/1999 Sworn and subscribed to before me this day ofL 19 99 A.D. T? P Cro ono 4ary, ? ,? ?'-T-? i Eugene & Tamara Dunning IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH Versus Kenneth L. Comp No. 99.4136 SHERIFF'S RETURN And now July 27 , 1999: Served the within name Kenneth L. Comp the defendant(s) named herin, personally at the place of residence in Bloomfield Boro Perry County, PA, on July 27, 1999 at 8:15 o'clock AM I by handing to Kenneth L. Comp an adult member of family 1 true and attested copy(ies) of the within Complaint and made known to him the contents thereof i Swom and subscribed to before me this j-7" day of T_Iy / 9o o• Jgin./.. NOTARLAL SEAL "mil KAREN A. BARCLAY, Notary public EiooetHeld Boro, Perry County, PA My Comrnisfion Expires June 19, 2000 So answers, ?p"?} Sheriff of Perry County In The Court of Common Pleas of Cumberland County, Pennsylvania Eugene Dunning, et. al. vs. Kenneth L. Comp No. 99-4136 Civil Now, 7/7/99 hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. fieriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this _ day of , 19 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do 19_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4136 CIVIL TERM CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Kenneth L. Comp, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER Id By: ' Matthew R. Gover, Esquire Attorney 1. D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 201n day of July, 1999, 1 hereby certify that I have served the foregoing Praecipe on the fo!lowing by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire GRAHAM & MAUER, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 vA'1a"?d I C? Matthe R?,u Gover Esquire t - -; u> N CD W 0 OJ 0 > o ,,nn a J ? 0 2 V O a m J 0 N W M 2 Z ZZ Z ¢ 2 U O 0 z O W 4J 0O wan. W 0 m a Q I m Z < O ? 1'1 R Q S I lrxourxYLU?.lmanv f0 XOiswd 111031 Lrl6 11 GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife 22 Ivy Terrace Road Carlisle, PA 17013 Plaintiffs VS. KENNETH L. COMP 34 Oakwood Drive Newport, PA 17074 Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 99. A113& lut 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 a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Attorney I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 610/933-3333 EUGENE DUNNING and TAMARA DUNNING, husband and wife 22 Ivy Terrace Road Carlisle, PA 17013 Plaintiffs VS. KENNETH L. COMP 34 Oakwood Drive Newport, PA 17074 Defendant Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. v9- Y/366,,, F l<« COMPLAINT Plaintiff Eugene Dunning is an adult individual who resides at 22 Ivy Terrace Road, Cumberland County, Carlisle, Pennsylvania 17013. 2. At all times material hereto, Defendant Kenneth L. Comp was an adult individual residing at 34 Oakwood Drive, Newport, Cumberland County, Pennsylvania 17074. COUNT ONE -NEGLIGENCE Eugene Dunning vs. Kenneth Comp 3. Paragraphs 1 through 2 of this Complaint are incorporated herein by reference as if set forth at length. 4. On or about July 21, 1997, at or about 8:17 p.m. Plaintiff Eugene Dunning, driving a 1994 Ford Explorer, was traveling northbound on McClures Gap Road. At said time and place, Defendant Kenneth L. Comp, was operating a 1985 Chevrolet Silverado, which was traveling eastbound on Willow Grove Road when he pulled out from a stop sign and collided with Plaintiff Eugene Dunning's vehicle. 6. Defendant Kenneth L. Comp, acted with a gross and reckless indifference to the rights and safety of others, including Plaintiff Eugene Dunning, and was reckless, negligent and careless in the operation of said motor vehicle for the following reasons which include, but are not necessarily limited to: a. failure to properly operate, manage and control said motor vehicle; b. disregarding the rights, safety and position of other persons on the road, including Plaintiff Eugene Dunning; C. failure to operate said motor vehicle with due care for the rights and safety of Plaintiff Eugene Dunning; d. failure to keep a proper lookout; e. failure to abide by the statutes of the Commonwealth of Pennsylvania enacted for the protection of persons, such as Plaintiff, including 75 P.S. §3731 and 3323; f. failure to stop in time to avoid a collision with the Plaintiffs vehicle; g. failure to control the vehicle in a reasonable and prudent fashion; h. recklessly attempting to operate a motor vehicle at a time when Defendant was not physically capable of operating a motor vehicle; operating, steering and controlling the vehicle in a reckless, negligent and careless manner; failure to avoid the occurrence complained of, k. failure to observe the roadway and/or the vehicles thereon; failure to remain alert at the wheel; M. recklessly operating said motor vehicle at an inappropriate and/or excessive rate of speed under the circumstances; n. recklessly operating said motor vehicle with a blood alcohol content in excess of the legal limit; and o, negligence per se. As a direct and proximate result of Defendant Kenneth L. Comp's recklessness, negligence and carelessness and not due to any act or failure to act on the part of Plaintiff Eugene Dunning, said Plaintiff endured great pain and suffering, as a result of injuries as described herein. 8. Plaintiffs injuries include, but are not limited to: swelling and irritation ofa previously fractured right wrist, and left knee pain, some or all of which are or may be permanent in nature. 9. As a direct and proximate result of Defendant Kenneth L. Comp's recklessness, negligence and carelessness Plaintiff Eugene Dunning has been in the past, and may continue to be in the future, unable to attend to his usual habits, customs, vocations and enjoyment of life. 10. As a direct and proximate result of Defendant Kenneth L. Comp's recklessness, negligence and carelessness Plaintiff Eugene Dunning has been in the past, and may continue to be in the future, required to undergo medical treatment and procedures. 11. As a direct and proximate result of Defendant Kenneth L. Comp's, recklessness, negligence and carelessness Plaintiff Eugene Dunning has been in the past, and may continue to be in the future, required to expend various sums of money for medicine and medical treatment and procedures as a result of his injuries. 12. As a direct and proximate result of Defendant Kenneth L. Comp recklessness, negligence and carelessness Plaintiff Eugene Dunning has been unable to attend to some or all of his occupations and, therefore, has in the past and may in the future continue to suffer a loss of income and/or loss of earning capacity. 13. Plaintiff Eugene Dunning is entitled to recover under the full tort provision of Title 75 Pa. C.S. § 1701 et seq. WHEREFORE. Plaintiff Eugene Dunning hereby demands judgment in his favor and against Defendant Kenneth L. Comp, in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule in compensatory damages, plus punitive damages, for Defendant's outrageous misconduct and reckless indifference to Plaintiff Eugene Dunning's, rights and safety, plus costs and interest. COUNT If - LOSS OF CONSORTIUM Tamara Dunning vs Kenneth Comp 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as if set forth at length. I5. Asa direct and proximate result of the injuries to Plaintiff Eugene Dunning, Plaintiff Tamara Dunning, has been and may continue to be compelled to expend monies for medical treatment and medicines in an effort to cure her husband. 16. As a direct and proximate result of the injuries to Plaintiff Eugene Dunning, Plaintiff Tamara Dunning, has been and/or may be compelled to expend monies for hiring help to perform the duties of the household previously performed by her husband. 17. As a direct and proximate result of the injuries to Plaintiff Eugene Dunning, Plaintiff Tamara Dunning, has been and may continue to be deprived of her husband's aid, comfort, society, companionship and affection. 18. As a direct and proximate result of the injuries to Plaintiff Eugene Dunning, Plaintiff Tamara Dunning, has suffered and may continue to suffer from herhusband's loss of earnings and/or earning capacity, and may in the future suffer from his loss of earnings and/or earning capacity. WHEREFORE, Plaintiff Tamara Dunning hereby demands judgment in her favor and against Defendant Kenneth Comp, in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule plus costs and interest. By: Date: July 7, 1999 GRAHAM& MAUER, P.C. Ronal4 Mid?am, Esquire Attomey Plaintiffs 5 VERIFICATION I, Ronald M. Graham, Esquire, hereby state that I am the attorney for the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. I am authorized to take this verification in this absence of my client. RONA ?- Attorne fo Plaintiffs Date: July 7, 1999 L1 ? f'j c'. r CC-)) w-- ?LII , O ate, IZZ ir2 Vtp ? ? v EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFFS V. : NO. 99-4136 CIVIL TERM KENNETH L. COMP, : CIVIL ACTION - AT LAW 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, Kenneth L. Comp, certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served, 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. Plaintiffs counsel waived 20 days and indicated no objection to these subpoenas being served. 4. The Subpoena, which will be served, is identical to the Subpoena, which is attached to the Notice of Intent to Serve the Subpoena. DATE: 4/11/00 I' cctt} .," --?Y" G ',r" MATTHEW R. GOVER, ESQUIRE ATTORNEY FOR DEFENDANT EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFFS V. : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Kenneth L. Comp, 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. Date: 4/10/00 l -6z - Matthew R. Gover, Esquire Attorney for the Defendant salon April 11, 2000 Fletcher Harley Corp. 240 New York Drive Suite 2 Fort Washington, Pa 17430 In Re: Eugene Dunning Social Security #: 164-56-9326 Dear Records Custodian: 301 MARKET STREET • 9- FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717) 232-9900 FAX: 1717) 236-9119 JAMES G. NEALON, RI MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, 2? I 'Z Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures EUGENE DUNNING AND : IN THE COURT OF COMMON PLEAS TAMARA DUNNING, : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFFS V. : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Fletcher Harley Corp. Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 91" Floor, Harrisburg, PA 17101. 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: Matthew R. Gover, Esquire 301 Market Street, 9'" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: ?? ?L?'U i? ?? J{yj? PROTHONOTARY Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Fletcher Harley Corp. Entire personnel file, including but not limited to applications for employment, correspondence, memorandum, health records, workers compensation records, payroll records or other documents pertaining to: DATES REQUESTED: Up to and Including the Present SUBJECT: Eugene Dunning SOCIAL SECURITY M 164-56-9326 DATE OF BIRTH: 8/6/61 EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT TO: Fletcher Harley Corp. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Fletcher Harley Corp., certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian Nealon Gover ATT RNEYS At LAW April 11, 2000 Sprint 1201 Walnut Bottom Road Carlisle, PA 17013 In Re: Tamara Dunning Social Security* 197-58-2380 Dear Records Custodian: 301 MARKET STREET • 9TM FLOOR P.O. Box 865 HARRISBURG, PA 17108 (717) 232-9900 FAX: (717) 236-9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, -, 1l Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sprint Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9' Floor, Harrisburg, PA 17101. 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: Matthew R. Gover, Esquire 301 Market Street, 91h Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: ' l /l, a?opp psi Cvir2?1'' ,P. PROTHONOTARY ?`- Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For Sprint Entire personnel file, including but not limited to applications for employment, correspondence, memorandum, health records, workers compensation records, payroll records or other documents pertaining to: DATES REQUESTED: Up to and Including the Present SUBJECT: Tamara Dunning SOCIAL SECURITY M 197.58-2380 DATE OF BIRTH: 12/9/62 EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT TO: Sprint : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Sprint, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian l 301 MARKET STREET • 9TM FLOOR Nea on P.O. BOX 865 HARRISBURG, PA 17108 17171232.9900 1 Sover FAX: (717) 236-9119 +T [o; `c eielMdNS tAIY 4W4 rl.:.1 ?. ...,.-. ATTORNEYS AT LAW JAMES G. NEALON, ID MATTHEW R. GOVER BRIAN W. PERRY DAVID 1. FREED April 11, 2000 CHRISTOPHER J. KNIGHT State Farm Insurance P.O. Box 14007 York, PA 17404-0867 In Re: Tamara Dunning and Eugene Dunning Claim No.: 38-1522-485 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. KENNETH L. COMP, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-4136 CIVIL TERM CIVIL ACTION - AT LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Insurance Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9'" Floor, Harrisburg, PA 17101. 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 This Subpoena was issued at the request of the following person: Matthew R. Gover, Esquire 301 Market Street, 91n Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: AdLy- 11 ?2`rJ Seal of the Court PROTHONOTARY ?f3fj • ? try K ?r''? ???? EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: State Farm Insurance Company ALL DOCUMENTS INCLUDING BUT NOT LIMITED TO, STATEMENTS, PHOTOGRAPHS, MEDICAL RECORDS, MEDICAL BILLS, PEER REVIEW, REPORTS OR OTHER DOCUMENTS PERTAINING TO A CLAIM MADE BY THE SUBJECT LISTED BELOW AS A RESULT OF AN AUTOMOBILE ACCIDENT THAT OCCURRED. IT IS BELIEVED THAT THE CLAIM No. Is 38-1522.485. DATES REQUESTED: Up to and Including the Present SUBJECT: Tamara and Eugene Dunning SOCIAL SECURITY#: 197-58-2380 and 164-56-9326 DATE OF BIRTH: 1219/62 and 8/6/61 EUGENE DUNNING AND TAMARA DUNNING, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4136 CIVIL TERM : CIVIL ACTION - AT LAW KENNETH L. COMP, DEFENDANT JURY TRIAL DEMANDED NOTICE TO: State Farm Insurance Co. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for State Farm Insurance Co., certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian CERTIFICATE OF SERVICE AND NOW, this 11th day of April, 2000, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald M. Graham, Esquire The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 `I? Matth w R. Gover, Esquire In it m 0 ?s ° 0 (70a m> N W J =WI?ON N O W o°Z "mz J w O W a a Q V k ZW 6 Q E_ m p l? m R Q _ NM 901 (?•A9901l0. 10 SOI IO?N !?iiu (pry Wyfii EUGENE DUNNING and : IN THE COURT OF COMMON PLEAS OF TAMARA DUNNING : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4136 CIVIL KENNETH L. COMP IN RE: ARBITRATION ORDER OF COURT AND NOW, July 11, 2000, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, David W. DeLuca, Esquire, shall be paid the sum of $50.00. David W. DeLuce, Esquire Chairman 301 Market Street Lemoyne, PA 17043 Court Administrator ssg S'! I ^. ?t 4 ?p\ V J ry ri LAW OFFICES JOHNSON, DUFFLE, STEWART & WEIDNER A Professional Corporation IF.RRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. IR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT. IR. DAVID I. LANJ_A MARK C. DUFFIE KEIRSTEN WAL511 DAVIDSON MICHAEL I. CASSIDY HAND DELIVERED 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043.0109 WEBSITE: www.jdsw.com TELEPHONE 717.761.4540 FACSIMILE 717-761.3015 E-MAIL mailWdaw.com July 11, 2000 The Honorable George E. Hoffer President Judge Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTN: Sandy Re: Dunning v. Comp No. 99-4136 Civil Dear Sandy: HORACE A. IOHNSON OF COUNSEL WRITLR'S EXT. NO. 10 L-MAIL dwd@Ijdsw.com Attached is a file that was assigned to me by Judge Hoffer appointing me as chairman of an arbitration panel. Prior to the date of the scheduled hearing, the parties reached a settlement. Attached is the file including a letter from Plaintiffs' counsel advising that the matter has been settled. Therefore, I have canceled the hearing. Thank you for your attention to this matter. Very truly yours, JOH SON, DUFFIE, STEWART & WEIDNER vid W. DeLuce DWD:kkm:136265 cc: Mark K. Emery, Esquire (w/encl.) Richard E. Connell, Esquire (w/encl.) Ion RECEIVED Jul 01 2000 STEWggr ANO WE p EA June 30, 2000 David W. DeLuca, Esquire 3rd and Market Streets P.O. Box 109 Lemoyne, PA 17043-0109 RE. Dunning v. Comp Cumberland County 99.4136 CIVIL Dear David: 301 MARKET STREET- 9- FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717)232.9900 FAX: (717) 236.9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT Please be advised that the above-referenced matter has settled. Thank you for your cooperation and attention to this matter. tr ly yours, a?- Matthew R. Gover NEALON & GOVER MRG/sif cc: Ronald M. Graham, Esquire 9,/.9.5 +1u.