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HomeMy WebLinkAbout99-05462 I ml L 0 SHARON M. YUDA, and JENNIE M. IN THE COURT OF COMMON PLEAS YUDA, a Minor by, SHARON M. YUDA CUMBERLAND COUNTY, PENNA. and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant NO. 99.5462 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1-23. Paragraph 3 is admitted. It is further admitted that on May 15, 1998, at approximately 4:55 p.m., Plaintiff, Sharon M. Yuda, was operating a 1992 Ford Taurus station wagon, owned by her and her husband, Montie W. Yuda, in a westerly direction on S.R. 174 (Old York Road), South Middletown Township, Cumberland County, Pennsylvania; it is further admitted that Jennie M. Yuda was a passenger in the automobile being operated by her mother, Sharon M. Yuda; it is further admitted that at the same time and place, Defendant, Gary L. Kelley, was operating a bicycle in a southbound direction on T. 478 (Rockledge Drive), approaching its intersection with S.R. 174, South Middletown Township, Cumberland County, Pennsylvania; it is further admitted that a collision occurred between the bicycle being operated by the defendant and the Yuda vehicle; the remaining averments contained in Plaintiffs Complaint are denied pursuant to Pa. R.C.P. 1029(e). Respectfully submitted, NEALON ,Ames G. Nealon, III, Esquire Atty. I.D. #46457 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 2 I, Gary L. Kelley, verify that the statements made in the foregoing Answer is 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. Dated: AND NOW, this &- day of October, 1999, 1 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: Stephen B. Lipson, Esquire 501 South Hanover Street Carlisle, PA 17013 James G. Nealon, III, Esquire Dated: 1p l 17* 3 CV Q , c a. i C ?1?R• O J 41._.. U aj Q] L F Co C rn U N K 0 m 0 z Dj W 4 o o Q m n 2 0 C7 o a m to x } I W O N 0 O Z N m N ¢ 0 W J W 0 W a a Q 4 k R 7 Z a Q m 0 N n rc x NMw110 •ADwlll • V wl(D • Mw11D : dl nYDI ']MI'IYNDIIYMYi1Ml ?lln?"I1Y IO MpSLWY T'oT 3p19'llY SHARON M.YUDA, and JENNIE M. YUDA, a Minor by SHARON M. YUDA and MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9/-01-CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 Defendant SHARON M.YIIDA, and JENNIE M. YUDA, u Minor by SIIARON M. YUDA and MONPIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY I.. KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. COMPLAINT CIVIL TERM Plaintiff SI IARON M. YUDA is an adult individual who currently resides at 548 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Plaintifl7ENNIE M. YUDA is a minor being represented in this action by her parents, Sharon M. Yuda and Montie W. Yuda, as natural guardians. Plaintiff Jennie M. Yuda also resides at 548 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Defendant is GARY L. KELLEY, an adult individual who currently resides at 153 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 4. On May 15, 1998 at approximately 4:55 P.M., Plaintiff Sharon M. Yuda was operating a 1992 Ford Taurus station wagon owned by her and her husband, Montie W. Yuda, on State Road 174 (West Old York Road) in South Middleton Township, Cumberland County, Pennsylvania. Plaintiff Sharon M. Yuda was traveling west in her proper lane of travel on said S.R. 174. 5. On said date and time, Plaintiff Jennie M. Yuda was a passenger in the automobile being operated by her mother, Plaintiff Sharon M. Yuda. 6. On said date and time, Defendant was the operator of a bicycle and was heading South on Township Road 478 (Rockledge Drive) in aforesaid South Middleton Township. As Plaintiff Sharon M. Yuda was heading west on S.R. 174 on May 15, 1998 she approached the intersection of S.R. 174 and T.R. 478. There were no traffic control devices affecting Plaintiff as she travelled through the intersection, while Defendant had a stop sign on T. R. 478 at said intersection. 8. Despite having a stop sign at the intersection, Defendant did not stop and/or failed to yield the right of way and allow Plaintiff to pass through the intersection; rather, he proceeded into the intersection and struck Plaintiffs vehicle on its passengers' side. 9. Plaintiff Sharon M. Yuda did not see Defendant until just prior to impact. Plaintiff swerved to the left in an attempt to avoid the impact, but Defendant still struck the passenger side of Plaintiffs car with such force that he broke both passenger side windows and severly damaged the side of the car. 10. Plaintiff Sharon M. Yuda exercised due and proper care in operating her vehicle at all times relevant to this Complaint. 11. Defendant was negligent and careless in the operation of his bicycle on May 15, 1998, with said negligence and carelessness consisting of the following: A. Defendant failed to have the bicycle that he was operating under proper and adequate control; B. Defendant failed to keep a careful and diligent watch on the roadway; C. Defendant failed to stop for a stop sign and failed to yield to traffic proceeding on S.R. 174; rather, he entered the intersection in violation of §3323(b) and § 3505(a) of the Vehicle Code; D. Defendant failed to keep a proper lookout for other vehicles. 12. Defendant's negligence and carelessness was the sole cause of the accident that occurred on May 15, 1998. COUNT I - COMPLAINT OF PLAINTIFF SHARON M. YUDA 13. The allegations contained in Paragraphs 1 through 12, inclusive, are incorporated herein and made a part hereof as if more fully set forth. 14. By reason of Defendant's negligence and carelessness on the date in question, Plaintiff Sharon M. Yuda sustained various and sundry injuries, including, inter alia, neck pain and anxiety (stress disorder). 15. By reason of said injuries caused by Defendant's negligence, Plaintiff Sharon M. Yuda had a great deal of pain and suffering in the months following the accident. 16. By reason of said injuries caused by Defendant's negligence, Plaintiff Sharon M. Yuda was unable to work her normal schedule for several weeks following the accident. Plaintiff works an average of 25-27 hours every week, but in the three weeks following the accident she was able to work only 7.92, 3.92 and 20.17 hours, respectively. 17. Plaintiffs regular rate of pay is $6.27 an hour, and thus Plaintiff had lost wages of 48.99 hours times $6.27, for a total of $307.17, as a result of the accident. She received $94.34 to date, and thus Defendant owes her the balance, namely, $212.83. 18. Defendant has not compensated Plaintiff for her pain and suffering or her lost wages despite demand that he do so. WHEREFORE, Defendant is indebted to Plaintiff Sharon M. Yuda for $212.83, together with unliquidated damages for pain and suffering, and Plaintiff Sharon M. Yuda demands judgment in her favor and against Defendant for these damages, together with the costs of this action. COUNT II - COMPLAINT OF PLAINTIFF JENNIE M. YUDA 19. The allegations contained in Paragraphs 1 through 12, inclusive, are incorporated herein and made a part hereof as if more fully set forth. 20. By reason of Defendant's negligence and carelessness on the date in question, Plaintiff Jennie M. Yuda sustained various and sundry injuries, including, inter alia, glass cuts on her lower left calf, on several fingers and her neck. Treatment was provided at the Carlisle Hospital, to which Plaintiff Jeanie M. Yuda was transported by ambulance following the accident. 21. By reason of said injuries caused by Defendant's negligence, Plaintiff Jennie M. Yuda had pain and suffering in the weeks following the accident. 22. Defendant has not compensated Plaintiff Jennie M. Yuda for her pain and suffering, despite demand that he do so. WHEREFORE, Defendant is indebted to Plaintiff Jennie M. Yuda for unliquidated damages for her pain and suffering, and Plaintiff Jennie M. Yuda demands judgment in her favor and against Defendant for these damages, together with the costs of this action. The amounts sought by the two Plaintiff's, both individually and collectively, do not exceed the jurisdictional amount requiring referral to arbitration pursuant to local rules of court. Respectfully submitted, J - Stephen B. Lipson, Esquire Counsel for Plaintiffs 501 S. Hanover Street Carlisle, PA 17013 (717) 249-3929 VERIFICATION I verify that the statements made in this Complaint are true and correct to my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Dated:- Sharon A Yuda ?J x ?3 Olz? SHERIFF'S RETURN - REGULAR CASE NO: 1999-05462 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUDA SHARON M ET AL VS. KELLY RY L Sheriff of Sheriff or Deputy according who being duly sworn SMITH JODY Pennsylvania, was served CUMBERLAND County, the the within COMPLAINT to law, says, KELLEY GARY L 6th day of -------- upon HOURS, on the UARE 1 COURTHOUSE SQ defendant, at x=08 FF'S DEPT. SHERI CUMBERLAND 1999 at CUMBERLAND CO. PA 17013 KELLEY CARLISLE, hand' ng to GARY L- County, Pennsylvania, by COMPLAINT thereof. Of the the contents a true and attested copy H=s attention to and at the same time directing so answers : 701000, Sheriff's,Costs; 18.00 Docketing 9.30 omas ine eri Service. 8,00 Affidavit FF Surcharge X35 3?10?06/199 PSON 9 by L? U Y eri Sworn and subscribed to before me this = day of 19 A.D. L ?,,, 0 o ono rY -- SHERIFF'S RETURN - REGULAR CASE NO: 1999-05462 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YUDA SHARON M ET AL VS. KELLEY GARY L JODY SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon KELLEY GARY L the defendant, at 11:08 HOURS, on the 6th day of October 1999 at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to GARY L. KELLEY a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Service 9.30 Docketing 18.00 ,6?'?-•-.ac?t? Affidavit .00 Surcharge 8.00 omas ine 5 eri $353"0--STEPHEN LIPSON 1010611999 by L?7r?u c /u y 5 eriy 5 eri Sworn and subscribed to before me d this --;d ` day of Cne?G? . 19 A.D. rotnanot?r SHARON M. YUDA, and JENNIE M. YUDA, a minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-5462 CIVIL 19 99 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen R_ T.ipson , counsel for the plaintiff 1AR&eA,4AR1k in the above action (QSq{7@grespectfully represents that: 1. The above-captioned action (RXX*XkJM) is (Rkqo at issue. 2. The claim o` the plaintiff in the action is $212.83 plus The counterclaim of the defendant in the action is N.A. * unliquidated damages for pain and suffering for both Plaintiffs The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Stephen B. L•igson.counsel for Plaintiffs, Tamar r Naalnn, TTT Fen Councel for Defendant. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, l}2((CU 19- in consideration of the foregoing petition, Esq., ?ni u?n /rCl Esq., ands. ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By P. J. ti G_ r 5 c? "a 1 J I Cl SHARON M. YUDA, AND JENNIE M. YUDA, , a Minor by, SHARON M. YUDA AND MONTIE W. YUDA,her Natural Guardiane: Plaintiff , : vs. : , GARY L. KELLEY, Defendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5462 CIVIL TERM 1999 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the Second of May, 2000, at nine o'clock a.m. in the Old Cumberland County Court House, 2nd Floor, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICES TO ALL PERSONS AND RESERVE PLACE OF HEARING. C.: Dated: ?'7 dz? f1 `C .• t •.- Ruby D. We ks,i Esquire, Chairman Susan Hartman, Esquire Gregory Cutler, Esquire c: Stephen B. Lipson, Attorney for Plaintiff 501 S. Hanover Street Carlisle, PA 17013 James G. Nealon, Attorney for Defendant 301 Market Street - 9th Floor Harrisburg, PA 17108-0865 Susan Hartman, Esquire, Arbitrator 1 Irvine Row Carlisle, PA 17013 Gregory Cutler, Esquire, Arbitrator 50 E. High Street Carlisle, PA 17013 Court Administrator Prothonotary Bulletin Board SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 CIVIL ACTION - 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, Gary L. Kelley, 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 that is attached to the Notice of Intent to Serve the Subpoena. DATE: 12/15/99 _ .?. ,_A? i JA ES G. NEALON, III, SQUIRE ATTORNEY FOR DEFENDANT 111ealon . Gover ATTORNEYS AT LAW William J. Phelan, M.D. 2 Tyler Court Carlisle, PA 17013 301 MARKET STREET- 9- FLOOR P.O. BOX 863 HARRISBURG, PA 17108 (717) 232-9900 FAX: (717) 236-9119 JAMES G. NEALON, III MATTHEW R. DOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER]. KNIGHT December 15, 1999 In Re: Jennie M. Yuda Social Security #: 191-46-2993 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 Enclosures SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 GARY L. KELLEY, CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William J. Phelan, 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, 9ht 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: James G. Nealon, III, Esquire 301 Market Street, 9' Floor Harrisburg, PA 17101 717.232.9900 Attorney for Defendant / / DATED: 1 IJ Seal of the Court J BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: William J. Phelan 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: Sharon M. Yuda SOCIAL SECURITY #: 191-46-2993 DATE OF BIRTH: ' 9/9/54 SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant TO: William J. Phelan, M.D. . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-5462 . CIVIL ACTION - 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 William J. Phelan, 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 Nnalon Vover ATTORNEYS AT LAW William J. Phelan, M.D. 2 Tyler Court Carlisle, PA 17013 301 MARKET STREET; 9- FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (717) 232.9900 FAX: (717) 236.9119 JAMES G. NEALON, N MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT December 15, 1999 In Re: Sharon M. Yuda Social Security #: 191-46-2993 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 /bib Enclosures SHARON M. YUDA, and JENNIE M. IN THE COURT OF COMMON PLEAS YUDA, a Minor by, SHARON M. YUDA CUMBERLAND COUNTY, PENNA. and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant NO. 99-5462 . CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William J. Phelan, 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: James G. Nealon, III, Esquire 301 Market Street, 91" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant DATED: Seal of the Court -i BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: William J. Phelan, M.D. ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHLR DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Jennie M. Yuda SOCIAL SECURITY #: 193-66-1525 DATE OF BIRTH: 12/24/85 SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant TO: William J. Phelan, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 CIVIL ACTION - 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 William J. Phelan, 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. DATE: Records Custodian NeWon hover ATTORNEYS AT LAW Paul Hang, Ph.D. The Stevens Center 33 State Avenue Carlisle, PA 17013 301 MARKET STREET •'9- FLOOR P.O. BOX 865 HARRISBURG, PA 17108 17171232.9900 FAX: 17171236.9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W, PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT December 15, 1999 In Re: Sharon M. Yuda Social Security* 191-46-2993 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, () ?( 'wj jCv rc )2) Barbara Baker, Paralegal NEALON & GOVER /bjb Enclosures SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 GARY L. KELLEY, CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2 2 TO: Paul Hang, Ph.D. - The Stevens 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, g'h 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: James G. Nealon, III, Esquire 301 Market Street, 91h Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant DATED: U_13-? Seal of the Court BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Paul Hang, Ph.D. - The Stevens 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: Sharon M. Yuda SOCIAL SECURITY #: 191-46-2993 DATE OF BIRTH: 9/9/54 SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-6462 GARY L. KELLEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO: Paul Hang Ph.D. - The Stevens 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 Paul Hang, Ph.D. - The Stevens 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 NCsover ATTORNEYS AT LAW Belvedere Medical Center Dr. Jurgensen 850 Walnut Bottom Road, Suite A-2 Carlisle, PA 17013 301 MARKET STREET • 9^' FLOOR P.O. BOX 96S HARRISBURG, PA 17109 (717) 232.9900 FAX: 17171236-9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT December 15, 1999 In Re: Sharon M. Yuda Social Security #: 191-46-2993 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 sur h 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 /bib Enclosures SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-5462 GARY L. KELLEY, CIVIL ACTION - LAW 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 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: James G. Neaion, III, Esquire 301 Market Street, 9ht Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant DATED: N.-?? BY THE COURT: Seal TARY Seal of the Court 4! ; 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: Sharon M. Yuda SOCIAL SECURITY #: 19146-2993 DATE OF BIRTH: ' 9/9/54 SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-5462 GARY L. KELLEY, CIVIL ACTION - 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 DATE: been produced. Records Custodian Neaon .,.GOver ATTORNEYS AT LAW December 15, 1999 Carlisle Hospital 246 Parker Street Carlisle, PA 17013 In Re: Jennie M. Yuda Social Security #: 191-46-2993 Dear Records Custodian: 301 MARKET STREET • 9- FLOOR P.O. BOX 865 HARRISBURG, PA 17108 (71712329900 FAX! (717) 236-9119 JAMES G. NEALON, III MATTHEW R. COVER 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, V/1 'Ic Barbara Baker, Paralegal /bjb NEALON & GOVER Enclosures a SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 GARY L. KELLEY, CIVIL ACTION - LAW Defendant . JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Hospital - Dr. Gerald E. Fronko 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: James G. Neaion, III, Esquire 301 Market Street, 9'" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant DATED: I 'l3 Seal of the Court BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Carlisle Hospital - Gerald E. Fronko 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: Jennie M. Yuda SOCIAL SECURITY #: 193-66-1525 DATE OF BIRTH: ' 12/24/85 SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant TO: Carlisle Hospital IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 CIVIL ACTION - 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 Hospital, 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 SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. NO. 99-5462 GARY L. KELLEY, CIVIL ACTION - 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, Gary L. Kelley, 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: 11/23/99 ?,? r . i . :-]E Jarr es G. Nealon, III, squir XUb Attorney for the Defendant CERTIFICATE OF SERVICE AND NOW, this 15th day of December, 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: Stephen B. Lipson, Esquire 501 South Hanover Street Carlisle, PA 17013 Ja s G. Nealon, III, Esquire f ?. m 0 a m a ?0 0 0 >m< 0 0 J 0 h< o < m i U J i W 2 0 N Z F m 2 O N z m O W 0 w a: a Q 0 k p Z m a z m ? p 0 n rc Q J L- x t WN 10•AO+glO•lYpl10•fl'HIlO -O..W, 'EMIT OIMWUN1 ?3tYlY 11Y 10 N04WOV Tor llllsll SHARON M. YUDA, and JENNIE M. YUDA, a Minor by, SHARON M. YUDA and, MONTIE W. YUDA, her Natural Guardians, Plaintiffs V. GARY L. KELLEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-5462 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED Please enter the undersigned's appearance on behalf of the Defendant, Gary L. Kelley, with regard to the above-captioned matter. Respectfully submitted, NEALON 8 GOVER By: l James G. Nealon, III, Esquire Attorney I.D. #46457 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 AND NOW, this 12th day of October, 1999, 1 hereby certify that I have served the foregoing F -aecipe entering my appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Stephen B. Lipson, Esquire 501 South Hanover Street Carlisle, PA 17013 James G. Nealon, III, Esquire Dated: N N ¢ m 0 R 4 0 a 6 s n n J 0 N < (D o Q m ?y 10 W J y r I W % } N M 2 Z 2 Z f 0 O N m N O JQ Q W W m a a W ?` ? Y N Z ` a f m ? p N n rc 6 I IlM'MIIO•AO9Y11O.10 [91(4•IY <9t(0 ON WMOI }11 }YNp1YHY4N1 vLYIS TY IO NpGNO v lMll IlvI51lY Sharon M., Jennie M., and Montie W. • ?C. ) In The Court of Common Pleas of Cumberland County, Pennsylvania No.99-53/6? ,9? Gary L. ) OATH lie do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our office with fidelity. . an AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: applicable.) Arbitrator, dissents. (Insert name i_° Date of Hearing: oo Date of Award: S d- o v f irman NOTICE OF ENTRY OF AWARD Now, the o&4ay of M A9V6 , ac ti!- L.U. , the above award was entered upon the docket: and notice thereof given by mail to the parties or their attornevs. Arbitrators' compensation to be paid upon appeal: $d N6 00 (Note: If damages for delay are awarded, they shall be separately stated.) ,thy J Kit-C Ps - dct/i?tc r-C, gory C-Uael- - ?iuc l OrY- '`^ U? -?' G? d MA y ?JC111 ?"ei /? 4 4 NIGI! vl 6-6